Container Seized by Customs? You Must Understand This 2022 Lao Customs Guidance for Import and Export

货柜被海关扣了？老挝海关这份2022年指导意见，做进出口的必须看懂

ຕູ້ສິນຄ້າຖືກກົມພາສີຍຶດບໍ? ຄຳແນະນຳປີ 2022 ຂອງກົມພາສີລາວສະບັບນີ້, ຜູ້ເຮັດການນຳເຂົ້າ-ສົ່ງອອກຕ້ອງເຂົ້າໃຈ

Published: 2026-09-12 · LaoPaniti legal guides

A batch of containers just arrived at the Mohan-Boten port. Customs opened them and said your sports shoes trademark is suspected of counterfeiting, and seized them on the spot. You are confused: the goods were imported through legitimate channels, so why were they seized? In fact, Lao Customs has a clear set of internal operating rules for Intellectual Property protection. The "Guidance on Intellectual Property Protection Measures by Customs Officials" (No. 0121/Ministry of Finance) issued on January 13, 2022 is specifically designed to govern this matter. This guidance is not a new Law, but many bosses doing Import and export in Laos still haven't figured out how it works.

On what grounds can Customs seize your goods?

According to Article 2 of the guidance, Customs protection only targets three types of products: goods with Counterfeiting Trademark, piracy, and Infringement of industrial design Rights. Note that it explicitly does not apply to the Import and export of non-commercial goods, nor to non-repetitive acts. That is, if you are just an individual carrying a few items for personal use, or occasionally engaging in small-scale Import and export, you are usually not within the scope of this mechanism. But if you are doing trade in batches, once suspected of Infringement, Customs officials can, according to Article 1 of the guidance, implement temporary suspension of release and inspection of the goods.

Right holder recordation: brand owners "registering" with Customs

The core of this mechanism is "recordation of Right holder Application information." According to Article 4 of the guidance, the Intellectual Property Right holder or a person authorized by them may submit an Application to the Customs department requesting suspension of release of any Import, Export, or transit goods suspected of Infringement. The Application is not just a piece of paper—Article 5 requires attaching a copy of the industrial property protection certificate, identity proof of the Right holder, detailed description and photos of the infringing goods, authenticity identification guide, and other materials. Article 6 further provides that the Application shall be submitted to the General Administration of Customs or provincial and Vientiane capital Customs. According to Article 7, the Customs authority shall, within ten working days from the date of receiving all Application documents, notify the Applicant in writing whether the Application is approved. After approval, according to Article 8, the General Administration of Customs will forward a copy of the Application to provincial and capital Customs for risk management and inspection reference.

This means that if your competitor or a major brand has already recorded with Customs, once your goods are identified by the system as "high risk," they may be subject to focused inspection.

Recordation validity period is two years, information can be modified

According to Article 9 of the guidance, the Intellectual Property Customs protection Application takes effect from the date of approval, with a validity period of two years, and may be extended upon the request of the Applicant. Article 10 also allows the Applicant to modify or supplement the Application information during the protection period. For brand owners, this is a channel to continuously maintain their Rights; for importers, this means you are facing a long-term regulatory mechanism, not a one-time temporary action.

If you are unsure whether your goods cross the line, or want to know how to respond to Customs inspection, it is advisable to understand the rules before shipping. The LaoPaniti platform has included the full text of this guidance, and you can directly ask the AI to obtain a free analysis specific to your goods.

👉 Free AI consultation: https://www.123laoai.com

This article is compiled by LaoPaniti for reference only and does not constitute legal advice.

FAQ

After Customs seizes goods, how long does it take to know whether they are determined to be infringing?

According to Article 7 of the guidance, the Customs authority shall, within ten working days from the date of receiving all Application documents, notify the Applicant in writing whether the Application is approved. However, this is the approval time limit for the Right holder's recordation Application. The specific handling process after goods are seized needs to be judged based on the circumstances of the individual case.

If an individual brings a few counterfeit-brand clothes from abroad for personal use, will they be seized by Customs?

According to Article 2 of the guidance, Intellectual Property Rights protection does not apply to the Import and export of non-commercial goods, nor to non-repetitive acts. Items for personal use, non-commercial, and non-repetitive are usually not within the scope of this mechanism.

After a brand owner records with Customs, how long is the validity period?

According to Article 9 of the guidance, the Intellectual Property Customs protection Application takes effect from the date of approval by the Customs department, with a validity period of two years, and may be extended upon the request of the Applicant.

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