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Viet Nam copyright law

Law on Customs

No 29/2001/QH10 approved by the 10th National Assembly (9th Session) of the Socialist Republic of Vietnam on 29 June 2001 (effective after 1 January 2002)

(Excerpt)

Chapter I

General Provisions

Article 2. Scope

This Law defines the State management in term of customs over the commodities exported, imported, or in transit; the means of transport when exported, imported or in transit by Vietnamese or foreign organizations or individuals; the customs organization and its activities.

Article 4. Explanation of terms

In this Law, the specific terms are interpreted and understood as follows:

1. Commodity includes exports, imports, goods in transit; luggage, foreign currencies or Vietnamese currency of those who enter or exit Vietnam; appliances on the means of transport that are exported, imported or in transit; precious metals or stones, antiques, cultural products, postal parcels, other properties exported, imported, in transit or preserved within the customs area.

2. Commodities exported, imported or in transit include all movables with codes and names as specified by laws, which are exported, imported, in transit or preserved within the customs area.

6. Customs procedures are the work conducted by those making a customs declaration and customs officers as stipulated by this Law over commodities and means of transport.

Chapter III

Customs procedures, inspection and supervision

Section 5

Suspension of customs procedures for exports or imports with the requirement to protect their intellectual property

Article 57. Regulations on the suspension of customs procedures

1. The owner whose intellectual property is protected as stipulated by Vietnamese laws shall have the right to require the customs agencies to suspend the customs procedures to their exports or imports if they have evidence that the procedures are a breach of intellectual property.

2. The customs agencies shall decide the suspension of customs procedures over exports or imports if all conditions specified in Article 58 of this Law are satisfied.

Article 58. Conditions for suspension of customs procedures

When requesting a suspension of customs procedures, the owners of intellectual property shall:

1. Submit to the customs agencies their request, evidence on their legal intellectual property, evidence on the breach of their intellectual property;

2. Advance a deposit or guarantee vouchers by a credit organization or other agencies that are allowed to engage in banking activities in order to guarantee the compensation for damages and other costs arising out of the improper suspension of customs procedures as stipulated by laws.

Article 59. Specific regulations on the suspension of customs procedures

On the basis of this Law and other legal regulations, the Government shall establish specific regulations on the suspension of customs procedures for exports or imports which require protection of intellectual property.

Chairman of the National Assembly

Nguyen Van An

(signed)

 

 
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