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GOVERNMENT
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
186/2026/ND-CP
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Hanoi,
May 26, 2026
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DECREE
AMENDING
DECREE NO. 99/2013/ND-CP DATED AUGUST 29, 2013 OF THE GOVERNMENT, ON PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INDUSTRIAL PROPERTY
AMENDED BY DECREE NO. 126/2021/ND-CP DATED DECEMBER 30, 2021 AND DECREE NO.
46/2024/ND-CP DATED MAY 4, 2024 OF THE GOVERNMENT
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on Local
Government Organization No. 72/2025/QH15;
Pursuant to the Law on Penalties
for Administrative Violations No. 15/2012/QH13, amended by the Customs Law No.
54/2014/QH13, the Fisheries Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No.
09/2022/QH15, the Inspection Law No. 11/2022/QH15, Law No. 56/2024/QH15, and
Law No. 88/2025/QH15;
Pursuant to the Law on
Intellectual Property No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No.
42/2019/QH14, Law No. 07/2022/QH15, the Law on Science, Technology and
Innovation No. 93/2025/QH15 and Law No. 131/2025/QH15;
Pursuant to the Law on Information
Technology No. 67/2006/QH11 amended by the Law on Planning No. 21/2017/QH14,
the Law on Electronic Transactions No. 20/2023/QH15, the Law on
Telecommunications No. 24/2023/QH15, the Law on Technology Industry No.
71/2025/QH15, and the Law on Inspection No. 84/2025/QH15;
Pursuant to the Law on
Competition No. 23/2018/QH14;
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Pursuant to the Law on
Inspection No. 84/2025/QH15;
At the request of the Ministry
of Science and Technology;
The Government hereby issues a
Decree amending Decree No. 99/2013/ND-CP dated August 29, 2013 of the
Government on penalties for administrative violations against regulations on
industrial property amended by Decree No. 126/2021/ND-CP dated December 30,
2021 and Decree No. 46/2024/ND-CP dated May 4, 2024 of the Government.
Article 1. Amendment to point a
of clause 3 of Article 3
“a) Enforced removal of violating
elements from goods and means of trading; enforced return of domain names;
enforced revocation of domain names; blocking access to domain names infringing
industrial property rights; enforced change of enterprise names and business
household names; enforced removal of violating elements from enterprise names
and business household names;”.
Article 2. Amendment to point c
of clause 18 of Article 14
"c) Enforced change of the
name of the enterprise or business household to remove the violating elements
in such name for violations specified in Point a of Clause 13, and Clause 15 of
this Article; enforced return of the domain name; blocking access to a domain
name infringing industrial property rights for violations specified in
specified in Point a of Clause 16 of this Article;".
Article 3. Amendment to Article
15
“Article 15. Distinction of
powers to impose penalties
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2. Market Surveillance officers,
and the Heads of Specialized inspection delegations established by the Minister
of Industry and Trade, during the inspection period and within their
jurisdiction, shall have the authority to impose penalties for the following
violations:
a) Violations specified in Articles
12 and 13 of this Decree in the manufacturing, trading, offering, transporting,
storing, or displaying goods or in the providing commercial services in the
domestic market;
b)
Violations specified in Articles 6, 9, 11, and 14 of this Decree in the
manufacturing, trading, offering, transporting, storing, or displaying goods or
in the providing commercial services in the domestic market. In the case of
imposing penalties for violations specified in Point b of this Clause where the
manufacturer of that type of goods can be identified, Market Surveillance
officers and the Head of a Specialized inspection delegation established by the
Minister of Industry and Trade shall have the authority to impose penalties for
the violation at the manufacturing establishment.
3. Customs officers, and the Head
of a Specialized inspection delegation established by the Minister of Finance,
during the inspection period and within their jurisdiction, shall have the
authority to impose penalties for violations specified in Articles 6, 9, 10,
11, 12, 13, and 14 of this Decree in the importation of goods, transit, and the
transportation of goods within the customs operational area.
4. Police officers, and the Head of
a Specialized inspection delegation established by the Minister of Public
Security, during the inspection period and within their jurisdiction, shall
have the authority to impose penalties for violations specified in Clause 1 of
Article 5; Point e of Clause 1, and Clause 4 of Article 7; Clause 4 of Article
8; and Articles 9, 12, and 13 of this Decree.
5. The Presidents of provincial and
commune-level People's Committees shall have the authority to impose penalties
for violations against regulations on industrial property occurring within
their areas in accordance with the principles for determining and
distinguishing power to impose administrative penalties specified in Articles
37a and 52 of the Law on Penalties for Administrative Violations.
6. Directors of Departments of
Science and Technology have the authority to impose penalties for violations
specified in Chapter II of this Decree occurring within their areas, in
accordance with the principles for determining and determining and
distinguishing power to impose administrative penalties specified in Articles
37a and 52 of the Law on Penalties for Administrative Violations.".
Article 4. Addition of Article
15a after Article 15
“Article 15a. Authority to
impose penalties of title holders under the Ministry of Science and Technology
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a) Warning;
b) Fines of up to VND 200.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
2. The
Director-General of the Intellectual Property Office shall have the authority
to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
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dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. The
Head of the Industrial property inspection delegation established by the
Minister of Science and Technology shall have the authority to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.”.
Article 5. Annulment of Article
16 and Article 17
Article 6. Amendment to Article
18
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1. On-duty market controllers have
the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 25.000.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Leaders
of Market Surveillance Teams affiliated to Market Surveillance Sub-Departments
under the control of the Department of Industry and Trade have the power to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND 125.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
4. Director-General
of the Agency for Domestic Market Surveillance and Development has the power to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
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dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
5. The
Head of the Industrial property inspection delegation established by the
Minister of Industry and Trade shall have the authority to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing licenses/certificates
or operation; or suspension of the business operation of the violating goods or
services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.”.
Article 7. Amendment to Article
19
“Article 19. Authority to impose
penalties of Customs authorities
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a) Warning;
b) Fines of up to VND 12.500.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Head
of border/out-of-border checkpoint customs office; Head of the Customs
Procedure inspection and Post-customs clearance inspection team, Head of
Customs Clearance Team, Head of Customs Control Team under the Regional Customs
Sub-Department; Head of the Anti-Smuggling Control Team under the
Anti-Smuggling Investigation Sub-Department; the Head of the Regional Post-Clearance
Inspection Team under the Post-Clearance Inspection Sub-Department have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
3. Heads
of the Anti-Smuggling Investigation Sub-Departments, Heads of the
Post-Clearance Inspection Sub-Departments, and Heads of Regional Customs
Sub-Departments have the power to impose the following forms of penalty:
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b) Fines of up to VND 125.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
4. Director-General
of Department of Vietnam Customs has the power to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
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5. The
Head of the Industrial property inspection delegation established by the
Minister of Finance shall have the authority to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.”.
Article 8. Amendment to Article
20
“Article 20. Authority to impose
penalties of People’s Police forces
1. Police officers on duty have the
power to impose:
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b) Fines of up to VND 25.000.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Heads
of police stations, heads of stations; leaders have the right to impose the following
forms of penalties:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
dd) Remedial measures as prescribed
in point d of Clause 3 of Article 3 hereof.
3. Heads
of commune-level police authorities have the power to impose the following
forms of penalty:
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b) Fines of up to VND 125.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points b, d, g, h and i of Clause 3 of Article 3 hereof.
4. Heads of
professional divisions under the Bureau of Economic Security, Heads of
professional divisions under the Bureau of Cybersecurity and Cybercrime
Prevention and Control, and Heads of provincial-level Police authorities,
including: Head of Police Division of Corruption, Financial Crimes, and
Smuggling Investigation, Head of Economic Security Division, Head of Division
of Cybersecurity and Cybercrime Prevention and Control, Head of Police Division
for Administrative Management of Social Order, Chief of Office of the
Investigation Police Agency of the provincial-level Police authority, have the
authority to impose:
a) Warning;
b) Fines of up to VND 200.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
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5. Directors
of the provincial police authorities have the power to impose the following
forms of penalty:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points b, d, g, h and i of Clause 3 of Article 3 hereof.
6. Head
of Police Bureau of Corruption, Financial Crimes, and Smuggling Investigation,
Head of Economic Security Bureau, Head of Bureau of Cybersecurity and
Cybercrime Prevention and Control, Head of Police Bureau for Administrative
Management of Social Order, Chief of Office of the Investigation Police Agency
of the Ministry of Public Security, have the authority to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
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d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points b, d, g, h and i of Clause 3 of Article 3 hereof.
7. The
Head of the Industrial property inspection delegation established by the
Minister of Public Security shall have the authority to impose:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points b, d, g, h and i of Clause 3 of Article 3 hereof.”.
Article 9. Amendment to Article
21
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1. Presidents of commune-level
People's Committees have the authority to:
a) Warning;
b) Fines of up to VND 125.000.000;
c) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
2. The
Director of the Department of Science and Technology shall have the right to
impose the following penalties:
a) Warning;
b) Fines of up to VND 200.000.000;
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d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Points a, b, c, d, dd, g, and h of Clause 3 of Article 3 hereof.
3. Presidents
of Provincial People's Committees have the authority to:
a) Warning;
b) Fines of up to VND 250.000.000;
c) Confiscation of exhibits and/or
instrumentalities;
d) Suspension of practicing
licenses/certificates or operation; or suspension of the business operation of
the violating goods or services;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.”.
Article 10. Amendment to Article
21a
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Authority for preparation of
records of administrative violations against regulations on industrial
property:
1. Persons competent to impose
penalties for administrative violations against regulations on industrial
property specified in Articles 15a to 21 hereof on duty shall have the
power to prepare records for administrative violations within their
jurisdiction as prescribed in Article 15 hereof Decree and their assigned functions,
tasks, and powers;
2. "Persons in the People's
Public Security Force on duty; civil servants and public employees in the
agencies specified from Article 15a to Article 21 of this Decree on duty, in
respect of administrative violations within the scope of authority specified in
Article 15 of this Decree and their assigned functions, duties, and powers; and
inspectors, members of inspection delegations, and civil servants of inspection
agencies when conducting inspections in the field of industrial property.".
Article 11. Amendment to clause
3 of Article 23
"3. The letter of attorney
submitted together with the application for handling of infringement must be an
original or a certified true copy of the original. A letter of attorney made in
a foreign language must be submitted together with a Vietnamese translation
certified by the local government, or accompanied by a commitment and
confirmation from the industrial property representative acting as the
authorized party.
If the letter of attorney is a copy
of the original letter of attorney previously submitted in an earlier dossier
to the same infringement-handling agency, it shall also be deemed valid,
provided that the applicant clearly indicates the application number previously
submitted, and that the referenced original power of attorney remains valid and
consistent with the content of the authorization.".
Article 12. Amendment to Article
30
“Article 30. Rules and
procedures for imposing penalties
1. Upon discovering an
administrative violation against regulations on industrial property, the
competent person specified from Article 15a to Article 21 of this Decree and
civil servants and public employees on duty shall have the authority to prepare
an administrative violation record.
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3. The determination of an
administrative violation that has ended/an on-going administrative violation
for the purpose of calculating the statute of limitations for imposing
administrative penalties shall comply with Clause 1 of Article 8 of Decree No.
118/2021/ND-CP dated December 23, 2021, of the Government, on elaboration and
measures for implementation of the Law on Penalties for Administrative
Violations amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.
4. Penalties for administrative
violations against regulations on industrial property in the electronic
environment shall be imposed when the conditions on infrastructure, technology,
and information, and the requirements specified in Article 18a of the Law on
Handling of Administrative Violations, are satisfied.
5. The procedures for imposing
administrative penalties shall be carried out in accordance with Section 1 of
Chapter III of the Law on Penalties for Administrative Violations.".
Article 13. Amendments to
clauses 2 and 3, addition of clause 3a after clause 3 of Article 31
“2. Remedial measure of enforced re
change of enterprise names and business household names; enforced removal of
violating elements from enterprise names and business household names
a) If the competent person issues
the decision on the administrative penalty or the decision applying the
remedial measure that include the remedial measure of enforced change of
enterprise names and business household names; enforced removal of violating
elements from enterprise names and business household names, the imposing authority
shall send such decision to the relevant parties and to the business
registration agency for information. Within 60 days from the effective date of
such decision, the violating enterprise shall change its enterprise name or
business household name, or remove the violating elements in its name, and
report the results of implementation to the person who issued that decision
within 10 days from the date the change or the removal is completed;
b) Where the violating enterprise
or business household fails to carry out the procedures to change its name or
remove the violating elements, enforcement shall be carried out. Within 10 days
from the expiration of the enforcement period for the decision specified in
Point a of this Clause, the imposing authority shall notify the business
registration agency for cooperation in handling
Within 5 days from the date of
receiving the notification from the imposing agency, the business registration
agency shall issue a Notice requesting the enterprise or business household to
submit an explanatory report and handle the matter in accordance with Point c
of Clause 1 of Article 216 of the Law on Enterprises;
c) Responsibility for and
cooperation in handling enterprise names or business household names that
infringe industrial property:
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The business registration agency of
the area where the enterprise or business household placed its head office
shall receive and resolve applications for change of the enterprise name or
business household name at the request of the imposing agency or the industrial
property holder; and request the enterprise or business household to submit an
explanatory report in accordance with the Law on Enterprises, or the law
applicable to business households, upon receiving the notification from the
imposing agency.
3. The remedial measure of enforced
return of domain names
a) If the organization or
individual is subject to enforced return of a domain name, they shall carry out
the procedures to return the domain name at the domain name registrar within 30
days from the effective date of the administrative penalty decision or the
decision on applying the remedial measure;
b) After the above time limit, if
the violating organization or individual fails to carry out such procedures,
they shall be subject to enforced revocation of the domain name;
c) The Ministry of Science and
Technology (Vietnam Internet Network Information Center) shall cooperate with
Vietnamese national ".vn" domain name registrars in revoking
".vn" Vietnamese national domain names; cooperate with international
domain name registrars in Vietnam and New gTLD Registry organizations in
Vietnam in revoking international domain names to execute the enforcement
decision specified in Point b of this Clause.
Domain name registrars and New gTLD
Registry organizations in Vietnam shall notify the domain name registrant of
the revocation, carry out the domain name revocation operations, and send a
written report to the person who issued the penalty decision and to the
Ministry of Science and Technology (Vietnam Internet Network Information
Center) within 10 days from the date the domain name revocation is
completed."
3a. The remedial measure of
blocking access to a domain name infringing industrial property
If the state authority competent to
impose administrative penalties in accordance with this Decree issues a
decision on applying the measure of blocking access to a domain name infringing
industrial property, within 5 days from the date of receiving the decision, the
telecommunications enterprise shall apply the necessary technical measures to
block access to the domain name on the Internet in Vietnam, and shall send a
written report on the results to the issuing authority within 10 days after
completion. If the competent authority issues a decision to restore access to
the domain name, the telecommunications enterprise shall restore access to the
domain name on the Internet in Vietnam within 3 days from receiving such
decision and send a written report to the issuing person within 10 days from
the date the restoration is completed.".
Article 14. Amendment to Article
32
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1. The amendment, correction,
cancellation, or new issuance of decisions on administrative penalties shall
comply with laws on penalties for administrative violations.
2. Upon issuance of amending,
correcting, or cancelling decisions or new decisions on administrative
penalties in accordance with Clause 1 of this Article, the competent shall,
within their authority and based on the nature and status of execution of the
decision and the relevant laws, decide the application of one or more of the
following measures:
a) If the administrative penalty
decision has already been executed by the competent entity, they shall request
the State Treasury office where the fine was collected to refund part or all of
the fine paid, in accordance with the amending, cancelling or new decision,
within 15 days from the date of issuance of such decision;
b) For exhibits and/or
instrumentalities used in the commission of administrative violations;
If the goods, items, or means of
trading are being confiscated and have not yet been disposed of, they shall be
returned to the organization or individual in accordance with the amending,
cancelling, or new decision.
If the goods, items, or means of
trading have already been disposed of, the organization or individual that
requested the imposition of penalties shall be responsible for compensating the
organization or individual that was subject to such penalties in accordance
with the commitment made when requesting the imposition of penalties, if
any.".
Article 15. Annulment of clauses
2 and 3 of Article 35
Article 16. Replacement of
certain phrases in Decree No. 99/2013/ND-CP dated August 29, 2013, of the
Government, on penalties for administrative violations against regulations on
industrial property amended by Decree No. 126/2021/ND-CP dated December 30,
2021, and Decree No. 46/2024/ND-CP dated May 4, 2024, of the Government
1. The phrase "specified in
Articles 16 to 21 of this Decree” is replaced with the phrase "specified
from Article 15a to Article 21 of this Decree" in Clause 2, Article 2.
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3. The phrase "maintaining the
current status of the domain name" is replaced with the phrase
"maintaining the current status of registration and use of the domain
name" in Clauses 3 and 4 of Article 3a.
4. The phrase "domain name
registrar" is replaced with the phrase "domain name registrar, New
gTLD Registry organization in Vietnam" in Clauses 3 and 4 of Article 3a.
5. The phrase "enterprise
name" is replaced with the phrase "enterprise name, business
household name" in Point d of Clause 17 of Article 11.
Article 17. Responsibilities for
implementation
Ministers, Heads of ministerial
agencies, Presidents of provincial People's Committees, and relevant agencies
are responsible for organizing the implementation of this Decree.
Article 18. Effect
This Decree comes into force from
July 15, 2026.
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ON
THE BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Quoc Dung