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In today’s context, intellectual property rights are increasingly respected and protected. Alongside the owner’s self-defense measures, administrative penalties, and civil remedies, individuals infringing on intellectual property rights may also face criminal liability if the violation is deemed severe. The following are criminal offenses associated with intellectual property rights in Vietnam under the 2015 Penal Code (amended and supplemented in 2017).
Criminal offense of infringing on copyright and related rights (Article 225 of the Penal Code)
1. Anyone who, without the permission of the copyright or related rights owner, intentionally engages in any of the following acts, violating protected rights in Vietnam on a commercial scale or gaining unjust benefits ranging from VND 50 million to less than VND 300 million, or causing damage to the copyright or related rights holder ranging from VND 100 million to less than VND 500 million, or the infringing goods have a value of VND 100 million to less than VND 500 million, shall be fined from VND 50 million to VND 300 million or non-custodial reform for up to 3 years:
a) Copying works, sound recordings, or video recordings;
b) Distributing copies of works, copies of sound recordings, or copies of video recordings to the public.
2. If the offense falls into one of the following cases, the offender shall be fined from VND 300 million to VND 1 billion or imprisoned from 6 months to 3 years:
a) Organizing;
b) Repeating the offense two or more times;
c) Unjustly gaining benefits of VND 300 million or more;
d) Causing damage to the copyright or related rights holder of VND 500 million or more;
e) Infringing goods valued at VND 500 million or more.
3. The offender may also be fined from VND 20 million to VND 200 million, banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years.
4. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Engaging in any of the acts specified in paragraph 1 of this article on a commercial scale or gaining unjust benefits from VND 200 million to less than VND 300 million, or causing damage to the copyright or related rights holder from VND 300 million to less than VND 500 million, or infringing goods valued from VND 300 million to less than VND 500 million; gaining unjust benefits from VND 100 million to less than VND 200 million, or causing damage to the copyright or related rights holder from VND 100 million to less than VND 300 million, or infringing goods valued from VND 100 million to less than VND 300 million, but having been administratively fined for any of the acts specified in this article or previously convicted of this offense, with the conviction not yet expunged and the offender still violating, shall be fined from VND 300 million to VND 1 billion;
b) Committing offenses as stipulated in paragraph 2 of this article shall be fined from VND 1 billion to VND 3 billion or suspended from operation for a period from 6 months to 2 years;
c) Commercial legal entities may also be fined from VND 100 million to VND 300 million, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Criminal offense of infringing on Industrial Property Rights (Article 226 of the Penal Code).
1. Anyone intentionally infringing on industrial property rights for a trademark or geographical indication protected in Vietnam, with the object being counterfeit goods bearing the trademark or geographical indication on a commercial scale or gaining unjust benefits ranging from VND 100 million to less than VND 300 million, or causing damage to the trademark or geographical indication owner ranging from VND 200 million to less than VND 500 million, or the infringing goods having a value from VND 200 million to less than VND 500 million, shall be fined from VND 50 million to VND 500 million or subjected to non-custodial reform for up to 3 years.
2. Offenses falling into one of the following cases shall be fined from VND 500 million to VND 1 billion or imprisoned from 6 months to 3 years:
a) Organized offenses;
b) Repeated offenses two or more times;
c) Unjustly gaining benefits of VND 300 million or more;
d) Causing damage to the trademark or geographical indication owner of VND 500 million or more;
e) Infringing goods valued at VND 500 million or more.
3. Offenders may also be fined from VND 20 million to VND 200 million, prohibited from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years.
4. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Engaging in any of the acts specified in paragraph 1 of this article on a commercial scale or gaining unjust benefits from VND 200 million to less than VND 300 million, or causing damage to the trademark or geographical indication owner from VND 300 million to less than VND 500 million, or infringing goods valued from VND 300 million to less than VND 500 million; gaining unjust benefits from VND 100 million to less than VND 200 million, or causing damage to the trademark or geographical indication owner from VND 100 million to less than VND 300 million, or infringing goods valued from VND 100 million to less than VND 300 million but having been administratively fined for any of the acts specified in this article or previously convicted of this offense, with the conviction not yet expunged and the offender still violating, shall be fined from VND 500 million to VND 2 billion;
b) Committing offenses as stipulated in paragraph 2 of this article shall be fined from VND 2 billion to VND 5 billion or suspended from operation for a period from 6 months to 2 years;
c) Commercial legal entities may also be fined from VND 100 million to VND 500 million, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Criminal offense of Producing and Trafficking Fake Food Products and Food Additives (Article 193 of the Penal Code)
1. Anyone who produces or traffics fake food products, food, or food additives shall be sentenced to imprisonment from 2 to 5 years.
2. Offenses falling into one of the following cases shall be sentenced to imprisonment from 5 to 10 years:
a) Organized offenses;
b) Having a professional nature;
c) Committing dangerous recidivism;
d) Abusing position or powers;
e) Exploiting the name of an authority or organization;
f) Trafficking across borders;
g) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from VND 150 million to less than VND 500 million;
h) Unjustly gaining benefits from VND 100 million to less than VND 500 million;
i) Causing injuries or damages to the health of others, with a body injury ratio from 31% to 60%;
j) Causing property damage from VND 100 million to less than VND 500 million.
3. Offenses falling into one of the following cases shall be sentenced to imprisonment from 10 to 15 years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value of VND 500 million or more;
b) Unjustly gaining benefits from VND 500 million to less than VND 1.5 billion;
c) Causing property damage from VND 500 million to less than VND 1.5 billion;
d) Causing death;
e) Causing injuries or damages to the health of others, with a body injury ratio of 61% or more;
f) Causing injuries or damages to the health of two or more people, with a total body injury ratio of these individuals from 61% to 121%.
4. Offenses falling into one of the following cases shall be sentenced to imprisonment from 15 to 20 years or life imprisonment:
a) Unjustly gaining benefits of VND 1.5 billion or more;
b) Causing property damage of VND 1.5 billion or more;
c) Causing the death of two or more people;
d) Causing injuries or damages to the health of two or more people, with a total body injury ratio of these individuals being 122% or more.
5. Offenders may also be fined from VND 20 million to VND 100 million, banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years, or have a portion or the entire property seized.
6. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Offenses falling into the cases specified in paragraph 1 of this article shall be fined from VND 1 billion to VND 3 billion;
b) Offenses falling into one of the cases specified in points a, b, c, e, g, h, i, and k of paragraph 2 of this article shall be fined from VND 3 billion to VND 6 billion;
c) Offenses falling into the cases specified in paragraph 3 of this article shall be fined from VND 6 billion to VND 9 billion;
d) Offenses falling into the cases specified in paragraph 4 of this article shall be fined from VND 9 billion to VND 18 billion or suspended from operation for a period from 6 months to 3 years;
e) Offenses falling into the cases specified in Article 79 of this Code shall be permanently suspended from operation;
f) Commercial legal entities may also be fined from VND 100 million to VND 300 million, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Criminal offense of Producing and Trafficking Counterfeit Medicines for Treatment and Prevention (Article 194 of the Penal Code)
1. Anyone who produces or traffics counterfeit medicines for treatment and prevention shall be sentenced to imprisonment from 2 to 7 years.
2. Offenses falling into one of the following cases shall be sentenced to imprisonment from 5 to 12 years:
a) Organized offenses;
b) Having a professional nature;
c) Committing dangerous recidivism;
d) Abusing position or powers;
e) Exploiting the name of an authority or organization;
f) Trafficking across borders;
g) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from VND 150 million to less than VND 500 million;
h) Unjustly gaining benefits from VND 100 million to less than VND 500 million;
i) Causing injuries or damages to the health of others, with a body injury ratio from 31% to 60%;
j) Causing property damage from VND 100 million to less than VND 500 million.
3. Offenses falling into one of the following cases shall be sentenced to imprisonment from 12 to 20 years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value of VND 500 million or more;
b) Unjustly gaining benefits from VND 500 million to less than VND 2 billion;
c) Causing death;
d) Causing injuries or damages to the health of others, with a body injury ratio of 61% or more;
e) Causing injuries or damages to the health of two or more people, with a total body injury ratio of these individuals from 61% to 121%;
f) Causing property damage from VND 500 million to less than VND 1.5 billion.
4. Offenses falling into one of the following cases shall be sentenced to imprisonment for 20 years, life imprisonment, or death penalty:
a) Unjustly gaining benefits of VND 2 billion or more;
b) Causing the death of two or more people;
c) Causing injuries or damages to the health of two or more people, with a total body injury ratio of these individuals being 122% or more;
d) Causing property damage of VND 1.5 billion or more.
5. Offenders may also be fined from VND 20 million to VND 100 million, banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years, or have a portion or the entire property seized.
6. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Offenses falling into the cases specified in paragraph 1 of this article shall be fined from VND 1 billion to VND 4 billion;
b) Offenses falling into one of the cases specified in points a, b, c, e, g, h, i, and k of paragraph 2 of this article shall be fined from VND 4 billion to VND 9 billion;
c) Offenses falling into the cases specified in paragraph 3 of this article shall be fined from VND 9 billion to VND 15 billion;
d) Offenses falling into the cases specified in paragraph 4 of this article shall be fined from VND 15 billion to VND 20 billion or suspended from operation for a period from 1 year to 3 years;
e) Offenses falling into the cases specified in Article 79 of this Code shall be permanently suspended from operation;
f) Commercial legal entities may also be fined from VND 100 million to VND 300 million, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Criminal offense of Producing and Trafficking Counterfeit Goods for Animal Feed, Fertilizers, Veterinary Drugs, Plant Protection Drugs, Crop Seeds, and Animal Breeds (Article 195 of the Penal Code)
1. Anyone involved in the production or trade of counterfeit goods for animal feed, fertilizers, veterinary drugs, plant protection drugs, crop seeds, and animal breeds falling into the following cases shall face a fine ranging from 100 million VND to 1 billion VND or imprisonment from 1 to 5 years: a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from 30 million VND to less than 150 million VND, or less than 30 million VND but previously fined for administrative violations related to the behaviors specified in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196, and 200 of this Code or has been convicted of one of these crimes, with the conviction not yet expunged and further violations committed; b) Causing property damage from 100 million VND to less than 500 million VND; c) Unjustly gaining benefits from 50 million VND to less than 100 million VND.
2. Offenses falling into one of the following cases shall be sentenced to imprisonment from 5 to 10 years:
a) Organized offenses;
b) Having a professional nature;
c) Committing dangerous recidivism;
d) Abusing position or powers;
e) Exploiting the name of an authority or organization;
f) Trafficking across borders;
g) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from 150 million VND to less than 500 million VND;
h) Causing property damage from 500 million VND to less than 1.5 billion VND;
i) Unjustly gaining benefits from 100 million VND to less than 500 million VND.
3. Offenses falling into one of the following cases shall be sentenced to imprisonment from 10 to 15 years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value of 500 million VND or more;
b) Causing property damage from 1.5 billion VND to less than 3 billion VND;
c) Unjustly gaining benefits from 500 million VND to less than 2 billion VND.
4. Offenses falling into one of the following cases shall be sentenced to imprisonment from 15 to 20 years:
a) Causing property damage of 3 billion VND or more;
b) Unjustly gaining benefits of 2 billion VND or more.
5. Offenders may also be fined from 20 million VND to 100 million VND, banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years, or have a portion or the entire property seized.
6. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Offenses falling into the cases specified in paragraph 1 of this article shall be fined from 1 billion VND to 3 billion VND;
b) Offenses falling into one of the cases specified in points a, b, d, e, g, h, i of paragraph 2 of this article shall be fined from 3 billion VND to 6 billion VND;
c) Offenses falling into the cases specified in paragraph 3 of this article shall be fined from 6 billion VND to 9 billion VND or suspended from operation for a period from 6 months to 3 years;
d) Offenses falling into the cases specified in paragraph 4 of this article shall be fined from 9 billion VND to 15 billion VND or suspended from operation for a period from 6 months to 3 years;
e) Offenses falling into the cases specified in Article 79 of this Code shall be permanently suspended from operation;
f) Commercial legal entities may also be fined from 50 million VND to 200 million VND, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Criminal offense of Producing and Trafficking Counterfeit Goods (Article 192 of the Penal Code)
1. Individuals engaged in the production or trade of counterfeit goods falling into the following cases, if not covered by the provisions in Articles 193, 194, and 195 of this Code, shall be fined from 100 million VND to 1 billion VND or imprisoned from 1 to 5 years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from 30 million VND to less than 150 million VND, or less than 30 million VND but previously fined for administrative violations related to the behaviors specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code, or has been convicted of one of these crimes, with the conviction not yet expunged and further violations committed;
b) Causing injuries or harm to the health of others with a body damage ratio from 31% to 60%;
c) Unjustly gaining benefits from 50 million VND to less than 100 million VND;
d) Causing property damage from 100 million VND to less than 500 million VND.
2. Offenses falling into one of the following cases shall be sentenced to imprisonment from 5 to 10 years:
a) Organized offenses;
b) Having a professional nature;
c) Abusing position or powers;
d) Exploiting the name of an authority or organization;
e) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value from 150 million VND to less than 500 million VND;
f) Unjustly gaining benefits from 100 million VND to less than 500 million VND;
g) Causing death;
h) Causing injuries or harm to the health of others with a body damage ratio of 61% or more;
i) Causing injuries or harm to the health of 2 or more persons with a total body damage ratio from 61% to 121%;
k) Causing property damage from 500 million VND to less than 1.5 billion VND;
l) Trafficking across borders;
m) Committing dangerous recidivism.
3. Offenses falling into one of the following cases shall be sentenced to imprisonment from 7 to 15 years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features, having a value of 500 million VND or more;
b) Unjustly gaining benefits of 500 million VND or more;
c) Causing death to 2 or more persons;
d) Causing injuries or harm to the health of 2 or more persons with a total body damage ratio of 122% or more;
e) Causing property damage of 1.5 billion VND or more.
4. Offenders may also be fined from 20 million VND to 50 million VND, banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years, or have a portion or the entire property seized.
5. Commercial legal entities committing offenses as stipulated in this article shall be fined as follows:
a) Offenses falling into the cases specified in paragraph 1 of this article shall be fined from 1 billion VND to 3 billion VND;
b) Offenses falling into one of the cases specified in points a, b, d, e, g, h, i, k, l, and m of paragraph 2 of this article shall be fined from 3 billion VND to 6 billion VND;
c) Offenses falling into the cases specified in paragraph 3 of this article shall be fined from 6 billion VND to 9 billion VND or suspended from operation for a period from 6 months to 3 years;
d) Offenses falling into the cases specified in Article 79 of this Code shall be permanently suspended from operation;
e) Commercial legal entities may also be fined from 50 million VND to 200 million VND, prohibited from business activities, operating in certain fields, or mobilizing capital for 1 to 3 years.
Cases of Intellectual Property Infringement in Vietnam
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