Decree on sanctioning administrative violations in the field of industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;

Based on the Civil Code of 28 October 1995;

Basing the Ordinance on administrative violations processing 6 July 1995;

To enhance effective protection of industrial property rights of the individual, organization, protection of the legitimate rights and interests of consumers, contributing to the fight against the production, trafficking in counterfeiting and commercial fraud;

According to the recommendation of the Minister of science, technology and environment, the DECREE: Chapter 1: GENERAL PROVISIONS article 1. Glossary of terms in this Decree shall be understood as follows: 1. "the object of industrial property" is understood as: inventions, utility solutions, industrial designs, trademarks (including service marks), the designation of origin of the goods.

2. "industrial" is meant to be: master degree of protection, the owner of the international registration of a trademark, or the person legally transfer ownership of industry with regard to objects of industrial property is protected.

3. "the degree of protection" is understood: by patent, patent of useful solutions, industrial model patent, the certificate of trademark registration, a certificate of the right to use the appellation of origin of the goods.

4. "the element of breach" is understood as: identical or similar signs of confusion with trademarks, designations of origin of goods are protected;

Signs, violating the regulations on protection of indications industrial property rights, industrial property service;

Product parts, products or manufacturing processes of products identical to product parts, products or production processes are protected as invention, useful solutions;

Product parts, the product has the external appearance is an industrial design or contain a part or parts to create the basic shape of an industrial design is protected.

Article 2. The scope, subjects of application 1. This Decree specifies the violations, forms, procedures and authority sanctioning administrative violations in the field of protection and management of industrial property.

2. Every organization or individual acts intentionally or unintentionally violating the regulations for the protection and management of industrial property not yet to the level of prejudice to criminal liability are sanctioned according to the Ordinance on handling administrative violations and this Decree.

3. organizations, foreign individuals have administrative violations in the field of protection and management of industrial property in the territory of the Socialist Republic of Vietnam also sanctioned under this Decree except with the relevant international treaties to which Vietnam signed or otherwise.

Article 3. The principle of applying the sanctions, fines 1. For each administrative violations in the field of industrial property, organization, individual violation must be applied to one of the two main sanctions: warnings or fines.

Caution be applied to cases of inadvertent offending; small violations, and there are extenuating circumstances.

In the case of fines, fines are proportionate to the nature and extent of the violation. Violations have extenuating circumstances shall apply to the lower fines but not below the minimum level of fine frame. Violations are aggravating then apply higher fines but does not exceed the maximum level of fine frame.

2. Depending on the nature and extent of the violation, the individual, the organization also apply a violation or the additional sanctions: a) Stripped there is no time limit or time limit the right to use the business license or permit the operation of services in industrial property agent;

b) confiscated exhibits, means of administrative violations.

3. Enclose the sanctions prescribed in clause 1 and clause 2 of this article, in each specific case, the offending individual organizations can also be applied one or the following measures: a) the Forced removal of the offending elements on products, goods, means business; the main improvement required misinformation caused the violation; enforce the obligations of industrial property; additional binding instructions about industrial property;

b) Forced to destroy the articles bearing the offending element, the goods of poor quality violations are harmful to human health;

c) Tying compensation due to administrative violations caused.

The compensation due to administrative violations in the field of industrial property was conducted according to the principles of the agreement between the parties to cause damage and the damaged party. As for the physical damage due to administrative violations in the field of industrial property cause worth up to 1.000.000 VND which the parties do not settle the compensation authorized by the sanction decision, the damages worth over 1.000.000 VND if the parties do not settle, the resolution under civil proceedings.

The additional sanctions and remedies provided for in paragraphs 2, 3 this is applied in case of need to thoroughly handle infringement, eliminate the causes, conditions continue to violate and remedial due to administrative violations of industrial property.

Article 4. Time limits sanctions 1. Time sanctioning administrative violations in the field of industrial property is one year from the date of violations. For the behavior of production, trading of goods infringing on trademark, name of origin, industrial designs are protected, then the time sanctions are two years from the date of implementation of violations. If the time limit for the said organizations and individuals have made violations sanctioned, but there may be measures forced the destruction of goods, infringement of items harmful to human health.

2. for individuals made violations of the regulations for the protection of industrial property rights that are being prosecuted, indicted on charges of making false, trafficking in counterfeit goods or have decided to take the case to trial under criminal proceedings, then decided to suspend the investigation or the suspension of the case, the time limits of administrative sanction is three months from the date have decided to suspend the said.

3. If within the time limit specified in clause 1 2 of this that the Organization, individuals violating the implementation of new violations of industrial property, the sanctioned about each violation, including the time sanctions are calculated from the date of implementation of the new offense.

If within the time limit specified in clause 1 2 of this that individual organizations violate intentionally evade, obstruct the sanction, the sanction duration is calculated from the date the termination behavior personally, evade, obstruct.

Chapter 2: the VIOLATION, and the FINE FORM of article 5. Violations of the rules of Procedure establish, implement industrial property rights and procedures for operation of the service of industrial property agent 1. Warning or fined from 200,000 VND to 1.000.000 VND for organizations, individuals with one of the following behaviors: a) conducting the procedure of establishing rights, industrial property rights to evading or perform the behavior in other areas were prohibited or limited by law;

b) proceed with the procedure of establishing rights, industrial property rights for the purpose of unfair competition, monopolistic market control, a way illegal, its industrial property objects, limited or narrow the scope of protection of the industrial property rights of another person, advantage or discredit the trade of other business establishments;


c) provides false evidence, information in the procedure of complaints about the rights of industrial property.

2. A fine of 2 million to 10 million dong VND for organizations, individuals with one of the following behaviors: a) fixing, erasing, fake, protection degree certificate for the protection of industrial property rights but not to the level of prejudice criminal liability;

b) forged papers, cheating in the procedure applied, renew, modify the degree of protection, the proposal approved, sign the contract transferring the ownership of the industry, the level of voluntary non-licensed but not yet to the level of prejudice criminal liability;

c) forged papers, cheating in the procedure level, renewal of the certificate of service organization industrial property agent, representatives of industrial property but not yet to the level of prejudice to criminal responsibility.

3. additional sanctions: a) deprived of the right to use the business license from 1 to 3 months for the acts specified in paragraph 1; from 3 to 6 months for the acts specified in paragraph 2 of this Article;

b) confiscating papers, diplomas, certificates of industrial property rights protection being repaired or tampered with for the acts specified in paragraph 2 of this Article;

c) confiscated the degree of protection, the certificates were granted to organizations, individuals with the acts specified in points a, b paragraph 1 of this article.

Article 6. Violations of the regulations on directions for protection of industrial property rights 1. Warning or fine from 500,000 to 2 million dong VND for organizations, individuals with one of the following behaviors: a) the wrong instructions (including instructions in the form of the symbol) on industrial owners;

b) false instructions (including instructions in the form of the symbol) on the product, the service factor is the protection of industrial property rights;

c) use the trademarks, the name origin, industrial designs not template already registered but directed that the trademark, the name origin, industrial designs were registered for protection of industrial property rights;

d) false indications about the product being produced, the service was licensed;

e) directions wrong about author inventions, utility solutions, industrial design.

2. a warning or fine from 1.000.000 VND to 5 million VND for organizations, individuals with one of the following behaviors: a) Not stated instructions for the production of the product, perform services as licensed for the products or services are produced, performed by licensed;

b) do not write or record is not clear, the full product on the phrase "made in Vietnam" for the products manufactured in Vietnam by foreign licensed; the product is manufactured in Vietnam carrying misleading trademark deflection that the goods were of foreign or of foreign origin.

3. additional sanctions: a) deprived of the right to use the business license from 1 to 3 months for the acts stipulated in paragraphs 1, 2 of this Thing;

b) confiscated exhibits, means of administrative violations with respect to the acts stipulated in paragraphs 1, 2 of this Thing.

4. In addition to the sanctions provided for in paragraphs 1, 2 and 3 of this article, the organization or individual in violation can be applied one or the following measures: a) the Forced removal of the offending elements on products, goods, means business for the acts specified in paragraph 1 of this article;

b) additional instructions Required for the acts specified in paragraph 2 of this Article.

Article 7. Violations of the provisions on the Advisory services activity, industrial property agent 1. Warning or fine from 500,000 to 2 million dong VND for service organization industrial property agent, industrial property agent Who performs one of the following behaviors: a) the intentional advising, announcing incorrect about the provisions of industrial property legislation, information industrial property activities cause damage to people who have legitimate industrial property rights;

b) hinder the normal process of establishing, implementing industrial property rights to harm the person having legal ownership of the industry;

c) consultant, false indications of confusion, misunderstanding about the scope, functions, responsibilities of service organizations and industrial property agent, representatives of industrial property;

d) Currency of the customer and the national fees or service fees related to the procedure of establishment and protection of industrial property rights is incorrect according to the regulations;

e) deception, coercion of clients in the delivery of the service contract of the industrial property agent but not yet to the level of prejudice criminal liability;

g) represented at the same time for the parties to disputes on industrial property rights to harm the person having legal ownership of the industry;

h) lend the card, using the card in the work does not function correctly, use permits, the card is no longer valid;

I) does not provide the information required by the competent State agencies, or provide false information about the problems related to the operation of the service of industrial property agent.

2. a warning or fine from 1.000.000 VND to 5 million VND for the Organization, individuals are active implementation behavior consulting services, services of industrial property agent in establishing, implementing industrial property rights that are not granted a license to operate the services industrial property agent.

3. A fine of 2 million to 10 million dong VND for the Organization, the individual acts of repair, erasing, fake certificates of service organization industrial property agent, representatives of industrial property but not yet to the level of prejudice to criminal responsibility.

4. A fine of 5 million dong to 20 million contract for service organization industrial property agent, industrial property agent Who performs one of the following behaviors: a) to perform the work related to the industrial property activities outside the scope of the functions, duties and powers are allowed;

b) impersonation of State management bodies, the State Management Agency of industrial property to perform a service activity of the industrial property agent but not yet to the level of prejudice to criminal responsibility.

5. additional sanctions: a) deprived of the right to use the business license from 1 to 3 months for the acts specified in paragraph 2 of this Article;

b) deprived of the right to use the license to operate the services industrial property agent from 1 to 3 months for the acts specified in paragraph 1; from 3 to 6 months for the acts specified in paragraph 3 of this article;

c) Stripping operations license the right to use the services of the industrial property agent from 6 months to 1 year or without time limit in respect of the acts specified in paragraph 4 of this Article;

d) confiscated fake papers for the acts specified in paragraph 3 of this article.

6. In addition to the sanctions provided for in paragraphs 1, 2, 3, 4, and 5 of this article, the organization or individual in violation can be applied one or the following measures: a major improvement) forced false information in respect of the acts specified in points a, c paragraph 1 of this article;

b) Forcing compensation due to administrative violations perpetrated against the acts stipulated in paragraphs 1, 2 and 3 of this article.

Article 8. Violations of the regulations on industrial property obligations 1. Warning or fine from 1.000.000 VND to 5 million VND for organizations, individuals with one of the following behaviors: a) does not fulfill the obligation established contracts, sign the contract for the transfer of industrial property rights with the form, the content, the procedure according to the provisions of the law of industrial property;


b) does not fulfill the obligation of registration of trademarks for products, services in the field of regulations required to register the trademark.

2. A fine of 2 million to 10 million dong VND for the Organization, individuals use these signs misrepresent, misleading or deceptive nature of consumers about the origin, the features, uses, the quality, the value of the goods or services of the trademark.

3. a warning or fine from 500,000 to 2 million dong VND for the Organization, personal behavior does not fulfill the obligation to pay remuneration to the owner of the invention, useful solutions, industrial designs according to the decision of the competent State agencies about level licensed involuntarily.

4. additional sanctions: a) deprived of the right to use the business license from 1 to 3 months for the acts specified in paragraph 1; from 3 months to 1 year or without time limit in respect of the acts specified in paragraph 2 of this Article;

b) confiscated exhibits, means of administrative violations with respect to the acts specified in point b of paragraph 1 and paragraph 2 of this Article.

5. In addition to the sanctions provided for in paragraphs 1, 2, 3 and 4 of this article, the organization or individual in violation can be applied one or the following measures: a) enforce the obligations of industrial property for the acts specified in point a b, paragraph 1 and paragraph 3 of this article; forced to remove offending elements on goods, means business for the acts specified in paragraph 2 of this Article;

b) Forcing compensation due to administrative violations perpetrated against the acts stipulated in paragraphs 1, 2 and 3 of this article.

Article 9. Violations of the regulations for the protection of industrial property rights 1. Warning or fine of up to 20 million dong VND 5 million words for the Organization, the individual is not the owner of the industry, who have the right to use (for inventions, utility solutions, industrial designs) do one of the following behaviors to business purposes, which are not industrial owners permit or Minister of science Technology and licensing environment use (licensed involuntarily): a) manufacturing (fabrication, machining, Assembly, processing, packing) products or parts of products are protected as invention, useful solutions, industrial designs;

b) apply processes are protected as invention, useful solutions;

c) exploitation of products or parts of products are protected as invention, useful solutions;

d) Putting into circulation (transfer), ad (shown on the news media, business media, signage, other products, services, media, promotions, business transaction documents) in order to sell, offer for sale, possession for sale of products or parts of products are patent protection useful solution, or be produced according to the process that is being protected is the invention useful solutions;

e) import, export of products or parts of products are protectable as patents, utility solutions or products are produced according to the process that is being protected is the invention useful solutions;

g) Putting into circulation (transfer), ad (shown on the news media, business media, signage, other products, services, media, promotions, business transaction documents) in order to sell, offer for sale, possession for sale of the following products: product type, product Division has the external appearance are protected as industrial designs or contains a part or parts to create the basic shape of an industrial design is protected;

The products or parts of products bearing the mark or packaging bearing the mark is identical or confusingly similar to a trademark, the name of origin of goods are to be protected for goods of the same kind or similar with that product, including using the name origin is translated into another language or accompanied by the word "type" , "type", "adapted" or similar words as such;

h) import, export of the products specified in point g of this paragraph;

I) Attached (expressed in all forms, such as printed, glued, pinned, casting, stamping, ...) up the product, the packaging of products identical or similar signs of confusion with trademarks, designations of origin of goods are protected for the goods of the same kind or similar to that product;

k) conducted the service under the name, symbol, or mounted on the media services identical or similar signs confuse with service marks are protected for the same or similar services with that service.

2. A fine of from 20 million to 50 million dong VND for the Organization, individuals have the acts specified in paragraph 1 of this article in case of re-offense and fined from 50 million to 100 million dong VND in violation of large-scale organized, but not to the level of prejudice to criminal responsibility.

3. A fine of 2 million to 10 million dong VND for organizations, individuals with one of the acts: manufacturing, trafficking, transporting, storing to trafficking, import, export of decals, labels, product labels, product packaging carrying the mark is identical or confusingly similar to the trademarks , the designation of origin of the goods or the industrial designs are protected.

4. additional sanctions: a) deprived of the right to use the business license from 1 to 6 months for the acts stipulated in paragraphs 1, 3; from 6 months to 1 year or without time limit in respect of the acts specified in paragraph 2 of this Article;

b) confiscated exhibits, means of administrative violations with respect to the acts stipulated in paragraphs 1, 2 and 3 of this article.

5. In addition to the sanctions provided for in paragraphs 1, 2, 3 and 4 of this article, the organization or individual in violation can be applied one or the following measures: a) the Forced removal of the offending elements on products, goods, means business for the acts stipulated in paragraphs 1 , 2 things;

b) Forcing compensation due to administrative violations perpetrated against the acts regulating the account 1, 2 of this Thing;

c) forced the destruction of articles bearing the offending elements with respect to the acts specified in paragraph 3 of this article; force destroy pirated goods of poor quality harmful for human health for the acts stipulated in paragraphs 1, 2 of this Thing.

Chapter 2: competence, INFRINGEMENT SANCTION PROCEDURES article 10. The authority sanction of the people's Committee of the people's Committee issued the authority sanctioning the administrative violations of industrial property occurs in in local management scope as defined in articles 6, 7, 8 and 9 of this Decree. The jurisdiction of the people's Committee of the sanction levels are specified as follows: 1. The President of the people's Committee of the district, the County, towns and cities in the province have the right to: a) caution;

b) fines up to 10 million;

c) confiscated exhibits, the means used to administrative violations worth up to 100 million VND;

d) Deprived the right to use the business license granted by district level has a time limit or expiry;

e) Forcible removal of offending elements on products, goods, means business; the main improvement required misinformation caused the violation;

g) Forcing compensation due to administrative violations cause;

h) forced the destruction of articles bearing the offending element, the goods of poor quality violations cause harm to human health.

2. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;

b) a fine of up to 100 million VND;

c) confiscated exhibits, the means used to administrative violations;

d) Deprived the right to use the business license due to district level, provincial level has a time limit or expiry;


e) Forcible removal of offending elements on products, goods, means business; the main improvement required misinformation caused the violation;

g) Forcing compensation due to administrative violations cause;

h) forced the destruction of articles bearing the offending element, the goods of poor quality violations cause harm to human health.

Article 11. The authority sanction of specialized inspection of industrial property specialized inspection of industrial property of the Ministry of science, technology and environment competent administrative sanctions for the violations within the country. Inspection of industrial property specialist in the Department of science, technology and the environment has the authority to sanction the violations occurred in the managed domain local. The authority sanction of specialized inspection of industrial property are specified as follows: 1. Inspection of industrial property specialized staff are on duty have the right: a) caution;

b) a fine of up to 200,000;

c) confiscated exhibits, the means to be used to violate worth up to 500,000;

d) Forced to remove offending elements on products, goods, means business; the main improvement required misinformation caused the violation;

e) Tying compensation due to administrative violations cause;

g) forced the destruction of articles bearing the offending element, the goods of poor quality violations cause harm to human health.

2. The Chief Justice Inspector of industrial property specialist in the Department of science, technology and the environment has the right to: a) caution;

b) fines up to 10 million;

c) confiscated exhibits, the means used to cause offense worth up to 100 million VND;

d) forced the removal of the offending elements on products, goods, means business; the main improvement required misinformation caused the violation;

e) Tying compensation due to administrative violations cause;

g) Forced to destroy articles bearing the offending element, the goods of poor quality violations are harmful to human health.

h) request the Director of industrial property rights-deprived of the use license to operate the services industrial property agent.

3. The Chief Justice Inspector of specialized industrial property of the Ministry of science, technology and the environment has the right to: a) caution;

b) a fine of up to 20 million VND;

c) Stripping operations license the right to use the services of the industrial property agent has no time limit or time limit;

d) confiscated exhibits, the means used to cause offense;

e) forced the removal of the offending elements on products, goods, means business; the main improvement required misinformation caused the violation;

g) Forcing compensation due to administrative violations cause;

h) Forced to destroy the articles bearing the offending element, the goods of poor quality violations are harmful to human health.

Article 12. The authority sanction of police agencies, customs, market management agency-level public security Chief, the Chief of the economic police, the Director of provincial public security, economic Police Bureau Chief, Chief of customs control, the Customs Director at the provincial level, the Director of market management Bureau , Director of market management have the right to apply the sanctions and other measures for the violation of the regulations for the protection of industrial property rights in the field of jurisdiction specified in the paragraph 1, 3, 4, 5 of article 9 of this Decree and the Article 29 , 30, 33 Ordinance handling administrative violations.

Article 13. The responsibility of the State Agency on industrial property specialized in handling administrative violations of industrial property Bureau performs the functions of State management of industrial property under the law and has the responsibility to coordinate with other agencies at the Central and local authorities in the handling of administrative violations of industrial property when the the Agency requested.

Article 14. Sanction procedure 1. When detected violations or signs of administrative infringement of industrial property, who has authority to order the suspension of sanctions violations immediately and explain for the Organization, individuals violating sanctions regulations about administrative violations of industrial property as well as the provisions of the law of industrial property related and require organizations and individuals implement the provisions of the law on industrial property.

2. clearly defined cases of violations in an applied form of caution, the authority sanctioned the decision to sanction right in the place where the violation occurred, can take the form of text or writing not required.

The case could violate deems must apply shape then the competent person must sanction established administrative infringement thereon comply with the provisions of article 47 Ordinance on handling administrative violations.

3. After setting the minutes about the infringement, if it deems the handling offense need testimonials, concluded the Agency's expertise on industrial property, the authority sanction must send evidence violated the referendum text and examiner for the State Agency on industrial property in local or Central Government according to the provisions of article 13 of this Decree to give testimonials, conclusions about the violation and forms processing measures, consistent with the violation.

Within ten days of receiving the written request and the records and evidence of violations, State Agency on industrial property must have the written comments submitted to the authority sanction violations.

4. within fifteen days from the date of establishment of the minutes of the violation, the person has the authority to decide punishments for violations, cases of serious violation, there are more complex, the time limit can be extended but not exceeding thirty days. The decision to sanction and sanction decision content comply with the provisions of article 48 Ordinance on handling administrative violations.

Effective date of the sanction decision is on the sign or the other date specified in the decision to sanction but don't be too fifteen days after the date of signing the sanctioning decision.

The decision to sanction must be sent to the organisation or individual sanctioned within three days from the date of signing, and must be submitted to the Directorate of industrial property industrial property Bureau to coordinate the follow-up and implementation of the procedures of establishment, modification, suspension, cancellation of the degree of protection , certificate, license related.

Article 15. Fine fine Work procedures must comply with the following provisions: 1. Fines, duration and place of submission must be clearly stated in the decision to sanction;

2. organizations and individuals fined must pay fines on time and at the place stated in the decision to sanction and received receipts fine; When collecting the fines must use the receipts issued by the Ministry of finance;

3. Prohibit sanctioning collects the fines on the spot;

4. Fines collected payable to the State budget through the open account in the State Treasury;

5. The decision to impose a fine of 2 million dong from the back up must be submitted to the people's Procuratorate at the same level.

Article 16. Stripping procedure 1 license usage rights. Removal procedure using the business license, permits operation of the service of industrial property representatives comply with the provisions of article 50 of the Ordinance handling administrative violations.


Who has the authority to sanction application form stripped of license usage rights in case of infringement of personal organization, deliberately not to terminate the violation or are more likely to continue after the offense had decided to suspend the violation. Who has the authority to sanction the decision granting Duke the right to use the license must be clearly stated in the decision to sanction about the name, type, number of licenses and the time limit for removal using the license, and must immediately notify in writing the Agency has licensed it to know, which clearly the reason and duration of the license was stripped of the right to use.

The case found the type of license or right to use Duke period should apply beyond the authority of his decision, the person has the authority to sanction the decision to suspend the violation and ask the competent agency-level sanctions on or licensing agencies have that decision deprived the right to use or license revocation.

2. Who has the authority to sanction the decision granting Duke the right to use the license term for cases it deems the Organization, individuals may perform corrective measures, limiting the consequences of violation of cause, to terminate the violation and removing the cause continued violation of conditions, after a certain period to suspend manufacturing operations, business services.

The time limit for removal using the applicable license must be located within the time limit prescribed for violations of relevant and proportionate to the period of time necessary for the Organization, individuals can overcome violations, limiting the consequences of the violation, to fulfill the requirements specified in decision sanctioning and removing the cause , conditions continue to violate. The end of the time limit stated in the decision to sanction, the competent person has the decision deprived the right to use the license to license granted for the Organization, personal use license.

3. Who has the authority to sanction the decision granting Duke the right to use the license expiry or agency recommendations have to license it revoked the license for violations of organized, large scale or happen many times.

Cases detected the incorrect license granted the authority, do not follow the prescribed procedures or have content that is unlawful, the person who has the authority to sanction immediate revocation of licenses, and timely notification to the Agency has licensed, competent bodies, which license management and the State inspection agency authorized to know.

Article 17. Custody procedures exhibits, means of administrative violations 1. Jurisdiction and procedure for measures of custody evidence, administrative violations means compliance with the provisions of article 41 Ordinance on handling administrative violations.

2. interim measures keep exhibits, means of administrative violations are applied in case of need to stop immediately violations or secured evidence necessary to verify the details as a basis for the decision to handle the offense.

3. The end of the term of custody evidence, means of administrative violations as a rule, if it deems the need to apply measures to confiscate exhibits, means of administrative violations, the authorities took the decision to adopt temporary measures to keep the exhibits, means of administrative violations can making decisions or recommendations to competent bodies sanction the decision to confiscate exhibits, means of administrative violations as stipulated in article 51 Ordinance on handling administrative violations and article 18 of the Decree.

Article 18. The procedure of confiscated exhibits, means of administrative violations 1. The procedure of confiscated exhibits, means of administrative violations in the field of industrial property comply with the provisions of article 51 Ordinance on handling administrative violations.

2. Form of confiscated exhibits, means of administrative violations in the field of industrial property to be applied in the following cases: a) The confiscated, sealed goods, means it is necessary to obtain evidence, secure the evidence destruction, cancellation or change the status quo;

b) goods, paper, document, means it will likely lead to subsequent violations;

c) Organization, personal offense doesn't have enough ability, condition to remove offending elements on the goods, or deliberately not implementing the requirements of the authority sanction of removing the offending elements, repair or addition of signs, indications on goods , means business;

d) goods on the market, imported goods have the offending element but does not identify the source of goods, shippers, producers, who brought to market, but there are sufficient grounds for determining that the goods that are not caused by the owner of the industrial property objects related industrial production , placed on the market;

e) means violation of the media's function is mainly to produce goods or provide services infringement violation.

Article 19. Evidence handling procedures, means of administrative violation confiscated evidence handling procedures, means of administrative violation confiscated industrial property field in compliance with the provisions of article 52 Ordinance handling administrative violations and the following provisions: 1. apply remedies culled in case of exhibits means of violating are the following objects: a) the goods are of poor quality violations cause harm to computer networks, human health and the environment;

b) of goods, articles violate no use value;

c) of goods, articles violate is decals, labels, product labels, product packaging, goods;

d) of goods, means of offense but worth using but can't handle using the measures as defined in paragraph 2 of this Article.

2. where the exhibits are the goods, the means of production, trading, use valuable service then processed by the following measures: a) remove the offending elements on goods, means of production, sales, service and auction on the condition that the buyer have the harness measures , take advantage of affordable and guaranteed not to cause subsequent violations, does not affect the rights and legitimate interests of the owner of the industrial property objects. With respect to the means to function mainly to the production of goods, articles violate, provided services violations shall not be allowed unless the auction buyer remedy, ensure to use with other functions or make use as raw material;

b) auction goods on condition that the buyer is the owner of industry-level licensed legally; the goods meet quality standards and buyers have the additional assurance measures the directions as specified;

c) cases could not remove offending elements or not sufficiently the conditions to be allowed to auction as defined in points a, b account then can be distributed to users not business purposes (such as humanitarian, welfare, research education) with the exploitation conditions, use of the product which do not affect the rights and legitimate interests of the owner of the related industrial objects.

Article 20. Enforcement of punishment decisions 1. The case exceed five days of organized, 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 coercive enforcement, punishment decision, the execution violated the sanctions decision was made in accordance with articles 54, 55, 56 Ordinance on handling administrative violations.

Chapter 4: RESOLVE COMPLAINTS, accusations and HANDLE BREACH


Article 21. Complaints, accusations of violations of sanctions violation 1. Authority sanctioning administrative violations in the field of industrial property if there are violations of the regulations on the administrative sanction, harassment, tolerate, cover the breach, not sanctions or punishments vires, then depending on the nature and extent of the violation will be punished access, save for criminal liability. The case caused physical damage to the State, the Organization, the citizens are compensated according to the provisions of the law.

2. The procedure of complaints, accusations and complaints of individuals, the organization sanctioned administrative violations in the field of industrial property are carried out according to the provisions of Chapter VIII of the Ordinance on handling administrative violations and according to the Ordinance on procedures for administrative cases solved. The procedure for infringement processing authority sanctioning administrative violations and persons sentenced to administrative violations in the field of industrial property made under Chapter IX Ordinance on handling administrative violations.

Chapter 5: terms of the IMPLEMENTATION of Article 22. This Decree takes effect after 15 days from the date of signing. The provisions in paragraph 1 point a, point a article 15 paragraph 3 of Decree 57/CP dated 31 May 1997 on sanctioning administrative violations in the field of measurement and quality of goods are replaced by the terms of punishment for the acts of producing, trafficking of goods bearing a trademark identical or similar to trademarks of basis others are specified in this Decree.

Article 23. The Minister of science, technology and the environment, the Minister of trade, Minister of public security, the Minister of finance, the General Director of the Customs Bureau in the scope of its management function is responsible for guiding, inspecting the implementation of this Decree.

Article 24. The heads of ministries, ministerial agencies, government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.