What are the penalties for producing and trading counterfeit masks in Vietnam?

What are the penalties for producing and trading counterfeit masks in Vietnam? (Illustration)

Counterfeit masks often use poor quality fabric materials and do not have an antibacterial filter fabric. Therefore, there will be no effect of filtering fine dust and droplets containing bacteria and viruses. Using a fake mask will easily cause pneumonia and especially increase the risk of infection with respiratory diseases, including the Covid-19 epidemic.

Therefore, individuals and organizations that produce counterfeit masks will be severely fined according to Article 10 of Vietnam's Decree 98/2020/ND-CP. Specifically, if the quality indicators or basic specifications or the amount of primary substances contributing in the counterfeit mask only reaches 70%, or less, compared to the minimum levels prescribed in technical regulations or quality standards registered, or announced, or specified in their labels or packages;

• A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth less than VND 3.000.000 or the illegal profit obtained is less than VND 5.000.000;

• A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND 5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND 10.000.000;

• A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND 10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND 20.000.000;

• A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND 20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND 30.000.000;

• A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND 30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND 50.000.000;

• A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth VND 30.000.000 or more or the illegal profit obtained is VND 50.000.000 or more, if not liable to criminal prosecution.

• The fine is twice the above fine levels if it is cosmetics, medical equipment, detergents, chemicals, insecticidal and germicidal preparations used in household and medical fields, cement, iron steel construction, helmet.

At the same time, the following fines shall be imposed for trading in counterfeit mask:

• A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth less than VND 3.000.000 or the illegal profit obtained is less than VND 5.000.000;

• A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND 5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND 10.000.000;

• A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND 10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND 20.000.000;

• A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND 20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND 30.000.000;

• A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND 30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND 50.000.000;

• A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed in case the quantity of counterfeit goods is equivalent to an amount of genuine goods worth VND 30.000.000 or more or the illegal profit obtained is VND 50.000.000 or more, if not liable to criminal prosecution.

• The fine is twice the above fine levels if it is cosmetics, medical equipment, detergents, chemicals, insecticidal and germicidal preparations used in household and medical fields, cement, iron steel construction, helmet.

Thus, for acts of producing fake masks, the highest fine is 200,000,000 VND, and for trading fake masks, the highest fine is 140,000,000 VND.

In addition to administrative sanctions, depending on the level and nature of their behavior, these subjects may face criminal liability in Article 192 of Vietnam's Criminal Code 2015 (amended in 2017) for the crime of producing and trading in counterfeit goods. Thus those guilty of trading in fake goods can be fined up to VND 100 million or imprisoned for up to 15 years. Legal entities that commit this crime can be fined up to VND 09 billion or suspend all operations in Vietnam.

Le Thanh

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