How is the act of producing fake gasoline handled according to the provisions of Vietnamese law?

“Hello, Lawyer. This morning, the police of Ba Ria – Vung Tau province searched the port and headquarters of a large petroleum company in Vung Tau after hearing people’s complaints about the quality. It is known that if using this type of gasoline, The life of the engine will be reduced and pollute the environment. So can you tell me how the act of producing fake gasoline is handled according to the regulations? Hope to receive an answer soon from Lawyer’s side, I sincerely thank you!”. Thanks for your question. To dig deeper into this, today, LSX Lawfirrm will give you an article about “How is the act of producing fake gasoline handled according to the provisions of Vietnamese law?“, as follows:

Legal grounds

• Penal Code 2015 was amended and supplemented in 2017
• Decree 98/2020/ND-CP

Elements of a crime

Acts of producing fake gasoline may be handled by the crime of producing and trading in counterfeit goods specified in Article 192 of the Penal Code 2015 amended and supplemented in 2017.

Subject

The subject crime of producing counterfeit goods is not a special subject, that is, anyone with the ability to be criminally responsible (not suffering from neurological diseases, not losing the ability to control behavior, etc.) and age. is 16 or older can be the subject of this crime.

Objects

This is a crime that violates the State’s management order in the economic field. Specifically related to anti-counterfeiting, anti-trafficking, and anti-manufacturing of poor quality goods.

The target audience is manufactured and traded goods that are not genuine. Counterfeit goods can be divided into many types such as fake product brand, fake product quality, fake product use

The subjective side of crime

The crime of manufacturing and trading in fake goods is done under intentional fault, the offenders sell goods that they know well, or are forced to know are fake goods, but still, produce, and trade in these goods for profit. for customers.

The objective side of the crime

Regarding acts: production and trading of counterfeit goods is the act of using counterfeit goods to resell to consumers for profit. Counterfeit sellers can obtain these counterfeit goods from many sources such as self-manufacturing counterfeit goods for sale; buying back counterfeit goods for sale; picking up, obtaining counterfeit goods and then using them for resale; using other goods to exchange for fake goods, or vice versa use counterfeit goods to exchange for another type of goods.

About the purpose: get high profit.

Consequences: causing a lot of damage to society, both material and immaterial. For example, the first sale of counterfeit goods will affect the health and possibly the lives of people who directly use the product, causing a loss of consumer confidence in the brands in the market, For enterprises producing products that may suffer damage to their reputation, directly affecting their revenue…, for the State’s management of the goods circulation market, there will also be many problems. difficult

How is the act of producing fake gasoline handled according to the regulations?

Pursuant to Article 10 of Decree 98/2020/ND-CP:

Monetary fine

• A fine ranging from VND 5,000,000 to VND 10,000,000: in case the counterfeit goods are equivalent. To the quantity of the real goods valued at less than VND 3,000,000 or illegally earning under VND 5,000,000;
• A fine ranging from VND 10,000,000 to VND 20,000,000: in case of counterfeit goods equivalent to the quantity of the real goods valued at between VND 3,000,000 and under VND 5,000,000 or illegally earning from VND 5,000,000 up to less than 10,000,000 VND;
• A fine ranging from VND 20,000,000 to VND 30,000,000: in case the counterfeit goods are equivalent to the quantity of the real goods valued at between VND 5,000,000 and under VND 10,000,000 or illegally earning from VND 10,000,000 up to under VND 20,000,000.
• A fine ranging from VND 30,000,000 to VND 50,000,000: in case counterfeit goods are equivalent to the quantity of the real goods valued at between VND 10,000,000 and under VND 20,000,000 or illegally earning from VND 20,000,000 up to under 30,000,000 VND;
• A fine ranging from VND 50,000,000 to VND 70,000,000: in case the counterfeit goods are equivalent to the quantity of the real goods with a value of between VND 20,000,000 and under VND 30,000,000 or illegal profits of between VND 30,000,000 and VND 30,000,000 are obtained. less than 50,000,000 VND;
• A fine ranging from VND 70,000,000 to VND 100,000,000: in case the counterfeit goods are equivalent to the quantity of the real goods valued at VND 30,000,000 or more, or gain illegal profits of VND 50,000,000 or more without being examined for penal liability.

The fine is twice the amount of the fine

The above fine will be applied twice if it is in one of the following cases of counterfeit goods:

• As food; Food Additives; food processing aids; food preservatives; medicine; medicinal ingredients without being examined for penal liability;
• As animal feed; seafood; products for the treatment of aquaculture environment; livestock waste treatment products; fertilizer; veterinary Medicine; Plant protection products; type of tree; livestock breeds;
• As cosmetics; Medical equipment; Detergents; chemicals; insecticidal preparations; sterilization used in household and medical fields; cement; steel construction; helmet

Additional sanctions

In addition to the above fine measures, the law also provides for a number of additional penalties such as:

• Confiscate material evidence of violations for violations, except for the application of remedial measures prescribed.
• Confiscation of vehicles as tools; machinery used to produce counterfeit goods for infringing.
• Deprivation of the right to use the license; practice certificates from 12 to 24 months, for violations of regulations in case of repeated violations of recidivism;
• Partial suspension of operations; or the whole production activities in violation from 12 to 24 months for acts of violating regulations in case of repeated violations or recidivism.

Remedial measures

In addition, the act of producing fake rice paper is also subject to remedial measures

Firstly, forcible destruction of material evidence for acts of producing fake confectionery;

Secondly, forced to return the illegal profits obtained from the act of producing fake confectionery.

Criminal prosecution

Frame 1

Those who produce or trade in counterfeit goods in one of the following circumstances, if not specified in Articles 193, 194, and 195 of this Code, shall be subject to a fine of between VND 100,000,000 and 1,000. VND,000,000 or imprisonment from 01 to 05 years:

• Counterfeit goods are equivalent to the number of real goods or goods with the same technical features and use valued from VND 30,000,000 to under VND 150,000,000 or under VND 30,000,000 but have been administratively sanctioned. for one of the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code or has been convicted of one of these crimes, a criminal record has not been expunged but still commits violations;
• Inflicting injury or causing harm to the health of others with an injury rate of between 31% and 60%;
• Gaining illicit profits from VND 50,000,000 to under VND 100,000,000;
• Causing property damage from 100,000,000 VND to under 500,000,000 VND.

Frame 2

Committing the crime in one of the following circumstances, the offenders shall sentenced to between 5 and 10 years of imprisonment:

• Organizing;
• Be of a professional nature;
• Abusing positions and powers;
• Taking advantage of the name of an agency or organization;
• Counterfeit goods are equivalent to the number of real goods or goods. With the same technical features and use, valued at between VND 150,000,000 and under VND 500,000,000;
• Gaining illicit profits from VND 100,000,000 to under VND 500,000,000;
• Causing death;
• Inflicting injury or causing harm to the health of others with an injury rate of 61% or more. Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of between 61% and 121%;
• Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;
• Cross-border trade;
• Dangerous recidivism.

Frame 3

• Committing the crime in one of the following circumstances the offenders shall sentenced to between 07 and 15 years of imprisonment:
• Counterfeit goods are equivalent to the number of real goods or goods with the same technical features and use valued at VND 500,000,000 or more; Illegal profits of 500,000,000 VND or more;
• Causing the death of 02 or more people;
• Inflicting injury or causing harm to the health of 2 or more people with a total injury rate of 122% or more;
• Causing property damage of VND 1,500,000,000 or more.

Problem-solving

The act of producing fake gasoline is a dangerous act to society. This behavior not only causes damage to consumers but is also an indirect cause of environmental pollution. Producing fake gasoline can be administratively sanctioned, heavier than being prosecuted for criminal liability

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