Trading in counterfeit drugs is a very serious violation of the law. In Vietnam, sick people buy medicine for treatment but buy fake drugs; In addition to economic losses, buyers of counterfeit drugs may also suffer the effects of counterfeit drugs, which reduce their health; More dangers can even affect your life. So, according to the law, how are the acts of trading in counterfeit drugs punished? Today, LSX Lawfirm will give you an article about “What is the penalty for trading counterfeit drugs in Vietnam?”, as follows:
Legal grounds
Pharmacy Law 2016
Decree No. 98/2020/ND-CP issued on August 26, 2020 by the Government
Penal Code 2015 amended and supplemented in 2017
How is the act of trading in counterfeit drugs penalized?
Penalties for administrative violations of trading in counterfeit drugs
Accordingly to the provisions at Point a, Clause 5, Article 6 of the 2016 Law on Pharmacy; the act of trading in fake drugs and ingredients for making fake drugs is strictly prohibited.
Regarding sanctions for production and trading of fake goods; is a medicine for prevention and treatment of diseases; Depending on the severity and nature, they will be administratively sanctioned or criminally handled for the act of selling fake drugs.
So With simple nature, small scale have not caused great consequences not to the extent of having to be criminally handled; violators will be subject to administrative sanctions; prescribed in Article 9, Article 10 of Decree 98/2020/ND-CP issued by the Government on August 26, 2020; on sanctioning administrative violations in commercial activities; manufacture and trade in counterfeit and banned goods and protect the interests of consumers.
The fines specified in these two Articles for the above acts; is from 2 million to 140 million (for individuals trading in counterfeit drugs); or from 10 million dong to 200 million dong (for individuals producing counterfeit drugs). With organizations violating similar regulations; the fine will be twice the amount according to the above provisions then.
Pursuing criminal liability for the act of trading in counterfeit drugs
In the face of the complicated situation of the Covid-19 epidemic and the situation that the whole country is making efforts to fight the Covid pandemic, many people have died recently and many others are seriously ill being treated; Covid-19 has taken the lives of so many relatives and families, many children suddenly become orphans without help because their parents have passed away because of this terrible disease. The behavior of organizations taking advantage of the epidemic at this time to make a profit by producing and trading fake goods is unacceptable.
This is not only an aggravating circumstance as prescribed at point l, clause 1, Article 52 of the 2015 Penal Code, but also contrary to human morality. I think the authorities need to handle thoroughly and have really strict sanctions to punish appropriately to create a deterrent for society, not to let similar incidents continue to happen.
In addition
For acts of trading in counterfeit drugs, seriously poor quality drugs will criminally handled; on “Crime of producing and trading in fake goods being curative and preventive drugs“; according to the provisions of Article 194 of the 2015 Penal Code, amended and supplemented in 2017. Particularly for this crime, there are also separate sanctions for individuals and legal entities.
Individuals commit crimes depending on the circumstances of the crime and framing such as: organized; of a professional nature; Dangerous recidivism; Abusing positions and powers; Taking advantage of the name of an agency or organization; Committing the crime across the border or from the non-tariff zone to the inland and vice versa; The value of the goods calculated according to the selling price; The value of the goods calculated according to the value of the real goods; Rate of injury caused to others, if any; Whether causing death or not, etc., can face sentences ranging from 2 years in prison to 20 years in prison, life in prison or the death penalty.
So Legal entities that commit crimes may fined from VND 01 billion to VND 20 billion, suspended from operation for a definite time or permanently suspended, etc.
What crime can advertising medicine on Youtube be penalized for?
Administrative sanction for the act of advertising false drugs
Administrative penalties for deceiving customers; (Specifically, the act of selling goods with no use as announced) prescribed in Decree 98/2020/ND-CP.
Acts of trading in counterfeit goods in terms of use value and utility (Article 9).
- Firstly, Depending on the value of the sold goods, a fine of from 1,000,000 VND to 70,000,000 VND will imposed and the exhibits will confiscated or forced to destroyed. up to 12 months if violated many times.
- Secondly, Double fine for importing counterfeit goods as medicinal ingredients. + Forcibly taking them out of the territory.
Acts of producing counterfeit goods in terms of use value and utility (Article 10) then.
Advertising magic, my family for three generations in terms of the main essence is the sale of goods that are not in accordance with the committed use, deceiving the target audience.
- Firstly, Depending on the value of the sold goods, a fine ranging from VND 5,000,000 to VND 100,000,000 will imposed
- Secondly, Double fine for production of counterfeit goods as medicinal ingredients
- Thirdly, Confiscation or forced destruction of material evidences, Deprivation of the right to use licenses and practice certificates + return of illegal profits.
Pursuing criminal liability for the act of advertising false drugs
This behavior can prosecuted for criminal liability; according to the provisions of article 198 of the Penal Code 2015 on the crime of deceiving customers, specifically:
“1. Those who, in the purchase and sale of goods or provision of services, weigh, measure, measure, count, calculate goods or services or use other fraudulent tricks in one of the following circumstances, shall be subject to a penalty. a warning, a fine of between VND 10,000,000 and 100,000,000 or a non-custodial reform for up to 03 years:
a) Has been administratively sanctioned for this act or has convicted for this crime, has not yet had his criminal record cleared but continues to commit it;
b) Gaining illicit profits from VND 5,000,000 to under VND 50,000,000.
2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 100,000,000 and 500,000,000 or a prison term of between 01 and 05 years:
a) Organized;
b) Be of a professional nature;
c) Using cunning tricks;
d) Gaining illicit profits of VND 50,000,000 or more.
3. The offenders may also be subject to a fine of between VND 20,000,000 and 100,000,000, a ban from practicing certain professions or doing certain jobs for 1 to 5 years.
If the above acts do not cause serious damage to the customer’s health, if the factors specified in Clause 1, Article 198 above are not met, they will not be examined for penal liability but administratively sanctioned.”.
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Related questions
Accordingly to Article 18 of Decree 134/2016/ND-CP, there are also guidelines for this tax exemption case:
1. Plant varieties; livestock breeds; fertilizers and plant protection drugs that cannot be produced domestically, and which are necessary to be imported to directly serve agricultural, forestry and fishery activities are exempt from import tax as prescribed in Clause 12, Article 16 of the Law on Taxation. export, import tax.
Thus, pesticides that cannot be produced domestically, and need to be imported according to the provisions of the above-mentioned competent state management agencies, will be exempt from import tax when imported.
Accordingly to Article 92 of the Law on Veterinary Medicine 2015, the conditions for trading in veterinary drugs are as follows:
1. Firstly, Having a Business Registration Certificate or an Enterprise Registration Certificate;
2. Secondly, Having an appropriate location, material and technical facilities;
3. Thirdly, Managers and persons directly selling veterinary drugs must have a certificate of veterinary practice;
4. Finally, Having a Certificate of eligibility to trade in veterinary drugs.
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