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The
Criminal Code of the Socialist Republic of Vietnam
passed
by the National Assembly on December 21st
1999
effective
from July 1st 2000
- The penalty of imprisonment of six months to five years shall be imposed
on any person who produces and sells counterfeit goods:
i.
of a quality equivalent to genuine
goods valued from D30 million to D150 million (US$2133.56-US$7111.87),
or
ii.
of a quality equivalent to genuine
goods valued at less than D3 million (US$213.35) but involving
serious consequences, or
iii.
who continues to commit the same
violation even though administrative or criminal penalties
have been imposed on that person.
- The penalty for the same crime is from three to 10 years in prison
in especially serious cases and from seven to 15 years in
prison in extremely serious cases.
- The penalty of imprisonment of two years to seven years is for producing
and selling the counterfeits, i.e. foodgrains, foodstuffs,
medicine for treatment and prevention use
- The penalty for the same crime is from five to 12 years in prison
in especially serious cases and up to 20 years, life in
prison or death in extremely serious cases;
- The penalty of a fine ranging from D10 million to D100 million (US$711.19-US$7111.87)
or from one year to five years in prison, shall be imposed
on any person who produces or sells counterfeits, ie foods
for animals, chemical fertilizer, medicine for veterinary
use, pesticide or agrotype in high quantity or involving
serious consequences or punishable by administrative penalties
for the same violations;
- The penalty for the same crime is from three to 10 years in prison
in especially serious cases and from seven to 15 years in
extremely serious cases;
- The penalty of three years re-education without detention or from
six months to three years in prison shall be imposed on
authorities who are competent for granting for IPR protection,
but who commit violations against provisions on grant of
trademark registrations or letters patents involving serious
consequences and were punishable by administration penalties
for the same violations before;
- The penalty of from two to seven years in prison is for the same crime
in especially serious cases;
- The penalty of a fine of D20 million (US$1422.37) to D200 million
(US$14223.70) or reeducation without detention for up to
two years shall be imposed on any person who, for commercial
purposes, appropriates or uses others' protected industrial
property objects illegally involving serious consequences,
punishable by administrative or criminal penalties for the
same violations
- The penalty for the same crime in especially serious cases is from
six months to three years in prison
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