Joint Circular No. 1254/TT-LB guides the implementation of Decree No. 140-HĐBT on the inspection and handling of fake goods production and trade. The document stipulates measures to combat fake goods and the responsibilities of organizations and individuals in protecting product quality, detecting, and handling violations.
적용 범위
Economic organizations, individual producers-traders, consumers, state agencies authorized to manage the market, State Science Committee, Ministry of Trade and Tourism, Market Management Steering Committees at all levels.
핵심 사항
- Organizations and individuals engaged in production and trading must register product quality and labels, protect industrial property rights, and strictly control product quality before releasing them from the factory.
- Consumers have the responsibility to detect and report violations related to the production and trade of fake goods.
- State agencies with authority must direct, organize, prevent, and handle violations related to the production and trade of fake goods.
- The minimum quality level is defined by authorized State agencies; products below this level will be considered fake goods.
- The inspection and handling of fake goods are carried out by Market Management Steering Committees at all levels, including cooperation with other agencies and publicizing results through mass media.
🌐 이 문서의 사회적 영향
- Positive impact: Enhancing product quality, protecting consumer rights, reducing commercial fraud.
- Negative impact: Increased costs for businesses in managing quality and registering legal procedures. The burden of handling fake goods violations may pose difficulties for enforcement agencies.
❓ 자주 묻는 질문
What must organizations and individuals engaged in production and trading do to protect their reputation?
They must innovate production technology, strictly control product quality before releasing them from the factory, register product quality and labels, and comply with inspections by authorized state agencies.
What should consumers do to identify fake goods?
They must acquire knowledge about product quality, legal regulations on quality management, and industrial property protection to distinguish genuine from fake goods.
What responsibilities do state agencies have in combating fake goods?
They must direct, organize, prevent, detect, and handle violations related to the production and trade of fake goods within their jurisdiction.
How is the minimum quality level defined?
The minimum quality level is set by authorized State agencies in the form of standards or other regulatory documents; products failing to meet this level will be considered fake goods.
How is the handling of violations related to the production and trade of fake goods carried out?
Market Management Steering Committees at all levels cooperate with authorized agencies to inspect and appraise product quality and handle violations according to their assigned powers.
전문
CIRCULAR
JOINT MINISTRY DECREE OF THE STATE SCIENCE COMMITTEE AND THE MINISTRY OF TRADE AND TOURISM NO. 1254/TT-LB ON November 8, 1991 GUIDING THE IMPLEMENTATION OF THE COUNCIL OF MINISTERS' DECREE NO. 140/HĐBT OF April 25, 1991 ON THE INSPECTION AND HANDLING OF FAKE GOODS PRODUCTION AND DISTRIBUTION
1. IDENTIFICATION OF FAKE GOODS:
1.1. REGARDING DEFINITION AND CHARACTERISTICS OF FAKE GOODS:
The definition and characteristics of fake goods have been stated in Articles 3 and 4 of the Decree. Under current conditions, efforts to combat fake goods should focus on products that exhibit the following signs:
a. Production and use of counterfeit labels and packaging bearing counterfeit labels or using another entity's label without permission from the owner (including product labels, brand marks, and conformity marks for Vietnamese Standards).
b. Goods lacking utility value, not matching their origin, natural essence, name, and intended function, or having quality below the minimum level set by the State, aimed at deceiving consumers and causing them harm for illicit gain.
1.2. DISTINCTION BETWEEN FAKE GOODS AND LOW-QUALITY GOODS:
Products with a lower quality level than that registered and labeled (sticker) but not violating the minimum quality standard are not considered fake goods but rather low-quality goods. These items are handled according to Council of Ministers' Decree No. 327-HĐBT on the enforcement of the Quality Control Ordinance.
1.3. MINIMUM QUALITY LEVEL:
Minimum quality level: The quality level (mainly related to safety, hygiene, and environment) is defined by authorized State agencies (such as the State Science Committee, Ministry of Health, Ministry of Labor - Invalids and Social Affairs) through standards or other regulatory documents. Goods with a quality level below this minimum are considered fake goods and are dealt with according to Council of Ministers' Decree No. 140-HĐBT.
2. ORGANIZATION TO IMPLEMENT EFFORTS AGAINST PRODUCTION AND DISTRIBUTION OF FAKE GOODS:
Articles 1, 6, and 20 of Decree No. 140-HĐBT clearly state that combating the production and distribution of fake goods is the responsibility of organizations and individuals engaged in production and business, consumers at all levels and sectors, and State agencies tasked with inspecting and handling such activities, specifically:
2.1. RESPONSIBILITY OF PRODUCTION AND BUSINESS ORGANIZATIONS AND INDIVIDUALS:
To fulfill their responsibilities towards customers and the law regarding the quality of their products and goods, all economic entities involved in production and business must protect their reputation through various measures such as: updating production technology, strictly managing product quality before release, properly managing packaging and labels... Registering product quality and labels, registering protection for industrial property rights of their brand marks... in accordance with State regulations, while also being subject to quality inspections and handling by authorized State agencies. Actively participating in detecting, reporting to the agencies mentioned in Article 6 of the Decree and to customers to take preventive and remedial actions against the production and distribution of fake goods.
2.2. RESPONSIBILITY OF CONSUMERS:
To protect their legitimate rights, all consumers have the responsibility to detect, report, and lodge complaints about violations of fake goods production and distribution to one of the agencies mentioned in Article 6 of the Decree: Acquiring necessary knowledge about product quality, legal regulations on quality control, and industrial property protection... to be able to distinguish genuine from fake goods during purchase and use.
2.3. RESPONSIBILITY OF STATE AGENCIES AND SECTORS AT ALL LEVELS:
Implementing State management functions within their sector and territorial scope, State agencies at all levels have the responsibility to direct, organize, prevent, detect, and handle violations of fake goods production and distribution within the legal framework, viewing it as a task to ensure and maintain economic and social order.
2.4. RESPONSIBILITY OF AUTHORITIES WITH AUTHORITY TO INSPECT AND HANDLE PRODUCTION AND DISTRIBUTION OF FAKE GOODS AS STATED IN ARTICLE 6:
2.4.1. The Ministry of Trade and Tourism and its subordinate agencies are responsible for directing the management of product quality during circulation by all economic components, primarily in the state-owned trade system and cooperative trade.
2.4.2. Market Management Steering Committees at all levels:
- Serve as the liaison to assist the Chairman of the Council of Ministers and the People's Committee Chairmen at all levels in organizing coordination, urging, and inspecting sectors and levels, and State agencies with inspection and handling functions.
- Organizing cooperation among agencies mentioned in Article 6 of the Decree.
- Based on reports from agencies mentioned in Article 6 of the Decree and local People's Committees, regularly or urgently compiling the situation of fake goods production and distribution and anti-fake goods efforts to report to higher authorities.
- Taking the lead in researching, proposing, and recommending amendments and supplements to policies and measures for inspecting and handling fake goods production and distribution with State management agencies.
- Organizing the coordination of market inspection forces to regularly inspect, detect, and handle violations of fake goods production and distribution within their authority.
- Announcing on mass media the situation of fake goods and results of inspections and handling.
2.4.3. RESPONSIBILITY OF THE STATE SCIENCE COMMITTEE:
a. Central and local Standardization-Measurement-Quality Control Agencies:
- Conducting registration of product quality and labels for products and goods listed by the State.
- Conducting certification of compliance with Vietnamese Standards (VNS) for products and goods, primarily those required by the State to be certified.
- Inspecting and supervising product quality, detecting and handling cases of non-compliance with product quality registration and substandard goods.
- Conduct certification for compliance with Vietnamese Technical Standards (TCVN) for products and goods, primarily those listed in the State's mandatory certification directory:
- Inspect and supervise the quality of products and goods, detect and handle cases of violations related to the production and wholesale sale of goods without quality registration, and substandard goods.
||| Cooperate with the competent authorities mentioned in Article 6 of the Decree in inspecting, handling the production and sale of counterfeit goods, appraising product quality, and providing necessary documents upon request of the authorities mentioned in Article 6 of the Decree.
||| b. The State agency for industrial property:
||| - Conduct recognition of protection for industrial property objects, provide information to consumers about protected industrial property objects.
||| - Cooperate with the agencies mentioned in Article 6 of the Decree in appraising and providing documents on industrial property.
||| 2.4.4. Responsibilities of health management agencies, state inspection agencies, police agencies, and customs agencies.
||| - These agencies have the duty to inspect and handle violations in the production and sale of counterfeit goods within their assigned tasks and powers.
||| - Cooperate with the agencies mentioned in Article 6 and provide information to the Market Management Board for inspection and handling of counterfeit goods.
||| 3. To implement the Decree, initially, relevant sectors and localities need to focus on the following tasks:
||| - Immediately establish and implement plans to combat counterfeit goods in their managed areas, and send these plans to the Central Market Management Board and the State Scientific Council for coordination.
||| - Guide consumers and mass organizations in all forms regarding the dangers of producing and selling counterfeit goods to create a continuous mass movement against counterfeit goods.
||| - Concentrate on inspecting and handling organized and large-scale cases of producing and selling counterfeit goods, especially those related to consumer health and safety conditions and the environment. Quickly investigate and strictly and publicly prosecute typical cases of producing and selling counterfeit goods to serve as general education.
||| - Organize mailboxes to collect consumer complaints about acts of producing and selling counterfeit goods.
||| 4. This Circular takes effect from the date of issuance. During the implementation of Decree 140-HĐBT and this Circular, relevant sectors and localities need to issue specific guidance documents for implementation within their sectors and localities. If encountering difficulties or proposing anti-counterfeit measures, report to the Joint Ministry of the State Scientific Council - Ministry of Trade and Tourism for knowledge and guidance.
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