What is the penalty for making counterfeit goods and being caught by the economic police?
(Baonghean.vn) - My husband was just arrested by the economic police for making counterfeit goods (washing powder), the shipment is worth 85 million VND. So how much will my husband be fined? This is a concern of Ms. Le Phuong H. (Nghi Loc district, Nghe An).
Reply: The crime of manufacturing and trading in counterfeit goods is regulated in Article 192 of the 2015 Penal Code, amended and supplemented in 2017, specifically as follows:
1. Anyone who produces or trades in counterfeit goods in one of the following cases shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000 or imprisonment of between 01 and 05 years:
a) Counterfeit goods worth from VND 20,000,000 to under VND 100,000,000 calculated according to selling price, listed price, price stated on invoice.
b) 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 in cases where the selling price, listed price, or price stated on the invoice cannot be determined.
c) Counterfeit goods worth less than VND 20,000,000 calculated according to the selling price, listed price, price stated on the invoice or counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth less than VND 30,000,000 but have been administratively sanctioned for the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196 and 200 of this Code or have been convicted of one of these crimes, not yet had their criminal records cleared but still commit the violation.
d) Counterfeit goods worth less than VND 20,000,000 calculated according to the selling price, listed price, price stated on the invoice or counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth less than VND 30,000,000 but causing consequences in one of the following cases: causing damage to the health of one person with a body injury rate of 31% to 60%; causing damage to the health of 02 or more people with the total body injury rate of these people from 31% to 60% or causing property damage from VND 100,000,000 to less than VND 500,000,000.
Thus, her husband violated clause 1 of the first penalty frame: counterfeit goods worth less than 100,000,000 VND can be fined from 100,000,000 VND to 1,000,000,000 VND or imprisoned from 01 year to 05 years.
