The Decree 99/2013/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Industrial Property

Original Language Title: Nghị định 99/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực sở hữu công nghiệp

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Decree sanctioning administrative violations in the field of industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;

The base of law handling administrative violations on June 20, 2012;

Pursuant to the law on intellectual property on November 29, 2005; Law on amendments and supplements to some articles of the law on intellectual property, June 19, 2009 (hereinafter referred to as intellectual property Law);

Pursuant to the law of information technology on June 29, 2006;

Pursuant to the law on competition on December 3, 2004;

According to the recommendation of the Minister of science and technology, the Government issued Decree sanctioning administrative violations in the field of industrial property.

Chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the violations, fines, penalties, remedial measures; the procedure of processing petition for violation; jurisdiction, the procedures of processing petition resolution violation; the authority sanctioning and enforcement of decision sanctioning administrative violations in the field of industrial property.

Article 2. Regulations on maximum fine level, authorized sanctions against individuals, organizations 1. Fines for the acts stipulated in chapter II of this Decree are fines for individuals. The levels of maximum fines for individuals is 250,000,000.

For the same administrative violations, the fines for the Organization folded 12 times fines for individuals. The levels of maximum fines for organizing is 500,000,000 contract.

2. The authority sanctioning administrative violations of those set forth in articles from 16 to 21 of this Decree is the authority to apply for an administrative violation of individuals. In the case of a fine, sanction authority for the Organization folded twice authorized sanctions against individuals.

Article 3. Sanctions, remedial measures 1. For each administrative violations in the field of industrial property, organization, individual violation suffered one of the sanctions is warned or fined.

2. Depending on the nature and extent of the violation, the organization or individual in violation can be applied one or the additional sanctions: a) confiscated exhibits, means of administrative violations, including counterfeit goods trademark or geographical indication; raw materials, materials, vehicles are mainly used for the production, trading, counterfeit goods trademark or geographical indication;

b) deprived of the right to use the professional services of the industrial property agent; assessor cards; certificate of eligible organizations practice inspections from 1 month to 3 months from the date of the decision to effect the implementation of sanctions;

c) suspend manufacturing operations, business services, goods infringing from 1 month to 3 months from the date of the decision to effect the implementation of sanctions.

3. In addition to the fines, sanctions, additional organizations and individuals, the violation can be forced to apply a or remedial measures: a) the Forced removal of offending elements on goods, means business and the destruction of the offending elements; forced to change domain information or return the domain name; forced to change business name, remove offending elements in a company name;

b) Forcibly put into use not intended for trading counterfeit goods with trademarks or geographical indications; raw materials, materials, and media are mainly used to produce counterfeit goods business, trademarks or geographical indications after removing the offending elements on goods with the condition does not affect the ability to harness the power of the subject of industrial property rights;

c) Forcibly taken out of Vietnam territory for transit of goods infringing industrial property rights or forced back against fake goods a trademark or geographical indication, vehicles, raw materials, imported materials are mainly used to produce counterfeit goods business, trademarks or geographical indications after removing the offending elements on the goods;

d) forced the destruction of counterfeit goods trademark or geographical indication; raw materials, materials, vehicles are mainly used to produce counterfeit goods business, trademarks or geographical indications; exhibits, means of offense if not remove offending elements are mounted on the exhibits, means that breach; offending goods harmful to human health, animals, plants and the environment; the stamps, labels, branded items, geographical indications fake; the stamps, labels, packaging and other items bearing the offending elements; protection degree, certificate or other document being corrected, erased or tampered with;

DD) Forced modification, additional instruction on industrial property;

e) forced a public dispute for the wrong indications acts on industrial property rights;

g) Forced recovery of exhibits, the media breached gone concur;

h) Forced return of illegal benefits have been due to the implementation of administrative violations or forced to resubmit the amount equal to the value of exhibits, means of administrative violations had been consumed, pipe riveted or destroy the rules of law.

Article 4. Determine the value of goods and services in violation of 1. Determining the value of goods and services infringing industrial property rights in order to made the base framework defines fines, authority to sanction be applied based on one of the grounds in the order of priority prescribed in clause 2 Article 60 of law handling administrative violations as follows : a listed Price or price) recorded on the contract or Bill of sale, or import declarations;

b) Price of the local financial authorities; no case reported price then the price according to local market prices at the time of administrative violations;

c) of offending goods if the goods are not exported for sale.

2. for exhibits is a fake brand goods as defined in paragraph 2 Article 213 of the law on intellectual property, the value of goods that are defined as the value of the goods infringing industrial property rights as specified in paragraph 1 of this article.

3. where can not apply the base stipulated in paragraph 1 of this article to determine the value of exhibits is goods, services violated the base frame made of fine, the authority sanctioned the authority is addressing the incident can decide the custody exhibits violated and founded the Council valuation according to the provisions in paragraph 3 to article 60 of the Of law handling administrative violations.

Chapter II ADMINISTRATIVE VIOLATIONS, FINES and REMEDIAL MEASURES 1. VIOLATION of the REGULATIONS on the MANAGEMENT of INDUSTRIAL PROPERTY ACTIVITIES article 5. Violation of rules of procedure for establishing, implementing and defending industrial property rights 1. A fine from 5,000,000 to copper copper 3,000,000 for the repair behaviour, erased falsify the content protection degree or proof of ownership of industry.

2. A fine of 5,000,000 10,000,000 for copper to copper acts provide information, false evidence in the process of implementing one of the following procedures: a) expedite the procedures established, accredited, certified, modify, maintain, renew, request termination, cancellation of the effect the degree of protection of industrial property rights;

b) suggest that the competent State agency decision required the transfer of the right to use the invention.

3. A fine of 15,000,000 20,000,000 for copper to copper acts fake papers to make one of the violations of the provisions in paragraph 2 of this Article.

4. remedial measures: forcing the destruction of papers, fake documentation for violations specified in paragraph 3 of this article.

Article 6. Violation of the instructions for protection of industrial property rights 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) wrong instruction about objects, elements of protection of industrial property rights, subject to industrial property rights, patents, industrial designs, layout design;

b) false indications about the legal status, the scope of protection of industrial property rights;

c) false or not recorded instructions instructions for the goods produced under the contract of use of objects of industrial property.

2. remedial measures: a) the Forced removal of offending elements on goods, means business for violations of the provisions of Paragraph 1 of this article;

b) Forced the main wealth of publicity for violations specified in point a, point b Paragraph 1 of this article;

c) Forced modification, additional instructions for violations specified in point c of Paragraph 1 of this article.

Article 7. Violation of the provisions of the industrial property agent 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) Not notified in writing to the competent State authorities establish, protect the rights of industrial property when there is a change in name, address, legal status of the industrial property agent, changes related to the authorized parties and party granted industrial property agent;

b) Don't notice or don't notice the honesty, the fee and the fee for the service of industrial property agent at the request of the competent authority;

c) does not perform the delete procedure names in the national register of industrial property agent upon termination of activities in the Organization of industrial property agent;

d) Not redo the procedure noted in the national register of industrial property agent in organizing other industrial property agent.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) is representing the parties in dispute with each other about industrial property rights;

b) Withdraw the petition to grant the degree of protection, the declaration renouncing protectionism, to withdraw the complaint or other acts performed in establishing industrial property rights without permission of the authorized parties represented;

c) doesn't notice, provide the content requirements of the State bodies are competent to establish, settle disputes and handle infringement on industrial property to the authorized parties represented;


d) Not delivered the degree of protection, documents of industrial property rights, for certificates and other decisions for the authorized parties represented within the time limit prescribed by law without good reason;

DD) Don't perform and don't respond to content requests of competent State authorities about the establishment, resolve disputes and handle infringement on industrial property without good reason;

e) repairs, falsify the content of certificate services practice industrial property agent;

g) intentionally consulting, announcing incorrect about the provisions of the law on industrial property, the information industrial property activities;

h) knowingly obstruct the establishment, implementation and protection of industrial property rights to harm the person having rights and interests involved;

I) to abandon the operation of the service of industrial property agent when not conducting transfer of legally incomplete representation work for service organizations in other industrial property agent.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) business services industrial property agent when not meeting the conditions of practice in accordance with the law;

b) forged papers, documents or dishonest information provider for the competent State organs in the process of registering a business check industrial property agent, request the certificate of practice services industrial property agent, request the recorded service organization industrial property agent.

4. A fine fellow to fellow 40,000,000 20,000,000 words for one of the following behaviors: a) the unauthorized disclosure of information published by the competent State agencies concerning the process of receiving, assessing, handling the type of application, complaint, request processed in breach of industrial property;

b) Have serious violations in practice when representatives do damage to the interests of the State or society.

5. additional sanctions: deprived of the right to use the professional services of the industrial property agent from 1 month to 3 months from the date of the decision to effect the implementation of sanctions for violations of the provisions of paragraph 4 of this Article.

6. remedial measures: forcing the destruction of papers, fake documentation for violations specified in point b of Paragraph 3 of this article.

Article 8. Breach of rules on industrial property inspection 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) violated the rules of the order, the examiner procedure, the time limit for inspection;

b) did not follow the Agency's summons referendum examination without good reason, does not make the interpretation concludes examination when required by the Agency on inspections.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for the repair behaviour, falsify the content inspection card, certificate of the eligible organization to operate industrial property examiner.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) perform operation inspection of industrial property when not qualified to practise under the provisions of the law;

b) disclose confidential information learned when conducting inspections without permission of the parties involved;

c) Don't set the examiner profile, does not make the preservation of artifacts and documents related to service the assessment;

d) using industrial property assessor of others or let others use industrial property appraiser to conduct inspections.

4. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) the advantage of the status evaluation and assessment activities to benefit the axis;

b) deliberately put out false expertise conclusions;

c) arbitrarily corrected, erased or there are other acts of falsifying documents examiner;

d) forged or counterfeit documents used or dishonest information provider for the competent State organs in the process of registering a business check industrial property examiner, assessor card request industrial property, requesting recognition authorities of industrial property;

DD) made inspections in case of refusing inspections under the provisions of the law.

5. additional sanctions: deprived of the right to use the card appraiser; certificate of eligible organisations operating industrial property examiner from 1 month to 3 months for violations specified in point a, point b paragraph 4 of this Article.

6. remedial measures: a) the Forced destruction of repair materials, falsified or forged content for violation of the provisions in paragraph 2, point c, paragraph 4 d of this;

b) Forced return of illegal benefits have been taken by the violations specified in point a of this paragraph 4.

Article 9. Violation of regulations regarding sealing, exhibits, means of custody infringed in the course of the inspection, test 1. A fine from 5,000,000 VND 2,000,000 VND coming for uninstalls behavior, break the seal exhibits, means of administrative violations of industrial property are being sealed or custody.

2. A fine of 5,000,000 VND to 10,000,000 contract for behavior change the number, types of exhibits, means of administrative violations of industrial property are being sealed or custody.

3. A fine fellow to 30,000,000 VND 15,000,000 words for consumption, pipe, destruction of evidence and means of administrative violations of industrial property are being sealed or custody.

4. remedial measures: Forcing recovered exhibits, means of offense has gone to scatter or forced to resubmit the amount by the value of the exhibits, the offending media has been consumed, pipe, destruction for violations of the provisions of Paragraph 3 of this article.

Section 2 INFRINGEMENT of RIGHTS and UNFAIR COMPETITION in the FIELD of INDUSTRIAL PROPERTY article 10. Rights for inventions, utility solutions, design layout 1. Caution or a fine of from 500,000 to 2,000,000 VND VND for one of the following behaviors for business purposes in case the value of the goods infringing to 3,000,000 Dong: a) Sale; salesman; transport, including transit; storing; exhibiting to sell products violate rights to inventions, utility solutions, layout design, or the product is produced from the process violated rights to inventions, utility solutions;

b) exploitation of the products infringing rights to inventions, utility solutions or products produced from the process violated rights to inventions, utility solutions;

c) order, assigning, hire others to perform acts specified in point a, point b of this Paragraph.

2. A fine of 2,000,000 VND to 4,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 3,000,000 to 5,000,000 đồng. Council on

3. A fine of 4,000,000 to 8,000,000 copper contract for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 5,000,000 to 10,000,000. Council on

4. Fine fellow to 8,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to copper 20,000,000 10,000,000 words.

5. Fine fellow to 25,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 20,000,000 40,000,000 to copper. copper on

6. Fine fellow to 25,000,000 40,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 40,000,000 to copper copper 70,000,000 over

7. Fine fellow to 40,000,000 60,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to 100,000,000 70,000,000 from copper.

8. Fine fellow to 60,000,000 80,000,000 contract for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 100,000,000 200,000,000. until on

9. Fine fellow to 80,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to 300,000,000 200,000,000 from the Council.

10. Fine fellow to 150,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to copper 400,000,000 300,000,000 from.

11. Fine fellow to 200,000,000 150,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to copper 500,000,000 400,000,000 words.

12. Fine fellow to 200,000,000 250,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on 500,000,000 contract.

13. A fine equal to 1.2 times the levels of the fines prescribed from clause 1 to Clause 12 of this but not exceeding VND 250,000,000 for one of the following behaviors for the purpose of business: a) include: design, construction, fabrication, machining, Assembly, processing, packaging, goods infringing patent rights , useful solutions, layout design;

b) apply procedures violate rights to inventions, utility solutions;

c) imported products infringe rights to inventions, utility solutions, layout design, or the product is produced from the process violated rights to inventions, utility solutions;

d) order, assigning, hire others to perform acts specified at points a, b and c of this paragraph.

14. additional sanctions: suspension of production, commodity trading violations from 1 month to 3 months for regulatory violations from clause 1 to Clause 13 of this.

15. remedial measures: a) the Forced removal of offending elements and elements in violation for violations of regulations from clause 1 to Clause 13 in this;


b) forced the destruction of exhibits, the media breached if not remove offending elements with regard to violations of the rules from clause 1 to Clause 13 in this;

c) Forcibly taken out of Vietnam territory transit goods infringing industrial property rights with regard to regulatory violations from clause 1 to Clause 12 of this;

d) Forced return of illegal benefits have been due to the implementation of regulatory violations from clause 1 to Clause 13 of this.

Article 11. Violating rights to trademarks, geographical indications, trade names, industrial designs 1. Caution or a fine of from 500,000 to 2,000,000 VND VND for one of the following behaviors for the purpose of trading in the case of the value of goods and services infringing to 3,000,000 Dong: a) Sale; salesman; transport, including transit; storing; the Gallery to sell goods and services infringing rights to trademarks, trade names, geographical indications, industrial designs;

b) order, assigning, hire others to perform acts specified in point a of this paragraph.

2. A fine of 2,000,000 VND to 4,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 3,000,000 to 5,000,000 đồng. Council on

3. A fine of 4,000,000 to 8,000,000 copper contract for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services from the same 5,000,000 violations to 10,000,000.

4. Fine fellow to 8,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to copper 20,000,000 10,000,000 words on.

5. Fine fellow to 25,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 20,000,000 40,000,000 to copper. copper on

6. Fine fellow to 25,000,000 40,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 40,000,000 to copper copper 70,000,000 over

7. Fine fellow to 40,000,000 60,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to copper 100,000,000 70,000,000 from above.

8. Fine fellow to 60,000,000 80,000,000 contract for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 100,000,000 200,000,000 to copper. copper on

9. Fine fellow to 80,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to 300,000,000 200,000,000 from on board.

10. Fine fellow to 150,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 300,000,000 to 400,000,000. Council on

11. Fine fellow to 200,000,000 150,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing on copper to copper 500,000,000 400,000,000 from.

12. Fine fellow to 200,000,000 250,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on 500,000,000 contract.

13. A fine equal to 1.2 times the levels of the fines prescribed from clause 1 to Clause 12 of this but not exceeding VND 250,000,000 for one of the following behaviors: a) the design, fabrication, machining, Assembly, processing, packaging of goods bearing the sign violated rights to trademarks, trade name , geographical indications, industrial designs;

b) print, paste, attach, casting, stamping or by other forms of postage stamps, labels, other items bearing the sign violated rights to trademarks, geographical indications, industrial designs, trade names up goods;

c) imports of goods bearing the sign violated rights to geographical indications, marks, trade names, industrial designs;

d) order, assigning, hire others to perform acts specified at points a, b and c of this paragraph.

14. A fine from 10,000,000 VND to 30,000,000 VND for infringement rights to geographical indications, marks, trade names, industrial designs specified in clause 1 and Clause 13 this in no case determining the value of goods and services.

15. Fine from 10,000,000 20,000,000 for copper to copper use signs violate rights to trademarks, geographical indications, trade name on signage, business papers, business media, media services, packaging of goods.

16. additional sanctions: suspension of business operations, service merchandise in violation from 1 month to 3 months for regulatory violations from clause 1 to Clause 15.

17. remedial measures: a) the Forced removal of offending elements and elements in violation for violations of regulations from paragraph 1 to Paragraph 15 of this Article;

b) forced the destruction of exhibits, the media breached if not remove offending elements; the stamps, labels, packaging, materials and products in violation for violations of regulations from paragraph 1 to Paragraph 15 of this Article;

c) Forcibly taken out of Vietnam territory transit goods infringing industrial property rights with regard to regulatory violations from clause 1 to Clause 12 of this;

d) forced the change of company name, remove offending elements in a business name for regulatory violations from clause 1 to Clause 15 of this;

DD) Forced return of illegal benefits have been due to the implementation of regulatory violations from clause 1 to Clause 15.

Article 12. The production, import, trafficking, transporting, storing to sell fake goods, trademarks, geographical indications Iý 1. A fine of 4,000,000 VND to 8,000,000 contract for one of the following behaviors in case the value of the goods infringe the same 5,000,000: a) Sale; salesman; transport, including transit; storing; exhibiting to sell fake goods, trademarks, geographical indications;

b) order, assigning, hire others to perform acts specified in point a of this paragraph.

2.8,000,000 fine copper to 12,000,000 contract for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 5,000,000 to 10,000,000. Council on

3. Fine fellow to 20,000,000 12,000,000 contract for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to copper 20,000,000 10,000,000 words.

4. Fine fellow to 20,000,000 35,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 20,000,000 40,000,000 to copper. copper on

5. Fine fellow to 35,000,000 55,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 40,000,000 to copper copper 70,000,000 over

6. Fine fellow to fellow 85,000,000 55,000,000 for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to 100,000,000 70,000,000 from copper.

7. Fine fellow to 120,000,000 85,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing from 100,000,000 200,000,000. until on

8. Fine fellow to 120,000,000 180,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on copper to 300,000,000 200,000,000 from the Council.

9. Fine fellow 180,000,000 to 250,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on 300,000,000.

10. A fine equal to 1.2 times the levels of the fines prescribed from clause 1 to Clause 9 this but does not exceed VND 250,000,000 for one of the following behaviors: a) fabrication, machining, Assembly, processing, branded packaging, geographical indication forge;

b) print, paste, attach, casting, stamping or by other forms of postage stamps, labels, other items bearing trademark, geographical indication up fake goods;

c) imports of goods bearing the trademark, geographical indication forge;

d) order, assigning, hire others to perform acts specified at points a, b and c of this paragraph.

11. A fine from 10,000,000 VND to 30,000,000 VND for violations specified in clause 1 and Clause 10 this in no case determining the value of the goods violate.

12. additional sanctions: a) confiscated exhibits, the media in violation for violations of regulations from clause 1 to Clause 11 of this;

b) suspending cargo operations, the offending service from 1 month to 3 months for regulatory violations from clause 1 to Clause 11.

13. remedial measures: a) the Forced destruction of or distribute or use for commercial purposes not for fake goods a trademark or geographical indication; raw materials, materials, and media are mainly used to produce counterfeit goods business, trademarks or geographical indications with the condition does not affect the ability to harness the power of the subject of industrial property rights with regard to regulatory violations from clause 1 to Clause 11 of this;

b) forced the re-export goods counterfeit trademark or geographical indication, vehicles, raw materials, imported materials are mainly used to produce counterfeit goods business, trademarks or geographical indications after removing the offending elements on the goods with respect to violations of the rules from clause 1 to Clause 10 of this;

c) Forced return of illegal benefits have been due to the implementation of regulatory violations from clause 1 to Clause 11.

Article 13. The production, import, trafficking, transporting, storing to sell stamps, labels, branded items, geographical indications fake


1. Caution or a fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors in case the stamps, labels, branded items, geographical indications have to learn the number 500 fake ones, the, the or the equivalent unit (hereinafter referred to as units): a) Sale; transport, including transit; provided; storing; the Gallery to sell the stamps, labels, packaging, branded items, geographical indications fake;

b) order, assigning, hire others to perform acts specified in point a of this paragraph.

2. A fine of from 1,000,000 to 2,000,000 VND VND for one of the offences stipulated in paragraph 1 of this article in case the stamps, labels, branded items, geographical indications fake number from 500 to 1,000 units on the unit.

3. A fine of 2,000,000 VND to 4,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the stamps, labels, branded items, geographical indications fake number from 1,000 to 2,000 units on the unit.

4. A fine of 4,000,000 to 8,000,000 copper contract for one of the offences stipulated in paragraph 1 of this article in case the stamps, labels, branded items, geographical indications fake number from over 2,000 units to 5,000 units.

5. Fine fellow to 8,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the stamps, labels, branded items, geographical indications fake number from 5,000 to 10,000 units on unit.

6. Fine fellow to 25,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the stamps, labels, branded items, geographical indications fake number 10,000 units.

7. A fine equal to 1.2 times the levels of the fines prescribed from clause 1 to Clause 6 this for one of the following behaviors: a) production including design, printing; import stamps, labels, packaging, other items bearing trademark, geographical indication forge;

b) order, assigning, hire others to perform acts specified in point a of this paragraph.

8. remedial measures: a) the Forced destruction of the stamps, labels, branded items, geographical indications fake for regulatory violations from clause 1 to Clause 7 this;

b) Forced return of illegal benefits have been due to the implementation of regulatory violations from clause 1 to Clause 7 of this.

Article 14. Unfair competition in the field of industrial property 1. Caution or a fine of from 500,000 to 2,000,000 VND VND for one of the following behaviors in the case of the value of goods and services infringing to 3,000,000 Dong: a) Sale; transport, including transit; possession for sale of goods, service trade indications have mounted up cargo services, cause confusion on the subject of business, business operations, commercial origin of goods or services or of origin, production, features, quality, quantity or other characteristics of the goods, services or merchandise provided on conditions , the service;

b) order, assigning, hire others to perform acts specified in point a of this paragraph.

2. A fine of 2,000,000 VND to 4,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 3,000,000 to 5,000,000 đồng. Council on

3. A fine of 4,000,000 to 8,000,000 copper contract for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services from the same 5,000,000 violations to 10,000,000.

4. Fine fellow to 8,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to copper 20,000,000 10,000,000 words on.

5. Fine fellow to 25,000,000 15,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 20,000,000 40,000,000 to copper. copper on

6. Fine fellow to 25,000,000 40,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 40,000,000 to copper copper 70,000,000 over

7. Fine fellow to 40,000,000 60,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to copper 100,000,000 70,000,000 from above.

8. Fine fellow to 60,000,000 80,000,000 contract for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 100,000,000 200,000,000 to copper. copper on

9. Fine fellow to 80,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services in violation of the copper to 300,000,000 200,000,000 from on board.

10. Fine fellow to 150,000,000 110,000,000 Board for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing from 300,000,000 to 400,000,000. Council on

11. Fine fellow to 200,000,000 150,000,000 VND for one of the offences stipulated in paragraph 1 of this article in case the value of goods and services infringing on copper to copper 500,000,000 400,000,000 from.

12. Fine fellow to 200,000,000 250,000,000 Council for one of the offences stipulated in paragraph 1 of this article in case the value of the goods infringing on 500,000,000 contract.

13. A fine equal to 1.2 times the levels of the fines prescribed from clause 1 to Clause 12 of this but not exceeding VND 250,000,000 for one of the following behaviors: a) clue to trade goods or services up to cause confusion on the subject of business, business operations, commercial origin of the goods the service, or of origin, production, features, quality, quantity or other characteristics of the goods, services or on conditions provided goods, services;

b) manufacture, importation of goods bearing the trade instructions confuse specified in point a of this Paragraph;

c) order, assigning, hire others to perform acts specified in point a, point b of this Paragraph.

14. A fine from 10,000,000 VND to 30,000,000 VND for the behavior using confusing trade instructions prescribed in clause 1 and Clause 13 this in no case determining the value of goods and services.

15. A fine from 5,000,000 VND to 15,000,000 Board for one of the following behaviors: a) rights for trade secrets as defined in article 127 of the law on intellectual property;

b) use commercial instruction on paper transactions, business media, including media services, packaging, signs of confusion about business entities, business operations, commercial origin of goods or services or of origin, production, features, quality, quantity or other characteristics of the goods , service or about the conditions of providing goods, services.

16. A fine from 5,000,000 to 20,000,000 copper contract for one of the following behaviors: a) register, rights of use or use of the domain name is identical or confusingly similar to a trademark, geographical indication, the trade name of another person are protected in order to capture the domain, taking advantage of or damage to reputation , the reputation of the trademarks, trade names, geographical indications;

b) use of the trademark is protected in a country is a member of the international treaties have regulated the representative or agent of the owner of the trademark use of the mark to which Vietnam is a member, if the user is a representative or agent of the owner of the trademark and the use of which is not the consent of the trademark owner and without good reason.

17. additional sanctions: suspension of business activities in the goods, services, including e-commerce activities from 1 month to 3 months for regulatory violations from clause 1 to Clause 16 of this.

18. remedial measures: a) the Forced removal of offending elements and elements in violation; forced destruction of infringing goods if not remove offending elements with regard to violations of the rules from clause 1 to Clause 16 of this;

b) forced the removal of information on goods and services infringing on business media, the media service, the website for violations specified in Clause 15 and Clause 16 of this;

c) forced the change of company name, remove offending elements in a business name for regulatory violations from clause 1 to Clause 15 of this; forced to change domain information or return the name of the domain for the violations stipulated in art. 16 of this;

d) Forced return of illegal benefits have been due to the implementation of regulatory violations from clause 1 to Clause 16 of this.

Chapter III the JURISDICTION of ADMINISTRATIVE SANCTIONS article 15. The authority sanction 1. Scientific and technological inspection authority sanctioning the violations stipulated in chapter II of this Decree.

2. Information and communications inspection authority sanctioning of violations specified in art. 16 article 14 of this Protocol.

3. Management of competent market penalizing the following violations: a) violations of the provisions of article 12 and article 13 of this Decree in the production, trade, transport, storage of goods in the domestic market;

b) violations of the provisions of articles 6, 9, 11 and 13 of this Decree in trade activities, transport of goods in the domestic market. In the case of handling of violations specified in point b of Paragraph 3 of this article that identified the manufacturing base commodities that then market manager authorized continued handling of violations in manufacturing facilities.

4. the competent customs sanction violations of the provisions of articles 6, 9, 10, 11, 12, 13 and 14 of this Decree in the transit operations, imported goods.


5. Public security authorities to detect, verify, collect information and evidence of the infringement of industrial property rights and give the agency handling the Account in violation of 1, 2, 3 and 4 of this Article; have the authority to sanction violations of the provisions of articles 9, 12 and 13 of this Decree.

6. the people's committees of provincial level, district level have jurisdiction to sanction violations in the field of industrial property occurs locally in principle determine and delineate the authority sanctioning administrative violations stipulates in article 38 and article 52 of law handling administrative violations.

Article 16. The authority sanction of scientific and technological inspection 1. Inspectors in inspection of the Ministry of science and technology, Department of science and technology are on duty have the right: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

d) apply remedial measures specified in point d of paragraph 3 of article 3 of this Decree.

2. The Chief Justice Inspector of Department of science and technology, Minister of professional Inspection Division Department of science and technology has the right to: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

3. The Chief Inspector of the Ministry of science and technology has the right: a) caution;

b) fines to 250,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

4. the head of the delegation inspected The specialized science and technology authority: a) caution;

b) fines to 175,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

Article 17. The authority sanction of inspection information and communication 1. Inspectors in inspection of the Ministry of information and communication, inspection information and communications are on duty have the right: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

d) apply remedial measures specified in point a of paragraph 3 of article 3 of this Decree.

2. The Chief Justice Inspector of Department of information and media, specialized inspection crew Chief Department of information and communications has the right: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures specified in point a of paragraph 3 of article 3 of this Decree.

3. The Chief Inspector of the Ministry of information and communications has the right: a) caution;

b) fines to 250,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations;

DD) apply remedial measures specified in point a of paragraph 3 of article 3 of this Decree.

4. specialized inspections Group Head of information and communication has the authority: a) caution;

b) fines to 175,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures specified in point a of paragraph 3 of article 3 of this Decree.

Article 18. The authority sanction of market management 1. The captain of the market management have the right to: a) caution;

b) fines up to 25,000,000;

c) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

d) apply remedial measures prescribed in points a, b, d, e, f, g and h of paragraph 3 of article 3 of this Decree.

2. Bureau Chief market management Bureau in the Department of industry and trade, head of the anti-smuggling, head of anti-counterfeiting in market management Department has the right to: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

3. Director market management have the right to: a) caution;

b) fines to 250,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

Article 19. The authority sanction of customs 1. Captain in the Bureau of customs, the captain of the genus following Customs inspection Bureau has the right to: a) caution;

b) fines up to 5,000,000 đồng.

2. Bureau Chief Bureau of customs, Bureau Chief of Bureau checked after customs clearance, Captain of the Customs Bureau in control, link the province, central cities (hereafter referred to as the Bureau of customs), the captain of the controls against smuggling, customs Team Captain, Captain control the intellectual property rights protection and Control Division Head of Division on of the anti-smuggling Bureau of investigation Of the Bureau of Customs has the right to: a) caution;

b) fines up to 25,000,000;

c) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

d) apply remedial measures prescribed in points a, b, c, d, e, g and h of paragraph 3 of article 3 of this Decree.

3. the Director of the investigation against smuggling, Director the following Customs Inspection Department of the General Directorate of customs, Director of the Customs Bureau, the province, central cities have the right to: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures prescribed in points a, b, c, d, e, g and h of paragraph 3 of article 3 of this Decree.

4. the General Director of the Bureau of Customs has the right to: a) caution;

b) fines to 250,000,000;

c) confiscated exhibits, means of administrative violations;

d) apply remedial measures prescribed in points a, b, c, d, e, g and h of paragraph 3 of article 3 of this Decree.

Article 20. The jurisdiction of the people's public security sanctions 1. The station chief immigration stations, export processing zones have the right: a) caution;

b) a fine of up to 2,500,000;

c) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

d) apply remedial measures specified in point d of paragraph 3 of article 3 of this Decree.

2. district-level police Chief, head of police criminal investigations of order and economic management has the right to: a) caution;

b) fines up to 25,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures prescribed in points b, d, e and g of paragraph 3 of article 3 of this Decree.

3. The Director of provincial public security has the right to: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures prescribed in points b, d, e, g and h of paragraph 3 of article 3 of this Decree.

4. the Director of the Bureau of criminal investigation police about order and economic management has the right to: a) caution;

b) fines to 250,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations;

DD) apply remedial measures prescribed in points b, d, e, g and h of paragraph 3 of article 3 of this Decree.

5. In addition to those specified in paragraphs 1, 2, 3 and 4 of this article, the competent person in the people's public security forces uncovered administrative violations in the field of industrial property under the jurisdiction of local and his management then has the right to sanction according to the provisions of article 39 of law handling administrative violations and this Decree.


Article 21. The authority of the Chairman of the sanctions Committee and Chairman of the provincial people's Committee 1. Chairman of people's Committee of the district level have the right to: a) caution;

b) a fine of up to 50,000,000;

c) Deprived the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

d) confiscated exhibits, means of administrative violations have value not to exceed the level of fines set forth in point b of this Paragraph;

DD) apply remedial measures prescribed in points b, d, e, f, g and h of paragraph 3 of article 3 of this Decree.

2. The Chairman of the provincial people's Committee has the right to: a) caution;

b) fines to 250,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license, certificate of practice has a time limit or suspend the operations of the goods, the service had violated the deadline;

DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.

Chapter IV HANDLING VIOLATIONS of Article 22. Right to request processing of violation and authority proactively detect and handle breach 1. The subject of industrial property rights have the right to request processing in the field of industrial property include: a) is the subject of industrial property rights suffer losses because of violations including the Organization was given the authority to manage the geographical indication was protected in Vietnam;

b) Who has the right to use the industrial property subjects suffer damage due to violation of, if not the industry owners to limit the right to handle the offense.

When making the request handle infringement of industrial property rights stipulated in art. Article 211 of the law on intellectual property and unfair competition acts stipulated in article 130 of the law on intellectual property, organization, individual provisions in this clause must specify the nature , the level of offense in violation of processing petition and provided the documents and evidence as specified in paragraph 2 to article 26 of this Decree.

2. organizations and individuals detected infringement of industrial property rights to harm consumers or for society, violations related to goods, stamps, labels, branded items, geographical indications fake; the Organization, the individual victims or likely to suffer damage due to acts of unfair competition in the field of industrial property rights had caused the notice and request the competent authority to conduct verification procedures, sanctions violation.

When getting the message of the organization or individual provisions of this paragraph, the competent authority handling offence has the responsibility to examine and coordinate with the subject of industrial property rights, violation processing as defined in paragraph 3 of this article.

3. The authorities competent to handle violation is responsible for proactive testing, inspection, detection and in cooperation with the industrial property right owner verification, processing the violation related to the following subjects: a) the goods, stamps, labels, packaging and other items bearing trademark or geographical indication forge;

b) goods, services related to violations of food, food, pharmaceutical, cosmetics, food is used for animal feed, fertilizer, veterinary medicine, plant protection, building materials, vehicles, chemicals used in health, agriculture, environment and other items by the authorized person identified by test task periodic inspection, or irregular.

Article 23. Authorization requests processed in violation 1. The subject of industrial property rights stipulated in Article 22 paragraph 1 of this decree if not directly petition handling violations can authorize heads of representative offices, affiliates, agents or representatives of industrial property in Vietnam to conduct the required procedures to handle violation of the provisions of this Decree.

2. The authorization must be made in writing in the form of power of attorney or authorized contract.

The text of the individual organizations in Vietnam must be signed by the legal representative of the party authority and seal of the authorized party, if a seal legal registration.

The text of the authorized organization, foreign individuals are certified by the notary or local government or the Consulate, or other form is considered legal under the provisions of the law at the place of establishment of the authorized texts.

3. the proxy text file the enclosed petition to handle violation must be original. Authorized to do text in a foreign language must be submitted accompanied by Vietnamese translations are authenticated by the local authorities or have committed and endorsed by the industrial property agent is authorized recipient.

Case of authorized text is a copy of the original authorization text submitted in the previous record for the same violation processing agency shall also be considered valid, the condition that the applicant must specify the number of records submitted original documents and authorizations were still in effect and proper authorization of content.

4. the authorization text value in the procedure established under the provisions of article 107 of the Act indicates the intellectual content of the authorization including the executed procedure, protection of industrial property rights in Vietnam shall also have legal value in the request handling procedures violated under the provisions of this Decree.

5. the authorization period is determined according to the time limit stated in the authorization documents. In the case of authorized text did not specify the period of time authorized is determined according to the provisions in paragraph 3 to article 107 of the law of intellectual property.

Article 24. Petition to handle violation 1. Request processed in violation must be made in writing in the form of processing petition, which stated on the application, the name of the agency or receive applications the Agency received the application, the information about the Organization, the individual asked to handle violation; legal representative or organization, authorized individuals; the object of industrial property; goods and services of the mark infringed; name, address, organization, individual violation; the measure requires handling; signature of the legal representative of the Organization, the individual asked to handle violation of individual or organization is authorized, the sign verified signatures, if applicable; If the earlier application has been submitted to another body must specify the name and date of the earlier application.

2. The petition to handle violation must be accompanied by documents proving the right to request processing of violation; the document description or photo capture behaviour or the goods or services in violation of; location where the behaviour or the goods or services.

The Organization, the individual asked to handle violation can provide the materials, specimens, other evidence to support the competent authorities determine violations and goods, services.

Article 25. Receiving and reviewing petition handling violation 1. Upon receiving the petition to handle violations, accepting agency responsible for performing the following tasks: a) determining the right handle infringement, if asked to handle violation under the jurisdiction of other agencies handles then guide the applicant made the filing in the competent bodies;

b) check of documents and evidence attached.

2. Review of processing petition violated according to the following rules: a) within a period of 10 working days from the date of receiving the petition to handle infringement, violation processing agency responsible for reviewing the validity of the application and the documents, and evidence;

b) documented cases, evidence by the applicant provides incomplete, the processing agency violates the request the applicant to supplement the documents, evidence or explanation within a maximum of 30 days from the date of the request;

c) Agency the authority may ask the party being asked to handle the offense to provide information, evidence, explanation; plebiscite the expertise of State Agency on industrial property or referendum industrial property assessment to clarify the details of the incident;

d) within a period of 30 days from the date of the application to meet the requirements, the person who has the authority to notify the Organization, individuals request processed in breach of planning time, procedures, processes and measures requires cooperation, support the of the subject of industrial property rights in the Inspector , test, verify and handle breach.

3. The rights and responsibilities of the parties were asked to handle violation: a) in the course of handling the incident, the party being requested can handle themselves or at the request of the competent person provide information, documents, evidence, explanation in case the requested Party does not agree to handle violation within 10 days from the date fixed in the notice be of competent people are accepting the service infringed on or set the minutes, the minutes of administrative violations. Where there is good reason, parties were asked to handle may recommend in writing to the Authority extended the deadline on the but not more than 30 days from the day of notice or inspection record-setting days, the minutes of administrative violations;

b) Parties were asked to handle can authorize other individuals, organized according to the provisions of article 23 of this decree made the provision of information, documents, evidence, explanation provided for in point a of this Paragraph;

c) to demonstrate the behavior doesn't violate rights to inventions, utility solutions is the process, parties were asked to handle has the obligation to prove the product is produced from the process violated rights to inventions, utility solutions, in fact not produced from the patent protection process , useful solutions, subject to the corresponding conditions specified in paragraph 4 to article 203 of the intellectual property Law;

d) where the parties were asked to handle does not offer or provide the information, documents, evidence, comments not enough explanation to justify the infringement, no person has the authority to decide the case based on the results of the inspection, testing and information, documents, evidence by personal request, violate offers to the decision process.

Article 26. Provide evidence, identifying information


1. The request may perform the required service industrial property examiner, asked the State Agency on industrial property provides expertise on determining the scope of protection and the offending element, the initiative provides material evidence to prove infringement or clarify the details of the incident.

2. the competent agency to handle violation may ask the requested handle infringement, provide documentation, evidence, comments explain or clarify the details of the case within the time limit determined; ask the owner of the industrial property rights provided information, documents, specimens to identify offending signs, identify the real goods, counterfeit goods, infringement, or where the supply of legitimate goods consumption, determining the goods produced outside the licensed right to use industrial property subject imports or not parallel imports.

3. The authorities competent to handle violation can inspect yourself, verify, collect evidence, identify the scope of protection of industrial property rights and determine violations of the provisions of the law on intellectual property. Case of need can recommend authorities proceed to verify, collect evidence of violations, require State agencies about industrial property providing expertise or referendum industrial property assessment to determine the scope of protection and determine the elements of the violation.

4. The competent handling of violations may be based on the written commitment endorsed goods, counterfeit service marks, geographic indications of the subject of industrial property rights, the text of the expertise of the State Agency on industrial property, the text concludes the assessment to determine the violation but must bear legal responsibility for vi conclusion offense and decided to handle its infringement.

5. The authorities competent to handle violation can provide information regarding the place of manufacture, channels of consumption, the supply of counterfeit, infringing goods and the details of the incident at the request of the subject of industrial property rights or of the person who has the authority to resolve disputes or sanction violations in the Agency other organizations, provided that the provision of information, that document does not affect the efficiency of handling related case and not in the case of security under the provisions of the law.

6. the competent authority handling the case have the right to request party being asked to handle violations and the parties have rights and interests involved in violations provide information, documents and evidence required, arguments or review the request, the other party's arguments; parties are held or controlled evidence, documents related to the violation must present evidence, that document to make the base.

7. industrial property right owner or authorized representative of the subject of industrial property rights, may suggest that the competent bodies handle violation lets join and support the activity Inspector, examine, verify, collect evidence, identify the real goods, counterfeit goods goods infringing, identify the offending elements on goods and products, raw materials, materials, means business and cargo handling measures, service breaks. The Agency has the jurisdiction to handle violation decision allowing participation by the provisions in this paragraph, except where necessary to protect trade secrets under the reasonable requests of the parties dealt with.

Article 27. Handle the incident violated when there are disputes 1. The case has generated complaints, denunciations or disputes about registration, ownership rights, copyright infringement processing requirements, terms of protection, the scope of protection of the industrial property rights concerned after the petition handling violation was accepting, the competent authorities accepting the implementation measures for the following processing : a) require the parties concerned implement the required procedures to resolve complaints, accusations, disputes the competent authorities under the provisions of the law on intellectual property;

b) require the owner of the industrial property rights, commitment or require the State Agency on industrial property clarification on the legal status of the industrial property rights are there complaints, accusations, disputes.

Within 30 working days from the date of receipt, the commitment of the subject of industrial property rights or written reply of the State Agency on industrial property, the competent authorities accepting the responsibility to answer the requests processed in breach of the procedure of handling or refuse to handle the offense.

2. in case of violation of processing petition was accepting, but the parties in agreement with each other and the proposed measures consistent with the provisions of the law on intellectual property, without prejudice to the rights and interests of third parties, consumers and society, the competent bodies handle violation noted that solving measures and stop the handling of the incident.

Article 28. Reject, stop processing the violation 1. The Agency handled in violation to refuse handling of violations in the following cases: a) petition to handle violation be filed when disputes relating to industrial property rights;

b) Who asked to handle violation does not meet the requirements of the Agency processed in breach of the award process, additional evidence as the subject of industrial property rights and prove breach as defined in point b of Paragraph 2 of article 25 of this Decree;

c) Off time sanctioning administrative violations as defined in paragraph 1 of article 6 of law handling administrative violations;

d) results verification of the agency handling the offense or the police showed no offense as described in the petition to handle violation;

DD) Has concluded, the decision or the notice of the competent agency about not enough grounds for conducting the procedure of handling violation;

e) behavior not considered to violate the provisions of the law on intellectual property, or not sanctioned the administration under the provisions of this Decree.

2. The person accepting the petition to handle violation must stop violation processing procedure in the following cases: a) Has generated complaints, accusations, disputes after accepting the petition to handle violation and must wait for the results solve of the competent authority as defined in article 27 paragraph 1 of this Decree;

b) don't have enough bases to determine the infringement of industrial property rights after accepting the petition to handle violation;

c) the applicant requires the handling offence has requested withdrawal processed text in violation;

d) the parties negotiate to resolve the incident as defined in paragraph 2 of article 27 of this Decree.

3. in case of violations related to goods production and trading fake trademarks, geographical indications, fake packaging, stamps, labels, other items bearing trademark, geographical indication, the fake authority sanctions still conducting the procedure of administrative sanctions for violations of that Although the notice of withdrawal requests processed in violation prescribed in Point c of Paragraph 2 of this Article.

Article 29. Coordinate handling violation 1. Require coordinated processing of violation: a) the case violated the complex details have or are related to many organizations, different individuals, the competent authorities accepting the petition to handle violation may request the competent bodies and the State Agency on industrial property in the related local coordinate handling violation. Require coordinated processing of violation must have information about the incident summary and recommendations the content should coordinate the process and fixing the time limit at the latest 15 days to receive the Agency asked to answer;

b) receptors require coordinated processing of violation is responsible to reply within the time limit fixed, the case refused to coordinate the processing of the must specify the reason.

2. Use the review results, handle petitions handled in violation of the other bodies: a) the agency handling offence has the right to use the results to identify violations, determine the value of the goods by other competent organs taken, if any, to ensure consistency of measures for handling and penalties for the same violations , are similar or related to an industrial property objects of the same subject of industrial property rights;

b) where the opinion, conclusion, deciding between different competent authorities about identifying violations, of the measures, the level of processing of violation, the person has authority to sanction violation can establish Consultative Council composed of prestigious experts in relevant areas of expertise to help the person who has the authority to conclude about the violations.

Article 30. Sanction procedure 1. When administrative violations in the field of industrial property, who has authority to sanction prescribed in articles from 16 to 21 of this Decree and the servants are on duty has the authority to establish the minutes of administrative violations.

2. The order and procedure for sanctioning of administrative violations follow specified in section 1 of chapter III of law handling administrative violations.

Article 31. Enforcement of punishment decisions and coercive enforcement of punishment decisions 1. The enforcement of punishment decisions and coercive enforcement of administrative sanction decisions made under the provisions of law handling administrative violations.

2. for the decision sanctioning administrative violations there apply remedial measures is forcing change, remove offending elements in the name of business organizations, individuals responsible for violations undergo change company name, remove offending elements in the business name in the business register within a period of 60 days from the date of the decision sanctioning administrative violations are enforceable.

After the above mentioned time limit, if the organization or individual in violation of not conducting the procedure of changing the company name, remove offending elements in the company name, then the agency decision sanctioning administrative violations required business registration agency revoked the certificate of business registration. The business registration agency is responsible for the revocation of business registration certificate under the provisions of the law.


3. for the decision sanctioning administrative violations have applied measures to compel change domain information or return the name of the domain, then the Organization, individuals are responsible for conducting the procedure to change the domain information or return the domain name in domain name management agency within 30 days from the date the decision of administrative sanctions in effect executed.

After the above mentioned time limit if the Organization, individuals are not violations undergo change domain information or return the name of the domain, then the agency decision sanctioning administrative violations require domain administration revoke the domain name. Domain name management agency responsible for recovery of domain names under the provisions of the law.

4. Credit institutions, the State Treasury is responsible for the implementation of penalties, moving fine, forfeit reimbursement pursuant to the decision of the case processing authority sanctions prescribed by law.

Article 32. Modify, cancel, suspend the validity of administrative sanction decision 1. The case decided to settle disputes on industrial property of competent authority to be issued within a period of 90 days from the date of enactment of administrative sanction decisions lead to the change of base, the content of administrative sanction decision, the authority sanctioned the decision to modify the Cancel, suspend, in whole or in part the validity of the administrative punishment decision issued in accordance with the dispute resolution decisions.

2. where the administrative sanctions decision was held, personally sanctioned the competent enforcement sanctions do one of the following measures: a) suggested the State Treasury which collects the fines reimbursed a portion or the entire fine was filed by decision modify , cancel, suspend the sanction decision at the request of the Organization, the individual has paid the fine. The request to refund the fines are only accepted within a period not exceeding 90 days from the date of promulgation of the decision to modify, cancel, suspend;

b) return the goods and products, means business on hold, seized but not yet dealt with. Case goods and products, the business media detained, seized has dealt with organizations, individuals require handling violations have liability for the Organization, the individual dealt with according to the commitments made when asked to handle infringement, if any;

c) other disposal measures under the reasonable suggestions of the parties concerned.

3. in case of administrative sanction decision is found to be infringing on the jurisdiction, procedure, the base enacted shall be processed under the provisions of article 15 of law handling administrative violations and rules of law about the complaints, accusations.

Chapter V ENFORCEMENT PROVISIONS Article 33. Effect 1. The Decree has effect as from October 15, 2013.

2. Decree No. 97/2010/ND-CP dated 21 September 2010 of the Government sanctioning administrative violations in the field of industrial property expired from the date of the Decree has effect.

Article 34. Transitional provisions for administrative violations in the field of industrial property that occurred before 1 July 2013 that were discovered or are considering, addressed the application of the rules to benefit the Organization, individuals violating.

Article 35. Implementation 1. The Ministry of science and technology, guide the implementation of this Decree.

2. Ministry of planning and investment, Ministry of science and technology guidelines, procedures for changing company name, remove offending elements in company name and recall the business registration certificate in case the company name violated the law on intellectual property.

3. The Ministry of information and communications, the Ministry of science and technology guidelines, procedures change, revoke the domain name in violation of laws on intellectual property.

4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the central cities in the scope of his duties, function is responsible for organizing the implementation of this Decree.