Pursuant to the law of intellectual property of 50/2005/QH11 on November 29, 2005; Law on amendments and supplements to some articles of the law on intellectual property number 36/2009/QH12 on October 19, 2009-6th;

Grounded customs law No. 29/2001/QH10 on 29 June 2001; Law on amendments and supplements to some articles of the Customs Law No. 42/2005/QH11 on Jun. 14, 2005;

Pursuant to the law the complaint, report No. 09/1998/QH10 on 02 December 1998; Law on amendments and supplements to some articles of the law the complaint, report No. 26/2004/QH11 on June 15, 2004; Law on amendments and supplements to some articles of the law on complaints and denunciation of 58/2005/QH10 on November 29, 2005;

Basing the Ordinance handling administrative violations July 7, 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations March 2008;

Pursuant to Decree No. 119/2010/ND-CP on December 30, 2010 the Government's amendments and supplements to some articles of Decree No. 105/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on the protection of intellectual property the intellectual property rights and state management of intellectual property;

Pursuant to Decree No. 154/2005/ND-CP dated 15 December 2005 from the Government detailing some of the customs law on customs, inspection, customs supervision;

Pursuant to decision No. 65/2009/QD-TTg on October 25, 2010 Prime Minister's Government issued the regulations on the responsibilities and relations of coordination of activities between the State administration in the fight against smuggling, counterfeiting and commercial fraud;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and structure of the Ministry of finance;

Implementation of the Government's resolution No. 25/NQ-CP on 02 June 2010 about simplifying the administrative procedures within the Department's management functions, industries and number 68/NQ-CP on December 27, 2010 about the simplification of administrative procedures in the scope of the management function of the Ministry of finance;

The Ministry of finance guidelines on work against counterfeiting and intellectual property right protection in the field of customs as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides on the work of anti-counterfeiting and intellectual property right protection in the field of customs.

Article 2. The object to apply the customs agency level; exporters, importers; the Organization, the individual is the owner of the intellectual property rights, home owners being real or legal representative of the owner; organizations and individuals concerned.

Article 3. Explanation of terms the terms used in this circular are interpreted as follows: 1. Counterfeit goods include: a) Fake quality and uses: the goods have no use value or use value is not true to the origin, nature, and uses of the goods;

b) forge brand goods, packaging of goods: the goods are fake names, addresses of other traders on the label or packaging of the same type of goods; fake goods instructions about the origin of the goods or where production, packing, assembling on the label or packaging of the goods;

c) counterfeit of intellectual property under the provisions of article 213 intellectual property Law including goods with trademarks, signs of infection or hard to distinguish trademarks, geographical indications are protected uses for the item without permission of the owner of the trademark or of the governing geographical indications; of goods is manufactured copies without permission of the owner of copyright or related rights;

d) kinds of decals, stamps, postage stamps and counterfeit-resistant quality, warranty, sealed off the membrane co. goods with fake names, addresses of traders, the origin of the goods, the place of production, packing, Assembly;

e) for goods in an professional management if the law regulates those provisions shall apply to identify counterfeit goods.

2. Protection of intellectual property rights in the field of Customs is the Customs authorities apply the control measures, the export and import of goods related to intellectual property, as defined in article 216, section 2, Chapter XVIII of intellectual Law and remedies prescribed in clause 8 , 9, 10, article 4, chapter I and chapter III, section 5 customs law and other legal documents related to the discovery, struggling and disposal of infringement of intellectual property rights in the field of customs.

3. Pause do customs procedures for goods suspected of infringing intellectual property rights is being conducted at the request of the subject of intellectual property rights in order to collect information and evidence about the shipment to the subject of intellectual property rights made the request handling rights infringement of rights and the requirement to apply the temporary emergency measures time or other preventive measures and ensure the administrative sanctions.

4. Check the customs of imitation infringing intellectual property rights is to check customs records, and related vouchers fact check of goods, means of transport by the Customs to detect suspect goods are counterfeit, infringing of intellectual property rights.

5. Customs surveillance of counterfeiting, intellectual property rights violations are a business measures by Customs authorities apply to ensure the status quo of goods are subject to customs management.

6. Customs control of counterfeit goods infringing intellectual property rights are the measure of patrol, investigations or other professional measures by Customs authorities apply to prevention of smuggling, illegal transport of goods is counterfeit, infringing of intellectual property rights across borders.

7. The petition included: petition to check, monitor exports, imports related to intellectual and petition to halt the procedure of Customs (forms are attached to this circular).

8. The applicant requested is the subject of ownership of intellectual property rights (including the rights of owners of intellectual property and the Organization, individuals are rights owners intellectual property rights transfer) or who are the subject of intellectual property rights, legal authorization.

9. intellectual property rights infringement is the acts referred to in articles 28, article 35, article 126, 127, 129 and article 188 intellectual property Law.

Article 4. Rights and obligations of the Organization, the individual concerned 1. Are the Customs confidential commercial information provided to customs, except the cases must give the relevant authorities according to the provisions of the law.

2. The subject of ownership of intellectual property rights, the owner of the goods being real or representative authorized to legally be participating along with the customs authority to check the activities, monitoring, control, verify, collect evidence, identify the goods infringing intellectual property rights , false, the process of handling goods, exhibits the violation, except where necessary to protect trade secrets, State secrets as prescribed by law.

3. The complaint, grievance decisions dealt imitation infringe intellectual property rights, the application of measures to control the export and import of goods related to the intellectual property of the Customs according to the provisions of the law on complaints and denunciation and the law on the procedure of resolving administrative cases.

4. give the Customs authorities the information and documents related to export and import goods suspected infringing intellectual property rights, counterfeiting.

5. Support for and coordination with customs authorities in the handling, destruction of goods infringing intellectual property rights, counterfeiting.

Article 5. Powers and responsibilities of the customs 1. Deploy application test measures, customs supervision, customs control under the provisions of the customs laws, commercial law and intellectual property law with respect to goods suspected to be counterfeit, infringing of intellectual property rights.

2. Explain, guide the Organization, individuals comply with the provisions of the law on anti-counterfeiting and enforcement of intellectual property rights protection, the provisions of the customs law, intellectual property Law and guidance in this circular. Notice in writing to the organisation or individual concerned about the results solve, handle the incident.

3. In cooperation with the State administration, the forces can function against counterfeiting and intellectual property right protection in the struggle, handle imitation infringe the intellectual property rights in accordance with the current legislation.  

4. Requests the relevant organizations, individuals submit, present the documents and vouchers are concerned to explain, clarify the suspicion of the Customs Office of export and import goods infringing intellectual property rights, counterfeiting.

5. Resolved complaints, complaints of organizations and individuals concerned about the disposal of counterfeit goods infringing intellectual property rights and the application of measures to control the export and import of goods related to the intellectual property of the customs in accordance with the law.

6. Prepare the report, document retention, records are relevant to the work of anti-counterfeiting and intellectual property rights protection according to the regulations of the customs sector.

Chapter II inspection, CUSTOMS SUPERVISION and CUSTOMS CONTROL of counterfeit GOODS RELATED to the INTELLECTUAL PROPERTY RIGHTS section 1 checks, CUSTOMS SUPERVISION for COUNTERFEITING DURING CUSTOMS PROCEDURES article 6. Customs inspection 1. In the process of customs procedures for goods for export, import, customs is responsible for: a) check and contrast between the Declaration of information on Customs Declaration of goods, trademarks, name, origin, value, packing, quality of goods, cargo transport routes with the information collected by the Customs authorities to identify definite signs of counterfeiting.

b) check and contrast between the content of the conclusions of the governing body of the State of export, import, customs records test results with the actual test results.

c) compare the test results with the provisions of the laws on counterfeiting.

2. When goods detected signs of violation in cases such as:


-Imported goods do not comply with the labelling of the goods in accordance with the Decree 89/2006/ND-CP on 30/09/2006 the Government labeling of goods. For example: food additive not on record production, manuals; imported cosmetics do not record the quantities, composition.

-The conclusions of the State inspection of quality of results or quality of goods determines the quality merchandise imports, exports; does not meet standards, Vietnam technical regulation. For example, imported wines not reaching Vietnam standard or non standard was published; imported pharmaceutical drug but not properly registered content or substance other than indicated on the label of the drug.

-List goods or notification of the State Administration does not meet the quality standards or are not allowed to circulate in the market. For example, the native import pharmaceutical products under the Agency's notice of health suspended circulation due to substandard quality.

-The content recorded on the label of the goods not in accordance with the documentation accompanying the product, standards, conformity marks marks; overdue goods used or signs erased limits use on product packaging.

-The use of other manufacturer's packaging to close up on the product or on the product barcode, barcode recordings not listed on the product do not fit the origin declared on customs declarations, certificates of origin.

Head of the Bureau of customs where the goods breach detection considering the decision to apply measures to prevent administrative violations and ensure the administrative sanctions under current rules and conduct verification measures regarding the goods according to the provisions of article 7 of this circular.

3. where goods detected signs of violation according to information by the owner of the goods being supplied, the real leader of the Bureau of customs where the goods had detected suspected offence has the responsibility to immediately notify real goods owners being aware, at the same time consider the decision to apply the measures taken prevent administrative violations and ensure the sanction the current rules and conduct verification measures regarding the goods according to the provisions of article 7 of this circular.

Article 7. The verification and processing of goods 1. During the time the goods are detained or apply the preventive measures prescribed, the Bureau of customs are responsible to perform the following operations: a) require shippers, cargo owners, being true (as confirmed proprietor) provide documents related to goods (catalog , concluded the assessment, material from overseas, results of handling similar incidents. ...).

b) coordinate with shippers, cargo owners, being real, uniform sampling options traders assess examiners. The conclusion of the traders valuable expertise to the parties made.

c) where the Customs and non-customs system in the selection of the examiner, the merchants Customs Organization technical options specified check state management service or the trader examination (for cases specified engineering organization check writing to reject). The conclusions of the technical organization assigned check in service governance or traders valuable expertise to the parties made. If the Customs don't agree with this conclusion then made a complaint under the provisions of the law.

Procedure for sampling, sampling techniques, where to save the template, save the template, save time photo of the goods made according to the instructions in paragraph 3, 4, 5, 6, 7 article 15, circular No. 194/2009/TT-BTC on 06 December 2010 of the Ministry of finance.

d) in combination with the control force against smuggling in the verification work, professional investigation under regulation.

e) report Bureau of Customs Department, the city and the General Department of customs to timely direction to solve for the complex case, large, valuable goods involving many local, State authorities, international organizations.

f) decided to temporarily put on preserving row room award according to the provisions in clause 4, article 25 customs law amended and supplemented in 2005 in case owners have put goods requirements on preserving.

3. The end of the term of custody or the time to apply the preventive measures prescribed, if sufficient basis to conclude the goods suspected of being counterfeit goods, the Customs processing of administrative violation according to the provisions in chapter IV circular.

4. where the goods violate signs that crime as defined in the criminal code, the Customs authorities are responsible for the competent authority to conduct the investigation, the prosecution under the provisions of the law.

5. Complete the customs procedures for the shipment in the event of the conclusion of the goods is not counterfeit. The resolution of a complaint or claim damages due to the custody of the customs cause of shippers is done according to the current rules on complaints and compensation.

Section 2 inspection, CUSTOMS SUPERVISION OF GOODS RELATED to INTELLECTUAL PROPERTY RIGHTS in the PROCESS of MAKING CUSTOMS PROCEDURES article 8. Customs inspection 1. In the process of customs procedures for export and import goods, the customs authority is responsible for: a) check and contrast between the Declaration of information on Customs Declaration of goods, trademarks, name, origin, value, packing, quality of the goods, the transport route of the goods with the information in the data system of petition check, monitoring the export and import of goods related to intellectual property, risk management category of intellectual property and the information collected by the Customs authorities to identify signs of goods infringing intellectual property rights.

b) contrast between test results customs records, actual testing and test results information with the provisions of the law of goods infringing intellectual property rights and the rules of procedure to control the export and import of goods related to intellectual property.

2. When goods suspected infringing intellectual property rights, customs Bureau made the notification prescribed in article 9 of this circular.

3. in case no information required to protect intellectual property rights but in the screening process, the Bureau of customs to detect and suspected counterfeit goods of intellectual property (e.g., goods bearing the mark of the Vietnam business but was imported from overseas without the contract work).

Customs Bureau leader directing the reality check of the goods, sampling or photograph on merchandise, exchanging and providing information related with specializes on intellectual property at the General Department of customs, the Bureau of customs, the city decided the completion of customs procedures or the custody of goods if identification is questionable.    

Article 9. Notice of suspected goods 1. Customs Bureau informs the applicant about the suspect goods (according to the model number 03-INTELLECTUAL PROPERTY RIGHTS attached to this circular) simultaneous fax for the applicant to know.

2. During the three (3) working days from the date of notification of suspicious goods, customs Bureau is responsible for performing the following tasks: a) the decision to pause the customs procedures after receiving the petition to halt the procedure and amount (equal to 20% of the value of the shipment should adopt measures to halt sea procedures or a minimum of twenty million if unable to determine the value of that shipment) or certificate from the guarantee of a bank or other credit institution's prescribed in clause 2, article 217 intellectual property Law.

b) where there is sufficient basis of affirming the goods were reported as fake about the intellectual, leadership review Bureau decided to adopt administrative measures to handle according to the provisions of article 215 and article 214 of intellectual property Law. At the same time, in coordination with the force to control the level to verify, collect information about the goods according to the regulation.

c) continue to make customs procedures for shipment in case of not receiving the petition to halt procedures of customs, does not receive funds or guarantee from the guarantee.

Article 10. Pause the customs procedures 1. Customs Bureau decided to pause the customs procedures (in the form of 4-INTELLECTUAL PROPERTY RIGHTS attached to this circular). The decision to pause was sent by mail and fax at the same time to the parties concerned.

2. The time limit for temporary stop making customs procedures is 10 (ten) working days from the date the applicant requested pause receive decided to pause the customs procedures. The case arose on the assessment or consult a specialist from the State Agency on intellectual property, Customs will continue to pause to do customs until the examiner get the results or expertise.

Customs Bureau where the decision to pause execution of the extension of the pause time after the applicant has an application for renewal with funds guaranteed or voucher guarantee according to the provisions of the law and notify the applicant, shippers and other parties concerned to know (in the form of 5-INTELLECTUAL PROPERTY RIGHTS attached to this circular).

3. During the period of suspension or the time to apply the preventive measures prescribed, the Customs Bureau where the decision to pause is responsible for performing the following tasks: a), request the owner of the intellectual property rights to provide documents related to goods (catalog , concluded the assessment, material from overseas, results of handling similar incidents. ...).

b) directly in the referendum authorities according to the provisions in clause 1, article 40, the Decree 105/2006/ND-CP of December 22, 2006 by Government or professional consultation of the State Agency on intellectual property.

c) Organization for organizations and individuals to make the right sampling inspection requirements as specified in paragraph 2, the Decree 105/2006/ND-CP of September 22, 2006. Procedure for sampling, sampling techniques, where to save the template, save the template time of goods made according to the instructions in paragraph 3, 4, 5, 6, article 15 circular No. 194/2009/TT-BTC on 06 December 2010 of the Ministry of finance.


d) conducted the assessment, additional inspections under the provisions of article 50, Decree No. 119/2010/ND-CP on December 30, 2010 the Government's amendments and supplements to some articles of Decree No. 105/2006/ND-CP of December 22, 2010 by the Government.

e) coordination, correspondence with the State Agency on intellectual property of the locality when there arose disputes, complaints about owner rights, the possibility of protection, the scope of protection of intellectual property rights, the authority handling violations.

g) report Bureau of Customs Department, the city and the General Department of customs to steer promptly in case of shipment halt great value; the goods suspected of infringing intellectual property rights of famous brands; the incident is related to the many local, State agencies, international organizations; there arose disputes, complaints about owner rights, the possibility of protection, the scope of protection of intellectual property rights, the authority handling violations.    

4. The end of time to pause to do customs procedures or time to apply the preventive measures prescribed, the Customs Bureau where the decision to pause there shall make one or simultaneously perform the following tasks: a) the decision by the administrative procedure when goods were confirmed paused infringe the intellectual property rights on the basis of the conclusion about the Organization's intellectual expertise on intellectual property (in case of referendum examiner); expertise of the State Agency on intellectual property, the other State management bodies (in the case of professional opinion); documentary evidence by subject intellectual property rights provides.

Decide the custody of goods in case of affirmative basis commodities paused is false about intellectual property; goods infringing intellectual property rights are food items, food, pharmaceutical, cosmetics, food is used for animal feed, fertilizer, veterinary medicine, plant protection, building materials.

b) complete the customs procedures for goods paused as defined in article 11 of this circular.

c) follow the opinion of the Court in the case who filed the petition.

d) handing the case to the Agency for enforcement of other intellectual property rights in the processing of cases identified violations of the disposal not under the control of the customs authority.

e) pause the processing after receiving the text of the State Agency on intellectual property notices of dispute, complaints about owner rights, the possibility of protection, the scope of protection of intellectual property rights.

g) transfer to the competent authorities to conduct investigation, prosecution under the provisions of the law in cases pinpoint violations have signs of crime as defined in the criminal code.

Article 11. Continue to make customs procedures 1. Customs Bureau decided to pause is responsible for the decision to continue making customs procedures for shipment and notify the parties involved know (according to the model number 06-INTELLECTUAL PROPERTY RIGHTS attached to this circular) in the following cases: a) not received the text of the Court confirmed receiving the petition to resolve disputes about intellectual property rights violations related to the the shipment is paused do customs and does not decide the case according to the procedures of handling administrative violations with respect to the export and import shipments.

b) decided to pause the customs procedure is suspended or revoked under the complaint resolution decision, accusations;

c) Who asked to withdraw the petition to halt the procedure of customs unless the merchandise export and import is the counterfeit of intellectual property; the stamps, labels, other items bearing trademark, geographical indication.

d) conclusions of the competent agency about not enough base to determine infringement.

e) other circumstances as stipulated by law.

2. in the period of 10 (ten) working days from the date of completion of customs clearance for the shipment was halted, the Bureau of customs are responsible for: a) the notice in writing that forces the required pause do customs to pay the cost of storing, storage of goods and other costs incurred for customs authorities and bodies other individuals, organizations, relevant provisions of customs legislation.

b) returned to the person who asked to pause to do customs guarantee amount left after having done the compensation obligation and payment of the prescribed fee.

Section 3 CUSTOMS CONTROL of counterfeit GOODS RELATING to INTELLECTUAL PROPERTY, article 12. The responsibility of the customs control 1. Customs control force applied measures customs control services as stipulated in decision No. 65/2004/QD-TTg dated 19 April 2004 from the Prime Minister's to conduct the investigation, detection, arrest and process the goods infringing intellectual property rights and counterfeiting as prescribed by law.

Within the area of operation of customs, customs control forces are responsible for the control of counterfeit goods relating to intellectual property rights.

Outside the area of operation of customs, customs control forces are responsible for coordination with the relevant authorities implement measures to check, and handled as prescribed.

2. When performing their duties, customs control force was right to ask the relevant people, organization, customs unit levels provide the records, document, coordinate, create the conditions to carry out the functions and tasks assigned.

Article 13. Professional deployment control 1. Customs control forces actively collect information according to the provisions of the law to grasp the situation and found the objects, methods, tricks works violate related to counterfeit goods and goods infringing intellectual property rights.

2. When receiving or discovering information about counterfeit goods infringing intellectual property rights, then test directly or in collaboration with the Bureau of customs procedures to the test. Against the legal provisions involved and the fact the goods were discovered to decide custody of the goods.

3. Proceed to collect, verify, test evidence, collated, assessed the information provided related to counterfeiting, intellectual property-rights violations with real goods are detained, pauses to determine the goods violate.

4. where there are grounds for identifying goods infringing, then apply the preventive measures prescribed by the law on the handling of administrative violations and implement the next step stipulated in chapter IV of this circular. The case has no basis to identify the offending goods shall transfer the record for customs Bureau continues to do the customs clearance for the shipment.

Chapter III RECEIVING and SETTLING PETITIONS to CONTROL EXPORT and import RELATED to article 14 INTELLECTUAL. Regulation on Petitions 1. The applicant submitted to the customs authority a single main 01 (according to model No. 01-IPR, no. 02-INTELLECTUAL PROPERTY RIGHTS attached to this circular) when requesting a check, monitoring or request pauses make customs procedures.

2. The authority receiving the petition.

a) General Directorate of Customs (anti-smuggling Bureau of investigation) receiving the petition checking, monitoring the import, export goods involving intellectual property.

b) General Directorate of Customs (anti-smuggling Bureau of investigation), the Bureau of customs of the city, and the Bureau of customs to receive the petition to halt customs procedures.

3. The duration of the effect.

a) petition to check, monitor exports, imports related to intellectual validity duration in time 1 (one) year from the time of the Customs Agency notice of acceptance and be extended more 1 (one) year when the applicant had requested the extension.

b) during 10 (ten) days from the date of receipt of the proposed extension of the effect of the petition examination, monitoring the import, export goods involving intellectual property, Of the Bureau of Customs (anti smuggling Investigation Bureau) is responsible for notifying the applicant and customs units concerned about results processing.

4. The applicant is responsible to notify the Customs about the change of content requirements (including narrow/expand objects of intellectual rights, narrow/expand the category of the goods require inspection, monitoring) during the petition to that effect.

Article 15. Attached document requirements 1. Applicants are responsible for submitting to the customs authority a copy copies of the applicant the following documentation, each document type 1 a. Suspects of the documents filed by the applicant, the customs are collated with the originals to ensure accuracy.

a) evidence demonstrating the subject's rights as stipulated in article 24 of Decree 119/2010/ND-CP on December 30, 2010 by the Government.

b) documents relating to the goods require inspection, customs surveillance, including: a list of the export, import, goods lawfully; The export method, the real import; A distinguish every truth-counterfeiting; Documents about the origin of the real, real photo.

c) power of attorney or contract of authorisation the applicant (for the case of authorized applicant) in the case of authorizations. Power of Attorney from abroad must be legalized by the Consulate.

d) anticipated information on time and location procedures for export and import of goods (if applicable).

e) results of the Organization's assessment of intellectual assessment (if any).

g) concluded the disposal of other enforcement agencies for similar violations were detected and processed (if available).

h) or evidence of payment from the guarantee of a bank or by credit institutions to ensure the implementation of relevant obligations in case the requested pause do customs procedures prescribed in clause 2, article 217 intellectual property Law.

2. The papers specified in point 1 of this paragraph, if submitted to the Customs authorities at the petition checking, monitoring of goods related to intellectual property, then when the petition for suspension of customs clearance of applicants not to file.


3. The applicant may submit to the Customs the documents specified in article 14, 15 this circular in the form of text and electronic file, floppy.

Article 16. Check for and handle unit 1. Single test content.

a) petition, the relevant documents were in full in accordance with clause 1, article 14, paragraph 1 and article 15 circular.  

b the receiving jurisdiction) menu of the customs authority.

c) the status of the applicant as prescribed by law.

d) time limits the validity of the diploma in intellectual property rights protection.

e) document, specimens, artifacts (or snapshot) that match the content intellectual property rights require protection or content to denounce violations.

g) authorized content consistent with the functioning of the Customs and of the applicant (case filing authorization).

2. The time limit for processing the application.

Slow for 20 (twenty) days from the date of the petition examination, monitoring the import, export and the slowest of 16 (sixteen) hours of work since the time of receiving the petition to halt procedures of customs, customs agency receiving unit is responsible for notification in writing to the applicant of acceptance or non-acceptance of the application. For the petition to halt procedures of customs, customs Bureau decision to pause to do customs in lieu of the notice of acceptance.

3. Refuse to accept the application.

Customs Agency refused to accept in the case.

a Single incorrect sent bodies) competent to receive the application.

b) has confirmed the applicant is not eligible to apply under the provisions of the law.

c) has omissions and although it was repaired but the applicant still does not fix or repair is not satisfactory.

d) time in accepting the application, the Customs authorities received the text of the State Agency on intellectual property notices of dispute, complaints about owner rights, the possibility of protection, the scope of protection of intellectual property rights.

4. Implementing the petition checking, monitoring the import, export goods.

a) General Directorate of Customs (anti-smuggling Bureau of investigation) to transfer application and notice of acceptance to the single customs Bureau of the province, the city, the team directly under the control of the anti-smuggling Bureau of investigation.

b) Bureau of customs in the province, the city received notices, menus from the General Department of customs and transferred to the Bureau of customs, related function Rooms and customs control in the Bureau.

c) Customs Bureau receives notifications, applications from the Bureau of customs in the province, city and moved to the Team, the business, the individual involved.

5. Implementing the petition to halt customs procedures.

a) based on the nature, the extent of the incident and of the violation or each specific case, the receiver will send directly to customs Sub-Department where customs procedures for goods suspected of infringing or force control against smuggling to implementation in case the receiver menu is the General Department of customs, the Customs Bureau , the city.

b) leader of the Bureau of customs are responsible to organize, deploy to the teams, the profession and the individuals involved to make in case customs agency receiving the application.

Article 17. Termination of validity Of petition the Bureau of Customs (anti-smuggling Bureau of investigation) has the responsibility to notify the relevant customs units regarding the petition for cancellation checking, monitoring the export and import of goods related to the intellectual property in the case.

a) applicants have proposed text termination checking, monitoring of the Customs for goods requiring protection.

b) expiry of validity of petition to check, monitor, the applicant has no van a renewal proposal.

c) State Agency on intellectual property a written notice of cancellation by the intellectual property rights protection has been granted to the person who filed the petition.

Chapter IV HANDLING of breach of article 18. Determine the value of the goods breach 1. The value of the goods infringing intellectual property rights, counterfeiting in the area of Customs is determined on the basis of the value of the goods declaration on customs declarations including the type of tax (if any). The value of the goods and the base price must be recorded clearly in the minutes of the administrative offense and kept in the records.

If the basis of affirming the value of cargo shippers to declare on a customs declaration is not accurate, the Customs proceed to determine the value according to the current rules on determining customs value at the time of setting the minutes of administrative violations.

2. where the goods infringing industrial property rights did not determine the customs value, pursuant to the provisions in paragraph 13 article 10, paragraph 12 article 11, paragraph 10 article 12, paragraph 8 article 14 of Decree 97/2009/ND-CP dated 21 September 2010 to apply sanctions against money held personally, there are violations.

3. in case of false valuation according to the other base, follow the instructions in paragraph 2 to article 63 Decree 06/2008/ND-CP dated 16 January 2008 by the Government.

Article 19. Handling of infringement of intellectual property rights 1. The handling of infringement of intellectual property rights, goods infringing intellectual property rights follow instructions in Decree No. 97/2010/ND-CP on November 21, 2010, Decree No. 47/2009/ND-CP of August 13, 2009, Decree No. 54/2005/ND-CP dated 27 April, 2005 and the related legal documents.

2. Within a period of 10 (ten) working days from the date of the decision to effect sanctions enforcement, the customs authority is responsible for: a) the written notice required violators to pay the expenses incurred by the administrative violations caused.

b) returned to the person who asked to pause to do customs guarantee amount already paid.

Article 20. Handling violations of counterfeiting (excluding counterfeit of intellectual property) for handling violations following the instructions in the Decree No. 6/2008/ND-CP dated 16 January 2008, Decree No. 112/2010/ND-CP on December 1st, 2010 by Government and the guidance documents.

Chapter V IMPLEMENTATION article 21. Responsible for implementation 1. General Department of Customs is responsible for guiding and directing the subdivisions made specifically to the provisions of this circular.

2. the customs authority, the customs, the applicant is required to control the export and import of goods related to the intellectual, who denounce the violation and the organizations and individuals involved have a responsibility to follow the rules and guidelines of this circular.

Article 22. Rewards and handle breach 1. Customs, customs officers have achievements in the work against counterfeiting and intellectual property rights protection are reviewed according to the current regulations reward.

2. the customs authority, customs officers lacking responsibility, causing damage to the applicant, the owner of the goods infringed intellectual property rights or the goods were fake, people make customs procedures, then depending on the nature and extent of the violation will be disciplined or prejudice criminal liability under the law.

Article 23. Effect 1. This circular has effect from May 19, 2011, replacing the previous tutorial text contrary to the provisions of this circular.

2. The process of implementation, if any obstacles to timely reflect the recommendations of the Ministry of finance to study the resolution.