What is the significance of November 29 in Vietnam? What is the lunar calendar date for November 29, 2024?
What is the significance of November 29 in Vietnam? What is the lunar calendar date for November 29, 2024?
On November 12, 2007, the Office of the Government of Vietnam issued Official Dispatch 6512/VPCP-V.I in 2007 agreeing to designate November 29 annually as the "Anti-Counterfeit Goods Day".
The Vietnam Association for Anti-Counterfeit and Trademark Protection actively cooperates with relevant ministries and sectors to have specific and practical action programs for this day to enhance information dissemination and raise awareness among businesses, consumers, and society as a whole regarding the fight against counterfeit and imitation goods.
Thus, November 29 is Anti-Counterfeit Goods Day. According to the Lunar Calendar, November 29, 2024, falls on October 29, 2024, of the lunar calendar.
What is the significance of November 29 in Vietnam? What is the lunar calendar date for November 29, 2024? (Image from the Internet)
What are counterfeit goods?
Based on Clause 7, Article 3 of Decree 98/2020/ND-CP:
Article 3. Definitions
Under this Decree, the following terms are understood as follows:
[...]
- "Counterfeit goods" include:
a) Goods that have utility and functionality not consistent with their original nature, name; goods without utility and functionality or goods with utility and functionality not consistent with the published or registered utility and functionality;
b) Goods that have at least one of their primary quality indicators, technical characteristics, or critical substance quantities that create the utility and functionality, which reach 70% or less of the minimum level required according to the technical standards or quality standards registered, published, or stated on the label or packaging;
[...]
Thus, counterfeit goods are the following items:
- Goods with utility and functionality not consistent with their original nature, name; goods without utility and functionality or goods with utility and functionality not consistent with the published or registered utility and functionality
- Goods that have at least one of their primary quality indicators, technical characteristics, or critical substance quantities creating their utility and functionality that reach 70% or less of the minimum level required according to the technical standards or quality standards registered, published, or stated on the label or packaging
- Counterfeit drugs include those manufactured under the following conditions:
+ Without active ingredients
+ Active ingredients inconsistent with those listed on the label or registered for circulation or noted in the import license
+ Active ingredients inconsistent in concentration, dosage, or mass registered for circulation or noted in the import license, except drugs that do not meet quality standards in storage, distribution
+ Manufactured, presented, or labeled to impersonate the manufacturer, country of manufacture, or foreign origin
- Counterfeit pharmaceuticals include those that fall under the following conditions:
+ Not the correct species, part, or origin intentionally labeled by the business on the label or noted in accompanying documents
+ Intentionally mixed or substituted with non-listed constituents; intentionally extracted active component pharmaceuticals
+ Manufactured, presented, or labeled to impersonate the manufacturer, country of manufacture, or foreign origin
What are the fines for displaying counterfeit goods at a trade exhibition in Vietnam?
Based on Point a, Clause 3; Clause 6; Point b, Clause 7 Article 35 of Decree 98/2020/ND-CP on violations concerning trade fairs and exhibitions:
Article 35. Violations in trade fairs and exhibitions
[...]
- Fines ranging from 10,000,000 VND to 20,000,000 VND for any of the following acts:
a) Displaying counterfeit goods or goods infringing intellectual property rights at trade fairs and exhibitions without clearly labeling them as counterfeit or infringing or without mentioning them in the registered content for organizing trade fairs and exhibitions;
[...]
- Additional penalties:
Confiscation of the material evidence concerning violations at Points a and b of Clause 3 of this Article.
[...]
- Measures to remedy consequences:
[...]
b) Compulsory return of illicit gains obtained from the act of violation specified in this Article.
The act of displaying counterfeit goods at trade exhibitions without clearly labeling them as counterfeit results in a fine ranging from 10,000,000 VND to 20,000,000 VND.
Additionally, there will be confiscation of the involved material evidence and compulsory return of illicit gains obtained.
Note: The above penalties are applicable to organizations. If the administrative violation is committed by an individual, the fine is halved compared to what is imposed on organizations. (As stipulated at Point b, Clause 4, Article 4 of Decree 98/2020/ND-CP, amended and supplemented by Points b, c, Clause 1, Article 3 of Decree 17/2022/ND-CP)
