To amend and supplement the regulations on sanctions for administrative violations in the field of industrial property

On 04/5/2024, the Government issued Decree No. 46/2024/ND-CP amending and supplementing Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government regulating penalties for administrative violations in the field of industrial property that have been amended and supplemented with a number of articles according to Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government.

Accordingly, Decree No. 46/2024/ND-CP adds "Article 3a after Article 3 on applying measures to prevent and ensure the handling of administrative violations". Specifically: The application of measures to prevent and ensure the handling of administrative violations shall comply with the provisions of Part four of the Law on Handling of Administrative Violations and the provisions of this Decree.

Temporary seizure of domain names shall comply with the provisions of Clause 1, Article 125 of the Law on Handling of Administrative Violations to handle administrative violations for the ones specified in Point a, Clause 16, Article 14 of this Decree.

Agencies and persons competent to handle administrative violations may request the Ministry of Information and Communications (Vietnam Internet Center) and the domain name registrar to coordinate and provide professional opinions and maintain the domain name status quo before taking measures to temporarily confiscate evidence and means used to commit administrative violations.

The Ministry of Information and Communications (Vietnam Internet Center), the domain name registrar are responsible for coordinating with agencies and persons competent to handle administrative violations, to temporarily seize domain names, provide professional opinions, maintain the domain name status quo

The Decree No. 46/2024/ND-CP also amends and supplements "Article 9. Violations of regulations on sealing and temporary seizure of evidence and means of violation during the inspection and examination process". Specifically:

- Fine from 2,000,000 VND - 5,000,000 VND for the acts of not ensuring the original state, removing or breaking the seal of evidence and means of violation that are being sealed or temporarily detained.

- Fine from 5,000,000 VND - 10,000,000 VND for the acts of changing but not consuming, dispersing, or destroying evidence and means that are being considered during the inspection or examination process or being sealed or temporarily detained.

- Fines from 15,000,000 VND - 30,000,000 VND for the acts of consuming, dispersing, destroying evidence and means that are being considered in the process of inspection, examination or are being sealed or temporarily detained.

The Decree No. 46/2024/ND-CP adds Clause 13a after Clause 13, Article 10, regulating sanctions for infringement of rights to inventions, utility solutions, and layout designs. Specifically, a fine of 20,000,000 VND - 30,000,000 VND will be added for the acts of using inventions, utility solutions, and layout designs without paying compensation according to regulations on temporary rights specified in Article 131 of the Intellectual Property Law.

The Decree No. 46/2024/ND-CP also adds Clause 14a after Clause 14, Article 11 on sanctions for infringement of rights to trademarks, geographical indications, trade names, and industrial designs. Specifically, a fine of 20,000,000 VND - 30,000,000 VND will be added for the acts of using an industrial design without paying compensation according to the provisions on temporary rights specified in Article 131 of the Intellectual Property Law. 

In addition, this Decree also adds regulations on a fine of 50 - 100 million VND for the acts of infringement of rights to business secrets as prescribed in Article 127 of the Intellectual Property Law.

This Decree takes effect from July 1, 2024.