Vietnam: Handing acts of producing counterfeit stamps, labels, and packages

Fines for acts of producing counterfeit stamps, labels, and packages specified in Point h Clause 8 Article 3 of Decree No. 185/2013/NĐ-CP are amended in Clause 13 Article 1 of Decree No. 124/2015/NĐ-CP of Vietnam’s Government as follows:

a) Warnings or a fine from VND 300,000 – 500,000 in case quantity of counterfeit stamps, labels, and packages is under 100 pieces;

b) A fine from VND 500,000 – 1,000,000 in case quantity of counterfeit stamps, labels, and packages is from 100 – less than 500 pieces;

c) A fine from VND 1,000,000 – 2,000,000 in case quantity of counterfeit stamps, labels, and packages is from 500 – less than 1,000 pieces;

d) A fine from VND 2,000,000 – 5,000,000 in case quantity of counterfeit stamps, labels, and packages is from 1,000 – less than 2,000 pieces;

dd) A fine from VND 5,000,000 – 10,000,000 in case quantity of counterfeit stamps, labels, and packages is from 2,000 – less than 3,000 pieces;

e) A fine from VND 10,000,000 – 15,000,000 in case quantity of counterfeit stamps, labels, and packages is from 3,000 – less than 5,000 pieces;

g) A fine from VND 15,000,000 – 20,000,000 in case quantity of counterfeit stamps, labels, and packages is from 5,000 – less than 10,000 pieces;

h) A fine from VND 20,000,000 – 30,000,000 in case quantity of counterfeit stamps, labels, and packages is from 10,000 pieces and over;

Notably, a fine twice the level for violations as prescribed above for one of the following cases:

- Counterfeit stamps, labels, and packages produced for food, food additives, food processing aids, food preservatives, functional food, preventive drugs, conventional medicine, cosmetics, medical equipment, helmets;

- Counterfeit stamps, labels, and packages for detergents, insecticides, animal feed, fertilizers, veterinary medicine, pesticide, plant and animal varieties, cements, construction steel;

Additional penalties: Confiscate counterfeit stamps, labels, and packages; Confiscate tools, machinery and other things used for production of counterfeit stamps, labels, and packages; Strip practice certificate, licenses from 3 - 6 months; Suspend part or whole of the production activity from 3 - 6 months.

Remedial measures: Force destruction of counterfeit stamps, labels, and packages; Force withdrawal or destruction of counterfeit stamps, labels, and packages currently in circulation; Force re-payment of illegal profits made by violations.

View full text at Decree No. 124/2015/NĐ-CP of Vietnam’s Government, effective from January 05, 2016.

Thu Ba

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