WHAT HAPPENED
The Vietnamese government, in response to the rapid growth of the digital economy and its ambition to strengthen its position on the international stage, has introduced significant amendments to its Customs Legislation. These changes, published in August 2026, aim to enhance control over intellectual property (IP) rights compliance and tighten regulations in the e-commerce sector. Key innovations concern both customs clearance procedures and the market participants' liability for infringing IP rights. These are not just technical improvements, but a fundamental shift in the approach to regulating cross-border trade and brand protection.
The main emphasis is on curbing the import of counterfeit products and ensuring transparency in e-commerce operations. The new regulations grant customs authorities broader powers to inspect goods for IP infringement and introduce stricter requirements for identifying sellers and products on online platforms. For businesses, this means increased demands for documentation, the need for more thorough vetting of suppliers and partners, and a potential increase in administrative burden and risks associated with non-compliance with the new rules.
WHAT THIS MEANS
For Russian entrepreneurs operating or planning to enter the rapidly growing Vietnamese e-commerce market, these amendments signify serious changes in the landscape. Firstly, the tightening of IP control significantly increases risks for companies whose products may be mistakenly or intentionally identified as counterfeit. Even bona fide suppliers may face customs delays, the need to provide additional documentation, or even confiscation of goods if intellectual property rights have not been properly registered or protected in Vietnam.
Secondly, enhanced oversight of e-commerce will require Russian sellers to demonstrate greater transparency and adhere to local regulatory norms. This may include stricter requirements for disclosing company information, products, and shipping and return policies. For platforms focused on B2C sales, responsibility for the actions of third-party sellers will increase, which could lead to changes in cooperation terms and stricter rules for listing products on such platforms. This may also increase market entry costs, as more resources will be needed for legal support and adapting business processes.
Thirdly, the new rules potentially affect operational costs. Increased attention to IP may require investments in registering trademarks and patents in Vietnam, as well as in creating a reliable system for verifying products at all stages of the supply chain. This is critical for protecting one's brand and preventing costly litigation or sanctions. For small and medium-sized enterprises, these costs can become a significant barrier, requiring careful planning and profitability assessment.
VIETSMART EXPERT COMMENTARY
In the context of tightening Vietnamese legislation, VietSmart strongly recommends that Russian e-commerce entrepreneurs review their strategies and pay special attention to legal compliance and regulatory requirements. Ignoring these changes can lead to serious financial losses, supply delays, and reputational risks. This is not a time for improvisation, but for a systematic approach to building a business in Vietnam.
We see both challenges and opportunities in these changes. For conscientious market players, increased control over IP and e-commerce creates a more predictable and protected environment where competition from counterfeit products is reduced. However, to take advantage of these opportunities, thorough preparation is essential.
CONCLUSIONS AND WHAT TO DO
- Conduct an IP audit and registration in Vietnam: Ensure that all your trademarks, patents, and other intellectual property objects are properly registered and protected in accordance with Vietnamese law. Lack of registration makes your business vulnerable.
- Review logistics and customs procedures: Carefully study the updated requirements for customs clearance and documentation. Work with reliable logistics partners who have experience in Vietnam and are familiar with the new regulations to minimize risks of delays and penalties.
- Strengthen supply chain control: Implement stricter procedures for vetting suppliers and manufacturers for compliance with intellectual property rights, especially if you deal with goods at risk of counterfeiting.
- Adapt your e-commerce business model: If you operate through online platforms, review their updated rules and requirements for sellers, which are likely to be tightened due to new government regulations. Ensure full transparency of information about your company and products.
- Engage local legal expertise: For a deep understanding of all nuances and to minimize risks, it is crucial to collaborate with local legal consultants specializing in customs law and IP in Vietnam. This will help avoid costly mistakes and ensure smooth operations.
Source: IndexBox dated August 23, 2026