Trading in counterfeit and banned goods is subject to a fine of up to 100 million VND.

chinhphu.vn February 15, 2019 08:27

This is the proposal of the Ministry of Industry and Trade in the draft Decree regulating administrative sanctions for violations in commercial activities, production and trade of counterfeit and banned goods and protection of consumer rights, replacing Decree 185/2013/ND-CP and Decree 124/2015/ND-CP.

The draft clearly states: A fine of VND 90,000,000 to VND 100,000,000 shall be imposed for one of the following violations in cases where criminal liability is not prosecuted:

Trading in plant protection drugs that the State prohibits from trading, circulation, or use in quantities of 50 kilograms or more or 50 liters or more;

Trading in smuggled cigarettes in quantity of 1,500 packs or more;

Trading in fireworks from 6 kilograms or more;

Trading in other goods that the State prohibits from trading, circulation, or use, with a value of VND 100,000,000 or more, or illegal profits of VND 50,000,000 or more;

Trading in goods not yet permitted for circulation or use in Vietnam with a value of VND 200,000,000 or more or illegal profits of VND 100,000,000 or more.

In addition, there are additional penalties such as: Confiscation of exhibits for violations of regulations; revocation of the right to use business licenses and practice certificates from 01 month to 03 months for violations in case of repeated violations or recidivism...

Remedial measures include: Forced destruction of physical evidence, goods, items harmful to human health, livestock, crops and the environment, cultural products with toxic content for acts violating regulations; forced return of illegal profits gained from committing violations; forced recall and destruction of prohibited goods circulating on the market for acts violating regulations.

Trading in smuggled goods can be fined 50 million VND

According to the draft, for the act of trading in smuggled goods, the fine is as follows: Fine from 10,000,000 VND to 20,000,000 VND in case the value of smuggled goods is from 30,000,000 VND to less than 50,000,000 VND;

A fine of VND 20,000,000 to VND 30,000,000 in case the value of smuggled goods is from VND 50,000,000 to under VND 70,000,000;

A fine of 30,000,000 VND to 40,000,000 VND in case the value of smuggled goods is from 70,000,000 VND to less than 100,000,000 VND;

Fine from 40,000,000 VND to 50,000,000 VND in case of smuggled goods with value from 100,000,000 VND or more.

The fine is twice the fine for trading in smuggled goods as prescribed above in the following cases: The violator directly smuggles goods with a value of less than VND 100,000,000 or VND 100,000,000 or more without being prosecuted for criminal liability; the smuggled goods are on the list of banned or temporarily suspended imports.

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Trading in counterfeit and banned goods is subject to a fine of up to 100 million VND.
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