Administrative sanction applicable to production and selling of fake and prohibited goods

From 15 October 2020, the new regulation of administrative sanction with fake and prohibited goods has been effective.

The Government issued Decree No. 98/2020/ND-CP prescribing penalties for administrative violations against regulations on commerce, production and trade in fake and prohibited goods, and protection of consumer rights. In which, the highlighted parts regarding the production and selling of goods are as follows:

  • Regarding the production of prohibited goods, a fine up to VND400,000,000 shall be applicable. Besides, the act of selling such goods shall suffer a maximum fine at VND200,000,000. The prohibited goods includes prohibited plant protection products; smuggled cigarettes; or firecrackers.
  • Regarding the fake goods, the selling of such goods shall suffer the fine from VND2,000,000 to VND140,000,000. On the contrary, the production of fake goods shall be considered as a violation. The fine range applies for such as is from VND10,000,000 to VND200,000,000 based on the value of goods.
  • Notably, the act of selling smuggled goods might face a fine up to VND50,000,000. The fine range shall be doubled for the violation towards the goods related to plant protection products; cosmetics; food.

In summary, the organization violates the law by selling or producing counterfeit or prohibited goods must comply with the administrative sanction. The fine applicable to individual shall be a half of the above range.

sanction applicable to production and selling of fake and prohibited goods

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