Is it permissible to put foreign names for Vietnamese goods in Vietnam?
Is it permissible to put foreign names for Vietnamese goods in Vietnam? Is there any fine for writing wrong name of goods in Vietnam?
I work in a confectionery business. There will be a new batch of goods coming soon and our General Manager wants to put foreign name for the goods. I wonder if it is illegal to do so. Is there any fine for writing wrong name of goods in Vietnam?
Thank you!
Is it permissible to put foreign names for Vietnamese goods in Vietnam?
Pursuant to Article 11 of the Decree 43/2017/NĐ-CP stipulating name of good as follows:
The name of the goods shall be put in the noticeable and legible place on the label.
The name of goods shall be shown in the biggest size in comparison with other mandatory information on the label.
The name presented shall be named by the manufacturer. The name may not mislead the nature, use, and ingredients of the goods.
If the goods is wholly or partly named after an ingredient therein, the ingredient’s quantity shall be presented, except for the case prescribed in Clause 4 Article 13 of this Decree.
As regulations above, the name presented shall be named by the manufacturer. The goods shall also satisfy other requirements as above.
Is there any fine for writing wrong name of goods in Vietnam?
Pursuant to Article 22 of the Decree 128/2020/NĐ-CP stipulating offences against regulations on labeling of imports as follows:
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for importing goods on which contents are illegible as prescribed by the law on goods labels but the importer fails to remedy the situation.
2. Penalties for importing goods whose labels contain incorrect compulsory contents as prescribed by the law on goods labels with respect to imports (except for counterfeit goods and goods with falsely declared Vietnamese origins) are as follows:
a) A fine ranging from VND 500,000 to VND 1,000,000 if the exhibit is worth less than VND 5,000,000;
b) A fine ranging from VND 1,000,000 to VND 3,000,000 if the exhibit is worth from VND 5,000,000 to less than VND 10,000,000;
c) A fine ranging from VND 3,000,000 to VND 7,000,000 if the exhibit is worth from VND 10,000,000 to less than VND 20,000,000;
d) A fine ranging from VND 7,000,000 to VND 10,000,000 if the exhibit is worth from VND 20,000,000 to less than VND 30,000,000;
dd) A fine ranging from VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 30,000,000 to less than VND 50,000,000;
e) A fine ranging from VND 15,000,000 to VND 20,000,000 if the exhibit is worth from VND 50,000,000 to less than VND 70,000,000;
g) A fine ranging from VND 20,000,000 to VND 25,000,000 if the exhibit is worth from VND 70,000,000 to less than VND 100.000.000;
h) A fine ranging from VND 25,000,000 to VND 30,000,000 if the exhibit is worth VND 100,000,000 or more.
3. Penalties for importing goods without original labels though original labels are compulsory:
a) A fine ranging from VND 1,000,000 to VND 3,000,000 if the exhibit is worth less than VND 5,000,000;
b) A fine ranging from VND 3,000,000 to VND 5,000,000 if the exhibit is worth from VND 5,000,000 to less than VND 10,000,000;
c) A fine ranging from VND 5,000,000 to VND 10,000,000 if the exhibit is worth from VND 10,000,000 to less than VND 20,000,000;
d) A fine ranging from VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 20,000,000 to less than VND 30,000,000;
dd) A fine ranging from VND 15,000,000 to VND 25,000,000 if the exhibit is worth from VND 30,000,000 to less than VND 50,000,000;
e) A fine ranging from VND 25,000,000 to VND 35,000,000 if the exhibit is worth from VND 50,000,000 to less than VND 70,000,000;
g) A fine ranging from VND 35,000,000 to VND 50,000,000 if the exhibit is worth from VND 70,000,000 to less than VND 100.000.000;
h) A fine ranging from VND 50,000,000 to VND 60,000,000 if the exhibit is worth VND 100,000,000 or more.
4. Remedial measures:
The violator is compelled to:
a) remove from the territory of the Socialist Republic of Vietnam or re-export the exhibits of offences in this Article during the effective period of the decision on penalty imposition;
b) pay an amount equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law if any of the offences in this Article is committed.
As regulations above, the act of writing wrong name of goods shall be fined from VND 1,000,000 to VND 3,000,000. In addition, the exhibits of offences shall be removed from the territory of the Socialist Republic of Vietnam or re-exported. The exhibits shall be confiscated equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law.
Best regards!