Directive No. 31/1999/CT-TTg on combating the production and sale of counterfeit goods

DIRECTIVE

On combating the production and sale of counterfeit goods

In recent years, the work of combating the production and sale of counterfeit goods by ministries, sectors, and localities has achieved some results, but the activities of producing and selling counterfeit goods have not been curbed and are becoming increasingly complex with more sophisticated methods. This situation not only causes concern for businesses and dissatisfaction among consumers but also causes significant damage to the economy and the reputation of production and business units, adversely affects consumer health, and pollutes the environment.

To effectively combat the production and sale of counterfeit goods in order to protect the legitimate rights of production and business units and consumers, restore order and discipline in the production and sale of goods, the Prime Minister issues the following directive:

1. Ministers, Heads of ministerial-level agencies and agencies under the Government, and Chairmen of provincial People's Committees directly under the Central Government must consider combating the production and sale of counterfeit goods as an important task that is both urgent and long-term. They must take comprehensive and resolute measures to prevent and gradually curb the production and sale of counterfeit goods. All acts of producing, selling, transporting, and storing counterfeit goods discovered must be strictly handled according to the law. Serious cases must be promptly brought to trial to serve as a warning and education.

2. The Ministry of Trade shall take the lead, coordinate with relevant ministries, sectors, political-social organizations, and local People's Committees to effectively combat the production and sale of counterfeit goods in the domestic market. In the short term, the Ministry of Trade, together with related ministries and sectors, will review existing legal documents on combating the production and sale of counterfeit goods to amend and supplement them to meet current requirements, and at the same time, organize inspections and strict handling of organizations and individuals producing and selling counterfeit goods harmful to consumer health and safety, negatively impacting the environment, and violating intellectual property rights.

3. The Ministry of Public Security shall direct public security forces at all levels to focus on investigating and cracking down on networks and groups involved in the production and sale of counterfeit goods, especially: fake documents, invoices, stamps, money, and other printed materials with monetary value; proactively deploy forces when requested to cooperate by relevant ministries and sectors.

4. The Ministry of Science and Technology shall take the lead, coordinating with relevant ministries and sectors, to promptly publish lists of goods subject to state quality control, linking the protection of intellectual property rights with the management of product quality; bear primary responsibility for testing and identifying counterfeit goods and issuing procedures for the destruction of harmful counterfeit goods related to the environment.

5. The Ministry of Health shall take the lead, coordinating with the Ministry of Public Security, the Ministry of Trade, and relevant ministries and sectors in inspecting and controlling the production and sale of counterfeit goods in the healthcare, pharmaceuticals, medicinal herbs, and food safety sectors.

6. The Ministry of Agriculture and Rural Development shall take the lead, coordinating with the Ministry of Fisheries, the Ministry of Public Security, the Ministry of Trade, and relevant ministries and sectors to organize inspections against the production and sale of counterfeit goods in agriculture, forestry, and fisheries: fertilizers, veterinary drugs, plant protection chemicals, seedlings, livestock, and animal feed; act as the main point of collection for counterfeit veterinary drugs and plant protection chemicals outside permitted lists for destruction according to regulations.

7. The Ministry of Culture and Information shall take the lead, with the participation of the Ministry of Public Security, the Ministry of Trade, and relevant ministries and sectors, to organize inspections against the production and sale of counterfeit publications and other counterfeit cultural products; direct media agencies to increase information dissemination on legal education and knowledge related to preventing and combating counterfeit goods.

8. The General Customs Department, together with the Border Guard Force, needs to strengthen inspections and prevent the transportation and sale of counterfeit goods across borders.

9. The Ministry of Finance shall provide specific guidance on retaining and using funds obtained from combating the production and sale of counterfeit goods (fines, proceeds from the sale of confiscated items allowed to circulate) for localities and units to support anti-counterfeit activities, and issue specific guidelines for functional forces such as Market Management, Public Security... to develop and supplement financial plans to support anti-production and anti-sale of counterfeit goods activities, so that functional forces have funding for this work in 2000.

10. Chairmen of People's Committees at all levels need to have specific plans to guide functional agencies in their locality in detecting, investigating, and handling acts of producing and selling counterfeit goods; organize good coordination among forces in campaigns to inspect and crack down on counterfeit goods within their jurisdiction.

11. Handling of counterfeit goods, evidence, and means of administrative violations in the field of production and sale of counterfeit goods shall be carried out according to Article 19 of Decree No. 12/1999/NĐ-CP dated March 6, 1999 of the Government and current legal provisions.

12. Enterprises and production establishments need to implement well the registration of quality, establishment of intellectual property rights, actively study and apply measures to protect their products and goods from being counterfeited, and closely cooperate with functional agencies in combating counterfeit goods.

13. Combating the production and sale of counterfeit goods is the responsibility of the whole society, primarily of functional agencies and authorities at all levels. Social-professional organizations, the Vietnam Bar Association, Consumer Standardization and Protection Associations at all levels, and intellectual property organizations play a very important role in mobilizing people to participate in detecting, reporting, and fighting the evil of producing and selling counterfeit goods.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees under the central government shall be responsible for organizing the implementation of this Directive; they shall submit monthly reports on the results of its implementation to the Ministry of Trade for consolidation and reporting to the Prime Minister.