Effective March 1, 2026, the Ministry of Finance of Vietnam officially implemented Circular No. 06/2026/TT-BTC, amending Circular 13/2015/TT-BTC to significantly upgrade border enforcement for intellectual property rights. Moving away from paper-heavy processes, Circular 06 introduces a streamlined, digital-first system and expands proactive border enforcement mechanisms.
Key Regulatory & Procedural Updates
Circular 06 introduces essential procedural enhancements designed to strengthen border protection and reduce administrative friction:
- Digital-First Recordation Platform: Recordal applications are now submitted directly through the Electronic Customs Data Processing System. Where protection certificates are verified via public official databases (such as WIPO), physical documentation is no longer required.
- Proactive (Ex Officio) Suspension Authority: Customs officials no longer need to wait for a formal rightsholder petition. On-duty team leaders are now empowered to proactively suspend clearance for up to 8 working hours when clear signs of trademark, copyright, or GI infringement are identified during routine checks.
- Removal of Legalization Requirements: Foreign applicants benefit from streamlined administrative formalities; Powers of Attorney (POAs) no longer require consular legalization or notarization.
- E-Commerce & Express Delivery Oversight: Circular 06 explicitly extends customs IP inspection standards to cross-border e-commerce platforms and express shipment channels.
- Predictable Examination Timelines: Customs authorities must examine and process complete e-recordation applications within 20 working days.
Actionable Compliance Steps for IP Owners
To maximize protection under Vietnam’s updated border enforcement regime, brand owners should take immediate action:
- Digitalize National Recordals: Register core trademark and copyright portfolios through Vietnam’s e-Customs portal to populate regional risk management databases.
- Provide Official Database Links: Provide direct references to official online registers (e.g., WIPO Global Brand Database) during submission to enable real-time verification by border agents.
- Establish Rapid Response Protocols: Because proactive suspensions trigger a strict 8-working-hour notification window, ensure local legal representatives are equipped to confirm infringements instantly.
- Target E-Commerce Risk Profiles: Coordinate with customs agents to build risk profiles targeting small-parcel and express delivery routes frequently used by counterfeiters.