Circular No. 13/2015/TT-BTC

CIRCULAR

PROVIDING FOR CUSTOMS INSPECTION, SUPERVISION AND SUSPENSION OF CUSTOMS PROCEDURES FOR EXPORTED AND IMPORTED GOODS UPON REQUESTS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS; CONTROL OF COUNTERFEIT GOODS AND GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS

Pursuant to the Law on Customs No. 54/2014/QH13 of 23 June 2014;

Pursuant to the Law on Intellectual Property No. 50/2005/QH11 of 29 November 2005; the Law amending and supplementing a number of articles of the Law on Intellectual Property No. 36/2009/QH12 of 19 June 2009;

Pursuant to the Government's Decree No. 08/2015/NĐ-CP of 21 January 2015 detailing and providing measures for implementation of the Law on Customs regarding customs procedures, inspection, supervision and control;

Pursuant to the Government's Decree No. 105/2006/NĐ-CP of 22 September 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property;

Pursuant to the Government's Decree No. 119/2010/NĐ-CP of 30 December 2010 amending and supplementing a number of articles of the Government's Decree No. 105/2006/NĐ-CP of 22 September 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property;

Pursuant to the Government's Decree No. 185/2013/NĐ-CP of 15 November 2013 providing for penalties for administrative violations in commercial activities, the production and trading of counterfeit and banned goods, and the protection of consumer rights;

Pursuant to the Government's Decree No. 215/2013/NĐ-CP of 23 December 2013 defining the functions, tasks, powers and organisational structure of the Ministry of Finance;

At the request of the Director General of the General Department of Customs;

The Minister of Finance hereby promulgates the Circular providing for customs inspection, supervision and suspension of customs procedures for exported and imported goods upon requests for the protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights, as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for customs inspection, supervision and suspension of customs procedures for exported and imported goods upon requests for the protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights.

Article 2. Subjects of application

1. Customs authorities and customs officers;

2. Organisations and individuals exporting or importing goods, or their authorised persons;

3. Organisations and individuals that are intellectual property right holders, owners of genuine goods that have been counterfeited, or lawful representatives of such owners;

4. Other relevant organisations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Counterfeit goods include the goods defined in Clause 8, Article 3 of the Government's Decree No. 185/2013/NĐ-CP of 15 November 2013 providing for penalties for administrative violations in commercial activities, the production and trading of counterfeit and banned goods, and the protection of consumer rights.

2. Protection of intellectual property rights in the customs domain means the application by customs authorities of measures of inspection, supervision, control and suspension of customs procedures for exported and imported goods upon requests for the protection of intellectual property rights, under Article 216 of the Law on Intellectual Property, Articles 73, 74, 75 and 76 of the Law on Customs and relevant legal documents, in order to detect, combat and handle acts infringing intellectual property rights in the customs domain.

3. Suspension of customs procedures for goods suspected of infringing intellectual property rights means a measure taken at the request of the intellectual property right holder in order to collect information and evidence on a consignment so that the right holder may exercise the right to request the handling of the infringement and to request provisional urgent measures or preventive measures and measures ensuring the imposition of administrative penalties.

4. Customs inspection of counterfeit goods and goods infringing intellectual property rights means the inspection, by customs authorities, of customs dossiers and relevant documents and the physical inspection of goods and means of transport in order to detect goods suspected of being counterfeit or infringing intellectual property rights.

5. Customs supervision of counterfeit goods and goods infringing intellectual property rights means a professional measure applied by customs authorities to ensure the integrity of the goods and compliance with the law in the preservation, storage, loading, unloading, transport and use of exported and imported goods, for which protection of intellectual property rights is requested, that are under customs management.

6. Customs control of counterfeit goods and goods infringing intellectual property rights means patrol, investigation or other professional measures applied by customs authorities to prevent and combat smuggling and illegal transport of counterfeit goods and goods infringing intellectual property rights carried across the border or brought into or out of non-tariff zones.

7. Applications include: the Application for inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights and the Application for suspension of customs procedures (the application forms are issued together with this Circular).

8. The applicant is the intellectual property right holder (including the holder of the intellectual property right and the organisation or individual to which the right owner has transferred the intellectual property right) or a person lawfully authorised by the right holder.

9. Infringement of intellectual property rights means the acts specified in Articles 28, 35, 126, 127, 129 and 188 of the Law on Intellectual Property.

Article 4. Rights and obligations of relevant organisations and individuals

1. To have commercial information provided to the customs authority kept confidential by the customs authority, except where it must be provided to competent authorities as prescribed by law.

2. Intellectual property right holders, owners of goods whose intellectual property rights have been counterfeited, or their lawfully authorised representatives may participate, together with the customs authority, in the inspection, supervision, control, verification and evidence collection activities to determine goods infringing intellectual property rights and counterfeit goods, and in the handling of goods and exhibits of violations, except where necessary to protect commercial secrets or state secrets as prescribed by law.

3. To lodge complaints and lawsuits against decisions on the handling of counterfeit goods and goods infringing intellectual property rights and against the customs authority's application of measures to control exported and imported goods related to intellectual property, in accordance with the law on complaints and denunciations and the law on administrative procedures.

4. To promptly provide information and documents related to exported and imported goods suspected of infringing intellectual property rights or counterfeit goods when so requested by the customs authority or when such information becomes available.

5. Organisations and individuals infringing intellectual property rights shall destroy, and bear all costs related to the destruction of, exported and imported goods infringing intellectual property rights or counterfeit goods, in accordance with the law on handling of administrative violations.

Article 5. Powers and responsibilities of customs authorities

1. To apply measures of customs inspection, supervision and control and suspension of customs procedures, under the law on customs, the law on commerce and the law on intellectual property, to goods suspected of being counterfeit or infringing intellectual property rights.

2. To explain and guide relevant organisations and individuals in complying with the Law on Customs, the Law on Intellectual Property and the guidance in this Circular; to notify relevant organisations and individuals in writing of the results of the settlement and handling of cases.

3. To coordinate with state management agencies and forces with functions in combating counterfeit goods and protecting intellectual property rights in the combat against, and handling of, counterfeit goods and goods infringing intellectual property rights, in accordance with current law.

4. To request relevant individuals and organisations to submit and present relevant documents and papers to explain and clarify the customs authority's doubts about exported and imported goods infringing intellectual property rights and counterfeit goods.

5. To settle lawsuits and complaints of relevant organisations and individuals concerning the handling of counterfeit goods and goods infringing intellectual property rights and the customs authority's application of measures to control exported and imported goods related to intellectual property, in accordance with law.

6. To observe the reporting regime and to keep documents and dossiers related to the combat against counterfeit goods and the protection of intellectual property rights as prescribed.

Chapter II

RECEIPT AND HANDLING OF APPLICATIONS FOR INSPECTION AND SUPERVISION OF EXPORTED AND IMPORTED GOODS UPON REQUESTS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Article 6. Regulations on submission of dossiers requesting inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights

The intellectual property right holder or the authorised person shall submit to the General Department of Customs (the Department of Customs Supervision and Management) a dossier comprising:

1. The Application for inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights in Form No. 01-SHTT issued together with this Circular: 01 original;

2. The certificate of protection of industrial property rights or other documents proving that the industrial property right is protected in Vietnam, or the certificate of registration of a contract for the transfer of the right to use an industrial property object; the certificate of registration of copyright, related rights, plant variety rights or other documents proving copyright, related rights or plant variety rights: 01 copy signed and sealed for certification by the intellectual property right holder or the authorised person;

3. A detailed description of goods infringing intellectual property rights, photographs, and features distinguishing genuine goods from goods infringing intellectual property rights: 01 original;

4. A list of persons lawfully exporting or importing the goods subject to the supervision request; a list of persons likely to export or import goods infringing intellectual property rights: 01 original.

Article 7. Receipt, examination and handling of applications

1. After receiving a complete dossier as prescribed in Clause 1, Article 6 of this Circular, the customs authority shall examine the dossier as to the following contents:

a) The legal capacity of the applicant under law;

b) The conformity between the contents of the application and the enclosed documents; the validity period of the certificates of protection of intellectual property rights;

c) Whether the specimens or exhibits (or photographs) conform to the contents of the intellectual property right for which protection is requested or to the contents of the report on the infringement;

d) Whether the contents of the authorisation conform to the functions and operations of the customs authority and of the applicant (where the application is submitted by authorisation).

2. Cases in which receipt of an application is refused:

a) The application is sent to an authority without the competence to receive it;

b) The customs authority has grounds to affirm that the applicant does not have sufficient legal capacity to file the application under law;

c) The applicant does not provide sufficient documents as prescribed in Clause 2, Article 74 of the Law on Customs;

d) While processing the application, the customs authority receives a written notice from the state management agency for intellectual property on a dispute or complaint concerning the right holder, or the eligibility or scope of protection of the intellectual property right.

3. Where the application is accepted, it shall be handled as follows:

a) After accepting the request for customs inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights, the General Department of Customs (the Department of Customs Supervision and Management) shall update the database on intellectual property rights protection and notify the acceptance of the application to provincial and municipal Customs Departments and the Anti-Smuggling Investigation Department for inspection and supervision;

b) Provincial and municipal Customs Departments and the Anti-Smuggling Investigation Department shall receive the notice of the General Department of Customs (the Department of Customs Supervision and Management) and look up the data on the system in order to organise and implement it within their areas of management;

c) Customs Sub-Departments shall, on the basis of the information in the database and the notice of the General Department of Customs (the Department of Customs Supervision and Management), implement measures of customs inspection and supervision of exported and imported goods showing signs of infringing intellectual property rights under Article 14 of this Circular.

4. Within 20 days from the date of receiving a complete dossier as prescribed in Clause 1, Article 6 of this Circular, the General Department of Customs (the Department of Customs Supervision and Management) shall examine it and notify the applicant in writing of whether the application is accepted or not.

Article 8. Termination of the validity of applications

The General Department of Customs (the Department of Customs Supervision and Management) is responsible for notifying the termination of the validity of the application for inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights in the following cases:

1. The applicant submits a written request to terminate customs inspection and supervision of the goods for which protection is requested;

2. The validity period of the Application for inspection and supervision expires and the applicant does not submit a written request for extension;

3. The state management agency for intellectual property announces the cancellation of the certificate of protection of intellectual property rights granted to the applicant.

Chapter III

RECEIPT AND HANDLING OF REQUESTS FOR SUSPENSION OF CUSTOMS PROCEDURES AND PROCEDURES FOR SUSPENSION OF CUSTOMS PROCEDURES

Article 9. Regulations on submission of dossiers requesting suspension of customs procedures

The intellectual property right holder or the authorised person shall submit a dossier requesting suspension of customs procedures to the Customs Sub-Department where customs procedures are being carried out for the exported or imported consignment, comprising:

1. The Application for suspension of customs procedures in Form No. 02-SHTT issued together with this Circular: 01 original;

2. The certificate of protection of industrial property rights or other documents proving that the industrial property right is protected in Vietnam, or the certificate of registration of a contract for the transfer of the right to use an industrial property object; the certificate of registration of copyright, related rights, plant variety rights or other documents proving copyright, related rights or plant variety rights: 01 copy signed and sealed for certification by the intellectual property right holder or the authorised person;

3. A detailed description of goods infringing intellectual property rights, photographs, and features distinguishing genuine goods from goods infringing intellectual property rights: 01 original;

4. A list of persons lawfully exporting or importing the goods subject to the supervision request; a list of persons likely to export or import goods infringing intellectual property rights: 01 original.

5. The guarantee certificate of a credit institution: 01 original, or the security amount as prescribed in Clause 3, Article 74 of the Law on Customs.

Article 10. Suspension of customs procedures

1. No later than 02 working hours from the time of receiving a complete dossier as prescribed in Article 9 of this Circular, if the application is accepted, the Head of the Customs Sub-Department shall decide to suspend customs procedures in Form No. 03-SHTT issued together with this Circular. The suspension decision shall be sent directly or by registered mail and, at the same time, faxed immediately to the organisations and individuals concerned.

2. The period of suspension of customs procedures is 10 working days from the date the customs authority issues the decision to suspend customs procedures. Where an appraisal is requested or professional opinions are sought from state management agencies for intellectual property, the customs authority shall continue to suspend customs procedures until it receives the appraisal result or professional opinion.

After the applicant submits an application for extension together with the security amount or guarantee document as prescribed by law, the Customs Sub-Department that decided on the suspension shall extend the suspension period in Form No. 04-SHTT issued together with this Circular and notify the applicant, the goods owner and the parties concerned. The extension period shall not exceed 10 working days from the date of the extension decision.

3. During the suspension period or the period of application of preventive measures as prescribed, the Customs Sub-Department that decided on the suspension shall carry out the following:

a) Request the goods owner and the intellectual property right holder to provide documents related to the goods (catalogues, expert appraisal conclusions, foreign documents, results of handling similar cases, etc.).

b) Request an appraisal at a customs professional organisation or other appraisal organisations under Clause 1, Article 40 of the Government's Decree No. 105/2006/NĐ-CP of 22 September 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property, or consult the professional opinions of state management agencies for intellectual property in order to determine the signs of infringement of intellectual property.

c) Request organisations and individuals to take samples for appraisal under Clause 2, Article 40 of the Government's Decree No. 105/2006/NĐ-CP of 22 September 2006. The procedures, techniques, storage place and storage period for goods samples comply with the guidance in the Ministry of Finance's Circular providing for customs procedures; customs inspection and supervision; export duty, import duty and tax administration for exported and imported goods.

d) Conduct supplementary or repeat appraisal under Clause 13, Article 1 of the Government's Decree No. 119/2010/NĐ-CP of 30 December 2010 amending and supplementing a number of articles of the Government's Decree No. 105/2006/NĐ-CP of 22 September 2006.

dd) Coordinate and consult with local state management agencies for intellectual property when a dispute or complaint arises over the right holder, the eligibility or scope of protection of the intellectual property right, or the authority to handle the violation.

e) Report to the provincial or municipal Customs Department and the General Department of Customs for direction in timely settling cases where the suspended consignment is of high value; goods suspected of infringing the intellectual property rights of well-known trademarks; cases involving many localities, state agencies or international organisations; and cases in which a dispute or complaint arises concerning the intellectual property right holder, the eligibility or scope of protection of the intellectual property right, or the authority to handle the violation.

4. At the end of the period of suspension of customs procedures or of application of preventive measures as prescribed, the Customs Sub-Department that decided on the suspension shall carry out one or more of the following:

a) Decide to accept the case under administrative procedures once it has been affirmed that the suspended goods infringe intellectual property rights, on the basis of the intellectual property appraisal conclusion of the intellectual property appraisal organisation (where an appraisal was requested); the professional opinions of state management agencies for intellectual property and other state management agencies (where professional opinions were sought); and the documents and evidence provided by the intellectual property right holder.

Decide to temporarily detain goods where there are grounds to affirm that the suspended goods are goods counterfeiting intellectual property, or that the goods infringing intellectual property rights are foodstuffs, pharmaceuticals, cosmetics, animal feed, fertilisers, veterinary drugs, plant protection drugs or construction materials.

Handle administrative violations for acts infringing intellectual property rights and goods infringing intellectual property rights under law. Within 10 working days from the date the penalty decision takes effect, the Customs Sub-Department shall notify in writing the violator that he or she must pay the costs arising from the administrative violation and shall return to the person who requested the suspension of customs procedures the security amount paid.

b) Where inspection determines that the suspended goods do not infringe intellectual property rights, continue customs procedures for the consignment under Article 11 of this Circular.

c) Act on the opinion of the court where the applicant files a civil lawsuit.

d) Hand the case over to other intellectual property enforcement agencies for handling where the violation is determined to fall outside the competence of the customs authority.

dd) Suspend the handling after receiving a written notice from the state management agency for intellectual property on a dispute or complaint concerning the right holder, or the eligibility or scope of protection of the intellectual property right.

e) Transfer the case to the competent authority for investigation and prosecution under law where the violation is determined to show signs of a crime under the Penal Code.

5. Cases in which receipt of an application is refused:

The Head of the Customs Sub-Department shall notify the applicant in writing of the non-acceptance of the application in the following cases:

a) The Customs Sub-Department does not carry out customs procedures for the exported or imported consignment for which suspension of customs procedures is requested;

b) The customs authority has grounds to affirm that the applicant does not have sufficient legal capacity to file the application under law;

c) The applicant does not provide sufficient documents as prescribed in Article 9 of this Circular;

Article 11. Resumption of customs procedures

1. The Customs Sub-Department that decided on the suspension is responsible for deciding to resume customs procedures for the consignment under Clause 4, Article 76 of the Law on Customs and notifying the parties concerned (in Form No. 05-SHTT issued together with this Circular).

2. Within 10 working days from the date of completing customs procedures for the suspended consignment, the Customs Sub-Department is responsible for:

a) Notifying the intellectual property right holder or the lawfully authorised person to pay the goods owner the incurred costs prescribed in Clause 5, Article 76 of the Law on Customs.

b) Returning to the person who requested the suspension of customs procedures the security amount prescribed in Clause 6, Article 76 of the Law on Customs.

Chapter IV

CUSTOMS INSPECTION AND SUPERVISION OF EXPORTED AND IMPORTED GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS AND COUNTERFEIT GOODS

Article 12. Customs inspection

When physically inspecting exported and imported goods, in addition to complying with the Ministry of Finance's Circular providing for customs procedures; customs inspection and supervision; export duty, import duty and tax administration for exported and imported goods, customs officers shall:

1. Check and cross-check the customs declaration information on the customs declaration regarding the goods name, trademark, origin, value, packaging specifications, goods quality and transport route against the information in the data system on applications for inspection and supervision of exported and imported goods related to intellectual property, the intellectual property risk management list, and information collected by the customs authority, in order to determine signs of goods infringing intellectual property rights and counterfeit goods.

2. Where the goods are subject to specialised inspection, rely on the conclusion of the specialised inspection agency to determine signs of counterfeit goods;

3. Compare the inspection results with the provisions of law on goods infringing intellectual property rights and counterfeit goods.

Article 13. Handling of counterfeit goods or goods showing signs of being counterfeit

1. Where exported or imported goods are found to be counterfeit, preventive measures and penalties shall be applied under the law on handling of administrative violations.

2. Where exported or imported goods are found to show signs of being counterfeit, the Head of the Customs Sub-Department shall request the customs declarant to provide documents related to the goods:

a) The goods sale and purchase contract or an equivalent document: 01 copy;

b) Technical documents or an analysis of composition (if any): 01 copy.

3. Where the owner of the genuine goods that have been counterfeited is identified, that owner shall provide documents related to the goods (such as catalogues, expert appraisal conclusions, foreign documents, and results of handling similar cases). Where the owner of the genuine goods cannot be identified, the determination shall be based on the customs dossier, the actual goods, the results of risk information analysis on the goods and the provisions of law on counterfeit goods; the customs authority shall coordinate with the customs control force to investigate and verify (if necessary) or transfer the information and case dossier to the customs control force for investigation, verification and handling under Clause 4 of this Article.

4. Verification of counterfeit goods:

a) While the goods are being temporarily detained or subject to preventive measures as prescribed, the Customs Sub-Department shall carry out the following:

a.1) Request the goods owner and the owner of the genuine goods that have been counterfeited (once the owner has been identified) to provide documents related to the goods (such as catalogues, expert appraisal conclusions, foreign documents, and results of handling similar cases).

a.2) Coordinate with the goods owner and the owner of the genuine goods that have been counterfeited to take samples for appraisal at a technical organisation designated to conduct inspection for state management purposes, or at an appraisal trader (where the designated technical organisation has refused in writing), and base its action on the appraisal conclusion. If the customs declarant disagrees with the conclusion, he or she may lodge a complaint as prescribed by law.

The procedures and techniques for sampling comply with the guidance in the Ministry of Finance's Circular providing for customs procedures; customs inspection and supervision; export duty, import duty and tax administration for exported and imported goods.

a.3) Coordinate with anti-smuggling control forces in verification and investigation work under their professional regulations.

a.4) Report to the provincial, inter-provincial or centrally-run city Customs Department (hereinafter referred to as the provincial or municipal Customs Department) and the General Department of Customs for timely direction in settling complex cases, goods of high value, and cases involving many localities, state agencies or international organisations.

b) At the end of the detention period or during the period of application of preventive measures as prescribed, if there are sufficient grounds to conclude that the goods are suspected to be counterfeit, the customs authority shall handle the violation under law.

c) Where it is concluded that the goods are not counterfeit, the customs authority shall continue the procedures for clearance of the goods as prescribed. The settlement of complaints or requests for damages caused by the customs authority's detention of the goods shall comply with current regulations on settlement of complaints and compensation for damage.

Article 14. Handling of goods showing signs of infringing intellectual property rights

1. The Customs Sub-Department shall notify the applicant requesting inspection and supervision of goods showing signs of infringing intellectual property rights in Form No. 06-SHTT issued together with this Circular, enclosing images of the goods suspected of infringing intellectual property rights (if any).

2. Within 05 working days from the date of notification, the Customs Sub-Department is responsible for the following:

a) Where it receives an application for suspension of customs procedures, or where inspection and supervision of intellectual property has not been registered with the customs authority but the intellectual property right holder requests suspension of customs procedures in writing, and the right holder performs the obligations prescribed in Clause 3, Article 74 of the Law on Customs:

a.1) Decide to suspend customs procedures for the consignment suspected of infringing intellectual property rights.

a.2) Where there are sufficient grounds to affirm that the notified goods infringe intellectual property rights, the Head of the Customs Sub-Department shall consider deciding to apply immediately the administrative measures for handling under Articles 214 and 215 of the Law on Intellectual Property and, at the same time, coordinate with control forces at all levels to verify and collect information on the goods as prescribed.

b) Where the intellectual property right holder has no application or written request for suspension of customs procedures but performs the obligations prescribed in Clause 3, Article 74 of the Law on Customs, or has an application for suspension of customs procedures but does not perform the obligations prescribed in Clause 3, Article 74 of the Law on Customs, customs procedures for the consignment shall not be suspended, except for goods counterfeiting intellectual property.

3. Where there is no information requesting the protection of intellectual property rights but, in the course of examining the customs dossier and physically inspecting the goods, the customs authority finds that imported goods show signs of infringing intellectual property rights, it shall physically inspect the goods, take samples or photographs of the goods and, at the same time, coordinate with the unit specialising in intellectual property control at the General Department of Customs or the provincial or municipal Customs Department to decide on clearance or temporary detention of the goods if signs of violation are determined.

Chapter V

CUSTOMS CONTROL OF COUNTERFEIT GOODS AND GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS

Article 15. Responsibilities and powers of customs control forces

1. The scope of responsibility of customs control forces in combating counterfeit goods and goods infringing intellectual property rights is prescribed in Article 88 of the Law on Customs and the Government's Decree No. 01/2015/NĐ-CP of 02 January 2015 detailing the scope of customs operation areas and the responsibility for coordination in preventing and combating smuggling and illegal transport of goods across the border.

2. When performing customs control tasks for counterfeit goods and goods infringing intellectual property rights, customs control forces have the competence to apply professional customs control measures under the Government's Decree No. 08/2015/NĐ-CP of 21 January 2015 in order to detect, investigate, seize and handle goods infringing intellectual property rights and counterfeit goods under law.

3. When performing their tasks, customs control forces have the right to request relevant agencies, organisations, individuals and customs units at all levels to provide dossiers and documents, to coordinate, and to create conditions for the performance of their assigned functions and tasks.

Article 16. Implementation of control work

1. Customs control forces shall proactively collect information in accordance with law in order to grasp the situation and detect the subjects, methods and tricks of violations related to counterfeit goods and goods infringing intellectual property rights.

2. When receiving or detecting information on counterfeit goods or goods infringing intellectual property rights, they shall inspect directly or coordinate with the Customs Sub-Department where customs procedures are carried out to inspect. They shall compare the relevant provisions of law with the detected goods in order to issue a decision to temporarily detain the goods.

3. They shall collect and verify evidence, and check, cross-check and assess the information provided on counterfeit goods and goods infringing intellectual property rights against the actual goods being temporarily detained or suspended in order to determine violating goods.

4. Where there are grounds to determine that the goods violate, they shall apply, or coordinate with the Customs Sub-Department where customs procedures are carried out to apply, preventive measures under the law on handling of administrative violations. Where there are no grounds to determine that the goods violate, they shall transfer the dossier to the Customs Sub-Department where customs procedures are carried out to continue the clearance procedures for the consignment under this Circular.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 17. Implementation responsibility

1. The General Department of Customs shall guide and direct its affiliated units in concretely implementing the provisions of this Circular.

2. Customs authorities, customs declarants, applicants for inspection and supervision of exported and imported goods upon requests for the protection of intellectual property rights, persons reporting violations and relevant organisations and individuals shall implement current regulations and the guidance in this Circular.

Article 18. Effect

This Circular takes effect on 15 March 2015 and replaces the Minister of Finance's Circular No. 44/2011/TT-BTC of 11 April 2011 guiding the combat against counterfeit goods and the protection of intellectual property rights in the customs domain, and previous guiding documents contrary to this Circular./.