A customs recordal in Vietnam is a request asking customs to watch for shipments that may infringe your trademark or other IP rights and to alert you; when a suspect shipment appears, you can ask customs to suspend clearance, usually by providing security, and then you must act quickly to confirm the infringement and take enforcement action. It is one of the most efficient tools against imported counterfeits because it stops goods before they spread through the market.
This guide explains how the system works in practice, what the application involves, why the deadlines after a suspension are so tight, and how customs action fits with administrative, civil and criminal enforcement. Procedures are set out in customs and IP legislation and implementing regulations that are revised from time to time, so check the current details, including validity periods and deposit requirements, with a licensed Vietnamese lawyer or IP representative.
Why border measures matter in Vietnam
A large share of counterfeit goods sold in Vietnam is imported, arriving by sea through major ports, by road through northern land border gates, by air in small parcels, or as goods in transit to other countries. Once such goods clear customs and reach wholesalers, they scatter across markets, shops and online sellers, and enforcement becomes a slow, shop-by-shop effort. Stopping a container at the port can remove more fakes in a day than months of market raids.
Customs officers see enormous volumes and cannot know every brand. A recordal gives them what they need to spot suspicious shipments: your registration details, descriptions of genuine products, information on authorised importers and contact details for someone who will respond quickly. Officers can also act on their own initiative when they notice obvious counterfeits, but a recordal greatly increases the chance that your goods will be noticed. It also signals that a responsive right holder stands behind the request, which makes officers more willing to flag borderline cases.
Border measures also help with export and transit. Vietnam is a manufacturing hub, and counterfeit goods are sometimes produced or assembled locally for export. Depending on the case and the current rules, customs controls can apply to goods leaving the country as well as entering. If you know your products are copied in factories in Vietnam, ask your lawyer how export controls could fit into your enforcement plan.
What an application for customs supervision includes
The right holder or its authorised representative applies to the customs authority for inspection and supervision of goods related to its IP rights. A typical application includes:
- Information about the right holder and the authorised representative, with a power of attorney legalised where required.
- Proof of the IP rights relied on, such as Vietnamese trademark registrations or Madrid registration details covering Vietnam, and any industrial design or copyright evidence.
- A description of genuine goods: product photographs, packaging, distinguishing features, places of manufacture and usual shipping routes.
- A list of authorised importers, distributors and licensees, so customs can tell legitimate shipments from suspicious ones.
- Information on known infringers, likely routes and typical features of counterfeits, where available.
- A commitment to take responsibility for the request and, in many cases, to provide security when a suspension is requested.
Keep the information current. A recordal listing an importer you stopped working with years ago, or missing a new authorised distributor, leads either to missed counterfeits or to legitimate shipments being flagged and delayed. Update customs whenever your distribution network changes.
What happens when customs flags a shipment
Once your rights are recorded, the process after a suspect shipment is identified usually runs as follows. The deadlines at each stage are short and set by law; check the current periods with your representative.
- Notification. Customs contacts the right holder or representative to report a shipment that may infringe, often with photographs or a description.
- Request for suspension. If you believe the goods infringe, you request suspension of customs clearance in writing, usually providing security to cover possible losses to the importer if the request proves unfounded.
- Suspension decision. Customs suspends clearance and notifies the importer, who may present arguments and evidence.
- Inspection of samples. You or your representative examine samples or the goods themselves and confirm whether they are infringing, with an expert assessment if needed.
- Enforcement action. Within the suspension period, you must start an administrative action, a civil claim or a criminal report, or the goods are likely to be released.
- Outcome. Infringing goods may be confiscated and destroyed or re-exported under conditions, and the importer may be fined.
The decisive factor is speed. Many suspensions fail not because the goods are genuine but because the right holder could not confirm infringement and start enforcement within the time allowed. Agree in advance who decides, who inspects and who signs on your side.
Common problems and how to avoid them
Slow responses from headquarters. Customs works in working days, and a notification arriving late on a Friday can leave very little time. Give your local representative authority to request suspension on the spot within agreed limits.
Unclear identification. If the only person who can tell genuine from fake sits in another continent, verification will be slow. Train your local representative or provide a detailed identification guide in Vietnamese.
Parallel imports. Genuine goods imported without your consent are a different issue from counterfeits. Whether they can be stopped depends on how and where they were first placed on the market. Treating them as fakes can expose you to claims from the importer.
Security and costs. Security deposits and storage or destruction costs must be funded quickly. Agree a budget and a process before the first notification arrives.
Small parcels. Counterfeits increasingly arrive in small packages ordered online. Customs measures still apply, but individual seizures are small, so combine them with action against the online sellers who place the orders.
Misdescribed goods. Counterfeiters often declare goods under vague descriptions or split brand elements from products, shipping labels and packaging separately for assembly later. Tell customs about these patterns so officers know what to look for.
Fitting customs action into your wider strategy
Customs action works best as part of a broader programme. Information from suspended shipments, such as the names of consignees, the declared origin and the forwarding agents involved, can point to the importers and wholesalers behind the counterfeits. That intelligence can support administrative raids on warehouses or a criminal report against the network.
Equally, intelligence from the market can help customs. If your investigators find a wholesaler stocking counterfeits that clearly came from abroad, share what you can with customs through your representative, so that future shipments to the same consignee are watched more closely. A relationship of trust with customs officers, built through reliable, prompt responses, is one of the most valuable assets in a long-term enforcement programme.
Finally, measure results. Track how many notifications you receive, how many suspensions lead to confirmed infringements, how quickly you respond and what happens to the goods. These numbers show whether the recordal is working, whether your identification materials are good enough, and whether your local team needs more authority or resources.
Keeping a recordal alive: validity, renewal and updates
A customs recordal is not permanent. An application for inspection and supervision is accepted for a limited period, and it can be extended on request, often in line with the remaining term of your IP registration. The exact period and renewal formalities are set by current customs rules, so diarise the expiry date the moment the recordal is accepted and confirm the rule with your representative.
An expired recordal is a common and avoidable gap. Brand owners renew trademark registrations carefully but forget the customs side, and the first sign of trouble is a container of counterfeits clearing without any notification. Treat the recordal like any other registration in your IP portfolio, with a named owner, a renewal date and a review each year.
Use the annual review to refresh the content too. New product lines, changed packaging, additional authorised importers, new routes used by counterfeiters and updated contact details should all be sent to customs. Officers rely on the information you give them; out-of-date photographs or importer lists make their job harder and reduce the chance that a suspect shipment is flagged.
Costs to plan for before the first notification
Customs enforcement is relatively economical compared with litigation, but it involves costs that arrive at short notice. Agree a budget and approval process in advance so that money is not the reason a suspension fails.
- Professional fees for preparing, filing and renewing the recordal, and for handling each notification and suspension.
- Security for each suspension request, in the form and amount required by current rules, which may be held until the case is resolved.
- Costs of travelling to the port or border gate to inspect goods, and of shipping samples for examination.
- Expert assessment fees where infringement is not obvious from inspection.
- Storage, handling and destruction costs for seized goods, which some cases require the right holder to cover or advance.
- Fees for the follow-up enforcement action, whether administrative, civil or criminal, which must start within the suspension period.
Compare these costs with the value of what is stopped. A single container of counterfeits withheld from the market often justifies a year of recordal costs, but that calculation should be made deliberately, product line by product line.
When you need a Vietnamese lawyer
Most foreign right holders handle customs recordal through a licensed Vietnamese lawyer or registered IP representative, because the process depends on fast, local responses in Vietnamese. The representative files the application, keeps it current, receives notifications, inspects goods, requests suspension and starts enforcement within the deadlines. Without someone on the ground with authority to act, the system rarely delivers its full value.
Professional advice is particularly important when an importer disputes the suspension, claims the goods are genuine parallel imports, or threatens to claim losses caused by the delay. These disputes turn on facts and law that need careful handling. Ask your representative to explain the risk of liability before each suspension request, so that you request suspension when the evidence supports it.
Choose a representative who can show a working process: who answers notifications, how quickly, who inspects goods and how decisions are escalated. A clear process matters more than a long list of recordals on paper. Ask, too, how the representative will report back to you: a short note after each notification, recording what was found, what was decided and why, builds a history that helps you refine the recordal, defend decisions if an importer complains, and show your management what the programme is achieving.
Frequently asked questions
Do I need a Vietnamese trademark registration to use customs measures?
Yes, in practice. Customs acts on IP rights protected in Vietnam, so you need a Vietnamese registration or a Madrid designation covering Vietnam. A registration in another country alone does not give customs a basis to suspend goods.
Can customs stop goods without a recordal?
Customs can act on its own initiative when it notices obvious infringement, but this is less reliable. A recordal gives officers information to recognise your goods and a contact who will respond, which greatly increases the chance that counterfeits are stopped.
Why do I have to provide security?
Suspending clearance can cause losses to an importer if the goods turn out to be genuine or non-infringing. The security covers that risk. The form and amount depend on current rules and on the value of the shipment, so check with your representative.
What happens if I miss the deadline after a suspension?
If you do not confirm the infringement and start enforcement action within the time allowed, customs is likely to release the goods to the importer. That is why a local representative with authority to act quickly is essential.
Can customs stop genuine goods imported without my permission?
Parallel imports of genuine goods raise different issues from counterfeits, and whether they can be stopped depends on how and where the goods were first placed on the market. Get advice before requesting suspension of such goods, as you may face claims from the importer.
Does customs act on goods leaving Vietnam?
Customs controls can apply to exports and goods in transit as well as imports, depending on the case and the current rules. If you suspect counterfeit production in Vietnam for export, ask your lawyer how export controls could fit your strategy.