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Guidelines for
Suspension of Customs Release
Legal basis
Intellectual Property Law No.
50/2005/QH11 passed by the National Assembly of SRV on 29
November 2005
Customs Law No.
29/2001/QH10
passed by the National Assembly of SRV on 29 June 2001
Government
Decree No. 101/2001/ND-CP
dated December 31, 2001 guiding the implementation of the
provisions of the Custom Law regarding Custom procedures and
regime for Custom's supervision;
Intercircular No.
58/2003/TTLT/BVHTT- BTC
dated 17 October 2003 guiding the implementation of protection
of copyright at the Custom Offices with respect to import-export
goods
Intercircular No.
129/2004/TTLT/BTC-BKHCN
dated 29 December 2004 guiding the implementation of border
measures on industrial property with respect to import-export
goods.
Who can file the Request?
Applicant
shall be IPR owners or
their licensees (the right holder), who has
valid ground for suspecting that the importation of counterfeits
or pirated copyright goods may take place.
Applicant may
file the Request directly with the Customs Office or through his
IP Representative. Foreign individual applicant without
permanent residence and business premises in Vietnam or foreign
legal entity without legal representative and business premises
in Vietnam can only file the request through its IP
Representative like AMBYS
Where to file?
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A branch of
provincial Customs Department if the border measures shall be
carried out at the border gates under the auspices of this
branch.
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A
provincial Customs Department if the border measures shall be
carried out at the border gates belonging to this Department
-
The General
Customs Department if the border measures shall be carried out
at the border gates belonging to more than two provincial
Customs Departments
Security or equivalent assurance
To prevent
abuse and protect the competent authorities and the
importer/exporter, the applicant is required to deposit an
amount of 20% value of the consignment that is required for
suspension of release by the Customs Authorities. The applicant,
instead of money deposit as mentioned above, may submit voucher
of guarantee of a credit agency for the applicant to compensate
damages or cost incurred by such request.
Duration of suspension
Within 24
hours from the moment of receipt of the request for suspension,
the Head of Customs Office shall issue the Decision for
suspension of customs clearance with respect to the consignment.
Such decision shall be addressed to consignee or importer and
the right holder where the reason for and term of suspension are
clearly indicated.
The term of
suspension is 10
days from the decision date
The Head of
Customs Office shall decide to extend the suspension term for
another period of 10
days upon request filed by the right holder
before expiry date of the previous suspension term subject to
additional amount of 20% of the consignment value.
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