What is the penalty for trading in counterfeit goods labels and packaging?

Reply:Pursuant to Article 11 of Decree 98/2020/ND-CP and Clause 7, Article 3 of Decree 17/2022/ND-CP, regulations on the act of trading in counterfeit goods, goods packaging, specifically:

- For the act of trading in 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 1,000,000 VND to 3,000,000 VND in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of less than 3,000,000 VND or illegal profits of less than 5,000,000 VND;

+ A fine of VND 3,000,000 to VND 5,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of 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;

+ A fine of VND 5,000,000 to VND 10,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of 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;

+ A fine of VND 10,000,000 to VND 20,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of 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;

+ A fine of VND 20,000,000 to VND 30,000,000 in case the counterfeit goods are equivalent to the quantity of genuine goods with a value of 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;

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

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

+ Are foods, 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:

+ Confiscation of infringing exhibits for violations specified in this Article, except in cases where remedial measures specified in Point a or Point b, Clause 4 of this Article are applied;

+ Revoke the right to use the license or practice certificate from 01 month to 03 months for violations of the provisions at 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 specified in this Article, except in cases where remedial measures specified in Point b of this Clause are applied;

+ Forced removal from the territory of the Socialist Republic of Vietnam or re-export of counterfeit goods for acts of importing counterfeit goods specified in this Article;

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

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

PL