Vietnam: Trade in counterfeit stamps, labels and packages shall be fined up to VND 30 million

This is a notable content of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights, issued on August 26, 2020.

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

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

- A fine ranging from VND 300.000 to VND 500.000 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 500.000 to VND 1.000.000 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 1.000.000 to VND 3.000.000 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 3.000.000 to VND 5.000.000 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 5.000.000 to VND 10.000.000 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 10.000.000 to VND 15.000.000 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 15.000.000 to VND 20.000.000 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 20.000.000 to VND 30.000.000 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.

Besides, this Decree also stipulates that the fine that is twice as much as the corresponding fine mentioned above shall be imposed for:

- importing counterfeit stamps, labels and packages;

- 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.

Based on the quantity of goods, traders will be subject to fines corresponding to their violations. Concurrently, apply additional penalties and force the implementation of remedial measures as prescribed in this Decree.

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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