Circular 06/2026/TT-BTC: Strengthening the Legal Framework for IPR Border Enforcement
On January 26, 2026, the Minister of Finance issued Circular 06/2026/TT-BTC (“Circular 06”) amending and supplementing a number of articles of Circular 13/2015/TT-BTC, which regulates the inspection, supervision, and temporary suspension of customs procedures for exported and imported goods suspected of infringement of intellectual property rights (“IPR”).
Effective from March 1, 2026, Circular 06 marks a significant advancement in strengthening the legal framework for IPR enforcement at Vietnam’s borders. By streamlining procedures, decentralising decision-making authority, and modernising customs supervision mechanisms, the Circular is expected to address long-standing practical challenges in the implementation of border control measures relating to IPR protection.
Below are some of the most notable new provisions introduced under Circular 06:
- Proactive Suspension Mechanism for Suspected IPR Infringements
The most significant development under Circular 06 is the introduction of Article 10a, which expands the authority of customs officials. For the first time, customs authorities are empowered to proactively suspend customs procedures for goods suspected of infringing trademarks, geographical indications, or copyright, where there are clear grounds for suspicion based on risk assessment, data analysis, or operational intelligence.
Previously, the suspension of customs procedures could only be initiated upon request by an IPR holder. The new mechanism therefore represents a shift from a reactive to a more preventive and enforcement-oriented approach.
Under the revised framework, the Head of the Customs Team where the customs declaration is registered is authorised to issue a decision to suspend customs procedures for suspected infringing goods. This authority was previously vested in the Head of the Sub-Department of Customs or a higher-level authority. The decentralisation of decision-making power is expected to facilitate faster, on-the-spot enforcement actions.
Once a decision on temporary suspension is issued, the customs authority must notify the relevant IPR holder or its IP representative within eight working hours from issuance. The notification shall be made through the Customs electronic data processing system to ensure efficiency and traceability.
Furthermore, where administrative sanctions are imposed in relation to infringing goods, the customs authority is required to notify the IPR holder or its IP representative within 30 days from the issuance of the sanctioning decision.
Importantly, Article 10a also provides for compensation in cases where customs authorities improperly exercise their power to proactively suspend customs procedures, thereby causing damage to the goods owner. This safeguard helps balance enhanced enforcement powers with accountability.
- Extension of Inspection and Supervision to E-Commerce Goods
Circular 06 introduces Article 14a, which provides specific regulations on customs inspection and supervision of goods traded via e-commerce platforms in connection with IPR protection.
Under this provision, goods imported or exported through e-commerce channels that show signs of being counterfeit or infringing IPRs may be subject to inspection and handling in a manner similar to goods traded through traditional commercial channels. This amendment reflects the growing importance of cross-border e-commerce and strengthens customs control in the digital trade environment.
- Streamlining of Administrative Procedures and Documentation
Circular 06 also includes several measures aimed at simplifying administrative procedures and reducing documentary burdens, including removal of the requirement for legalisation or notarisation of certain documents, online verification and electronic lookup of digital documents. Il also encourages submission of dossiers through electronic systems.
In addition, the Circular introduces new and more detailed standardised forms (including forms for temporary suspension, extension, termination, updates, and decisions). These updated templates are intended to ensure consistency and clarity in implementation across customs authorities.