Decree No. 24/2025/ND-CP, issued on February 21, 2025, amends and supplements several articles of Decree No. 98/2020/ND-CP on penalties for administrative violations in commercial activities, production, trading in counterfeit and prohibited goods, and consumer protection. This Decree aims to update and adjust regulations on administrative penalties in these fields to ensure consistency and effectiveness in state management.
Key amendments and new provisions in Decree No. 24/2025/ND-CP compared to Decree No. 98/2020/ND-CP:
1. Supplementing penalties for the unauthorized transfer of consumer information: Decree No. 24/2025/ND-CP stipulates fines ranging from 100 to 200 million VND for organizations operating intermediary digital platforms that fail to verify the identity of entities selling products, goods, or services on their platform.
2. Increased penalties for discrimination against vulnerable consumers: The new Decree imposes fines of up to 70 million VND for acts of stigmatization or discrimination against vulnerable consumers.
3. Regulations on penalties for failing to fulfill warranty and maintenance obligations: Decree No. 24/2025/ND-CP introduces penalties for failing to fulfill or fully perform warranty and maintenance obligations for products and goods as prescribed by law.
4. Adjusting penalties for misleading advertisements: The Decree increases fines for false advertising that misleads consumers, aiming to ensure transparency and honesty in commercial advertising.
5. Supplementing regulations on business entities’ responsibilities in consumer protection: The new regulations emphasize the obligations of businesses to provide accurate information on products, goods, and services and to resolve consumer complaints.
These amendments aim to enhance consumer protection and improve state management efficiency in commerce.
However, in addition to the aforementioned new provisions, Decree No. 24/2025/ND-CP retains the regulations of Decree No. 98/2020/ND-CP regarding the handling of acts related to the production of counterfeit goods bearing fraudulent trademarks or packaging; the sale of counterfeit stamps, labels, and packaging; and the manufacturing of counterfeit stamps, labels, and packaging, which are recognized as intellectual property infringements on trademarks and industrial designs.
Specifically, administrative fines range from VND 2,000,000 to VND 50,000,000, depending on the value and unlawful profits gained from counterfeit goods, and from VND 300,000 to VND 50,000,000, depending on the quantity of counterfeit stamps, labels, and packaging. Double penalties will be imposed on counterfeit goods in sectors such as food, food additives, food processing agents, food preservatives, pharmaceuticals, medicinal ingredients, cosmetics, medical devices, helmets, disinfectants, chemicals, insecticides, veterinary medicines, fertilizers, animal feed, aquaculture products, plant protection products, plant varieties, construction cement, and steel.
Additionally, supplementary penalties may include:Confiscation of production equipment; revocation of business licenses or professional certifications; suspension of production activities. At the same time, all confiscated counterfeit goods will be destroyed, and violators will be required to return any unlawfully obtained profits from their violations.
Thus, Decree No. 24/2025/ND-CP continues to inherit and maintain the provisions of Decree No. 98/2020/ND-CP, enforcing penalties for intellectual property infringements related to trademarks and industrial designs, particularly in the production and sale of counterfeit goods, stamps, labels, and packaging. The Decree clearly outlines administrative fines and strict enforcement measures, especially for products concerning public health and safety.
