Vietnam: Determination of the total value of infringing goods at the time of commission of an administrative violation

10:33, 30/06/2015

This is a featured content mentioned in Circular No. 11/2015/TT-BKHCN issued by the Minister of Science and Technology of Vietnam, detailing and guiding a number of articles of Decree No. 99/2013/NĐ-CP of Vietnam’s Government on sanctioning of administrative violations ill the field of industrial property.

According to Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, the valuation of infringing goods and services under Article 4 of Decree No. 99/2013/NĐ-CP of Vietnam’s Government is guided as follows:

gia tri, vi pham, so huu cong nghiep, thong tu 11/2015/TT-BKHCN

- The total value of infringing goods and services at the time of commission of an administrative violation prescribed in Chapter II of Decree No. 99/2013/NĐ-CP shall be determined according to the following formula:

Total value of infringing goods and services is (=) the quantity of infringing goods or volume of infringing services multiplied by (x) the unit price of infringing goods or services at the time of commission of the administrative violation.

- The valuation of infringing goods and services must comply with Clause 1, Article 4 of Decree No. 99/2013/NĐ-CP.

Where there are grounds to believe that listed prices or prices stated in contracts or sale and purchase invoices or import declarations specified at Point a, Clause 1, Article 4 of Decree No. 99/2013/NĐ-CP are untruthful, competent agencies shall apply next prices in the priority order prescribed at Points b and c, Clause 1, Article 4 of Decree No. 99/2013/NĐ-CP.

- In case there are no grounds for application of Clause 2, Article 5 of Circular No. 11/2015/TT-BKHCN, the competent person handling the case may issue a decision on temporary seizure of material evidence of infringements and set up a valuation council under Clause 3, Article 4 of Decree No. 99/2013/NĐ-CP.

- In case at the time of inspection, no material evidence being infringing goods or services is detected to serve as a basis for determination of sanctions and sanctioning competence but there is evidence that some organization or individual has committed the infringement and the statute of limitations for sanctioning has not expired, the competent agency shall apply Clause 14, Article 11; Clause 11, Article 12; and Clause 14, Article 14, of Decree No. 99/2013/NĐ-CP for sanctioning the infringement.

View more details at Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from August 11, 2015.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

18 lượt xem

- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn