Vietnam: Misappropriation of trade secrets shall be fined up to VND 300 million

This is a content specified in Decree No. 75/2019/ND-CP of Vietnam’s Government providing for penalties for administrative violations against regulations on competition.

Specifically, according to Article 16 of Decree No. 75/2019/ND-CP of Vietnam’s Government, a fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for committing one of the following violations:

- Accessing or obtaining trade secrets by taking actions against security measures adopted by the older of such trade secrets;

- Disclosing or using trade secrets without the permission of the holder of such trade secrets.

Notably, the above fines are imposed for violations committed by organizations. The fine imposed upon an individual shall be equal to a half of that imposed upon an organization for committing the same administrative violation against regulations on competition.

In addition to being fined, the violating entity may also be subject to the following additional penalties:

- The exhibits and instrumentalities for committing the administrative violation shall be confiscated;

- Profits illegally obtained from the administrative violation shall be confiscated.

View more details at Decree No. 75/2019/ND-CP of Vietnam’s Government, effective from December 01, 2019.

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