How will the production and trade of counterfeit goods be handled?

Reply:

Article 192 of the Penal Code stipulates the "Crime of manufacturing and trading in counterfeit goods" as follows:

1. Anyone who produces or trades in counterfeit goods in one of the following cases, if not in the cases specified in Articles 193, 194 and 195 of this Code, 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, 193, 194, 195, 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 injury or damage to the health of another person with a bodily injury rate of 31% to 60%;

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

d) Causing property damage from VND 100,000,000 to under VND 500,000,000.

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) Abusing position and power;

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

d) 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;

e) Illegal profits from VND 100,000,000 to under VND 500,000,000;

g) Causing death;

h) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;

i) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

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

l) Cross-border trade;

m) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 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) Illegal profits of VND 500,000,000 or more;

c) Causing the death of two or more people;

d) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people being 122% or more;

d) Causing property damage of VND 1,500,000,000 or more.

4. The offender may also be fined from VND 20,000,000 to VND 50,000,000, 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.

5. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) Committing a crime under the provisions of Clause 1 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) Committing a crime in one of the cases specified in Points a, b, d, e, g, h, i, k, l and m, Clause 2 of this Article, shall be subject to a fine of from VND 3,000,000,000 to VND 6,000,000,000;”.

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or suspension of operations for a period of from 06 months to 03 years;

d) Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations;

d) Commercial legal entities may also be fined from VND 50,000,000 to VND 200,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years.