Contents
- I. What are counterfeits?
- II. Administrative fines
- 1. For the act of producing counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:
- 2. A fine twice the fine specified in Clause 1 of this Article shall be imposed in one of the following cases of counterfeit goods:
- 3. Additional sanctions:
- 4. Remedies:
I. What are counterfeits?
Pursuant to Point dd, Clause 7, Article 3 of Decree 98/2020/ND-CP, counterfeit goods are defined as follows:
a/ Goods whose use value or utility is not in accordance with the origin of natural nature and name of the goods; goods that have no use, use or use value, incorrect use compared to the declared or registered use value;
b) Goods with at least one of the quality criteria or basic technical characteristics or quantitative main substances that make up the use value or utility of the goods only reach 70% or less than the minimum level specified in registered technical regulations or quality standards, announcing the application or recording on labels and packages of goods;
c) Counterfeit drugs as prescribed in Clause 33, Article 2 of the 2016 Law on Pharmacy and counterfeit medicinal herbs as prescribed in Clause 34, Article 2 of the 2016 Pharmacy Law;
d) Veterinary drugs and plant protection drugs without active ingredients; there are not enough registered active substances; have active ingredients different from those stated on labels and packages of goods; have at least one of the active ingredient contents only reach 70% or less than the minimum level specified in registered or announced technical regulations or quality standards;
dd) Goods with goods labels or packages of goods bearing false instructions forging names and addresses of organizations or individuals producing or importing or distributing goods; forging circulation registration codes, publication codes, barcode codes of goods or forging goods packaging of other organizations or individuals; forgery of the origin and origin of goods or places of production, packaging and assembly of goods;
e/ Counterfeit stamps, labels and packages of goods.
II. Administrative fines
Administrative penalties for producing counterfeit goods labels and packages of goods are specified in Article 12 of Decree 98/2020/ND-CP
1. For the act of producing counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at less than VND 3,000,000 or illegal profits of less than VND 5,000,000;
b) A fine of from VND 5,000,000 to VND 8,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 3,000,000 to less than VND 5,000,000 or illegal profits from VND 5,000,000 to less than VND 10,000,000;
c) A fine of from VND 8,000,000 to VND 15,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 5,000,000 to less than VND 10,000,000 or illegal profits from VND 10,000,000 to less than VND 20,000,000;
d) A fine of from VND 15,000,000 to VND 25,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 10,000,000 to less than VND 20,000,000 or illegal profits from VND 20,000,000 to less than VND 30,000,000;
dd) A fine of from VND 25,000,000 to VND 40,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 20,000,000 to less than VND 30,000,000 or illegal profits from VND 30,000,000 to less than VND 50,000,000;
e) A fine of from VND 40,000,000 to VND 50,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at VND 30,000,000 or more or illegal profits of VND 50,000,000 or more without being examined for penal liability.
2. A fine twice the fine specified in Clause 1 of this Article shall be imposed in one of the following cases of counterfeit goods:
a) Being food, food additives, food preservatives, food processing aids, drugs and medicinal raw materials without being examined for penal liability;
b) Being animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, plant protection drugs, plant varieties and livestock breeds;
c/ Being cosmetics, medical equipment, detergents, chemicals, insecticidal and bactericidal preparations used in household and medical fields, cement, construction iron and steel, helmets.
3. Additional sanctions:
a/ To confiscate exhibits for violations specified in this Article, except for the case of applying remedial measures specified at Point a, Clause 4 of this Article;
b/ To confiscate devices which are tools and machinery used to produce counterfeit goods for violations specified in this Article;
c) Revoke the right to use practice licenses and certificates from 03 months to 06 months for violations specified in this Article in case of repeated or repeat violations;
d) Suspend part or all of the violating production activities from 03 months to 06 months for violations specified in this Article.
4. Remedies:
a/ To forcibly remove infringing elements on counterfeit labels and packages or forcibly destroy counterfeit goods for violations specified in this Article;
b/ To forcibly surrender the illegal profits gained as a result of committing violations specified in this Article.
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