Vietnam's National Assembly approved amendments to the country's customs law on Sunday, granting authorities broader powers to intercept counterfeit and intellectual property-infringing goods. The new measures allow customs officers to proactively halt shipments if they identify signs of violations and expand enforcement to include goods transiting through the country.
The legislative changes follow a May 2026 Section 301 investigation launched by the U.S. Trade Representative (USTR) into Vietnam's intellectual property regime. The USTR previously designated Vietnam as a "priority foreign country," citing concerns over widespread counterfeiting and a lack of authority for customs officials to seize suspected illicit goods on their own initiative.
Under the revised law, customs authorities can suspend clearance when a rights holder provides evidence of infringement and a financial guarantee. Additionally, the amendments introduce specific oversight for e-commerce platforms, requiring operators and logistics providers to share information with customs as cross-border online shopping, largely supplied by Chinese merchants, continues to grow.
A person involved in cross-border trade or online retail will notice more rigorous customs procedures and increased supervision of electronic transactions. Specifically, rights holders seeking to protect their brands will have a standardized mechanism to halt shipments by providing a financial guarantee, a process intended to address USTR criticisms of previous enforcement gaps. These changes are designed to shift the day-to-day legal environment from one of limited border intervention to one where customs officers can act independently when they suspect intellectual property violations.
The implementation of these rules may influence future U.S. trade policy decisions regarding Vietnam, as the USTR had specifically identified weak border enforcement as a primary concern. The precedent set by including e-commerce and transit goods in the customs mandate could also shape how neighboring markets regulate cross-border digital trade. The amended law is scheduled to take effect in March 2027, giving businesses and customs agencies approximately 18 months to adjust their reporting and enforcement systems.