25/03/2023 12:45

Is it illegal to sell phone cases printed with the image of Vietnamese money?

Is it illegal to sell phone cases printed with the image of Vietnamese money?

I have seen on the e-commerce platforms that many stores sell phone cases printed with the image of Vietnamese money. So, is it illegal for them to trade phone cases printed with the image of Vietnamese money? Mr. Binh - Ha Giang, Vietnam.

Hello, The Editorial Board would like to answer the following:

Currency is a form of payment used in exchange for goods and services, but many stores use the face value of money to print on profitable electric cases. Through this article to clarify the above issue is illegal.

1. Is it illegal to sell phone cases printed with the image of Vietnamese money?

Pursuant to the provisions of Clause 3, Article 3 of Decision 130/2003/QD-TTg on the protection of Vietnamese currency:

The act of copying Vietnamese currency for any purpose without the prior written consent of the State Bank is strictly prohibited.

Therefore, selling phone cases printed with Vietnamese currency without the written approval of the State Bank is prohibited by law.

These phone cases will be on the list of goods that are not yet allowed to be circulated and used in Vietnam and are considered prohibited goods according to the provisions of Clause 6, Article 3 of Decree 185/2013/ND-CP. Specifically: "Prohibited goods" include goods banned from business; goods banned from circulation and use; goods not yet allowed to be circulated or used in Vietnam.

Pursuant to Clause 4, Article 31 of Decree 88/2019/ND-CP stipulating penalties for administrative violations in the monetary and banking sectors, the fine levels are as follows:

A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for copying, printing, using the layout, part or all of the images, details and patterns of the Vietnamese currency against the provisions of law. the law.

In addition, violators may also be subject to the additional penalty of confiscating all exhibits and means of committing the violation, and handing them over to competent agencies for handling.

At the same time, must destroy all material evidence and means used to commit the violation, and remit the illegal profits obtained to the state budget due to committing violations by using Vietnamese currency denominations to print on electric cases for profitable business.

2. Can money be used as decoration in Vietnam?

According to the provisions of Article 3 of Decision 130/2003/QD-TTg, Article 23 of the Law on State Bank of Vietnam 2010 on prohibited acts related to the Vietnamese currency include:

- Making fake money; transporting, storing, and circulating counterfeit money.

- Illegally destroying money.

- Refusing to accept and circulate coins that meet the State Bank's circulation requirements.

- Copying Vietnamese currency for any purpose without the prior written consent of the State Bank.

- Other prohibited acts as prescribed by law.

Thus, the fact that some people use money to fold flowers, decorate pictures, and make gods of fortune but do not cut, tear, burn, or deform the usable value after decoration does not indicate money damage and does not violate the law on the management and use of Vietnamese currency.

Therefore, for acts of cutting, tearing, burning, or destroying other people's money that are a first-time offense with a light nature and severity, an administrative fine of between VND 10,000,000 and 15,000,000 may be imposed on the violator.

However, if it is a re-offending act, the violator has been convicted of this crime and his criminal record has not yet been cleared, the money is a relic or antiquity of another person will be examined for penal liability.

At this time, the penalty for the aforementioned behavior is non-custodial reform for up to three years or a prison term ranging from six months to three years. 

Nguyen Ngoc Tram
203


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