Circular 13/2020/TT-BTC amending Circular 13/2015/TT-BTC

CIRCULAR

On amending and supplementing a number of Article of the Circular 13/2015/TT-BTC dated January 30, 2015 on inspection, supervision, temporarily suspension of customs procedures for exported and imported goods that are subjects of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights

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 Pursuant to the Law on Customs No. 54/2014/QH-13 dated June 23, 2014;

Pursuant to the Law on Intellectual Property dated November 29, 2005; the Law on amending and supplementing a number of Article of the Law on Intellectual Property dated June 19, 2009; the Law on Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government and the Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government on amending and supplementing a number of Article of the Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government on detailing, and providing measures to implement the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Decree No. 01/2015/ND-CP dated January 02, 2015 and the Decree No. 12/2018/ND-CP dated January 23, 2018 of the Government on amending and supplementing a number of Article of the Decree No. 01/2015/ND-CP dated January 02, 2015 of the Government on scope of customs operation areas; responsibilities and coordination in preventing and combating smuggling and illegal transportation of goods across borders;

Pursuant to the Government's Decree No. 105/2006/ND-CP dated September 22, 2006 and
 the Government's Decree No. 119/2010/ND-CP dated December 30, 2010 on amending and supplementing a number of Articles of the Government's Decree No. 105/2006/ND-CP dated September 22, 2006 providing instructions on the implementation of a number of Articles of the Law on Intellectual property on protection of intellectual property rights and State management of intellectual property;

Pursuant to the Government's Decree No. 185/2013/ND-CP dated November 15, 2013 and the Government’s Decree No. 124/2015/ND-CP dated November 19, 2015 on amending and supplementing a number of Article of the Government's Decree No. 185/2013/ND-CP dated November 15, 2013 defining sanctions for administrative violations in producing and trading counterfeit goods and forbidden goods and protection of consumer rights;

Pursuant to the Government's Decree No. 99/2013/ND-CP dated August 29, 2013 on sanctioning of administrative violations in industrial property;

Pursuant to the Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government on sanctioning administrative violations of copyright and related rights;

Pursuant to the Government's Decree No. 87/2017/ND-CP dated December 23, 2013 defining the functions, tasks, power and organizational structure of the Ministry of Finance;

At the request of the Director of the General Department of Customs,

The Minister of Finance promulgates the Circular on amending and supplementing a number of Article of the Circular 13/2015/TT-BTC on inspection, supervision, temporarily suspension of customs procedures for exported and imported goods that are subjects of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights.

Article 1. To amend and supplement a number of Article of the Circular No. 13/2015/TT-BTC dated January 30, 2015

1. To amend and supplement a number of Clauses of Article 3

a) To amend and supplement Clause 1 as follow:

“1. Counterfeit goods include goods as defined in Clause 8, Article 3 of the Government's Decree No. 185/2013/ND-CP dated November 15, 2013 and Clause 3 Article 1 of the Government’s Decree No. 124/2015/NĐ-CP dated November 19, 2015 on amending and supplementing a number of Article of the Government’s Decree No. 185/2013/ND-CP dated November 15, 2013 on defining sanctions for administrative violations in producing and trading counterfeit goods, forbidden goods and protection of consumer rights.”

b) To amend and supplement Clause 6 as follow:

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