Vietnam: What should you so when the goods you bought from Tiktok Shop are counterfeit?

Lawnet would like to answer as follows

What are the fine level for the act of trading of counterfeit goods?

According to the provisions of Article 9 of Decree 98/2020/ND-CP, the fine level for the act of trading of counterfeit goods is as follows:

Article 9. Trade in goods whose uses are forged

The following fines shall be imposed for trading in goods whose uses are forced prescribed in Point a, b, c and d Clause 7 Article 3 hereof:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth less than VND 3.000.000 or the illegal profit obtained is less than VND 5.000.000;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND 5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND 10.000.000;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND 10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND 20.000.000;

d) A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND 20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND 30.000.000;

dd) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND 30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND 50.000.000;

e) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth VND 30.000.000 or more or the illegal profit obtained is VND 50.000.000 or more, if not liable to criminal prosecution.

Thus, depending on the seriousness of the behavior, the seller may be administratively sanctioned from VND 1,000,000 to VND 70,000,000 or will be criminally handled according to the provisions of Article 192 of the Penal Code of Vietnam on "Crime of manufacturing and trading of counterfeit goods". In addition, counterfeiters are also subject to additional penalties and forced to take remedial measures equivalent to violations.

What should you so when the goods you bought from Tiktok Shop are counterfeit?

In case you buy fake goods, it is necessary to keep track of the status of the defective product and related documents such as invoices, vouchers, warranty cards, etc.In case a defective product has been used that affects health, life, or damages other properties, consumers need to keep documents proving the damage, such as: hospital diagnoses, prescriptions, medical examination and treatment receipts, repair bills, etc., to have grounds for complaints and compensation claims.

Regarding settlements and claims for damages that have occurred, the following are common remedies:

Negotiation, Mediation

You can negotiate with the seller to request an exchange/refund and claim damages. In the event that you cannot negotiate with the seller, you can ask for help from the competent authorities.

Complaints to authorities, reports to press agencies

Through the process of negotiation and conciliation, if the two parties cannot reach an agreement, you can submit a complaint with the collected documents and records to one of the following agencies:

- Local Market Management Sub-department

- Local Sub-department of food hygiene and safety

- Inspector of Competition and Consumer Protection Bureau

- Consumer Protection Association

In addition, you can send feedback to the press and media agencies for handling and deterrence methods.

File a lawsuit in court

In case of filing a lawsuit at the Court, you need to file a lawsuit together with documents and evidence to prove that fake goods or poor quality goods have caused damage to you and your family.

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