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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 46/2024/ND-CP
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Hanoi, May 4, 2024
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DECREE
AMENDMENTS TO DECREE NO. 99/2013/ND-CP DATED AUGUST 29, 2013
OF THE GOVERNMENT OF VIETNAM ON ADMINISTRATIVE SANCTIONS IN INDUSTRIAL
PROPERTY, AMENDED BY DECREE NO. 126/2021/ND-CP DATED DECEMBER 30, 2021 OF THE
GOVERNMENT OF VIETNAM
Pursuant to the Law on
Organization of the Government of Vietnam dated June 19, 2015; the Law on
Amendments to the Law on Organization of the Government of Vietnam and the Law
on Organization of the Local Government of Vietnam dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012; Law on Amendments
to the Law on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to the Law on
Intellectual Property dated November 29, 2005; the Law on amendments to the Law
on Intellectual Property dated June 19, 2009; the Law on amendments to
the Law on Insurance Business and the Law on Intellectual Property dated
June 14, 2019, and the Law on amendments to the Law on Intellectual Property
dated June 16, 2022;
Pursuant to the Law on
Information Technology dated June 29, 2006;
Pursuant to the
Competition Law dated June 12, 2018;
Pursuant to the Law on
Enterprises dated June 17, 2020;
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The Government of
Vietnam hereby promulgates a Decree on amendments to Decree No. 99/2013/ND-CP
dated August 29, 2013 of the Government of Vietnam on administrative sanctions
in industrial property, amended by Decree No. 126/2021/ND-CP dated December 30,
2021 of the Government of Vietnam.
Article
1. Amendments to Decree No. 99/2013/ND-CP dated August 29, 2013 of the
Government of Vietnam on administrative sanctions in industrial property,
amended by Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government
of Vietnam
1. Amendments to Clause 1
Article 1:
“1. This Decree provides
for acts of administrative violations; sanctioning forms and levels, remedial
measures; entities subject to sanctions; competence to formulate administrative
violation reports, competence to impose sanctions against administrative violations,
competence to apply remedial measures, competence to accept written requests
for acts of infringing on industrial property rights, specific fines by each
position; procedures for handling acts of infringing on industrial property
rights; enforcement of decisions on sanctions for administrative violations and
remedial measures in industrial property.”.
2. Amendments to Clause 4
Article 1a:
“4. Entities subject to
administrative sanctions being branches, representative offices, business
locations of juridical persons and organizations shall comply with the Decree
of the Government of Vietnam on elaboration on several articles and
implementation measures of the Law on Administrative Violation Handling.”.
3. Amendments to Article
3:
a) Amendments to Point c
Clause 2:
“c) Partial or whole
suspension of production, trading, or services for 1 to 3 months from the
effective date of the sanctioning decision.”.
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“a) Compulsory removal of
violating elements on goods or means of trading; compulsory return of domain
names; compulsory recovery of domain names; compulsory change of enterprise
names and removal of violating elements in enterprise names;
b) Compulsory
distribution or use for non-commercial purposes of goods bearing counterfeit
marks or geographical indications;
c) Compulsory expulsion
from Vietnamese territory or re-export of goods subject to import or transit
bearing counterfeit marks or geographical indications; means, materials,
and ingredients imported for production and trading of goods bearing
counterfeit marks or geographical indications after the removal of violating
elements on violating goods;”.
c) Amendments to Point dd
Clause 3:
“dd) Compulsory additions
of industrial property indications;”.
d) Amendments to Points g
and h Clause 3:
“g) Compulsory
restoration of the initial state;
h) Compulsory remittance
of illegal earnings from administrative violations if such illegal earnings are
justifiably determined; compulsory remittance of an amount equal to the value
of the exhibit or mean of administrative violation which has been sold,
dispersed, or destroyed contrary to the law if such sale, dispersion, or
destruction is justifiably determined; compulsory provision of compensations if
there are grounds to determine that the prices of the transfer of rights to use
inventions, utility solutions, industrial designs, or layout designs are
infringed within the respective use scope and duration;”.
dd) Clause 4 is
added:
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4. Article 3a is added
after Article 3:
“Article 3a.
Application of measures to prevent and ensure the handling of administrative
violations
1. The application of
measures to prevent and ensure the handling of administrative violations shall
comply with the Fourth Part of the Law on Administrative Violation Handling and
this Decree.
2. The confiscation of
domain names shall comply with Clause 1 Article 125 of the Law on
Administrative Violation Handling to handle administrative violations
prescribed in Point a Clause 16 Article 14 of this Decree.
3. Competent authorities
and persons may request the Ministry of Information and Communications of
Vietnam (Vietnam Internet Network Information Center) and the Domain Name
Registrars to cooperate, provide specialized feedback, and maintain the states
of concerned domain names before implementing measures to confiscate exhibits
and means used for administrative violations.
4. The Ministry of
Information and Communications of Vietnam (Vietnam Internet Network Information
Center) and Domain Name Registrars shall cooperate with competent authorities
and persons in confiscating domain names, providing specialized feedback, and
maintaining the states of domain names.”.
5. Amendments to Article
4:
“Article 4. Valuation of
exhibits and means used for violations used for determination of fines and
competence to impose sanctions
1. Grounds to evaluate
exhibits and means of administrative violations prescribed in this Decree shall
be applied based on one of the grounds prescribed in Points a,
b, and c Clause 2 Article 60 of the Law on Administrative Violation Handling by
order of priority.
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3. The principle of the
valuation of infringing goods shall comply with the principle prescribed in the
Decree on elaboration on several articles and implementation measures of the
Law on Intellectual Property regarding industrial property, protection of
industrial property rights and rights to plant varieties, and state management
of intellectual property.”.
6. Amendments to the
title and several Points of Article 6:
a) Amendments to the
title of the Article:
“Article 6. Violations
against regulations on indications on protection of industrial property rights
and transfer of rights to use industrial property subject matters”.
b) Amendments to Point c
Clause 1:
“c) Failing to formulate
a written contract after receiving transferred rights to use marks in case of
using transferred marks on goods or packaging of goods; providing wrongful
indications or no indication on goods produced under contracts to use
industrial property subject matters.”.
c) Amendments to Point a
Clause 2:
“a) Compulsory removal of
violating elements on goods and means of trading regarding acts of violations
prescribed in Points a and b Clause 1 of this Article and acts of providing
wrongful indications on goods produced under contracts to use industrial
property subject matters prescribed in Point c Clause 1 of this Article;”.
d) Amendments to Point c
Clause 2:
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7. Amendments to a number
of Points and Clauses of Article 7 are as follows:
c) Points dd and e are
added after Point d Clause 1:
“dd) Failing to notify
amounts and fees relevant to procedures for establishing and protecting
industrial property rights for clients;
e) Deceiving clients in
the conclusion and implementation of contracts of services of industrial
property representatives but not liable to criminal prosecutions or forcing
clients in the conclusion and implementation of contracts of industrial
property representation services.”.
b) Amendments to Point c
Clause 2:
“c) Failing to provide or
inaccurately and insufficiently providing notifications and requests of state
competent authorities of the establishment, dispute settlement, and handling of
violations concerning industrial property within the requested time limit for
the represented party, excluding cases of objective obstacles and force
majeure;”.
c) Amendments to Point a
Clause 3:
“a) Trading or practicing
industrial property representation services without meeting the conditions for
trading and practice prescribed in Article 154 and Article 155 of the Law on
Intellectual Property;”.
d) Amendments to Clause
5:
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a) Stripping off rights
to use industrial property representation service practicing certificates for 1
to 2 months regarding violating individuals or partially suspending the trading
of industrial property representation services for 1 to 2 months regarding
violating organizations for violations prescribed in Points a, b, c, d, dd, g,
and i Clause 2 of this Article from the effective date of the sanctioning
decisions;
b) Confiscating rights to
use industrial property representation service practicing certificates for 2 to
3 months regarding violating individuals or wholly suspending the trading of
industrial property representation services for 2 to 3 months regarding
violating organizations for violations prescribed in Clause 4 of this Article
from the effective date of the sanctioning decisions;
8. Amendments to Article
9:
“Article 9. Violations
against regulations on sealing and confiscation of exhibits and means used for
violations during investigation and inspection
1. A fine ranging from
2.000.000 VND to 5.000.000 VND for acts of failing to ensure the initial state
or unsealing exhibits or means used for violations subject to sealing or
confiscation.
2. A fine ranging from
5.000.000 VND to 10.000.000 VND for acts of altering exhibits or means subject
to investigation, inspection, confiscation, or sealing but have yet to sell,
disperse, or destroy them.
3. A fine ranging from
15.000.000 VND to 30.000.000 VND for acts of selling, dispersing, or destroying
exhibits or means subject to investigation, inspection, sealing, or
confiscation.
4. Remedial measures:
a) Compulsory restoration
of the initial state of exhibits or means used for violations that have been
altered regarding violations prescribed in Clause 2 of this Article;
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9. Amendments to Article
10:
a) Amendments to Point a
Clause 1:
“a) Selling; providing
quotations; storing for sale; transporting (excluding transit) goods infringing
on rights to inventions, utility solutions, and layout designs or products
produced from infringement on rights to inventions and utility solutions;”.
b) Clause 13a is added
after Clause 13:
“13a. A fine ranging from
20.000.000 VND to 30.000.000 VND for acts of using inventions, utility
solutions, or layout designs without paying compensations according to
regulations on provisional rights prescribed in Article 131 of the Law on
Intellectual Property.”.
c) Amendments to Points a
and b Clause 15:
“a) Compulsory removal of
violating elements and destruction of violating elements regarding violations
prescribed in this Article;
b) Compulsory destruction
of exhibits and means used for violations in case of failure to remove
violating elements regarding violations prescribed in this Article;”.
d) Point dd is added to
Clause 15:
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10. Amendments to Clause
11:
a) Amendments to Point a
Clause 1:
“a) Selling; providing
quotations; storing for sale; transporting (excluding transit) goods and
services infringing on rights to marks, trade names, geographical indications,
or industrial designs;”.
b) Clause 14a is added
after Clause 14:
“14a. A fine ranging from
20.000.000 VND to 30.000.000 VND for acts of using industrial designs without
paying compensations according to regulations on provisional rights prescribed
in Article 131 of the Law on Industrial Property.”.
c) Amendments to Point d
Clause 17:
“d) Compulsory change of
enterprise names and removal of violating elements in enterprise names
regarding violations prescribed in Clauses 1 through Clause 15 of this
Article;”.
d) Point e is added to
Clause 17:
“e) Compulsory
compensations equivalent to the price of the transfer of rights to infringed
industrial designs within the respective use scope and duration for violations
prescribed in Clause 14a of this Article.”.
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a) Amendments to the
title of the Article:
“Article 12.
Production, import, trading, quotation provision, storage for sale, display for
sale, and transportation of goods bearing counterfeit marks or geographical
indications not liable for criminal prosecutions”.
b) Amendments to Point a
Clause 1:
“a) Selling; providing
quotations; storing for sale; transporting (including transit) goods bearing
counterfeit marks or geographical indications;”.
c) Amendments to Clause
12:
“a) Confiscation of
exhibits and means used for violations prescribed in this Article, excluding
cases of applying remedial measures prescribed in Points a, b, or c Clause 13
of this Article;
b) Partial or whole
suspension of production, trading, or services from 1 to 3 months for acts of
producing, importing, or ordering, assigning, or hiring others to conduct the
production or import prescribed in this Article.”.
d) Amendments to Clause
13:
“a) Compulsory
destruction of goods bearing counterfeit marks or geographical indications;
materials, ingredients, and means used mainly for producing and trading goods
bearing counterfeit marks or geographical indications regarding violations
prescribed in this Article, excluding cases of applying remedial measures
prescribed in Point b or Point c of this Clause;
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c) Compulsory expulsion
from Vietnamese territory or re-export of goods subject to import or transit
bearing counterfeit marks or geographical indications; imported means,
materials, and ingredients used mainly for producing and trading goods bearing
counterfeit marks or geographical indications after the removal of violating
elements regarding acts of importing, transiting, or ordering, assigning, or
hiring others to conduct the import and transit prescribed in this Article;
d) Compulsory remittance
of illegal earnings from violations prescribed in Clauses 1 through 10 of this
Article.”.
12. Amendments to the
title and Points of Article 13:
a) Amendments to the title
of the Article:
“Article 13.
Production, import, trading, provision, storage for sale, display for sale, and
transportation of stamps, labels, and goods bearing counterfeit marks or
geographical indications”.
b) Amendments to Point a
Clause 1:
“a) Selling; providing;
storing for sale; displaying for sale; transporting (including transit) stamps,
labels, packaging, and goods bearing counterfeit marks or geographical
indications;”.
13. Amendments to Clause
14:
a) Amendments to Point a
Clause 1:
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b) Clause 15a is added
after Clause 15:
“15a. A fine ranging from
50.000.000 VND to 100.000.000 VND for acts of infringing on rights to business
secrets according to Article 127 of the Law on Intellectual Property.”.
c) Amendments to Point a
Clause 16:
“a) Appropriating or
using identical or similar domain names causing confusion over the protected
marks or trade names of others or geographical indications not entitled to use
for malicious purposes or taking advantage of the reputation and prestige of
the mentioned marks, trade names, or geographical indications for illegal
earnings;”.
14. Amendments to the
title and Clauses of Article 15:
a) Amendments to the
title of the Article:
“Article 15.
Determination of sanctioning competence”.
b) Amendments to Clauses
3, 4, and 5:
“3. Market Surveillance
Authorities are competent to impose sanctions on the following violations:
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b) Violations prescribed
in Articles 6, 9, 11, and 14 of this Decree in trading, quotation provision,
transportation, storage, and display of goods in domestic markets. During
the handling of violations prescribed in Point b Clause 3 of this Article, if
the facilities producing those goods are identified, Market Surveillance
Authorities may continue to handle such violations at the production
facilities.
4. Customs Authorities
are competent to impose sanctions on violations prescribed in Articles 6, 9,
10, 11, 12, 13, and 14 of this Decree in goods import, transit, and
transportation in areas of customs operations.
5. Public Security
Authorities are competent to impose sanctions on violations prescribed in
Clause 4 Article 8 and Articles 9, 12, and 13 of this Decree.”.
15. Amendments to Clause
2 Article 21a:
“2. Persons in People’s
Public Security Forces performing official work and tasks; officials and public
employees in authorities prescribed in Articles 16 through 21 of this Decree
performing official work and tasks.”.
16. Amendments to the
title of Chapter IV:
“Chapter IV.
PROCEDURES FOR HANDLING OF INFRINGEMENT ON INDUSTRIAL PROPERTY RIGHTS”
17. Amendments to Article
22:
“Article 22. Grounds
to verify administrative violations of infringement on industrial property
rights
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a) Requests for handling
of infringement on rights of holders of industrial property rights;
b) Results of the inspection
or examination of authorities competent to impose administrative sanctions;
c) Requests from
organizations and individuals that suffer damage or are likely to be
damaged due to unfair competition activities in industrial property
d) Information provided
by organizations and individuals detecting infringement on industrial property
rights that causes damage to consumers or society or violations concerning
goods, stamps, labels, and items bearing counterfeit marks or geographical indications.
2. Holders of industrial
property rights prescribed in Point a Clause 1 of this Article include:
a) Holders of industrial
property rights that suffer damage caused by infringement, including
organizations authorized to manage protected geographical indications in
Vietnam;
b) Persons entitled to
use industrial property subject matters that suffer damage caused by
infringement if holders of industrial property rights do not restrict their
rights to request handling of violations.
3. Authorities competent
to impose sanctions prescribed in Point b Clause 1 of this Article shall
proactively inspect, examine, detect, and cooperate with holders of industrial
property rights in verifying administrative violations concerning:
a) Goods, stamps, labels,
packaging, and other items bearing counterfeit marks or geographical
indications;
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18. Amendments to Article
23:
“Article 23.
Authorization of requests for handling of infringement on industrial property
rights
1. Holders of industrial
property rights prescribed in Clause 2 Article 22 of this Decree shall submit
applications for handling of infringement on industrial property rights in
person or authorize heads of their representative offices, branches, or agents
or their industrial property representatives in Vietnam to carry out the
submission.
2. The authorization
shall be made into letters of attorney or authorization contracts.
A letter of attorney
shall contain the full names and addresses of the authorizing party and the
authorized party; authorization scope; authorization time limit; formulation
date of the letter; signatures and seals (if any) of the authorizing party;
signatures and seals (if any) of the authorized party in case of an
authorization contract.
A letter of attorney of a
Vietnamese organization or individual shall bear the signature of the legal
representative of the authorizing party and the seal of confirmation of the
authorizing party (if the seal is legally registered).
A letter
or attorney of a foreign organization or individual shall be
certified by a notary, local authority, or
consular office or certified by other legal forms according
to the law of where it is formulated.
3. A letter of attorney
enclosed with the application for handling of infringement shall be an original
copy. A letter of attorney in a foreign language shall be enclosed with a
Vietnamese translation certified by the local authority or with a specific
declaration and confirmation of the industrial property representative, which
is the authorized party.
If a copy of a letter of
attorney refers to the original copy of such a letter is included in a previous
application submitted to the same infringement handling authority, it shall be
considered valid, provided that the applicant specifies the specific number of
the submitted application and the original copy of the letter of attorney is
valid and consistent with the contents of the authorization.
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5. The authorization time
limit shall be determined according to the time limit prescribed in the letter
of attorney. If a letter of attorney does not specify the time
limit, the authorization time limit shall be determined according to Clause 3
Article 107 of the Law on Intellectual Property.”.
19. Amendments to Article
25:
“Article 25. Receipt
and assessment of applications for infringement handling in administrative
violation handling
1. Applications for
infringement handling and documents and proof enclosed with such applications
shall comply with Articles 89, 90, 91, and 92 of the Decree on elaboration on several
articles and implementation measures of the Law on Intellectual Property
regarding industrial property, protection of industrial property rights and
rights to plant varieties, and state management of intellectual property.
Regarding cases of submitting applications to many same-level
authorities, such applications shall specify the receiving authorities.
When applying for the
handling of infringement on industrial property rights according to Point a
Clause 1 Article 211 of the Law on Intellectual Property, the applicant shall
specify the nature and severity of the violation in the application for
infringement handling and provide relevant documents and proof.
2. An application
for the handling of infringement on industrial property rights
shall be submitted to infringement handling authorities prescribed in
Clause 3 Article 200 of the Law on Intellectual Property. After receiving the
application for infringement handling, the receiving authority shall determine
the competence to handle infringement on rights, if the request is within the
jurisdiction of another authority, the receiving authority shall instruct the
applicant to submit the application to a competent authority or transfer it to
such competent authority for settlement within 10 days from the date of receipt
of the application.
3. A competent authority
shall assess the application for infringement handling in compliance with the
following regulations:
a) Within 10 working days
from the date of receipt of the application for infringement handling, the
processing authority shall assess the validity of the application and its
enclosed documents and proof;
b) If the documents and
proof provided by the applicant are inadequate, the processing authority shall
request the applicant to provide additional documents and/or proof or
explanations within 30 days from the date of the request;
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d) Within 30 days from
the date of receipt of the adequate and qualified application, the processing
authority shall issue a document on the acceptance of the case and notify the
applicant of the intended handling time, procedures, and measures and request
the cooperation and support from the holder of the industrial property rights
in the inspection, examination, verification, and handling of infringement on
rights.
4. In case of any
complaint or dispute over registration rights, ownership, rights to request
infringement handling, protection conditions, or protection scope of relevant
industrial property rights after the application for infringement handling is
accepted, the accepting authority shall:
a) Request concerned
parties to carry out the procedure for requesting for the settlement of
complaints, denunciations, and disputes at competent authorities within 10 days
from the arising date of the dispute;
b) Request industrial
property authorities to clarify the legal states of industrial property rights
subject to complaints, denunciations, or disputes. Industrial property
authorities shall provide documents on the clarification of the legal states of
industrial property rights subject to complaints, denunciations, or disputes
within 10 days after being requested.
Within 30 days after the
receipt of the written responses from industrial property authorities, the
accepting authority shall notify the applicant of the conduct of infringement
handling procedures or refusal of the request for the handling of infringement
on industrial property rights.
5. Rights and
responsibilities of the party requested for infringement handling:
a) During the settlement
of a case, the party requested for handling may, proactively or at the request
of a competent person, provide information, documents, proof, or presentations
and work with the competent authority to settle the case in case of
disagreement with the requesting party;
b) The party requested
for handling may authorize another organization or individual meeting the
conditions prescribed in Article 23 of this Decree to be its representative for
the performance of work prescribed in Point a of this Clause;
c) The party requested
for handling may, to prove that its acts - being processes do not infringe on
rights to inventions or utility solutions, prove that the products assumed to
be produced from the processes infringing on inventions or utility solutions are,
in fact, not produced from processes of protected inventions or utility
solutions and meet the respective conditions prescribed in Clause 4 Article 203
of the Law on Intellectual Property;
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20. Amendments to Article
28:
“Article 28. Refusal
and suspension of processing of applications for infringement handling in
administrative violation handling
1. A processing authority
shall refuse to accept an application in the following cases:
a) The application for
infringement handling is submitted during complaints or disputes over
registration rights, ownership, rights to request infringement handling,
protection conditions, or protection scope of industrial property rights;
b) The applicant fails to
meet the requirements of the processing authority regarding presentations and
additions of proof to prove the status of the holder of industrial property
rights and infringement during the time limit prescribed in Point b Clause 3
Article 25 of this Decree;
c) The prescriptive
period for administrative sanctions expires. In case of eligibility for
applying remedial measures, comply with the law on administrative violation
handling;
d) Verification results
of the processing authority deny the infringement described in the application
for infringement handling;
dd) There are
conclusions, decisions, or notifications of competent authorities of inadequate
grounds to conduct infringement handling procedures;
e) Acts requested for
handling in the application are not administrative violations according to this
Decree;
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2. A person accepting an
application for infringement handling shall suspend the processing of such an
application in the following cases:
a) There are complaints
or disputes after the acceptance of the application and settlement results of
competent authorities are required according to Clause 4 Article 25 of this
Decree;
b) Grounds to identify
infringement acts after the acceptance of the application are inadequate;
c) The applicant
withdraws the application in writing or requests to stop the case handling in
writing, excluding the case prescribed in Clause 3 of this Article.
3. If there are grounds
to identify that infringement acts are administrative violations, the competent
person shall continue to conduct the procedure for imposing administrative sanctions
on such violations even if he/she receives written requests for application
withdrawal or termination of the case handling prescribed in Point c Clause 2
of this Article.”.
21. Amendments to Article
31:
a) Amendments to Clause
2:
“2. Regarding remedial
measures of compulsory change of enterprise names or removal of violating
elements in enterprise names
a) In case competent
persons issue decisions on administrative sanctions or application
of remedial measures with the compulsory change of enterprise names or
removal of violating elements in enterprise names as remedial measures, the
sanctioning authorities shall send such decisions to concerned parties and
Business Registration Authorities for acknowledgment. Within 60 days from
the effective date of decisions on administrative sanctions or application of
remedial measures, violating enterprises shall change their names or remove
violating elements in such names;
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Within 5 working days
from the date of receipt of the notifications of sanctioning authorities,
Business Registration Authorities shall issue notifications requesting enterprises
to provide explanation reports and handle them according to Point c Clause 1
Article 216 of the Law on Enterprises;
c) Responsibilities and
cooperation in handling enterprise names infringing on industrial property
rights:
Holders of industrial property
rights shall adequately provide documents as per regulation and cooperate with
competent authorities in handling enterprise names infringing on industrial
property rights.
Business Registration
Authorities where enterprises are headquartered shall receive and
process requests for enterprise name changes according to requests from
sanctioning authorities or holders of industrial property rights; request
enterprises to provide explanation reports according to the Law on Enterprises
when receiving notifications from sanctioning authorities.”.
b) Amendments to Clause
3:
“3. Compulsory return of
domain names as remedial measures
a) In case of applying
compulsory return of domain names as remedial measures, organizations and
individuals shall carry out the procedure for returning domain names at domain
name management authorities within 30 days from the effective date of decisions
on administrative sanctions or application of remedial measures;
b) After the above time
limit, violating organizations and individuals that fail to comply shall be
subject to coerced recovery of domain names;
c) Domain name management
authorities and Domain Name Registrars shall recover domain names to
implement coercive decisions prescribed in Point b of this Clause.
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c) Clauses 5, 6, 7, 8,
and 9 are added:
“5. Regarding decisions
on administrative sanctions requiring the application of compulsory expulsion
from Vietnamese territory or re-export of exhibits and means used for
administrative violations as remedial measures, violating organizations or
individuals that fail to comply with such decisions shall be coerced into
destroying exhibits and means used for administrative violations.
6. Compulsory
distribution or use for non-commercial purposes of goods bearing counterfeit
marks or geographical indications as remedial measures shall be implemented as
follows:
Violating organizations
and individuals shall distribute or use goods bearing counterfeit marks or
geographical indications for non-commercial purposes as prescribed by the law;
if such organizations and individuals fail to comply, the implementation
shall be coerced.
7. Compulsory additions
of industrial property indications as remedial measures shall be implemented as
follows:
Violating organizations
and individuals shall add industrial property indications to goods, packaging,
and labels of goods according to the law; if they fail to comply, the
implementation shall be coerced.
8. Compulsory return of
altered or falsified documents and papers to competent authorities and persons
issuing such documents as remedial measures shall be implemented as follows:
Violating organizations
and individuals shall return altered or falsified documents to competent
authorities or persons issuing such documents as prescribed by the law; if they
fail to comply, the implementation shall be coerced.
9. Compulsory
compensations equivalent to the price of the transfer of rights to infringed
inventions, utility solutions, industrial designs, or layout designs within the
respective use scope and duration as remedial measures shall be implemented as
follows:
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Article
2. Addition, replacement, and annulment of phrases, points, clauses, and
articles of Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government of
Vietnam on administrative sanctions in industrial property, amended by Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government of Vietnam
1. The “và các hoạt động
khác làm ra” phrase is added after the “đóng gói” phrase in Point a Clause 13
Article 10, Point a Clause 13 Article 11, and Point a Clause 10 Article 12.
2. The “buộc thay đổi
thông tin tên miền hoặc trả lại tên miền” phrase is replaced with “buộc trả lại
tên miền” phrase in Point c Clause 18 Article 14; the “Trưởng phòng Cảnh sát điều
tra tội phạm về tham nhũng, kinh tế, buôn lậu thuộc Công an cấp tỉnh” is
replaced with the “Trưởng phòng Cảnh sát điều tra tội phạm về tham nhũng, kinh
tế, buôn lậu, môi trường thuộc Công an cấp tỉnh” phrase in Clause 2 Article
20.
3. The following shall be
annulled: Point e Clause 3 Article 3, Point b Clause 2 Article 6; Point h
Clause 2 Article 7; Point C Clause 15 Article 10; Clause 16, Point c Clause 17
Article 11; Point a Clause 15, Clause 17 Article 14; Clause 4 Article 20;
Article 24; Article 26; Article 27; Point d Clause 2 Article 28.
Article
3. Implementation responsibilities
1. The Ministry of
Science and Technology of Vietnam shall provide guidelines on the
implementation of this Decree.
2. Ministers, Directors of
ministerial agencies, Directors of governmental agencies, and Presidents of
People’s Committees of provinces and centrally affiliated cities shall
implement this Decree.
Article
4. Implementation provision
1. This Decree comes into
force as of July 1, 2024.
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Regarding administrative
violations in industrial property that are committed before and detected after
the effective date of this Decree or are subject to assessment or settlement,
Decrees of the Government of Vietnam on administrative sanctions effective at
the time of commission of such violations shall prevail, excluding cases where
this Decree does not stipulate liability or provide lighter liability for
committed violations, for which this Decree shall prevail for handling.
Regarding sanctioning
decisions issued or completed before the effective date of this Decree, if
sanctioned organizations and individuals still have complaints, apply Decree
No. 99/2013/ND-CP dated August 29, 2013 of the Government of Vietnam, amended
by Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government of
Vietnam for assessment and settlement.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang