Decree 8/2013/nd-Cp: Regulations Sanctioning Administrative Violations With Regard To Acts Of Producing, Trading In Counterfeit Goods

Original Language Title: Nghị định 08/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính đối với hành vi sản xuất, buôn bán hàng giả

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Decree sanctioning administrative violations with regard to acts of producing, trafficking in counterfeit goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the criminal on December 21, 1999 and the law amending and supplementing a number of articles of the criminal code on June 29, 2009;
Commercial Law base on June 14, 2005;
Pursuant to the law on intellectual property on November 29, 2005 and the law on amendments and supplements to some articles of the law on intellectual property, June 19, 2009;
Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
According to the recommendation of the Minister of industry and trade;
The Government issued the Decree sanctioning administrative violations with respect to the behavior of production, trafficking in counterfeit goods, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, the form, the level of sanctions, remedial measures applied to administrative violations, procedures and jurisdiction of administrative sanction for acts of producing, trafficking in counterfeit goods.
2. Goods belonging to the scope of the Decree included goods as defined in paragraph 2 of article 3 of the 2005 trade law.
Article 2. Application object 1. Individual, organization, Vietnam has produced acts, trafficking in counterfeit goods on the territory of Vietnam.
2. Individuals, organizations have produced acts, trafficking in counterfeit goods on the territory of Vietnam, except in the case of international treaties to which Vietnam is a member otherwise.
Article 3. Explanation of terms Under this Decree, the terms below are interpreted as follows: 1. "the production of fake goods" is the realization of one, some or all of the works produced, desktop publishing, printing, processing, ordering, processing, processing, extraction, recycling, Assembly, blending, san chia, transfer , loading, packing and other activities make counterfeiting to put into circulation.
2. "trafficking in counterfeit goods" is the realization of one, some or all of the activities, exhibits, introduction, advertising, promotion, retention, storage, transportation, sale, export, import and other activities to bring counterfeit goods into circulation.
3. "the stamps, labels, fake packaging" includes decals, labels of goods, packaging of goods, the types of stamps of quality, warranty, the lining membrane of the goods or other items contraction of individuals, business organizations have forged instruction prescribed in clause 2 article 4 of this Decree.
4. "exhibits": a) counterfeit products, yet the product was put into circulation or not;
b) raw materials, spare parts, components, additives, substances that support the processing, the categories of materials, other materials and stamps, labels, fake packaging is used for the production of counterfeit goods.
5. "means" include vehicles, machinery, tools and other material used for the production of, trafficking in counterfeit goods.
Article 4. Counterfeit 1. Valuable aviation use, uses: a) the goods do not have use value, uses; value in use, do not use the source natural nature, the name of the cargo; value in use, do not use use value, uses has published or registered;
b) goods with the main substance, total weight, nutrients or other basic technical characteristics only reached 70% down compared with the standard quality, the registered technical regulation, announced the applied or stated on the label, packaging of goods;
c) Smoking prevention and healing for people, pets have no substance; has the right but not the drug with already registered; not enough drug types already registered; There are other drug with substance on the label, packaging of goods;
d) plant protection drugs without the active ingredient; Active content only from 70% down compared with the standard quality, the registered technical regulation, announced the applied; not enough types of active substances already registered; There are other active substances with active ingredient listed on the label, the packaging of the goods.
2. Counterfeit trademark goods packaging: a) goods labeled goods packaging, fake name, address of traders other traders; fake trade name, brand name merchandise, the registration code in circulation, the bar code or the packaging of the goods of other traders;
b) goods labeled goods packaging, record instructions to forge the origin of goods, the place of production, packing, Assembly of the goods.
3. the counterfeit of intellectual property regulation in article 213 of the 2005 intellectual property Law.
4. Stamp, label, packaging.
Article 5. The application of administrative sanctions and remedial measures 1. Form of a fine specified in this decree applies sanctions depending on the violation, the nature and extent of the violation, the violation subject to the level of penalties as follows: a) for acts of trafficking in counterfeit goods: From 100,000 copper to 70,000,000;
b) for producing fake behavior: From 200,000 VND to 100,000,000 đồng.
2. additional sanctions confiscated exhibits, means of violating the provisions of this Decree shall be applied in the following cases: a) the exhibits specified in point b of paragraph 4 of article 3 of this Decree;
b) exhibits is the type of counterfeiting that if measures forcing individuals, organized the destruction order violations will affect the environment, the environment, human health, animals, plants and the safe social order;
c) exhibits is counterfeit cannot remove offending elements on labels, product packaging, goods or the removal of the offending elements still leads to the possibility of subsequent violations;
d) The forced taken out of Vietnam territory or forced back exhibits is not possible;
DD) media confiscating violation is applicable to individual media types, organization used directly for the production of, trafficking in counterfeit goods and does not include the means of infringement as defined in paragraph 2 article 17 Ordinance on handling administrative violations in 2002 was amended and supplemented by Ordinance Amendment , the addition of some articles of the Ordinance on handling administrative violations in 2008 (hereinafter referred to as the Ordinance) and clause 2 article 12 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance (hereinafter referred to as the Decree No. 128/2008/ND-CP).
3. Sanctions deprived of right to use has a time limit or expiry licences, certificate of practice prescribed in this Decree shall be applied as follows: a) Only apply to individuals, organized administrative violations are granted a license, certificate of practice;
b) applying sanctions deprived of right to use has a time limit or expiry licences, certificate of practice made under the provisions of article 16 of Ordinance and article 11 of Decree 128/2008/ND-CP. 4. Remedial measures prescribed in this Decree shall be applied as follows: a) Compel individuals, organized the destruction of counterfeiting violations are applicable to the type of counterfeiting that the self destruction does not affect the environment, the environment, human health, animals, plants and the safe social order;
b) Forcing individuals, the Organization violating remove offending elements on the label, packaging for counterfeits are applicable to counterfeit removed offending elements and the removal of the offending element does not lead to the possibility of subsequent violations;
c) Forcibly taken out of the territory of Vietnam or forcing origin for imported counterfeit behavior be applied in individual cases, the offending organization capable of implementing the measures;
d) Forcible return of proceeds to the State budget are applicable to individuals, the Organization had violated the illegal profits, covering the whole of the proceeds from the production, trafficking in counterfeit goods;
DD) forced the recall destroyed or forced to revoke to remove offending elements are applied with regard to the number of counterfeiting that individuals, organizations violating was consumed, sold still in circulation on the market.
5. When adopting remedial measures specified in paragraph 4 of this article, the person who has the authority to sanction prescribed time limits appropriate to the individual, the organization violated the implementation. The case has made record expiry in sanction decisions which do not make it must comply or decide to confiscate to handle according to the regulations.
Article 6. Apply the provisions of the law sanctioning administrative violations 1. Personally, the Organization has produced acts, trafficking in counterfeit goods sanctioned administration of each violation prescribed in this Decree.
2. Principle of sanction; the absence of sanctions; the extenuating or aggravating circumstances; time and duration of sanctions; the time limit is considered to be not yet sanctioned; calculation of time limits and deadlines; apply the sanctions administrative violations and remedial measures; the responsibilities of the authority sanctioning administrative violations with respect to the behavior of producing counterfeiting trade, made under the provisions of the Ordinance and Decree No. 128/2008/ND-CP. Article 7. Moving violations records signs so crime criminal responsibility or moved back to the administrative sanctions 1. The acts of producing, trafficking in counterfeit marks of crime under the provisions of the criminal code in 1999 and the law amending and supplementing a number of articles of the criminal code in 2009 then the competent person must transfer the records violations to the agency conducting the criminal proceedings has the authority to consider prejudice to criminal responsibility according to the provisions of article 62 France command.
2. in case of not being prejudice to criminal violations records transfer, production, trafficking in counterfeit goods to administrative sanctions under the provisions of article 63, the Ordinance on administrative sanctions under the provisions of this Decree.
Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS article 8. Sanctions for acts of trafficking in fake goods has no use value, uses 1. With regard to trafficking in counterfeiting acts do not have use value, uses prescribed in clause 1 article 4 of this Decree, fines are as follows: a VND 500,000 fine) to 1,000,000 VND in counterfeit case is equivalent to the amount of real goods of value to 1,000,000;
b) fine from 1,000,000 to 3,000,000 đồng VND in counterfeit case is equivalent to the amount of real goods of value from 1,000,000 to 3,000,000 đồng VND; on the

c) fine from 5,000,000 3,000,000 Dong to Council in the case of counterfeit goods equivalent to the amount of real goods valued at 3,000,000 5,000,000 to bronze on copper;
d) fine from 5,000,000 VND to 10,000,000 VND in counterfeit case is equivalent to the amount of real goods of value from copper to 10,000,000 5,000,000 on;
DD) fine from 10,000,000 20,000,000 to copper in the case of counterfeit goods equal to the amount of real goods valued at over 10,000,000 VND to 20,000,000;
e) fine from copper to 20,000,000 30,000,000 VND in counterfeit case is equivalent to the amount of real goods valued under 20,000,000 30,000,000 from the copper to copper;
g) fine from copper to 30,000,000 50,000,000 Council in case of counterfeiting is equivalent to the amount of real goods of value from 30,000,000 VND and above without prejudice to criminal responsibility.
2. A fine of twice the level of the fines prescribed in clause 1 of this article, but no more than 70,000,000 Council for one of the following cases: a) counterfeiting is food, food, medicines, drug prevention, animal feed, fertilisers, veterinary medicine, plant protection, plant breeding Pet breed, without prejudice to criminal liability;
b) counterfeiting is food additives, cosmetics, medical equipment, cement, construction, iron and steel helmets;
c) behavior of importing counterfeit goods or individuals, organized trafficking in counterfeit goods is the direct import of counterfeit goods.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending; counterfeit trafficking violations specified in point a and b of Paragraph 2 of this Article;
c) Deprived the right to use the license, certificate of practice is not the term for counterfeit trafficking violations specified in point a and b of Paragraph 2 of this Article in case of repeat infringers or re-offending.
4. remedial measures: a) forced the destruction of counterfeit goods for violation of the provisions of this Article;
b) Forcibly taken out of Vietnam territory or origin for the behavior of importing counterfeit goods specified in this;
c) forced the return of proceeds from trafficking in counterfeit goods into the State budget for the violation of the provisions of this Article;
d) forced the recall for the destruction of counterfeit goods sold still in circulation on the market for infringement of the provisions of this Article.
Article 9. Sanctions for acts of producing counterfeiting have no use value, uses 1. For the production of counterfeiting acts do not have use value, uses prescribed in clause 1 article 4 of this Decree, fines are as follows: a) a fine of up to 7,000,000 copper copper 3,000,000 in case of counterfeiting is equivalent to the number of real worth to 3,000,000;
b) fine from 10,000,000 to copper copper 7,000,000 in case of counterfeiting is equivalent to the amount of real goods valued at 3,000,000 5,000,000 to bronze on copper;
c) fine from 10,000,000 20,000,000 to copper in the case of counterfeit goods equal to the amount of real goods of value from copper to bronze; 10,000,000 5,000,000 on
d) fine from copper to 20,000,000 30,000,000 VND in counterfeit case is equivalent to the amount of real goods valued at over 10,000,000 VND to 20,000,000;
DD) fine from copper to 40,000,000 30,000,000 VND in counterfeit case is equivalent to the amount of real goods valued under 20,000,000 30,000,000 from the copper to copper;
e) fine from the copper to copper 60,000,000 40,000,000 in case of counterfeiting is equivalent to the amount of real goods of value from 30,000,000 VND and above without prejudice to criminal responsibility.
2. A fine of twice the level of the fines prescribed in clause 1 of this article, but do not exceed 100,000,000 contract for one of the following cases: a) counterfeiting is food, food, medicines, drug prevention, animal feed, fertilisers, veterinary medicine, plant protection, plant breeding Pet breed, without prejudice to criminal liability;
b) counterfeiting is food additives, cosmetics, medical equipment, cement, construction, iron and steel helmets.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending;
c) Deprived the right to use the license, certificate of practice is not the time limit for producing counterfeit violations specified in clause 2 of this Thing.
4. remedial measures: a) forced the destruction of counterfeit goods for violation of the provisions of this Article;
b) forcing the return of the proceeds from the production of counterfeit goods into the State budget for the violation of the provisions of this Article;
c) forced the recall for the destruction of counterfeit goods were consumed also are circulating on the market for infringement of the provisions of this Article.
Article 10. Sanctions for acts of trafficking in counterfeit labels of goods, packaging of goods 1. As for the fake goods trade behavior tangle, the packaging of the goods specified in clause 2 4 of this Decree, fines are as follows: a VND to 200,000 fine) 500,000 VND in counterfeit case is equivalent to the amount of real goods of value to 1,000,000;
b) fine from 500,000 to 2,000,000 VND VND in counterfeit case is equivalent to the amount of real goods of value from 1,000,000 to 3,000,000 đồng VND; on the
c) a fine of 2,000,000 VND to 3,000,000 in case of counterfeiting is equivalent to the amount of real goods valued at 3,000,000 5,000,000 to bronze on copper;
d) fine from 5,000,000 3,000,000 Dong to Council in the case of counterfeit goods equivalent to the amount of real goods of value from copper to 10,000,000 5,000,000 on;
DD) fine from 5,000,000 VND to 10,000,000 VND in counterfeit case is equivalent to the amount of real goods valued at over 10,000,000 VND to 20,000,000;
e) fine from 10,000,000 20,000,000 to copper in the case of counterfeit goods equal to the amount of real goods valued under 20,000,000 30,000,000 from the copper to copper;
g) fine from copper to 20,000,000 30,000,000 VND in counterfeit case is equivalent to the amount of real goods of value from 30,000,000 VND and above without prejudice to criminal responsibility.
2. A fine of twice the level of the fines prescribed in clause 1 of this article for one of the following cases: a) counterfeiting is food, food, medicines, drug prevention, animal feed, fertilisers, veterinary medicine, plant protection, seed, livestock breeds without prejudice to criminal liability;
b) counterfeiting is food additives, cosmetics, medical equipment, cement, construction, iron and steel helmets;
c) behavior of importing counterfeit goods or individuals, organized trafficking in counterfeit goods is the direct import of counterfeit goods.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending; counterfeit trafficking violations specified in point a and b of Paragraph 2 of this Article;
c) Deprived the right to use the license, certificate of practice is not the term for counterfeit trafficking violations specified in point a and b of Paragraph 2 of this Article in case of repeat infringers or re-offending.
4. remedial measures: a) the Forced removal of offending elements on the label, packaging for counterfeits for violation of the provisions of this Article;
b) Forcibly taken out of the territory of Vietnam or forced back against imported counterfeits behavior regulation in this area;
c) forced the return of proceeds from trafficking in counterfeit goods into the State budget for the violation of the provisions of this Article;
d) Forced to revoke to remove offending elements with respect to the number of counterfeits sold still in circulation on the market for infringement of the provisions of this Article.
Article 11. Sanctions for acts of manufacturing fake brand goods, packaging of goods 1. For the behavior of producing counterfeit brand goods, the packaging of the goods specified in clause 2 4 of this Decree, fines are as follows: a) a fine of 2,000,000 VND to 5,000,000 VND in counterfeit case is equivalent to the number of real worth to 3,000,000;
b) fine from 5,000,000 to 8,000,000 contract in case of counterfeiting is equivalent to the amount of real goods valued at 3,000,000 5,000,000 to bronze on copper;
c) fine from copper to 8,000,000 15,000,000 VND in counterfeit case is equivalent to the amount of real goods of value from copper to 10,000,000 5,000,000 on;
d) fine from copper to 25,000,000 15,000,000 VND in counterfeit case is equivalent to the amount of real goods valued at over 10,000,000 VND to 20,000,000;
DD) fine from copper to copper 35,000,000 25,000,000 in case of counterfeiting is equivalent to the amount of real goods valued under 20,000,000 30,000,000 from the copper to copper;
e) fine from copper to copper 45,000,000 35,000,000 in case of counterfeiting is equivalent to the amount of real goods of value from 30,000,000 VND and above without prejudice to criminal responsibility.
2. A fine of twice the level of the fines prescribed in clause 1 of this article for one of the following cases: a) counterfeiting is food, food, medicines, drug prevention, animal feed, fertilisers, veterinary medicine, plant protection, seed, livestock breeds without prejudice to criminal liability;
b) counterfeiting is food additives, cosmetics, medical equipment, cement, construction, iron and steel helmets.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending;

c) Deprived the right to use the license, certificate of practice is not the time limit for producing counterfeit violations specified in clause 2 of this Thing.
4. remedial measures: a) the Forced removal of offending elements on the label, packaging for counterfeits for violation of the provisions of this Article;
b) forcing the return of the proceeds from the production of counterfeit goods into the State budget for the violation of the provisions of this Article;
c) Forced to revoke to remove offending elements with respect to the number of counterfeits has consumed still in circulation on the market for infringement of the provisions of this Article.
Article 12. Sanctions for acts of trafficking in counterfeit packaging, labels, stamps 1. For the behavior of trade stamps, labels, fake packaging prescribed in paragraph 4 to article 4 of this Decree, fines are as follows: a VND 100,000 fine) to 200,000 in the case of fake packaging, labels, stamps have the number to 100 the, the, the or the equivalent unit (hereinafter referred to as units);
b) fined from 200,000 to 500,000 VND VND in case of fake packaging, label, stamp number from 100 to 500 units on the unit;
c) fine from 500,000 to 1,000,000 copper contract in case of fake packaging, label, stamp number from 500 to 1,000 units on the unit;
d) fine from 1,000,000 to 2,000,000 VND VND in case of fake packaging, label, stamp number from 1,000 to 2,000 units on the unit;
DD) a fine of 2,000,000 VND to 5,000,000 đồng in case of fake packaging, label, stamp number from 2,000 to 3,000 units units;
e) fine from 5,000,000 VND to 10,000,000 contract in case of fake packaging, label, stamp number from 3,000 to 5,000 units on the unit;
g) fine from 10,000,000 to 15,000,000 Board Council in case of fake packaging, label, stamp number from 5,000 to 10,000 units on unit;
h) fine from copper to copper 20,000,000 15,000,000 in case of fake packaging, label, stamp number 10,000 units.
2. A fine of twice the level of the fines prescribed in clause 1 of this article for one of the following cases: a) the stamps, labels, packaging of goods is food, food, food additives, drugs, medicines, cosmetics, medical equipment, animal feed , fertilizer, veterinary medicine, plant protection, seed, livestock breeds, cement, construction, iron and steel helmets;
b) import behavior stamps, labels, packaging or trade organizations, individual stamps, labels, packaging is the author who directly import packaging, labels, stamps.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending; violation of trade types of stamps, labels, fake packaging specified in point a of Paragraph 2 of this Article;
c) Deprived the right to use the license, certificate of practice indefinitely for violating trade types of stamps, labels, fake packaging specified in point a of Paragraph 2 of this Article in case of repeat infringers or re-offending.
4. remedial measures: a) the Forced destruction of the stamps, labels, packaging for violation of the provisions of this Article;
b) forced the return of proceeds from trafficking in counterfeit packaging, labels, stamps on the State budget for the violation of the provisions of this Article;
c) Forced recovery of the destruction of the stamps, labels, fake packaging sold still in circulation on the market for infringement of the provisions of this Article.
Article 13. Sanctions for behavior that produced counterfeit packaging, labels, stamps 1. For the behavior of production stamps, labels, fake packaging prescribed in paragraph 4 to article 4 of this Decree, fines are as follows: a VND to 200,000 fine) 500,000 in case of fake packaging, labels, stamps have the number to 100 units;
b) fine from 500,000 to 1,000,000 copper contract in case of fake packaging, label, stamp number from 100 to 500 units on the unit;
c) fine from 1,000,000 to 2,000,000 VND VND in case of fake packaging, label, stamp number from 500 to 1,000 units on the unit;
d) fine from 5,000,000 VND 2,000,000 VND to in case of fake packaging, label, stamp number from 1,000 to 2,000 units on the unit;
DD) fine from 5,000,000 VND to 10,000,000 contract in case of fake packaging, label, stamp number from 2,000 to 3,000 units units;
e) fine from 10,000,000 to 15,000,000 Board Council in case of fake packaging, label, stamp number from 3,000 to 5,000 units on the unit;
g) fine from copper to copper 20,000,000 15,000,000 in case of fake packaging, label, stamp number from 5,000 to 10,000 units on unit;
h) fine from copper to 20,000,000 30,000,000 VND in case of fake packaging, label, stamp number 10,000 units.
2. A fine of twice the level of the fines prescribed in clause 1 of this article with regard to the case of stamps, labels, packaging of goods is food, food, food additives, drugs, medicines, cosmetics, medical equipment, animal feed, fertilisers, veterinary drug, plant protection, seed, livestock breeds, cement, construction, iron and steel helmets.
3. additional sanctions: a) confiscated exhibits, means of violating for violating the provisions of this Article;
b) deprived of the right to use the license, certificate of practice time for violating the provisions of this Article in case of repeat infringers or re-offending; violation of production type of stamps, labels, fake packaging specified in paragraph 2 of this Article;
c) Deprived the right to use the license, certificate of practice indefinitely for violating produce stamps, labels, fake packaging prescribed in clause 2 of this in the case of violation or re-offending.
4. remedial measures: a) the Forced destruction of the stamps, labels, packaging for violation of the provisions of this Article;
b) forcing the return of the proceeds from the production of stamps, labels, fake packaging into the State budget for the violation of the provisions of this Article;
c) Forced recovery of the destruction of the stamps, labels, packaging has consumed still in circulation on the market for infringement of the provisions of this Article.
Article 14. Sanctions for acts of producing, trafficking in counterfeit of intellectual property for the acts of producing, trafficking in counterfeit of intellectual property provisions in paragraph 3 to article 4 of this Decree shall apply to the provisions sanctioning administrative violations in the field of intellectual property to sanction.
Chapter III PROCEDURES and COMPETENT ADMINISTRATIVE SANCTIONS article 15. Sanction procedure 1. The procedure of sanction, the sanction period, transfer the record violations of criminal signs, moving violations records for sanctioning of administrative violations, executive decision sanctioning administrative violations made under the provisions of the Ordinance and Decree No. 128/2008/ND-CP DATED. 2. Jurisdiction and procedure apply coercive measures to enforce the decision sanctioning administrative violations are made according to the provisions of Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.
3. The sanctioning administrative violations must be established and records kept in full accordance with the provisions of the law.
4. The competent administrative sanctions are responsible to publicize information about the name, personal address, organization of production, trafficking in counterfeit goods, counterfeit sanctioned, the false evidence, false detection or location on the page of the Agency's electronic information or provide this information to the information agency.
Article 16. The authority sanction of the people's Committee of the people's Committee Chairman level communes, wards and towns; Chairman of people's Committee of the district, County, town, and city in the province, central cities; Chairman of the provincial people's Committee, the city of centrally authorized administrative sanctions as specified in articles 28, 29 and 30 of the Ordinance with respect to the acts of producing, trafficking in counterfeit goods specified in this Decree in management.
Article 17. The authority sanction of market management agency 1. The Agency's authority to manage the market specified in article 37 Ordinance authorized the administrative sanction for acts of producing, trafficking in counterfeit goods provisions from article 8 to article 14 of this Protocol.
2. The authority sanctioning administrative violations according to Paragraph 1 of this article of the controllers to the market are on duty: a) caution;
b) a fine of up to 200,000.
3. The authority sanctioning administrative violations according to Paragraph 1 of this article of the captain of the market management: a) caution;
b) fines up to 5,000,000;
c) confiscated exhibits and media violations violations worth up to 30,000,000 VND;
d) apply remedial measures for administrative violations specified in this Decree, except the forced measures taken out of Vietnam territory or forced origin, exhibits.
4. The authority sanctioning administrative violations according to Paragraph 1 of this article of the Director market management Bureau: a) caution;
b) a fine of up to 20,000,000;
c) Deprived the right to use the license, certificate of practice or have no time limit; active duration suspension of production, goods, and services, in violation of;
d) confiscated exhibits and media violations violations;
DD) apply remedial measures for administrative violations specified in this Decree.
5. The authority sanctioning administrative violations according to Paragraph 1 of this article of the Director market management: a) caution;
b) fines to 70,000,000;
c) Deprived the right to use the license, certificate of practice or have no time limit, the duration of the suspension of production activities, goods or services in violation of;
d) confiscated exhibits and media violations violations;
DD) apply remedial measures for administrative violations specified in this Decree.
Article 18. The authority sanctioning administrative violations of the organs of public security, customs, border guard, police, specialized inspection of sea

1. district-level police Chief, head of police criminal investigations of order and economy management, Director of the provincial public security, the Director of criminal investigation police about order and economic management authority administrative sanctions under the provisions of article 31 of the Ordinance for the production behavior , trafficking in counterfeit goods specified in this Decree.
2. The competent authority of the border guard, the coast guard, the customs authority administrative sanctions as stipulated in articles 32, 33 and 34 Ordinance for export behavior, import of counterfeit goods, counterfeit goods trafficking across borders specified in this Decree in its management.
3. The competent inspection authorities competent specialized administrative sanctions under the provisions of article 38 the Ordinance against acts of producing, trafficking in counterfeit goods specified in this Decree, in the field of management of the industry.
Article 19. Valuation of exhibits administrative violations The valuation of exhibits, the media breached as bases for determining fine frame, authorized sanctions made under the provisions of article 34 of Decree 128/2008/ND-CP, in particular the following: 1. for counterfeiting defined in art. 4 of article 3 of this Decree is the real market price of the goods or commodities have the same technical features, uses at the time where the administrative infringement detection as defined in point d item 2 Article 34 of Decree 128/2008/ND-CP heads inspection uncovered administrative violations or are accepting the handling of administrative violations are responsible for determining organization according to the provisions in this paragraph.
2. where the value could not be determined as specified in paragraph 1 of this article, the Council identified in accordance with paragraph 3 to article 34 of Decree 128/2008/ND-CP to determine price as the price of counterfeit goods based on the order of priority specified in paragraph 2 to article 34 of Decree 128/2008/ND-CP. 3. Exhibits violated, the media breached prescribed in point b paragraph 4 and Paragraph 5 of article 3 of this Decree shall be determined according to the value specified in article 34 of Decree 128/2008/ND-CP. Article 20. Handling of exhibits, means of administrative violations 1. The handling of exhibits, means of administrative violations are made according to the provisions of the Ordinance and Decree No. 128/2008/ND-CP DATED. 2. Individuals, organized administrative violations are responsible to pay for the recovery of the destroyed, remove offending elements when applying this measure.
3. for counterfeiting sanctioned seizure or destruction of handling confiscated destroyed if the individual, the organization violated the inability to pay the cost of destruction of false or unclaimed, the State budget funding the destruction of counterfeit goods as prescribed.
Article 21. Apply measures to prevent violation of the application of administrative measures to prevent violations and ensure the administrative sanctioning administrative violations with respect to the behavior of producing counterfeiting trade, made under the provisions of the Ordinance and Decree No. 128/2008/ND-CP. Article 22. Management, using the proceeds from handling administrative violations the management, using the proceeds from sanctioning administrative violations with respect to the behavior of production, trafficking in counterfeit goods including fine, money selling exhibits, seized vehicles (if any) prescribed by the Minister of finance.
Chapter IV the TERMS OF IMPLEMENTATION of Article 23. Effect 1. The Decree has effect as from March 1, 2013.
2. the repealed regulations: a) Clause 8 of article 3, article 24 and article 25 of Decree 6/2008/ND-CP dated 16 January 2008 by government regulation on sanctioning administrative violations in trade activities are modified, supplemented by Decree No. 112/2010/ND-CP on 1st December 2010 the Government's modification supplement some articles of Decree No. 03/2008/ND-CP;
b) Clause 6 of article 3, article 7 and article 10, Decree No. 15/2010/ND-CP on 1st March, 2010 of the Government regulation on sanctioning administrative violations in the operation of business, production of fertilizers;
c) article 12 of Decree 6/2009/ND-CP dated 22 January 2009 the Government's sanctioning of administrative violations in the field of production, trading alcohol and cigarettes;
d) Clause 28 article 2 of Decree 33/2005/ND-CP dated 15 March 2005 from the Government detailing the implementation of a number of articles of the Ordinance on veterinary medicine;
DD) point a, point b and point d item 2 Article 23 of Decree 93/2010/ND-CP dated 18 December 2010 of the Government sanctioning administrative violations regarding drugs, cosmetics and medical equipment;
e) point b paragraph 4 Article 13, point c Paragraph 6 article 14 and point c Paragraph 2 article 17 of Decree 26/2003/ND-CP dated 19 March 2003 of the Government sanctioning administrative violations in the field of plant quarantine and protection;
g) Clause 3 article 12 and paragraph 3 article 16 stipulates sanctions for acts fake label pet varieties are circulating on the market have been registered in Decree No. 47/2005/ND-CP dated 8 April 2005 by the Government on sanctioning administrative violations in the field of livestock breeds;
h) item 2 of article 3, article 13 and article 14 of Decree 8/2010/ND-CP dated 25 January 2011 of government sanctioning administrative violations of animal feed;
I) point b and point c of paragraph 4 Article 16 of Decree 97/2007/ND-CP dated 7 June 2007 by the Government the handling of administrative violations and coercive enforcement of administrative decisions in the field of Customs was amended and supplemented by Decree No. 18/2009/ND-CP dated 18 February 2009 the Government's modification supplement some articles of Decree No. 97/2007/ND-CP;
k) the other provisions of the Government on counterfeiting and sanctioning administrative violations with respect to the behavior of producing counterfeiting trade, issued before the date of this Decree takes effect.
Article 24. Transitional provisions 1. Violations of the administration of the production, trafficking in counterfeit goods carried thereon and administrative violations before the decree to this effect, the sanctions to be applied in accordance with the Decree sanctioning administrative violations in the areas concerned.
2. administrative violations regarding production, trafficking in counterfeit goods made up the minutes of administrative violations during this Decree not yet in effect, but at the time of sanctioning this Decree in force shall apply the provisions of this Decree to sanction in the case of this Decree, no sanctioned rules or regulations administrative sanctions and treatment level the lighter penalty.
Article 25. Responsibility 1. Minister of industry and commerce is responsible for guiding and organizing the implementation of this Decree.
2. The Minister of finance is responsible, in coordination with the Ministry of industry and trade and the ministries concerned detailing the implementation of the provisions of article 5 paragraph 4 d, paragraph 3 article 20 and article 21 of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the implementation of this Decree.