Vietnam Customs Law 2027: New IP Border Rules
Vietnam has amended its Customs Law to strengthen intellectual property enforcement at the border. Law No. 11/2026/QH16 was issued on August 23, 2026 and will take effect on March 1, 2027.
The amended Vietnam Customs Law expressly strengthens customs control over counterfeit and pirated goods, including goods transiting through Vietnam. It also reinforces customs-initiated suspension powers, develops the customs recordal framework and introduces new data obligations for cross-border e-commerce.
These changes are particularly relevant to foreign brand owners, importers, exporters, manufacturers, distributors, logistics providers and e-commerce platforms operating in or through Vietnam.
Quick Answer
From March 1, 2027, the amended Vietnam Customs Law will strengthen intellectual property enforcement against suspected counterfeit and pirated goods at Vietnam’s borders. The framework expressly covers transit goods, supports both rights-holder-requested and customs-initiated suspension, consolidates customs recordal and monitoring, and introduces data-connection requirements for cross-border e-commerce. Businesses should review their Vietnam IP registrations, customs recordal strategy, product labels, authorization documents and shipment records before the effective date.
Key Takeaways
Law No. 11/2026/QH16 takes effect on March 1, 2027.
Intellectual property enforcement will expressly extend to goods transiting through Vietnam.
Customs may suspend procedures for suspected IP-counterfeit goods without waiting for a formal request from the rights holder in qualifying cases.
Rights holders will continue to have a request-based suspension mechanism, supported by evidence and applicable financial security.
Customs recordal will become increasingly important for businesses that want customs authorities to identify suspicious shipments.
Cross-border e-commerce operators will face closer data integration and customs monitoring.
Importers should review trademark authorization, supply-chain evidence and product labels, including the use of the ® symbol.
The new Customs Law should be read together with Circular No. 06/2026/TT-BTC and subsequent implementing guidance.
Vietnam Customs Law 2027 at a Glance
Area | Main development | Businesses affected | Recommended action |
Effective date | Law No. 11/2026/QH16 takes effect on March 1, 2027 | Importers, exporters, rights holders and logistics businesses | Complete a compliance review before the effective date |
Transit goods | IP border measures expressly cover qualifying transit shipments | Brand owners, carriers, freight forwarders and transit operators | Review routes and supporting documents for goods passing through Vietnam |
Customs suspension | Both request-based and customs-initiated mechanisms are available | Rights holders, importers and exporters | Establish a response process for detained or suspended shipments |
Customs recordal | The recordal and monitoring framework is strengthened | Trademark, copyright and other eligible rights holders | Prepare ownership, authorization and product-identification documents |
Counterfeit goods | Customs receives stronger tools to intercept suspected counterfeit and pirated goods | Consumer brands, technology businesses and manufacturers | Prepare genuine-product indicators and infringement comparison materials |
E-commerce | Cross-border platforms face customs data-connection requirements | E-commerce platforms and online sellers | Review data, shipment and product-information systems |
Product labels | Trademark and protection-status claims may receive closer scrutiny | Importers and distributors of branded products | Review labels, supplementary labels and use of the ® symbol |
What Changes Under the Vietnam Customs Law in 2027?
The amended law is intended to strengthen border enforcement while modernizing customs supervision. Its practical significance is not limited to businesses accused of trading in counterfeit goods. Legitimate brand owners and authorized importers also need sufficient records to demonstrate that their shipments are genuine and legally distributed.
Transit Goods Are Brought Within the IP Enforcement Framework
One of the most important changes is the express extension of intellectual property controls to goods in transit.
Transit goods are goods transported through Vietnam while both their point of origin and final destination are outside Vietnam. Such goods may enter a Vietnamese port, warehouse or border gate before continuing to another country.
Under the amended Vietnam Customs Law, qualifying transit goods may be subject to customs inspection, supervision and suspension where there are grounds to suspect that they are counterfeit or pirated. This closes a significant enforcement gap because Vietnam is increasingly used as a regional logistics and transshipment hub.
The change affects more than the owner of the goods. Freight forwarders, carriers, customs agents, warehouse operators and regional distributors may also face delays if shipment descriptions, brand information or supporting records are incomplete.
Businesses using Vietnam as a transit point should therefore ensure that transport documents, commercial invoices, packing lists, bills of lading and brand authorization records are consistent.
Customs May Act Without Waiting for a Rights-Holder Request
Vietnam’s border enforcement framework provides two main routes for suspending customs procedures.
The first is suspension at the request of an intellectual property rights holder or its authorized representative. The applicant generally needs to demonstrate ownership of the relevant right, provide information identifying the suspected goods and satisfy applicable financial-security requirements.
The second is customs-initiated, or ex officio, suspension. Under this mechanism, customs may act when inspection and monitoring reveal clear grounds to suspect that a shipment contains IP-counterfeit goods, without first waiting for a formal application from the rights holder.
This power does not mean that every trademark, patent or commercial dispute will automatically result in suspension. The clearest application concerns counterfeit-trademark goods, counterfeit geographical indications and pirated goods. Patent, industrial-design and trade-name disputes may require different evidence or enforcement routes.
Customs Recordal Becomes More Important
Customs recordal is the process through which an intellectual property rights holder provides customs authorities with information that helps identify and monitor potentially infringing shipments.
A recordal package may contain:
Evidence of IP ownership or authorized use;
Vietnam trademark or other IP registration documents;
Details of genuine products and packaging;
Names of authorized manufacturers, importers and distributors;
Information about known or suspected infringing parties;
Images showing genuine and suspected counterfeit goods;
Relevant product codes, routes and ports of entry;
Contact details for rapid verification.
Customs recordal does not replace registration of the underlying intellectual property right in Vietnam. A foreign trademark registration alone may not provide an adequate basis for enforcement if the mark is not protected in Vietnam.
Foreign brand owners should therefore review both their IP registration status and their customs recordal strategy. Detailed procedures, filing channels and the geographic effect of individual recordals should continue to be monitored through implementing guidance and administrative practice.
Cross-Border E-Commerce Comes Under Closer Customs Supervision
The amended Vietnam Customs Law also strengthens the legal basis for customs oversight of cross-border e-commerce.
Operators involved in cross-border online trade may be required to connect and exchange relevant data with customs electronic systems. This may allow customs authorities to identify suspicious shipments by reviewing platform, seller, buyer, product and logistics information.
Businesses should not wait until the new rules are fully operational before reviewing their systems. Cross-border platforms and sellers should assess whether their product descriptions, seller-verification records, shipment data and customs declarations are accurate and capable of reconciliation.
Further implementing rules may clarify technical connection standards, reporting scope, data formats and the responsibilities of different parties in the e-commerce supply chain.
Who Is Affected by the Vietnam Customs Law?
Foreign Brand Owners
Foreign brand owners gain stronger border-enforcement tools, but these tools depend on proper preparation. A business that has not registered its trademark in Vietnam or prepared product-identification evidence may struggle to respond quickly when customs identifies a suspicious shipment.
Importers and Authorized Distributors
Even genuine goods can be delayed when customs cannot confirm the relationship among the brand owner, manufacturer, exporter and Vietnamese importer. Importers should maintain current authorization letters, distribution agreements, commercial invoices and supporting supply-chain records.
Exporters and Manufacturers
Vietnam-based exporters and manufacturers should verify that they are authorized to produce and use relevant trademarks, copyrighted materials, product designs and packaging. Contract manufacturing arrangements should clearly address IP ownership and permitted use.
Logistics and Transit Operators
Carriers, freight forwarders and warehouse operators may not own the goods, but they still need accurate shipping instructions and supporting documentation. Transit shipments involving high-risk brands or unclear product descriptions may face additional scrutiny.
E-Commerce Platforms and Online Sellers
Platforms and online sellers involved in cross-border shipments should prepare for greater customs-data integration. Product listings, seller identities, shipment descriptions and declared customs information should not contradict one another.
Does the New Law Replace Circular No. 06/2026/TT-BTC?
No. The amended Customs Law and Circular No. 06/2026/TT-BTC should be read together.
Circular No. 06/2026/TT-BTC took effect on March 1, 2026 and amended existing procedures for customs inspection, supervision and suspension involving goods subject to intellectual property protection. Law No. 11/2026/QH16 takes effect one year later, on March 1, 2027, and provides the amended statutory framework.
Some operational changes therefore began before the new law’s effective date. Businesses should follow the current procedures under Circular No. 06 while preparing for the broader legal framework applicable from March 2027.
Future decrees, circulars and customs guidance may provide additional details on electronic recordal, e-commerce connectivity, transit-goods controls and coordination among regional customs authorities.
Imported Goods Bearing the ® Symbol
Imported products sometimes display the ® symbol because a trademark is registered in another country, even though it is not yet protected in Vietnam.
The presence of the ® symbol does not automatically make a shipment counterfeit. However, using the symbol in a way that inaccurately suggests that the trademark is protected in Vietnam may create a labeling or industrial-property compliance issue.
Under Customs Official Letter No. 20601/CHQ-GSQL issued in August 2026, an importer may need to provide truthful information about the trademark’s protection status in Vietnam. Depending on the circumstances, a supplementary label and written undertaking may be used to correct the information before circulation.
Importers should review:
Whether the trademark is registered and valid in Vietnam;
Where the ® symbol appears on the product or packaging;
Whether the Vietnamese supplementary label accurately explains the protection status;
Whether the importer has authorization from the trademark owner;
Whether any royalties or licensing payments affect customs valuation.
The appropriate response should be assessed based on the product, label, IP status and customs file. Businesses should not assume that removing or covering a symbol will resolve every compliance issue.
Vietnam Customs Law Compliance Checklist
Businesses can use the following checklist before March 1, 2027:
Identify the trademarks, copyrights, designs and other IP assets associated with goods imported into, exported from or transiting through Vietnam.
Confirm whether each relevant right is registered and enforceable in Vietnam.
Review whether customs recordal is appropriate for high-risk brands and product lines.
Prepare genuine-product images, security features, model numbers and packaging references.
Maintain current authorization letters for manufacturers, importers and distributors.
Ensure commercial invoices, packing lists, bills of lading and customs declarations contain consistent product and brand information.
Review the use of the ® symbol and other statements about IP protection on products and labels.
Conduct due diligence on suppliers, contract manufacturers, distributors and logistics partners.
Create an internal escalation process for customs detention or suspension notices.
Assign a local contact who can respond quickly to customs or coordinate with the rights holder.
Budget for evidence collection, storage costs and any security required for suspension requests.
Monitor implementing regulations and customs practice before the law takes effect.
What Should a Business Do If Customs Suspends a Shipment?
A suspended shipment should be treated as a time-sensitive legal and operational matter.
The importer, exporter or rights holder should first obtain the suspension decision and determine whether customs acted on its own initiative or following a rights-holder request. The business should then identify the goods, intellectual property right and suspected violation involved.
Relevant evidence may include:
Trademark or IP registration certificates;
Licensing and distribution agreements;
Authorization letters;
Commercial invoices and purchase orders;
Manufacturing records;
Product catalogues and genuine-product photographs;
Bills of lading and transport documents;
Evidence of the legitimate supply chain;
Product labels and supplementary labels;
Communications with the brand owner or authorized distributor.
Businesses should preserve all relevant evidence and avoid submitting incomplete explanations that may contradict customs declarations or other records. The response should address the specific reason for suspension and the particular shipment concerned.
How the Vietnam Customs Law Differs From Decree 169
Law No. 11/2026/QH16 and Decree No. 169/2026/ND-CP both concern customs compliance, but they address different risks.
Regulation | Primary focus | Main business question |
Law No. 11/2026/QH16 | Customs powers, IP border enforcement, transit goods, recordal and e-commerce oversight | Can customs inspect or suspend goods suspected of IP counterfeiting? |
Decree No. 169/2026/ND-CP | Administrative penalties for customs violations | What penalties or remedial measures may apply to a customs violation? |
Circular No. 06/2026/TT-BTC | Procedures for inspection, monitoring and suspension involving IP-related goods | What process applies when customs or a rights holder seeks suspension? |
For details about administrative penalties, see VINEX’s guide to Vietnam Customs Penalties Under Decree 169.
Businesses reviewing declarations, HS codes, customs values and general import-export controls can also read Vietnam Customs Compliance 2026.
For a broader review of trademarks, copyright, licensing and enforcement, see Vietnam IP Compliance 2026.
Common Vietnam Customs Law Compliance Mistakes
Assuming Overseas Trademark Registration Is Sufficient
Trademark rights are territorial. Registration in Singapore, Hong Kong, China, the United States or another jurisdiction does not automatically establish enforceable trademark protection in Vietnam.
Waiting Until a Counterfeit Shipment Is Detected
Customs enforcement is more effective when the rights holder has already prepared ownership documents, genuine-product references and local contact information.
Using Outdated Authorization Letters
Authorization documents should identify the relevant brand, products, parties and permitted activities. Generic or expired letters may not establish that a shipment is genuine.
Ignoring Transit Shipments
A shipment may now create IP enforcement exposure even if Vietnam is not its final destination. Businesses should review transit routes and records as part of regional supply-chain planning.
Treating Every IP Dispute as Counterfeiting
Counterfeit goods, parallel imports, unauthorized distribution, contractual disputes and patent infringement are not legally identical. The correct enforcement route depends on the nature of the suspected conduct.
Failing to Reconcile Platform and Customs Data
For cross-border e-commerce, differences among online listings, seller information, invoices and customs declarations may create additional risk indicators.
How VINEX Can Support Businesses
VINEX supports foreign-invested companies, importers, exporters and international businesses in reviewing their Vietnam legal and customs compliance arrangements.
Depending on the business and transaction, our support may include:
Reviewing the legal and operational impact of the amended Vietnam Customs Law;
Coordinating Vietnam IP registration and protection reviews;
Reviewing importer, distributor and licensing arrangements;
Checking corporate, commercial and supporting customs documents;
Reviewing product-label and trademark-status issues;
Supporting compliance reviews for import, export and cross-border operations;
Coordinating responses to customs enquiries with relevant legal, tax and customs professionals;
Monitoring regulatory developments affecting foreign-invested enterprises.
Early preparation can reduce the risk of clearance delays, inconsistent records and ineffective enforcement when suspicious goods are identified.
FAQs About the Vietnam Customs Law
When does the amended Vietnam Customs Law take effect?
Law No. 11/2026/QH16 takes effect on March 1, 2027.
Does the Vietnam Customs Law apply to transit goods?
Yes. The amended framework expressly brings qualifying transit goods within intellectual property-related customs inspection, supervision and suspension measures.
Can Vietnam Customs suspend a shipment without a request from the trademark owner?
Customs may initiate suspension when it has clear grounds to suspect that imported, exported or transit goods are IP counterfeits. The legal scope and required evidence depend on the goods and suspected violation.
What is customs recordal in Vietnam?
Customs recordal is a mechanism through which an IP rights holder provides customs authorities with ownership, product and supply-chain information to support the identification and monitoring of suspected infringing goods.
Does customs recordal replace trademark registration?
No. Recordal supports border enforcement but does not replace registration or legal protection of the underlying trademark or other IP right in Vietnam.
Are genuine branded goods automatically cleared?
No. An importer may still need to demonstrate that goods are genuine and legally supplied. Authorization letters, invoices, distribution agreements and consistent shipment records may be required.
Does the ® symbol automatically make imported goods counterfeit?
No. However, if the mark is not protected in Vietnam, the symbol may create a misleading indication about its legal status. The importer should review supplementary labeling and current customs guidance.
What should foreign brand owners do before March 2027?
They should verify Vietnam IP registrations, assess customs recordal, prepare genuine-product identification materials, update authorization documents and establish a rapid-response process for suspicious or suspended shipments.
Conclusion
The amended Vietnam Customs Law gives customs authorities stronger tools to prevent counterfeit and pirated goods from moving through Vietnam’s borders. The inclusion of transit goods, stronger suspension mechanisms, customs recordal and closer e-commerce supervision will affect both rights holders and legitimate trading businesses.
Foreign companies should use the period before March 1, 2027 to review their IP registrations, customs records, supply-chain documents, authorization arrangements and product labels. A well-prepared compliance file can support both faster clearance of genuine goods and more effective enforcement against infringing shipments.
For assistance reviewing how the Vietnam Customs Law may affect your imports, exports, transit operations or intellectual property strategy, contact VINEX at contact@vinex.com.vn or +84 98 1111 811.
Disclaimer: This article provides general information and does not constitute legal, tax or customs advice. The application of Vietnam customs and intellectual property rules depends on the goods, rights, transaction structure and facts of each case.
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