WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/E/1 
8 February 2008 
 (08-0586) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM 
 The present document reproduces the text
1 of Decree No. 106/2006/ND-CP 
of September 22, 2006, Providing for Sanctioning of Administrative Violations in the Domain of 
Industrial Property, notified by Viet Nam unde r Article 63.2 of the Agreement (see document 
IP/N/1/VNM/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES 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 texte
1 du Décret n° 106/2006/ND-CP du 22 septembre 2006, 
prévoyant des sanctions pour les infractions admi nistratives dans le domaine de la propriété 
industrielle, notifié par le Viet Nam au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/VNM/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES 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 del Decreto Nº 106/2006/ND-CP, de 22 de 
septiembre de 2006, que prevé la sanción de las vi olaciones administrativas en el ámbito de la 
propiedad intelectual, notificado por el Viet Nam en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/1). 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/E/1 
Page 2  
 
  DECREE No. 106/2006/ND-CP OF SEPT EMBER 22, 2006, PROVIDING FOR 
SANCTIONING OF ADMINISTRATIVE VI OLATIONS IN THE DOMAIN OF 
INDUSTRIAL PROPERTY 
 
THE GOVERNMENT 
 
Pursuant to the December 25, 2001 Law on Organization of the Government;  Pursuant to the November 29, 2005 Law on Intellectual Property;  Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; 
 
At the proposal of the Minister of Science and Technology, 
 
DECREES: 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1.- Regulation scope and application subjects 
 1. This Decree provides for administrative violations  in the domain of industrial property, sanctioning 
forms and levels, sanctioning competence and procedures as well as remedies. 
 2. Administrative violations in the domain of indus trial property provided for in this Decree include: 
 a/ Violation of legal provisions on state management of industrial property; 
 
b/ Industrial property rights infringements defined in  Clause 1, Article 211 of the Intellectual Property 
Law, including infringement of industrial property rights, causing harms to consumers or society; 
failure to terminate the infringement of industrial pr operty rights in spite of the right holders’ written 
requests for termination; production, import, trans portation of, or trading in, industrial property 
counterfeit goods as prescribed in Article 213 of th e Intellectual Property Law or assigning others to 
commit those violations; production, import, transporta tion of, or trading in, objects bearing marks or 
geographical indications, which are identical or conf usingly similar to the protected ones, or assigning 
others to commit those violations.  3. Domestic or foreign organizations or individual s that commit violations specified in Chapter II of 
this Decree within the territory of the Socia list Republic of Vietnam shall be administratively 
sanctioned according to the provisions of this Decree. When a treaty to which Vietnam is a 
contracting party otherwise provides for, the provisions of that treaty apply. 
 
Article 2.-  Sanctioning principles 
 
1. When committing acts of violation defined in Chapter II of this De cree, individuals or 
organizations shall be administratively sanc tioned in the domain of industrial property. 
 2. When detected, all administrative violations must be stopped immediately. The sanctioning of 
administrative violations must be conducted quick ly, fairly and thoroughly; all consequences of 
administrative violations must be remedied  in accordance with the provisions of law. 
  IP/N/1/VNM/E/1 
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  3. Administrative violations in the domain of i ndustrial property shall be sanctioned by competent 
persons defined in Article 18 of this Decree in strict accordance with the provisions of law on 
sanctioning of administrative violations.  4. A violation shall be sanctioned only once; a pe rson who commits more than one violation shall be 
sanctioned for each violation; many persons who jointly commit the same violation shall each be 
sanctioned.  5. The sanctioning of administrative violations sha ll be based on the nature and severity of violations, 
the personal records of violators as well as exte nuating and aggravating circumstances so that 
appropriate sanctioning forms, levels and handling measures can be decided according to the 
provisions of this Decree.  6. Sanctions shall not be imposed on administra tive violations committed in case of emergency, 
unexpected incidents or by individuals suffering fro m mental diseases or other diseases which deprive 
them of their ability to conceive of or control their acts. 
 7. When an individual or organization simultaneous ly commits more than one violation, including 
industrial property violations, the sanctioning co mpetence shall be determined on the principle 
specified in Clause 3, Article 42 of the Ordinance on Handling of Administrative Violations.  
8. When it is considered that a violation shows signs of a crime, the competent person defined in 
Article 18 of this Decree shall transfer the case do ssier to the criminal procedure-conducting agencies 
of the same level for handling.  It is prohibited to administratively sanction acts s howing signs of crimes in  the domain of industrial 
property. 
 
Article 3.-  Sanctioning forms and remedies to consequences 
 1. Principal sanctions: For each violation, violating individuals or organizati ons shall be subject to 
either of the two principal sanctions: caution or fine. 
 
2. Caution shall apply to unintentional violatio ns; minor and first-time violations involving 
extenuating circumstances or to any administrative violations committed by minors of between full 14 
years and under 16 years of age.  
3. Fine:  Based on the nature and severity of viola tions, competent persons sha ll decide on fine levels 
within the prescribed fine bracket.  For administrative violations in the domain of industr ial property, the specific fine level applicable to 
each violation is the average level of the fine bracket provided for such violation which involves 
neither extenuating nor aggravating circumstances. The average level of the fine bracket is determined 
by equally dividing the total of the minimum and maximum levels. 
 For violations involving extenuating circumstances, the fine level may be reduced but must not be 
lower than the prescribed minimum level of the fine bracket.  
For violations involving aggravating circumstances,  the fine level may be increased but must not be 
higher than the prescribed maximum level of the fine bracket.  4. Additional sanctions: Depending on the nature and severity of violations, violating individuals or 
organizations may also be subject to one or  some of the following additional sanctions: IP/N/1/VNM/E/1 
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a/ Confiscation of material evidences and/or means of administrative violations; confiscation of goods bearing counterfeit marks or geographical indications or of raw materials, materials and means used 
mainly for producing or trading in those goods;  
b/ Confiscation of protection titles or documents pr oving industrial property rights which are modified 
or erased;  c/ Confiscation of papers or documents  which are modified, erased or forged; 
 
d/ Deprivation for a definite or indefinite ti me period of the right to use industrial property 
representation practice certificate;  e/ Deprivation for a definite or indefinite time  period of the right to use the assessor’s card; 
 
f/ Suspension for a definite time period of the trading in infringing products or services. 
 5. Application of remedies:  Apart from the above principal and additional san ctions, individuals or organizations committing 
administrative violations may also be forced to  apply one or some of the following remedies: 
 
a/ Forcible removal of infringing elements on their products, goods or means of business; 
 b/ Forcible destruction or distribution or putti ng in use for non-commercial purposes of goods bearing 
counterfeit marks or geographical indications or raw materials, materials and means used mainly for 
producing or trading in those goods, if it does not affect the exercise of the rights by industrial 
property right holders;  c/ Forcible destruction of infringing goods which ca use harm to the human health, animals, plants or 
environment;  
d/ Forcible bringing out of the territory of Viet nam of transit goods in infringement of industrial 
property rights or forcible re-e xport of infringing goods, goods with counterfeit marks or geographical 
indications, or imported raw materials, materials an d means used mainly for producing or trading in 
those goods, after removing  the infringing elements on those goods;  
e/ Forcible addition of indications on th e protection of industrial property rights; 
 f/ Forcible rectification on the mass media, for acts of giving wrong indica tions on industrial property 
rights;  g/ Forcible confiscation of dispersed mate rial evidences or means of violation. 
 
Article 4.-  Extenuating, aggravating circumstances 
 1. Extenuating circumstances:  
a/ The violators take measures to prevent, remedy or limit harms of their violations or voluntarily 
remedy consequences and pay damages;  b/ The administrative violators voluntarily make declaration and show repentance;   IP/N/1/VNM/E/1 
 Page 5 
 
 
  c/ The violators are spiritually provoked by illega l acts of other persons to commit violations; 
 d/ The violators are forced to commit violations or  commit violations due to material and spiritual 
dependence on others;   
e/ The violators are pregnant women, weak elderl y people, diseased or disabled people, being unable 
to conceive of or control their acts;  f/ The violators commit violations in a particular plight they have not caused;  
g/ The violators commit violations because of the lack of knowledge about industrial property; 
 h/ The violators commit violations through contr actual relationships involving goods order or job 
assignment without knowing that such are acts of violation.  
2. Aggravating circumstances: 
 a/ Committing violations in an organized manner;  b/ Committing violations repeatedly or relapsing in to violation in the domain of industrial property; 
 
c/ Inciting or inducing minors to commit violations, forcing one’s materially or spiritually dependent 
people to commit violations;  d/ Abusing one’s own positions or  powers to commit violations; 
 
e/ Abusing circumstances of wars, natural calamitie s or other particular common grieves to commit 
violations;  f/ Committing violations while serving criminal sentences or executing decisions on handling of 
administrative violations;  
g/ Continuing to commit administrative violati ons in spite of the competent persons’ requests for 
termination of violations;  h/ Shirking liability or con cealing administrative viola tions after committing them. 
 
Article 5.-  Statute of limitations for sanctioning and ti me limit for being considered as having not 
been sanctioned  1. The statute of limitations for sanctioning an administrative violation in the domain of industrial property is two years, counting from the date that  violation is committed. Past this time limit, 
violating organization or individual shall not be sanctioned but shall take remedies provided for in 
Clause 5, Article 3 of this Decree. 
 2. For individuals who have been criminally in stigated or prosecuted or whose cases have been 
decided to be brought to trial according to criminal  procedures but later the investigations or the cases 
are decided to be stopped, those individuals shall be administratively sanctioned if their acts show 
signs of administrative violation; in this case, th e statute of limitations is three months after the 
persons with sanctioning competence receive th e suspension decisions and the case dossiers. 
 3. Within the time limit defined in Clause 1 or 2 of this Article, if concerned individuals or 
organizations commit new violations in the domain of industrial property or deliberately shirk or IP/N/1/VNM/E/1 
Page 6  
 
  obstruct the sanctioning, the statute of limitations pr ovided for in Clauses 1 and 2 of this Article does 
not apply. The statute of limitations for sanctioni ng administrative violations is counted from the time 
a new violation is committed or the act of shirking or obstructing the sanctioning stops.  4. If past one year after completely serving the san ctioning decisions or after the expiration of the 
statute of limitations for executing sanctioning d ecisions, individuals or organizations already 
sanctioned for administrative violations in the domain of industrial property do not relapse into violation, they shall be considered as having not b een sanctioned for administrative violations in the 
domain of industrial property. 
 
Chapter II 
ACTS OF VIOLATION, SANCTIONING FORMS AND LEVELS 
 
Article 6.-  Violation of regulations on the procedures fo r establishment, exercise and protection of 
industrial property rights 
 
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on individuals or 
organizations that commit one of the acts of modifying or erasing protection titles or documents proving industrial property rights;  2. A fine of between VND 5,000,000 and VND 10, 000,000 shall be imposed on individuals or 
organizations that commit acts of supplying fal se information or evidence in the following cases: 
 a/ Carrying out procedures for establishment, reco gnition, certification, amendment, maintenance, 
extension, request for termination or cancella tion of validity of industrial property rights; 
 
b/ Requesting competent state agen cies to issue decisions on compulsory licensing of inventions; 
 c/ Lodging complaints or denunciations about the es tablishment and exercise of industrial property 
rights;  d/ Requesting competent agencies to handle viol ations; requesting industrial property assessment; 
 
e/ Responding to requests for handling of violati ons, application of preventive measures to secure 
administrative sanctioning, application of measure s to control goods imported for unsound purposes, 
which aims to impede normal operations of, or cause damage to, other organizations or individuals. 
 
3. A fine of between VND 10,000,000 and VND 15, 000,000 shall be imposed on individuals or 
organizations that commit acts of forging papers in  the cases specified in Clause 2 of this Article. 
4. Additional sanctions: Confiscation of modified, erased or forged papers, documents, protection titles or documents proving the relevant industrial property rights, for acts specified in Clauses 1, 2 
and 3 of this Article. 
 
Article 7.-  Violation of regulations on industrial property representation 
 1. A fine of between VND 1,000,000 and VND 3,0 00,000 shall be imposed on industrial property-
representing individuals or organizations that commit one of the following acts:  
a/ Failing to fully and truthfully report on notices and requests of competent state agencies on the 
establishment, exercise and protection of industrial pr operty rights to the represented party; failing to 
hand over on time protection titles and documents proving industrial property rights, certificates and 
other decisions to the represented party without justifiable reasons;   IP/N/1/VNM/E/1 
 Page 7 
 
 
  b/ Failing to notify the state agen cies competent to establish, exercise and protect industrial property 
rights of changes in the names, addresses a nd other information of the represented party. 
 2. A fine of between VND 3,000,000 and VND 5,0 00,000 shall be imposed on industrial property-
representing individuals or organizations that commit one of the following acts: 
 
a/ Concurrently representing parties to a dispute over industrial property rights;  b/ Arbitrarily withdrawing applications for protection titles, disclaiming the protection, withdrawing complaints or taking other acts in the establishmen t, exercise and protection of industrial property 
rights without permission of the representation authorizer; 
 c/ Deceiving or forcing customers to enter in to and perform industrial property representation 
contracts;  
d/ Failing to notify or untruthfully notifying expenses, charge and fee rates related to the procedures 
for establishment, exercise and protection of industrial property rights as well as service charges and charge rates already registered w ith the state management agency in charge of industrial property at 
the lawful request of customers or competent authorities;  e/ Breaching the obligation to keep secret info rmation and documents handed by customers or 
competent agencies or industrial property assessment organizations, which are related to the case in 
question.  f/ Lending industrial property representation pr actice certificates or usi ng those certificates for 
purposes in contravention of their functions; 
 
g/ Deliberately advising or giving wrong informati on on the provisions of industrial property law or 
information on industrial property activities;  h/ Obstructing the normal progress of the establishmen t, exercise and protection of industrial property 
rights, causing damage to people with related rights and interests. 
 
3. A fine of between VND 6,000,000 and VND 10, 000,000 shall be imposed  on organizations or 
individuals that commit acts of providing industrial property representation services without sufficient business conditions under the provisions of law.  
4. A fine of between VND 10,000,000 and VND 15,0 00,000 shall be imposed on industrial property-
representating individuals or organizations that commit one of the following acts: 
 a/ Assuming the names of industrial property stat e management agencies or officials in order to 
provide industrial property representation services;  
b/ Disclosing information of competent state management agencies, which are yet allowed to be 
publicized, on the process of receiving, examining or processing applications for industrial property 
registration;  c/ Committing serious violations in representation by grantees of industrial property representation 
practice certificates, causing harms to the state’s and society’s interests. 
 IP/N/1/VNM/E/1 
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  5. Additional sanctions: 
 a/ Deprivation of the right to use industrial prope rty representation practice certificates for three to six 
months, for violations specified at Points a, b, e, f, g and h, Clause 2 of this Article;  
b/ Deprivation for indefinite time of the right to use industrial property representation practice 
certificates, for violations specified at Points c and d, Clause 2 and Clause 4 of this Article. 
 
Article 8.-  Violation of regulations on  industrial property assessment 
 
1. A fine of between VND 10,000,000 and VND 20, 000,000 shall be imposed on individuals or 
organizations functioning to conduct industrial pr operty assessment that commit one of the following 
acts:  a/ Failing to observe regulations on assessment orde r and procedures; failing to fulfill obligations of 
assessment requesters, of individuals or organiza tions conducting assessment under the provisions of 
law on assessment;  b/ Accepting and conducting assessment even tho ugh such assessment must be rejected under 
regulations;  
c/ Deliberately giving untruthful or groundless ass essment conclusions or assessment conclusions 
with grounds not true to the case in question;  d/ Disclosing secret information acquired wh ile conducting assessment without permission of 
concerned parties. 
 
2. Additional sanctions: Deprivation of the right to  use the assessor’s card for 6 to 12 months or for 
indefinite time, for violations specified in Clause 1 of this Article. 
 
Article 9.-  Violation of regulations on indications ab out protection of industrial property rights 
 
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on individuals or 
organizations that commit one of the acts of gi ving wrong indications about protection of industrial 
property rights in production, trading, tran saction, advertisement and marketing as follows: 
 a/ Giving misleading indications (including indicat ive signs) about industrial property right holders; 
misleading indications about products or services with  elements eligible for industrial property right 
protection; misleading indications or no indications  about products or goods supplied under contracts 
on licensing of industrial property objects; mislea ding indications about authors of inventions or 
industrial designs;  b/ Giving misleading indications about the legal stat us of industrial property protection of inventions, 
industrial designs, layout designs, marks or geographical indications. 
 2. Remedies:  a/ Forcible removal of infringing elements from products, goods or means of business, for violations 
specified in Clause 1 of this Article; 
 b/ Forcible public rectification on the mass media, for violations specified in Clause 1 of this Article; 
  IP/N/1/VNM/E/1 
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  c/ Forcible destruction of infringing goods which ca use harms to the human health, animals, plants or 
environment, for violations specified in Clause 1 of this Article. 
 
Article 10.-  Violation of the obligation to keep secret t est data when filing applications for business 
licenses or permits for circulation of pha rmaceuticals or agro-chemical products 
 
A fine of between VND 7,000,000 and VND 10,000, 000 shall be imposed on individuals or 
organizations that commit violation of the regulati ons on confidentiality of data on test results as 
required under the procedures of application fo r business licenses or permits for circulation of 
pharmaceuticals or agro-chemical products.  
Article 11.-  Illegal obstruction of state management, supe rvision and inspection of industrial property 
 1. A caution or a fine of between VND 100,000 a nd VND 300,000 shall be imposed on individuals or 
organizations for failing to produce or producing in complete documents, information or data to the 
state management agency in charge of industrial property or competent persons when so requested. 
 2. A fine of between VND 1,000,000 and VND 2,000,0 00 shall be imposed for one of the following 
acts:  a/ Refusing in contravention of law to execute supervision or inspection decisions or requests; 
 
b/ Failing to supply or supplying incomplete or untruthful documents and data necessary for 
supervision or inspection at the request of competent persons;  c/ Obstructing, causing difficulties to or shirking supervision or inspection conducted by competent 
persons. 
 3. A fine of between VND 2,000,000 and VND 3,000,0 00 shall be imposed for one of the following 
acts:  a/ Libeling, offending or humiliating persons compet ent to conduct industrial property supervision or 
inspection; 
 b/ Deliberately delaying, shirking or rejecting the execution of administrative decisions of competent persons, failing to respond to request s, conclusions or decisions of industrial property supervision or 
inspection teams. 
 
4. A fine of between VND 2,000,000 and VND 4,000,0 00 shall be imposed for one of the following 
acts:  a/ Arbitrarily removing or destroying seals or a ltering scenes of incidents, quantity or category of 
goods which are material evidences of industrial prope rty violations being subject to supervision, 
inspection, sealing or seizure; 
 b/ Dispersing, eliminating material evidences or m eans of violation being s ubject to supervision or 
inspection.  
5. Remedies: Forcible recovery of dispersed mate rial evidences and means specified at Point b, 
Clause 4 of this Article. 
 IP/N/1/VNM/E/1 
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  Article 12.-  Infringement of the rights to inventions , industrial designs or layout designs 
 1. A caution or a fine of between one and two tim es the value of products or goods detected in 
violation shall be imposed on individuals or organizations for committing one of the following 
violations for business purposes, causing harms to c onsumers and society or failing to stop acts of 
infringing upon industrial property rights in spite of the right holders’ requests for such stoppage, in 
case the products or goods in violati on are valued at up to VND 20,000,000: 
 a/ Producing (manufacturing, processing, assembling or  packing) products in infringement of the 
rights to inventions, industrial designs or layout designs; 
 
b/ Applying a process in infringement  of the rights to inventions; 
 c/ Exploiting the utilities (in business activities) of  products in infringement of the rights to 
inventions; 
 
d/ Selling, transporting, advertising, offering or st oring for sale products in infringement of the rights 
to inventions; or products in infringem ent of the rights to industrial designs; 
 e/ Importing products in infringement of the rights specified at Point d, Clause 1 of this Article or products containing layout designs in infringement of such rights; 
 
f/ Selling, leasing, storing for sale, transporting, advertising or offering for sale copies of layouts in infringement of rights, of products or goods contai ning layout designs in infringement of rights, of 
layout designs or products or goods containing those objects.  
2. A fine of between two and three times the value of  products or goods detected in violation shall be 
imposed on individuals or organizations for committing one of the violations specified in Clause 1 of this Article, in case the products  or goods in violation are valued at between over VND 20,000,000 
and VND 40,000,000.  3. A fine of between three and four times the value of products or goods detected in violation shall be 
imposed on individuals or organizations for committing one of the violations specified in Clause 1 of 
this Article, in case the products  or goods in violation are valued at between over VND 40,000,000 
and VND 60,000,000.  4. A fine of between four and five times the value of products or goods detected in violation shall be 
imposed on individuals or organizations for committing one of the violations specified in Clause 1 of 
this Article, in case the products or goods in  violation are valued at over VND 60,000,000. 
 5. Additional sanctions:  a/ Confiscation of material evidences or means of ad ministrative violation, for violations specified in 
Clauses 1, 2, 3 and 4 of this Article; 
 b/ Stopping activities of dealing in infringing products or services for 3 to 6 months, for violations specified in Clauses 1, 2, 3 and 4 of this Article.  
6. Remedies: 
 a/ Forcible removal of infringing elements on pr oducts, goods or means of business, for violations 
specified in Clauses 1, 2, 3 and 4 of this Article;   IP/N/1/VNM/E/1 
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  b/ Forcible distribution or use for non-commercia l purposes or forcible d estruction of goods of 
inferior quality, which cause harms to human health, animals, plants or environment, for violations 
specified in Clauses 1, 2, 3 and 4 of this Article;  c/ Forcible bringing out of the Vietnamese territo ry or forcible re-export of goods or means of 
violation, for violations specified in Clauses 1, 2, 3 and 4 of this Article. 
 
Article 13.-  Infringement of the rights to marks, geographical indications or trade names 
 1. A caution or a fine of between one and two times the value of goods detected in violation shall be 
imposed on individuals or organizations for committi ng one of the following acts in infringement of 
the rights to marks, geographical indications or trade names, thus causing harms to consumers or 
society; failing to terminate acts of right infring ement despite the right ho lders’ requests for such 
termination, if the goods detected in violation are valued at up to VND 15,000,000: 
 
a/ Affixing (printing, sticking, attaching, casting, mo lding or otherwise affixing) signs in infringement 
of protected rights to marks, geographical indica tions or trade names on goods or their packings; 
 b/ Selling, transporting, offering for sale, advertisi ng  or storing for sale goods in infringement of the 
rights to marks, geographical indications or trade names;  
c/ Importing goods or services containing infringing el ements in relation to marks, geographical 
indications or trade names;  d/ Using signs on products, goods or their packings  with infringing elements in relation to trade 
names. 
 
2. A fine of between two and three times the value of goods or services detected in violation shall be 
imposed on individuals or organizations for committi ng one of the acts specified in Clause 1 of this 
Article, if the infringing goods or services are valued at between over VND 15,000,000 and 
VND 30,000,000.  
3. A fine of between three and four times the valu e of goods or services detected in violation shall be 
imposed on individuals or organizations for committi ng one of the acts specified in Clause 1 of this 
Article, if the infringing the goods or services are valued at between over VND 30,000,000 and 
VND 45,000,000.  
4. A fine of between four and five times the valu e of goods or services detected in violation shall be 
imposed on individuals or organizations for committi ng one of the acts specified in Clause 1 of this 
Article, if the infringing goods or servi ces are valued at over VND 45,000,000. 
 5. A fine of between VND 10,000,000 and VND 15, 000,000 shall be imposed for acts of affixing 
(printing, sticking, attaching, casting, molding or  otherwise affixing) on means of business or service, 
transaction papers or signboards signs of infringement of the rights to marks, trade names or 
geographical indications.  6. Additional sanctions:  
a/ Confiscation of material evidences or means of  administrative violation, for acts specified in 
Clauses 1, 2, 3, 4 and 5 of this Article;  b/ Termination of activities of dealing in infringing  products or services for one to three months, for 
violations specified in Clauses 1, 2, 3, 4 and 5 of this Article. IP/N/1/VNM/E/1 
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7. Remedies:  a/ Forcible removal of infringing elements on pr oducts, goods or means of business, for violations 
specified in Clauses 1, 2, 3, 4 and 5 of this Article; 
 
b/ Forcible destruction of infringing goods of inferior quality which cause harms to human health, 
animals, plants or environment, for violations speci fied in Clauses 1, 2, 3, 4 and 5 of this Article; 
 c/ Forcible bringing out of the Vietnamese territory  or re-export of goods or means of violation, for 
violations specified in Clauses 1, 2, 3, 4 and 5 of this Article. 
 
Article 14.-  Production, transportation, import of, or trading in, objects bearing infringing marks or 
geographical indications   
1. A caution or a fine of between one and two times the value of goods detected in violation shall be 
imposed on individuals or organizations for produci ng, importing, transporting or trading in objects 
bearing marks or geographical indications identical or confusingly similar to, the protected ones or assigning others to do so, if the infringing goods are valued at up to VND 20,000,000; 
 2. A fine of between two and thr ee times the value of goods detected in violation shall be imposed on 
individuals or organizations that commit one of the acts defined in Clause 1 of this Article, if the 
infringing goods are valued at be tween over VND 20,000,000 and VND 40,000,000. 
 3. A fine of between three and four times the valu e of goods detected in violation shall be imposed on 
individuals or organizations that commit one of the acts specified in Clause 1 of this Article, if the 
infringing goods are valued at be tween over VND 40,000,000 and VND 60,000,000. 
 4. A fine of between four and five times the value of goods detected in violation shall be imposed on 
individuals or organizations that commit one of the acts specified in Clause 1 of this Article, if the 
infringing goods are valued at over VND 60,000,000.  
5. Additional sanctions: 
 a/ Confiscation of material evidences or means of ad ministrative violation, for violations specified in 
Clauses 1, 2, 3 and 4 of this Article;  
b/ Termination of activities of dealing in products or  services in violation for one to three months, for 
violations specified in Clauses 1, 2, 3 and 4 of this Article.  6. Remedies:  a/ Forcible removal of infringing elements on pr oducts, goods or means of business, for violations 
specified in Clauses 1, 2, 3 and 4 of this Article; 
 b/ Forcible destruction of goods or objects which ar e no longer usable, cannot ensure safety for use or 
cause harms to production, human health, animals, plan ts or environment, for violations specified in 
Clauses 1, 2, 3 and 4 of this Article; 
 
c/ Forcible bringing out of the Vietnamese territory  or re-export of goods or means of violation, for 
violations specified in Clauses 1, 2, 3 and 4 of this Article. 
  IP/N/1/VNM/E/1 
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  Article 15.-  Production, import, transportation of, trading in, or storing for sale of goods bearing 
counterfeit marks or geographical indications  1. A fine of between one and two times the value of  goods detected in violation shall be imposed on 
individuals or organizations for committing one of  the following acts or assigning other to commit 
such an act, if the detected goods bearing counterfe it marks or geographical indications are valued at 
up to VND 10,000,000:  a/ Producing, importing, printing, sticking, attaching, casting, molding or otherwise affixing on products, packings or goods counterfe it marks or geographical indications; 
 
b/ Transporting, storing products or goods bear ing counterfeit marks or geographical indications; 
 c/ Trading in, advertising or offering for sal e products or goods bearing counterfeit marks or 
geographical indications; 
 
2. A fine of between two and three times the valu e of goods bearing counterfe it marks or geographical 
indications defined in Clause 1 of this Article shall be imposed if those goods are detected and valued 
at between over VND 10,000, 000 and VND 20,000,000. 
 3. A fine of between three and four times th e value of goods bearing counterfeit marks or 
geographical indications defined in Clause 1 of this Article if those goods are detected and valued at 
between over VND 20,000,000 and VND 30,000,000.  4. A fine of between four and five times the valu e of goods bearing counterfeit marks or geographical 
indications defined in Clause 1 of this Article shall be imposed if those goods are detected and valued 
at over VND 30,000,000. 
 5. Additional sanctions:  a/ Confiscation of material evidences or means of ad ministrative violation, for violations specified in 
Clauses 1, 2, 3 and 4 of this Article; 
 
b/ Termination of activities of dealing in products or  services in violation for one to three months, for 
violations specified in Clauses 1, 2, 3 and 4 of this Article.  6. Remedies: 
 
a/ Forcible destruction or distribution or puttin g to use for non-commercial purposes of goods bearing 
counterfeit marks or geographical indications, raw ma terials, materials and means used mainly for 
production of, or trading in, those goods, which, however, must not affect the exercise of the rights by industrial property right holders, for violations sp ecified in Clauses 1, 2, 3 and 4 of this Article; 
 
b/ Forcible destruction of goods wh ich cause harms to human health, an imals, plants or environment, 
for violations specified in Clauses 1, 2, 3 and 4 of this Article;  c/ Forcible bring out of the Vietnamese territo ry transit goods infringing upon industrial property 
rights or re-export of infringing goods, goods bearing counterfeit marks or geographical indications as 
well as means, raw materials or materials imported for use mainly for production of, or trading in, 
those goods, after removing infringing elements thereon,  for violations specified in Clauses 1, 2, 3 
and 4 of this Article; 
 IP/N/1/VNM/E/1 
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  Article 16.-  Unfair competition and infringement of bus iness secrets in the domain of industrial 
property  Individuals or organizations committing acts of unfair competition or infringing upon business secrets in the domain of industrial property shall be sanc tioned according to regulati ons on sanctioning of 
administrative violations in competition. 
 
Chapter III 
SANCTIONING COMPETENCE AND PROCEDURES 
 
Section 1. SANCTIONING COMPETENCE 
 
Article 17.-  Competence of  violation-handling agencies  
 The competence to apply administrative measures of the violation-handling agencies defined in 
Clause 3, Article 200 of the Intellectual Property Law is specified as follows: 
 1. Scientific and technological inspectorates sh all have the competence to handle administrative 
violations in the domain of industrial propert y, which are committed in production, trading, 
exploitation, advertisement or circulation, except for violations in the import or export of goods. 
 
2. Market management offices shall have the comp etence to handle violations in the domain of 
industrial property, which are committed in the ci rculation of goods and commercial business in the 
market.  3. Customs offices shall have the competence to handle violations in the domain of industrial 
property, which are committed in the import or export of goods. 
 4. Police offices shall have the competence to dete ct, verify, gather information and evidence on 
violations in the domain of industrial property, a nd notify them to the violation-handling agencies 
defined in Clauses 1, 2 and 3 of this  Article and handle violations in the domain of industrial property; 
 
5. Provincial-level People’s Committees and dist rict-level People’s Committees shall have the 
competence to handle violations in the domain of industrial property which are committed in their respective localities whereby the sanctioning levels, forms and handling measur es applicable to those 
acts fall beyond the competence of the agencies de fined in Clauses 1, 2 and 3 of this Article. 
 
Article 18.-  Competence to sanction administrative violations in the domain of industrial property 
 1. Industrial property specialized inspectors of  the Ministry of Science and  Technology or 
provincial/municipal Services of Science and Technol ogy are, while on duty, competent to apply the 
following sanctions for violations speci fied in Chapter II of this Decree: 
 
a/ Caution or a fine of up to VND 200,000; 
 b/ Confiscation of material evidences or means of violation valued at up to VND 2,000,000; 
 c/ Remedies provided for at Points a and c, Clause 5, Article 3 of this Decree. 
 
2. The chief inspectors of provincial/municipal Serv ices of Science and Technology are competent to 
apply sanctions for violations specifi ed in Chapter II of this Decree: 
 a/ Caution or a fine of up to VND 20,000,000;  IP/N/1/VNM/E/1 
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b/ Additional sanctions provided for at Points a,  c and e, Clause 4, Article 3 of this Decree; 
 c/ Remedies provided for at Points a, b, c, e, f and g, Clause 5, Article 3 of this Decree.  
3. The chief inspector of the Ministry of Science and Technology is competent to apply the following 
sanctions for violations specifie d in Chapter II of this Decree: 
 a/ Caution or a fine of up to the maximum level of the fine bracket provided for in this Decree; 
 
b/ Additional sanctions provided for in  Clause 4, Article 3 of this Decree; 
 c/ Remedies provided for in Clause 5, Article 3 of this Decree.  4. Presidents of district-level People’s Committees are competent to apply the following sanctions for 
violations defined in Chapter II of this Decree: 
 a/ Caution or a fine of up to VND 20,000,000;  b/ Additional sanctions provided for at Points a and c, Clause 4, Article 3 of this Decree; 
 
c/ Remedies provided for at Points a, b, c, e, f and g, Clause 5, Article 3 of this Decree. 
 5. Presidents of provincial-level People’s Committees  are competent to apply sanctions provided for 
in Article 30 of the Ordinance on Handling of Administrative Violations for violations specified in Chapter II of this Decree, including: 
 
a/ Caution or a fine of up to the maximum level of the fine bracket provided for in this Decree; 
 b/ Additional sanctions provided for at Points a,  c and f, Clause 4, Article 3 of this Decree; 
 c/ Remedies provided for in Clause 5, Article 3 of this Decree. 
 
6. Heads of control teams of Customs Departme nts, directors of Customs Sub-Departments and 
directors of provincial-level Customs Departments sh all sanction industrial property violations in the 
import and export of goods according to their competence provided for in Clauses 2 and 3, Article 34 of the Ordinance on Handling of Administrative Violations. 
 
7. Heads of market management teams, directors of  market control sub-departments and directors of 
market management departments shall sanction indus trial property violations in the circulation of 
goods and commercial business in the market according to their competence provided for in Clauses 2, 3 and 4, Article 37 of the Ordina nce on Handling of Administrative Violations. 
 
8. Heads of police offices for investigation of economic management and position-related crimes 
under provincial Public Security Departments or  the Director of the Police Department for 
investigation into economic management and po sition-related crimes are competent to sanction 
industrial property violations according to the pr ovisions of Clauses 5 and 7, Article 31 of the 
Ordinance on Handling of Administrative Violations.  IP/N/1/VNM/E/1 
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  Article 19.-  Principles for determination of sanctioning competence 
 1. Presidents of provincial-level People’s Committees or district-level People’s Committees are competent to sanction administrative violations in the domain of industrial property in their respective 
localities.  
 
2. Chief inspectors and science and technology specia lized inspectors of the Ministry of Science and 
Technology or provincial/municipal Services of Science and Technology are competent to sanction administrative violations in the domain of industria l property, which fall within the scope of state 
management of the Ministry or Services respectively. 
 
When violations fall beyond the sanctioning competence of the chief inspectors of provincial/municipal Services of Scie nce and Technology, violation dossiers shall be transferred to 
presidents of provincial-level People’s Committees for administrative sanctioning according to their 
competence. 
 
Section 2. SANCTIONING PROCEDURES 
 
Article 20.-  Receipt and consideration of written requests for handling of violations 
 1. Receipt of written requests for handling of violations: 
 
When receiving written requests for handling of viola tions, violation-handling agencies shall carry out 
the following tasks:  a/ To determine the competence to handle violations according to the provisions of Article 19 of this 
Decree; if the written requests for handling of viol ations fall under the handling competence of other 
agencies, to guide the requesters to f ile their requests with those agencies; 
 b/ To examine and acknowledge the receipt of the lists of documents and evidence enclosed with the 
written requests.  
2. Consideration of written requests for handling of violations: 
 a/ Within 10 working days after receiving a comp lete dossier, the violation-handling agency shall 
consider the validity of documents and evidence in the dossier. It may examine and verify evidence by 
itself or request the police to do so in order to prove the capacity of the right holder, prove the 
infringement or ask for assessment when necessary; 
When the dossier meets the requirements, the handling agency shall carry out the prescribed 
procedures to handle the infringement of rights.  b/ When documents or evidence supplied by the requ ester are insufficient to prove the capacity of the 
right holder and the violation, the violation-handli ng agency shall issue a notice, asking the requester 
to supplement documents, evidence and assessment c onclusions or explain the violation within 30 
days from the date of issuing the notice.  3. The violation-handling requester may file the request with the competent agency defined in 
Article 18 of this Decree, asking the latter to a pply preventive measures to secure administrative 
sanctioning according to the following regulations: 
 a/ The request for the application of preventive me asures to secure administrative sanctioning may be 
filed simultaneously with or after the filing of th e request for violation handling, enclosed with 
evidence mentioned at Point b, Clause 2 of this Article;  IP/N/1/VNM/E/1 
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b/ The request for the application of preventive measures to secure administrative sanctioning must 
state the requester’s commitment to pay compensati on for damage caused by the improper application 
of those measures to concerned organizations or individuals;  
c/ The agency competent to apply preventive meas ures to secure administrative sanctioning shall 
consider and verify evidence proving that the case in  question falls in one of the cases eligible for the 
application of preventive measures prescribed in Clause 1, Article 215 of the Intellectual Property 
Law and decide on the application of those measur es in accordance with the provisions of Clause 2, 
Article 215 of the Intellectual Property Law. 
 
When the agency competent to apply preventiv e measures to secure administrative sanctioning 
decides on the application thereof without suffici ent evidence proving that the concerned case is 
eligible for such application or applies measures which are inappropriate or at variance with the 
requests of the requesters, they shall have to pay compensation for damage caused to relevant 
organizations or individuals in accordance with the provisions of law. 
 
Article 21.-  Rejecting requests for handling of violations 
 In the following cases, the violation-handling agency  may issue a notice, rejecting a written request 
for violation handling: 
 
1. Upon the expiration of the time limit prescribed at Point b, Clause 2, Article 20 of this Decree, the 
violation-handling requester still fails to meet the requirements of the violation-handling agency regarding the supplementation or explanation of ev idence proving the capacity of the right holder and 
the violation. 
 
2. The statute of limitations for administrativel y handling industrial prope rty infringements expires 
under the provisions of Clause 1, Article 10 of  the Ordinance on Handling of Administrative 
Violations.  3. The results of verification by the violation- handling agency or the police disprove violation as 
described in the written requ est for violation handling. 
 4. There’s a document of the competent agency on the lack of grounds for violation handling. 
 5. The violation-handling requester has a written no tice on the withdrawal of his/her/its request for 
violation handling or on the fact that the involved parties have reached agreement on the settlement of 
the case through other measures. When a violation relates to production of, or trading in, goods bearing counterfeit marks or 
geographical indications, causing harm s to consumers or society, the violation-handling agency may 
apply administrative measures to handle the viola tion even though it may receive a said notice. 
 
Article 22.-  Handling of written requests involving disputes or filed with incompetent agencies 
 1. When a written request for violation handling i nvolves a dispute over holder, protectability or scope 
of protection of industrial property rights, the request-receiving agency guides the requester and the 
persons with relevant rights and interests to exercise  the right to request the settlement of the dispute 
at the competent agency. 
 2. When a case falls under the handling competen ce of another agency, the agency receiving the 
written request for violation handling transfers the ca se dossier to the competent agency for handling. 
 IP/N/1/VNM/E/1 
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  3. When a violation shows signs of a crime, the agency receiving the written request for violation 
handling transfers the case dossier to  the competent agency for criminal  investigation and instigation. 
 
Article 23.-  Coordination in handling of violations 
 
1. Requirements for coordinati on in handling of violations 
 a/ The agency receiving a written request for viola tion handling shall send a request for coordination 
in violation handling to relevant competent agencies  if the violation falls in one of the following 
cases: one violation in the domain of industria l property falls under the handling competence of 
different agencies or the same violation is  committed in different areas or localities; 
 b/ The request for coordination in violation handli ng must have the following principal contents: the 
brief information on the case; the summary of the vi olation, the scope of the violation which may be 
committed in a locality or a domain under management  of the request-receiving agency; the copies of 
the written request for violation handling and enclos ed documents and photos of sample objects; the 
summary of the results of consideration of the written request for violation handling; the proposed contents of coordination in violation handling a nd the setting of a time limit of 15 days for the 
request-receiving agency to reply;  c/ Agencies receiving the request for coordination in violation handling shall reply within the set time 
limit, clearly justifying the reasons for not handling the violation as requested (if any). 
 2. Use of results of consideration and handling of  written requests for violation handling from other 
agencies:  
a/ A violation-handling agency may use results of determination of the violation or infringing goods 
given by another competent agency (if any) to  ensure the uniformity of handling measures and 
sanctioning levels applicable to the same or simi lar violations or related to the same industrial 
property object of the same right holder;  b/ When competent agencies have different opinions  and decisions on the modes, measures and extent 
of handling of violations, the violation-handling agen cy shall report such to the superior agency for 
direction. 
 
Article 24.-  Simplified procedures applicable to acts of producing or trading in goods bearing 
counterfeit marks or geographical indications 
 
1. When detecting and having enough evidence on the production of, or trading in, goods bearing 
counterfeit marks or geographical indications, the vi olation-handling agency may decide to stop the 
violation and make a written record thereon without  following the order and procedures prescribed in 
Article 20 of this Decree.  
When evidence is sufficient to prove that a violation falls in one of the cases subject to the application 
of preventive measures to secure administrative sanc tioning according to the provisions of Clause 1, 
Article 215 of the Intellectual Property Law, the violation-handling agency may apply appropriate 
measures provided for in Clause 2, Article 215 of the Intellectual Property Law.  
When necessary and upon requests, the violation- handling agency may apply preventive measures to 
secure administrative sanctioning according to the provisions of Article 215 of the Intellectual 
Property Law and Article 25 of this Decree.   IP/N/1/VNM/E/1 
 Page 19 
 
 
  2. When the evidence on goods bearing counterfeit ma rks or geographical indications is unclear, the 
counterfeit goods-detecting agency shall inspect and verify such evidence or request the police to 
verify and gather evidence on the violation or ask for industrial property assessment.  3. The coordination in handling of violations and i ssuance of sanctioning decisions shall comply with 
the provisions of Article 23 of this Decree. 
 
Article 25.-  Application of preventive measures to secure administrative sanctioning 
 1. The competence to apply preventive measures to  secure administrative sanctioning provided for in 
Clause 2, Article 215 of the Intellectual Property La w is vested to the agencies competent to handle 
violations defined in Ar ticle 18 of this Decree. 
 2. The competent persons of agencies compet ent to apply preventive measures to secure 
administrative sanctioning defined in Clause 1 of th is Article shall have corresponding competence to 
apply those measures according to the provisions of Clause 1 of Article 45, Clause 1 of Article 46, 
Clause 2 of Article 47, Clause 2 of Article 48, Clause 2 of Article 49 and Clause 2 of Article 50 of the Ordinance on Handling of Administrative Violations.  3. The order of, and procedures for, the applica tion of preventive measures to secure administrative 
sanctioning shall comply with the provisions of Chapter V of the Ordinance on Handling of 
Administrative Violations. 
 
Article 26.-  Procedures for sanctioning administrative violations 
 1. When detecting a violation, the person with sanctioning competence shall immediately order the 
termination of such violation, clearly explai ning regulations on sanctioning of administrative 
violations in the domain of industr ial property and relevant provisions  of law on industrial property to 
the violating organization or individual, requesting th e latter to strictly observe the provisions of law. 
 2. When a violation is subject to a caution, the pe rson with sanctioning competence shall not make a 
written record thereof but decide on sanctioning right at the place of violation and the caution shall be 
decided in writing. 
Except simple procedures are applied, when a vi olation is subject to a fine, the person with 
sanctioning competence shall have to make a written record of the administrative violation according 
to the provisions of Article 35 of the Ordinance on Handling of Administrative Violations and create 
conditions for the violating indivi dual or organization to present thei r opinions about the violation. 
 
3. A sanctioning decision and its contents must comply with the provisions of Article 56 of the Ordinance on Handling of Administrative Violations. A sanctioning decision must be sent to the sanctioned organization or individual within three days after its signing. When the sanctioning decision covers additional sanctions which require the 
completion of procedures for establishment, modifica tion, termination or cancellation of validity of 
relevant protection titles or certificates, it must be sent to the Inspectorate of the Ministry of Science 
and Technology and the National Office of Intell ectual Property for coordination in monitoring and 
execution.  4. When detecting a violation involving a dispute or complaint about the right holder, the 
protectability or scope of protection of industrial property rights, the dossier-receiving agency shall 
request the concerned parties to settle the dispute at the competent agency. Within 10 days after receiving final conclusions fro m the agency competent to settle the dispute or 
complaint, the person with sanctioning competen ce shall make conclusions on the violation. 
 IP/N/1/VNM/E/1 
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  Article 27.-  Confiscation of material evidence and means of administrative violation 
 1. The confiscation of goods bearing counterfeit ma rks or geographical indications, raw materials, 
materials and means used mainly for the productio n of or trading in, those goods applies in the 
following cases: 
 
a/ It is necessary to ensure that the evidence are not destroyed, disp ersed or altered or to prevent a 
future violation;  b/ The violating organization or individual has neither capability nor conditions to remove the 
infringing elements on goods or deliberately rej ect the request of the person with sanctioning 
competence regarding the removal of industrial property-infringing elements on goods, modification 
or addition of signs or  indications on goods or means of business; 
 c/ The goods on market or import or export goods contain right-infringing elements and though the 
goods’ origin, owners, producers or releasers are unidentified, there is sufficient evidence to 
determine that those goods are not produced or rel eased to the market by industrial property right 
holders.  2. Procedures for confiscation of material evidences and means of administrative violation in the domain of industrial property shall comply with the provisions of Article 60 of the Ordinance on 
Handling of Administrative Violations. 
 
Article 28.-  Handling of confiscated material evidences and means of administrative violation 
 1. With regard to goods bearing counterfeit marks or geographical indications, the competent handling 
agency shall apply one of the following measures: 
 a/ Confiscation for distribution for non-commerc ial purposes or putting to use for non-commercial 
purposes according to the provisions of Article 29 of this Decree.  b/ Confiscation for destruction according to th e provisions of Article 30 of this Decree; 
 
c/ Forcible removal of infringing elements and br inging out of the Vietnamese territory of transit 
goods bearing counterfeit marks or geographical i ndications; forcible re-export of import goods 
bearing counterfeit marks or geographical indications. If the removal of infringing elements cannot be applied, the provisions of Points a and b, Clause 1 of 
this Article shall apply. 
 2. Raw materials, materials and means functioning or  used solely for production of, or trading in, 
infringing goods or for provision of services in viola tion shall be considered raw materials, materials 
and means used mainly for production of, or trading in, infringing goods. 
 
Article 29.-  Forcible distribution and use for non-commercial purposes 
 1. Forcible distribution or putting to use for non- commercial purposes shall apply to infringing goods 
which fully satisfy the following conditions:  
a/ The goods are still usable; 
 b/ The infringing elements have been removed from the goods;   IP/N/1/VNM/E/1 
 Page 21 
 
 
  c/ The distribution and use is for non-commercial purposes with priority given to humanitarian or 
charity purposes or public interest;  d/ The receivers of goods for use are not potential customers of the right holders.  
2. The provisions of Clause 1 of this Article also  apply to raw materials, materials and means used 
mainly for production of, or trading in, infringing goods. 
 
Article 30.-  Forcible destruction 
 
The forcible destruction of infringing goods as we ll as raw materials, materials and means used 
mainly for production of, or trading in, those goods applies to cases where exist no conditions to apply the forcible distribution or putting to use fo r non-commercial purposes of goods as prescribed in 
Article 29 of this Decree. 
 
Article 31.-  Execution of sanctioning decisions 
 1. Past 10 days after sanctioned organizations or individuals receive sanctioning decisions, if they do 
not voluntarily execute such decisions, the persons with sanctioning competence shall issue decisions 
to coerce the execution thereof.  
2. The execution and coercive execution of sanctioning decisions as well as the statute of limitations 
for execution of sanctioning decisions  against administrative violations comply with the provisions of 
Articles 64, 65, 66, 67, 68 and 69 of the Ordi nance on Handling of Administrative Violations. 
 
Chapter IV 
COMPLAINT, DENUNCIATION, AND HANDLING OF VIOLATIONS 
 
Article 32.-  Complaints about decisions on sanctioning of administrative violations 
 Individuals, organizations or their lawful represen tatives are entitled to complain about decisions on 
sanctioning of administrative violations in the do main of industrial property, issued by competent 
persons defined in Article 18 of this Decree. The complaint and complaint settlement procedures 
comply with the provisions of Articles 118 and 119 of the Ordinance on Handling of Administrative Violations. Complaints about decisions on sanctioning  of administrative violations do not suspend the 
execution of decisions on sanctioning of administ rative violations in the domain of industrial 
property.  
Article 33.-  Handling of persons with competence to sanction administrative violations 
 Persons with competence to handle administrative vi olations in the domain of industrial property who 
violate the regulations on sanctioning of administra tive violations shall be handled according to the 
provisions of Article 121 of the Ordinance on Handling of Administrative Violations.  
Article 34.-  Handling of violations committed by persons  administratively sanctioned in the domain 
of industrial property  If persons administratively sanctioned in the domain of industrial property commit violations while 
executing sanctioning decisions or other violations, they shall be handled according to the provisions 
of Article 122 of the Ordinance on Handling of Administrative Violations. 
 IP/N/1/VNM/E/1 
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  Chapter V 
IMPLEMENTATION PROVISIONS 
 
Article 35.-  Transitional provisions 
 
1. This Decree’s provisions on handling of infringement of rights to inventions also apply to 
infringement of rights to utility solutions protected  under the 1995 Civil Code  and the Government’s 
Decree No. 63/CP of October 24, 1996, providin g in detail for industrial property, which was 
amended and supplemented by Decree No. 06/2001/ND-CP of February 1, 2001. 
 
2. This Decree’s provisions on handling of infringement of rights to geographical indications also 
apply to infringement of appellations of origin of  goods protected under the 1995 Civil Code and the 
Government’s Decree No. 63/CP of October 24, 1 996, providing in detail for industrial property, 
which was amended and supplemented by Decr ee No. 06/2001/ND-CP of February 1, 2001. 
 
Article 36.-  Implementation effect 
 1. This Decree takes effect 15 days after its publication in “CONG BAO.”  2. This Decree replaces the Government’s D ecree No. 12/1999/ND-CP of March 6, 1999, on 
sanctioning of administrative violations in the domain of industrial property. 
 
a/ Violations which have been recorded in writing as administrative violations before the 
promulgation of this Decree shall be sanctioned according to the provisions of Decree No. 12/1999/ND-CP.  
b/ Violations which have been recorded in writi ng as administrative violations after the promulgation 
but before the effective date of this Decree sh all be sanctioned according to Decree No. 12/1999/ND-
CP, if the fine levels applicable to such viol ations are higher than those prescribed in Decree 
No. 12/1999/ND-CP.  3. This Decree replaces the provisions on counterfe it goods related to trademarks, industrial designs 
or appellations of origin of goods at Points 2.4 and 4.1, Part III of Joint Circular No. 10/2000/TTLT-
BTM-BTC-BCA-BKHCNMT of April 27, 2000, of the Ministry of Trade, the Ministry of Finance, the Ministry of Public Security and the Ministry of Science and Technology, guiding the implementation of the Prime Minister’s Directiv e No. 31/1999/CT-TTg of October 27, 1999, on the 
fight against production of, a nd trading in, counterfeit goods. 
 
Article 37.-  Responsibilities for implementation 
 1. The Minister of Science and Technology, the Minister  of Trade, the Minister of Public Security and 
the Minister of Finance shall, within the ambit of  their management functions , detail, guide, organize 
and inspect the implementation of this Decree. 
 
2. Ministers, heads of ministerial-level agen cies, heads of government-attached agencies and 
presidents of provincial/municipal People’s  Committees shall implement this Decree. 
 On behalf of the Government 
Prime Minister 
NGUYEN TAN DUNG 
 
__________