On 31 March 2008, General Department of Vietnam Customs issued Decision No. 916/QĐ-TCHQ on the Issuance of Regulation on the acceptance of Request for control of import/export goods related to intellectual property.

Highlights of the Regulation are as follows:

o Custom Offices are regulated to accept the Request for applying control and supervision measures on import/export goods related to intellectual property (the Request), including: Request for applying measures of investigation, supervision on import/export goods related to intellectual property and Requests for suspension of custom procedures as to these goods.

o The Investigation and Enforcement Department under the General Department of Vietnam Customs has the authority to accept the Requests if the scope of Request for applying measures of inspection of import/export goods related to intellectual property belongs to two (02) Departments of Custom of provinces, inter-provinces. Departments of Custom of provinces, inter-provinces and Agencies of Custom have the authority to accept the Requests belonging to their fields of action.

o Within 30 days from the date of receiving the Request or within 24 working hours from the time of receiving the Requests for suspension of custom procedures in each specific case, Custom Offices that receive the Requests have the obligation to check and inform the applicants of the consideration and settlement of such Requests of the Custom Offices according to the law.

o The Departments of Custom of provinces receiving the Request shall inform the General Department of Vietnam Customs in writing and simultaneously inform and transfer the Requests, documentation, evidences, related objects to the in-charged Agencies of Custom related functioning Boards and Control Units under the Departments of Custom of provinces to proceed with control and supervision measures. The receiving Agencies of Custom shall inform the Departments of Custom of provinces in writing and simultaneously inform and transfer the Requests, documentation, evidences, related objects to the related Units, competent Groups, and individuals to proceed with control and supervision measures.

o Custom Office shall notify the cancellation of applying control measures in the following cases: (i) IP right owner or his/her legally authorized person has sent a letter to the Custom Office informing of the change or termination of the authorized person for initially filing the Request; (ii) IP right owner or his/her legally authorized person has sent to the Custom Office a request for terminating the of applying the Custom Office’s control measures as to the goods claimed for protection; (iii) the applicant does not file request for extension of time beyond the time-limit of validation of the Request.