Crime of Producing or Trading in Counterfeit Goods
1. Any person who produces or trades in counterfeit goods under any of the following circumstances, if not falling under those prescribed in Articles 193, 194, and 195 of the Penal Code, shall be subject to a fine ranging from VND 200,000,000 to VND 2,000,000,000 or imprisonment from 01 year to 05 years:
a) Counterfeit goods equivalent in quantity to genuine goods or goods of the same technical features and utilities valued from VND 30,000,000 to under VND 150,000,000, or valued under VND 30,000,000 but the offender has previously been administratively sanctioned for any of the acts prescribed in this Article or in Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of the Penal Code, or has been convicted of any of these crimes, not yet had the criminal record expunged but continues to re-offend;
b) Causing injury or harm to another person’s health with a bodily harm rate from 31% to 60%;
c) Obtaining illicit gains from VND 50,000,000 to under VND 100,000,000;
d) Causing property damage from VND 100,000,000 to under VND 500,000,000.
2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 05 years to 10 years:
a) Committed in an organized manner;
b) Of a professional nature;
c) Taking advantage of position or power;
d) Taking advantage of the name of an agency or organization;
đ) Counterfeit goods equivalent in quantity to genuine goods or goods of the same technical features and utilities valued from VND 150,000,000 to under VND 500,000,000;
e) Obtaining illicit gains from VND 100,000,000 to under VND 500,000,000;
g) Causing death to another person;
h) Causing injury or harm to another person’s health with a bodily harm rate of 61% or more;
i) Causing injury or harm to the health of 02 or more persons with a total bodily harm rate of those persons from 61% to 121%;
k) Causing property damage from VND 500,000,000 to under VND 1,500,000,000;
l) Cross-border trading;
m) Dangerous recidivism.
3. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from 07 years to 15 years:
a) Counterfeit goods equivalent in quantity to genuine goods or goods of the same technical features and utilities valued at VND 500,000,000 or more;
b) Obtaining illicit gains of VND 500,000,000 or more;
c) Causing the death of 02 or more persons;
d) Causing injury or harm to the health of 02 or more persons with a total bodily harm rate of those persons of 122% or more;
đ) Causing property damage of VND 1,500,000,000 or more.
4. The offender may also be subject to a fine ranging from VND 40,000,000 to VND 100,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, prohibition from performing certain jobs for a period of 01 year to 05 years, or confiscation of part or all of their property.
5. A commercial legal entity committing this crime shall be subject to the following penalties:
a) If falling under the circumstances prescribed in Clause 1 above, a fine ranging from VND 2,000,000,000 to VND 6,000,000,000;
b) If falling under any of the circumstances prescribed at Points a, b, đ, e, g, h, i, k, l, and m of Clause 2 above, a fine ranging from VND 6,000,000,000 to VND 12,000,000,000;
c) If falling under the circumstances prescribed in Clause 3 above, a fine ranging from VND 12,000,000,000 to VND 18,000,000,000 or suspension of operation for a period from 06 months to 03 years;
d) If falling under the circumstances prescribed in Article 79 of the Penal Code, permanent suspension of operation;
đ) The commercial legal entity may also be subject to a fine ranging from VND 100,000,000 to VND 400,000,000, prohibition from doing business, prohibition from operating in certain fields, or prohibition from raising capital for a period of 01 year to 03 years.
Legal Basis:
-
Article 192 of the Penal Code 2015;
-
Point a Clause 8 Article 1 of the Law amending and supplementing a number of articles of the Penal Code 2025;
-
Point a Clause 42 Article 1 of the Law amending and supplementing a number of articles of the Penal Code 2017;
-
Point b Clause 8 Article 1 of the Law amending and supplementing a number of articles of the Penal Code 2025.
