How much are fines for production of counterfeit stamps, labels and packages in Vietnam?

Recently, the Government of Vietnam has issued the Decree No. 98/2020/NĐ-CP prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Sản xuất tem, nhãn, bao bì hàng hoá giả, Nghị định 98/2020/NĐ-CP

According to Article 14 of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, fines for production of counterfeit stamps, labels and packages are specified as follows:

- A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is less than 100 pieces, sheets or equivalent units (hereinafter referred to as “unit”);

- A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 100 to under 500 units;

- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 500 to under 1.000 units;

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 1.000 to under 2.000 units;

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 2.000 to under 3.000 units;

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 3.000 to under 5.000 units;

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is from 5.000 to under 10.000 units;

- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed in case the quantity of counterfeit stamps, labels and packages is 10.000 units or more, if not liable to criminal prosecution.

Note: The fine that is twice as much as the corresponding fine prescribed in Clause 1 of this Article shall be imposed for:

- the violation involving counterfeit stamps, labels and packages of foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics, medical devices or protective helmets; or

- the violation involving counterfeit stamps, labels and packages of detergents, chemicals, insecticidal and microbicidal preparations for household and medical use, animal feeds, aquaculture feeds, aqua environmental remediation products, livestock waste treatment products, fertilizers, veterinary drugs, pesticides, plant varieties, animal breeds, cement, iron or steel used in construction.

Fines for production of counterfeit stamps, labels and packages shall be up to VND 50 million depending on the quantity of counterfeit goods. In case the counterfeit goods are special goods such as food, food additives, etc., the fine level will be doubled, which can be up to VND 100 million.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Thuy Tram

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