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Decree No. 08/2013/ND-CP dated January 10, 2013 of the Government on the administrative penalties for producing and trading counterfeit goods
18/01/2013
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THE GOVERNMENT
--------

No. 08/2013/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

----------------

Hanoi, January 10th 2013

 

 

DECREE

ON THE ADMINISTRATIVE PENALTIES FOR PRODUCING AND
TRADING COUNTERFEIT GOODS

 

 

Pursuant to the Law on Government organization dated December 25th 2001;

Pursuant to the Criminal Code dated December 21st 1999 and the Law on amending and supplementing a number of articles of the Criminal Code dated June 29th 2009;

Pursuant to the Law on Commerce dated June 14th 2005;

Pursuant to the Law on Intellectual property dated November 29th 2005 and the Law on amending and supplementing a number of articles of the Law on Intellectual property dated June 19th 2009;

Pursuant to the Ordinance on Handling administrative violations dated June 02nd 2002 and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations dated April 02nd 2008;

At the proposal of the Minister of Industry and Trade;

The Government issues a Decree on the administrative penalties for producing and trading counterfeit goods,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with the acts of administrative violations, the forms and rates of penalties, and the remedial measures applicable to the administrative violations, the procedures and authority to impose administrative penalties for acts of producing and trading counterfeit goods.

2. The goods within the scope of regulation of this Decree are the goods prescribed in Clause 2 Article 3 of the Law on Commerce 2005.

Article 2. Subjects of application

1. The Vietnamese organizations and individuals that produce and trade counterfeit goods within Vietnam’s territory.

2. The foreign organizations and individuals that produce and trade counterfeit goods within the Vietnam’s territory, unless otherwise prescribed by the International Agreements to which Vietnam is a signatory.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Producing counterfeit goods are doing one, some, or all the activities including manufacturing, publishing, printing, processing, ordering, preparing, processing, treating, extracting, recycling, assembling, mixing, dividing, filling, packing, and other activities to make counterfeit goods and put them into circulation.

2. “Trading counterfeit goods" are doing on, some, or all the activities including offering, displaying, introducing, advertising, promoting, storing, preserving, transporting, trading, exporting, importing, and other activities to put the counterfeit goods into circulation.

3. “Counterfeit stamps, labels, and packages” includes decals, goods labels, goods packages, quality stamps, warranty notes, goods seals, or other items of traders that contain fraudulent information specified in Clause 2 Article 4 of this Decree.

4. “Exhibits":

a) Finished or semi-finished counterfeit goods that have or have not put into circulation.

b) Materials, accessories, components, parts, additives, processing supplements, other raw materials, counterfeit stamps, labels, and packages used for producing counterfeit goods

5. “instruments for committing violations” include vehicles, tools, machinery, and other items used for producing and trading counterfeit goods.... 

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