"Currently, the production and trade of goods of unknown origin, without invoices or documents, expired goods, counterfeit goods, imitation goods, and poor quality goods is becoming more complicated, becoming a problem not only for businesses but also directly affecting people. The Ministry of Public Security, please tell me, how will the crime of producing and trading in counterfeit and poor quality goods be handled? And in which document is it regulated? What is the specific prison sentence for this crime?", a citizen wondered.
In response to the above question, the Ministry of Public Security said that for these violations, when there is not enough basis for criminal handling, they will be handled administratively according to Decree No. 98/2020/ND-CP dated August 26, 2020 of the Government regulating administrative sanctions for violations in commercial activities, production, trading of counterfeit and prohibited goods and protection of consumer rights.
For acts of manufacturing, trading, and doing business in counterfeit goods to the extent that they must be handled under the Criminal Law, they will be handled according to the Crimes prescribed in the 2015 Criminal Code, amended and supplemented in 2017. Specifically, including the following crimes:
First, the crime of producing and trading counterfeit goods.
Anyone who produces or trades in counterfeit goods in one of the following cases shall be subject to a fine of from VND 100,000,000 to VND 1,000,000,000 or imprisonment from 1 year to 5 years: Counterfeit goods worth from VND 20,000,000 to under VND 100,000,000 calculated according to the selling price, listed price, or price stated on the invoice; Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth from VND 30,000,000 to under VND 150,000,000 in cases where the selling price, listed price, or price stated on the invoice cannot be determined;
Counterfeit goods worth less than VND 20,000,000 calculated according to the selling price, listed price, price stated on the invoice or counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth less than VND 30,000,000 but have been administratively sanctioned for the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196 and 200 of this Code or have been convicted of one of these crimes, not yet had their criminal records cleared but still commit violations;
Counterfeit goods worth less than VND 20,000,000 calculated according to the selling price, listed price, price stated on the invoice or counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth less than VND 30,000,000 but causing consequences in one of the following cases: causing harm to the health of one person with a body injury rate of 31% to 60%; causing harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60% or causing property damage from VND 100,000,000 to less than VND 500,000,000.
Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 10 years: Organized; Professional; Abusing position and power; Abusing the name of an agency or organization; Counterfeit goods worth from VND 100,000,000 to under VND 200,000,000 calculated according to the selling price, listed price, or price stated on the invoice;
Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth from VND 150,000,000 to under VND 500,000,000 in cases where the selling price, listed price, or price stated on the invoice cannot be determined; Illegal profits from VND 100,000,000 to under VND 500,000,000; Causing death; Causing harm to the health of 01 person with a body injury rate of 61% or more; Causing harm to the health of 02 or more people with the total body injury rate of these people from 61% to 121%;
Causing property damage from VND 500,000,000 to under VND 1,500,000,000; Committing a crime in one of the cases specified in Clause 1 of this Article across the border or from a duty-free zone to the inland and vice versa; Dangerous recidivism.
Committing a crime in one of the following cases shall be punishable by imprisonment from 7 to 15 years: Counterfeit goods with a production cost of VND 100,000,000 or more; Counterfeit goods with a selling price, listed price, or price stated on the invoice of VND 200,000,000 or more; Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth VND 500,000,000 or more in cases where the production cost, selling price, listed price, or price stated on the invoice cannot be determined;
Illegal profit of 500,000,000 VND or more; Causing death of 02 people or more; Causing harm to the health of 02 people or more, with each person's body injury rate of 61% or more; Causing harm to the health of 02 people or more, with the total body injury rate of these people being 122% or more; Causing property damage of 1,500,000,000 VND or more.
Offenders may also be fined from VND 20,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of their assets confiscated.
A commercial legal entity committing a crime specified in this Article shall be punished as follows: A commercial legal entity committing a crime specified in Clause 1 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000; A crime specified in Clause 2 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 6,000,000,000; A crime specified in Clause 3 of this Article shall be subject to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or suspension of operations for a period of from 6 months to 3 years;
Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations; a commercial legal entity may also be fined from VND 50,000,000 to VND 200,000,000, banned from doing business, banned from operating in certain fields, or banned from raising capital from 01 to 3 years.
Second, the crime of producing and trading in counterfeit food, foodstuffs, and food additives.
Anyone who produces or trades in counterfeit food, foodstuffs, or food additives shall be sentenced to imprisonment from 2 to 5 years.
Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 10 years: Organized; Professional; Dangerous recidivism; Abusing position and power; Abusing the name of an agency or organization; Committing a crime across the border or from a duty-free zone to the inland and vice versa; Counterfeit goods worth from VND 100,000,000 to under VND 200,000,000 calculated according to the selling price, listed price, or price stated on the invoice;
Counterfeit goods equivalent to the quantity of genuine goods worth from 150,000,000 VND to under 500,000,000 VND in cases where the selling price, listed price, or price stated on the invoice cannot be determined; Illegal profits from 100,000,000 VND to under 500,000,000 VND; Causing harm to the health of 01 person with a body injury rate from 31% to 60%; Causing harm to the health of 02 or more people with the total body injury rate of these people from 31% to 60%; Causing property damage from 100,000,000 VND to under 500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years: Counterfeit goods with a selling price, listed price, or invoice price of VND 200,000,000 or more; Counterfeit goods equivalent to the quantity of genuine goods worth VND 500,000,000 or more in cases where the production cost, selling price, listed price, or invoice price cannot be determined; Illegal profits from VND 500,000,000 to less than VND 1,500,000,000; Causing death; Causing harm to the health of 01 person with a bodily injury rate of 61% or more; Causing harm to the health of 02 or more people with the total bodily injury rate of these people from 61% to 121%; Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years or life imprisonment: Illegally profiting from VND 1,500,000,000 or more; Causing death to 2 or more people; Causing harm to the health of 02 or more people, with each person's bodily injury rate being 61% or more; Causing harm to the health of 02 or more people, with the total bodily injury rate of these people being 122% or more; Causing property damage of VND 1,500,000,000 or more.
Offenders may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years, or have part or all of their assets confiscated.
A commercial legal entity committing a crime specified in this Article shall be punished as follows: A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from VND 1,000,000,000 to VND 3,000,000,000; A crime specified in Clause 2 of this Article shall be fined from VND 3,000,000,000 to VND 6,000,000,000; A crime specified in Clause 3 of this Article shall be fined from VND 6,000,000,000 to VND 9,000,000,000;
Committing a crime under the provisions of Clause 4 of this Article shall be subject to a fine of from VND 9,000,000,000 to VND 18,000,000,000 or suspension of operations for a period of from 6 months to 3 years; Committing a crime under the provisions of Article 79 of this Code shall be subject to permanent suspension of operations; A commercial legal entity may also be subject to a fine of from VND 100,000,000 to VND 300,000,000, banned from doing business or operating in certain fields or banned from raising capital for a period of 1 to 3 years.
Third, the crime of producing and trading in counterfeit medicines and disease prevention drugs.
Anyone who produces or trades in counterfeit medicines or disease prevention drugs shall be sentenced to imprisonment from 2 to 7 years.
Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 12 years: Organized; Professional; Dangerous recidivism; Abusing position and power; Abusing the name of an agency or organization; Committing a crime across the border or from a duty-free zone to the inland and vice versa; Counterfeit goods worth from VND 100,000,000 to under VND 200,000,000 calculated according to the selling price, listed price, price stated on the invoice; Counterfeit goods equivalent to the quantity of genuine goods worth from VND 150,000,000 to under VND 500,000,000 in cases where the selling price, listed price, price stated on the invoice cannot be determined;
Illegal profits from 100,000,000 VND to under 500,000,000 VND; Causing injury or damage to the health of 01 person with a body injury rate from 31% to 60%; Causing injury or damage to the health of 02 or more people with a total body injury rate of these people from 31% to 60%; Causing property damage from 100,000,000 VND to under 500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years: Counterfeit goods with a selling price, listed price, or invoice price of VND 200,000,000 or more; Counterfeit goods equivalent to the quantity of genuine goods worth VND 500,000,000 or more in cases where the production cost, selling price, listed price, or invoice price cannot be determined; Illegal profits from VND 500,000,000 to less than VND 2,000,000,000; Causing death; Causing harm to the health of 01 person with a bodily injury rate of 61% or more; Causing harm to the health of 02 or more people with the total bodily injury rate of these people from 61% to 121%; Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by 20 years in prison, life imprisonment or death: Illegally profiting from VND 2,000,000,000 or more; Causing the death of 2 or more people; Causing injury or damage to the health of 2 or more people, with each person's bodily injury rate being 61% or more; Causing injury or damage to the health of 2 or more people, with the total bodily injury rate of these people being 122% or more; Causing property damage of VND 1,500,000,000 or more.
Offenders may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of their assets confiscated.
A commercial legal entity committing a crime specified in this Article shall be punished as follows: A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from VND 1,000,000,000 to VND 4,000,000,000; A crime specified in Clause 2 of this Article shall be fined from VND 4,000,000,000 to VND 9,000,000,000; A crime specified in Clause 3 of this Article shall be fined from VND 9,000,000,000 to VND 15,000,000,000;
Committing a crime under the provisions of Clause 4 of this Article shall be subject to a fine of from VND 15,000,000,000 to VND 20,000,000,000 or suspension of operations for a period of from 1 to 3 years; Committing a crime under the provisions of Article 79 of this Code shall be subject to permanent suspension of operations; A commercial legal entity may also be subject to a fine of from VND 100,000,000 to VND 300,000,000, banned from doing business or operating in certain fields or banned from raising capital for a period of 1 to 3 years.
Fourth, the crime of producing and trading in counterfeit goods such as animal feed, fertilizers, veterinary medicines, pesticides, plant varieties and livestock.
Anyone who produces or trades in counterfeit animal feed, fertilizers, veterinary drugs, pesticides, plant varieties, and livestock in one of the following cases shall be subject to a fine of VND 100,000,000 to VND 1,000,000,000 or imprisonment of 1 to 5 years: Counterfeit goods worth from VND 20,000,000 to under VND 100,000,000 calculated according to the selling price, listed price, or price stated on the invoice; Counterfeit goods equivalent to the quantity of genuine goods or goods with the same function worth from VND 30,000,000 to under VND 150,000,000 in cases where the selling price, listed price, or price stated on the invoice cannot be determined;
Counterfeit goods worth less than VND 20,000,000 calculated according to the selling price, listed price, price stated on the invoice or counterfeit goods equivalent to the quantity of genuine goods or goods with the same function worth less than VND 30,000,000 but have been administratively sanctioned for the acts specified in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196 and 200 of this Code or have been convicted of one of these crimes, have not had their criminal records expunged and continue to violate; Causing property damage from VND 100,000,000 to less than VND 500,000,000.
Committing a crime in one of the following cases shall be punishable by imprisonment from 5 to 10 years: Organized; Professional; Dangerous recidivism; Abusing position and power; Abusing the name of an agency or organization; Committing a crime across the border or from a duty-free zone to the inland and vice versa; Counterfeit goods worth from VND 100,000,000 to under VND 200,000,000 calculated according to the selling price, listed price, or price stated on the invoice;
Counterfeit goods equivalent to the quantity of genuine goods worth from VND 150,000,000 to under VND 500,000,000 in cases where the selling price, listed price, or invoice price cannot be determined; Causing property damage from VND 500,000,000 to under VND 1,500,000,000; Illegal profits from VND 100,000,000 to under VND 500,000,000.
Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years: Counterfeit goods with a selling price, listed price, or invoice price of VND 200,000,000 or more; Counterfeit goods equivalent to the quantity of genuine goods worth VND 500,000,000 or more in cases where the production cost, selling price, listed price, or invoice price cannot be determined; Causing property damage from VND 1,500,000,000 to less than VND 3,000,000,000; Illegal profits from VND 500,000,000 to less than VND 2,000,000,000.
Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years: Causing property damage of VND 3,000,000,000 or more; Illegal profit of VND 2,000,000,000 or more.
Offenders may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of their assets confiscated.
A commercial legal entity committing a crime specified in this Article shall be punished as follows: A commercial legal entity committing a crime specified in Clause 1 of this Article shall be fined from VND 1,000,000,000 to VND 3,000,000,000; A crime specified in Clause 2 of this Article shall be fined from VND 3,000,000,000 to VND 6,000,000,000; A crime specified in Clause 3 of this Article shall be fined from VND 6,000,000,000 to VND 9,000,000,000;
Committing a crime under the provisions of Clause 4 of this Article shall be subject to a fine of from VND 9,000,000,000 to VND 15,000,000,000 or suspension of operations for a period of from 6 months to 3 years; Committing a crime under the provisions of Article 79 of this Code shall be subject to permanent suspension of operations; A commercial legal entity may also be subject to a fine of from VND 100,000,000 to VND 300,000,000, banned from doing business or operating in certain fields or banned from raising capital for a period of 1 to 3 years.
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