The 1st Criminal Code of Vietnam including provisions on intellectual property is the Criminal Code passed on December 21, 1999 that came into force on July 1, 2000.
The Criminal Code, 1999 included several provisions on intellectual property. First of all, infringements upon copyrights and their consequences are explained in article 131. According to this article, infringers of copyrights shall be sentenced to a fine of from 2 million to 20 million dong or to a non-custodial sentence (maximum 2 years). In case of organized crimes or of recidivism however, infringers shall be submitted to a custodial sentence (between 6 months and 3 years).
Then on counterfeiting, articles 156 to 158 explains consequences on manufacturing and/or trading fake goods. Penalties go from 6 months to 20 years imprisonment, depending on what was counterfeited, on its value, on its consequences… Under articles 157 and 158, life imprisonment and capital punishment can also be required if the crime resulted in particularly serious consequences.
When it comes to industrial property finally, articles 170 and 171 respectively foresee penalties in two cases. The first one is for “breaching the regulations on the granting of industrial property protection deeds”, which is submitted to a non-custodial sentence (maximum 3 years) or to a custodial sentence from 6 months to 3 years. If the crime is committed in an organized manner, caused particularly serious consequences or was committed more than once however, the sentence shall be from 2 to 7 years imprisonment.
The second one is for “infringing upon industrial property rights”. Normally, infringers shall be sentenced to a fine (between 20 million and 200 million dong) or to a non-custodial sentence of two years maximum. In case of organized crime, recidivism or particularly serious consequences, the infringer shall expose himself to a 6-month to 3-year custodial sentence.
