IP/N/1/VNM/O/6  
 
16 October 2013  
(13-5664)  Page: 1/10  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
VIET NAM 
This document reproduces the text1 of the unofficial translation of Circular No. 12/2008/TT-BCT 
guiding the order of and procedures for the market management offices to receive and accept for 
settlement written requests for handling of administrative violations in the field of intellectual property, as notified by Viet Nam on 14 Au gust 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/VNM/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
VIET NAM 
Le présent document contient le texte1 d e  l a  t r a d u c t i o n  n o n  o f f i c i e l l e  d e  l a  C i r c u l a i r e  
n° 12/2008/TT-BCT établissant les procédures devant être suivies par les autorités de gestion des 
marchés pour recevoir et examiner les demandes écrites concernant le règlement des infractions 
administratives dans le domaine de la propriété intellectuelle, notifié par le Viet Nam le 14 août 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VNM/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
VIET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial de la Circular 
Nº 12/2008/TT-BCT, que establece directrices sobre el orden y procedimiento para la recepción y admisión a trámite por los organismos de vigilancia del mercado de solicitudes escritas para el 
tratamiento de infracciones administrativas en la esfera de la propiedad intelectual, notificado por 
Viet Nam el 14 de agosto de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/5). 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/O/6 
 
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THE MINISTRY OF INDUSTRY 
AND TRADE 
-------  SOCIALIST REPUBLIC  OF VIET NAM 
Independence - Freedom – Happiness 
---------  
No. 12/2008/TT-BCT Hanoi, October 22, 2008  
  
CIRCULAR  
GUIDING THE ORDER OF AND PROCEDURES FOR THE MARKET MANAGEMENT OFFICES TO 
RECEIVE AND ACCEPT FOR SETTLEMENT WR ITTEN REQUESTS FOR HANDLING OF 
ADMINISTRATIVE VIOLATIONS IN TH E FIELD OF INTELLECTUAL PROPERTY  
 Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, 
defining the functions, tasks, powers and organiza tional structure of the Ministry of Industry and 
Trade; 
Pursuant to the November 29,2005 Intellectual Property Law and the Government's Decree 
No. 100/2006/ND-CP of September 21, 2006, detailing the im plementation of a number of articles 
of the Civil Code and the Intellectual Property Law regarding copyright and related rights; Decree 
No. 103/2006/ND-CP of September 22, 2006, deta iling and guiding the implementation of a 
number of articles of the Intellectual Property  Law regarding industrial property; Decree 
No. 105/2006/ND-CP of September 22, 2006, deta iling and guiding the implementation of a 
number of articles of the Intellectual Property La w regarding protection of intellectual property 
rights and regarding state management of inte llectual property; Decree No. 106/2006/ND-CP of 
September 22, 2006, on sanctioning of administrative violations in the domain of industrial 
property; and Decree No. 56/2006/ND-CP of June 6, 2006, on sanctioning of administrative 
violations in the domain of culture and information; 
Pursuant to the 2002 Ordinance on Handling of Administrative Violations and the 
April 2, 2008 Ordinance Amending and Supplementing  a Number of Articles of the Ordinance on 
Handling of Administrative Violations; 
The Ministry of Industry and Trade guides the order of and procedures for the Market 
Management Offices to receive and accept for settlement cases of administrative violation in the 
field of intellectual property as follows: 
 
I. GENERAL PROVISIONS  
1. Scope and subjects of application 
a. Scope of application: This Circular guides the order of and procedures for the Market Management Force to 
receive and accept written requests for handling of infringements and cases of infringement of 
intellectual property rights or cases involving goods bearing counterfeit marks or geographical 
indications or illegal reproduction of copyrighted materials in the domestic market under Article 27 
of the Government's Decree No. 105/2006/ND-CP, detailin g and implementation of a number of 
articles of the Intellectual Property Law regarding protection of intellectual property rights and 
regarding state management of intellectual pr operty; and Articles 20, 21, 22 and 23 of the 
Government's Decree No. 106/2006/ND-CP, on sanctioning of administrative violations in the field 
of industrial property. 
b. Subjects of application: The Market Management Offices at all levels, officers and public employees of the market 
management force who conduct the inspection, control and handling of administrative violations in 
the field of intellectual property, and other conc erned agencies, organizations and individuals. IP/N/1/VNM/O/6 
 
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  2. Principles for inspection and handling of  administrative violations in the field 
of intellectual property 
a. Regarding infringements of rights: Acts infringing upon intellectual property rights shall only be handled in the following 
cases: 
- Rights holders or their lawful representatives (below collectively referred to as rights 
holders) request the handling of these acts under Point c, Clause 1, Article 198 of the Intellectual 
Property Law and Clause 4, Arti cle 21 of Decree No. 105/2006/ND-CP; 
- Organizations or individuals that suffer damage caused by or detect acts infringing upon 
intellectual property rights, which cause damage to consumers or the society and involve food, foodstuffs, preventive and curative medicines, live stock feed, fertilizers, veterinary drugs, plant 
protection drugs, plant varieties and animal breeds, request the handling of infringing acts under 
Point a, Clause 1, Article 211 of the Intellectual Property Law. 
b. Regarding counterfeit goods: 
Acts of trading in goods bearing counterfeit marks or geographical indications or illegally 
reproducing cultural and information products (below collectively referred to as counterfeit goods) shall be handled in the following cases: 
- Rights holders make petitions or denunciations against acts of manufacturing or trading 
in counterfeit goods, requesting the handling thereof under Clause 1, Article 198 of the Intellectual Property Law; 
- Organizations or individuals that suffer from  damage or detect acts of manufacturing or 
trading in counterfeit goods which cause damage to consumers or the society denounce these acts 
under Clause 2, Article 198, and Points c and d, Clause 1, Article 121 of the Intellectual Property Law; 
- The Market Management Offices may take the initiative in inspecting and handling acts of 
trading in counterfeit goods without requests of rights holders or individuals or organizations with related rights and interests as specified in Article 24 of Decree No. 106/2006/ND-CP. 
3. Regarding the responsibility to direct  and the competence to decide on the 
inspection and handling of infringements 
a. The Market Management Department shall pr ovide professional guidance to and direct 
Market Management Sub-Departments of provinces or centrally run cities (below referred to as 
provincial-level Market Management Sub-Departments) in inspecting and handling acts infringing 
upon rights or trading in intellectual property counterfeit goods. 
The director of the Market Management Department shall decide on the inspection and 
handling of acts infringing upon rights or trading in intellectual property counterfeit goods falling 
under his/her competence nationwide. 
b. Provincial-level Market Management Sub- Departments shall direct and professionally 
guide their attached Market Management Teams in conducting the inspection of acts infringing 
upon rights or trading in intellectual property counterfeit goods; 
Directors of provincial-level Market Management Sub-Departments shall decide on the 
inspection and handling of acts infringing upon rights or trading in intellectual property counterfeit 
goods falling under their competence. 
c. Heads of Market Management Teams shall de cide on the inspection and handling of acts 
of administrative violation falling under their competence specified at Point b, Clause 2, Section I; 
Article 24 of Decree No. 106/2006/ND-CP; Clause 3, Section II, for acts causing damage to 
consumers and the society, and Point a, Clause 4, Section II; 
Heads of Market Management Teams shall enforc e inspection decisions of provincial-level 
Market Management Sub-Departments and sanction administrative violations according to their 
competence. 
d. Presidents of provincial- or district-level People's Committees are competent to sanction 
administrative violations in the domain of industrial property in their respective localities under 
Article 19 of Decree No. 106/2006/ND-CP. IP/N/1/VNM/O/6 
 
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  4. Cases in which written requests are not accepted 
The Market Management Offices at all levels may refuse to receive, accept and settle 
written requests for handling of acts infringing upon rights or trading in intellectual property counterfeit goods in the following cases: 
a. Cases of infringement have been accepted for handling by other agencies competent to 
handle infringements with administrative, criminal or civil measures, unless rights holders are instituting or have instituted legal actions at a civil tribunal only to claim for damages; 
b. Cases involve disputes over or complaints about rights holders, the protectability and 
scope of protection of intellectual property rights; 
c. Cases show signs of crime, dossiers of whic h must be transferred to competent agencies 
for criminal investigation and prosecution; 
d. The statute of limitations for sanctioning acts of infringing upon rights (two years after 
these acts are committed) has expired; 
e. Cases fall beyond the Market Management Office's competence; 
f. Requesters for handling of infringements fail to additionally supply documents or 
evidence necessary for proving the capacity of ri ghts holders and infringement-handling requesters 
and acts of infringement specified in Article 21 of Decree No. 106/2006/ND-CP within 30 days after 
receiving notices of the Market Management Offi ce requesting these additional documents or 
evidence. 
5. Time limit for acceptance and handling of cases of violation The time limit for acceptance and handling of cases of violation complies with Articles 66, 
67 and 71 of the Law on Complaints and Denunciations. 
6. Reporting responsibility Within 2 working days, market management offices shall duplicate and send their decisions 
on sanctioning of first-time administrative violations in the field of intellectual property to their 
superior for monitoring, superv ision and professional guidance. For deep-lying and remote 
localities, that time limit is five working days. 
 
II. ORDER OF AND PROCEDURES FOR RECEIVING  
AND ACCEPTING WR ITTEN REQUESTS 
 
1. Requirements on preliminary dossiers 
a. A dossier filed by a rights holder requesti ng the handling of an infringement comprises: 
- A written request for handling which contains all the details specified in Article 22 of 
Decree No. 105/2006/ND-CP; 
- The business registration certificate (if the requester has made business registration in 
Vietnam); 
- Documents and evidence required to be su pplied by the organization or individual 
requesting the handling and those concerning the co ntents of the request specified in Articles 23, 
24 and 25 of Decree No. 105/2006/ND-CP; 
- Assessment results (if any); 
- If the case involves a recidivist who has been handled by a criminal tribunal or another 
competent agency, the dossier must be enclosed with a notarized copy of the effective court ruling or judgment or the sanctioning decision of another competent agency. 
b. A dossier filed by an organization or individual suffering damage caused by or detecting 
an act of infringing upon rights comprises: 
- A denunciation and a written request for handling which contains all the details specified 
in Article 22 of Decree No. 105/2006/ND-CP; IP/N/1/VNM/O/6 
 
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  - The business registration certificate (if the requester has made business registration in 
Vietnam); 
- Evidence proving the damage specified at Point d, Clause 1, Article 23 of Decree 
No. 105/2006/ND-CP; 
- Results of damage assessment (if any). 
c. A dossier of denunciation against an act of manufacturing or trading in intellectual 
property counterfeit goods comprises: 
- A denunciation and a written request for handling which contains all the details specified 
in Article 22 of Decree No. 105/2006/ND-CP; 
- Evidence and exhibits being counterfeit goods specified at Point e, Clause 1, Article 23 of 
Decree No. 105/2006/ND-CP. 
d. A dossier prepared by the Market Management Office for an act of manufacturing or 
trading in intellectual property counterfeit goods comprises: 
- A written petition supplying uncovered information on and evidence of the act of 
manufacturing or trading in intellectual property counterfeit goods; 
- Results of verification and supply of evidence by the Police (if any); - Results of assessment and consultation betw een the Market Management Office and the 
Intellectual Property Office (if any); 
e. A dossier transferred from a subordinate office comprises: A preliminary dossier transferred from a market management office to its superior office to 
request the handling of a case of infringement must  satisfy the requirements guided at Point a, b, 
c or d, Clause 1, Section II for each type of case  and be enclosed with a dossier transfer paper and 
a written petition of the market management office. 
f. In case the Market Management Office  detects acts infringing upon rights: 
- The Market Management Office that detects acts infringing upon intellectual property 
rights shall notify rights holders thereof and guid e them in carrying out the specified procedures. If 
rights holders request the handling of these acts, it shall handle them under Point a, Clause 1, 
Section II; 
- The Market Management Office that detects acts infringing upon intellectual property 
rights and causing damage to the society and consumers as specified at Point a, Clause 1, Article 211 of the Intellectual Property Law and involving infringing goods listed at Point d, 
Clause 1, Article 23 of Decree No. 105/2006/ND-CP shall collect evidence to prove the damage and 
make preliminary dossiers under Point b, Clause 1, Section II (excluding denunciations, handling requests and business registration certificates). 
2. Order of receipt and processing of dossiers and issuance of inspection 
decisions 
a. Responsibility to receive dossiers of request for handling of violations: 
The Market Management Offices at all levels, including the Market Management 
Department (under the Industry and Trade Minist ry), provincial-level Market Management Sub-
Departments (under provincial-level Industry an d Trade Services) and Market Management Teams, 
shall receive dossiers of request for handling of acts infringing upon rights and intellectual property 
counterfeit goods in the following order: 
- For first-time infringing acts: A first-time infringing act means an act infringing upon rights to a certain goods and 
subject to the handling requested for the first time by a rights holder. 
In case a rights holder files a dossier to request a Market Management Team to handle a 
first-time infringing act, the latter shall guide the rights holder in filing a dossier of request for 
handling of the infringing act with the provincial-level Market Management Sub-Department or 
receive the rights holder's dossier before transferri ng it to the provincial-level Market Management 
Sub-Department. IP/N/1/VNM/O/6 
 
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  In case the Market Management Team receives the dossier, it shall transfer, within 
2 working days, the whole dossier to the provincial-level Market Management Sub-Department and, at the same time, notify the rights holder  of the dossier transfer. For Market Management 
Teams in deep-lying and remote areas, the time limit for dossier transfer is 5 working days. 
- For cases of intellectual property counterfeit: Market Management Teams shall receive 
dossiers and accept these cases for handling under Article 24 of Decree No. 106/2006/ND-CP. 
For violations already handled and infringing acts causing damage to consumers or the 
society: Market Management Teams shall receive dossiers and accept these cases for handling 
under Clause 4, Section II and Point a, Clause 5, Section II. 
- The Market Management Department and provincial-level Market Management Sub-
Departments shall receive and handle all preliminary dossiers of request for handling of acts 
infringing upon rights and intellectual property counterfeit goods. 
b. Examination of dossiers: Upon receiving dossiers, the Market Manage ment Office shall check and examine them 
under Clause 1, Article 20 of Decree No. 106/2006/ND-CP. Within 10 days after receiving a dossier 
of request, the Market Management Office shall examine and: 
- Guide the requester in filing his/her/its written request with a competent agency, or 
transfer the received dossier to a competent agency  for handling if the preliminary dossier filed by 
a rights holder contains a request for handling of an infringing act and counterfeit goods which fall beyond its handling competence; 
After transferring the dossier to another compet ent agency, it shall notify the rights holder 
of such transfer. 
- Notify in writing the rights holder of the fact that his/her/its preliminary dossier is invalid 
under Clause 1, Section II of this Circular, requesting the additional supply of necessary 
documents and evidence; 
When the rights holder supplements the dossier as requested, it shall check and record the 
list of supplied documents and evidence acco rding to the procedures it has prescribed. 
- Reject the dossier and guide the rights holder in filing the request with another 
competent agency for handling in case the preliminary dossier filed by the rights holder contains documents and evidence showing a dispute between the rights holder and an organization or individual requested to be handled or a dispute between the rights holder and a third party on the 
capacity of the rights holder, the protectability and scope of protection of intellectual property 
rights, on which no final conclusion has been made by a competent agency; 
- Check and record the list of documents and evidence in the preliminary dossier according 
to the procedures it has prescribed in case this preliminary dossier is transferred from a 
subordinate Market Management Office which is professionally incapable to complete the dossier; 
- Check and record the list of documents and evidence in the dossier according to the 
procedures it has prescribed in case this dossier is transferred from another competent agency and 
falls under its handling competence; 
- Notify, upon receiving the dossier, the rights holder of the receipt so that the latter can 
make a request for handling of a violation and additionally supply evidence of the violation in the 
dossier, for dossiers specified at Points b, c, d and e, Clause 1, Section II. 
c. Processing of valid dossiers by provincial -level Market Management Sub-Departments or 
Market Management Teams 
Based on a valid dossier of request for handling of an infringing act or counterfeit goods, a 
provincial-level Market Management Sub-Departme nt or Market Management Team shall carry out 
the following steps: 
- In case of dossier processing by a provin cial-level Market Management Sub-Department: 
After receiving the dossier, the Sub-Department shall examine and add evidence or request the 
dossier submitter to add evidence; invite experts to make assessment (if any); exchange professional opinions with concerned agencies or the state management agency in charge of 
intellectual property (when necessary), complete the dossier, issue an inspection decision and IP/N/1/VNM/O/6 
 
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  organize the enforcement of this decision or auth orize a Market Management Team to organize the 
enforcement; 
-  In case of dossier processing by a Market Management Team: After receiving the 
dossier, the Market Management Team shall exam ine and add evidence or request the dossier 
submitter to add evidence; invite experts to ma ke assessment (if any); exchange professional 
opinions with concerned agencies or the state management agency in charge of intellectual property (when necessary), complete the dossier, issue an inspection decision and organize the 
enforcement of this decision. 
- Inspection at the infringing establishment:  The provincial-level Sub-Department or the 
Market Management Team shall conduct the inspection according to the order and procedures specified in the Ordinance on Handling of Administrative Violations, the Government's Decrees 
No. 134/2003/ND-CP, No. 105/2006/ND-CP and No. 106/2006/ND-CP, and the professional 
procedures of the Market Management Office; 
For infringing acts committed or counterfeit goods found in other localities, which have 
been accepted and handled in their localiti es, provincial-level Market Management Sub-
Departments shall send copies of complete dossiers to provincial-level Market Management Sub-Departments in other localities for coordinated inspection and handling; 
For infringing acts or counterfeit goods falling beyond their sanctioning competence, 
provincial-level Market Management Sub- Departments shall transfer dossiers to 
provincial/municipal People's Committees or the Market Management Department for sanctioning. 
- Cases in which copies of case dossiers shall be transferred to superior Market 
Management Offices: 
+ For first-time violations accepted for handling by Market Management Teams: Within 
five working days after issuing an inspection decision, a Market Management Team shall send a 
certified copy of the inspection decision and th e case dossier to the provincial-level Market 
Management Sub-Department (the Market Management Team shall certify the dossier with its own seal). 
On a case-by-case basis, the provincial-level Market Management Sub-Department shall, 
within 20 working days, issue a written notice of infringement and direct the inspection in its province or city or in the locality where the infringement was committed. At the same time, it shall notify the infringement to other enforcement agencies for coordinated handling when finding it 
necessary. 
+ For first-time infringements accepted for handling by provincial-level Market 
Management Sub-Departments or transferred from Market Management Teams: Within 10 working 
days after issuing an inspection decision, a prov incial-level Market Management Sub-Department 
shall send a certified copy of the inspection decision and the case dossier to the Market 
Management Department (the provincial-level Market Management Sub-Department shall certify 
the dossier with its own seal). 
Depending on each case specified at Point d, Clause 2, Section II (cases in which an 
infringing act is committed or counterfeit goods is found in many provinces or cities), the Market Management Department shall, within 30 working days, issue an inspection decision or a written 
notice of infringement or a document to direct the inspection throughout the country or in localities 
where the infringement was committed. At the same time, it shall notify the infringement to other enforcement agencies for coordinated handling when finding it necessary; 
- Cases in which a provincial-level Market Management Sub-Department transfers the 
whole dossier of a case of infringement to the Market Management Department for acceptance and handling: 
+ The case of infringement or the counterfeit goods involves many complicated 
circumstances; 
+ Opinions on the case are divergent; + The case involves many agencies or is committed in many provinces or cities; 
+ The case has insufficient elements to constitute a violation and after the involved parties 
have been guided to bring the case to court the rights holder still lodges a complaint requesting the issuance of a sanctioning decision. IP/N/1/VNM/O/6 
 
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  A dossier must comprise written opinions on the case and proposals of the director of the 
provincial-level Market Management Sub-Departme nt and be enclosed with copies of relevant 
documents. 
d. Processing of valid dossiers by the Market Management Department: 
- Inspection decisions: The Market Management Department shall examine dossiers it 
directly receives or transferred by provincial-l evel Market Management Sub-Departments and add 
evidence or request dossier submitters to add evidence; invite experts to make assessment (if 
any); exchange professional opinions with concer ned agencies or state management agencies in 
charge of intellectual property (when necessary), complete dossiers and issue inspection decisions; 
- Inspection: The Market Management Departme nt shall assign provincial-level Market 
Management Sub-Departments to enforce its director's inspection decisions in provinces or cities 
where infringing establishments operate: 
-   The Market Management Department shall issue a document to direct the inspection or 
a decision on inspection in many provinces or cities or throughout the country in case of an 
infringing act committed or counterfeit act found in many provinces or cities and assign concerned 
provincial-level Market Management Sub-Departments to conduct the inspection; 
- For cases requested to be handled as infringements or counterfeit goods but concluded 
by the Market Management Office as involving no infringing elements or being not counterfeits and 
if there are insufficient grounds for sanctioning administrative violations but involved parties still lodge complaints and request the sanctioning of violations, the Market Management Department 
shall guide involved parties to bring their cases to court for handling. 
3. In case infringements cause damage to consumers or society 
In case the Market Management Office detects infringing acts causing damage to 
consumers or society specified at Point a, Clause 1, Article 211 of the 2005 Intellectual Property 
Law (infringing goods are food, foodstuffs, preven tive and curative medicines, livestock feed, 
fertilizers, veterinary drugs, plant protection dr ugs, plant varieties and animals harmful to human 
health, livestock or the environment), the Market Management Office shall handle acts of 
administrative violation under relevant current re gulations. For acts infringing upon rights, the 
Market Management Office shall inspect and handle them without having to send prior notices to rights holders. In case of necessity to collect information on and evidence of infringements, the 
Market Management Office may request rights holders or concerned agencies to supply them. 
4. Cases of suspension of handling 
The Market Management Office shall temporarily suspend the processing of valid dossiers, 
issuance of inspection decisions, conducting of in spection or preparation for issuance of decisions 
on sanctioning of administrative violations in the field of intellectual property in the following 
cases: 
a. Rights holders and other persons who have filed valid written requests for handling 
notify in writing the Market Management Office of their wishes to withdraw their requests or that 
involved parties have agreed to apply other measur es to settle infringement cases (except cases of 
manufacture of or trading in goods bearing counterfeit marks or geographical indications which cause damage to consumers and society);  
b. Any dispute specified at Points a and b, Clause 4, Section I of this Circular arises. 
In case of a decision on suspension of the insp ection specified at Points a and b, Clause 4, 
Section I of this Circular: the Market Management Office currently handling the case shall make a 
written record of the number and actual conditions of exhibits as a basis for the handling after 
obtaining a final handling decision of a competent agency. 
The handling of temporarily seized exhibits upon  issuance of a decision on suspension of 
inspection and handling is as follows: 
In case the Market Management Office has decided on the temporary seizure of exhibits, 
these exhibits shall be returned to their owners af ter the jobs specified at this Point are performed. 
In case the Market Management Office has decided on the temporary seizure of exhibits at 
the request of parties that have filed written reques ts for handling, these exhibits shall continue to 
be kept in custody if handling requesters file further written requests for handling and commit to 
bear material responsibility for handling conseq uences. If handling requesters file no further IP/N/1/VNM/O/6 
 
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  written requests for handling, exhibits shall be retu rned to their owners after the jobs specified at 
this Point are performed; 
c. The two-year statute of limitations has expired; d. No infringing act described in written requ ests for handling is found through inspection; 
e. Competent agencies make written conclusions that there are not enough grounds for 
handling. 
5. Procedures for handling cases of infrin gement of rights or intellectual property 
counterfeit which have been handled 
a. For infringements which have been handled: An infringement which has been handled is an act infringing upon rights or counterfeiting 
intellectual property to a certain goods and having been handled for the first time by the Market 
Management Office or by a court under a judgment or by another enforcement agency. 
If the Market Management Office at a level detects that infringing acts involved in cases of 
infringement of rights which have been handled are still committed in the market, it may inspect 
and apply measures to sanction administrative violations under current regulations. 
The Market Management Office shall handle cases of infringement which have been 
handled and involve acts of trading in intellectual property counterfeit goods under Article 24 of 
Decree No. 106/2006/ND-CP. 
b. When detecting that acts of trading in g oods bearing counterfeit marks or geographical 
indications or being unauthorized copies of co pyrighted materials show signs satisfying the 
conditions guided in Joint Circular No. 01/2008/TTLT-TANDTC-VKSNDTC-BCA-BTP of 
February 29, 2008, of the Supreme People's Court,  the Supreme People's Procuracy, the Public 
Security Ministry and the Justice Ministry, guiding the examination of acts infringing upon intellectual property rights for penal liability, the Market Management Office shall transfer dossiers 
to investigative agencies. 
6. Handling of establishments producing infringing goods: a. In case the Market Management Office acce pts and handles a case at the stage of goods 
circulation and has grounds to believe that the production establishment has put infringing goods 
into circulation or on sale, it shall accept the case for handling according to its competence. 
In case this production establishment's act of manufacturing infringing goods is accepted 
and currently handled by another competent agency: 
- The Market Management Office shall refuse to receive, accept and handle acts of 
manufacturing infringing goods as guided in Clause 4, Section I. 
- It shall transfer the case dossier to and coordinate with a competent agency. 
b. If there are insufficient grounds to identify  the act of putting the infringing goods into 
circulation, it shall transfer the dossier or coordinate with a competent agency in accepting and handling the case. 
III. ORGANIZATION OF IMPLEMENTATION  
1. This Circular takes effect 15 days after its publication in "CONG BAO." 2. The Market Management Offices at all levels shall fully comply with the provisions of 
Section II on the order of and procedures for receiving and accepting for handling requests for 
handling of administrative violations against intellectual property counterfeit goods and acts 
infringing upon rights specified in this Circular. 
3. The director of the Market Management Department shall organize and direct the 
implementation and inspect the observance of the provisions of this Circular in order to ensure the 
uniform implementation within the sector and in accordance with law. 
4. Immediate superiors of persons competent to handle administrative violations shall 
inspect the handling of administrative violations by their subordinates. IP/N/1/VNM/O/6 
 
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  Provincial-level Market Management Sub- Departments and Market Management Teams 
shall monitor, guide and inspect the implementation  of procedures for them to receive and accept 
for handling requests for handling of administrative violations in the field of intellectual property. 
5. Follow-up activities after the handling of administrative violations: 
- After completing the handling of cases, heads of Market Management Teams or directors 
of provincial-level Market Management Sub-Depart ments shall direct market management officers 
in directly accepting the cases and keeping dossier s of handling of administrative violations under 
law; 
- The destruction of invalid documents shall be conducted only under written decisions of 
competent persons. 
6. Any problems arising in the course of impl ementation should be reported by concerned 
organizations and individuals to the Ministry of Industry and Trade for timely study, consideration 
and adjustment. 
   FOR THE MINISTER OF INDUSTRY AND TRADE  
VICE MINISTER 
  
 
 
Nguyen Cam Tu  
 
__________