Decree sanctioning administrative violations of industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on intellectual property on November 29, 2005;
Basing the Ordinance handling administrative violations July 7, 2002;
Considering the recommendation of the Minister of science and technology, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the administrative violations of industrial property, the form, the fine, competence and procedure sanctions and remedial measures.
2. The administrative violations of industrial property under the provisions of this Decree include: a) The violations of the provisions of the law on the management of industrial property;
b) The infringement of the industrial property rights provided for in paragraph 1 to article 211 of the law on intellectual property, including: implementation of infringement of industrial property rights to harm consumers or for society; do not terminate the infringement of industrial property rights though was the subject of industrial property rights notice in writing requesting the termination of the Act; manufacturing, importing, transporting, trafficking in counterfeit goods of industrial property under the provisions of article 213 of the intellectual property Law or delegated to others made this behavior; the manufacture, import, transport, traders bearing a trademark or geographical indication identical or similar to the point of confusion with trademarks, geographical indications are protected or delegated to others made this behavior.
3. Personal, domestic and foreign organisations make violations of specific provisions in chapter II of this Decree within the territory of the Socialist Republic of Vietnam, the sanctioned administrative offense under the provisions of this Decree. The case of the international treaties to which Vietnam is a member have other regulations shall apply as specified in international treaties.
Article 2. Sanction guidelines 1. Personally, the organization sanctioned administrative violations of industrial property when there are violations of the provisions of chapter II of this Decree.
2. Any administrative violations when discovered are timeliness suspended immediately. The sanctioning of administrative violations must be conducted justly, promptly, thoroughly; any consequences due to administrative violations must be fixed under the provisions of the law.
3. The sanctioning administrative violations of industrial property right by the competent person specified in article 18 of this Decree shall proceed in accordance with the provisions of the law on sanctioning of administrative violations.
4. A violation is only sanctioned once; a man who made many violations then sentenced each of the acts; many people make the same violations, then each violation are sanctioned.
5. The sanctioning administrative violations must be based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravating to decide the form and the level of sanctions and appropriate disposal measures under the provisions of this Decree.
6. Not sanctioning administrative violations in the case for the urgent situation, unexpected events or for individuals violating while psychiatric or other diseases do lose cognitive ability or the ability to control his behavior.
7. in case of an individual, the organization performs at a variety of violations, including violations of industrial property, the jurisdiction to sanction is determined according to the principles specified in paragraph 3 Article 42 of the Ordinance on handling administrative violations.
8. in case when found violations of criminal signs, then the competent person specified in article 18 of this Decree to transfer records to the body conducting the criminal proceedings at the same level.
Prohibition to apply sanctions against administrative violations with criminal signs acts of industrial property.
Article 3. Sanctions and remedial measures 1. The main sanctions: for each violation, the individual, the organization suffered a violation of two sanctions is warned or fined.
2. Caution: applicable to cases of inadvertent offending; small violations, and there are extenuating circumstances or for all administrative violations by minors from age 14 to age 16 under full implementation.
3. Fines: based on the nature and extent of the violation, the person has the authority to decide on fines in the penalty provisions have been framed.
For administrative violations of industrial property, level specific fines for a violation is the average of the frame of penalties are prescribed for behavior that in case no extenuating or aggravating. The average of the frame of the fine is determined by dividing the total number of double the minimum level and maximum level.
Violations have extenuating circumstances, the level of the fine may be reduced but not be reduced below the minimum level of fines was prescribed.
Violations have the aggravation of penalties may increase, but not rising above the maximum level of fines was prescribed.
4. additional sanctions: depending on the nature and extent of the violation, the individual, the Organization of violations can be applied one or the additional sanctions: a) confiscated exhibits, means of administrative violations; confiscated fake brand goods, fake directions, raw materials, materials, vehicles are mainly used to produce counterfeit goods business, trademark, geographical indications fake;
b) confiscated the degree of protection, documents proving ownership of the industry being corrected, erased;
c) seized papers, documents were corrected, erased or tampered with;
d) Deprived the right to use has a time limit or expiry of certificate services practice industrial property agent;
DD) Stripped the right to use has a time limit or expiry of card appraiser.
e) suspend business activity duration product, service breaks.
5. Apply remedial measures: in addition to the sanctions, additional sanctions mentioned above, individual, organization, administrative violations may also be forced to apply a or remedial measures: a) the Forced removal of offending elements on products, goods , means business;
b) Forcing the destruction or delivery or put into use not intended for goods trade fake trademarks, fake directions, raw materials, materials, and media are mainly used to produce counterfeit goods business, trademark, geographical indications fake with the condition does not affect the ability to harness the power of the subject of ownership industry;
c) forced the destruction of infringing goods is harmful to human health, animals, plants and the environment;
d) Forcibly taken out of Vietnam territory for transit goods infringing industrial property rights or forced the re-export of goods infringing goods, fake trademarks, fake directions, facilities, raw materials, imported materials are mainly used to produce counterfeit goods business, trademarks , fake geographical indication after you have removed the offending elements on the goods;
DD) additional Binding instructions for the protection of industrial property rights;
e) forced a public dispute over the mass media for the wrong indications acts on industrial property rights;
g) Forced recovery of exhibits, means gone.
Article 4. The extenuating circumstances, heavy 1. Extenuating circumstances include: a) the violation has taken measures to prevent, remedy or limit the harmful effects of violations or have voluntary remedial, compensation for damage;

b administrative infringement) people have voluntarily declare, honest remorse;
c) breach in a State of agitated about the spirit due to unlawful acts of others;
d) violations due to forced or being physically or mentally;
DD) The breach is pregnant women, the elderly, people who have the disease or disability-aware capacity negated or ability to control his behavior;
e) violate because of the particularly difficult circumstances that do not by themselves cause;
g) violation by not understanding industrial property;
h) made of violations from the relations of contract orders, which do not know there is violation.
2. Aggravation include: a) the organized breach;
b) made numerous violations or re breach of industrial property;
c) instigating, enticing a minor infringement, forcing people with dependencies on physical, mental violations;
d) taking advantage of position and powers to violate;
DD) taking advantage of the circumstances of the war, the plight of disaster or other special difficulties of society to the violation;
e) violation in time are penalty of criminal judgment or executive decisions are handling administrative violations;
g) continue to implement administrative violations although the authority had requested the termination of the Act;
h) after the violation was behaving evade, cover administrative violations.
Article 5. Time and duration of sanctions was regarded as not yet sanctioned 1. Time sanctioning administrative violations of industrial property is two years, counting from the date the violation was done. If so then the time individuals, organizations have made violations sanctioned but still apply remedial measures specified in clause 5 of article 3 of this Decree.
2. for individuals who have been prosecuted, indicted or had decided to put the case violates the law on trial under criminal proceedings but then decided to suspend the investigation or the suspension of the case which have sign violations administrative violations were administrative sanctions; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and resume service the violation.
3. Within the time limit specified in paragraph 1, item 2 of this article, individuals, organizations make new violations of industrial property or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing. Time sanctioning administrative violations are calculated from the time of implementation of the new breach or termination acts impedes evading sanctions.
4. Individuals, organizations sanctioned administrative violations of industrial property if more than a year, since the day the accomplished executive sanction decision or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative violations of industrial property.
Chapter II the VIOLATION, and the FINE FORM of article 6. Violations of the rules of procedure for establishing, implementing and defending industrial property rights 1. A fine from 1.000.000 VND to 3 million contract for the individual, the Organization made one of the acts: corrected, erased the degree of protection and proof of industrial property rights;
2. A fine of from 5 million to 10 million dong VND for the individual, the organization acts provide information, false evidence in the case: a) expedite the procedures established, accredited, certified, modify, maintain, renew, request a suspension, cancellation of the validity 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 establishment, implementation of industrial property rights;
d) require the competent authority handling violations; request assessment of industrial property;
DD) making the request handling offence, apply the preventive measures and ensure the administrative sanctions, applied control measures goods imported with unhealthy, aim to hinder the normal functioning or cause damage to the Organization, the other individual.
3. A fine of 10 million to 15 million dong VND for individuals, organizations make fake papers behavior in the case prescribed in clause 2 of this Thing.
4. additional sanctions: seized papers, documents, the degree of protection, documents related to industrial property rights were corrected, erased or falsified for the acts specified in paragraph 1, 2 and 3 of this article.
Article 7. Violations of the regulations on the operation of the industrial property agent 1. A fine from 1.000.000 VND to 3 million dong for individuals, organizations and industrial property agent performs one of the following behaviors: a) are not full, truthful information notices, requirements of the State bodies are competent to establish, implement and protect the rights of industrial property to the party being represented; not timely delivered the degree of protection, documents of industrial property rights, for certificates and other decisions for the parties to be represented without good reason;
b) inform the competent State bodies establish, implement and protect industrial property rights the change of name, address and other information of the parties are represented.
2. A fine of 3 million VND 5 million dong to for individuals, organizations and industrial property agent performs one of the following behaviors: a) simultaneously represent the parties in dispute with each other about industrial property rights;
b) arbitrarily withdrew the petition to grant the degree of protection, the Declaration to abandon the protectorate, to withdraw the complaint or other acts performed in establishing, implementing and defending industrial property rights without permission of the authorized parties represented;
c) deceive or force the clients in the delivery of the contract and the implementation of industrial property agent;
d) Don't notice or don't notice the realistic, the level of fees related to the procedure for establishing, implementing and defending industrial property rights, the account and the services were registered in the State Agency on industrial property rights at the request of the customer or of the competent authorities;
DD) violated the obligation of confidentiality of information and documents by the customer or the competent agency, the Organization of industrial property examiner Affairs relevant to the case being resolved.
e) lend professional services industrial property representative, use the professional services of the industrial property agent in the work does not function correctly;
g) intentionally consulting, announcing incorrect about the provisions of the law on industrial property, the information industrial property activities;
h) impede the normal processes of establishing, implementing and defending industrial property rights, cause damage to the person who has the rights and interests involved.
3. A fine of 6 million to 10 million dong VND for organizations, individuals and business behavior to the service industry property agent when not yet eligible service under the provisions of the law.
4. A fine of 10 million to 15 million dong VND for individuals, organizations and industrial property agent performs one of the acts: a) to impersonate state management bodies, the State Management Agency of industrial property to perform a service activity of the industrial property agent;
b) disclose information not allowed publication of State administration authorities related to the process of receiving, assessing, handling the type of industrial property registration;

c) Who was granted the certificate of practice industrial property agent has serious violations in practice when representatives do damage to the interests of the State and society.
5. additional sanctions: a) deprived of the right to use the professional services of the industrial property agent from three months to six months for the violation of the provisions in points a, b, e, f, g and h account 2 things;
b) deprived of the right to use the term professional services of industrial property agent for the violations stipulated in points c, d paragraph 2, paragraph 4 of this Article.
Article 8. Violations of the regulations in the operation of industrial inspection 1. A fine of 10 million dong to 20 million dong from for individuals, the Organization has the function of Examiners of industrial property done one of the following behaviors: a) do not comply with the provisions of the order and procedure of evaluation; does not perform the obligations of the referendum, and the examiner's request, the organization performing inspections under the provisions of the law on inspections;
b) receive and assess in the case to reject the assessment as prescribed;
c) deliberately put out false assessment conclusions, the conclusion when not enough base or base line with the incident;
d) disclose confidential information learned when conducting inspections without permission of the parties involved.
2. additional sanctions: deprived of the right to use from 6 months to 12 months or not Card term assessor for the violations stipulated in paragraph 1 of this article.
Article 9. Violations of the regulations on directions for protection of industrial property rights 1. A fine from 1.000.000 VND to 3 million contract for the individual, the Organization made a false indications in the Act for the protection of industrial property rights in the manufacture, trade, Exchange, advertising, marketing: a) the wrong instructions (including instructions in the form of the symbol) on the subject of industrial property rights; false indications about the product, the service factor is the protection of industrial property rights; the instruction wrong or no instruction on the product, goods are made under contract to use industrial property subject; false indications about the author inventions, industrial designs;
b) false indications about the legal status of protection of industrial property for patents, industrial designs, layout design, trademarks, geographical indications.
2. remedial measures: a) the Forced removal of offending elements on products, goods, means business for the acts specified in paragraph 1 of this article;
b) Forcing a public dispute over the mass media for the violations stipulated in paragraph 1 of this article;
c) forced the destruction of goods infringing harmful to human health, animals, plants and the environment with regard to violations of the provisions of paragraph 1 of this article.
Article 10. Violations of the confidentiality obligations of test data when applying for a business license, pharmaceutical circulation, agricultural products from 7 million to 10 million dong fine copper for individuals, organizations make violations of security regulations with respect to the data in the test results for the business license , pharmaceutical circulation, agricultural chemical products.
Article 11. Acts impedes active illegal state management, inspection, checking of industrial property 1. Caution or a fine from 100,000 to 300,000 copper copper for individual organizations perform acts do not produce or present incomplete documents, information, figures for the State Agency of industrial property or to the authorized person when requested.
2. A fine from 1.000.000 VND to 2 million contract for one of the following behaviors: a) rejected the rules implementing decision, the Ombudsman requests, check;
b) does not provide, provide incomplete or false documents and data necessary for the implementation of the inspection activities, test as required by the authorized person;
c) obstruct, cause difficulties or evade the inspectors, of inspection authority.
3. A fine of 2 million to 3 million dong VND for 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 the competent person, not made the request, conclusion, the decision of the Inspector, Crew check on industrial property.
4. A fine of 2 million to 4 million dong VND for 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, tested, sealed or custody;
b) Pipe, its exhibits, vehicles are being inspected, checked.
5. remedial measures: forcing recovery of exhibits, the media were riveted pipe specified in point b of paragraph 4 of this Article.
Article 12. Infringement of rights for inventions, industrial designs, layout design 1. Caution or a fine from 1 to 2 times the value of products, commodities have detected violations are for individual, organization, do one of the following infringement for the purposes of business, damage to consumers and to society or not terminated the infringement of rights though was the owner of the right to request in the case of products products, goods worth up to 20 million breach of contract: a) manufacturing (fabrication, machining, Assembly, processing, packing) products violate rights to inventions, industrial designs, layout design;
b) apply procedures for patent rights infringement;
c) uses (used in business activities) products infringe the patent rights.
d) Selling, advertising, shipping, storing, to sell the products infringe the patent rights; products violate rights to industrial designs;
imported products) infringe the rights specified in point d of paragraph 1 of this article and the products containing layout design rights;
e) sell, lease, possession for sale, shipping, advertising, touted the design layout copy right infringement, product, merchandise containing layout design rights, layout designs or products, goods containing those objects.
2. A fine of from 2 to 3 times the value of products, commodities have detected violations are for individuals, the Organization made one of the violations of the provisions of paragraph 1 of this article in case the product, goods infringing the value from 20 million to 40 million contract on copper.
3. A fine of 3 times to 4 times the value of products, commodities have detected violations are for individuals, the Organization made one of the violations of the provisions of paragraph 1 of this article in case the product, goods infringing the value from 40 million to 60 million dong VND over 4. A fine from 4 times to 5 times the value of products, commodities have detected violations are for individuals, the Organization made one of the violations of the provisions of paragraph 1 of this article in case the product, goods worth from infringement on the 60 million đồng or higher.
5. additional sanctions: a) confiscated exhibits, means of administrative violations for violations of the provisions of paragraph 1, 2, 3 and 4 of this Article;
b) suspended operations, service products infringing three to six months for the violation of the provisions of paragraph 1, 2, 3 and 4 of this Article.
6. remedial measures: a) the Forced removal of the offending elements on products, goods, means business for the acts specified in paragraph 1, 2, 3 and 4 of this Article;

b) Forced distributions, use with non-commercial purposes or forced the destruction of poor quality goods, harmful to human health, animals, plants and the environment with regard to the infringement provisions in clause 1, 2, 3 and 4 of this Article;
c) Forcibly taken out of the territory of Vietnam or forced back the goods, the means of violation for violations of the provisions of paragraph 1, 2, 3 and 4 of this Article.
Article 13. Infringement of rights in respect of trademarks, geographical indications and trade names 1. Caution or a fine from 1 to 2 times the value of the goods was detected violations for individual, organization, do one of the following acts infringing rights to trademarks, geographical indications and trade names, causing damage to consumers or to the society; no termination rights violations though was the owner of the right to request in the case of goods infringing discovered to be worth up to 15 million VND: a) Attached (print, paste, attach, casting, stamping or by other forms) signs violate rights to trademarks, geographical indications and trade names protected up the goods merchandise packaging;
b) transfer, sell, advertise for sale, possession for sale of goods infringing rights to trademarks, geographical indications and trade names;
c) imported goods, services are essential elements for the infringement of trademarks, geographical indications and trade names;
d) using the sign on the products, packaging, goods are essential elements for the trade name infringement.
2. A fine of from 2 to 3 times the value of the goods, breach detected services for individuals, the Organization made one of the acts specified in paragraph 1 of this article in the case of goods or services in violation of value from 15 million to 30 million. Council on
3. A fine of 3 times to 4 times the value of the goods, breach detected services for individuals, the Organization made one of the acts specified in paragraph 1 of this article in the case of goods or services in violation of value from 30 million to 45 million contract on copper.
4. A fine of between 4 to 5 times the value of the goods, breach detected services for individuals, the Organization made one of the acts specified in paragraph 1 of this article in the case of goods or services in violation of value from on board 45 million or more.
5. A fine of 10 million to 15 million dong VND for mounting behavior (print, paste, attach, casting, stamping or by other forms) means business, media services, transaction documents, signs the signs violated the rights to the trademarks, trade names, geographical indications.
6. additional sanctions: a) confiscated exhibits, means of administrative violations with respect to the acts specified in paragraph 1, 2, 3, 4 and 5 of this Article;
b) suspension of business activities in the product, the service violates from one to three months for the violation of the provisions of paragraph 1, 2, 3, 4 and 5 of this paragraph.
7. remedial measures: a) the Forced removal of the offending elements on products, goods, means business for the violations stipulated in paragraph 1, 2, 3, 4 and 5 of this Article;
b) forced the destruction of infringing goods are of poor quality, causing harm to human health, animals, plants and the environment with regard to the violations of the provisions of paragraph 1, 2, 3, 4 and 5 of this Article;
c) Forcibly taken out of the territory of Vietnam or forced back the goods, the means of violation for violations of the provisions of paragraph 1, 2, 3, 4 and 5 of this paragraph.
Article 14. The behavior of production, transportation, importation, traders bearing marks, geographical indication infringement 1. Caution or a fine from 1 to 2 times the value of the goods was detected violations against individuals, the Organization made one of the acts of producing, importing, transporting, trafficking bearing a trademark or geographical indication identical or similar to the point of confusion with the mark geographical indications, protected or delegated to others made this behavior in the case of goods infringing discovered to be worth up to 20 million VND;
2. A fine of from 2 to 3 times the value of the goods was detected violations against individuals, the Organization made one of the acts specified in paragraph 1 of this article in case the offending goods valued at 20 million to 40 million contract on copper.
3. A fine of 3 times to 4 times the value of the goods was detected violations against individuals, the Organization made one of the acts specified in paragraph 1 of this article in case the offending goods valued at 40 million to 60 million contract on copper.
4. A fine of between 4 to 5 times the value of the goods was detected violations against individuals, the Organization made one of the acts specified in paragraph 1 of this article in case the offending goods valued at over 60 million đồng or higher.
5. additional sanctions: a) confiscated exhibits, means of administrative violations with regard to the violations of the provisions of paragraph 1, 2, 3 and 4 of this Article;
b) suspension of business activities in the product, the service infringe from one to three months for the violation of the provisions of paragraph 1, 2, 3 and 4 of this Article.
6. remedial measures: a) the Forced removal of offending elements on products, goods, means business for the violations stipulated in paragraph 1, 2, 3 and 4 of this Article;
b) forced the destruction of goods, articles are not worth using, does not ensure safety of use, be harmful to production, human health, fauna, environment for violation of the provisions of paragraph 1, 2, 3 and 4 of this Article;
c) Forcibly taken out of the territory of Vietnam or forced back the goods, the means of violation for violations of the provisions of paragraph 1, 2, 3 and 4 of this Article.
Article 15. The behavior of producing, importing, transporting, trafficking, possession for sale goods to fake trademarks, fake geographical indications 1. A fine from 1 to 2 times the value of the goods was detected violations for individual, organization, do one of the following acts or delegated to others made this behavior in case of fake goods, trademarks, geographical indications forgery detection are worth up to 10 million VND , including: a) manufacture, import, print, paste, attach, casting, stamping or by other forms of up products, packaging, fake brand goods, fake geographical indication;
b) transport, storage of products, goods and fake trademarks, fake geographical indication;
c) trafficking, aimed to sell advertising, selling products, fake brand goods, fake geographical indication;
2. A fine of from 2 to 3 times the value of the goods the fake trademarks, fake geographical indications discovery stipulated in paragraph 1 of this article in case of fake goods, trademarks, geographical indications forgery detection are worth from 10 million to 20 million dong VND over.
3. A fine of 3 times to 4 times the value of the goods the fake trademarks, fake geographical indications discovery stipulated in paragraph 1 of this article in case of fake goods, trademarks, geographical indications forgery detection are valued at 20 million to 30 million. Council on
4. A fine of between 4 to 5 times the value of the goods the fake trademarks, fake geographical indications discovery stipulated in paragraph 1 of this article in case of fake goods, trademarks, geographical indications forgery detection are valued on the same 30 million or more.
5. additional sanctions: a) confiscated exhibits, means of administrative violations with regard to the violations of the provisions of paragraph 1, 2, 3 and 4 of this Article;

b) suspension of business activities in the product, the service violates from one to three months for the violation of the provisions of paragraph 1, 2, 3 and 4 of this Article.
6. remedial measures: a) the Forced destruction of or distribute or use for commercial purposes not for fake goods, trademarks, geographical indications, counterfeit raw materials, materials, and media are mainly used to produce counterfeit goods business, trademarks geographical indications, spoofing the condition does not affect the ability to harness the power of the subject of industrial property rights with regard to the violations of the provisions of paragraph 1, 2, 3 and 4 of this Article;
b) forced the destruction of infringing goods is harmful to human health, animals, plants and the environment with respect to the violation of the provisions of paragraph 1, 2, 3 and 4 of this Article;
c) Forcibly taken out of Vietnam territory for transit goods infringing industrial property rights or forced the re-export of goods infringing goods, fake trademarks, fake directions, facilities, raw materials, imported materials are mainly used to produce counterfeit goods business, trademarks , fake geographical indication after you have removed the offending elements on goods for violation of the provisions of paragraph 1, 2, 3 and 4 of this Article;
Article 16. Acts of unfair competition and violation of business secrets in the field of industrial organization, individual acts of unfair competition and violation of business secrets of industrial property shall be sanctioned under provisions sanctioning administrative violations in the field of competition.
Chapter III the JURISDICTION and SANCTION PROCEDURE section 1 article 17 SANCTIONS AUTHORITY. The authority of the agency handling the offense.
Authority to apply administrative measures handling violations of the provisions of paragraph 3 to article 200 of the law on intellectual property are specified as follows: 1. Inspection Agency science and technology has the authority to handle the administrative violations of industrial property occurs in manufacturing operations , business, mining, advertising, circulation, except for acts that occurred in the export and import of goods.
2. market management agency has the authority to handle violations of industrial property occurs in the circulation of goods and commercial business on the market.
3. the customs authority competent to handle violations of industrial property occurred in the export and import of goods.
4. The police have the authority to detect, verify, collect information and evidence of violations of industrial property and give the agencies handled violated the provisions in clause 1, item 2 and item 3 of this article, and the handling of violations of industrial property;
5. the people's Committee of the provincial people's Committee at district level, competent handling of violations of industrial property occurs locally that fines, sanctions, disposal measures apply to acts that exceed the authority of the bodies specified in paragraph 1 , 2 and paragraph 3 of this Article.
Article 18. The authority sanctioning administrative violations of industrial property 1. Specialized inspectors industrial property of the Ministry of science and technology, Department of science and technology of the province, central cities are on duty have the right to apply the sanctions for violations of the provisions of chapter II of this Decree are: a) caution or impose a fine of up to 200,000;
b) confiscated exhibits, means of offense worth up to 2 million;
c) apply remedial measures specified in point a and c clause 5 of article 3 of this Decree.
2. The Chief Justice Inspector of Department of science and technology has the authority to apply sanctions for violations of the provisions of chapter II of this Decree are: a) caution or impose a fine of up to 20 million VND;
b) apply additional sanctions specified in point a, c and e of paragraph 4 of article 3 of this Decree;
c) apply remedial measures specified in point a, b, c, e, f and g of paragraph 5 of article 3 of this Decree.
3. The Chief Inspector of the Ministry of science and technology has the authority to apply the sanctions for violations of the provisions of chapter II of this Decree are: a) caution or impose a fine to a maximum of the penalty stipulated in this Decree;
b) apply additional sanctions specified in paragraph 4 of article 3 of this Decree;
c) apply remedial measures specified in clause 5 of article 3 of this Decree.
4. President of the district-level people's committees have the authority to apply the sanctions for violations of the provisions of chapter II of this Decree are: a) caution or impose a fine of up to 20 million VND;
b) apply additional sanctions specified in point a and c of paragraph 4 of article 3 of this Decree;
c) apply remedial measures specified in point a, b, c, e, f and g of paragraph 5 of article 3 of this Decree.
5. The Chairman of the provincial people's Committee has the authority to apply the sanctions violate the provisions of article 30 of the Ordinance on handling administrative violations with regard to the violations of the provisions of chapter II of this Decree are: a) caution or impose a fine to a maximum of the penalty stipulated in this Decree;
b) apply additional sanctions specified in points a, c and e of paragraph 4 of article 3 of this Decree;
c) apply remedial measures specified in clause 5 of article 3 of this Decree.
6. Captain of the control in the Bureau of customs, Bureau of Customs Chief, Chief of customs the competent provincial sanction the violation of industrial property for export activities, imports of goods according to the jurisdiction rules in paragraph 2, paragraph 3 Article 34 Ordinance handling administrative violations.
7. The captain of market management, the Director of market management Bureau, Director of market management has the right to sanction the violation of industrial property for the active circulation of the goods and the commercial business on the market under the authority provided in the item 2 , paragraph 3 and paragraph 4 Article 37 of the Ordinance on handling administrative violations.
8. The Chief of the police criminal investigation on economic management order and public safety in the province, Chief of criminal investigation police about order and economic management has the right to sanction the violation of industrial property as provided in paragraph 5 Article 7, paragraph 31 of the Ordinance on handling administrative violations.
Article 19. Principle of determining the right to sanction 1. Chairman of the provincial people's Committee, Chairman of the people's Committee at district level authority sanctioning administrative violations in the field of industrial property in the locality.
2. The Chief Inspector and inspectors specialized in science and technology of the body: Ministry of science and technology, Department of science and technology authority sanctioning administrative violations in the field of industrial property in the scope of the governance of the Ministry of science and technology and the Department of science and technology.
Cases of violations in excess of authority of the Chief Inspector of the Department of science and technology, the offending record transfer to the people's Committee Chairman granted the sanctioning administrative violations by the authority.
Section 2 article 20 SANCTIONS PROCEDURES. Receiving and reviewing petition handling violation 1. Receiving the petition handling offense: When receiving petition to handle infringement, violation processing bodies are responsible for performing the following tasks: a) determined the authority processing the violation under the provisions of article 19 of this Decree; 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 and record the list of documents and evidence attached.
2. Review of processing petition violated:

a) within ten working days from the date of receiving the full record, the agency handling the offense has a responsibility to consider the validity of the document, there is evidence in the record. The agency handling the offense can inspect yourself, verify the evidence, asked the police to check, verify the evidence as the subject of rights, proven violation or referendum examiner when necessary;
The case resumes on demand guarantees, the agency handling the implementation of prescribed procedures for handling violations of rights.
b) in the case of documents, the evidence provided by the applicant has not proved enough as a subject of rights and prove the violation, the Agency handled violated the notification request the applicant to supplement the documentation and evidence, writing the conclusion or assessment of violations within a maximum of thirty days from the date of notification.
3. The applicant is asked to handle violation may petition the competent authority specified in article 18 of this Decree apply preventive measures and ensure the sanctions under the provisions of the following: a) asked to apply preventive measures and ensure the sanction may be filed at the same time or after the filing of the petition handling violations , accompanied by the evidence as defined in point b of paragraph 2 of this Article;
b) in content required to apply measures to prevent and sanction should have secured the commitment of the person who asked about compensation responsibility due to the requirement to apply preventive measures and ensure sanctions are not the right cause for the Organization, the individual concerned;
c) bodies competent to adopt preventive measures and to ensure the sanctions are responsible for reviewing, verifying the evidence in one of the cases is to apply preventive measures provided for in paragraph 1 to article 215 of the law of intellectual property, and decided to adopt measures consistent with the provisions in paragraph 2 of the intellectual property Law 215.
In case the competent authorities adopt preventive measures and ensure the sanction decided to apply these measures did not have enough evidence to prove necessary in one of the cases is to apply preventive measures, to ensure the sanctions or measures do not match or are not in accordance with the requirements of the requesting measures which shall compensate damages caused to the Organization, the individual concerned in accordance with the law.
Article 21. Refuse disposal requirements in the following cases the agency handling offence has the right to deny the request message processing: 1. Expiry of specified in point b of paragraph 2 article 20 of this decree that the request violated the do not meet the requirements of the Agency handle additional violations interpretation the evidence as the subject of rights and prove violations.
2. Most administrative processing time for violations of intellectual property rights as defined in article 10 paragraph 1 of the Ordinance on handling administrative violations.
3. the verification results of the infringement processing authorities or the police showed no offense as described in handling infringement claim.
4. the text of the authorized agency about not enough violation processing base.
5. The applicant requests processed in violation have written notice of withdrawal requests processed in violation or written notice to the parties have reached an agreement to solve the incident by other measures.
In the case of violations related to goods production and trading fake trademarks, fake geographical indications of damage to consumers or to society, the agency handling the offence has the right to apply administrative measures to handle infringement, even though the notice above.
Article 22. Processing the petition have disputed or incorrect submission of agency jurisdiction 1. In the case of processing petition violation disputes the right subject, the possibility of protection, the scope of protection of industrial property rights, the Agency has received from the applicant's Guide application, the person has the right, the relevant benefits make the right dispute resolution requirement in the competent authorities.
2. In case of incidents under the jurisdiction of other agencies handles the receiving agency petition to handle moving violation incident records for the competent authority process.
3. In case of violation of criminal signs, the Agency accepted the petition to handle violation incident record transfer for the competent authorities to conduct investigation, prosecution of criminal.
Article 23. Coordinate handling violation 1. Require coordinated processing of violation: a) the Agency had received the petition handling are responsible for sending the violation needs handled in violation to the competent authorities concerned to coordinate requests processed in violation if one of the following cases: the same violations relating to industrial property rights but under the jurisdiction of multiple processing different bodies or the same violations occur in many areas or many different local;
b) require coordinated processing of violation must have the following major contents: summary information about the incident; Summary of the violations and the scope, the scale of violation occur locally or in the field of management of the Agency's receipt of the request; a copy of the petition to handle violations and copies of the documents, photographs of specimens; Summary of results of consideration of processing petition for violation; the recommendations should handle and fixing the time limit of fifteen days for the Agency reply to requests received;
c) receptors require coordinated processing of violation is responsible to reply within the time limit fixed, stating reasons not to proceed with processing the violation under the requirements (if any).
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, identify goods by other competent organs (if available), 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;
b) in the case of the opinion, the decision between different competent authorities about the way, measures, the level of processing, the processing bodies breach violation are responsible please report comments on the Agency's direction.
Article 24. Simplified procedures apply to the behavior of production, commodity trading fake trademarks, fake geographical indications 1. When detected and have full evidence of the production and trading of fake goods, fake brand geographical indication, the agency handling the offence has the right to decide to suspend the violation, created the record of violations without having to comply with the order, the procedure provided for in article 20 of this Decree.
In case there are full of evidence in one of the cases need to apply preventive measures, ensure the sanction prescribed in clause 1 Article 215 of the law of intellectual property, the agency handling the offence has the right to adopt appropriate measures according to the provisions in clause 2 of the intellectual property Law 215.
The Agency handles, in case of need, the request has the right to apply measures to prevent and sanction secured under the provisions of article 215 of the law of intellectual property, and article 25 of this Decree.
2. In the case of evidence of fake goods, fake brand geographical indications are not yet clear, the Agency discovered counterfeit goods have a responsibility to check, verify or request the police to verify, collect evidence of violations, referendum examiners of industrial property.
3. Coordination of handling infractions, penalizing decisions made according to the provisions of article 23 of this Decree.
Article 25. Apply measures to prevent and sanction guaranteed

1. jurisdiction to apply preventive measures and ensure the administrative sanction prescribed in clause 2 Article 215 of the law of intellectual property in the competent agency handled violated the provisions of article 18 of this Decree.
2. the authority of the competent authority to apply preventive measures and ensure the administrative sanction specified in paragraph 1 of this article has the authority to apply preventive measures and ensure the corresponding sanctions as specified in paragraph 1 to article 45, paragraph 1 to article 46, paragraph 2 Article 47 clause 2, Article 48, paragraph 2 Article 49 and article 50 clause 2 of the Ordinance on handling administrative violations.
3. The order and procedure for applying the preventive measures and ensure compliance with administrative sanctions under the provisions of chapter V of the Ordinance on handling administrative violations.
Article 26. Procedure for sanctioning of administrative violations 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. in case of violations of the right to apply this form of caution, then the authority sanction does not set the minutes that decided the sanctions now in place, this form of caution was the decision in writing.
Cases of violations of the right to apply shape, except where applicable by simple procedure, then the competent person must establish sanctions administrative infringement thereon comply with the provisions of article 55 of the Ordinance on handling administrative violations, who founded thereon must create conditions for individuals organizations have violations presented comments on the violations.
3. The decision to sanction and sanction decision content must comply with the provisions of article 56 of the Ordinance on handling administrative violations.
The decision to sanction must send to the individual, the organization sanctioned within three days from the date of signing. In the case decided to sanction include the additional penalty led to form must conduct the procedures of establishment, modification, suspension, cancellation of the effect the degree of protection, the relevant certificate then decided to sanction must send to the Inspector of the Ministry of science and technology, intellectual property Bureau to coordinate follow-up and implementation.
4. In the case of detection of violations but disputed, claims about the subject's rights, the possibility of protection, the scope of protection of industrial property rights, the Agency asked the parties concerned to resolve the dispute at the competent authorities.
Within 10 days from the date of the final conclusion of the Agency has jurisdiction to resolve the dispute, the complainant, who has the authority to sanction is responsible for conclusions about violations.
Article 27. Confiscated exhibits, means of administrative violations 1. Measures to confiscate counterfeit goods counterfeit trademarks, geographical indications, raw materials, materials, vehicles are mainly used to produce counterfeit goods business, trademark, geographical indications forgery can be applied in the following cases: a) to ensure that evidence is not being destroyed , a pipe, to change the status quo, or prevent likely to lead to subsequent violations;
b) Organization, individual violations does not have the ability, the Elimination of factors violated the rights on the goods or deliberately not implementing the requirements of the authority sanction of removing elements in violation of industrial property rights over goods, repairs or additions of signs , directions on goods, means business;
c) goods on the market, export and import rights have elements that do not identify the source of goods, shippers, producers, who brought to the market, but have enough bases to determine the goods that are not due to the subject of industrial property rights, market production.
2. Procedure of confiscated exhibits, means of administrative violations in the field of industrial property comply with the provisions of article 60 of the Ordinance on handling administrative violations.
Article 28. Handling of exhibits, means of administrative violation confiscated 1. As for counterfeit goods with trademarks, geographical indications fake, competent agencies handle apply one of the following measures: a) the seizure is not intended for distribution or commercial use is not commercial purposes pursuant to article 29 of this Decree;
b) confiscated for destruction under the provisions of article 30 of this Decree;
c) forced the removal of the offending elements and taken out of Vietnam territory for transit goods, fake trademarks, fake geographical indication; required for re-export goods imported fake trademarks, fake geographical indication.
If not applicable measures to remove offending elements shall apply as specified in point a, point b paragraph 1 of this article.
2. Raw materials, materials and media that have unique functions for producing, trading goods, provide services or actual violation only used only for that purpose shall be considered as raw materials, materials, and media are mainly used for the production of commodity trading violations.
Article 29. Forced distribution, use of non-commercial aim 1. Forced distribution or put into use not intended for goods trade violation must meet the following conditions: a valuable commodity) use;
b) elements in violation has been removed from the goods;
c) the distribution, use, not for commercial purposes, including the priority humanitarian, charitable or social interests;
d) Who are receiving, distribution to use is not the prospect of the subject right.
2. The provisions in paragraph 1 of this article also apply to feedstocks, material, vehicles are mainly used for the production of commodity trading violations.
Article 30. Forced destruction of the measures forced the destruction of infringing goods, raw materials, materials and vehicles are used primarily for the manufacture of goods infringing, applies in the case of not meeting the conditions to apply the measures forced distribution, or forcibly put to use non-trade purposes stipulated in article 29 of this Decree.
Article 31. Enforcement of punishment decisions 1. Cases in excess of 10 days from the date the organization sanctioned individuals received punishment decisions without self-awareness, the Executive authority decide coercive sanctions to enforce sanction decision.
2. The enforcement of the decision to sanction, coercion, sanction decisions enforced time limits enforced decision sanctioning administrative violations are made according to the provisions of articles 64, 65, 66, 67, 68 and 69 of the Ordinance on handling administrative violations.
Chapter IV COMPLAINTS, accusations and HANDLE breach of article 32. Complaints against the decision sanctioning administrative violations individuals, organizations or their legal representatives have the right to appeal the decision sanctioning administrative violations of industrial property of the authority specified in article 18 of this Decree. The procedure of complaints and complaints made under the provisions of article 118 and 119 of the Ordinance on handling administrative violations. The appeal decision sanctioning administrative violations do not suspend enforcement of the decision sanctioning administrative violations of industrial property.
Article 33. Handle the authority sanctioning administrative violations authority sanctioning administrative violations in the field of industrial property that violate the regulations on the administrative sanction shall be dealt with according to the provisions of article 121 of the Ordinance on handling administrative violations.

Article 34. Processed in violation of the person sanctioned violations in the field of industrial property Who sanctioned administrative violations of industrial property if there are violations in the process of deciding executive sanction or there are other violations shall be dealt with according to the provisions of article 122 of the Ordinance on handling administrative violations.
Chapter V ENFORCEMENT PROVISIONS Article 35. Transitional provisions 1. Regulations on handling of infringement of patent rights in this Decree also applied to the infringement of rights for useful solutions are protected under the provisions of the Civil Code of 1995 and Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property , amended and supplemented by Decree No. 21/2001/ND-CP DATED January 2, 2001.
2. The regulations about handling infringement rights to geographical indications in this Decree shall also apply for the infringement of rights with respect to the origin of the goods protected under the provisions of the Civil Code of 1995 and Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property , amended and supplemented by Decree No. 21/2001/ND-CP DATED January 2, 2001.
Article 36. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces Decree No. 12/1999/ND-CP of March 1999 by the Government on sanctioning administrative violations in the field of industrial property.
a) violations have been established thereon administrative violations before the Decree was issued the sanctions imposed under the provisions of Decree No. 12/1999/ND-CP b) violations have been established thereon administrative violations during this Decree has been issued , but not yet in force, then the sanction imposed under Decree No. 12/ND-CP if the level of the fines stipulated in this Decree higher Decree 12/1999/ND-CP. 3. This Decree replaces the provisions on counterfeiting related to trademarks, industrial designs, source, origin of goods in point 2.4 and 4.1 points part III circular No. 10/2000/TTLT-BTM-BTC-BVHTT on 27 April 2000 of the Ministry of Commerce, Ministry of finance, Ministry of public security, Ministry of science , Technology and the environment guidelines Directive No. 31/1999/CT-TTg dated 27 October 1999 by the Prime Minister on the fight against the production and trafficking in counterfeit goods.
Article 37. Responsibility 1. The Minister of science and technology, Minister of Commerce, Minister of public security, the Minister of Finance within its management function is responsible for regulation details, guide, organize, implement and test the enforcement of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.