CIRCULAR guide implementation of Directive No. 31/1999/CT-TTg dated October 27, 1999 by the Prime Minister on the fight against the production and trafficking in counterfeit goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Directive 1999/31/CT-TTg dated October 27, 1999 by the Prime Minister on the fight against the production and trafficking in counterfeit goods The Ministry of Commerce, Ministry of finance, the Ministry of public security and the Ministry of science, technology and environment of the Organization of the Guide as follows: I-GENERAL PRINCIPLES 1-fight against counterfeiting is the duty of all the ministries, the people's committees, the political unions, civil society, the business business and household, of the entire population.
2-all activities of production, processing, packaging, processing, Assembly, sales, storage, export, import, transport, advertising, marketing, promotional counterfeit detection are handled strictly according to the law. Exhibits are counterfeit, means, instrument used in the production of, trafficking in counterfeit goods dealt with seizure (except for special cases, there are separate regulations). The objects of production, trafficking in counterfeit goods of inferior quality, depending on the degree of violation of administrative or sanctioned prejudice criminal liability.
3-When sanctioning administrative violations with regard to acts producing fake goods trade, the competent authority must be handled pursuant to the Decree of the Government regulation on sanctioning of administrative violations and comply with the correct sequence, procedure, jurisdiction stipulated in the Ordinance on handling administrative violations.
4-If the signs of guilt producing, trafficking in counterfeit goods under the provisions of the criminal code, the Agency examined the detection file along with the exhibits to the competent bodies to investigate the criminal disposal.
5-prohibition of organizations, individual manufacturing, circulation of goods does not guarantee the standard of quality. The quality criteria include: Vietnam standards, industry standards, or international base standards to be accepted. The Organization, production and business individuals must comply with the provisions of the law of trademarks, industrial designs, appellations of origin of goods is protectionism and State regulation of labelling goods.
6-this circular does not adjust the goods bearing false names is acknowledged as: false teeth, fake, fake flowers, prosthetics.
II-EXPLAINS SOME of the TERMINOLOGY in THIS CIRCULAR 1-Label goods: Is a written, prints, drawings, photographs, signs are imprinted directly known or tagged, trinket, definitely installed on goods or packaging to present the necessary information, mainly on such goods.
2-the trademarks: the marks used to distinguish goods or services of the same type of production facility, various business. Trademarks can be words, images or a combination of these elements that are expressed in one or more colors.
3-name of goods: Is the name of the product, goods comes up the nature of the goods has been standardization or are familiar with the consumer.
4-the name origin: the name of the country, local refers to the origin of the item from the local water, which provided that the item has the properties, quality characteristics based on the unique geographic conditions and advantages, including natural factors human, or a combination of both factors.
5-industrial design: Is the external appearance of the product is shown by contours, shapes, colors, or a combination of these factors that are new to the world to use as a template to produce industrial products or industry.
III-COUNTERFEIT goods have one of the following signs are considered false: 1-quality counterfeits or uses.
1.1-the goods have no use value or use value is not true to nature, and uses of it.
1.2-the goods brought more impurities, additives are not permitted to use the quality change; No or have little substance, containing other substances with pharmaceutical drug name indicated on the labels or packaging; No or not enough active ingredient, not enough effective substance causes the appliances; There are other effective substances, active substances with the active ingredient, the effective substance indicated on the packaging.
1.3-the goods are not enough ingredients or be replaced by other parts, materials do not ensure quality compared with the standard of quality of the goods was announced, causing bad consequences for production, the health of people, animals, plants or the environment, the environment.
1.4-the goods belonging to the category of compulsory standards apply without making the bad consequences for production, the health of people, animals, plants or the environment, the environment.
1.5-the goods are not yet certified to standards that use certificate or seal fit standard (for the list of goods required).
2-Imitation of trademarks, industrial designs, source, origin: 2.1-the goods are identical or trademark confusingly similar to the trademarks of others are protected for the same type of goods including all trademarks are protected under the international treaties to which Vietnam joined , without permission of the trademark owner.
2.2-the goods have signs or packaging bearing identical or similar signs of confusion with trade names protected designation of origin or with a protected goods.
2.3-the goods, parts of the goods has the external appearance coincides with industrial designs are protected without permission of the owners of industrial designs.
2.4-the goods are fake marks of origin, indications of origin of goods cause discrepancies about the origin, the place of production, where packing, Assembly of the goods.
3-fake label 3.1 goods-goods with identical or similar goods to the goods of the other base label has announced.
3.2-The only goal scored on the label of the goods do not match the quality of the goods in order to deceive consumers.
3.3-the content recorded on the label were shaved, erasing, modifying, incorrect record time limit use to deceive customers.
4-The kind of publication was in use on the production, consumption of counterfeiting: 4.1-types of decals, stamp products, goods label, trademark, sample product packaging showing signs of violation as: identical or similar cause confusion with goods of the same kind, with the trademark , industrial designs, appellations of origin of goods are protected.
4.2-the types of invoices, vouchers, certificates, stamps, tickets, money, valuable publications such as money, publications and cultural products are fake.
IV-the POOR QUALITY goods have one of the following signs are considered poor quality goods: 1 – goods are worth using, but uses the composition, criteria of quality are incomplete as published on the label the goods or advertising, marketing but do no harm to the production , health of people, animals, plants or the environment, the environment.
2-the goods are one of the quality criteria in the category required to apply minimum quality level lower than announced, but not damage to production, health of people, animals, plants or the environment, the environment.
3-fact quality goods is lower than the level indicated on the label or advertising goods announced but not harmful for production, the health of people, animals, plants.
4-old goods repair, retrofit and new spoofing to mislead customers, sold by the unit cost of the new row.
5-the goods have been taken more impurities or other materials quantitative change of the goods, but do no harm for the production, the health of people, animals, plants or the environment, the environment.
V-VERIFY and HANDLE COUNTERFEIT 1-test subjects:

-Poor quality imitation in the range check and handle circular include domestic production, order processing, machining, Assembly, packaging, to in store, are sold, transported on the road, introducing exhibits, promotional offers, and export and import.
2-geographical needs rather than Italy check:-the gate road, air, sea, River, the frontier.
-Where the stamp printing, labeling, packaging, publications.
-Production venues, machining, processing, Assembly of counterfeiting, where accept the counterfeits.
-Wholesale clues, the flow of counterfeit goods.
-The retail and transportation, counterfeiting.
3-local assignment test and coordinate content 3.1-local assignment:-customs force, border guard forces: responsible for organizing the fight against counterfeit goods, export and import through the gate, on the land and sea border, according to the Mission of each industry.
-Market management forces are responsible: the Inspector +, test against the production, trafficking in counterfeit, poor quality goods in the domestic market.
+ Host in collaboration with inspection specialized forces, the forces of anti-counterfeiting function, poor quality goods on the other.
-The police forces responsible for: + investigation, explores the line, production team, trafficking in counterfeit goods especially papers, bills, stamps, money and valuable publications like money.
+ In collaboration with functional forces inspected, checked in the industry anti-counterfeiting levels when required.
-The inspection force, checking majors are responsible for organizing the inspection, check against counterfeit goods, in the range of specialized State management, and coordination with the forces of anti-counterfeiting function to conduct inspections, checks when required.
3.2-the content coordination:-coordination in the Exchange, providing information on: + happenings false situation, rules, tricks works of objects of production, trafficking in counterfeit goods.
+ Advocates, plans, policies related to the work of anti-counterfeiting of local branches.
-Cooperate in the inspection, check the detect, prevent and handle breach: + build projects, coordinate the inspection plan, inspection.
+ Election of officers involved in the inspection, check.
+ Support of media funding and create favorable conditions in the inspection, check.
+ Progress assessment, verification, documentation and evidence collection, examination, evaluation of counterfeiting.
+ The Organization made the decision to violate the sanctions or coercive enforcement of punishment decisions.
-Cooperate in handling infringement on counterfeiting for the complex case. Case of non-uniform disposal measures are then reported in local 31 Steering Committee or the central decision.
-Cooperate in the rewards for the organizations and individuals who have contributed in detecting, fighting, dealing with infringement on counterfeit goods.
Coordinate with production lawful business, the owners of industrial property rights to identify counterfeit goods.
4-items: include the type recorded in section III and poor quality goods in section IV of this circular, focus test, dealing with the following goods:-food, processed foods, food additives, types of drinks.
-Cosmetic Goods.
-Drugs, vaccines and a cure for room service.
-Agricultural materials, aquatic: plants of varieties, animal breeds, animal feed, veterinary drugs, vaccines, medicines and plant protection, fertilizer, biological preparations serve the cultivation and breeding.
-Invoices, vouchers, money, certification, publications, works of art and other publications.
-Building materials, machinery, spare parts, fuel, raw materials and transport.
5-assessment, evaluation of poor quality imitation: 5.1-When checking the detect poor quality imitation the forces can function to set the minutes and handle breach as prescribed. The case is not yet enough confirmed base is poor quality imitation must be sampled in accordance with the regulations sent to the State Agency has the function to appraise, appraise.
5.2-The authorities responsible for the assessment, valuating the goods sample publications when the inspection agency, the required control.
5.3-while trying to rearrange the system, examiners assess the quality control agency under the Ministry of science, technology and environment, the Ministry of trade (in goods quality management and Metrology), Institute of criminal science and Technology Ministry of public security and the Agency has other functions in the Ministry a recognized industry, is responsible for conducting inspections, evaluation samples of the inferior quality of imitation in 1 category III and IV of this circular, do the inspection agency, the next anti-counterfeiting in the industry, the levels sent to within the law and take responsibility for results , his conclusions.
5.4 the industrial property Bureau-Ministry of science, technology and environment, Department of science, technology and environment of the province, central cities have the responsibility and authority, inspection appraisal for this type of counterfeiting defined in point 2 of this circular section III.
5.5-The relevant authorities assess, appraise counterfeiting provisions in point 3 of this circular section III.
6-handle counterfeiting: 6.1-re-export from the territory of Vietnam for counterfeiting, shoddy imports are making customs procedures according to the decision of the competent authority.
6.2-Organization destroyed under the provisions of the State:-goods, items not worth using.
-Goods not guaranteed minimum quality levels harmful for production or life, health of people, animals, plants and the environment, the environment.
-Types of decals, stamp, label the goods sample labels, product packaging, goods, invoices, vouchers, money, publications are identified as false.
6.3-circulation must comply with the following conditions: – the goods are worth using but must remove the offending elements on the goods (packaging, labels, violates ...) and extensive notice to consumers to know.
-Machining, processing of goods to ensure legitimacy when the circulation or utilize as raw materials.
MICRO-funding, ANTI-COUNTERFEITING MEANS 1-function forces Inspector, anti-counterfeiting checks are issued and used the funds to serve against counterfeit goods, including:-customs forces.
-Border forces.
-Public safety forces.-market management forces.
-The specialized inspection force.
2-funding anti-counterfeiting staff include:-the State budget level according to the approved annual estimation.
-The full amount of administrative sanctions and money selling goods, exhibits, the media breached seized of the service handling about counterfeit goods are to leave the State budget spent on anti-counterfeiting activities.
-Voluntary contributions (if any) of the organizations and individuals inside and outside the country.
-Part support from sources of revenues against smuggling in the area.
3-funding anti-counterfeiting staff used to spend on the following:-stores, repair vehicles, tools; expenses captured, destroyed, unloading, storage and transportation of goods, exhibits the violation; detect, verify, verify, process violation; propagating learning, professional training, summary, summarizing the struggle against counterfeiting; the Organization of information, entertainment, buying information to detect violations; testing, assessment, evaluators; fostering do outside; subsidies for officers to soldiers or families of crashes, injuries, being sacrificed while on duty; extract of reward organizations and individuals have contributed in the work against the production and trafficking in counterfeit goods.
VII. IMPLEMENTATION

1-to the implementation of Directive 1999/31/CT/TTg dated October 27, 1999 by the Prime Minister on the fight against the production and trafficking in counterfeit goods and this circular, ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central are responsible : Department of Commerce:-1.1-host coordination between relevant ministries in the Central Government in directing the work of anti-counterfeiting.
-Host inspection, urging local departments in the fight against counterfeiting.
-French border, advocates proposed necessary anti-counterfeiting in each moment, to discuss unification with the Ministry, the General Directorate to recommendations to the Prime Minister and steer the local.
-Ask the Ministries Of Coordination Bureau, provided the force, means to prevent timely arrest violations of counterfeiting or participate in interdisciplinary inspections group when necessary.
-Organization information, General report on the situation and task of the anti-counterfeiting industry, local levels and across the country to the Prime Minister to report and inform the Ministry, the General Directorate.
-Periodically organize meetings, General Directorate to review experiences and coordinated measures to steer in the coming time.
1.2-the Ministry of public security:-investigation discovered the objects and group production, trafficking in counterfeit goods special attention big low-density harm to social order and security in collaboration with market management forces and other specialist Inspector force to fight to prevent the production status trafficking, counterfeiting, the handle element the duty when required.
-Join the branches guide the local Steering in the fight against counterfeiting.
1.3 – the Ministry of finance instructed the management, use and payment of funds to serve against counterfeiting.
1.4-ministries, ministerial agencies, government agencies depending on the assigned mission of anti-counterfeiting work, is responsible for:-the Organization directing the work of anti-counterfeiting within the governance of the industry and the specific tasks to be assigned by the Prime Minister in the aforementioned directive.
-Cooperate with Ministry of Commerce and the ministries involved in the direction of the struggle, prevent counterfeiting effectively for each sector, items, locations and across the country.
-General situation of counterfeiting, fight against counterfeiting in the industry sent The general trade reported the Prime Minister.
1.5-standards and consumer protection Vietnam, the unions of other social organization: depending on the function, the task is assigned, is responsible for helping the anti-counterfeiting forces and mobilize consumers to actively participate in the fight against counterfeiting.
1.6-the people's committees of the province, central cities:-Organization of popular propaganda of the Prime Directive, circular guide implementation of the directive of the Prime Minister for business, households, business and production of local people to participate in the fight against counterfeiting , except counterfeiting currency.
-The direction of the industry, the local level in the fight against counterfeiting.
-Organization of coordination between sectors and levels, forces the local function to check, detect, prevent and treat promptly violations on production, trade, import, transport of counterfeit goods.
-Preliminary, periodic synthesis of reviews experiences for direction and planning for each period.
-General situation of counterfeiting, anti-counterfeiting work in sending The trade report for the Prime Minister.
1.7-for manufacturing, business:-organizations, individual business production not produced, trafficking in counterfeit goods. Every organization and individual are responsible for the initiative in cooperation with the relevant authorities in the fight against counterfeiting detection for the inspection force, objects and the production of fake goods business to take preventive measures in time.
-Encourage organizations and individuals to produce, assemble the goods using the measures to combat the counterfeiting of stamps glued to their products. Anti fake stamps of the business are not identical or similar to the kind the State imports stamp release.
This circular effect after 15 days from the date of signing. In the process if there are difficulties, obstacles and local industries need to promptly report the Steering Committee and The TW/31 to resolve.