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Vietnamese Law on Customs

Chapter XVIII

DEALING WITH INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS

THROUGH ADMINISTRATIVE AND CRIMINAL REMEDIES; CONTROL OF

INTELLECTUAL-PROPERTY-RELATED IMPORTS AND EXPORTS

Section 1.

Dealing with infringements of intellectual property rights through administrative

and criminal remedies

Section 2. Control of IP-related imports and exports

Article 216.Border control measures of IP-related imports and exports

1. Border control measures of IP-related imports and exports comprise the

followings:

a) Suspension of customs procedures for suspected intellectual property

right infringing goods.

b) Supervision to detect goods containing signs of infringement of

intellectual property rights.

2. Suspension of customs procedures for suspected intellectual property right

infringing goods is a measure taken at the request of the intellectual property

right holder for the purpose of collecting information and evidence about the

lots of goods which serves as the basis for the intellectual property right holder

to exercise the right to request for the handling of the infringement and to

request for the application of provisional measures or preventive measures, and to

ensure that an administrative penalty is to be imposed.

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3. Examination and supervision to detect goods containing signs of infringe-

ment of intellectual property rights is a measure taken at the request of the

intellectual property right holder for the purpose of collecting information in

order to exercise the right to request for the suspension of customs procedures.

4. During the course of application of measures referred to in paragraphs 2 or 3

of this Article, if any goods detected to be intellectual property counterfeit goods

in accordance with Article 213 of this Law, the customs offices shall have the

right and duty to impose administrative remedies referred to in Article 214 and

Article 215 of this Law.

Article 217.Obligations of person who requests for the application of

border control measures of IP-related imports and exports

1. A person who requests for the application of border control measure in

respect of IP-related imports and exports shall have the following obligations:

a. Proving that he or she is the intellectual property right holder by

producing the materials and evidence referred to in paragraph 2 Article 203 of

this Law.

b. Providing information sufficient to identify the suspected intellectual

property right infringing goods or to discover infringing goods.

c. Lodging an application with the customs office and pay fees and

charges prescribed by the laws and regulations.

d. Payment of damages and other incurred expenses to the persons

being subject to such measure in case the goods subject to that control

measure are found not to infringe upon IPRS.

2. To secure the performance of the obligations set out in clause 1(d) of this

Article, a person requesting for the application of measure of suspension of

customs procedures must deposit a sum of security in one of the following

methods:

a) Depositing an amount of money equal to 20% of the value of the lots of

goods that is subject to the suspension of customs procedures; or at least VND

20 million if it is impossible to evaluate such lots of goods;

b) Submitting a guarantee document issued by a bank or other credit

organisations.

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Article 218.Procedures for the application of suspension of customs

procedures

1. When a person who requests for the suspension of customs procedures has

properly performed his or her obligations provided for in Article 217 of this Law,

the customs office shall issue the decision on suspension of customs procedures

with regard to relevant lots of goods.

2. The term of suspension of customs procedures shall be 10 working days from

the date of issuing the decision on the suspension of customs procedures. This

term may be prolonged up to 20 working days if the person who requests for the

suspension of customs procedures has due reasons and having deposited an

additional amount of money referred to in paragraph 2 of Article 217 of this Law.

3. At the expiration of the term provided for in paragraph 2 of this Article if the

person who requests for the suspension of customs procedures fails to initiate a

civil lawsuit and the customs office does not accept the case to handle the importer

of the lots of goods under administrative procedures, the customs office shall:

a) Continue the completion of customs procedures for such lots of goods;

b) Compel the person who requests for the suspension of customs proce-

dures to compensate all the damages incurred by the owner of the lots of goods

due to unreasonable request for the suspension of customs procedures, and

to pay expenses for storage and preservation of goods as well as other costs

incurred by the customs office and other related organizations and individuals

in accordance with the laws and regulations on customs;

c) Reimburse the person who requests for the suspension of customs

procedures the rest of the deposited guarantee amount after having performed

obligations and paid all the costs referred to in sub-paragraph b) of this

paragraph.

Article 219.Examination and supervision to detect goods containing signs

of IPR infringement

When an IPR holder requests for examination and supervision to detect a lot of

goods containing signs of IP infringement and when such lot of goods is detect-

ed, the customs office shall immediately notify the person who requests for such

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Chapter V

CONTROL OVER IP RELATED IMPORTS AND EXPORTS

Article 34. Requests for controlling over intellectual property right related

imports and exports

Intellectual property rights holders may either directly or through their authorised

persons lodge a request for control or supervision for the purpose of detecting

goods containing signs of intellectual property right infringement or an applica-

tion for temporary suspension of the customsprocedures with respect to imports

and exports suspected of intellectual property right infringement.

Article 35. Competent agencies for receipt of applications

1. The Customs sub-Departments shall have the power to receive requests

for checking or supervision or temporary suspension of completion of customs

procedures at the border gates falling under the scope of their management.

2. Provincial and municipal Customs Departments shall have the power to

receive requests checking or supervision or temporary suspension of comple-

tion of customs procedures at the border gates falling under the scope of their

management.

3. The General Department of Customs shall have the power to receive requests

for checking or supervision or temporary suspension of completion of customs

procedures at the border gates falling under the scope of management of two

and more Customs Departments of provinces and cities under central authority.

examination and supervision. Within three working days from the date of such

notification, if the person that made the request fails to make a request for

suspension of customs procedures with regard to the detected lot of goods and

the customs office does not decide to handle the importer of the lots of goods

with administrative remedies in accordance with Articles 214 and 215 of this

Law, the customs office shall continue the completion of customs procedures for

such lots of goods.

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4. The IP rights holders can also lodge their applications to each of the Custom

sub-Departments or Customs Departments in cases specified in Clauses 2 and 3

of this Article.

Article 36. Procedures for processing applications

1. Within 30 days since the date of receipt of the request for control of imports

or within 24 working hours since the receipt of the request for temporary suspen-

sion of completion of customs procedures, the customs authority shall be liable to

consider and issue a notice on accept of the request, if the applicant has satisfied

the requirements under Articles 217.1(a), (b), (c) and Article 217.2 of the Intellec-

tual Property Law. In case of refusal, the customs authority must reply in writing to

the applicant and specify the reasons thereof.

2. Where a request is accepted by the General Department of Customs, then

the General Department of Customs shall forward and instruct relevant Customs

Departments for settlement.

Where a request is received by the Customs Departments, after acceptance

the Customs Departments shall forward and instruct the relevant Customs

sub-Departments for settlement.

The relevant Customs sub-Department shall be liable to inspect and detect

the goods being suspected infringing goods or suspend customs procedures on

the basis of the request and instructions of the General Department of Customs,

or relevant Customs Departments.

Article 37. Dealing with suspected infringing goods

1. Where the goods being suspected infringing goods are detected, at the

request of the intellectual property right holder or under the power to impose

administrative sanctions, the customs authority shall issue a decision to temporarily

suspend the completion of customs procedures, and give a notice on the

temporary suspension of the goods shipment to the intellectual property right hold-

er and the goods owner, in which the names, addresses, facsimile numbers and

telephone number of the concerned parties and the reasons and the duration of

the temporary suspension shall be specified.

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2. The customs authority shall allow to continue the customs declaration

procedures for the suspended shipment of goods as mentioned in Article 218.3 of

the Intellectual Property Law in the following cases:

a) The decision on temporary suspension of the customs procedures is

cancelled or revoked by a decision on the settlement of complaints and denuncia-

tions;

b) The requester withdraws the request for temporary suspension of comple-

tion of customs procedures.

Article 38. Procedures for controlling intellectual property right-related

imports and exports

The procedures for controlling intellectual property right-related imports and

exports shall comply with the provisions of this Decree and the laws and regula-

tions on customs.

In order to assist in guaranteeing the implementation of State policies on

economic, cultural, social, scientific and technological development; to conduct

international exchange and co-operation, and to protect national sovereignty and

security, the interests of the State, and the lawful rights and interest of organisa-

tions and individuals; Pursuant to the 1992 Constitution of the Socialist Republic

of Vietnam; This Law makes provisions on customs.

CHAPTER I

General Provisions

Article 1 Policy on customs

The State of the Socialist Republic of Vietnam shall create favourable conditions

in terms of customs for export and import activities, exit, entry and transit in the

territory of Vietnam.

Article 2 Governing scope

This Law makes provisions on State administration of customs with respect

to goods being exported, imported or in transit and means of transportation of

domestic or foreign organisations and individuals entering, exiting or in transit in

Vietnam; and provisions on the organisation and operation of customs.

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Article 3 Applicability

This Law shall be applicable to:

1. Organisations and individuals engaged in import, export or transit of goods,

or entry, exit or transit of means of transportation in Vietnam;

2. Customs offices and State employees of Customs; EC-ASEAN Intellectual

Property Rights Co-operation Programme (ECAP II)

3. Other State bodies engaged in co-ordination for State administration of

customs.

Article 4 Interpretation of terms

In this Law, the following terms shall have the meanings ascribed to them

hereunder:

1. Goods include goods imported or exported, or in transit; luggage, foreign

currency and Vietnamese currency of persons exiting or entering Vietnam items

on means of transportation exiting, entering or in transit in Vietnam; precious

metals or stones, antiques, cultural products, postal parcels and other assets

exported, imported or in transit or stored within an area of customs operation.

2. Goods imported, exported, or in transit include all chattels with a code and

name as stipulated by law which are exported, imported, in transit or stored within

an area of customs operation.

3. Luggage of a person exiting or entering Vietnam means items necessary

for personal living or for the purposes of travel of persons exiting or entering Viet-

nam, including hand-luggage and registered luggage sent prior to or after travel.

4. Means of transportation include means of land transportation, railway trans-

portation, air transportation, river transportation or sea transportation exiting,

entering or in transit in Vietnam.

5. Items on means of transportation include assets used on the means of trans-

portation; materials and fuel serving the operation of the means of transportation;

food and other items directly serving living needs of the crew and passengers

who are carried by the means of transportation.

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1 The literal translation is “person making a customs declaration”. EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAPII)

6. Customs procedures mean the procedures which a declarant and State

employees of Customs must perform in accordance with this Law with respect to

goods or means of transportation.

7. Declarants

include owners of goods or means of transportation and persons

authorised by the owner of goods or means of transportation.

8. Customs inspection means the inspection of customs files and relevant

documents and inspection of actual goods or means of transportation carried out

by a customs office.

9. Customs control means the professional measures taken by a customs office

aimed at ensuring the original state of goods or means of transportation subject to

customs management.

10. Customs checking means the measure of making a patrol or investigation or

other professional measures taken by the customs office aimed at preventing

or combating smuggling or illegal transportation of goods across the borders and

other acts in breach of the laws on customs.

11. Customs clearance means that a customs office makes a decision to permit

goods to be imported or exported, or means of transportation to exit or enter

Vietnam.

12. Bonded warehouse means a warehouse of an owner of goods which is used to

store imported goods which have been cleared by customs but for which duty has

not yet been paid.

13. Customs bond warehouse means a warehouse used to store the following

goods:

(a) Goods awaiting export in respect of which customs procedures have

been completed;

(b) Goods brought from a foreign country and awaiting export to another

foreign country or import into Vietnam in accordance with the provisions of the law.

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14. Transit means the process of transferring goods or means of transportation

from a foreign country to another country by way of the territory of Vietnam through

bordergates, or returning them to that other country.

15. Moveable assets means belongings and items serving living and working

needs of individuals and their families which are permitted to accompany them or

of organisations upon expiry of residence or termination of operations in Vietnam

or abroad.

16. Transhipping means the transfer of goods from a means of transportation

entering Vietnam to another exiting from Vietnam for export, or unloading them

from a means of transportation entering Vietnam to a warehouse or warehouse

yard located within the area of a bordergate then loading them onto another means

of transportation for export.

17. Transfer from one bordergate to another means the transfer of goods or means

of transportation subject to customs supervision and control from one EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II) bordergate to

another; from a bordergate to a place for customs procedures outside the border-

gate or vice versa; from one place for customs procedures outside the bordergate

to another.

Article 5 Application of international treaties and international practices

relating to customs

1. Where an international treaty to which the Socialist Republic of Vietnam is a

signatory or participant contains provisions which are inconsistent with this Law,

the international treaty shall prevail.

2. In certain cases where this Law, any other Vietnamese legal instrument and

any international treaty to which the Socialist Republic of Vietnam is a signatory or

participant does not yet contain relevant provisions, then international practices

relating to customs may be applicable provided that such application of interna-

tional customary practices is not contrary to the basic principles of the laws of

Vietnam.

360

Page 10

Article 6 Areas of customs operation

Areas of customs operation shall include gates of entry by road, international

stations, international seaports, international river ports, international civil airports,

places for customs procedures outside bordergates, export processing zones, cus-

toms bond warehouses, bonded warehouses, preferential customs zones, inter-

national post offices, places of inspection of exports or imports located within the

territory and the territorial sea aimed at exercising the sovereignty of Vietnam, head

offices of enterprises upon conducting inspections after customs clearance, and

other areas of customs operation in accordance with the provisions of the law. A

customs office shall be responsible for carrying out customs inspection, control and

checking of goods and means of transportation within its area of customs operation.

The Government shall make specific regulations on areas of customs operation.

Article 7 Building up customs forces

Vietnam Customs shall be built up as a force which is irreproachable, strong, profes-

sionally qualified and equipped and shall master modern technology and conduct

activities efficiently and effectively.

Article 8 Modernization of the custom management

1. The State shall give priority to developing technology and advanced technical

facilities in order to ensure the application of modern methods of customs EC-

ASEAN Intellectual Property Rights Co-operation Programme (ECAP II) man-

agement; shall encourage organisations and individuals engaged in import or

export activities to participate in the establishment, connection and utilisation of the

system of computerised information of customs.

2. The Government shall make specific regulations on a system of technical

standards for exchange of electronic data or validity of electronic documents,

and responsibilities and powers of relevant State bodies, organisations or

individuals engaged in import or export activities, entry or exit with respect to

the establishment, development and utilization of the system of computerised

information of customs.

Article 9 Co-ordination in implementation of laws on customs

1. Customs offices shall be responsible for coordinating closely with State

bodies, relevant organisations and units of the people's armed forces.

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2. State bodies, relevant organisations and units of the people's armed

forces shall, depending on their respective duties and powers, be responsible for

coordinating and facilitating customs offices in performing their duties.

Article 10 Supervision of implementation of laws on customs

1. People's councils at all levels shall, depending on their respective responsibili-

ties, duties and powers, monitor the implementation of the laws on customs.

2. The Vietnam Fatherland Front and its member organisations shall encourage

the people to implement strictly the laws on customs; and monitor the implemen-

tation of the laws on customs in accordance with the provisions of the law.

3. Customs offices and State employees of Customs must comply with the provi-

sions of the law, rely on the people, and be subject to supervision by the people

while performing their duties and powers.

CHAPTER II

Duties and Organisation of Customs

Article 11 Duties of Customs

Vietnam Customs shall have the duties to inspect and control goods and means

of transportation; to prevent and combat smuggling and illegal transportation of

goods across the borders; to organise implementation of the laws on tax with

EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)

respect to imported or exported goods; to make proposals for policies and

measures for State management of export, import, exit, entry and transit and for

policies on tax with respect to imported or exported goods.

Article 12 Organising and operating principles of Customs

1. Vietnam Customs shall be organised and shall operate on the basis of the

centralised and unified principle.

2. The General Director of the General Department of Customs shall

assume unified management and administration of operations of Customs at all

levels; Customs at lower levels shall be subject to management and direction by

Customs at higher levels.

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Article 13 Organisational system of Customs

1. The organisational system of Vietnam Customs shall include:

(a) The General Department of Customs, being a Government body;

(b) Provincial Customs Departments or inter-provincial Customs Departments

of two or more provinces, Customs Departments of cities under central authority;

equivalent levels.

2. The Government shall make specific regulations on duties, organisation and

operation of Customs at all levels; service levels of authority, titles, criteria, wages,

seniority allowances and other benefits applicable to State employees of Customs;

customs badges, flags, stripes showing customs ranks, uniforms and customs

identification cards.

Article 14 State employees of Customs

1. State employees of Customs are persons who are recruited, trained and

employed in accordance with the provisions of the laws on State employees and

officials.

2. State employees of Customs shall have political understanding and perform their

duties in accordance with the provisions of the law, shall be faithful, incorruptible,

disciplined and polite, and shall strictly abide by any decision on transfer or assign-

ment of duties. EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAP II)

CHAPTER III

Customs Procedures, Customs Inspection and Control

SECTION 1

General Provisions

Article 15 Principles of performance of customs procedures, customs inspection

and control

1. Goods being imported or exported or in transit and means of transportation exit-

ing, entering or in transit in Vietnam shall complete customs procedures, and shall

be subject to customs inspection and control, and shall be transported by the correct

route through the correct bordergate in accordance with the provisions of the law.

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2. Goods or means of transportation shall be cleared by customs upon complet-

ing customs procedures.

3. Customs formalities shall be completed in public, efficiently and conveniently

in accordance with the provisions of the law.

4. Arrangement of manpower and working hours must satisfy the requirements

of import or export activities, entry, exit or transit.

Article 16 Customs procedures

1. When performing customs procedures, a declarant must:

(a) Make a declaration and submit a customs declaration; submit or pres-

ent documents included in the customs file;

(b) Take goods or means of transportation to the stipulated place for

inspection of actual goods or means of transportation;

provisions of the law.

2. When performing customs procedures, a State employee of Customs must:

(a) Receive and register the customs file;

(b) Verify the customs file and inspect the actual goods or means of trans-

portation; EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAP II)

the law;

(d) Decide to clear goods or means of transportation through customs.

Article 17 Place for customs procedures

The place for customs procedures shall be the office of the customs office at the

bordergate or the office of the customs office outside the bordergate. Where

necessary, the inspection of actual goods being imported or exported may

be carried out at another place as provided by the General Department of

Customs.

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Article 18 Time-limits for declaration and submission of customs declarations

A declarant must make a declaration and submit the customs declaration for

goods or means of transportation within the following time-limits:

1. In the case of imported goods, within thirty (30) days from the date on which goods

arrive at the bordergate.

2. In the case of exported goods, no later than eight hours prior to the departure

of the means of transportation from Vietnam.

3. In the case of accompanied luggage of persons who exit or enter Vietnam, upon

arrival of goods or means of transportation at the entry bordergate, and prior to the

time when the carrier terminates procedures for embarkation of passengers on the

means of transportation. Registered luggage of persons who enter Vietnam sent

prior to or after travel shall be in accordance with the provisions of clause 1 of this

article.

4. In the case of goods or means of transportation in transit, after the arrival of

goods or means of transportation at the first entry bordergate, and prior to the time

when goods or means of transportation cross the exit bordergate.

5. In the case of means of sea transportation exiting or entering Vietnam, no later

than two hours after the port authority provides notice that the means of transporta-

tion has arrived at the position for boarding or returning a pilot, and one hour prior

to exit of the means of transportation from Vietnam.

6. In the case of means of air transportation exiting or entering Vietnam, upon

arrival of the means of transportation, and prior to the time when the carrier termi-

nates procedures for embarkation of exported goods or passengers leaving Viet-

nam. EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)

7. In the case of means of railway transportation, land transportation or river trans-

portation exiting or entering Vietnam, upon arrival of the means of transportation at

the first entry bordergate, and prior to the time when the means of transportation

crosses the last bordergate for exit from Vietnam.

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Article 19 Time-limits for performance of customs procedures by State

employees of Customs

1. State employees of Customs shall receive, register and verify a customs file

after the declarant submits or presents the customs file in accordance with

the provisions of the law; in the case of refusal to register the customs file, the

reasons therefore should be notified to the declarant.

2. After the declarant has performed all of the requirements of the performance

of customs procedures stipulated in article 16.1(a) and (b) of this Law, the State

employee of Customs shall complete the inspection of actual goods or means of

transportation within the following time-limits:

(a) No later than eight working hours, with respect to consignments of

imported or exported goods to which the form of random inspection of part of the

actual goods is applicable;

(b) No later than two working days, with respect to consignments of

imported or exported goods to which the form of inspection of the whole of the

actual goods is applicable; Where the form of inspection of the whole of the actual

goods is applied to consignments of imported goods or exported goods with a

great quantity and the inspection is complex, the time-limit for inspection may be

extended, but by no more than eight working hours;

must ensure that imported or exported goods are unloaded or loaded or passen-

gers exit or enter Vietnam on time;

(d) Goods or means of transportation shall be cleared by customs in

accordance with the provisions of article 25 of this Law.

Article 20 Customs declarations

1. Customs declarations shall be made uniformly in the standard form of

customs declaration provided by the General Department of Customs. EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II)

2. The declarant must make a complete, accurate and clear declaration in

accordance with the items in the custom declaration form.

3. The declarant may use the form of electronic declaration.

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Article 21 Agents performing customs procedures

1. An agent performing customs procedures shall be the declarant in accordance

with the authorisation of the person who is entitled and obliged to complete customs

procedures with respect to imported or exported goods.

2. Agents performing customs procedures must have an understanding of the laws

on customs, be specially skilled in completing customs declarations, and shall be

responsible before the law within the scope of the authorisation. The Government

shall make specific regulations on conditions for registration and operation of agents

performing customs procedures.

Article 22 Customs files

1. The customs file shall include the following:

(a) Customs declaration;

(b) Commercial invoices;

(d) Permit of the authorised State body in the case of goods being imported

or exported or in transit or means of transportation exiting, entering or in transit in

Vietnam which require a permit in accordance with the provisions of the law;

(dd) Other documents which a declarant is obliged to submit or present to the

customs office as stipulated by law with respect to each item of goods.

2. The customs file shall be submitted or presented to the customs office at its

office. Where there is an appropriate reason which is approved by the director of

the customs office at the bordergate or of the customs office of a place for customs

procedures outside the bordergate, the declarant shall be entitled to an extension

of the time-limit for submitting or presenting a number of documents included in the

customs file; and for making additions to or amendments or replacements of the

customs declaration which had been registered prior to the time of inspection of

actual goods or means of transportation. EC-ASEAN Intellectual Property Rights

Co-operation Programme (ECAP II)

Article 23 Rights and obligations of declarants

1. The declarant shall be entitled:

(a) To receive information relating to the customs declaration with respect

to goods being imported or exported or in transit, or means of transportation

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exiting, entering or in transit in Vietnam, and guidelines for performance of

customs procedures provided by the customs office;

(b) To monitor goods in advance and take samples of goods under the con-

trol of State employees of Customs prior to making a customs declaration in order

to ensure that the customs declaration is accurate;

which were already inspected if he/she disagrees with the decision of the cus-

toms office, in the case where the goods have not yet been cleared by customs;

(d) To lodge a complaint or denunciation in relation to breaches of the law

by any customs office or State employee of Customs;

(dd) To request compensation for any damage caused by a customs office

or State employee of Customs in accordance with the provisions of the law.

2. The declarant shall be obliged:

(a) To make a declaration and strictly perform the provisions of articles

16.1, 18, 20 and 68 of this Law;

(b) To be responsible before the law for the truthfulness of information

declared and documents submitted or presented;

State employees of Customs in relation to the performance of customs proce-

dures for goods or means of transportation in accordance with this Law;

(d) To retain books of account, vouchers and other documents relating to

imported or exported goods which have been cleared by customs for five years from

the date of registration of the customs declaration; to provide relevant information

or documents at the request of the customs office for inspection in accordance

with articles 28, 32 and 86 of this Law; EC-ASEAN Intellectual Property Rights

Co-operation Programme (ECAP II)

(dd) To arrange personnel to facilitate the inspection of actual goods or

means of transportation;

(e) To pay duties and perform other financial obligations in accordance with

the provisions of the law.

Article 24 Responsibilities to inspect goods or means of transportation

within areas of customs operation

1. A customs office shall be responsible for inspecting goods being imported or

exported and means of transportation exiting or entering Vietnam within its area

of customs operation.

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2. Where a specialised inspection of quality, health service or culture or a quarantine

of animals or plants with respect to goods or means of transportation is required

in accordance with the provisions of the law, State bodies authorised to conduct

specialised inspections shall carry out such specialised inspection.

3. The director of the customs office at the bordergate shall have the main responsi-

bility to co-ordinate with State bodies authorised to conduct specialised inspections

at the bordergate in order to ensure that goods and means of transportation shall be

cleared promptly by customs. The Government shall make specific regulations on

responsibilities and coordination between authorised State bodies at bordergates.

Article 25 Customs clearance for goods and means of transportation

1. Goods or means of transportation shall be cleared by customs upon completion

of customs procedures.

2. Goods or means of transportation which have not completed customs procedures

may be cleared by customs in any of the following cases:

(a) A number of documents included in the customs file are not available but

the customs office permits such documents to be submitted late within a definite

period.

(b) Duty payable has not yet been paid or has not been paid in full within the

stipulated time-limit, but a credit institution or another organisation authorised to

conduct banking activities provides a guarantee for the amount of duty payable,

except for imported or exported goods entitled to a period of deferral of payment of

duties in accordance with the provisions of the laws on tax. EC-ASEAN Intellectual

Property Rights Co-operation Programme (ECAP II)

3. Where an owner of goods or means of transportation is subject to penalty in the

form of a fine for an administrative offence in relation to customs, the goods or the

means of transportation may be cleared by customs if the fine has already been paid

or a credit institution or another organisation authorised to conduct banking activities

provides a guarantee for the amount payable in order to implement the penalty deci-

sion of the customs office or authorised State body.

4. With respect to imported or exported goods which are subject to appraisal, the

customs office shall decide on customs clearance on the basis of the results of the

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appraisal. Pending the results of an appraisal, if the owner of goods requests

to take back goods for conservation, the customs office shall only accept such

request in the case where all conditions for customs control stipulated by the

General Department of Customs have been satisfied.

5. Goods imported or exported for urgent requirements shall be cleared by cus-

toms in accordance with article 35 of this Law.

Article 26 Customs control

1. Customs control of goods and means of transportation shall be carried out by

the following methods:

(a) Seals affixed by customs or by other technical facilities;

(b) Direct control carried out by State employees of Customs;

2. Periods of customs control:

(a) From the time when goods being imported or means of transportation

entering Vietnam arrive in the area of customs operation and until the time of

customs clearance;

(b) From the time of commencement of the inspection of actual goods be-

ing

exported and until the time of actual export;

nam arrive in the area of custom operation and until the time of exit from the terri-

tory of Vietnam.

3. The owner of goods, the captain or the operator of the means of transportation

or the agent performing customs procedures shall be obliged to ensure the original

state of goods and customs seals; where the original state of goods or of customs

seals is not maintained due to force majeure, upon carrying out EC-ASEAN Intel-

lectual Property Rights Co-operation Programme (ECAP II) necessary measures

to prevent and limit all losses which may occur, he or she shall inform the nearest

customs office or people's committee of the nearest commune, ward or township

for certification, as soon as practicable.

Article 27 Duties and powers of State employees of Customs

When performing customs procedures, State employees of Customs shall have

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the following duties and powers:

1. To comply strictly with the law and customs professional process, and to be

responsible for the performance of their duties and powers;

2. To provide guidelines to declarants as requested;

3. To carry out customs inspection and control; in the case of discovery of indications

of a breach of the laws on customs having been committed, to request the owner of

goods, the captain or the operator of the means of transportation or the authorised

person to perform the requirements for inspection or search of goods or means of

transportation in accordance with the provisions of the law;

4. To take samples of goods in the presence of the declarant for analysis by the

customs office or for appraisal to facilitate the inspection of goods; to use results of

the analysis or the appraisal to determine the right code and quality of goods;

5. To request declarants to provide information or documents relating to goods or

means of transportation aimed at determining the right code or the value of goods in

order to facilitate the collection of duties and other charges in accordance with the

provisions of the law;

6. To control the opening, closure, transhipping, loading or unloading of goods at

places for customs procedures and places of inspection of imported or exported

goods;

7. To request the captain or the operator of the means of transportation to operate

on the route and stop at the place stipulated;

8. To perform other duties and powers in accordance with the provisions of the

law.

SECTION 2

Customs Inspection and Control of Goods

EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)

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Article 28 Verification and registration of customs files

Upon receiving a customs file, State employees of Customs shall verify the

information declared in light of the items required in the custom declaration form,

the documents included in the customs file, and the conformity of information

declared in the customs declaration and documents included in the customs file;

and shall register the customs file in accordance with the provisions of the law; in

the case of refusal to register the customs file, shall provide notification thereof to

the declarant.

Article 29 Bases and powers to decide on forms of inspection of actual

imported or exported goods for customs clearance

1. The form of inspection of actual goods being imported or exported shall be

determined on the basis of observance of the laws by the owner of goods; the

State policy on management of imported or exported goods; the nature, the type

and the origin of imported or exported goods; the customs file and other informa-

tion relating to imported or exported goods.

2. The director of the customs office of the bordergate or of the customs office of

the place for customs procedures outside the bordergate shall decide on the form

of inspection of actual goods being imported or exported and any change of the

form of inspection shall be as provided for in article 30 of this Law.

Article 30 Forms of inspection of actual goods being imported or exported

for customs clearance

1. Forms of inspection of actual goods being imported or exported shall include

the following:

(a) Exemption from inspection of actual goods imported or exported by

owners who have strictly complied with the laws on customs applicable to goods

regularly imported or exported, exported agricultural or aquatic products, import-

ed or exported goods of export processing zones, goods stored in customs bond

warehouses, goods brought into preferential customs zones, and other goods

included in the list provided by the Government. With respect to goods for which a

decision on exemption from inspection has been made, upon discovery of any in-

dications of a breach of the laws on customs having been committed, the form of

inspection stipulated in sub-clause (c) of this clause shall be applied. EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II)

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(b) Random inspection of actual goods shall be carried out with respect to ten

(10) per cent or less of each consignment of imported or exported goods being raw

materials and supplies imported for production of goods for export or processing of

goods for export, goods of the same type, goods contained in identical containers or

imported or exported goods which are not entitled to exemption from inspection as

stipulated in sub-clause (a) of this clause. Where any breach of the laws on customs

is discovered during the inspection, the form of inspection stipulated in sub-clause

exported in the case of owners of goods who have breached the laws on customs

on a number of occasions; consignments of goods where there are indications of a

breach of the laws on customs having been committed.

2. The inspection of actual goods shall be carried out directly by State employees

of Customs or by machinery, technical equipment or other professional measures in

the presence of the declarant or his or her legal representative, upon registering the

customs file and taking goods to the place of inspection. Priority shall be given to

inspecting goods which are live animals or plants, perishable goods or other special

goods.

Article 31 Inspection of actual goods being imported or exported without

declarants being present

1. The director of the customs office of the bordergate or of the customs office of the

place for customs procedures outside the bordergate shall decide to carry out an

inspection without the declarant being present and provide notification thereof to the

owner of goods in the following cases:

(a) For protection of security;

(b) For protection of hygiene or the environment;

ted;

(d) The declarant fails to be present in order to perform customs procedures

within the stipulated time-limit; EC-ASEAN Intellectual Property Rights Co-operation

Programme (ECAP II)

(dd) At the request of the declarant.

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2. An inspection without the declarant being absent shall be carried out in the

presence of a representative of the carrier concerned or a representative of the

people's committee of the nearest commune, ward or township.

Article 32 Inspection after customs clearance

1. In the case of discovery of indications of a breach of the laws on customs

having been committed with respect to imported or exported goods which have

already been cleared by customs, the customs office may take the measure of

inspection after customs clearance.

2. Within five years from the date on which imported or exported goods are cleared

by customs, the director of the provincial Customs Department, interprovincial

Customs Department of two or more provinces or Customs Department of a city

under central authority shall be entitled to make a decision on inspection after

customs clearance. Where necessary, the General Department of Customs shall

make a decision on inspection after customs clearance.

3. Based on the decision on inspection after customs clearance, State employees

of Customs shall directly inspect books of accounts, vouchers and other docu-

ments relating to the consignment of imported or exported goods which have

been cleared by customs at the enterprise concerned and compare them against

the customs declaration and documents included in the customs file; and where

necessary and possible, shall carry out inspection of actual goods.

4. During the inspection, bodies, organisations and individuals concerned shall

facilitate and make available any accounting vouchers, information and docu-

ments necessary for the inspection at the request of the customs office. The Gov-

ernment shall make specific regulations on inspection after customs clearance.

Article 33 Temporarily imported or temporarily exported goods

1. Temporarily imported or temporarily exported goods subject to customs inspec-

tion and control shall include the following:

(a) Goods for fairs, exhibitions or introduction of products;

(b) Machinery, equipment and specialised tools required for duties for a

definite period; EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAP II)

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seagoing vessels or aircraft;

(d) Other goods in accordance with the provisions of the law.

2. Temporarily imported goods must be re-exported, or temporarily exported goods

must be re-imported, within the stipulated period and shall be subject to customs

procedures.

3. Where temporarily imported goods are not re-exported, or temporarily exported

goods are not re-imported, but are sold, donated or exchanged, such goods shall be

subject to the customs procedures applicable to imported or exported goods; if such

goods are those included in the list of goods the import or export of which is condi-

tional, the laws on goods the import or export of which is conditional shall apply.

Article 34 Gifts and donations

1. Goods being gifts or donations shall be subject to customs procedures if such

goods are those included in the list of goods the import or export of which is condi-

tional, and the laws on goods the import or export of which is conditional shall apply.

2. Any use of goods included in the list of goods the import or export of which is

prohibited as a gift or donation shall be strictly prohibited.

3. The quantity of duty-free goods being gifts and donations shall be stipulated

by the Government.

Article 35 Goods imported or exported for urgent requirements

1. Goods imported or exported for urgent requirement shall include the

following:

(a) Goods required for the immediate removal of consequences of a natural

calamity;

(b) Goods for requirements of urgent relief;

other urgent requirements under a decision of the Prime Minister of the Govern-

ment. EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)

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2. Goods imported or exported for urgent requirements may be cleared by

customs prior to submission of a customs declaration and other documents

included in the customs file.

Article 36 Goods purchased, sold or exchanged by residents living in

border areas

1. Goods purchased, sold or exchanged by residents living in a border area shall

be goods for the living needs and normal production of the residents living in the

border area.

2. The purchase, sale and exchange of goods between residents living in a border

area of Vietnam and residents living in the border areas of a neighbouring country

which shares a national border with Vietnam shall be subject to customs inspec-

tion and control; and in areas where there is no customs office, inspection and

control by border soldiers in accordance with the provisions of the law.

3. The Government shall provide for the responsibilities of local authorities, coor-

dination between State bodies, and a policy of purchase, sale and exchange of

goods between residents living in border areas.

Article 37 Goods imported or exported by post

1. Goods imported or exported by post shall be subject to customs procedures in

accordance with this Law.

2. Where the person authorised to make a customs declaration is the enterprise

providing postal services, it shall perform all responsibilities of a declarant in ac-

cordance with this Law; and shall only be permitted to forward and deliver goods

after customs clearance.

Article 38 Goods on means of transportation exiting, entering or in transit

in Vietnam

1. Goods being items on means of transportation exiting, entering or in transit in

Vietnam shall not be subject to customs procedures but shall be subject to cus-

toms control.

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2. Goods purchased from means of transportation entering Vietnam shall be

subject to the customs procedures applicable to imported goods. Goods sold to the

crew and passengers of means of transportation exiting or entering Vietnam shall be

subject to customs procedures applicable to exported goods. EC-ASEAN Intellectual

Property Rights Co-operation Programme (ECAP II)

Article 39 Goods imported or exported by the method of e-business

1. Goods imported or exported by the method of e-business shall be subject to

customs inspection and control.

2. The Government shall make regulations on customs inspection and control of

goods imported or exported by the method of e-business.

Article 40 Goods in transit

1. Goods in transit shall be subject to customs procedures at the first arrival border-

gate and at the last departure bordergate; and shall be subject to customs control

during transportation in the territory of Vietnam.

2. Where goods are in transit but do not go through the territorial mainland, or

goods in transit are stored in a warehouse located within the area of a border-

gate, a transit permit shall not be required. Where goods are in transit through the

territorial mainland of Vietnam and/or stored in a warehouse located outside the area

of a bordergate or goods in transit are subject to a permit in accordance with the

provisions of the law, a permit of the authorised State body must be presented.

3. An inspection of goods in transit shall only be carried out in cases where there are

indications of a breach of the law having been committed.

4. Goods in transit may only be sold in Vietnam upon obtaining permission from the

authorised State body of Vietnam and completing customs procedures applicable

to imported goods.

Article 41 Goods transferred from one bordergate to another

1. Goods transferred from one bordergate to another shall include the following:

(a) Exported goods in respect of which customs procedures have been completed

and which are transported from the place for customs procedures outside the

bordergate to the bordergate of departure;

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(b) Imported goods which are transported from the bordergate of arrival to the

place for customs procedures outside the bordergate;

procedures to another. EC-ASEAN Intellectual Property Rights Co-operation

Programme (ECAP II)

2. Goods transferred from one bordergate to another shall be subject to customs

inspection and control.

3. Imported or exported goods moving between two places which are places of

inspection of actual goods being imported or exported and are located outside

the place for customs procedures shall be entitled to the regime of transfer from

one bordergate to another if so agreed in writing by the director of the provin-

cial Customs Department, inter-provincial Customs Department of two or more

provinces or Customs Department of a city under central authority.

Article 42 Routes, periods of transit or transfer from one bordergate to another

Goods in transit or transferred from one bordergate to another must be trans-

ported by the correct route through the stipulated bordergate on time and shall be

subject to customs control. The Ministry of Transport and Communications shall

stipulate routes for transportation of goods in transit; the General Department of

Customs shall stipulate routes for transportation of goods transferred from one

bordergate to another.

Article 43 Moveable assets

An individual, family or organisation having moveable assets must possess a

document evidencing ownership rights with respect to such assets, except for

belongings and items for normal living needs. The Government shall make

specific regulations on moveable assets.

Article 44 Luggage of persons exiting or entering Vietnam

1. Luggage of persons exiting or entering Vietnam shall be subject to customs

procedures.

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2. Luggage of persons entering or exiting from Vietnam in excess of the quantity

of duty-free luggage shall be subject to customs procedures applicable to imported

or exported goods. A person who exits or enters Vietnam may deposit his or her

luggage in a warehouse at the bordergate and receive it upon entering or exiting

from Vietnam.

3. The Government shall make regulations on luggage allowances and quantities of

duty-free luggage. EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAP II)

Article 45 Dealing with goods which are abandoned, misplaced, are taken

by mistake or are not received by owners within time-limit for customs

declaration

1. Goods the owner of which has publicly declared abandonment or has acted in a

way indicating abandonment thereof shall be sold and proceeds of their sale shall

be paid to the State Budget after deduction of expenses incurred. Abandonment of

goods by an owner shall not be recognised where there are indications of a breach

of the law having been committed.

2. In the case of goods which have been misplaced or been taken by mistake, if

within one hundred and eighty (180) days the owner proves that such goods are un-

der his or her ownership and have been sent by mistake or mislaid in Vietnam, they

shall be re-exported; where such goods have been sent to the incorrect address

of the recipient, the in correct address of the recipient shall be corrected; where

such goods have been misplaced in other countries, then forwarded to Vietnam,

the owner may perform customs procedures in order to receive such goods upon

paying expenses incurred; where no one claims the goods within one hundred and

eighty (180) days, such goods shall be dealt with in accordance with clause 4 of this

article.

3. Where the customs office reasonably believes that goods which are abandoned,

misplaced or taken by mistake are smuggled goods, such goods shall be dealt with

as in the case of smuggled goods.

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4. In the case of imported goods which are not claimed within ninety (90) days

from the date on which such goods arrive at the bordergate for unloading, the

customs office shall announce them publicly by way of the mass media. If the

owner of goods claims the goods within one hundred and eighty (180) days from

the date of notification, he or she may complete import procedures and shall be

liable to pay a fine and expenses incurred due to late performance of customs

procedures; where the goods remain unclaimed, such goods shall be dealt with

in accordance with the provisions of the law.

SECTION 3

Customs Inspection and Control of Goods in

Customs Bond Warehouses and Bonded Warehouses

Article 46 Goods in customs bond warehouses and bonded warehouses

1. Goods of domestic or foreign organisations and individuals stored in customs

bond warehouses shall be subject to customs inspection and control. EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II)

2. Only imported goods being materials for production of the owner of a bonded

warehouse may be stored in a bonded warehouse.

3. The Government shall make specific regulations on the operation of customs

bond warehouses and bonded warehouses.

Article 47 Rights and obligations of owners of customs bond warehouses

or owners of goods stored in customs bond warehouses

1. The owner of a customs bond warehouse may perform contracts for storage of

goods in the customs bond warehouse in accordance with the provisions of the

law; may move goods in the customs bond warehouse under agreement with the

owner of goods, but shall have to provide prior notification thereof to the customs

office. The owner of a customs bond warehouse shall notify the provincial Cus-

toms Department, interprovincial Customs Department of two or more provinces

or Customs Department of the city under central authority in writing of the current

state of goods and operation of the customs bond warehouse every forty five (45)

days.The owner of a customs bond warehouse shall be responsible for perform-

ing requests of the customs office for inspection of goods in accordance with the

provisions of the law.

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2. The owner of goods stored in a customs bond warehouse may reinforce packag-

ing, classify goods and take samples of goods under the control of State employees

of Customs; and may transfer the ownership rights of goods in accordance with the

provisions of the law. The removal of goods from one customs bond warehouse

to another shall be subject to the written approval of the director of the provincial

Customs Department, inter-provincial Customs Department of two or more provinces

or Customs Department of the city under central authority. For the duration of storage

of goods in a customs bond warehouse, the owner of goods must comply with the

provisions of the laws on operation of customs bond warehouses.

Article 48 Period of storage of goods in customs bond warehouses

The period of storage of goods in a customs bond warehouse shall not

exceed twelve (12) months from the date on which such goods were stored in the

customs bond warehouse; where there is a legitimate reason and the written consent

of the director of the provincial Customs Department, inter-provincial Customs De-

partment of two or more provinces or Customs Department of the city under central

authority, this period may be extended, but by no more than six months. EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II)

Article 49 Authority to establish or terminate operations of customs bond ware-

houses and bonded warehouses.

The General Director of the General Department of Customs shall make decisions

to establish or terminate the operation of customs bond warehouses. Directors of

provincial Customs Departments, inter-provincial Customs Departments of two or

more provinces or Customs Departments of cities under central authority shall make

decisions to establish or terminate the operation of bonded warehouses.

SECTION 4

Customs Inspection and Control of Means of Transportation

Article 50 Places for customs procedures with respect to means of transportation

exiting or entering Vietnam

1. When exiting or entering Vietnam, means of transportation must cross Vietnamese

bordergates. Means of transportation entering Vietnam shall be subject to customs

procedures at the first bordergate of arrival. Means of transportation exiting from

Vietnam shall be subject to customs procedures at the last bordergate of departure.

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2. The exit or entry of means of transportation through other places shall be in

accordance with the regulations of the Government.

Article 51 R outes, period of customs inspection and control with respect to means

of transportation exiting, entering or in transit in Vietnam, or transferring from one

bordergate to another

1. Foreign means of transportation entering, exiting or in transit in Vietnam or

transferring from one bordergate to another must move by the stipulated route

and shall be subject to customs control from the time of arrival in the area of

customs operation, during movement, and until the time of exit from the territory

of Vietnam.

2. Vietnamese means of transportation entering Vietnam shall be subject to

customs control from the time of arrival in the area of customs operation and

until the time when all imported goods transported by the means of transportation

are unloaded from the means of transportation for performance of import proce-

dures. EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAPII)

Vietnamese means of transportation exiting Vietnam shall be subject to customs

control from the time of loading of exported goods and until the time of exit from

the territory of Vietnam.

3. The head of the customs office at the bordergate, the head of the customs

office of the place for customs procedures outside a bordergate or the head of the

customs inspection group may, where he or she reasonably believes that goods are

concealed illegally in a means of transportation entering, exiting or in transit in

Vietnam or transferring from one bordergate to another or that there are indica-

tions of a serious breach of the law having been committed, order that departure

be temporarily delayed or the means of transportation be stopped in order that

it may be searched. Any search shall be carried out properly in accordance with

the provisions of the law. The officer making the decision shall be responsible for

it before the law.

Article 52 Declaration and inspection of means of transportation exiting,

entering or in transit in Vietnam

1. When performing customs procedures with respect to means of transportation

exiting, entering or in transit in Vietnam, the owner or the operator of the means

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of transportation must make a customs declaration; submit or present transport

documents; and provide information and documents relating to imported or export-

ed good and items on the means of transportation. The time-limit for customs

declarations shall be in accordance with the provisions of clauses 5, 6 and 7 of

article 18 of this Law.

2. The verification of customs files and inspection of actual means of transportation

by State employees of Customs shall be carried out in accordance with the provi-

sions of articles 19.2(c) and (d), 20 and 22 of this Law. Where transport documents

satisfy the requirements of customs inspection, the owner or operator of the

means of transportation shall not be required to make a customs declaration,

except for luggage and imported or exported goods of passengers exiting or entering

Vietnam who are carried by the means of transportation.

Article 53 Transhipment, transfer from one bordergate to another, unload-

ing from one carriage and loading onto another, disconnection of carriages,

loading or unloading of goods on means of transportation exiting or entering

Vietnam

The transhipment, transfer from one bordergate to another, unloading from one

carriage and loading onto another, disconnection of carriages, loading or unload-

ing EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II) of

goods from means of transportation exiting or entering Vietnam during the period of

customs inspection or control shall only be carried out upon obtaining the consent

of the customs office. The original state of the packages, containers or parcels of

goods which are transhipped, transferred from one bordergate to another, unloaded

from one carriage and loaded onto another or whose carriage is disconnected must

be maintained.

Article 54 International transportation combining with domestic transporta-

tion or domestic transportation combining transportation of imported or

exported goods

1. Means of transportation used for international transportation may combine

with domestic transportation of goods upon obtaining permission from the autho-

rised State body and satisfying conditions for customs control stipulated by the

General Department of Customs.

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2. Means of transportation used for domestic transportation may combine with

transportation of imported or exported goods which are subject to customs

control upon obtaining permission from the authorised State body and satisfying

conditions for customs control stipulated by the General Department of Customs.

Article 55 Means of transportation exiting, entering or in transit in Vietnam

for the purpose of national defence or security

Military means of transportation and other means of transportation used for the

purpose of national defence and security shall be subject to customs inspection

and control in accordance with the regulations of the Government.

Article 56 Responsibility of heads of port authorities of airports, seaports

and international stations to co-ordinate with customs offices

The head of the port authority of an airport, seaport or international station shall

be responsible for notifying in advance the head of the customs office of the port

of the time of arrival or departure, the place of stopping, and the period of loading

or unloading of goods for seagoing vessels, aircraft or international trains.

SECTION 5

Temporary Suspension of Customs Procedures for Imported or Exported Goods

For Which Requests for Protection of Intellectual Property Rights Have Been

Made EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP

II)

Article 57 Principle of temporary suspension of customs procedures

1. An owner of intellectual property rights which are protected in accordance with

the provisions of the law of Vietnam shall be entitled to request the customs office

to suspend temporarily customs procedures with respect to imported or exported

goods in respect of which he or she believes that an infringement of intellectual

property rights has been committed.

2. The customs office may only make a decision on temporary suspension

of customs procedures with respect to imported or exported goods when all

conditions stipulated in article 58 of this Law are satisfied.

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Article 58 Conditions for making requests for temporary suspension of

customs procedures

When making a request for temporary suspension of customs procedures, the

owner of intellectual property rights shall be obliged to:

1. Submit a request application, evidence of lawful intellectual property rights, and

evidence of infringement of his or her intellectual property rights to the customs

office;

2. Pay in advance or submit a letter of guarantee issued by a credit institution or

another organisation authorised to conduct banking activities in order to secure,

in accordance with the provisions of the law, compensation for any damage and

expenses caused by the improper request for temporary suspension of customs

procedures.

Article 59 Specific regulations on temporary suspension of customs proce-

dures The Government shall, on the basis of this Law and other relevant laws,

make specific regulations on temporary suspension of customs procedures with

respect to imported or exported goods in respect of which requests for protection of

intellectual property rights are made.

SECTION 6

Regime for Preferential Treatment and Exemptions

Article 60 Regime for preferential treatment and exemptions

The regime for preferential treatment and exemptions stipulated in this Law shall

include preferential treatment and exemptions from customs declaration and

customs inspection. EC-ASEAN Intellectual Property Rights Co-operation

Programme (ECAP II)

Article 61 Exemptions from declaration and customs inspection

1. Diplomatic or consular bags shall be exempt from declaration and customs

inspection.

2. Luggage and means of transportation of bodies, organisations and individuals

entitled to diplomatic privileges and immunity and the luggage and means of

transportation of other special persons shall be exempt from customs inspection.

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Article 62 Dealing with beaches of regime for preferential treatment and

exemptions

Where there is concrete evidence which proves that the diplomatic or consular-

bags are being used for a purpose which is in contravention of the international

treaty on diplomatic or consular relations to which the Socialist Republic of

Vietnam is a signatory or participant or that the luggage or means of transporta-

tion contains prohibited exports and imports or objects which are not entitled by

law to the regime for preferential treatment and exemptions, the General Depart-

ment of Customs shall make a decision to deal with the breach in accordance with

such international treaty.

CHAPTER IV

Responsibilities of Customs to Prevent and Combat

Smuggling or Illegal Transportation of Goods Across Borders

Article 63 Duties of customs to prevent and combat smuggling or illegal transpor-

tation of goods across the borders

1. Customs offices at all levels shall, depending on their respective duties and

powers, organise operations to prevent and combat smuggling or illegal transpor-

tation of goods across the borders.

2. Customs offices at all levels may establish specialised units aimed at conduct-

ing operations to prevent and combat smuggling or illegal transportation of goods

across the borders.

Article 64 Scope of responsibilities to prevent and combat smuggling or il-

legal transportation of goods across borders

1. A customs office shall be responsible for inspecting, controlling and checking

goods and means of transportation within its area of customs operation aimed

EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II) at

actively preventing and combating smuggling or illegal transportation of goods

across borders. In the case of goods and means of transportation in the area

of customs operation, if any body, organisation or individual discovers an act of

smuggling or illegal transportation of goods across borders, such body, organisa-

tion or individual shall provide prompt notification thereof to the customs office in

order to inspect and deal with such act.

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2. With respect to places outside its area of customs operation, the customs office

shall be responsible for coordinating with relevant State bodies to take measures to

prevent and combat smuggling or illegal transportation of goods across borders. In

the case of goods and means of transportation outside its area of customs opera-

tion, where a relevant State body has concrete evidence which proves that an act of

smuggling or illegal transportation of goods across borders is conducted, such body

shall, depending on its authority, inspect and deal with such act in accordance with

the provisions of the law.

3. People's committees at all levels shall direct and co-ordinate with the customs

office and other relevant State bodies located in their respective localities in carrying

out operations to prevent and combat smuggling or illegal transportation of goods

across borders.

Article 65 Authority of customs offices to take measures to prevent and

combat smuggling or illegal transportation of goods across borders

1. To organise forces, to establish a database, to take necessary professional

measures, to collect information in Vietnam and abroad relating to customs

operations aimed at actively preventing and combating smuggling or illegal transpor-

tation of goods across borders and facilitating customs clearance of goods and in-

spection after customs clearance; to co-ordinate with relevant bodies in maintaining

confidentiality of persons who provide information on smuggling or illegal transporta-

tion of goods across borders in accordance with the provisions of the law.

2. To carry out customs control of goods and means of transportation; to have the

main responsibility to co-ordinate with relevant State bodies to conduct operations

to prevent and combat smuggling or illegal transportation of goods across borders

within its area of customs operation.

3. To take necessary intelligence measures in accordance with the provisions of

the law aimed at discovering acts of smuggling or illegal transportation of goods

across borders. EC-ASEAN Intellectual Property Rights Co-operation Programme

(ECAP II)

387

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4. To request bodies, organisations and individuals concerned to provide informa-

tion and documents if such information and documents are necessary for identifi-

cation of an act of smuggling or illegal transportation of goods across borders.

5. To request enterprises providing postal services to open postal parcels or goods

being imported or exported by post for inspection when there is concrete evidence

which proves that such postal parcels or goods contain documents or goods relat-

ing to smuggling or illegal transportation of goods across borders.

6. To conduct international co-operation in preventing and combating smuggling

or illegal transportation of goods across borders.

Article 66 Authority of customs offices and State employees of Customs to

deal with acts of smuggling or illegal transportation of goods across borders

1. The head of the customs office at the bordergate or the customs office at the

place for customs procedures outside a bordergate or customs inspection group

may, where he or she reasonably believes that there is an act of concealing smug-

gled goods or goods illegally transported across borders, make decisions to con-

duct body searches, or searches of means of transportation or places where goods

are concealed, or to detain temporarily persons, means of transportation or goods

in accordance with the provisions of the laws on dealing with administrative

offences.

2. When discovering any act in breach of the laws on customs which is subject

to prosecution for criminal liability, the customs office or State employees of Cus-

toms having authority as stipulated in the laws on criminal legal proceedings may

prosecute the case or the offender and conduct investigative activity. The pros-

ecution of the case or the offender or the investigative activity must be carried out

in accordance with the provisions of the laws on criminal legal proceedings.

3. Customs offices and State employees of Customs shall be responsible before

the law for all decisions made while conducting operations stipulated in clauses 1

and 2 of this article.

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Article 67 Equipment and technical means for preventing and combating

smuggling or illegal transportation of goods across borders

1. Customs offices and State employees of Customs directly performing their duty

to prevent and combat smuggling or illegal transportation of goods across borders

shall be equipped with specialised technical means, weapons EC-ASEAN Intellectual

Property Rights Co-operation Programme (ECAP II) and supportive instruments. The

equipment and the use of weapons and supportive instruments must comply with the

provisions of the law.

2. Where necessary, the customs office or State employees of Customs directly per-

forming its, his or her duty to prevent and combat smuggling or illegal transporta-

tion of goods across borders shall be entitled to request bodies, organisations and

individuals to co-ordinate their efforts to provide support in terms of resources and

provide information; where supported means are damaged, the customs office shall

be obliged to pay compensation in accordance with the provisions of the law.

CHAPTER V

State Administration of Customs

Article 68 State administration of customs

State administration of customs shall include the following:

1. To construct and direct the implementation of a strategy, master planning and plans

for development of Vietnam Customs;

2. To issue and organise the implementation of legal instruments relating to customs;

3. To guide, implement and disseminate the laws on customs;

4. To make provisions on organisation and operation of Customs;

5. To train, foster and build a body of State employees of Customs;

6. To study and apply science and technology, and modern methods of customs

management;

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7. To carry out State statistics of customs;

8. To carry out inspections and examinations, to resolve complaints and denun-

ciations, and to deal with breaches of the laws on customs;

9. To conduct international co-operation in relation to customs.

Article 69 State administrative bodies in charge of customs

1. The Government shall assume unified State administration of customs.

2. The General Department of Customs shall be the body assisting the Govern-

ment in assuming unified State administration of customs.

3. Ministries, ministerial equivalent bodies and Government bodies shall, depend-

ing their respective duties and powers, be responsible for coordinating with the

General Department of Customs in State administration of customs. EC-ASEAN

Intellectual Property Rights Co-operation Programme (ECAP II)

4. People's committees at all levels shall, depending on their respective duties

and powers, be responsible for organising the implementation of the laws on cus-

toms within their respective localities.

Article 70 Right to lodge complaints or denunciations and right to take legal

actions

1. Individuals and organisations shall have the right to lodge a complaint with any

customs office or other authorised State body or take legal action at a court in

accordance with the provisions of the law relating to administrative decisions

or administrative actions of customs offices or State employees of Customs when

there is concrete evidence which proves that such decision or action was in-

consistent with the provisions of the law or infringed upon their lawful rights and

interest.

2. Individuals shall have the right to lodge with any customs office or other autho-

rised State body a denunciation of any breach of the law by any State employee

of Customs or customs office which infringes upon the interests of the State or the

lawful rights and interest of an organisation or individual.

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Article 71 Responsibilities to resolve complaints and denunciations

1. Customs offices at all levels shall be responsible for resolving complaints relating

to administrative decisions or administrative actions which fall within their author-

ity; in the case of receipt of a complaint which falls outside their authority, shall be

responsible for guiding the complainant to lodge the complaint with the authorised

State body for resolution.

2. Customs offices at all levels shall be responsible for resolving denunciations

which fall within their authority; in the case of receipt of a denunciation which falls

outside their authority, shall be responsible for forwarding it to the competent body

or organisation for resolution and providing notification thereof in writing to the

person denunciating.

Article 72 Time-limits, procedures and authority to resolve complaints and

denunciations

1. The time-limits and procedures for complaints and denunciations or for resolution

of complaints and denunciations and the authority to resolve complaints and denun-

ciations shall be in accordance with the laws on complaints and denunciations and

other relevant laws.

2. Pending resolution of a complaint or legal action, the organisation or individual

must still implement the administrative decision or decision on EC-ASEAN Intel-

lectual Property Rights Co-operation Programme (ECAP II) penalty for the admin-

istrative offence of the customs office or other authorised State body. When a de-

cision to resolve the complaint is made by the customs office or other authorised

State body, or when a decision or judgment of the court is legally enforceable, such

decision or judgement shall be performed.

CHAPTER VI

Rewards and Dealing with Breaches

Article 73 Rewards

1. Bodies, organisations and individuals making notable achievements in

the implementation of the laws on customs; persons who make reports or discoveries

or provide assistance to customs offices in combating smuggling or illegal

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transportation of goods across borders or other acts in breach of the laws on

customs shall be rewarded in accordance with the provisions of the law.

2. Customs offices and State employees of Customs satisfactorily carrying out

their duties shall be rewarded in accordance with the provisions of the law.

Article 74 Dealing with breaches

1. Any person who breaches the laws on customs shall, depending on the nature

and seriousness of the breach, be subject to administrative penalty or prosecution

for criminal liability; and shall be liable to pay compensation for any damage in

accordance with the provisions of the law.

2. Any State employee of Customs who obstructs import or export activities, exit,

entry or transit or conducts other acts in breach of the laws on customs shall,

depending on the nature and seriousness of the breach, be subject to disciplinary

action or prosecution for criminal liability; shall be liable to pay compensation for

any damage in accordance with the provisions of the law.

CHAPTER VII

Implementation Provisions

Article 75 Effectiveness

This Law shall be of full force and effect as of 1 January 2002. EC-ASEAN Intel-

lectual Property Rights Co-operation Programme (ECAP II) The Ordinance on

Customs which was issued by the State Council on 20 February 1990 shall no

longer have effect from the date of effectiveness of this Law. All previous provi-

sions which are inconsistent with this Law are hereby repealed.

Article 76 Application of laws in case of goods or means of transportation

for which customs files have been registered, but in respect of which cus-

toms procedures have not yet been completed, prior to date of effective-

ness of this Law

1. In the case of goods being imported, exported or in transit or means of transpor-

tation exiting, entering or in transit in Vietnam for which customs files have been

registered, but in respect of which customs procedures have not yet been

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393

completed, prior to the date of effectiveness of this Law, customs procedures and

customs inspection, control and checking shall be carried out in accordance with the

Ordinance of Customs and other relevant laws.

2. Inspection after customs clearance shall not be carried out with respect to goods

which have been cleared by customs prior to the date of effectiveness of this Law.

Article 77 Guidelines for implementation

The Government shall make detailed regulations and provide guidelines for

implementation of this Law.

This Law was passed by Legislature X of the National Assembly of the Socialist

Republic of Vietnam at its 9th session on 29 June 2001.

The Chairman of the National Assembly

NGUYEN VAN AN

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