Can I sue if I buy fake cosmetics in Vietnam?

Can I sue if I buy fake cosmetics in Vietnam?

Pursuant to Clause 1, Article 10 of the Law on Protection of Consumer Rights 2010 stipulates the prohibited acts:

1. Attempt of organizations or individuals trading goods and/or services in deceiving or misleading consumers via advertising activities, or hide or provide information that is incomplete, false or inaccurate about one of the following details:

a) Goods and/or services that organizations or individuals trading goods and/or services provided;

b) Reputation, business ability, and ability to provide goods and/or services of organizations or individuals trading goods and/or services;

c) The contents and characteristics of transaction between consumers and organizations or individuals trading goods and/or services.

In Article 8 of the Law on Protection of Consumer Rights 2010, consumer Rights are stipulated:

1. Being protected safely as to their life, health, property, and other legitimate rights and interests when being involved in transactions, use of goods and/or services provided by organizations or individuals trading goods and/or services.

2. Being provided accurate and complete information about organizations or individuals trading goods or services; contents of transaction of goods and/or services; the source and origin of goods; being provided with invoices and vouchers and documents relating to the transactions and other necessary information about goods and/or services that consumers purchase and/or use.

3. Being entitled to select goods or services, organizations or individuals trading goods and/or services according to their actual needs and conditions; decide to participate or not participate in the transaction and agreed contents when joining transaction with organizations or individuals trading goods and/or services.

4. Being entitled to offer suggestions to organizations or individuals trading goods and/or services on price, quality of product or service, service style, trading methods and other content concerning transactions between consumers and organizations or individuals trading goods and/or services.

5. Being entitled to participate in formulating and implementing policies and legislation on protection of the interests of consumers.

6. Being entitled to rrequire compensation if the provided goods or services do not match technical standards or norms, quality, quantity, features, usage, pricing or other contents that organizations or individuals trading goods and/or services already announced, posted, advertised or pledged.

7. Being entitled to complaint, denounce and take a lawsuit or propose social organization to take a lawsuit in order to protect their rights under the provisions of this Law and other provisions of law involved.

8. Getting Advice, support and guidance on the knowledge for consumption of goods and/or services.

Thus, the jar of cream that you buy at G cosmetics store is a fake, this is a form of fraudulent product supply, which is against the law in Vietnam. After using the product of that cosmetic store, you have an allergic reaction, you have right to sue the owner of that cosmetic shop to ensure your rights.

How much is fine for selling fake cosmetics in Vietnam? 

According to Article 11 of Decree 98/2020/ND-CP as amended by Clause 5, Article 3 of Decree 17/2022/ND-CP, stipulating trade in goods whose labels or packages are forged as follows:

1. The following fines shall be imposed for trading in goods whose labels or packages are forged as prescribed in Point dd 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 20.000.000 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 20.000.000 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 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 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 VND 30.000.000 or more or the illegal profit obtained is VND 50.000.000 or more, if not liable to criminal prosecution.

2. The fine that is twice as much as the corresponding fine prescribed in Clause 1 of this Article shall be imposed for importing counterfeit goods or the violation involving counterfeit goods which are:

a) foods, food additives, food preservatives, food processing aids, drugs or medicinal ingredients, if not liable to criminal prosecution;

b) animal feeds, aquaculture feeds, aqua environmental remediation products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds; or

c) cosmetics, medical devices, detergents, chemicals, insecticidal and microbicidal preparations for household and medical use, cement, iron and steel used in construction, or protective helmets.

3. Additional penalties:

a) The exhibits of the violations prescribed in this Article shall be confiscated, except the case of application of the remedial measure prescribed in Point a or Point b Clause 4 of this Article;

b) Suspension of professional license or permit for 1 to 3 months for violations under Point e Clause 1 of this Article.

4. Remedial measures:

a) The violating entity is compelled to remove violating elements on labels or packages of counterfeit goods or destroy the counterfeit goods in case of commission of any of the violations prescribed in this Article, except the case of application of the remedial measure prescribed in Point b of this Clause;

b) The violating entity is compelled to transport to out of the territory of the Socialist Republic of Vietnam or re-export counterfeit goods imported prescribed in this Article;

c) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.

Therefore, selling fake cosmetics can be fined up to 140,000,000 VND. G cosmetic store has supplied products from the US, so it will be fined twice, the fine can be up to 140,000,000 VND depending on the quantity of goods. In addition, there are additional penalties and remedial measures as prescribed above in Vietnam.

Best Regards!