Customs may impose fines of up to VND 250,000,000

This is one of the aspects provided in the Government’s Decree No. 99/2013/ND- CP dated 29 August 2013 on

This is one of the aspects provided in the Government’s Decree No. 99/2013/ND- CP dated 29 August 2013 on sanctioning against administrative violation in the field of intellectual property.

The pecuniary penalty against the acts stipulated in Chapter II of the said Decree is applied to individuals. The maximum fine for individuals is VND 250,000,000.

As to the same act of administrative violation, the fine for organizations is twice as much as that for individuals. The maximum fine for organizations is VND 500,000,000.

The Customs of Mong Cai border gate were inspecting export, import goods

In Article 19 of the said Decree, the sanctioning competence of the Customs is specified as follows:

1. Team heads of Customs Sub-Departments, Team heads of Sub-Departments for Post-Customs Clearance Inspection may impose: Cautions; Fines of up to VND 5,000,000.

2. Directors of Customs Sub-Departments, Directors of Sub-Departments for Post-Customs Clearance Inspection, Heads of Control Teams in provincial, interprovincial, centrally-led municipal Customs Departments, Heads of Anti-Smuggling Control Teams, Heads of Customs Procedure Team, Heads of Intellectual Property Right Protection Control Teams and Heads of Sea Patrol Flotillas of the Anti-Smuggling Investigation Department of the General Department of Customs may: Impose cautions; Impose fines of up to VND 25,000,000; Confiscate exhibits, means of administrative violation that are worth not more than the fine provided in Point b, this Section; Applying the remedies for repairing consequences as stipulated in Points a, b, c, d, đ, g and h, Section 3, Article 3 of the said Decree.

3. Director of the Anti-Smuggling Investigation Department, Director of the Department for Post-Customs Clearance Inspection of the General Department of Customs, Directors of provincial, interprovincial, centrally-led municipal Customs Departments may: Impose Cautions; Impose fines of up to VND 50,000,000; Deprive of the right to use licenses, practice certificates in a certain period or suspend violating goods, service business activities in a certain period; Confiscate exhibits, means of administrative violation that are worth not more than the fine provided in Point b, this Section; Applying the remedies for repairing consequences as stipulated in Points a, b, c, d, đ, g and h, Section 3, Article 3 of the said Decree.

4. General Director of the General Department of Customs may: Impose cautions; Impose fines of up to VND 250,000,000; Confiscate exhibits, means of administrative violation; Applying the remedies for repairing consequences as stipulated in Points a, b, c, d, đ, g and h, Section 3, Article 3 of the said Decree.

Moreover, depending on the nature, level of violation, violating organizations, individuals may be subject to one or more types of additional sanctioning prescribed in the said Decree.

(Pham & Associates)