How is the production of fake lubricants handled according to the provisions of Vietnamese law?
Currently, as everyone knows, gasoline prices are at record highs. So; many subjects took advantage of the above situation; carry out the production of fake petroleum to gain illicit profits. Especially, the recent case of fake lubricant production in Dong Nai has caused public outrage. So how is this behavior handled? To better understand this, today, LSX Lawfirm will give you an article about “How is the production of fake lubricants handled according to the provisions of Vietnamese law?“, as follows:
Legal grounds
- Penal Code 2015 (Amendment and Supplement in 2017)
- Decree 98/2020/ND-CP.
Summary of the case of fake lubricant production in Dong Nai
Last March 8, 2022; Dong Nai police broke into three production facilities of Nguyen Thi Nho (44 years old); on military-administered land; and discovered large quantities of counterfeit lubricants being recycled for sale in the market.
Functional forces seized more than 5,000 buckets and cans; bottles of brand oils Castrol, Honda, Yamaha, and Shell; 134 oil drums, 4 trucks, and many documents related to buying and selling fake oil.
According to the investigating agency; Ms. Nho claimed to buy low-quality oil and waste oil for recycling; label big brands for consumption. To avoid detection; These factories are enclosed and have many layers of doors and watchmen day and night.
How is the production of fake lubricants handled?
Depending on the nature; a dangerous level that acts of producing fake lubricants can be administratively sanctioned or prosecuted for criminal liability for manufacturing counterfeit goods. Specifically, the fines are as follows:
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 profiting 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
- 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; helmets.
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
Acts of producing fake lubricants constitute a production crime; trade in counterfeit goods specified in Article 192 of the 2015 Penal Code (amended and supplemented in 2017). Specifically, there are penalty frames as follows:
Frame 1
Any person who produces or trades in fake goods falls into one of the following cases; if they do not fall into the cases specified in Articles 193, 194, and 195 of this Code; shall be subject to a fine of between VND 100,000,000 and 1,000,000,000 or a prison term of between 01 and 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 then;
- Causing property damage from 100,000,000 VND to under 500,000,000 VND then.
Frame 2
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:
- Organizing;
- Be of a professional nature; Abusing positions and powers then;
- 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 be 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 then;
- 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 then;
- Causing property damage of VND 1,500,000,000 or more
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Related article
- How is the act of producing fake gasoline handled according to the provisions of Vietnamese law?
- Can a Vietnamese enterprise that mixes fake petroleum be criminally prosecuted?
- `Why is the price of gasoline in Vietnam so high?
Related questions
The subject crime of producing counterfeit goods is not a special subject; i.e. anyone who is capable of criminal liability and reaches the legal age.
– This is a crime infringing on the State’s management order in the economic field.
– Objects of impact are manufactured and traded goods that are not genuine.
The answer is correct; the crime is committed under willful fault.
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