Determination of illegal profits from trading counterfeit goods in Vietnam

Vo Ngoc Nhi

15:51, 22/11/2022

Circular 65/2022/TT-BTC issued by the Ministry of Finance of Vietnam on November 2, 2022 guiding Clause 2, Article 91 of Decree 98/2020/NĐ-CP on sanctioning administrative violations in commercial activities, production and trading of counterfeit and banned goods and protection of consumers' interests.

According to Vietnam's Circular 65/2022/TT-BTC, guidance on determining illegal profits and other objects and assets obtained from trading in counterfeit and banned goods is as follows:

Illegal profits are other objects and properties that infringing organizations and individuals gain from administrative violations, according to the provisions of the Civil Code of 2015, in which:

- Objects are identified in accordance with Articles 110, 111, 112, 113, and 114 of the Civil Code of 2015.

- Other property is determined according to the provisions of Articles 105, 107, 109, and 115 of the .

In addition, Circular 65/2022/TT-BTC also guides the determination of illegal profits as money and valuable papers.

Vietnam's Circular 65/2022/TT-BTC takes effect on January 1, 2023, and replaces Vietnam's Circular 149/2014/TT-BTC.

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