How is the production and trade of counterfeit drugs handled criminally?

Reply: Pursuant to the provisions of Article 194 of the 2015 Penal Code (amended by Point a, Clause 44, Article 1, Law amending the 2017 Penal Code), the crime of manufacturing and trading in counterfeit medicines and disease prevention drugs is stipulated as follows:

1. Anyone who produces or trades in counterfeit medicines or disease prevention drugs shall be sentenced to imprisonment from 2 to 7 years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years:

a) Organized;

b) Professional in nature;

c) Dangerous recidivism;

d) Abusing position and power;

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

e) Cross-border trade;

g) 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;

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

i) Causing injury or damage to the health of another person with a bodily injury rate of 31% to 60%;

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

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 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 from VND 500,000,000 to under VND 2,000,000,000;

c) Causing death;

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

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

e) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.

4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment, life imprisonment or death:

a) Illegal profits of VND 2,000,000,000 or more;

b) Causing the death of two or more people;

c) 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.”;

5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years or have part or all of his/her property confiscated.

Thus, the production and trade of counterfeit medicines and disease prevention drugs can be punished with imprisonment from 2 to 7 years. Depending on the case and the severity, the minimum sentence is 5 years and the highest is life imprisonment or death. In addition, the offender may also be subject to additional penalties: a fine from 20,000,000 VND to 100,000,000 VND, a ban from holding a position, practicing a profession or doing certain work from 1 to 5 years or confiscation of part or all of the property.