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Circular 13/2015/tt-Btc: Regulation On Inspection, Monitoring, Pause To Do Customs Procedures For Export And Import Goods That Require Protection Of Intellectual Property Rights; Control Of Counterfeiting And H

Original Language Title: Thông tư 13/2015/TT-BTC: Quy định về kiểm tra, giám sát, tạm dừng làm thủ tục hải quan đối với hàng hóa xuất khẩu, nhập khẩu có yêu cầu bảo vệ quyền sở hữu trí tuệ; kiểm soát hàng giả và h

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FINANCE MINISTRY
Number: 13 /2015/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 30, 2015

IT ' S SMART

Regulation of inspection, surveillance, pause for customs procedure for export goods, import

has the requirement to protect intellectual property rights; control of counterfeit goods and goods from invading intellectual property rights. Don't

__________________________

Customs Law. 54 /2014/QH-13 June 23, 2014;

Base. Digital Intellectual Property Law 50 /2005/QH11 November 29, 2005; Amendment Law, which complements some of the Articles of Digital Intellectual Property Law. 36 /2009/QH12 June 19, 2009;

Base of Protocol 08 /2015/NĐ-CP January 21, 2005 the Government regulates the details and measures the Customs Law on customs procedure, inspection, supervision, control of customs;

Base. Protocol. 105 /2006/NĐ-CP September 22, 2006 of the Government Regulation and Guide to some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and the management of the State for intellectual property;

Base of Protocol 119 /2010/ND-CP December 30, 2010 by the Government amended, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP September 22, 2006 of the Government Regulation and Guide to some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and the management of the State for intellectual property;

Number Protocol 185 /2013/ND-CP November 15, 2013 by the Government of the Government rules sanctions on the administrative violation in commercial activity, manufacturing, counterfeit goods, prohibition and the protection of consumer rights;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;

On the recommendation of the Chief Directorate General of Customs,

The Minister of Finance issued a regulatory, oversight, pause for customs procedure for export goods, imports requiring protection of intellectual property rights; controlling counterfeit goods and goods from intellectual property rights as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for inspection, oversight, pause for customs procedures for export goods, imports requiring protection of intellectual property rights; controlling counterfeit goods and goods from intellectual property rights.

What? 2. Subject applies

1. Customs Enforcement, Customs Enforcement;

2. Organization, individual export, import of goods or authorized persons;

3. Organization, individual is the subject of intellectual property rights, the owner of the real goods being forged or the legitimate representative of the owner;

4. Organization, other individuals are involved.

What? 3. Explain words

The words used in this Information are understood as follows:

1. The counterfeit goods include the prescribed goods at paragraph 8 Article 3 of the Digital Protocol 185 /2013/ND-CP November 15, 2013, of the Government's March 15, 2013, the government rules for sanctions on trade, manufacturing, counterfeit goods, and the protection of consumer rights.

2. Defended intellectual property rights in the customs sector as the customs authority to adopt test measures, oversight, control, suspend customs procedures on goods of exports, imports have required protection of intellectual property rights at the same level, according to the Department of Customs and Customs. Article 216 Intellectual Property Laws and Articles 73, 74, 75, 76 Customs and Customs-related texts are associated with the discovery, struggle, and disposal of intellectual property rights violations in the customs field.

3. A halt to customs proceedings against the suspected cargo of intellectual property rights is the measure conducted at the request of intellectual property rights to gather information, evidence of shipments to the owner of intellectual property rights. The right to the right to handle the breach of the right and the request to apply temporary emergency measures or measures to prevent and secure administrative punishment.

4. The customs inspection of counterfeit goods, the breach of intellectual property rights is the examination of the customs records, related testimonies and the actual inventory of goods, the transportation vehicle conducted by the customs authorities to detect suspected goods as counterfeit goods, and other evidence. It's a violation of intellectual property rights.

5. Customs oversight of counterfeit goods, the breach of intellectual property rights is a career measure imposed by the customs authority to ensure the status of goods, the regulatory compliance of the law in the preservation, retention, loading, transport, use of the law, and the use of goods. Export goods, imported goods requiring protection of intellectual property rights are subject to customs management.

6. The customs control of counterfeit goods, the breach of intellectual property rights as patrol measures, investigations or other business measures imposed by the customs authority to prevent, anti-smuggling, illegal shipping of goods are counterfeit goods, the trespassing of rights. It ' s ownership of the intelligence that moves across the border or in the way, into the non-tariff zones.

7. The proposed application application, export of export goods, imported goods required for protection of intellectual property rights and a petition to halt the customs procedure (the application was issued with this message).

8. The applicant recommends that the owner of the intellectual property rights (including intellectual property rights and organization, the owner of the right to the transfer of intellectual property rights) or the owner of the right to the intellectual property of the legal authority.

9. Invaders of intellectual property rights are the acts outlined at Articles 28, Article 35, Article 126, Article 127, Article 129 and Article 188 Intellecintelligence Property Law.

What? 4. The rights and obligations of the organization, the individual involved

1. The customs of the customs of the commercial information provided to the customs authority, except for the circumstances required to provide the authorities under the law.

2. The owner of the intellectual property, the owner of the counterfeit goods forfeitualized intellectual property rights or representative under the legal mandate to be joined together with the customs authority on test operations, monitoring, control, verification, collection of evidence, and other functions. The goods of intellectual property, counterfeit goods, the process of handling the goods, the forfeituation, except for the need to protect the trade secret, the state secret by the rule of law.

3. A complaint, a complaint to the decision to handle counterfeit goods, the breach of intellectual property rights, the application of export control of export goods, imports concerning the intellectual property of the customs agency under the law of the complaint of the complaint, the prosecution said. And the law of administrative proceedings.

4. Provide timely supply of information, documents related to export goods, importation of suspected invasion of intellectual property rights, counterfeit goods when the customs agency is required or when information is available.

5. Organization, individuals who violate intellectual property rights that carry out the destruction and tolerance of all costs associated with the destruction of export goods, enter an invasion of intellectual property rights or counterfeit goods under the rule of law disposal law.

What? 5. The powers and responsibilities of the customs authority

1. Deploy the applicable test measures, oversight, customs control, pause for customs procedure under the provisions of the Customs Law, trade law and intellectual property law on goods suspected of being counterfeit goods, the trespassing of the right to power. Intellectual property.

2. Explain, instruct organizations, individuals involved in compliance with the provisions of the Customs Law, Intellecintelligence Property Law, and Guide to this Information. Written notification for organizations, individuals involved in solving results, handling the case.

3. Coordinate with State Administration agencies, forces with anti-counterfeit and intellectual property rights in combat work, counterfeit goods, and invasion of intellectual property in accordance with the laws of the law.

4. Personal requirements, related organizations, publish documents, related testimonies to the program, clarify the doubts of the customs authority on exporting goods, enter an invasion of intellectual property rights, counterfeit goods.

5. Resolve the complaint, complaint of organizations, individuals with regard to the handling of counterfeit goods, the trespassing of intellectual property rights and the application of export control measures of export, import related to the intellectual property of the customs authority of the United States. according to the rule of law.

6. Make the report mode, save the document, file with regard to the anti-counterfeit work and protect the intellectual property rights according to the current regulation.

Chapter II

RECEPTION, HANDLING OF THE APPLICATION FOR INSPECTION, EXPORT OF EXPORT GOODS, IMPORT AND EXPORT

REQUESTING PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

What? 6. The regulation of filing a request for inspection, monitoring of export goods, imports have a requirement for protection of intellectual property rights.

The subject of intellectual property rights or authorized persons to submit the filing to the Customs General Administration (Customs Administration of Customs Enforcement) includes:

1. The application of inspection, export of export goods, imports with a request for protection of intellectual property in terms of the 01-SHTT issued this (1) primary;

2. Office of the protection of industrial ownership or other document demonstrating industrial ownership is being protected in Vietnam or the Certificate of Registration Contracting to the use of an industrial ownership object; the Certificate of Registration Of Rights. author, the right to the right to the author, the right to the cultivable of plants or other documents that demonstrate the right to the author, the right to the right to the author, the right to the cultivable breed: 1 copy of the signed name, stamped the body of the owner of the intellectual property. Yes, the authority or the authority.

3. The detailed description of the goods invasion of intellectual property rights, photographs, real seclentified features with an invasion of intellectual property rights: 01 main;

4. List of exporters, legalization of goods that require oversight; list of persons with the ability to export, import goods to invade intellectual property rights: 1 major.

What? 7. Take on, check and process the offer

1. After receiving enough of the recommended set of records at a Article 6 of this Information, the customs authority checks the case according to the following contents:

a) the legal way of the applicant by the rule of law;

b) Check out the suitcase of the application content with the accompanying documents; Check the validity of the validity of the intellectual property rights;

c) The specimen, the object (or photograph) in accordance with the intellectual property rights content with a protection request or content denouncing the breach behavior;

d) The proxy content is consistent with the functioning function of the customs authority and of the applicant (case of the authorized authorization).

2. The cases refused to accept the application:

a) The application is not the right authority with the authority to accept;

b) The customs authority states that the applicant is not eligible for legal filing by law;

c) The applicant does not provide sufficient prescribed documents at paragraph 2 Article 74 Customs Law;

d) During the application of the application, the customs authority received the text of the state governing body of the intellectual property announcing the dispute, the claim on the subject of rights, the ability to protect, the scope for the protection of intellectual property rights.

3. The case of accepting the offer is as follows:

a) After accepting a request for inspection, customs supervision for export goods, imports have a requirement for protection of intellectual property rights, Directorate General of Customs (Bureau of Customs Enforcement) updates the database system on protection of intellectual property rights and the protection of the department store. announced acceptance of the application to the Bureau of Provincial Customs, the city; the Department of Anti-smuggling Investigation to deploy the inspection, surveillance.

b) The Department of the Provincial Customs, the city, the Department of the Anti-smuggling Investigation received the announcement of the Bureau of Customs (Customs Administration of Customs) and the investigation of data on the system to organize, implementing implementation within the area of management;

c) The Bureau of Customs Enforcement on the database and notification of the Directorate General of Customs (Customs Administration of Customs) to deploy test measures, customs oversight for export goods, imports with signs of breach of ownership, and the customs of the customs. I mean, the wisdom is in accordance with Article 14 of this.

4. In the 20-day period since the date of receiving enough of the proposed filing under the regulation at paragraph 1 Article 6 This Information, the General Bureau of Customs (Customs Administration of Customs) checks and written notice to the applicant for acceptance or non-approval. I'll take the offer.

What? 8. End of single effect

The Directorate General of Customs (Customs Administration of Customs Enforcement) is responsible for announcing the termination of a single effect of the inspection, which oversees export goods, and imports requiring protection of intellectual property rights in the case:

1. The applicant has the text of the offer to end the inspection, oversight of the customs agency on the goods required for protection;

2. The expiration of the validity of the application of the inspection proposal, the supervisor, the applicant without text of the extension;

3. The state governing body for intellectual property that repel the office of protection of intellectual property rights granted the applicant a request.

Chapter III

RECEPTION, HANDLING THE OFFER OF PAUSE AS CUSTOMS PROCEDURE AND THE TEMPORARY PROCEDURE FOR CUSTOMS OF CUSTOMS.

What? 9. The regulation of filing recommended pause for customs procedure.

The subject of intellectual property rights or authorized persons to file a temporary halt as a customs procedure for the Customs Customs where the customs procedure is being carried out for the export shipment, which imports include:

1. The proposed pause for customs procedure in accordance with the number of 02-SHTT issued by this message: 01 main;

2. Office of the protection of industrial ownership or other document demonstrating industrial ownership is being protected in Vietnam or the Certificate of Registration Contracting to the use of an industrial ownership object; the Certificate of Registration Of Rights. author, the right to the right to the author, the right to the cultivable of plants or other documents that demonstrate the right to the author, the right to the right to the author, the right to the cultivable breed: 1 copy of the signed name, stamped the body of the owner of the intellectual property. Yes, the authority or the authority.

3. The detailed description of the goods invasion of intellectual property rights, photographs, real seclentified features with an invasion of intellectual property rights: 01 main;

4. List of exporters, legalization of goods that require oversight; list of persons with the ability to export, import goods to invade intellectual property rights: 1 major.

5. Proposition of a credit organization: 01 itself or a guaranteed sum of 3 Article 74 Customs Law.

What? 10. pause as customs procedure

1. Slowly 2 hours of work since the time of receiving enough of the prescribed dosages at Article 9 This April, if the application is accepted, the Customs Administration decides to pause as customs procedure in accordance with the 03-SHTT sample issued in accordance with the Information. Hey. The decision to pause is sent directly or by a security message, simultaneously faxing the organization, the individual involved.

2. The period of pause for customs procedure is 10 days of work since the day of the customs office decision making the decision to halt as customs procedure. In the case of referendation or consultation of professional opinion from the state governing bodies of intellectual property, the customs authority will continue to temporarily suspend customs until receiving the results of the monitoring or professional opinion.

After the applicant has the application to extend the amount of guarantee or certificate of bail under the rule of law, the Customs Department where the decision to pause makes a temporary extension of the time period under the grant of 04-SHTT attached to this Notice and notify the applicant, the owner and the relevant parties. The extension time is not more than 10 working days since the date of the extension decision.

3. During the pause or the time of application of regulatory deterred measures, the Customs Administration decides to pause the responsibility of carrying out the following work:

a) Request for the owner, the owner of intellectual property rights to provide documents that are related to goods (catalogs, monitoring, documentation, foreign documents, etc.).

b) The examiner ' s bridge at the customs professional organization or other regulatory organizations under the provisions of Article 40 of the Decree. 105 /2006/NĐ-CP September 22, 2006 of the Government regulates the details and guidelines of some of the provisions of the Intellecintellectual Property Law and the protection of intellectual property rights and the state management of intellectual property or consultation with the expertise of the State governing bodies of the country. Intellectual property to identify signs of intellectual property.

c) Offer organizations, individuals to sample to be prescribed by regulation at paragraph 2 Article 40 Decree. 105 /2006/NĐ-CP September 22, 2006 of the Government. The procedure for sampling, sampling techniques, where the sample store, the sample time of the goods performed in accordance with guidelines at the customs of customs procedures; inspection, customs oversight; export taxes, import duties and tax management for export goods, imports of the Ministry of Finance.

d) proceed with additional monitoring, reregulation by regulation at paragraph 13 Article 1 Resolution No. 1 119 /2010/ND-CP December 30, 2010 by the Government amended, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP September 22, 2010 Government.

Coordination, exchange with state governing bodies of intellectual property on the site when there is a dispute, complaints about the subject of rights, protecability, the scope of protection of intellectual property rights, the authority to process violations of the breach.

e) Report the Provincial Customs Service, City and Customs General to direct the settlement in time in the case of a temporary shipment of high value; the goods are suspected of violating the intellectual property rights of famous labels; the incident is related to many more. Local, state agencies, international organizations; the case with disputes, complaints about the subject of intellectual property rights, protecability, protection of intellectual property rights, jurisdiction over violation of violations.

4. End of the pause period as customs procedure or time applying regulatory deterred measures, the Customs Department where the decision to pause is responsible for carrying out one or simultaneously the following work:

a) The decision to enter the case of administrative procedure when it has affirmed that goods are suspended from an infringement of intellectual property rights on the basis of the intellectual property of the organization for intellectual property (in the case of a referendum); Italy. the expertise of the State governing bodies of intellectual property, other state governing bodies (in the case of professional opinion); documents, evidence provided by the intellectual property rights.

The decision to hold a cargo hold in the case of a basis of affirmalizing goods is halted as an intellectual property of intellectual property; goods that violate intellectual property rights are food items, food, pharmaceuticals, cosmetics, food, food, and food. Fertilizers, veterinary medicine, plant protection, construction materials.

Carrying out administrative violations of the behavior of intellectual property, the goods that violate the intellectual property according to the laws of law. In the 10-day period of work since the trial date of the execution effect, the Bureau of Customs informed the violi to pay the expenses that arise due to the behavior of the administrative breach caused and reimbursable to the person requesting it. This is a temporary guarantee of the payment of the deposit.

b) The case through examination of the validation of the goods suspended does not violate intellectual property rights, and further the customs procedure for the prescribed shipment at Article 11 of this.

c) Do it in accordance with the opinion of the court in the case of a person filing a civil suit.

d) The task of dealing with other intellectual property rights authorities processed in the case of a violation of the violation of the customs authority is not under the jurisdiction of the customs authority.

) halted processing after receiving the text of the state governing body for intellectual property announcing the dispute, complaints about the rights to the rights, the ability to protect, the scope of the protection of intellectual property rights.

e) Transfer to the authorities with the authority to conduct an investigation, the prosecution pursues to the rule of law in the case of determining violations of a criminal code according to regulation at the Penal Code.

5. The cases refused to accept the application:

The Chief of the Customs Administration has the text informing the applicant who does not accept the offer in the following circumstances:

a) The Customs Department does not address customs procedures for the export of export goods, importing the offer of pause as customs procedure;

b) The customs authority states that the applicant is not eligible for legal filing by law;

c) The applicant does not provide sufficient prescribed documents at Article 9 of this Information;

What? 11. Continue customs procedure

1. The Customs Section decided to temporarily halt its decision to continue as customs procedure for the prescribed shipment at paragraph 4 Article 76 Customs Law and inform stakeholders (according to the 05-SHTT model issued with this message).

2. In the 10-day period of work since the completion of the customs procedure for the temporary shipment, the Customs Administration has responsibility:

a) Notice for the owner of the intellectual property or the authorized person to perform payment for the owner of the expenses that arise under the regulation at paragraph 5 Article 76 Customs Law.

b) reimbursable the request for a halt as a guarantee of the guarantee of the guarantee by regulation at paragraph 6 Article 76 Customs Law.

Chapter IV

CHECK, MONITOR CUSTOMS FOR EXPORT GOODS, IMPORT TRESPASSING

INTELLECTUAL PROPERTY RIGHTS AND COUNTERFEIT GOODS

What? 12. Customs check

When the actual examination of the export of exports, imports, in addition to the prescribed implementation at the Regulatory Procedure of customs procedures; inspection, customs oversight; export tax, import tax and tax management on the export goods, imports of the Ministry of Finance. It ' s the customs, the customs.

1. Check out, deal with customs information on customs records of the name, label, export, value, packaging, commodity quality, freight route of goods with information in the data system. Lookup, monitoring of export goods, imports related to intellectual property, the portfolio of risk management of intellectual property and information collected by customs agencies to identify signs of goods that violate intellectual property rights, counterfeit goods.

2. The case of the goods in the field of specialized inspection is based on the conclusion of the specialized inspection agency to identify signs of counterfeit goods;

3. The reference to the test results with the provisions of the law on the goods invasion of intellectual property rights, counterfeit goods.

What? 13. Processing for counterfeit goods or goods with signs is counterfeit goods.

1. The case of the discovery of export goods, imports as counterfeit, applies deterred measures and sanctions under the rule of law on disposal of administrative violations.

2. The case of the discovery of exports of exports, the importation of signs is a counterfeit goods, the Customs General Branch asks the operator to provide a document related to the goods:

a) Contract for sale of goods or certificates of equivalent value: 01 screenshots;

b) Technical documentation or component analysis (if available): 01 screenshots.

3. The case that identifies the owner of the real goods is fazed by the fact that the owner of the real goods is made to provide documents that are related to the goods (such as: catalog, examiner's conclusions, documents from foreign countries, results processing similar cases). The undetermined case of the real owner, the customs records base, the actual commodity, the results of the analysis of the risk information on the goods and regulations of the law on counterfeit goods to determine; in coordination with the customs control force to investigate, confirm. (if necessary) or transfer information, the case files for the customs control force to investigate, verify and process by regulation at paragraph 4.

4. Verify that counterfeit goods:

a) During the time the goods are being held on hold or under the prescribed deterred measures, the Customs Administration is responsible for carrying out the following work:

A1) The owner requirement, the owner of the real goods being falsified (when determined to be the owner) provides documents that are related to the goods (such as: catalog, examiner's conclusions, documents from abroad, results processing similar cases).

A.2) Coordinate with the owner, the real owner who is falsied as a judge for the organization of the operation designated by the designated technical organization or the designated trader (for the case of the specified technical organization). The text refused, and the base concluded that it was the basis of execution. If the observer does not agree to this conclusion, the law enforcement is done.

The procedure for sampling, sampling techniques follow instructions on customs regulation of customs procedure; inspection, customs oversight; export taxes, import duties, and tax management for export goods, the importation of the Ministry of Finance.

A.3) Coordinate with anti-smuggling control forces in verification work, regulatory pursuits.

A.4) Report of the Provincial Customs Service, the intercity, the Central City of Central (later called the Provincial Bureau of the Province, the City) and the Bureau of Customs to promptly direct the settlement to complex cases, large valuing goods, related to many more. Local, state agency, international organization.

b) The end of the period of retention or during the application of prescribed deterred measures, if sufficient basis for the conclusion of a commodity conclusion is suspected of being counterfeit, the customs agency conducts violations under the rule of law.

c) The case of a commodity conclusion is not a counterfeit, customs agency that continues the procedure of the prescribed goods. The settlement of the complaint or claim damages caused by the retention of the goods of the owner's customs agency is carried out under the current regulations on the settlement of the complaint and damages of damages.

What? 14. Processing for a commodity with signs of infringement of intellectual property rights

1. The Customs Department informs the applicant requesting the inspection, which oversees the goods with signs of an infringement of intellectual property rights according to the number of 6-year-old-issued patent issued, accompanied by the image of suspected goods trespassing on intellectual property rights (if any).

2. During the 5-day period of work since the announcement date, the Customs Administration is responsible for carrying out the following work:

a) The case of receiving a petition for a halt as a customs procedure or unregistered examination, monitoring of intellectual property at the customs authority but the subject of intellectual property rights has a proposal to pause as a written customs procedure, if the owner of the office is suspended. The intellectual is the law of law enforcement at the order of three Articles 74 Customs Law:

1) The decision to suspend customs proceedings against the suspected shipment of intellectual property rights.

A.2) The case with sufficient basis of affirmalization in accordance with the announcement of an invasion of intellectual property rights, the Chief Minister of the Department of Customs considers the decision to apply immediately to administrative measures to be processed under regulation at Article 214 and Article 215 of the Law of Intellectual Property. In general, we coordinate with the force that controls the level to verify, gather information about the prescribed goods.

b) The case of intellectual property rights without a single or no text offers a temporary halt as customs procedure but performs regulatory obligations at paragraph 3 Article 74 Customs Law or having a temporary offer of pause as customs procedure but is not practical. The obligations stipulated at 3 Articles 74 Customs Law does not perform a halt as customs procedure for shipment except for the case of intellectual property forgery.

3. The case with no information requires protection of intellectual property rights but during the inspection of the customs records, the actual examination of the goods, the customs agency that discovered imported goods that had signs of an invasion of intellectual property rights carried out the audit. The practice of goods, samples or photographs of goods, and in conjunction with the controlling unit of intellectual property at the Bureau of Customs, the Bureau of Provincial Customs, the city to decide whether to either cargo or hold goods if the signs are determined. A breach.

Chapter V.

CUSTOMS CONTROL OVER COUNTERFEIT GOODS, GOODS ENCROASSING ON INTELLECTUAL PROPERTY RIGHTS.

What? 15. Responsibility, jurisdiction of the customs control force

1. The scope of the responsibility of the customs control force in anti-counterfeit and cargo aggression violates the intellectual property rights under regulation at Article 88 Customs Law and Numbers Decree No. 1. 01 /2015/NĐ-CP 02/01/2015 The government regulates the scope of the customs of the customs operation; coordination in the room, anti-smuggling, illegal shipping of goods across the border.

2. When carrying out customs control over counterfeit goods, goods from the intellectual property rights, customs control forces have the authority to apply customs control of customs under regulation at the International Decree of the United States and the United States. 08 /2015/NĐ-CP January 21, 2015 of the Government to detect, conduct investigation, arrest and dispose of the goods of intellectual property rights and counterfeit goods under the rule of law.

3. When carrying out the mission, the customs control force is entitled to the requirements of the agencies, organizations, individuals involved, the customs unit of the supply of records, documents, co-ordination, facilitation, facilitation of function.

What? 16. Career deployment

1. The active customs control force collects information under the rule of law to capture the situation and detect objects, methods, and criminal activities related to counterfeit goods and goods from intellectual property rights.

2. When receiving or detection of information about counterfeit goods, goods from an intellectual property rights, it is either directly examining or coordinating with the Customs Administration where customs procedures are made for inspection. A reference to the relevant laws of law and the fact that the goods were discovered in order to make a decision to hold the goods.

3. Progress collection, verification of evidence, test, reference, assessment of information provided regarding counterfeit goods, the invasion of intellectual property rights to the fact that the goods are being held, paused to determine the goods of the breach.

4. The case with the base to determine the goods of the breach, the execution or coordination with the Customs Customs where customs procedure applies deterred measures under the rule of law on disposal of administrative violations. The absence of a facility to determine the goods of the breach is to move the case to the Customs Customs where customs procedure continues as the customs procedure for the prescribed shipment at this level.

Chapter VI

EXECUTION CLAUSE

What? 17. Responsibility

1. The Bureau General is responsible for guidance, directing the units directly to the specific implementation of the regulations at this level.

2. Customs Enforcement, Customs Enforcement, who filed a request for inspection, monitoring of export goods, imports with a request for protection of intellectual property rights, violations of the violation and organizations, the relevant individual responsible for carrying out the current regulation. That's what I'm talking about.

What? 18. Effect of execution

This announcement came into effect from March 15, 2015 and replaces the Digital Information Digital. 44 /2011/TT-BTC April 11, 2011 of the Minister of Finance guidance on anti-counterfeit and intellectual property rights protection in the field of customs of the previous guidance documents left with regulation at this Smart ./.

KT. MINISTER.
Chief.

(signed)

Đỗ Anh Tuan