Vietnam tightens customs powers to curb counterfeit goods

Vietnam's National Assembly has approved amendments to the country's customs law, granting customs authorities expanded powers to intercept counterfeit and intellectual property-infringing goods. The revised legislation, passed on Sunday, is set to take effect in March 2027.

The move comes months after the U.S. Trade Representative launched a Section 301 investigation into Vietnam's intellectual property regime in May. Washington had designated Vietnam a "priority foreign country" in its annual Special 301 review, citing widespread counterfeiting, weak border enforcement, and the limited use of customs' authority to seize suspected fake goods on its own initiative.

Under the amended law, customs enforcement provisions now extend beyond imported and exported goods to include shipments transiting through Vietnam. This broadens the range of consignments that customs authorities may inspect and intervene on.

Customs officials retain the power to suspend clearance when rights holders provide evidence of possible infringement along with a financial guarantee. Additionally, officers may proactively halt clearance of imported, exported, or transit goods when there are clear signs of counterfeiting or other IP violations.

The amendments also introduce new rules for goods traded through e-commerce platforms, responding to Vietnam's rapid growth in cross-border online shopping, much of which is supplied by Chinese merchants. Goods imported and exported via e-commerce will now be subject to standard customs procedures and supervision. Platform operators and logistics providers will be required to share relevant information with customs authorities upon request.