Improving Administrative Enforcement Mechanisms in Combating Counterfeits and IPR Infringement

I. Current Situation of Administrative Enforcement

(i) Overlapping and Inconsistent Legal Provisions

- IPR infringement is governed by multiple laws and decrees, creating confusion in application.
- Some serious violations are still subject to light administrative penalties, leading to a lack of deterrence.

(ii) Fragmented Authority and Lack of Coordination

- Many agencies (Market Surveillance, Customs, Economic Police, Inspectorates) share authority but lack clear coordination protocols.
- There is no shared database on IPR violations across provinces and agencies.

(iii) Insufficient Penalties

- Current fines are too low compared to the profits gained from infringement.
- Lack of additional sanctions such as business suspension, license revocation, or public naming and shaming.

(iv) Inadequate Tools for Handling Online Violations

- Difficult to identify violators on e-commerce platforms or social media due to anonymity.
- Weak legal tools to hold platforms accountable for hosting counterfeit products.

II. Policy Recommendations for Improvement

(i) Revise and Issue a New Decree on IPR Administrative Sanctions

- Clearly differentiate IPR infringement from counterfeiting and unfair competition.
- Add new violations involving livestreaming, keyword manipulation, or online brand misuse.

(ii) Increase Fines and Apply Supplementary Sanctions

- Raise maximum fines for repeat or organized offenses.
- Enforce additional penalties such as suspension of business operations or destruction of infringing goods.

(iii) Strengthen Enforcement Against Online Violations

- Mandate e-commerce platforms and social media to remove infringing content upon lawful request.
- Allow administrative sanctions even if the seller’s identity is unclear.

(iv) Improve Enforcement Capacity and Public Transparency

- Develop performance indicators for administrative enforcement by region and sector.
- Digitize enforcement records and make results publicly accessible.
- Criminalize acts of corruption or negligence by enforcement officials in serious cases.

III. Conclusion

To effectively combat counterfeiting and IPR infringement, administrative enforcement in Vietnam must be upgraded and modernized. A comprehensive legal framework, empowered enforcement personnel, and digital transparency are key to building a fair and innovation-driven business environment.