Similarities in cases of imported goods with forged origin

	Container of Chinese phone accessories with fraudulent Vietnam origin discovered
	Container of Chinese accessories with forged Vietnamese origin
	Steering Committee 389 directed total force to fight against fraudulent origin of Vietnam

Chinese mobile accessories with forged Vietnamese origin seized by Hai Phong Seaport Customs Branch of Zone III in July 2019. Photo: T.B

Imported by brokers

Cases of Chinese goods with forged Vietnamese origin are related to popular brands in the domestic market.

On July 29, Hai Phong Seaport Customs Branch of Zone III (under Hai Phong Customs Department) seized a container of accessories made in China, but on these products and the packaging are names, addresses and warranty centers of TITAN Vietnam Trading Joint Stock Company – a domestic company. Notably, many products are printed with “made in Vietnam” and a Vietnamese bar code (bar code 893).

Previously, the Southern Anti-Smuggling Enforcement Unit – Unit 3 (under the Anti-Smuggling and Investigation Department) coordinated with Sai Gon Seaport Customs Branch of Zone 1 (under Ho Chi Minh City Customs Department) in detecting ashipment of 600 trolley speakers with forged Vietnamese origin.

Director of the Anti-Smuggling and Investigation Department, Nguyen Phi Hung, said the shipment was imported from China and the importer declared the goods as of "Chinese origin", but all products showed Vietnamese origin. Specifically, on the boxes of NANOMAX trolley speakers was labeled ‘Son Tung Construction and Electronic Joint Stock Company, headquarter: 83/5 Thoai Ngoc Hau - Hoa Thanh Ward - Tan Phu District - Ho Chi Minh City; Certificate of registration of trademark No. VN4-0082480; Made in Vietnam.’

In 2018, the Customs Enforcement Unit coordinated with SaiGon Seaport Customs Branch of Zone 4 in detecting 1,300 ASANZO glass ovens that were disassembled and new 100% but without origin labels.

These are three cases of forged origin seized by Customs forces that attractedpublic attention. Forged products in these shipments have information and trademarks similar to companies’ headquartered in the country.

Thus, the common point in these cases is that domestic companies which have products with similar trademarks do not import directly.

Specifically, the importer that was detected by Hai Phong Seaport Customs Branch of Zone III was Hoang Bao Phat IMEX Company Limited (basedin Tam Thanh Ward, Lang Son City).

The case related to the import of trolley speakers carried out procedures by Tran Vuong Import-Export Co., Ltd. The shipment of ASANZO ovens was imported by Sa Huynh Trading Co., Ltd. (Ho Chi Minh City).

These two cases were prosecuted by competent agencies. At the same time, Son Tung Electronics Joint Stock Company also denied that it wasrelated to the shipment of fake trolley speakers imported by Tran Vuong Import-Export Co., Ltd.

After Sa Huynh Manufacturing and Trading Co., Ltdwas prosecuted, ASANZO Group Joint Stock Company confirmed that it has no relationship or capital contribution in Sa Huynh Company.

According to the latest information by the Customs news’ reporter, Hai Phong Seaport Customs Branch of Zone III transferred the case to the Customs Enforcement Team (under Hai Phong Customs Department) for verification.

The story of entrusted contracts

In addition to these common points, we discovered acoincidencein the import of TITAN mobile accessories by Hoang Bao Phat IMEX Company and the import of NANOMAX trolley speakers Tran Vuong Company.

When working with the Customs authority, these companies submitted entrusted import contracts of the domestic companies owning trademarks of these products (TITAN Vietnam Trade Joint Stock Company and Son Tung Electronics Corporation).

The case of 600 speakers having forged origin: Did enterprises collude with foreigners for making counterfeit goods? VCN – Based on the statement of director as well as dossiers of two related enterprises, it ...

Currently, the question iswhether the relationship between the companies owing forged trademark with importers or companies intended to violate or not andwhether entrusted contracts signed or not.

In case of violations, they must be strictly handledto protect Vietnam's trademark and the interests of consumers. On the other hand, if the company that owns the trademark is not related to the violation, it should be clarified to ensure the legitimate rights and interests of these companies.