How is the production of counterfeit goods labels and packaging punished?

Reply:Pursuant to Article 12 of Decree 98/2020/ND-CP amended by Point a, b, Clause 8, Article 3 of Decree 17/2022/ND-CP and Clause 7, Article 147 of Decree 96/2023/ND-CP, the penalties for the production of counterfeit goods and packaging of specific goods are as follows:

- For the act of producing counterfeit goods labels and packaging as prescribed in Point d, Clause 7, Article 3 of this Decree, the fine is as follows:

+ A fine of between VND 2,000,000 and VND 5,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of less than VND 3,000,000 or the illegal profit is less than VND 5,000,000;

+ A fine of between VND 5,000,000 and VND 8,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of between VND 3,000,000 and under VND 5,000,000 or illegal profits from VND 5,000,000 to under VND 10,000,000;

+ A fine of between VND 8,000,000 and VND 15,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of between VND 5,000,000 and under VND 10,000,000 or illegal profits from VND 10,000,000 to under VND 20,000,000;

+ A fine of between VND 15,000,000 and VND 25,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of between VND 10,000,000 and under VND 20,000,000 or illegal profits from VND 20,000,000 to under VND 30,000,000;

+ A fine of between VND 25,000,000 and VND 40,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of between VND 20,000,000 and under VND 30,000,000 or illegal profits from VND 30,000,000 to under VND 50,000,000;

+ A fine of between VND 40,000,000 and VND 50,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of VND 30,000,000 or more or illegal profits of VND 50,000,000 or more without being prosecuted for criminal liability.

- A fine of twice the fine level prescribed in Clause 1 of this Article shall be imposed for one of the following cases of counterfeit goods:

+ Food, food additives, food preservatives, food processing aids, drugs, and pharmaceutical ingredients that are not subject to criminal prosecution;

+ Animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary medicines, pesticides, plant varieties, and animal breeds;

+ Cosmetics, medical equipment, detergents, chemicals, insecticides, disinfectants used in household and medical fields, cement, construction steel, helmets.

- Additional penalties:

+ Confiscate the violated objects for violations specified in this Article, except in cases where remedial measures specified in Point a, Clause 4 of this Article are applied;

+ Confiscation of means, tools and machinery used to produce counterfeit goods for violations specified in this Article;

+ Revoke the right to use the license, practice certificate or suspend the violating production activities from 03 to 06 months for the violation specified in Point e, Clause 1 of this Article.

- Remedial measures:

+ Force the removal of infringing elements on counterfeit labels and packaging or force the destruction of counterfeit goods for violations of the provisions of this Article;

+ Forced to return illegal profits obtained from committing violations specified in this Article.

* Note: The fine prescribed herein is the fine applied to administrative violations committed by individuals. In case the administrative violation is committed by an organization, the fine shall be twice the fine prescribed for individuals.