Purchasing Counterfeit Goods: Who Should Be Sued?

In reality, there are numerous similar incidents where consumers either purchase counterfeit goods, expired products, or goods with unclear origins. Consumers feel that their legitimate rights are being infringed upon, but they either endure the situation silently or become too upset and act thoughtlessly, not knowing whom to sue or what to do to seek compensation.

Firstly, when purchasing counterfeit or substandard goods, consumers should preserve the status quo of the goods and retain all related evidence to contact the seller for a replacement, refund, or compensation. They should also inform the nearest Market Management agency or police authority. In cases where disputes arise, consumers should file a complaint accompanied by relevant evidence of the goods to the nearest Market Management agency or police authority for handling.

According to current Vietnamese law, the acts of selling counterfeit or substandard goods are strictly prohibited. Depending on the nature and extent of the violation, offenders may face complaints, lawsuits, administrative fines, and criminal liability.

Under Article 8 of the 2010 Law on Consumer Protection, consumers are guaranteed the safety of their life, health, property, rights, and other legitimate interests when engaging in transactions, using goods or services provided by businesses and have the right to demand compensation when goods or services do not meet standards, technical regulations, quality, quantity, functionality, utility, or price. In case of disputes, they have the right to file complaints, denunciations, or lawsuits to protect their rights.

According to Decree 185/2013/ND-CP, depending on the level of violation, offenders may be fined, have their goods confiscated, or have their business licenses revoked.

In addition to administrative penalties, violators may also face criminal liability for deceiving customers as follows:

"Article 162. Crime of Deceiving Customers

1. Anyone who cheats in buying or selling by weighing, measuring, counting, or using other fraudulent means causing significant damage to customers, or who has been administratively sanctioned for this act or convicted of this crime, but has not had their conviction expunged and reoffends, shall be subject to a warning, a fine of between VND 5,000,000 and VND 50,000,000, non-custodial reform for up to three years or imprisonment for between three months and three years.

2. Committing the crime multiple times or for significant illicit gain shall be subject to imprisonment between two to seven years.

3. Offenders may also be fined between VND 3,000,000 and VND 30,000,000."

Or may constitute the crime of producing fake goods under Article 157 of the 1999 Penal Code as follows:

"Article 157. Crime of Producing, Trading in Counterfeit Food, Foodstuffs, Medicinal Products, Prevention Medicines

1. Anyone who produces or trades in counterfeit food, foodstuffs, medicinal products, or preventive medicines shall be subject to imprisonment from two to seven years.

2. Committing the crime under one of the following circumstances shall be subject to imprisonment from five to twelve years: a) Organized; b) Professional nature; c) Dangerous recidivism; d) Abusing position, authority; e) Abusing the name of agencies, organizations; f) Causing serious consequences.

3. Committing the crime causing very serious consequences shall be subject to imprisonment from twelve to twenty years.

4. Committing the crime causing particularly serious consequences shall be subject to imprisonment from twenty years, life imprisonment, or death.

5. The offenders may also be fined between VND 5,000,000 and VND 50,000,000, have part or all of their property confiscated, and be prohibited from holding certain positions or practicing certain professions or doing certain jobs for one to five years."

The scourge of counterfeit and substandard goods is widespread, severely impacting the country's economy and particularly affecting consumers' health. Therefore, to avoid purchasing counterfeit or substandard goods, consumers must be cautious in selecting the items they intend to purchase and seek out trustworthy places for their purchases.

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