Pursuant to the law on organization of the Government of 25 December 2001;

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 on competition of 3 December 2004;

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

Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 April 2008 (hereafter referred to collectively as the Ordinance on handling administrative violations);

Considering the recommendation of the Minister of science and technology, the DECREE: 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 jurisdiction, procedure and enforcement sanctions decision sanctioning administrative violations in the field of industrial property.

Article 2. Objects held, personal Vietnam; organizations, foreign individuals are violations of State regulations on industrial property, industrial property rights infringement or unfair competition of industrial property occurs in Vietnam; organizations and individuals involved in the process of handling administrative violations in the field of industrial property;

Article 3. Sanctions and remedial measures 1. Each administrative violations were only applied a form of sanction is warned or fined: a) caution be applied for violations in the cases specified in article 13 Ordinances handling administrative violations and specified in the corresponding provision of this Decree allows applying the sanctions warning for violation that;

b) fine was imposed under framework of penalties prescribed for each administrative violations prescribed in the corresponding provision of this Decree, the maximum fine is 500,000,000 contract.

2. Depending on the nature and extent of the violation, the Organization, individuals are also violations 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 to produce counterfeit goods business, trademarks or geographical indications; the stamps, labels, packaging and other items bearing the offending elements; the media business, including the media, advertising media services contain elements that infringe; protection degree, certificate or other document being corrected, erased or tampered with;

b) deprived of the right to use has a time limit or expiry of certificate services practice industrial property agent; assessor cards; certificate of eligible organizations practice inspections;

c) active duration suspension of production, commodity trading, service breaks.

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; forced to remove the information, instructions for the goods or services violating on business media, including media advertising, electronic networks or change, recovery of domain names, business name containing the elements of the violation;

b) Forced distribution or put into use not intended for trading counterfeit goods with trademarks or geographical indications, goods infringing industrial property rights; raw materials, materials, and media are mainly used to produce counterfeit goods business, trademarks or geographical indications, goods infringing industrial property rights 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 the offending element, goods, exhibits, the media breached remove offending elements or infringing goods harmful to human health, animals, plants and the environment; the stamps, labels, packaging and other items bearing the offending elements;

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) withdrawal of the State budget the amount of illegal profits made by the administrative violations.

4. the aggravation, mitigation provisions in articles 8, 9 Ordinance on handling administrative violations and the extenuating circumstances: a) violate the first small scale;

b) violation by the unknown and there is no base to know about the status of protection of the industrial property rights concerned.

5. Time sanctioning administrative violations in the field of industrial property under the provisions of article 10 Ordinances handling administrative violations.

Article 4. Determine the value of goods and services in violation of 1. The valuation of the goods as exhibits, means of offense to do the base frame of the fine, the authority sanctioned by the competent person determine according to the bases and principles specified in article 34 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

2. where does not apply are the grounds prescribed in clause 1 of this article to valuation of goods and services as a basis for determining violations fine frames or to determine the amount of profit made by the illegal violations which have, then the authority sanction valuation of goods breach services, based on the number of goods, the volume of service violation have been produced, sold, shipped or provided on the billing records, contracts, orders, delivery, inventory, export import warehouse voucher slips, order entry, votes votes production, import of goods declarations papers, declare to the competent agency and the prices of goods and services infringing items on the documentation. If the documentation does not record the price based on other materials that record the price of goods and services, including letters of a quote, product brochures, advertisements, goods, and services.

3. The value of the goods or services in violation detected and documents, determining the value of goods and services infringing must be clearly stated in the minutes of the administrative offense and kept in the records.

4. where does not determine the value of goods and services in violation prescribed in clause 1 and clause 2 of this then the fines follow prescribed in clause 13 article 10, paragraph 12 article 11, paragraph 10 article 12, paragraph 8 of this Decree, article 14.

Chapter II INFRINGEMENTS SANCTIONED ADMINISTRATION section I VIOLATED the RULES of OPERATIONS MANAGEMENT INDUSTRIAL PROPERTY article 5. Violation of rules of procedure for establishing, implementing and defending industrial property rights 1. A fine from 5,000,000 VND to 10,000,000 VND for organizations, individuals with one of the following behaviors: a) repair, erase protection degree or proof of industrial property rights;

b) taking advantage of the procedure of establishing, implementing and defending industrial property rights to perform acts infringe the interests of the State, public interest, rights and legal interests of the Organization, the other individual.

2. A fine from 10,000,000 to 15,000,000 Board Council for organizations, individuals providing information behaviour, 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;

c) complaints, accusations in the procedure for establishing, implementing and defending industrial property rights;

d) requesting the termination of the violation, the request handle violations, require industrial property examiner, made the request of the competent authority in resolving disputes, handling of violations of industrial property.

3. A fine of 15,000,000 20,000,000 for copper to copper organisations, individual acts of forgery of paperwork in the case prescribed in clause 2 of this Thing.

4. additional sanctions: seized papers, documents, the degree of protection, documents proving ownership of the industry being corrected, erased or falsified for the acts stipulated in art. 1, paragraph 2 and paragraph 3 of this article.

Article 6. Violation of the instructions for protection of industrial property rights 1. Caution or a fine from 5,000,000 to copper copper 3,000,000 for organizations, individuals with 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 goods manufactured under contract to use the industrial property objects (instructions for licensed).

2. remedial measures: a) the Forced removal of offending elements on goods, means business for the acts specified in paragraph 1 of this article.

b) Forced the main wealth of publicity for the violations stipulated in points a, b paragraph 1 of this article;

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

Article 7. Violation of the provisions of the industrial property agent 1. Caution or fine of 2,000,000 to 5,000,000 đồng VND from for industrial property agent has 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 realistic, the level of fees of services industrial property agent at the request of the competent authority.

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

b) arbitrarily withdrew 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 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 timely delivered the degree of protection, documents of industrial property rights, for certificates and other decisions for the authorized parties represented without good reason;

DD) Organization, does not give individuals the content required by competent State agencies;

e) 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;

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

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

I) intentionally obstructs the normal process of establishing, implementing and defending industrial property rights to harm the person having rights and interests involved.

3. A fine from 10,000,000 to 15,000,000 Board Council for organizations, individuals with 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 20,000,000 15,000,000 words for fellow industrial property agent has one of the following behaviors: a) the unauthorized disclosure of information announced by the State administration authorities related to the process of receiving, evaluating, processing the application type , complaints, requests 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: a) to suspend the operations of service violation for violations specified in point a of paragraph 3 of this article;

b) deprived of the right to use the professional services of the industrial property agent from three to six months for the violation of the provisions in paragraph 2 of this Article;

c) Deprived the right to use the term professional services of industrial property agent for violations of the provisions of paragraph 4 of this Article.

Article 8. Breach of rules on industrial property inspection 1. Caution or fine of 2,000,000 to 5,000,000 đồng VND from for organizations, individuals with functional expertise on industrial property with 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;

c) fix, falsify the content inspection card, certificate of the eligible organization to operate industrial property examiner.

2. A fine of 5,000,000 VND to 10,000,000 VND for organizations, individuals with 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.

3. A fine from 10,000,000 20,000,000 for copper to copper organisations, individuals with 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) deliberately made the assessment in the case of the examiner to refuse in accordance with the law.

4. additional sanctions and remedial measures: a) to suspend the operations of service violation for violations specified in point a of paragraph 2 of this;

b) deprived of the right to use the card appraiser; certificate of eligible organisations operating industrial property assessment from three to six months for acts specified in point a, c paragraph 1 of this article;

c) confiscated documents repair, falsify or forge for acts specified in point c of paragraph 1 and point d of this paragraph 3;

d) withdrawal of the State budget the amount of profit for illegal acts specified in point a of paragraph 3 of this article.

Article 9. Violation of rules of inspection, inspection of industrial property 1. Caution or a fine of from 1,000,000 to 3,000,000 đồng VND for organizations, individuals with one of the following behaviors: a) refused to accept the decision to inspect, test, decide to sanction administrative violations without good reason;

b) does not provide, provide incomplete or false documents and data necessary for the implementation of the activity Inspector, inspection, violation processing as required by the authorized person.

2. A fine of 5,000,000 VND to 10,000,000 VND for organizations, individuals with one of the following behaviors: a) fail the request, concluded the decision of the Inspector, checking on industrial property without good reason;

b) obstruct, cause difficulties or evade the inspectors, inspection of competent inspector, checking on industrial property.

3. A fine from 10,000,000 to 15,000,000 Board Council for organizations, individuals with one of the following behaviors: a) insults, insulting, humiliating the person authorized to conduct the inspection, checking on industrial property;

b) intentionally delay, evade, not enforcement of administrative decisions of competent person inspection, checking and handling administrative violations in the field of industrial property.

4. A fine of 15,000,000 20,000,000 for copper to copper organisations, individuals with one of the following behaviors: a) arbitrarily remove, break the seal, arbitrarily alter the scene, changing the quantity, category of merchandise is evidence in breach of industrial property being inspected , checking, sealing or detention;

b) Pipe, destruction of evidence, the media are being inspected, checked.

5. remedial measures: Forcing recovery of exhibits, the media were riveted pipe for acts specified in point b of paragraph 4 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 fine of 2,000,000 to 4,000,000 copper copper from the Organization, individuals perform one of the following behaviors for business purposes in case the value of the goods infringe the same 5,000,000: 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 at points a, b of this paragraph.

2.8,000,000 4,000,000 VND to fine copper for organizations, individuals made a in violation of the provisions 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 8,000,000 15,000,000 VND for the Organization, individuals made a in violation of the provisions 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. A fine of 15,000,000 30,000,000 for the copper to copper organisations, individuals made a in violation of the provisions 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. A fine of 30,000,000 50,000,000 copper to copper for the Organization, individuals made a in violation of the provisions 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 50,000,000 80,000,000 contract for organizations, individuals made a in violation of the provisions 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 fellow 160,000,000 80,000,000 for organizations, individuals made a in violation of the provisions 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 fellow 240,000,000 160,000,000 for organizations, individuals made a in violation of the provisions 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 to 240,000,000 320,000,000 Council for organizations, individuals made a in violation of the provisions 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.

10. Fine fellow to 320,000,000 400,000,000 Council for organizations, individuals made a in violation of the provisions 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.

11. A fine of from 500,000,000 to copper copper 400,000,000 for organizations, individuals made a in violation of the provisions in paragraph 1 of this article in case the value of the goods infringing on 500,000,000 contract.

12. folding the fines 1.2 times the levels of the fines prescribed from clause 1 to clause 11 of this but not exceed 500,000,000 contract for organizations, individuals perform one of the following behaviors for the purpose of business: a) include: design, construction, fabrication, machining, Assembly, processing product packaging, goods infringing rights to inventions, utility 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.

13. A fine from 10,000,000 VND to 90,000,000 VND for organizations, individuals with infringement rights to inventions, utility solutions, designed the layouts prescribed in clause 1 and clause 12 this in no case to determine the value of the goods violate.

14. A fine from 10,000,000 20,000,000 for copper to copper organisations, individual product advertising acts infringing rights to inventions, utility solutions, layout design, or the product is produced from the process violated rights to inventions, utility solutions.

15. additional sanctions: a) confiscated exhibits, means of administrative violations to defined behavior from clause 1 to clause 14 of this;

b) suspension of production, commodity trading offense to three months for the prescribed behavior from clause 1 to clause 14 of this Article.

16. remedial measures: a) the Forced removal of offending elements, forced the destruction of the offending element, forcing the destruction of goods, exhibits, the media breached remove offending elements with regard to violations of the rules from clause 1 to clause 14 of this;

b) Forced distribution or put into service does not aim to trade goods in violation for violations of regulations from clause 1 to clause 13 in this;

c) Forcibly taken out of the territory of Vietnam for goods in transit or forced to re-export goods imported after the violations removed offending elements on the goods with respect to violations of the rules from clause 1 to clause 13 in this;

d) withdrawal of the State budget the amount of profit made by the illegal infringement which have for the breach of regulations from clause 1 to clause 14 of this Article.

Article 11. Violating rights to trademarks, geographical indications, trade names, industrial designs 1. Caution or a fine from 5,000,000 to copper copper 3,000,000 for organizations and individuals, do one of the following behaviors for the purpose of trading in the case of the value of goods and services infringing to 5,000,000 đồng.

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 5,000,000 VND to 10,000,000 VND for the Organization, individuals made a in violation of the provisions in paragraph 1 of this article in case the value of goods and services infringing from 5,000,000 VND to 10,000,000.

3. A fine from 10,000,000 20,000,000 for copper to copper organisations, individuals made a in violation of the provisions 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.

4. A fine of 20,000,000 40,000,000 for copper to copper organisations, individuals made a in violation of the provisions 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

5. Fine fellow to fellow 70,000,000 40,000,000 for organizations, individuals made a in violation of the provisions 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

6. Fine fellow to 70,000,000 100,000,000 contract for organizations, individuals made a in violation of the provisions 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.

7. Fine fellow to 100,000,000 200,000,000 Council for organizations, individuals made a in violation of the provisions 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

8. Fine fellow to 300,000,000 200,000,000 Council for organizations, individuals made a in violation of the provisions 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.

9. Fine fellow to 300,000,000 400,000,000 Council for organizations, individuals made a in violation of the provisions 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

10. A fine of from 500,000,000 to copper copper 400,000,000 for organizations, individuals made a in violation of the provisions in paragraph 1 of this article in case the value of goods and services infringing on 400,000,000.

11. folding the fines 1.2 times the levels of the fines prescribed from clause 1 to clause 10 this but not to exceed 500,000,000 contract for organizations, individuals perform one of the following behaviors: a) include: design, fabrication, machining, Assembly, processing, packaging of goods bearing the sign violated rights to trademarks , trade names, geographical indications, industrial designs;

b) Attached including: print, paste, attach, casting, stamping or by other forms of postage stamps, labels, other items bearing the sign violated rights to trademarks, geographical indications, trade name 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.

12. A fine from 10,000,000 VND to 90,000,000 VND for infringement rights to geographical indications, marks, trade names, industrial designs specified in clause 1 and clause 11 this in no case to determine the value of goods and services.

13. A fine from 10,000,000 20,000,000 for copper to copper use signs violate rights to trademarks, geographical indications, trade names, industrial designs in ads or signs that business transaction on paper, packaging, signs, means business media services, the media, advertising.

14. additional sanctions: a) confiscated exhibits, the media in violation for violations of regulations from clause 1 to clause 13 in this;

b) suspending cargo operations, services, including e-commerce operations to three months for regulatory violations from clause 1 to clause 13 of this.

15. remedial measures: a) the Forced removal of offending elements; forced destruction of the offending element, forcing the destruction of infringing goods not removed offending elements for regulating behavior from clause 1 to clause 13 in this;

b) Forced distribution or put into service does not aim to trade goods, violations for violations of regulations from clause 1 to clause 12 of this;

c) Forcibly taken out of the territory of Vietnam for goods in transit or forced to re-export goods imported after the violations removed offending elements on the goods with respect to violations of the rules from clause 1 to clause 12 of this;

d) forced the removal of information on goods and services infringing on media advertising, website or alter, revoke the business name, the name of the domain that contains the elements of the violation for the acts specified in clause 13 in this;

DD) withdrawal of the State budget the amount of profit made by the illegal infringement which have for the breach of regulations from clause 1 to clause 13 of this.

Article 12. The production, import, trafficking, transporting, storing to sell fake goods, trademarks, geographical indications 1. Caution or a fine of 4,000,000 copper to copper 8,000,000 for organizations, individuals perform 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 15,000,000 Board for organizations, individuals made a in violation of the provisions 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. A fine fellow to 15,000,000 30,000,000 from Council for organizations, individuals made a in violation of the provisions 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. A fine of 30,000,000 VND to 60,000,000 Council for organizations and individuals who made one of the violations of the provisions of 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 100,000,000 đồng 60,000,000 for organizations, individuals made a in violation of the provisions 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 100,000,000 150,000,000 VND for the Organization, individuals made a in violation of the provisions 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 300,000,000 150,000,000 VND for the Organization, individuals made a in violation of the provisions 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 300,000,000 450,000,000 Council for organizations, individuals made a in violation of the provisions 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. Fines of from 500,000,000 to copper copper 450,000,000 for organizations, individuals made a in violation of the provisions in paragraph 1 of this article in case the value of the goods infringing on 300,000,000.

10. Fine of 1.5 times the level of folding the fines prescribed from clause 1 to clause 9 this but not to exceed 500,000,000 contract for organizations, individuals perform one of the following behaviors: a) of production including: manufacturing, machining, Assembly, processing, branded packaging, geographical indication forge;

b) Attached including: 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 90,000,000 VND for the acts specified in clause 1 and clause 10 in this case does not determine the value of the goods violate.

12. Fine fellow to 20,000,000 40,000,000 Council for unauthorized use of counterfeit marks are trademarks, geographical indications of other people are covered in advertising or signs that business transaction on paper, packaging, signs, business media, the media service means of advertising.

13. additional sanctions: a) confiscated exhibits, the media breached prescribed behavior for from clause 1 to clause 12 of this;

b) suspending cargo operations, services, including e-commerce activities from three months to six months for the prescribed behavior from clause 1 to clause 12 of this Article.

14. the remedial measures: a) the Forced removal of offending elements; forced destruction of the offending elements; forced destruction of infringing goods not removed offending elements with regard to violations of the rules from clause 1 to clause 12 of this;

b) Forced distribution or put into service does not aim to trade goods in violation for violations of regulations from clause 1 to clause 11 of this;

c) Forcibly taken out of the territory of Vietnam for goods in transit or goods for re-export forced the fake trademarks, geographical indications, raw materials, materials, imported vehicles are mainly used to manufacture fake merchandise trademark, geographical indication after the offending elements removed for violations of regulations from paragraph 1 to the clause 11 this;

d) forced the removal of information on goods and services infringing on media advertising, website; forced to change, revoke the business name, the name of the domain that contains the elements of the violation for the acts specified in clause 12 of this;

DD) withdrawal of the State budget the amount of profit made by the illegal infringement which have for the breach of regulations from clause 1 to clause 12 of this Article.

Article 13. The production, import, trafficking, transporting, storing to sell stamps, labels, branded items, geographical indications fake 1. A fine from 10,000,000 50,000,000 copper to copper for the Organization, individuals perform one of the following behaviors: 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 copper to copper 70,000,000 20,000,000 for organizations and individuals, do 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.

3. additional sanctions: a) confiscated exhibits, means of offense for the acts specified in clause 1 and clause 2 of this Thing;

b) suspending cargo operations, service to six months for the acts specified in clause 1 and clause 2 of this Thing.

4. remedial measures: a) the Forced removal of offending elements; forced destruction of the stamps, labels, branded items, geographical indications fake for violations of the provisions of paragraph 1 and paragraph 2 of this Article;

b) withdrawal of the State budget the amount of profit made by the illegal infringement that has for the acts specified in clause 1 and clause 2 of this Thing;

Article 14. Unfair competition in the field of industrial property 1. Fine of 2,000,000 to 4,000,000 copper copper from the Organization, individuals perform one of the following behaviors in case the value of the goods or services to violate the same 5,000,000: a) Sale; transport, including transit; possession for sale of goods and services that are tied to commercial indications include: marks, trade names, logotypes, business slogan, geographical indications, designs the packaging of the goods, the tangle of 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) order, assigning, hire others to perform acts specified in point a of this paragraph.

2.8,000,000 4,000,000 VND to fine copper for organizations, individuals made a in violation of the provisions 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.

3. Fine fellow to 8,000,000 15,000,000 VND for the Organization, individuals made a in violation of the provisions 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.

4. A fine of 15,000,000 30,000,000 for the copper to copper organisations, individuals made a in violation of the provisions 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

5. A fine of 30,000,000 50,000,000 copper to copper for the Organization, individuals made a in violation of the provisions 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

6. Fine fellow to 50,000,000 70,000,000 Council for organizations, individuals made a in violation of the provisions in paragraph 1 of this article in case the value of goods and services infringing on 70,000,000.

7. folding the fines 1.2 times the levels of the fines prescribed from clause 1 to clause 6 this but not too 70,000,000 Council for organizations, individuals with one of the following behaviors: a commercial Guide) includes: trademarks, trade names, logotypes, business slogan, geographical indications , which designs the packaging of goods, tangle up causes 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) 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 at points a, b of this paragraph.

8. Fine from 10,000,000 50,000,000 copper to copper for the behavior using confusing trade instructions prescribed in clause 1 and clause 7 this in no case to determine the value of goods and services.

9. Fines of from 10,000,000 VND to 30,000,000 VND for organizations, individuals with one of the following behaviors: a) infringing rights to trade secrets;

b) ads, used on paper transactions, business media, including service vehicles, signs, packaging trade leads only to cause confusion on the subject of business, business operations, commercial origin of goods or services or of origin, production, quality, features , the number or other characteristics of the goods, services or on conditions provided goods, services.

10. A fine from 5,000,000 to 20,000,000 Council Council for organizations, individuals perform 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 name , takes 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.

11. additional sanctions: a) confiscated exhibits, the media breached prescribed behavior for from clause 1 to clause 10 of this;

b) suspending cargo operations, services, including e-commerce activities to six months for the prescribed behavior from clause 1 to clause 10 of this.

12. remedial measures:


a) Forced to remove offending elements; forced destruction of the offending elements; forced destruction of infringing goods not removed offending elements with regard to violations of the rules from clause 1 to clause 10 of this;

b) Forced distribution or brought into use for commercial purposes not for violations of the regulations from clause 1 to clause 10 of this;

c) forced the removal of information on goods and services infringing on media advertising, website; forced to change, revoke the business name, the name of the domain that contains the elements of the violation for the acts specified in clause 9 and clause 10 of this;

d) withdrawal of the State budget the amount of profit made by the illegal infringement which have for the breach of regulations from clause 1 to clause 10 of this.

Chapter III the JURISDICTION of ADMINISTRATIVE SANCTIONS article 15. Jurisdiction to handle violation 1. Inspection Agency science and technology has the authority to handle violations of the provisions of chapter II of this Decree, except the violation occurs in transit operations, imported goods.

2. The inspection bodies of information and communications has authority to handle violations of the provisions of article 9 and the violations stipulated in art. 10 article 14 of this Protocol.

3. The governing body authorized market handle violations of the provisions of articles 6, 9 and the infringement provisions in articles 11, 12 and 13 of this Decree in trade activities, transport of goods in the domestic market.

4. the customs authority competent to handle violations of the provisions of articles 6 and 9 and violations specified in section 2 of chapter II of this Decree in the transit operations, imported goods.

5. The police have the authority to handle violations of the provisions of article 9 and the infringement provisions in articles 12 and 13 of this Decree.

6. competition authority competent to handle violations of the provisions of article 15 of this Decree.

7. the people's committees of provincial level, district level competent handling of violations in the field of industrial property occurs locally according to the rules determining the jurisdiction specified in article 42 Ordinance on 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) confiscated exhibits, means of administrative violations worth up to 2,000,000;

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

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

b) a fine of up to 30,000,000 VND;

c) confiscated exhibits, means of administrative violations;

d) Deprived the right to use the term professional services of industrial property agent;

DD) suspended until three months of operations, goods infringing services;

e) apply remedial measures prescribed in points a, b, d, e, f, g and h of 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 up to 500,000,000;

c) Deprived the right to use has a time limit or expiry of certificate services practice industrial property agent, appraiser, appraisal organization certificate of industrial property;

d) suspended until the six-month operations of the goods or services in violation of;

DD) confiscated exhibits, means of administrative violations;

e) apply remedial measures prescribed in points a, b, d, e, f, g and h of 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) confiscated exhibits, means of administrative violations worth up to 2,000,000;

c) 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 communications has the right: a) caution;

b) a fine of up to 30,000,000 VND;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

DD) suspended until three months of operations, goods infringing services;

e) 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 70,000,000;

c) suspended until the six-month operations of the goods or services in violation of;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

DD) confiscated exhibits, means of administrative violations;

e) 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 5,000,000;

c) confiscated exhibits, means of administrative violations worth up to 30,000,000 VND;

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

2. Bureau Chief market management Bureau has the right to: a) caution;

b) a fine of up to 20,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

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

b) fines to 70,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

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

b) fines up to 5,000,000 đồng.

2. the 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 anti-smuggling and control Sea control sea captain in the anti-smuggling Bureau of investigation Of the Bureau of Customs has the right to : a) caution;

b) a fine of up to 20,000,000;

c) Deprived the right to use the license in the jurisdiction under the provisions of the law;

d) confiscated exhibits, the means used to administrative violations.

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

b) fines to 70,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

Article 20. The jurisdiction of the people's public security sanctions 1. Police districts, the Chief of the police criminal investigation about order and economic management, immigration station chief Station, export processing zones have the right: a) caution;

b) a fine of up to 10,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

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

b) a fine of up to 30,000,000 VND;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

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

b) fines up to 500,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license in the jurisdiction under the provisions of the law;

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

Article 21. The authority sanction of the Chief management of competition 1. Caution;

2. A fine to 70,000,000.

3. the confiscated exhibits, means of administrative violations.

4. Strip the right to use the license in the jurisdiction under the provisions of the law.

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

Article 22. 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 30,000,000 VND.

c) confiscated exhibits, the means used to administrative violations in the field of industrial property;

d) Stripped the right to use the license, certificate of practice under the provisions of the law;

DD) apply remedial measures prescribed in points a, 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 up to 500,000,000;

c) confiscated exhibits, means of administrative violations;

d) Stripped the right to use the license, certificate of practice under the provisions of the law;

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

Article 23. Authority to adopt preventive measures and ensure the sanction


1. district-level police Chief, head of police criminal investigations of order and economic management, immigration Station Chief Station, Customs Chief, Captain of the control in the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs , Captain of market management, Chief Inspector of the Department of science and technology, the Chief Inspector of the Ministry of science and technology has the power to temporarily keep the exhibits, the media in the field of industrial property under the conditions specified in paragraph 1 to article 215 intellectual Law and procedure prescribed in article 46 Ordinance on handling administrative violations.

2. district-level police Chief, head of police criminal investigations of order and economic management, immigration Station Chief Station, Customs Chief, Captain of the control in the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs , Captain of market management, soldiers of the people's police, market inspectors, inspectors of specialized science and technology are on duty have the right to visit the means of transport, objects when there is evidence that the means of transport, the object that hiding exhibits administrative violations in the field of industrial property under the conditions specified in paragraph 1 to article 215 Intellectual property law and the procedure specified in article 48 Ordinance on handling administrative violations.

3. district-level police Chief, head of police criminal investigations of order and economic management, immigration Station Chief Station, Customs Chief, Captain of the control in the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs , The captain of the market management have the right to decide the custody of people, who according to administrative procedures, visit places of hiding evidence and means of administrative violations in the field of industrial property under the conditions specified in paragraph 1 to article 215 intellectual Law and regulatory procedures in articles 45 , 47 and 49 Ordinance handling administrative violations, article 17 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.

Chapter IV PROCEDURE for HANDLING of breach of article 24. 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 behaviour conditioning specified in article 130 of the law on intellectual property, organizations, individuals referred to 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 25. Authorization requests processed in violation 1. The subject of industrial property rights stipulated in clause 1 article 24 of this decree if not directly petition handling violations can authorize heads of representative offices, affiliates, agents or service organization industrial property agent 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 proxy text file the enclosed petition to handle violation must be original, signed by the legal representative of the party authority and seal of the authorized party, if legally registered seal or certified by notary, consulates, local government or other form is considered legal under the provisions of the laws in place to establish a power of attorney. Authorized to do text in a foreign language must be accompanied by Vietnamese translations certified by notary, consulates, local authorities or have committed and endorsed the Organization's representative service of industrial property as receiving party authorized. Case of authorized text copy has only led to the original authorized text submitted in the previous record for the same violation processing agency shall also be considered valid, provided that the original text is still in effect authorized and properly authorized content.

4. the authorization is valid for the procedure established under the provisions of article 107 intellectual Law clearly authorized content including procedures, enforcement of industrial property rights protection in Vietnam shall also have legal value in the request handling procedures violated under the provisions of this Decree.

5. conditions make authorization, rights, obligations and other issues related to the work of the representative according to the authorization, the authorization's validity or authorized replacement follow the text content authorized and regulated by the civil code.

Article 26. 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 27. 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 ten 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 thirty 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 the State Agency on industrial property or referendum industrial property assessment to clarify the details of the incident;

d) within a period of thirty 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 the violation within ten days from the date fixed in the notice be of competent people are accepting the service infringed on or set the minutes of administrative violations. Where there is good reason, parties were asked to handle may recommend in writing with the competent people are accepting the stretching of time on but not more than thirty days from the day of notice or the date set the minutes of administrative violations;


b) Parties were asked to handle can authorize other individuals, organized according to the provisions of article 25 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 intellectual 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 28. Provide evidence, identifying information 1. The request processor breach 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 violation provided 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 the State Agency on industrial property provides expertise or referendum industrial property assessment to determine the scope of protection and determine the elements of the violation.

4. Organize the assessment, the assessor of industrial property give the text the conclusion of legal responsibility on objectivity, integrity and legality of reviews, its conclusion stated in the text of the conclusion. Competent person can breach processing 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 the conclusion violation and decided to handle its infringement.

5. The authorities competent to handle violation can provide information on the place of production, consumption, the channel provides a fake, 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 29. 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 intellectual property law;

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 a period of fifteen days from the date of the text explanation, commitment of the subject of industrial property rights or written reply of the State administration of 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 resolution and remedies stops the processing of the case.

Article 30. Reject, stop processing the violation 1. The Agency handled in violation to refuse to handle 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 article 27 of this Decree;

c) Off time sanctioning administrative violations as stipulated in item 1 article 10 Ordinances 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 intellectual property law or Government sanctioned 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 to resolve the Agency's jurisdiction under the provisions of paragraph 1 Article 28 of this Decree;

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

c) the parties negotiate to resolve the incident as defined in clause 2 of this Decree 29.

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 b of this clause 2.

Article 31. 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 of fifteen days for the Agency reply to requests received;

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 32. Apply preventive measures and ensure the administrative sanctions 1. Who has the authority to sanction the decision to apply preventive measures and ensure the sanction in the following cases: a) violation risks causing serious damage to consumers or society; exhibits breach risk initiating concur;

b) Organization, individual violation is evading responsibility for violations;

c) guaranteed the ability to enforce the Organization's sanctions decision, individual violation.


2. The applicant is asked to handle violation can suggest authority sanctions apply preventive measures and ensure the sanctions when see appear the situations specified in paragraph 1 of this article.

3. measures to prevent and sanction secured administrative violations in the field of industrial property includes: the custody; the custody of goods, exhibits, the media breached; visit; visit the transport vehicles, objects, where hiding goods, exhibits, means of offense.

4. the decision-making authority to apply preventive measures and ensure the sanctions incurred liability, including liability for damages, personal being applied in the case of application of preventive measures is not properly defined cause for the Organization, that individual.

Article 33. Administrative sanction procedures 1. When detecting violations, who has the authority to order sanctions immediately to suspend the violation, explain for the Organization, individuals violating the provisions on sanctioning administrative violations in the field of industrial property, the provisions of the law on industrial property and the relevant organisation personal, strictly the provisions of the law.

2. where there are fully grounded and clear evidence allows for applying the sanctions warning, the sanctioning authority need not establish a breach and the decision to sanction right in the place where the violation occurred, the sanctions warning must be decided in writing.

3. in case of violations of the right to apply shape, except where applicable by simple procedure, the authorized person is on duty to establish the administrative infringement thereon comply with the provisions of article 55 Ordinance on handling administrative violations. Who founded thereon must create conditions to organizations, individual violations presented comments on the violations.

4. The decision to sanction and sanction decision content must comply with the provisions of article 56 Ordinance on handling administrative violations. The decision to sanction must submit to the Organization, individuals sanctioned within three days from the day the decision to sanction.

5. where the decision to sanction includes additional sanctions led to the conduct of procedures to establish, modify, suspend, terminate, cancel the protection degree of validity, certificates of registration of industrial property rights transfer, card services practice industrial property agent or appraiser of industrial property , the certificate of qualified inspection organization then decide sanctions must send to the Inspector of the Ministry of science and technology, intellectual property Bureau to coordinate follow-up and implementation.

6. where the decision to sanction includes additional sanctions or remedial measures resulted should conduct the procedure deprived the right to use, revoke, suspend, cancel or amend the certificate of business registration, domain name registration, trademark then decided to sanction must submit to the State Management Agency related organizations, to perform.

Article 34. Enforcement of punishment decisions 1. The enforcement of punishment decisions and coercive enforcement of administrative sanction decisions are made according to the provisions of articles 66, 66a, 67, 68 and 69 Ordinance on handling administrative violations.

2. business administration, agency, organization, domain management, the advertisements are responsible for implementation of the requirements stated in the administrative sanction decision of forced termination of the violation; remove offending elements; term suspension of business activities, including e-commerce activities relating to goods and services infringing; forced to remove offending elements on the advertising media; forced removal of information on goods and services infringing on the website; change or revoke the business name, name of the domain that contains the elements of the violation.

3. Credit institutions have the responsibility to make the currency switch, fine fine, forfeit reimbursement pursuant to the decision of the case processing authority sanctioned under the provisions of the Ordinance on handling administrative violations and this Decree.

Article 35. 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 three months 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 ninety 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 according to the provisions in articles 118, 119 and 121 Ordinance on handling administrative violations and provisions of law complaints, accusations.

Article 36. Handling of exhibits, the media breached 1. Exhibits, means of violation dealt with the following measures: a) Forced removal, destruction of the offending elements;

b) forcing the offending elements removed and taken out of Vietnam territory for transit of goods infringing; required for re-export goods imported in violation;

c) Forced distribution or brought into use for non-commercial purposes in compliance with conditions specified in paragraph 2 of this Article;

d) measures by the handling of the parties agreement and the proposal is not contrary to the provisions of intellectual property Law, does not affect the rights of a third party, the consumer society and are authorized to accept sanctions;

DD) forced the destruction of exhibits, means of infringing goods, if not remove the offending element.

2. the conditions of application of the measures forced distribution or put into use not for commercial purposes: a) the goods, valuable items to use and not the parts, parts, products, details of the stamps, labels, other items bearing the offending elements;

b) offending elements had been removed;

c) the distribution, use, not for commercial purposes, including the priority humanitarian, charitable or social interests;

d) Who distribute, receptive to the use of the goods is not the prospect of the subject of industrial property rights.

3. adopt measures forcing the destruction when one of the following conditions: a) products, goods, stamps, labels, other items, exhibits, the media breached cannot remove offending elements;

b) merchandise not worth to use, be harmful to human health, animals, plants.

4. Rules on the conditions to apply measures to handle the exhibits in the clause 1, 2 and 3 of this article also apply to feedstocks, material, vehicles are mainly used for the production of commodity trading violations.

5. Who has the authority to decide sanctions and clearly in the decision to sanction measures for handling of exhibits, the media in violation and must be conducted within a period not to exceed thirty days from the date of signing the sanctioning decision.

The Organization, the individual administrative violations are responsible for implementing measures to handle the exhibits, the media violated the provisions in clause 1 of this article. If the Organization, individuals violating involuntarily made the application of coercive measures. Organizations and individuals violating must bear all costs for the application of coercive measures.

The handling of exhibits, the media breached must be done under the supervision of the competent authority representative to handle the offense. The subject of industrial property rights, the authorized representative of the subject of industrial property rights can recommend fining authority allows participants, witnesses, support the handling of exhibits, means of offense.

Article 37. Procedures for confiscating and handling of goods, exhibits, the media breached seized 1. The case of exhibits, the media is fake goods, infringement of trademarks, geographical indications; materials, the media is mainly used to produce counterfeit goods business, trademark, geographical indication; the stamps, labels, packaging, other items containing the offending elements; materials, the media are mainly used for the production, trading stamps, labels, packaging, materials and products contained the offending elements; papers, documents were corrected, erased or tampered with, the authority conducting the procedure of sanctions the custody of goods, exhibits, means of offense and apply sanctions.

The case goods, exhibits, the media breached is goods, means bulky, hard to transport perishable detention measures shall apply in the form of sealed and delivered to the Organization, individuals violating the preserved, pending the decision of the authority sanction.

2. Sanctions and measures for the handling of goods, exhibits, the media breached seized by people with the authority to sanction the decision and clearly in sanction decisions comply with the following provisions: a) the case can remove the offending element, the authority sanctioning the organization remove offending elements removed from the goods , exhibits, means to auction or distribute or brought into use for the purpose of non-commercial conditions don't affect its ability to exploit the rights of the subject of industrial property rights, priorities for humanitarian purposes, charitable and social welfare;


b) cases could not remove offending elements from goods, exhibits, or vehicles not eligible for applying the measures provided for in point a of this paragraph, the authority sanctioned the destruction of public organizations under the provisions of article 61 Ordinance on handling administrative violations.

3. The handling of exhibits, the media breached seized must be conducted within a period not exceeding ninety days from the date of signing the decision to sanction. Who has the authority to sanction is responsible to notify the Organization, individuals asked to handle violation of said measures, time, place of processing of the goods, exhibits, means of offense.

The subject of industrial property rights, the authorized representative of the subject of industrial property rights have the right to participate in, and responsible monitoring authorities support the handling of goods, exhibits, the media breached seized.

Chapter V ENFORCEMENT PROVISIONS Article 38. Transitional provisions for administrative violations of industrial property are accepting from intellectual Law amending and supplementing some articles of the law on intellectual force but before the date the Decree take effect then processed according to the provisions of Decree No. 106/2006/ND-CP of September 22, 2006 the Government of sanctioning administrative violations on industrial property.

Cases of administrative violations of industrial property not yet handle that this Decree stipulates penalties, remedial measures much lighter then the provisions of this Decree.

Article 39. Effect 1. The Decree has effect from 9 November 2010 and replacing Decree No. 106/2006/ND-CP of September 22, 2006 the Government of sanctioning administrative violations of industrial property.

2. The Ministry of science and technology is responsible for guiding the determination of violation of applicable procedures, recovery measures on the State budget the amount of illegal profits made by the administrative violations that have and other content related to the enforcement of this Decree; collecting, storing, processing information statistics violates the law of industrial property, establishes and manages the database, the electronic information network on enforcement of industrial property rights by administrative measures.

3. 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.