What is the prison sentence for trading in counterfeit animal feed and fertilizer?

Article 195 of the 2015 Penal Code, amended in 2017, stipulates: Crime of manufacturing and trading in counterfeit goods such as animal feed, fertilizers, veterinary medicines, pesticides, plant varieties, and animal breeds as follows:

1. Anyone who produces or trades in counterfeit animal feed, fertilizers, veterinary medicines, pesticides, plant varieties or animal breeds in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 1,000,000,000 or imprisonment from 01 year to 05 years:

a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but have been administratively sanctioned for one of the acts specified in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196 and 200 of this Code or have been convicted of one of these crimes, not yet had their criminal records expunged but still commit the violation;

b) Causing property damage from VND 100,000,000 to under VND 500,000,000;

c) Illegal profits from 50,000,000 VND to under 100,000,000 VND.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:

a) Organized;

b) Professional in nature;

c) Dangerous recidivism;

d) Abusing position and power;

d) Taking advantage of the name of an agency or organization;

e) Cross-border trade;

g) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth from VND 150,000,000 to under VND 500,000,000;

h) Causing property damage from VND 500,000,000 to under VND 1,500,000,000;

i) Illegal profits from VND 100,000,000 to under VND 500,000,000.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years:

a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth VND 500,000,000 or more;

b) Causing property damage from VND 1,500,000,000 to under VND 3,000,000,000;

c) Illegal profits from VND 500,000,000 to under VND 2,000,000,000.”;

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years:

a) Causing property damage of VND 3,000,000,000 or more;

b) Illegal profits of VND 2,000,000,000 or more.

5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of his/her assets confiscated.

Thus, if your sister trades in counterfeit animal feed worth VND500 million and has been administratively sanctioned, she may be sentenced to imprisonment from 10 to 15 years. In addition, she may also be subject to additional penalties: a fine from VND20 million to VND100 million, a ban from holding a position, practicing a profession or doing certain work from 01 to 05 years, or confiscation of part or all of her assets.