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, labels and packaging of goods, 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 between VND 1,000,000 and VND 3,000,000 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 3,000,000 and VND 5,000,000 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 5,000,000 and VND 10,000,000 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 10,000,000 and VND 20,000,000 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 20,000,000 and VND 30,000,000 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 30,000,000 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 the act of importing counterfeit or fake goods in one of the following cases:

+ 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:

+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;

+Revocation of the right to use a license or practice certificate from 01 to 03 months for violations specified in Point e, Clause 1 of this Article.

- Remedial measures:

+ Force the removal of infringing elements on labels and packaging of counterfeit goods 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 the act 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 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.

PL