Vietnam is moving to give customs officials stronger tools to stop counterfeit and intellectual-property-infringing goods at the border—a move that could have major implications for international brands, online sellers and cross-border trade.
Vietnam’s National Assembly has approved amendments to the country’s Customs Law that will expand the authority of customs officials to intercept goods suspected of violating intellectual property rights.
The legislation, approved on August 23, 2026, strengthens Vietnam’s ability to tackle counterfeit products and other IP-infringing shipments and could help address concerns raised by the United States over the country’s enforcement of intellectual property protections.
A bigger role for customs
One of the most significant changes is the broader role given to customs authorities in identifying and stopping potentially infringing goods.
Under the amended framework, customs enforcement will extend beyond ordinary imports and exports to include goods moving through Vietnam in transit, widening the range of shipments that can potentially be subject to intervention.
The changes also preserve a mechanism under which intellectual-property rights holders can ask customs to suspend clearance when they provide evidence of suspected infringement and meet applicable financial-bond requirements.
More importantly, customs officials will have greater scope to act proactively when there are clear signs that goods are counterfeit or otherwise violate intellectual-property rights.
Why the timing matters
The legislation comes as Vietnam faces increased international scrutiny over intellectual-property enforcement.
In May 2026, the U.S. Trade Representative launched a Section 301 investigation into Vietnam’s intellectual-property protection and enforcement framework. Vietnam had also been identified as a Priority Foreign Country in the U.S. government’s 2026 Special 301 review.
Among the concerns raised by U.S. authorities were the prevalence of counterfeit goods, weaknesses in border enforcement and the limited use of customs powers to independently seize suspected counterfeit products. Another concern involved goods transiting through Vietnam.
The new Customs Law therefore arrives at a particularly important moment for Vietnam’s trade relationships.
E-commerce is also coming under the spotlight
The reforms are especially relevant as cross-border e-commerce continues to reshape how products enter Vietnam.
Additional reporting on the legislation indicates that the amended framework will bring goods traded through e-commerce platforms more clearly within customs procedures and supervision. Platforms and logistics companies may also face greater responsibilities to provide relevant information to customs authorities.
That could make the changes significant not only for major international brands, but also for online merchants, logistics providers, marketplace operators and consumers purchasing products from overseas.
Vietnam has already been strengthening IP enforcement
The new Customs Law is not an isolated move.
Earlier this year, Vietnam introduced Circular 06/2026/TT-BTC, which took effect on March 1 and updated customs procedures for protecting intellectual-property rights at the border.
The circular introduced a more digital-focused system for recording IP rights with customs, expanded customs enforcement involving e-commerce shipments and established faster notification procedures for rights holders when customs suspends suspected infringing shipments.
Vietnam also brought major amendments to its Intellectual Property Law into force in April 2026, further reshaping the country’s IP protection framework.
Taken together, the measures suggest a broader effort to modernize Vietnam’s intellectual-property enforcement system rather than a single change at the border.
When will the new Customs Law take effect?
The amended customs provisions are expected to take effect in March 2027, according to reporting on the legislation.
That gives businesses operating in Vietnam and companies moving goods through the country time to review their supply chains, customs documentation, trademark registrations and procedures for responding to suspected infringement.
For brand owners, the message is increasingly clear: simply having intellectual-property rights may not be enough. Businesses will also need to make sure customs authorities have the information necessary to identify potentially infringing products.
A potentially important shift for Vietnam’s trade future
Vietnam has become an increasingly important manufacturing and export hub, making the protection of brands, designs, copyrights and other intellectual-property rights a growing issue for international businesses.
The latest Customs Law amendments could strengthen confidence among rights holders while also helping Vietnam respond to criticism from trading partners.
But the real test will come with implementation.
Expanding customs powers on paper is one thing. How consistently those powers are used, how quickly suspected goods are identified, and how effectively customs coordinates with rights holders and online commerce platforms will determine whether the reforms produce a meaningful change.
And with the new rules not scheduled to take effect until March 2027, the next question may be even more important: how aggressively will Vietnam use its expanded customs powers once the new system is fully operational?
What this means
- Counterfeit goods: Customs will have stronger tools to intercept suspected fake products.
- IP protection: Trademark and other intellectual-property rights holders could gain stronger border-enforcement support.
- Transit shipments: Goods passing through Vietnam could fall more clearly within the enforcement framework.
- E-commerce: Cross-border online shipments will face increased customs oversight.
- Businesses: Importers, exporters, marketplaces and logistics companies may need to strengthen compliance procedures.
- International trade: The reforms could help Vietnam address concerns raised by the United States and other trading partners.
- Effective date: The amended Customs Law is expected to take effect in March 2027.
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