What are counterfeit goods according to the law in Vietnam? What are imprisonment sentences imposed on individuals trading counterfeit goods in vietnam?

What are counterfeit goods according to the law in Vietnam?

Pursuant to Clause 7 Article 3 of the Decree 98/2020/ND-CP, counterfeit goods include:

- Goods whose uses are not consistent with their nature or names; the goods which are useless or whose uses are other than the announced or registered ones;

- Goods of which one of quality indicators or basic specifications or the amount of primary substances contributing to their uses only reaches 70%, or less, compared to the minimum levels prescribed in technical regulations or quality standards registered, or announced, or specified in their labels or packages;

- Counterfeit drugs defined in Clause 33 Article 2 of the 2016 Law on Pharmacy and counterfeit herbal ingredients defined in Clause 34 Article 2 of the 2016 Law on Pharmacy;

- Veterinary drug or pesticide that does not contain any active ingredients; does not contain all of registered active ingredients; contains active ingredients other than those specified on its label or package; contains at least an active ingredient whose content only reaches 70%, or less, compared to the minimum level prescribed in relevant technical regulations or quality standards registered or announced;

- The good whose label or package containing information forging name or address of manufacturer, importer or distributor, forging registration number, declaration number or barcode of the good, forging package of good of another entity, or forging the origin of good or place of manufacturing, packaging or assembling;

- Counterfeit stamps, labels and packages of goods.

What are counterfeit goods according to the law in Vietnam? What are imprisonment sentences imposed on individuals trading  counterfeit goods in vietnam? - image from internet

What are imprisonment sentences imposed on individuals trading counterfeit goods in Vietnam?

Pursuant to Article 192 of the Criminal Code in 2015 (amended by Points a and b, Clause 42, Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating regulations on manufacturing and trading of counterfeit goods:

Manufacturing and trading of counterfeit goods

1. Any person who manufactures or deals in counterfeit goods in the following circumstances, except in the circumstances specified in Article 193, 194 and 195 hereof, shall be liable to a fine of from VND 100,000,000 to VND 1,000,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but the offender has incurred an administrative penalty for any of the offences specified in this Article and Article 188, 189, 190, 191, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for any of the aforementioned offences;

b) The offence causes 31% - 60% WPI for another person;

c) The illegal profit reaped is from VND 50,000,000 to under VND 100,000,000;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The value of counterfeit goods, according to the value of genuine goods with the same quantity, specifications or features, is assessed at from VND 150,000,000 to under VND 500,000,000;

e) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

g) The offence results in the death of a person;

h) The offence causes ≥ 61% WPI for another person;

i) The offence causes a total WPI of 61% - 121% for more than one person;

k) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

l) Goods are traded across the border;

m) Dangerous recidivism.

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As regulations above, individuals trading counterfeit goods in Vietnam shall face a penalty of 01 - 15 years' imprisonment.

Note: Depending on the severity of the offense, the Court will determine the final penalty.

The offender might also be liable to a fine of from VND 20,000,000 to VND 50,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Are consumers in Vietnam allowed to require compensation if they buy counterfeit goods?

Pursuant to Article 8 of the Law on protection of consumers’ rights in 2010 stipulating protection of consumer information:

Consumer Rights

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 require 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.

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As regulated above, consumers in Vietnam are allowed to require 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.

Best regards!