Decree No. 08/2013/ND-CP on administrative penalties for acts of producing and trading counterfeit goods

DECREE

Provisions on administrative penalties for violations of administrative regulations concerning acts of producing and trading counterfeit goods

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;The Ministry of Finance issued on November 13,

Pursuant to the Maritime Code of Vietnam HThe Law on Administrative Procedures dated February 12, 1999 and the Law1 ENVIRONMENTJune 2024;on Administrative Procedures dated June 29, 2009; Provincial People's Committees set specific prices1. Supplement Clause 15 of Article 2 as follows:, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. Article 1. Announcement of the maritime area of the coastal port located within the jurisdiction of Qu lAmendment and Supplement to Certain Provisions of the Tobacco Control Law HThe Law on Commerce dated

Pursuant to the Law Thograms andThe Law on Intellectual Property dated June 29, 14thJune 2024;107/2012/NĐ-CP ngày 20 tháng 12 năm 2012 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức;

Pursuant to the Law Provincial People's Committees set specific pricesThe Law on Intellectual Property dated November 11, 2005 and the LawJune 2024;on Intellectual Property dated June 29, 2009; Provincial People's Committees set specific pricesto amend,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP This Circular stipulates on classification, guidance, and support for technical specialties; technical catalogues; quality assessment of medical examination and treatment facilities; registration for health insurance medical examination and treatment and patient transfer among medical examination and treatment facilities under the Ministry of National Defense.管理条例 of the Law Provincial People's Committees set specific pricesintellectual property on 29th,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." Violations of administrative regulations 1The Law on Penalties dated July 2, 2002 and the Ordinance

Căn cứ Pháp lệnh Xđổ lon Penalties dated April 2, 2008;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Decree stipulates acts of administrative violations, forms and levels of penalties, measures to remedy consequences applied to administrative violations, procedures and authorities for imposing administrative penalties on acts of producing and trading counterfeit goods. Provincial People's Committees set specific prices1. Supplement Clause 15 of Article 2 as follows:supplemented,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. Goods subject to the scope of adjustment of this Decree include types of goods lon Foreign Exchange Xđổ las specified in Clause 2, Article 3 of the Lawi Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."on Commerce 2005.

At the proposal of the Minister of Industry and Trade;

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government issued the Decree stipulating administrative penalties"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Vietnamese individuals and organizations that engage in acts of producing and trading counterfeit goods within the territory of Vietnam.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsForeign individuals and organizations that engage in acts of producing and trading counterfeit goods within the territory of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.June 2024;According to this Decree, the following terms shall be understood as follows:,

Chapter

I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. "Producing counterfeit goods" means carrying out one, some or all activities of manufacturing, printing, processing, ordering, preliminary processing, processing, extraction, recycling, assembly, mixing, dividing, refilling, packaging and other activities to produce counterfeit goods for circulation.

2. "Trading counterfeit goods" means carrying out one, some or all activities of offering for sale, displaying, introducing, advertising, promoting, storing, preserving, transporting, buying and selling, exporting, importing and other activities to bring counterfeit goods into circulation.Coat "Counterfeit labels, packages" include stickers, labels of goods T, packages of goods

Article 2. Applicability

1. , various types of quality control seals, warranty seals, shrink-wrap films or other items of businesses with false indications as specified in Clause 2, Article 4 of this Decree.

2. "Evidence":

Article 3. Explanation of Terms

Finished counterfeit goods, unfinished counterfeit goods that have been or have not yet been put into circulation;

1. Raw materials, spare parts, components, parts, additives, processing aids, various types of materials, raw materials and counterfeit labels, packages used

2. in the production of counterfeit goods.

3. "Means of violation" includes transport vehicles, tools, machinery and other objects used to produce and trade counterfeit goods.CoatArticle 4. Types of counterfeit goodsCoatGoods without utility or function:of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsGoods without utility or function; with utility or function not consistent with their inherent nature, name, or description of the goodspolicies; with utility or function not consistent with the declared or registered utility or function;

4. Goods with a content, quantity of main ingredients, total nutrients or other basic technical characteristics only reaching 70% or less of the quality standards, technical regulations already registered, announced or marked on the label, package of the goods.

a) Medicines for preventing and treating diseases in humans and animals without drug content; with drug content but not consistent with the registered content; lacking the registered drug content; containing a different drug from the drug indicated on the label, package of the goods.

b) Plant protection chemicals without active ingredients; with active ingredient content only reaching 70% or less of the quality standards, technical regulations already registered, announced or applied; lacking the registered active ingredients; containing a different active ingredient from the active ingredient indicated on the label, package of the goods.nationalCounterfeit goods imitating the labels of goods, packages of goods: OF NATIONAL đdevelopment Goods with counterfeit labels of goods imitating the name of another trader, address of another trader; imitating the trade name, product name of goodsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs, registration number for circulation, barcode or package of goods

5. of another trader;

Goods with labels of goods, packages of goods indicating false information about the origin of goods

1. , place of manufacture, packaging, assembly of goods

a) Counterfeit goods imitating intellectual property rights as provided for in Article 213 of the Lawồon Intellectual Property 2005.CoatCounterfeit labels, packages. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;dụng không đúng với giá trị sử dụng, công dụng đã công bố;No. hoặc đăng ký;

b) Hàng hóa có hàm lượng, định lượng chất chính, tổng các chất dinh dưỡng hoặc đặc tính kỹ thuật cơ bản khác chỉ đạt mức từ 70% trở xuống so với tiêu chuẩn chất lượng, quy chuẩn kỹ thuật đã đăng ký, công bố áp dụng; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;dụng hoặc ghi trên nhãn, bao bì hàng hóa;Coat;

c) Thuốc phòng bệnh, chữa bệnh cho người, vật nuôi không có dược chất;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairst; có dược chất;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairst nhưng không đúng với hàm lượng đã đăng ký; không đủ loại dược chất đã đăng ký; có dược chất khác với dược chất ghi trên nhãn, bao bì hàng hóa;Coat;

d) Thuốc bảo vệ thực vật không có hoạt chất; hàm lượng hoạt chất chỉ đạt từ 70% trở xuống so với tiêu chuẩn chất lượng, quy chuẩn kỹ thuật đã đăng ký, công bố áp dụng; không đủ loại hoạt chất đã đăng ký;ngcó hoạt chất khác với hoạt chất ghi trên nhãn, bao bì hàng hóa.amendHàng giả mạo nhãn hàng hóa, bao bì hàng hóa:

2. Hàng hóa

a) có nhãn hàng hóaCoat giả mạo tên thương nhân, địa chỉ của thương nhân khác; giả mạo tên thương mại, tên thương phẩm hàng hóaCoatArticle 4. Types of counterfeit goodsCoat , mã số đăng ký lưu hành, mã vạch hoặc bao bì hàng hóaCoatcủa thương nhân khác;Coat Hàng hóa có nhãn hàng hóa, bao bì hàng hóa ghi chỉ dẫn giả mạo về nguồn gốc hàng hóa

b) , nơi sản xuất, đóng gói, lắp ráp hàng hóaCoatHàng giả mạo về sở hữu trí tuệ quy định tại Điều 213 Luật Sở hữu trí tuệ năm 2005.Coat.

3. Tem, nhãn, bao bì giả. Provincial People's Committees set specific pricesViệc áp dụng hình thức xử phạt tước quyền sử dụng có thời hạn hoặc không thời hạn giấy phép, chứng chỉ hành nghề thực hiện theo quy định tại Điều 16 Pháp lệnh và Điều 11 Nghị định số 128/2008/NĐ-CP.

4. Các biện pháp khắc phục hậu quả quy định tại Nghị định này được áp dụng như sau:

Article 5. Application of administrative penalties and measures to remedy consequences

1. The fines prescribed in this Decree shall be applied for punishment according to the nature and degree of violation, the violator with the following fine amounts:

a) For the act of trading counterfeit goods: From VND 100,000 to VND 70,000,000;

b) For the act of producing counterfeit goods: From VND 200,000 to VND 100,000.000;

2. Supplementary administrative penalty forms of confiscation of evidence and means of violation prescribed in this Decree shall be applied in the following cases: tra) Evidence as stipulated in Point b Clause 4 Article 3 of this Decree;

a) b) Counterfeit goods that if subject to a measure requiring individuals or organizations to destroy them on their own would affect the environment,

health bof humans, animals, plants and public order and safety;commission Counterfeit goods that cannot remove the illegal elements on labels or packaging, or removing such elements still leads to the possibility of further violations; The Minister of Public Security promulgates this Circular regulating environmental testing, c) Exporting out of Vietnam or re-exporting the evidence is not feasible; kh/acute infectious diseases of producers/processers ... d) Confiscation of means of violation applies to types of means directly used by individuals or organizations to produce and trade counterfeit goods and does not include means of violation as prescribed in Clause 2 Article 17 of the Administrative Violations Handling Ordinance 2002 amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violations Handling Ordinance 2008 (hereinafter referred to as the Ordinance) and Clause 2 Article 12 Decree No. 128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Ordinance (hereinafter referred to as Decree No. 128/2008/ND-CP).The form of administrative penalty of suspending the right to use licenses or certificates for a limited or unlimited period prescribed in this Decree shall be applied as follows:

c) It only applies to individuals or organizations that have been granted licenses or certificates for professional practice and have committed administrative violations;Coat The application of the form of administrative penalty of suspending the right to use licenses or certificates for a limited or unlimited period shall be carried out in accordance with the provisions of Article 16 of the Ordinance and Article 11 of Decree No. 128/2008/ND-CP.

d) The measures to remedy consequences prescribed in this Decree shall be applied as follows:

Compelling individuals or organizations that have violated to destroy counterfeit goods shall be applied to types of counterfeit goods where self-destruction does not affect the environment, human health, animals, plants, and public order and safety;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsCompelling individuals or organizations that have violated to remove illegal elements from labels or packaging of counterfeit goods shall be applied to types of counterfeit goods where illegal elements can be removed and the removal of such elements does not lead to the possibility of further violations;       In accordance with Compelling individuals or organizations that have violated to export out of Vietnam or re-export counterfeit goods shall be applied to acts of importing counterfeit goods when the violators have the ability to implement these measures;

3. Compelling individuals or organizations that have violated to return the proceeds obtained into the state budget shall be applied to individuals or organizations that have gained improper benefits, including all proceeds obtained from producing and trading counterfeit goods;ứd) Compelling individuals or organizations that have violated to recall and destroy or compel to recall and remove illegal elements shall be applied to counterfeit goods that have already been sold or consumed and are still circulating in the market.

a) When applying measures to remedy consequences prescribed in Clause 4 of this Article, the person imposing the penalty must specify a deadline for the violator to comply. In case the violator fails to comply within the deadline specified in the penalty decision, coercive enforcement or a decision to confiscate for disposal shall be made in accordance with the regulations.on;

b) Buộc cá nhân, tổ chức vi phạm tiêu hủy hàng giả được áp dụng đối với loại hàng giả mà việc tự tiêu hủy không ảnh hưởng đến môi sinh, môi trường, sức khỏe con người, vật nuôi, cây trồng và trật tự an toàn xã hội;yBuộc cá nhân, tổ chức vi phạm loại bỏ yếu tố vi phạm trên nhãn, bao bì hàng giả được áp dụng đối với loại hàng giả loại bỏ được yếu tố vi phạm và việc loại bỏ yếu tố vi phạm này không dẫn đến khả năng vi phạm tiếp theo;periodBuộc đưa ra khỏi lãnh thổ Việt Nam hoặc buộc tái xuất hàng giả đối với hành vi nhập khẩu hàng giả được áp dụng trong trường hợp cá nhân, tổ chức vi phạm có khả năng thực hiện được các biện pháp này;

4. Buộc nộp lại số tiền thu được vào ngân sách nhà nước được áp dụng đối với cá nhân, tổ chức vi phạm có thu lợi bất chính, bao gồm toàn bộ số tiền thu được từ sản xuất, buôn bán hàng giả;

a) đ) Buộc thu hồi tiêu hủy hoặc buộc thu hồi loại bỏ yếu tố vi phạm được áp dụng đối với hàng giả mà cá nhân, tổ chức vi phạm đã tiêu thụ, đã bán còn đang lưu thông trên thị trường., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Khi áp dụng biện pháp khắc phục hậu quả quy định tại Khoản 4 Điều này, người có thẩm quyền xử phạt phải quy định thời hạn phù hợp cho cá nhân, tổ chức vi phạm thực hiện. Trường hợp đã hết thời hạn thực hiện ghi trong quy định xử phạt mà không thực hiện thì phải cưỡng chế thi hành hoặc quyết định tịch thu để xử lý theo quy định.ớg) Phạt tiền từ 30.000.000 đồng đến 50.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ 30.000.000 đồng trở lên mà không bị truy cứu trách nhiệm hình sự./acute infectious diseases of producers/processers ... Phạt tiền gấp hai lần các mức tiền phạt quy định tại Khoản 1 Điều này, nhưng không quá 70.000.000 đồng đối với một trong các trường hợp sau đây:

b) Hàng giả là lương thực, thực phẩm, thuốc chữa bệnh, thuốc phòng bệnh, thức ăn chăn nuôi, phân bón, thuốc thú y, thuốc bảo vệ thực vật, giống cây trồng, giống vật nuôi mà không bị truy cứu trách nhiệm hình sự;n l Hàng giả là phụ gia thực phẩm, hóa mỹ phẩm, trang thiết bị y tế, xi măng, sắt thép xây dựng, mũ bảo hiểm;policiesu tNo. Hành vi nhập khẩu hàng giả hoặc cá nhân, tổ chức buôn bán hàng giả là người trực tiếp nhập khẩu hàng giả đó.

c) Hình thức xử phạt bổ sung:rime Minister cTịch thu tang vật, phương tiện vi phạm đối với vi phạm quy định tại Điều này;

d) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn đối với vi phạm quy định tại Điều này trong trường hợp vi phạm nhiều lần hoặc tái phạm; vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này;No.Tước quyền sử dụng giấy phép, chứng chỉ hành nghề không thời hạn đối với vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này trong trường hợp vi phạm nhiều lần hoặc tái phạm.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsBiện pháp khắc phục hậu quả:

Buộc tiêu hủy hàng giả đối với vi phạm quy định tại Điều này;commission Buộc đưa ra khỏi lãnh thổ Việt Nam hoặc tái xuất hàng giả đối với hành vi nhập khẩu hàng giả quy định tại Điều này;policiesBuộc nộp lại số tiền thu được từ buôn bán hàng giả vào ngân sách nhà nước đối với vi phạm quy định tại Điều này;No.Buộc thu hồi tiêu hủy đối với hàng giả đã bán còn đang lưu thông trên thị trường đối với vi phạm quy định tại Điều này.No. lượng của hàng thật có giá trị đến 1.000.000 đồng;ngPhạt tiền từ 500.000 đồng đến 2.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 1.000.000 đồng đến 3.000.000 đồng;

5. Phạt tiền từ 2.000.000 đồng đến 3.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 3.000.000 đồng đến 5.000.000 đồng;rime Minister cm provisiononPhạt tiền từ 3.000.000 đồng đến 5.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 5.000.000 đồng đến 10.000.000 đồng;national5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.development of individuals,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP đ) Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 10.000.000 đồng đến 20.000.000 đồng;i Phạt tiền từ 10.000.000 đồng đến 20.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 20.000.000 đồng đến dưới 30.000.000 đồng;policiesPhạt tiền từ 20.000.000 đồng đến 30.000.000 đồng trong trường hợp hàng giả tương đương với số lượng của hàng thật có giá trị từ trên 30.000.000 đồng đến dưới 50.000.000 đồng;

Article 6. Application of legal provisions on administrative penalties for violations

1. Individuals and organizations engaging in acts of producing and trading counterfeit goods shall be subject to administrative penalties for each violation according to this Decree.

2. Principles of penalty application; cases not subject to penalty; mitigating or aggravating circumstances; statute of limitations and penalty deadlines; periods considered as not yet penalized; calculation of statute of limitations and deadlines; forms of administrative penalties and measures to remedy consequences; responsibilities of authorized authorities in imposing administrative penalties for acts of producing and trading counterfeit goods shall be carried out in accordance with the Ordinance and Decree No. 128/2008/NĐ-CP.

Article 7. Transfer of case files indicating criminal offenses for prosecution

ứor transfer lagain for administrative punishment

1. Acts of producing and trading counterfeit goods that indicate criminal offenses as stipulated in the Penal Code of 1999 and the Law Hamending and supplementing certain articles of the Penal Code Provincial People's Committees set specific pricesof 2009, the authorized authority must transfer the case file of the violation to the competent criminal proceedings agency for consideration and prosecution of criminal responsibility in accordance with Article 62 of the Ordinance. HIf not prosecuted for criminal responsibility, the case file of the violation of producing and trading counterfeit goods shall be transferred for administrative punishment in accordance with Article 63 of the Ordinance, then the administrative punishment shall be carried out in accordance with this Decree.yVIOLATIONS OF ADMINISTRATIVE LAW, FORMS AND AMOUNTS OF PENALTIES

2. If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalArticle 8. Administrative punishment for the act of trading counterfeit goods without utility or function

Chapter

II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

A fine from VND 500,000 to VND 1,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at up to VND 1,000,000;

1. A fine from VND 1,000,000 to VND 3,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at over VND 1,000,000 to VND 3,000,000;

a) A fine from VND 3,000,000 to VND 5,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at over VND 3,000,000 to VND 5,000,000;No. A fine from VND 5,000,000 to VND 10,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at over VND 5,000,000 to VND 10,000,000;a e) A fine from VND 10,000,000 to VND 20,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at over VND 10,000,000 to VND 20,000,000;policiesf) A fine from VND 20,000,000 to VND 30,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at over VND 20,000,000 to under VND 30,000,000;ồ;

b) g) A fine from VND 30,000,000 to VND 50,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at VND 30,000,000 or more but not subject to criminal prosecution.onThe fine shall be twice the amount specified in Clause 1 of this Article, but not exceeding VND 70,000,000 in the following cases: đCounterfeit goods are foodstuffs, medicines, veterinary drugs, plant protection products, crop seeds, livestock breeds, and not subject to criminal prosecution;nationalCounterfeit goods are food additives, cosmetics, medical equipment, cement, construction steel, helmets;

c) The act of importing counterfeit goods or individuals and organizations trading in counterfeit goods that are directly imported by them.nationalAdditional forms of punishment:ồ;

d) Confiscation of contraband and means of violation as provided for in this Article;No. Suspension of the right to use business licenses and professional certificates for a period as provided for in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as stipulated in Points a and b, Clause 2 of this Article;

Permanent suspension of the right to use business licenses and professional certificates as provided for in this Article in cases of repeated violations or recidivism involving trading in counterfeit goods as stipulated in Points a and b, Clause 2 of this Article.nationalMeasures to remedy consequences:No. Compulsory destruction of counterfeit goods as provided for in this Article;

e) Compulsory removal of counterfeit goods from Vietnam or re-exportation as provided for in this Article for the act of importing counterfeit goods;No. Compulsory payment of proceeds from trading in counterfeit goods into the state budget as provided for in this Article; đCompulsory recall and destruction of counterfeit goods still circulating in the market as provided for in this Article.

Phạt tiền gấp hai lần các mức tiền phạt quy định tại Khoản 1 Điều này đối với một trong các trường hợp sau đây:nationalHàng giả là phụ gia thực phẩm, hóa mỹ phẩm, trang thiết bị y tế, xi măng, sắt thép xây dựng, mũ bảo hiểm;

2. Hành vi nhập khẩu hàng giả hoặc cá nhân, tổ chức buôn bán hàng giả là người trực tiếp nhập khẩu hàng giả đó;nationalVi phạm nhiều lần hoặc tái phạm; vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này;

a) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề không thời hạn đối với vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này trong trường hợp vi phạm nhiều lần hoặc tái phạm.

b) Counterfeit goods include food additives, cosmetics, medical equipment, cement, construction steel, and helmets; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;The act of importing counterfeit goods or individuals, organizations trading in counterfeit goods is the person directly importing such counterfeit goods;

c) Forms of supplementary penalties:

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) Permanent suspension of the right to use licenses and professional certificates for violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article in cases of repeated violations or recidivism;

c) Remedial measures:No.Forced destruction of counterfeit goods as stipulated in this Article;onForced removal from the territory of Vietnam or re-export of counterfeit goods as stipulated in this Article for the act of importing counterfeit goods;

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Forced recall and destruction of counterfeit goods that have been sold and are still circulating on the market as stipulated in this Article;

b) Fine of VND 1,000,000 for the quantity of genuine goods valued at up to VND 1,000,000;

c) Fine of VND 500,000 to VND 2,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 1,000,000 to VND 3,000,000;No.Fine of VND 2,000,000 to VND 3,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 3,000,000 to VND 5,000,000;

d) Fine of VND 3,000,000 to VND 5,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 5,000,000 to VND 10,000,000;ớFine of VND 5,000,000 to VND 10,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 10,000,000 to VND 20,000,000;

Article 9. Penalty for the act of producing counterfeit goods without utility or function

1. For the act of producing counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

a) A fine from VND 3,000,000 to VND 7,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value up to VND 3,000,000;.A fine from VND 7,000,000 to VND 10,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 3,000,000 to VND 5,000,000;nationalA fine from VND 10,000,000 to VND 20,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 5,000,000 to VND 10,000,000;

b) A fine from VND 20,000,000 to VND 30,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 10,000,000 to VND 20,000,000;.d) A fine from VND 30,000,000 to VND 40,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 20,000,000 to under VND 30,000,000;nationalA fine from VND 40,000,000 to VND 60,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30,000,000 or more but not subject to criminal prosecution.

c) The fine shall be doubled the amount of fines prescribed in Clause 1 of this Article, but not exceeding VND 100,000,000 for one of the following cases:nationalCounterfeit goods are foodstuffs, medicines, preventive medicines, animal feed, fertilizers, veterinary drugs, plant protection chemicals, plant seeds, livestock breeds that are not subject to criminal prosecution;

d) Counterfeit goods are food additives, cosmetics, medical devices, cement, construction steel, helmets.

Suspension of the right to use business licenses, professional certificates for a period in case of violation as prescribed in this Article where the violation occurs repeatedly or is a repeat offense;nationalPermanent suspension of the right to use business licenses, professional certificates for violations of producing counterfeit goods as prescribed in Clause 2 of this Article.

e) Order the destruction of counterfeit goods

2. Order the return of proceeds from producing counterfeit goods to the state budget in case of violation as prescribed in this Article; lOrder the recall and destruction of counterfeit goods already sold and still circulating on the market in case of violation as prescribed in this Article.of this Decree shall take effect from January 1, 2026.”Article 10. Penalty for the act of trading in counterfeit goods bearing false labels or packaging

a) For the act of trading in counterfeit goods bearing false labels or packaging as stipulated in Clause 2, Article 4 of this Decree, the fine shall be as follows:No.A fine from VND 200,000 to VND 500,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value up to VND 1,000,000;No.A fine from VND 500,000 to VND 2,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 1,000,000 to VND 3,000,000;No.A fine from VND 2,000,000 to VND 3,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 3,000,000 to VND 5,000,000;

b) A fine from VND 3,000,000 to VND 5,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 5,000,000 to VND 10,000,000;

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) d) A fine from VND 5,000,000 to VND 10,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 10,000,000 to VND 20,000,000;nationalA fine from VND 10,000,000 to VND 20,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 20,000,000 to under VND 30,000,000; lA fine from VND 20,000,000 to VND 30,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 30,000,000 to under VND 40,000,000;

c) The fine shall be doubled the amount of fines prescribed in Clause 1 of this Article for one of the following cases:

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Counterfeit goods are food additives, cosmetics, medical devices, cement, construction steel, helmets.No.Fine of VND 2,000,000 to VND 3,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 3,000,000 to VND 5,000,000;

b) Suspension of the right to use business licenses, professional certificates permanently for violations of trading in counterfeit goods as prescribed in Point a and b of Clause 2 of this Article where the violation occurs repeatedly or is a repeat offense;âPermanent suspension of the right to use business licenses, professional certificates for violations of trading in counterfeit goods as prescribed in Point a and b of Clause 2 of this Article where the violation occurs repeatedly or is a repeat offense.

c) Order the removal of the infringing elements on the labels, packaging of counterfeit goods in case of violation as prescribed in this Article;

Order the removal from Vietnam territory or re-exportation in case of the import of counterfeit goods as prescribed in this Article;

1. Order the return of proceeds from trading in counterfeit goods to the state budget in case of violation as prescribed in this Article;

a) Order the recall and removal of the infringing elements in case of counterfeit goods already sold and still circulating on the market in case of violation as prescribed in this Article.No. Fine of VND 10,000,000 to VND 20,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 20,000,000 to under VND 30,000,000;

b) Fine of VND 20,000,000 to VND 30,000,000 in cases where counterfeit goods are equivalent to the quantity of genuine goods valued from over VND 30,000,000 to under VND 40,000,000;

c) Double the fines prescribed in Clause 1 of this Article for one of the cases mentioned above;ồ;

d) g) A fine from VND 30,000,000 to VND 50,000,000 in cases where the counterfeit goods are equivalent to the quantity of genuine goods valued at VND 30,000,000 or more but not subject to criminal prosecution.onCounterfeit goods include food additives, cosmetics, medical equipment, cement, construction steel, and helmets;ồViolations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article; lPermanent suspension of the right to use licenses and professional certificates for violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article in cases of repeated violations or recidivism;00 Permanent suspension of the right to use licenses and professional certificates for violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article in cases of repeated violations or recidivism;

Application of remedial measures for administrative violations stipulated in this Decree;

e) Not having a time limit;

g) Having a time limit;.Economic management order and official position, Director of Provincial Public Security, Director of the Criminal Police Department for economic management and official position authorized to impose administrative penalties according to Article 31 of the Ordinance on the handling of administrative violations for acts of producing and trading in counterfeit goods as stipulated in this Decree; MarketHàng giả là phụ gia thực phẩm, hóa mỹ phẩm, trang thiết bị y tế, xi măng, sắt thép xây dựng, mũ bảo hiểm;

2. At the time and place of discovery of administrative violations according to Point d Clause 2 Article 34 of Decree No. 128/2008/NĐ-CP. Heads of inspection and supervision agencies discovering administrative violations or currently processing them shall be responsible for determining the value according to this provision;nationalVi phạm nhiều lần hoặc tái phạm; vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này;

a) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề không thời hạn đối với vi phạm buôn bán loại hàng giả quy định tại Điểm a và b Khoản 2 Điều này trong trường hợp vi phạm nhiều lần hoặc tái phạm.

b) In cases where it is not possible to determine the value as stipulated in Clause 1 of this Article, a Valuation Committee shall be established according to Clause 3 of Article 34 of Decree No. 128/2008/NĐ-CP to determine the value based on the priority order specified in Clause 2 of Article 34 of Decree No. 128/2008/NĐ-CP;ắEvidence and means of violation as stipulated in Point b Clause 4 and Clause 5 of Article 3 of this Decree shall be determined in accordance with Article 34 of Decree No. 128/2008/NĐ-CP;development;

c) Forms of supplementary penalties:

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) d) A fine from VND 5,000,000 to VND 10,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value from over VND 10,000,000 to VND 20,000,000;nationalThe Minister of Finance is responsible for organizing and coordinating with the Ministry of Industry and Trade and other relevant ministries and sectors to provide detailed regulations on the implementation of provisions in Point d Clause 4, Clause 5, Clause 3 of Article 20, and Article 22 of this Decree;

c) People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.onnto effecần hoặc tái phạm.

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Order to remove the violation elements on the label and packaging of counterfeit goods as stipulated in this Article;

b) Order to remove from the territory of Vietnam or re-export in accordance with the act of importing counterfeit goods as stipulated in this Article;No.Order to recall and remove the violation elements in accordance with the counterfeit goods that have been sold and are still circulating in the market as stipulated in this Article;

c) Order to return the proceeds from selling counterfeit goods to the state budget as stipulated in this Article;

d) Order to recall land remove the violation elements in accordance withNo.the counterfeit goods that have been sold and are still circulating in the market as stipulated in this Article;

Article 11. Sanctions for the act of producing counterfeit goods bearing trademarks or packaging

1. For the act of producing counterfeit goods bearing trademarks or packaging as stipulated in Clause 2, Article 4 of this Decree, the fines shall be as follows:

a) A fine of VND 2,000,000 to VND 5,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value up to VND 3,000,000;

b) A fine of VND 5,000,000 to VND 8,000,000 in cases where....000....the counterfeit goods are equivalent in quantity to genuine goods with a value up to VND 5,000,000;nationalA fine from VND 40,000,000 to VND 60,000,000 where the counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30,000,000 or more but not subject to criminal prosecution.

c) A fine of VND 8,000,000 to VND 15,000,000 in cases where...nationalMeasures to remedy consequences:No. Suspension of the right to use business licenses and professional certificates for a period as provided for in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as stipulated in Points a and b, Clause 2 of this Article;

d) ...the counterfeit goods are equivalent in quantity to genuine goods with a value from VND 5,000,000 to VND 10,000,000;nationalA fine of VND 15,000,000 to VND 25,000,000 in cases where the counterfeit goods are equivalent in quantity to genuine goods with a value from VND 10,000,000 to VND 20,000,000;

d) A fine of VND 25,000,000 to VND 35,000,000 in cases where...nationalPermanent suspension of the right to use business licenses, professional certificates for violations of producing counterfeit goods as prescribed in Clause 2 of this Article.

e) A fine of VND 35,000,000 to VND 45,000,000 in cases where the counterfeit goods are equivalent in quantity to genuine goods with a value of VND 30,000,000 or more without being subject to criminal prosecution;

2. The fine shall be doubled for each of the following circumstances:No.Where the counterfeit goods are foodstuffs, medicines, veterinary drugs, feed, fertilizers, seeds, seedlings, or construction materials such as cement, steel, or helmets...

a) ...and not subject to criminal prosecution;n l Revoking the right to use business licenses or professional certificates for a limited period for violations under this Article if they occur repeatedly or are recidivist offenses;ệ ENVIRONMENTitselfiocultural ot TPermanently revoking the right to use business licenses or professional certificates for violations of producing counterfeit goods as stipulated in Clause 2 of this Article if they occur repeatedly or are recidivist offenses;No.Ordering the return of profits derived from producing counterfeit goods to the state budget for violations under this Article;

b) In cases where it is not possible to determine the value as stipulated in Clause 1 of this Article, a Valuation Committee shall be established according to Clause 3 of Article 34 of Decree No. 128/2008/NĐ-CP to determine the value based on the priority order specified in Clause 2 of Article 34 of Decree No. 128/2008/NĐ-CP;ắOrdering the recall and removal of infringing elements from counterfeit goods already sold that are still circulating on the market for violations under this Article. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Article 12. Sanctions for the act of trading counterfeit labels, trademarks, or packaging

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) For the act of trading counterfeit labels, trademarks, or packaging as stipulated in Clause 4, Article 4 of this Decree, the fines shall be as follows:

c) A fine of VND 100,000 to VND 200,000 where the counterfeit labels, trademarks, or packaging have a quantity up to 100 units;No.A fine of VND 200,000 to VND 500,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 100 units to 500 units;t A fine of VND 500,000 to VND 1,000,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 500 units to 1,000 units;

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Order to remove the violation elements on the label and packaging of counterfeit goods as stipulated in this Article;

b) A fine of VND 1,000,000 to VND 2,000,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 1,000 units to 2,000 units;

c) d) A fine of VND 2,000,000 to VND 5,000,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 2,000 units to 3,000 units;i A fine of VND 5,000,000 to VND 10,000,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 3,000 units to 5,000 units;

A fine of VND 10,000,000 to VND 15,000,000 where the counterfeit labels, trademarks, or packaging have a quantity from over 5,000 units to 10,000 units;

1. A fine of VND 15,000,000 to VND 20,000,000 where the counterfeit labels, trademarks, or packaging have a quantity over 10,000 units.

a) The fine shall be doubled for each of the following circumstances:

b) Counterfeit labels, trademarks, or packaging of goods such as foodstuffs, medicines, veterinary drugs, feed, fertilizers, seeds, seedlings, construction materials such as cement, steel, or helmets;

c) The act of importing counterfeit labels, trademarks, or packaging or individuals, organizations trading counterfeit labels, trademarks, or packaging who are directly importing those items;

d) Revoking the right to use business licenses or professional certificates for a limited period for violations under this Article if they occur repeatedly or are recidivist offenses; violations of trading counterfeit labels, trademarks, or packaging as stipulated in Point a, Clause 2 of this Article;

Permanently revoking the right to use business licenses or professional certificates for violations of trading counterfeit labels, trademarks, or packaging as stipulated in Point a, Clause 2 of this Article if they occur repeatedly or are recidivist offenses;policiesOrdering the destruction of counterfeit labels, trademarks, or packaging for violations under this Article;

e) Ordering the return of profits derived from trading counterfeit labels, trademarks, or packaging to the state budget for violations under this Article;

g) Ordering the recall and destruction of counterfeit labels, trademarks, or packaging already sold that are still circulating on the market for violations under this Article.policiesVND 10,000 units;

h)||| Fine from VND 15,000,000 to VND 20,000,000 in cases where the counterfeit labels, packaging exceed 10,000 units;nationalVND 10,000 units.

2. Double the fines prescribed in Clause 1 of this Article in any of the following cases:

a) Counterfeit labels, packaging of goodsCoat including foodstuffs, food additives, veterinary drugs, medicines, cosmetics, medical devices, animal feed, fertilizers, veterinary drugs, plant protection products, crop seeds, livestock breeds, cement, construction steel, helmets;

b) The act of importing counterfeit labels, packaging or individuals, organizations trading in counterfeit labels, packaging are directly involved in importing such counterfeit labels, packaging;i Revoking the right to use licenses, certificates of practice for a limited period for violations as stipulated in this Article in case of repeated offenses or recidivism; violations of trading in counterfeit labels, packaging as stipulated in Point a Clause 2 of this Article;

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) Revoking the right to use licenses, certificates of practice indefinitely for violations of trading in counterfeit labels, packaging as stipulated in Point a Clause 2 of this Article in case of repeated offenses or recidivism;Average loan repayment period is 10 years;Order to destroy counterfeit labels, packaging as stipulated in this Article;

c) Order to return the proceeds from trading in counterfeit labels, packaging to the state budget as stipulated in this Article;

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Order to recall and destroy counterfeit labels, packaging that have been sold and are still circulating in the market as stipulated in this Article;commission Information identifying counterfeit goods, areas or locations where counterfeit goods were discovered on their websites or provide this information to mass media agencies;onPeople's Committees of provinces and centrally governed cities shall have the authority to impose administrative penalties as provided for in Articles 28, 29, and 30 of the Ordinance against acts of producing and trading in counterfeit goods as stipulated in this Decree within their jurisdiction;

b) Article 37 of the Ordinance has the authority to impose administrative penalties against acts of producing and trading in counterfeit goods as stipulated from Article 8 to Article 14 of this Decree;

c) Fine up to VND 5,000,000;No.Confiscate the objects of violation and means of violation valued up to VND 30,000,000;

Article 13. Penalty for the act of producing counterfeit labels, packaging, and seals

1. For the act of producing counterfeit labels, packaging, and seals as stipulated in Clause 4, Article 4 of this Decree, the fine amounts shall be as follows:

a) A fine of from VND 200,000 to VND 500,000 in cases where the number of counterfeit labels, packaging, and seals is up to 100 units;

b) A fine of from VND 500,000 to VND 1,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 100 units to 500 units;

c) A fine of from VND 1,000,000 to VND 2,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 500 units to 1,000 units;nationalA fine of from VND 2,000,000 to VND 5,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 1,000 units to 2,000 units;

d) A fine of from VND 5,000,000 to VND 10,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 2,000 units to 3,000 units;nationalA fine of from VND 10,000,000 to VND 15,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 3,000 units to 5,000 units;No. A fine of from VND 15,000,000 to VND 20,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 5,000 units to 10,000 units;

d) A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units.

e) A fine of from VND 10,000,000 to VND 15,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 3,000 units to 5,000 units;nationalA fine of from VND 15,000,000 to VND 20,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 5,000 units to 10,000 units;ì A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units;

g) A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units;nationalA fine of from VND 15,000,000 to VND 20,000,000 in cases where the number of counterfeit labels, packaging, and seals is from over 5,000 units to 10,000 units;

h)||| A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units;.A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units;No. A fine of from VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, packaging, and seals is over 10,000 units;

2. A fine of double the amount of money penalties prescribed in Clause 1 of this Article in cases where counterfeit labels, packaging, and seals are of goods;For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. such as foodstuffs, food additives, disease prevention drugs, treatment drugs, cosmetics, medical equipment, animal feed, fertilizers, veterinary drugs, plant protection products, crop seeds, livestock breeds, cement, construction steel, helmets.Coat Revoking the right to use business licenses and professional certificates with a time limit for violations as stipulated in this Article

3. Confiscation of evidence and means of violation as stipulated in this Article;

a) Suspension of the right to use licenses and professional certificates for a limited period as stipulated in this Article in cases of repeated violations or recidivism; violations of trading in counterfeit goods as specified in Points a and b Clause 2 of this Article;

b) in cases of repeated violations or recidivism; violations of producing counterfeit labels, packaging, and seals as stipulated in Clause 2 of this Article; trRevoking the right to use business licenses and professional certificates without a time limit for violations of producing counterfeit labels, packaging, and seals as stipulated in Clause 2 of this Article in cases of repeated violations or recidivism.

c) Compelling the destruction of counterfeit labels, packaging, and seals for violations as stipulated in this Article;

4. Forced return of proceeds from trading in counterfeit goods to the state budget as stipulated in this Article;

a) Compelling the return of proceeds from producing counterfeit labels, packaging, and seals to the state budget for violations as stipulated in this Article;

b) Compelling the recall and destruction of counterfeit labels, packaging, and seals that have been sold and are still circulating in the market for violations as stipulated in this Article.

c) Compelling the recall and destruction of counterfeit labels, packaging, and seals that have been sold and are still circulating in the market for violations as stipulated in this Article.commission Article 14. Penalty for the act of producing and trading counterfeit goods infringing intellectual property rights

For acts of producing and trading counterfeit goods infringing intellectual property rights as stipulated in Clause 3, Article 4 of this Decree, the provisions on administrative penalties in the field of intellectual property shall be applied to impose penalties.

PROCEDURES AND AUTHORITY FOR ADMINISTRATIVE PENALTIES

Chapter

III

Article 15. Procedures for imposing penalties

The procedures for imposing penalties, the time limits for imposing penalties, the procedures for transferring case files of violations suspected of being criminal offenses, transferring case files of violations for administrative penalties, and implementing decisions on administrative penalties shall be carried out in accordance with the Ordinance and the Decree

1. No. 128/2008/NĐ-CP. number The authority and procedures for enforcing administrative penalty decisions through coercive measures shall be implemented in accordance with the provisions of Government Decree No. 37/2005/NĐ-CP dated March 18, 2005, which stipulates the procedures for applying coercive measures

2. to enforce administrative penalty decisions.policies All administrative penalty cases must

3. compile case files and lretain them fully in accordance with the provisions of the law.priority Persons authorized to impose administrative penalties are responsible for publicly disclosing information about the name, address of individuals and organizations producing and trading counterfeit goods that have been penalized, types of counterfeit goods, distinguishing features of counterfeit goods, areas or locations where counterfeit goods were discovered on their websites or provide these pieces of information to mass media agencies.

4. Persons authorized to impose administrative penalties are responsible for publicly disclosing information about the name, address of individuals and organizations producing and trading counterfeit goods that have been penalized, types of counterfeit goods, distinguishing features of counterfeit goods, areas or locations where counterfeit goods were discovered on their websites or provide these pieces of information to mass media agencies.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsApply measures to remedy the consequences in accordance with administrative violations stipulated in this Decree, except for the measure of ordering removal from the territory of Vietnam or re-exporting counterfeit goods, objects of violation;đổ d) Apply measures to remedy the consequences in accordance with administrative violations stipulated in this Decree;

Article 16. Competence to impose administrative penalties of People's Committees at all levels

Chairperson DECREES:People's Committee of communes, wards, towns; Chairperson DECREES:of People's Committee of districts, cities under provincial administration, towns directly under central administration; ChairpersonNo. of People's Committee of provinces, centrally-administered cities have the competence to impose administrative penalties according to Articles 28, 29, and 30 of the Ordinance on the acts of producing and trading counterfeit goods as prescribed in this Decree within their jurisdiction. DECREES:without a time limitrime Minister cm provisiononhas the authority

Article 17. Competence to impose administrative penalties of Market Management Agencies

1. The person having competence of Market Management Agencies as prescribed in Articley 37 of the Ordinance has the competence to impose administrative penalties on the acts of producing and trading counterfeit goods as prescribed from Article 8 to Article 14 of this Decree.onto maintain economic management order and official position, Directors of Provincial Public Security Departments, Heads of Provincial Criminal Police Investigation Departmentsonon economic management and official position have the authority to impose administrative penalties as provided for in Article 31 of the Ordinance against acts of producing and trading in counterfeit goods as stipulated in this Decree;.

2. The competence to impose administrative penalties of Inspectors of Market Management Agencies as prescribed in Clause 1 of this Article while performing their duties:developmentWarning penalty;ngFine up to VND 200,000.

a) The competence to impose administrative penalties of Team Leaders of Market Supervision Teams as prescribed in Clause 1 of this Article:

b) Fine up to VND 5,000,000;

3. Seizure of infringing objects and means of infringement with a value up to VND 30,000,000; lApplication of measures to remedy consequences against administrative infringements as prescribed in this Decree, except for the measure of forced removal from the territory of Vietnam or forced re-exportation of counterfeit goods, infringing objects.

a) The competence to impose administrative penalties of Team Leaders of Market Supervision Teams as prescribed in Clause 1 of this Article:

b) having the same technical features and functions at the time and place of discovery of administrative violations as stipulated in Point d Clause 2 Article 34 Decree No. 128/2008/NĐ-CP. Heads of inspection and supervision agencies discovering administrative violations or handling administrative violations are responsible for determining the value according to this provision;

c) In cases where it is not possible to determine the value as stipulated in Clause 1 of this Article, a Valuation Committee shall be established in accordance with Clause 3 of Article 34 of Decree No. 128/2008/NĐ-CP to determine the value based on the price of counterfeit goods according to the priority order stipulated in Clause 2 of Article 34 of Decree No. 128/2008/NĐ-CP;

d) Objects of violation and means of violation as stipulated in Point b Clause 4 and Clause 5 Article 3 of this Decree shall be valued according to the provisions of Article 34 of Decree No. 128/2008/NĐ-CP;No.The Minister of Finance is responsible for organizing and coordinating with the Ministry of Industry and Trade and relevant ministries and sectors to specify detailed implementation of the provisions stipulated in Point d Clause 4, Clause 5, Clause 3 Article 20, and Article 22 of this Decree;t People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.

4. The competence to impose administrative penalties of Heads of Market Management Branches as prescribed in Clause 1 of this Article:

a) The competence to impose administrative penalties of Team Leaders of Market Supervision Teams as prescribed in Clause 1 of this Article:

b) Fine up to VND 20,000,000;

c) Suspension of the right to use licenses, certificates of practice for a limited period or indefinitely; suspension of business activities for a limited period;CoatSeizure of infringing objects and means of infringement;

d) d) Application of measures to remedy consequences against administrative infringements as prescribed in this Decree.

đ) Áp dụng các biện pháp khắc phục hậu quả đối với vi phạm hành chính quy định tại Nghị định này.

5. The competence to impose administrative penalties of Heads of Market Management Departments as prescribed in Clause 1 of this Article:

a) The competence to impose administrative penalties of Team Leaders of Market Supervision Teams as prescribed in Clause 1 of this Article:

b) Fine up to VND 70,000,000;

c) Suspension of the right to use licenses, certificates of practice for a limited period orhindefinitely;ặc không có thời hạbeyond authority; đìealth specialized agency under the People's Committee of the province/city.hỉ có thThis Resolution takes effect from the date it is adopted by the National Assembly.i THE indefinite suspension of business activities.throughnh hàFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.3. The Director of the State Treasury Management Department and Debt Management Center, the General Director of the National Treasury, and units within their functional and authority scope shall be responsible for organizing the implementation, guidance, and inspection of the enforcement of this Circular.CoatSeizure of infringing objects and means of infringement;

d) d) Application of measures to remedy consequences against administrative infringements as prescribed in this Decree.

đ) Áp dụng các biện pháp khắc phục hậu quả đối với vi phạm hành chính quy định tại Nghị định này.

Article 18. Competence to impose administrative penalties of public security agencies, customs, border guards, coast guard, specialized inspection agencies

1. Heads of Public Security Departments at district level, Heads of Criminal Investigation Police Departments for economic management order and official position, Directors of Public Security Departments at provincial level, Heads of Criminal Investigation Police Departments for economic management order and official position have the competence to impose administrative penalties according to Article 31 of the Ordinance on the acts of producing and trading counterfeit goods as prescribed in this Decree.on trật tự quản lý kinh tpolicies và chức vụ, Giám đốc Công an cấp tỉnh, Cục trưởng Cục Cảnh sát đionu tra tội phạm về trật tự quản lý kinh tpolicies và chức vụ có thẩm quyền xử phạt hành chính theo quy định tại Điều 31 Pháp lệnh đối với các hành vi sản xuof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairst, buôn bán hàng giả quy định tại Nghị định này.

2. Persons having competence of Border Guard Forces, Coast Guard, Customs have the competence to impose administrative penalties according to Articles 32, 33, and 34 of the Ordinance on the acts of exporting, importing counterfeit goods, trading counterfeit goods across borders as prescribed in this Decree within their jurisdiction.

3. Persons having competence of specialized inspection agencies have the competence to impose administrative penalties according to Article 38 of the Ordinance on the acts of producing and trading counterfeit goods as prescribed in this Decree within their jurisdiction and field of management.

Article 19. Determining the value of infringing objects

The determination of the value of infringing objects and means of infringement serves as the basis for determining the fine range and the competence to impose penalties shall be carried out according to the provisions of Article 34 of Decree No. 128/2008/ND-CP, specifically as follows:ệFor counterfeit goods as prescribed in Point a Clause 4 Article 3 of this Decree, it is the market price of genuine goods or goodsperiodwith the same technical features, functions at the time and place where the administrative infringement was discovered according to Point d Clause 2 Article 34 of Decree No. 128/2008/ND-CP. Heads of inspection and supervision agencies discovering administrative infringements or handling administrative infringements have the responsibility to organize the determination of prices according to this provision.

1. In cases where the value cannot be determined as prescribed in Clause 1 of this Article, a Valuation Board shall be established according to Clause 3 of Article 34 of Decree No. 128/2008/ND-CP to determine the price based on the priority order prescribed in Clause 2 of Article 34 of Decree No. 128/2008/ND-CP.Coat Infringing objects and means of infringement as prescribed in Point b Clause 4 and Clause 5 Article 3 of this Decree shall be valued according to the provisions of Article 34 of Decree No. 128/2008/ND-CP. issued có cùng tính năng kỹ thuật, công dụng tại thời điểm nơi phát hiện vi phạm hành chính theo quy định tại Điểm d Khoản 2 Điều 34 Nghị định số 128/2008/NĐ-CP. Thủ trưởng cơ quan thanh tra, kidevelopmentm tra phát hiện vi phạm hành chính hoặc đang thụ lý xử lý FUNCTION phạm hành chính có trách nhiệm t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP chức xác định giá theo quy định tại khoản này.

2. Trường hợp không thể xác định đconcerning the classification and determination of state management authority in the field of crop productionợc giá trị như quy định tại Khoản 1 Điều này thì thành lập Hội đồng định giá theo quy định tại Khoản 3 Điều 34 Nghị định số 128/2008/NĐ-CP để xác định giá theo giá của hàng giả căn cứ vào thứ tự ưu tiên quy định tại Khoản 2 Điều 34 Nghị định số 128/2008/NĐ-CP.

3. Tang vật vi phạm, phương tiện vi phạm quy định tại Điểm b Khoản 4 và Khoản 5 Điều 3 Nghị định này được xác định giá trị theo quy định tại Điều 34 Nghị định số 128/2008/NĐ-CP.

Article 20. Handling of Contraband and Means of Administrative Violations

1. The handling of contraband and means of administrative violations shall be carried out in accordance with the provisions of the Ordinance and Decree No. 128/2008/NĐ-CP.

2. Individuals and organizations committing administrative violations are responsible for paying the costs for the recovery and destruction of contrabandcommission, removal of violation factors when such measures are applied.

3. For counterfeit goods subject to confiscation and destructioncommission or destruction upon penalty impositioncommission if the individual or organization committing the violation is unable to pay the destruction costscommission or if there is no recipient for the counterfeit goods, the state budget shall provide funds for their destructioncommission in accordance with the regulations.

Article 21. Application of Measures to Prevent Administrative Violations

The application of measures to prevent administrative violations and ensure the punishment of administrative violations related to the production and sale of counterfeit goods shall be carried out in accordance with the provisions of the Ordinance and Decree No. 128/2008/NĐ-CP.

Management and use of the money collected from the handling of administrative violations related to the production and sale of counterfeit goods, including fines, proceeds from the sale of confiscated contraband and means (if applicable), shall be governed by the Minister of Finance's regulations.

This Decree takes effect from March 1, 2013.

Chapter

IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. Clause 8 of Article 3, Article 24, and Article 25 of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative penalties in commercial activities shall be amended and supplemented in accordance with Decree No. 112/2010/NĐ-CP dated December 1, 2010 of the Government amending and supplementing some articles of Decree No. 06/2008/NĐ-CP;

2. Abolish the following provisions:

a) Clause 6 of Article 3, Article 7, and Article 10 of Decree No. 15/2010/NĐ-CP dated March 1, 2010 of the Government on administrative penalties in fertilizer production and business activities;

b) Article 12 of Decree

c) 3. Amend Clause 3 Article 2 as follows:iNo. 0 9/NĐ6/200CP da-ng 22 January 2009tostipulates administrative penalties in of the Government the field of alcohol and tobacco production°and trade;, Clause 28 of Article 2 of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government detailing certain provisions of the Veterinary Law;

d) d) Point a, Point b, and Point d of Clause 2 of Article 23 of Decree No. 93/2011/NĐ-CP dated October 18, 2011 of the Government on administrative penalties concerning drugs, cosmetics, and medical devices;

Point b of Clause 4 of Article 13, Point c of Clause 6 of Article 14, and Point c of Clause 2 of Article 17 of Decree No. 26/2003/NĐ-CP dated March 19, 2003 of the Government on administrative penalties in the field of plant protection and quarantine;

e) Clause 3 of Article 12 and Clause 3 of Article 16 stipulating penalties for the act of counterfeiting labels of livestock breeds circulating in the market that have been registered under Decree No. 47/2005/NĐ-CP dated April 8, 2005 of the Government on administrative penalties in the field of livestock breeding;

g) Clause 2 of Article 3, Article 13, and Article 14 of Decree No. 08/2011/NĐ-CP dated January 25, 2011 of the Government on administrative penalties concerning animal feed;Deputy ministers of ministerial-level agencies, Point b and Point c of Clause 4 of Article 16 of Decree No. 97/2007/NĐ-CP dated June 7, 2007 of the Government on the handling of administrative violations and enforcement of administrative decisions in the customs sector, amended and supplemented by Decree No. 18/2009/NĐ-CP dated February 18, 2009 of the Government amending some articles of Decree No. 97/2007/NĐ-CP;

h)||| k) Other provisions of the Government on counterfeit goods and administrative penalties for acts of producing and selling counterfeit goods issued before the effective date of this Decree.

i) Acts of administrative violations regarding the production and sale of counterfeit goods that were committed and recorded in the administrative violation report before the effective date of this Decree shall be punished according to the relevant administrative penalty decrees., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Acts of administrative violations regarding the production and sale of counterfeit goods that were recorded during the period when this Decree was not yet effective but at the time of punishment this Decree has taken effect, shall be punished according to the provisions of this Decree if this Decree does not specify administrative penalties or provides lighter forms and levels of penalties.

The Minister of Industry and Trade is responsible for guiding and organizing the implementation of this Decree.

Article 24. Transitional Provisions

1. The Minister of Finance is responsible for leading and coordinating with the Ministry of Industry and Trade and other relevant ministries and sectors to detail the implementation of the provisions of

2. Point d of Clause 4 of Article 5,toClause 3 of Article 20 and Article 22 of this Decree.

Article 25. Responsibilities for Implementation

1. Provincial People's Committees directly under the central government are responsible for implementing this Decree./.

2. Bộ trưởng Bộ Tài chính có trách nhiệm chủ trì, phối hnationalp với Bộ Công Thương và các Bộ, ngành có liên quan quy định chi tiết việc thực hiện quy định tại Đidevelopmentm d Khoản 4 Đionu 5, Khoản 3 Đionu 20 và Điều 22 Nghị định này.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen DECREES:y ban nhân dân tỉnh, thành phố trực thuộc Trung ương có trách nhiệm thi hành Nghị định này./.