Decree 46/2024/ND-CP amend Decree 99/2013/ND-CP sanctioning of administrative violations in industrial property, amended under Decree 126/2021/ND-CP

DECREE

Amending and supplementing a number of articles of Decree No. 99/2013/ND-CP dated August 29, 2013, of the Government, on sanctioning of administrative violations in industrial property, which is amended and supplemented in Decree No. 126/2021/ND-CP dated December 30, 2021, of the Government

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Intellectual Property dated November 29, 2005; the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property dated June 19, 2009; the Law Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019 and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property dated June 16, 2022;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Competition dated June 12, 2018;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the request of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 99/2013/ND-CP dated August 29, 2013, of the Government, on sanctioning of administrative violations in industrial property, which is amended and supplemented in Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government.

Article 1. Amending and supplementing a number of articles of Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government on sanctioning of administrative violations in industrial property, amended and supplemented under Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government

1.To amend and supplement Clause 1, Article 1 as follows:

“1. This Decree provides for acts of administrative violation, sanctioning forms and levels, remedial measures; subjects subject to sanctions; competence to make written records of administrative violations, competence to sanction administrative violations, competence to apply remedial measures, competence to receive written requests to handle acts of infringement of industrial property rights, fine levels to be imposed by each position; procedures for sanctioning acts of infringement of industrial property rights; execution of decisions on sanctioning administrative violations, and remedial measures in industrial property.”.

2. To amend and supplement Clause 4, Article 1a as follows:

“4. Subjects subject to administrative sanctions that are branches, representative offices, and business locations of legal entities and organizations shall be implemented in accordance with the Government's Decree detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.".

3. To amend and supplement a number of points of Article 3 as follows:

a) To amend and supplement Point c, Clause 2 as follows:

“c) Suspension of part or whole of the production, business and service activities for a period of between 01 and 03 months from the effective date of the sanctioning decision.”.

b) To amend and supplement Points a, b and c, Clause 3 as follows:

“a) Forcible removal of infringing elements on goods and means of business; forcible return of domain names; forcible revocation of domain names; forcible change of business name, removal of infringing elements on enterprise names;

b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications;

c) Forcible bringing out of the territory of Vietnam or forcible re-export of imported or transit goods bearing counterfeit marks or geographical indications; imported means, raw materials and materials used mainly for the production and trading of goods bringing counterfeit marks or geographical indications after removing the infringing elements on infringing material evidence or means;”.

c) To amend and supplement Point dd, Clause 3 as follows:

“dd) Forcible addition of instructions on industrial property;”.

d) To amend and supplement Points g and h, Clause 3 as follows:

“g) Forcible restoration of original state;

h) Forcible refund of illicit profits earned through the commission of administrative violations if such illicit profits are justifiably determined; forcible refund of money amounts equivalent to the value of administrative violation material evidences or means which have been sold, dispersed or destroyed in contravention of law if the value of such sold, dispersed or destroyed administrative violation material evidences or means is justifiably determined; forcible payment of compensation in case the price of transferring the right to use the infringed invention, utility solution, industrial design or layout design within the corresponding scope and duration of use is justifiably determined;”.

dd) To add Clause 4 as follows:

“4. The forcible distribution or use for non-commercial purposes of goods bringing counterfeit marks or geographical indications specified at Point b, Clause 3 of this Article must satisfy the conditions specified in the Decree detailing a number of articles and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property.”.

4. To add Article 3a below Article 3 as follows:

“Article 3a. Application of measures to deter administrative violations and secure the handling thereof

1. The application of measures to deter administrative violations and secure the handling thereof shall comply with the Part Four of the Law on Handling of Administrative Violations and this Decree.

2. The temporary detention of domain names shall be carried out in accordance with Clause 1, Article 125 of the Law on Handling of Administrative Violations to handle administrative violations against the violations specified at Point a, Clause 16, Article 14 of this Decree.

3. The agencies and persons competent to handle administrative violations may request the Ministry of Information and Communications (the Vietnam Internet Network Information Center) and the domain name registrars to coordinate, provide professional opinions, and maintain the status quo of domain names before taking measures of temporary seizure of material evidences and means used for commission of administrative violations.

4. The Ministry of Information and Communications (Vietnam Internet Center) and the domain name registrars shall coordinate with competent agencies and individuals in handling administrative violations, temporarily seizing domain names, providing professional opinions, and maintaining the status quo of domain names.”.

5. To amend and supplement Article 4 as follows:

“Article 4. Determination of value of administrative violation material evidences for use as a basis for determination of fine frames and sanctioning competence

1. The basis for determining the value of material evidences and means of administrative violations prescribed in this Decree must be based on different grounds in the order of priority prescribed at Points a, b and c, Clause 2, Article 60 of the Law on Handling of Administrative Violations.

2. In case it is impossible to apply the grounds specified in Clause 1 of this Article to determine the value of administrative violation material evidences and means for use as a basis for determination of fine frames and sanctioning competence, competent persons who are settling cases of violation may issue decisions on temporary seizure of such evidences and means and set up valuation councils in accordance with Clause 3, Article 60 of the Law on Handling of Administrative Violations.

3. The principles for determining the value of infringing goods shall be implemented according to the principles prescribed in the Decree detailing a number of articles and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property.”.

6. To amend and supplement the title and some points of Article 6 as follows:

a) To amend and supplement the title as follows:

“Article 6. Violations of provisions on indications on protection of industrial property rights and transfer of rights to use industrial property objects".

b) To amend and supplement Point c, Clause 1 as follows:

“c) Receipt of the transfer of the right to use mark not in the form of a written contract in the case of using the transferred mark on goods or packaging of goods; provision of incorrect indications or no provision of indications on the goods manufactured under the contracts for the use of industrial property objects.”.

c) To amend and supplement Point a, Clause 2 as follows:

“a) Forcible removal of infringing elements on goods and means of business for violations specified at Points a and b, Clause 1 of this Article and acts of incorrect indications on goods manufactured under contracts for the use of industrial property objects specified at Point c, Clause 1 of this Article;”.

d) To amend and supplement Point c, Clause 2 as follows:

“c) Forcible addition of indications on goods manufactured under the contract for using industrial property objects for the act of not recording indications specified at Point c, Clause 1 of this Article.”.

7. To amend and supplement a number of points, clauses of Article 7 as follows:

a) To add Points dd and e below Point d, Clause 1 as follows:

“dd) Failure to notify customers of the amounts, fees, and charges related to the procedures for establishing and protecting industrial property rights;

e) Customer deception in entering into and performing industrial property representation service contracts which is not serious enough for penal liability examination or coercion to customers into entering into and performing industrial property representation service contracts.”.

b) To amend and supplement Point c, Clause 2 as follows:

“c) Failure to provide information or provision of dishonest or incomplete information on notifications and requests from competent state agencies regarding the establishment, settlement of disputes and handling of violations of industrial property within the required time limit for the represented party, except in cases of objective obstacles or force majeure events;”.

c) To amend and supplement Point a, Clause 3 as follows:

“a) Industrial property representation service business or practice without satisfying the business and practice conditions prescribed in Articles 154 and 155 of the Law on Intellectual Property;”.

d) To amend and supplement Clause 5 as follows:

“5. Additional sanctions:

a) Revocation of the right to use the certificate of industrial property representation service practice from 01 month to 02 months for individual violator or the suspension between 01 month and 02 months of part of the industrial property representation service business activities for organizations that violate the Points a, b, c, d, dd, g and i, Clause 2 of this Article from the date the decision on sanction comes into effect;

b) Revocation of the right to use the certificate of industrial property representation service practice from 02 month to 03 months for individual violator or the suspension between 02 month and 03 months of all industrial property representation service business activities for organizations that violate Clause 4 of this Article from the date the decision on sanction comes into effect;

8. To amend and supplement Article 9 as follows:

“Article 9. Violations of provisions on sealing, temporary seizure of infringing material evidence and means in the course of inspection and examination

1. A fine of between VND 2,000,000 and VND 5,000,000 for acts of not ensuring the original condition, removing or breaking seals of material evidence and means of industrial property administrative violations subject to sealing or temporary seizure.

2. A fine of between VND 5,000,000 and VND 10,000,000 for acts of changing but not yet selling, dispersing or destroying material evidence or means under consideration during the inspection, examination or subject to sealing or temporary seizure.

3. A fine of between VND 15,000,000 and VND 30,000,000 for acts of selling, dispersing or destroying material evidence or means under consideration during the inspection, examination or subject to sealing or temporary seizure.

4. Remedial measures:

a) Forcible restoration of the original state of the changed infringing material evidence and means for the acts of violation specified in Clause 2 of this Article;

b) Forcible refund of money amounts equivalent to the value of infringing material evidence and means which have been illegally sold, dispersed or destroyed, for the acts of violation specified in Clause 3 of this Article.”.

9. To amend and supplement a number of points and clauses of Article 10 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Selling, offering for sale; storing; displaying for sale of goods; transporting, excluding transiting products infringing upon rights to inventions, utility solutions, layout designs or products produced from processes infringing upon rights to inventions or utility solutions;”

b) To add Clause 13a below Clause 13 as follows:

“13a. A fine of between VND 20,000,000 and VND 30,000,000 for the act of using inventions, utility solutions, and layout designs without paying compensation under the temporary rights stipulated in Article 131 of the Law on Intellectual Property.”.

c) To amend and supplement Points a, b Clause 15 as follows:

“a) Forcible removal of infringing elements and destruction of infringing elements for violations specified in this Article;

b) Forcible destruction of infringing material evidence and means if the infringing elements cannot be removed for the violation specified in this Article;".

d) To add Point dd, Clause 15 as follows:

“dd) Forcible payment of compensation equivalent to the price of transferring the right to use the infringed invention, utility solution, or layout design within the corresponding scope and duration of use for the violation specified in Clause 13a of this Article.”.

10. To amend and supplement a number of points and clauses in Article 11 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Selling, offering for sale; storing; displaying for sale of goods; transporting, excluding transiting goods and services infringing rights to trademarks, trade names, geographical indications, or industrial designs;”.

b) To add Clause 14a below Clause 14 as follows:

“14a. A fine of between VND 20,000,000 and VND 30,000,000 for the act of using industrial design without paying compensation under the temporary rights stipulated in Article 131 of the Law on Intellectual Property.”.

c) To amend and supplement Point d, Clause 17 as follows:

“d) Forcible change of enterprise name, removal of infringing elements in enterprise name for violations stipulated from Clause 1 thru Clause 14, Clause 15 of this Article;”.

d) To add Point e, Clause 17 as follows:

“e) Forcible payment of compensation equivalent to the price of transferring the right to use the infringed industrial design within the corresponding scope and duration of use for the violation specified in Clause 14a of this Article.”.

11. To amend and supplement the title and some points and clauses of Article 12 as follows:

a) To amend and supplement the title of the Article as follows:

“Article 12. Production, import, trade, offering for sale, storage for sale, display for sale, transportation of goods bringing counterfeit marks or geographical indications which is not serious enough for penal liability examination”.

b) To amend and supplement Point a, Clause 1 as follows:

“a) Selling; offering for sale; storing for sale; displaying for sale; transporting, including transiting goods bringing counterfeit marks or geographical indications;”.

c) To amend and supplement Clause 12 as follows:

“a) Confiscation of the infringing material evidence and means for acts of violation specified in this Article, except in case of application of remedial measures specified in either Points a, b, c, Clause 13 of this Article;

b) Suspension of part or whole of the production, business or service operation from 01 month to 03 months for acts of production, import or acts of ordering, assigning work, hiring others to carry out production and import acts prescribed in this Article.”.

d) To amend and supplement Clause 13 as follows:

“a) Forcible destruction of goods bringing counterfeit marks or geographical indications, raw materials, materials and means mainly used for production and trading of goods bringing counterfeit marks or geographical indications for acts of violation specified in this Article, except in cases where remedial measures specified at Point b or Point c of this Clause are applied;

b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications for acts of violation specified in this Article, except in case the remedial measures specified at Point c of this Clause are applied;

c) Forcible bringing out of the territory of Vietnam or forcible re-export of imported or transit goods bearing counterfeit marks or geographical indications; imported means, raw materials and materials used mainly for the production and trading of goods bringing counterfeit marks or geographical indications after removing the infringing elements of the import or transit acts or the acts of ordering, assigning work or hiring others to carry out the import or transit acts prescribed in this Article;

d) Forcible refund of illicit profits earned through the commission of violations specified in Clauses 1 to 10 of this Article.”.

12. To amend and supplement the title and some points of Article 13 as follows:

a) To amend and supplement the title of the Article as follows:

“Article 13. Production, import, trade, supply, storage for sale, display for sale, transportation of stamps, labels, items bearing counterfeit trademarks or geographical indications”.

b) To amend and supplement Point a, Clause 1 as follows:

“a) Selling; supplying; storing for sale; displaying for sale; transporting, including transiting, stamps, labels, packaging, or items bearing counterfeit trademarks or geographical indications;”.

13. To amend and supplement a number of points and clauses in Article 14 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Selling; storing for sale goods and services with commercial indications attached to the goods or packaging of goods and services that cause confusion about the business entity, business activities, commercial origin of goods and services or the origin, method of production, features, quality, quantity or other characteristics of goods and services or the conditions of providing goods and services;”.

b) To add Clause 15a below Clause 15 as follows:

“15a. A fine of between VND 50,000,000 and VND 100,000,000 for acts of infringement of rights to business secrets as prescribed in Article 127 of the Law on Intellectual Property.”.

c) To amend and supplement Point a, Clause 16 as follows:

“a) Appropriating or using domain names identical with or confusingly similar to protected marks or trade names of others or geographical indications without having the right to use, with bad intentions, or abusing reputation or popularity of respective marks, trade names or geographical indications for the purpose of seeking illegal benefits;”.

14. To amend and supplement the title and some clauses of Article 15 as follows:

a) To amend and supplement the title of the Article as follows:

“Article 15. Division of competence to sanction administrative violations”.

b) To amend and supplement Clauses 3, 4 and 5 as follows:

“3. Market management offices are competent to handle the following violations:

a) Violations specified in Article 12 and Article 13 of this Decree in manufacturing, trading, offering for sale, transporting, storing and displaying goods at the domestic market;

b) Violations specified in Articles 6, 9, 11 and 14 of this Decree in trading, offering for sale, transporting, storing and displaying goods at the domestic market. In case the establishments producing those goods are identified when handling violations specified at Point b Clause 3 of this Article, the competent Market management offices may continue handling violations at the production establishments.

4. Customs offices are competent to handle violations specified in Articles 6, 9, 10, 11, 12, 13 and 14 of this Decree in the import, transit, and transportation of goods within the customs operation area.

5. Police agencies are competent to sanction violations of the provisions in Clause 4, Article 8, Articles 9, 12 and 13 of this Decree.”.

15. To amend and supplement Clause 2, Article 21a as follows:

“2. Persons in police forces who are on duty, civil servants and public employees in the agencies specified in Articles 16 thru 21 of this Decree who are on duty.”.

16. To amend and supplement the title of Chapter IV as follows:

“Chapter IV PROCEDURES FOR SANCTIONING ACTS OF INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS”

17. To amend and supplement Article 22 as follows:

“Article 22. Basis for verifying administrative violations of industrial property rights

1. Verification to determine administrative violations of industrial property rights is conducted when there is one of the following grounds:

a) Request to handle acts of infringement of rights of industrial property right holders;

b) Results of inspection and examination by agencies competent to handle administrative violations;

c) Proposals of organizations and individuals that have suffered damage or are likely to suffer damage caused by unfair competition in the field of industrial property;

d) Information provided by individuals and organizations that detect acts of infringement of industrial property rights that cause damage to consumers or society, violations related to goods, stamps, labels, items bearing counterfeit marks or geographical indications.

2. The industrial property right holders specified at Point a, Clause 1 of this Article include:

a) The industrial property right holder who suffers damage due to the infringement including the organization authorized to manage the geographical indication protected in Vietnam;

b) The person who has the right to use industrial property object that suffers damage due to an act of infringement, if not restricted by the industrial property owner for the right to request handling of the infringement.

3. The agencies competent to handle violations specified at Point b, Clause 1 of this Article shall proactively inspect, examine, detect and coordinate with the industrial property right holder in verifying acts of administrative violations related to the following objects:

a) Goods, stamps, labels, packaging, and other items bearing counterfeit marks or geographical indications;

b) Infringing goods or services related to food, foodstuffs, pharmaceuticals, cosmetics, livestock feed, fertilizers, veterinary drugs, plant protection drugs, construction materials, means of transport, chemicals for medical, agricultural or environmental use, and other items identified by competent persons while conducting periodical or irregular inspection or examination.”.

18. To amend and supplement Article 23 as follows:

“Article 23. Authorization to request handling of acts of infringement of industrial property rights

1. The industrial property rights holder specified in Clause 2, Article 22 of this Decree shall directly submit a request for handling of industrial property rights infringement or authorize the head of its representative office, branch, agent or industrial property representative in Vietnam to submit the application.

2. Authorization must be made in writing in the form of power of attorney or authorization contract.

The power of attorney must contain the following principal contents: Full name and address of the authorizing party and the authorized party; Scope of authorization; Duration of authorization; Date of authorization document; Signature and seal (if any) of the authorizing party; Signature and seal (if any) of the authorized party in case of authorization contract.

A power of attorney of an organization or individual in Vietnam must bear the signature of the legal representative of the authorizing party and the confirmation seal of the authorizing party, if there is a legally registered seal.

A power of attorney made by a foreign organization or individual must be certified by a notary public, consular office or local administration or other form considered as being lawful as prescribed by law of where it is made.

3. A power of attorney enclosed with the request for handling of infringement must be an original. A power of attorney made in a foreign language must be enclosed with its Vietnamese translation certified by local administration or bearing guarantee and certification by an industrial property representation service provider being the authorized party.

In case a copy of a power of attorney refers to the original power of attorney already included in a dossier previously filed with the same violation-handling agency, such copy is also considered valid, provided that the applicant must specify number code of the filed dossier and the original is still valid and consistent with contents of authorization.

4. A power of attorney which is valid in procedures for establishing rights under Article 107 of the Law on Intellectual Property and clearly indicates contents of authorization including enforcement and protection of industrial property rights in Vietnam is also legally valid in procedures for requesting handling of infringement of rights as prescribed in this Decree.

5. Time limit of authorization is defined under time limit inscribed in the power of attorney. If a power of attorney fails to inscribe time limit, the time limit of authorization will be defined according to Clause 3, Article 107 of the Law on Intellectual Property.”.

19. To amend and supplement Article 25 as follows:

“Article 25. Receipt and examination of written requests for handling of violations in sanctioning of administrative violations

1. The written requests and documents, and evidence attached to the written requests for handling infringement shall comply with the provisions of Articles 89, 90, 91 and 92 of the Decree detailing a number of articles and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. In case of sending written requests to multiple competent authorities, the written requests must clearly state the names of the receiving agencies.

Upon making a request to handle an act of infringement of industrial property rights as prescribed at Point a, Clause 1, Article 211 of the Law on Intellectual Property, the person requesting the handling of the infringement must clearly state the nature and extent of the infringement in the written request for handling of the infringement and provide documents and evidence.

2. A written request for handling an infringement of industrial property rights shall be submitted to the competent authority for handling infringements as prescribed in Clause 3, Article 200 of the Law on Intellectual Property. Upon receiving a written request for handling infringement, the receiving agency shall determine the competence to handle the infringement. If the request for handling infringement falls under the handling competence of another agency, the receiving agency shall instruct the requester to submit the written request to the competent agency or transfer the written request to the competent agency for settlement within 10 days from the date of receipt of the written request.

3. The agency competent to handle the case shall consider the written request for handling of infringement according to the following provisions:

a) Within 10 working days from the date of receipt of the written request for handling of infringement, the agency handling the written request shall consider the validity of the written request and enclosed documents and evidence;

b) In case the documents or evidence supplied by the requester are insufficient, the agency handling the written request shall request the requester to supplement documents and evidence or give explanations within 30 days after being requested;

c) The agency handling the written request may request the alleged violator to provide information, evidence, and give explanation within 30 days from the date of request. In case the minutes of administrative violation has been drawn up, the alleged violator shall exercise the explanation right in accordance with the Law on Handling of Administrative Violations; solicit professional opinions from state agencies on industrial property or request industrial property appraisal to clarify the details of the case;

d) Within 30 days after receiving the complete dossier which satisfies the requirements, the agency handling the written request shall issue a document accepting the case and notify the organization or individual requesting handling of the infringement of the intended time, procedures, handling measures and request for cooperation and support from the industrial property right holder in the inspection, examination, verification and handling of infringement.

4. In case of complaints or disputes arising regarding registration rights, ownership rights, rights to request handling of infringement, protection conditions, scope of protection of related industrial property rights after the written request for handling of infringement is accepted, the agency competent to accepting the case shall take the following handling measures:

a) Require relevant parties to carry out procedures to request settlement of complaints, denunciations and disputes with competent authorities within 10 days from the date of recording the dispute;

b) Request the state agency on industrial property to clarify the legal status of industrial property rights subject to the complaint, denunciation or dispute. The state agency on industrial property shall provide documents clarifying the legal status of industrial property rights subject to complaints, denunciations, or disputes within no more than 10 days from the date of receipt of the request.

Within 30 days from the date of receipt of the written reply of the state management agency in charge of industrial property, the competent authority handling the case shall reply the requester of whether it will carry out the procedure for handling the infringement or refuse the request for handling the infringement of industrial property rights.

5. Rights and responsibilities of the alleged violator:

a) During the process of handling the case, the alleged violator may, at his/her/its own will or the request of a competent person, provide information, documents and evidence and give explanations, and work with the competent agency to resolve the case in case of disagreement with the requester;

b) The alleged violator may authorize another organization or individual satisfying the conditions prescribed in Article 23 of this Decree to represent it in performing the tasks specified at Point a of this Clause;

c) To prove that his/her/its act does not infringe upon the right to an invention or a utility solution being a process, the alleged violator can prove that the product allegedly produced from the process infringing the rights to the invention or utility solution has not actually been produced from the process protected by the invention or utility solution, and complies with the corresponding conditions prescribed in Clause 4, Article 203 of the Law on Intellectual Property;

6. The responsibility of the person requesting to handle infringement is prescribed in the Decree detailing a number of articles and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property.”.

20. To amend and supplement Article 28 as follows:

“Article 28. Refusal to handle or termination of handling of written requests for handling of violations in sanctioning of administrative violations

1. The agency handling the written request shall refuse to accept the written request in the following cases:

a) A written request for handling infringement is submitted when there is a complaint or dispute on registration rights, ownership rights, rights to request handling of infringement, protection conditions, and scope of protection of industrial property rights;

b) The person requesting handling of infringement does not satisfy the request of the agency handling the written request for explanation and additional evidence proving the status of the industrial property right holder and proving infringement within the time limit specified at Point b, Clause 3, Article 25 of this Decree;

c) The statute of limitations for administrative violations has expired. In case of eligibility to apply remedial measures, it shall be implemented in accordance with the law on handling administrative violations;

d) The verification results of the agency handling the written request show that there is no infringement as described in the written request for handling infringement;

dd) There is a conclusion, decision or notice from a competent authority on the lack of grounds for carrying out the infringement handling procedure;

e) The act proposed to be handled in the written request is not an administrative violation as prescribed in this Decree;

g) The written request has been accepted and processed by another agency in case the request is sent to multiple agencies with the same processing authority.

2. The person accepting a written request for handling infringement must terminate processing the written request in the following cases:

a) There are complaints or disputes arising after the written request has been accepted and must wait for the settlement results of the competent authority as prescribed in Clause 4, Article 25 of this Decree;

b) There is lack of grounds to determine the infringement after the written request has been accepted;

c) The requester requests in writing withdrawal of the written request for handling infringement or requests to terminate handling the case, except for the case specified in Clause 3 of this Article.

3. In case there are grounds to determine that the infringement is an administrative violation, the person competent to sanction administrative violations shall still proceed with the administrative sanctioning procedure for such infringement, despite receiving a notice of withdrawal of the request to handle the infringement or a request to terminate handling of the case as prescribed at Point c, Clause 2 of this Article.”.

21. To amend and supplement a number of clauses of Article 31 as follows:

a) To amend and supplement Clause 2 as follows:

“2. Remedial measures include forcible change in the enterprise name or forcible removal of infringing elements in the enterprise name.

a) In case the competent person issues a decision to sanction administrative violations or a decision to apply remedial measures, including the application of remedial measures such as forcible change in the enterprise name or forcible removal of infringing elements in the enterprise name, the agencies competent to handle violations shall send the decision to the relevant parties and the business registration agencies for information. Within 60 days from the date the decision on administrative sanctions or the decision on applying remedial measures takes effect, the violating enterprise shall change the enterprise name and remove the infringing element in the enterprise name;

b) In case the violating enterprise does not carry out the procedure to change the enterprise name or remove the infringing element in the enterprise name, it shall be subject to compulsory enforcement. Within 10 working days from the date of expiration of the enforcement period of the decision specified at Point a of this Clause, the agencies competent to handle violations shall notify the business registration agencies for coordination in handling.

Within 05 working days from the date of receipt of the notice from the agencies competent to handle violations, the business registration agencies shall issue a Notice requesting the enterprise to report, explain and handle the violation in accordance with Point c, Clause 1, Article 216 of the Law on Enterprises;

c) Responsibility and coordination in handling enterprise names infringing industrial property rights:

The holder of industrial property rights is responsible for providing complete records and documents as prescribed and coordinating with competent authorities in the process of handling enterprise names infringing industrial property rights.

The business registration agency where the enterprise has its head office is responsible for receiving and processing requests to change the enterprise name upon request of the agencies competent to handle violations or the industrial property right holder; requesting the enterprise to report and explain in accordance with the Law on Enterprises upon receiving notice from the agencies competent to handle violations.”.

b) To amend and supplement Clause 3 as follows:

“3. Remedial measures for forcible return of domain name

a) In case the remedial measures for forcible return of domain name is applied, the organization or individual is responsible for carrying out the procedure to return the domain name at the domain name management agency within 30 days from the date the decision on administrative sanction or the decision on applying the remedial measure takes effect;

b) After the above time limit, if the violating organization or individual does not carry out the procedure to return the domain name, the domain name shall be forcibly revoked;

c) The domain name management agency and the domain name registrar are responsible for revoking the domain name to enforce the enforcement decision stated at Point b of this Clause.

The domain name registrar is responsible for notifying the domain name registrant of the domain name revocation, performing the domain name revocation procedure and sending a written report to the domain name management agency after completing the domain name revocation.”.

c) To add Clauses 5, 6, 7, 8, 9 as follows:

“5. For decisions on administrative sanctions that apply remedial measures of forcible bringing out of the territory of Vietnam or forcible re-export of material evidences and means of administrative violations, if the administrative violator does not voluntarily comply with such decisions, the material evidences and means of administrative violations shall be forcibly destroyed.

6. Remedial measures of forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications are implemented as follows:

Individuals and organizations committing administrative violations must distribute or put into non-commercial use goods bringing counterfeit marks or geographical indications in accordance with the law; if individuals and organizations committing administrative violations do not voluntarily comply, they shall be forced to do so.

7. Remedial measures of forcible addition of instructions on industrial property are implemented as follows:

Individuals and organizations committing administrative violations must supplement industrial property instructions on goods, packaging, and product labels in accordance with the law; if individuals and organizations committing administrative violations do not voluntarily comply, they shall be forced to do so.

8. Remedial measures of forcible return of erased or altered papers and documents to the competent authority or person that issued such papers and documents are implemented as follows:

Individuals and organizations committing administrative violations must return erased or altered papers and documents to the competent authority or person that issued such papers and documents in accordance with the law; if individuals and organizations committing administrative violations do not voluntarily comply, they shall be forced to do so.

9. Remedial measures of forcible payment of compensation equivalent to the transfer price of the right to use the infringed invention, utility solution, industrial design, or layout design within the corresponding scope and duration of use is implemented as follows:

Individuals and organizations committing administrative violations must pay compensation equivalent to the transfer price of the right to use the infringed invention, utility solution, industrial design, or layout design to the owner of the infringed invention, utility solution, industrial design, or layout design; if the individual or organization committing administrative violations does not voluntarily comply, they shall be forced to do so.”.

Article 2. Supplementing, replacing, annulling phrases, points, clauses, articles of Decree No. 99/2013/ND-CP dated August 29, 2013, of the Government, on sanctioning of administrative violations in industrial property, amended and supplemented under Decree No. 126/2021/ND-CP, dated December 30, 2021, of the Government.

1. To add the phrase “and other activities” after the phrase “packaging” at Point a, Clause 13, Article 10; Point a, Clause 13, Article 11; Point a, Clause 10, Article 12.

2. To replace the phrase “forcible change of domain name information or return of domain name” with the phrase “forcible return of domain name” at Point c, Clause 18, Article 14; the phrase “heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes affiliated to provincial-level police department” with the phrase “heads of Police Divisions for Investigation of Corruption, Economic, Smuggling and Environment Crimes affiliated to provincial-level police department” in Clause 2, Article 20.

3. To annul the provisions of Point e, Clause 3, Article 3; Point b, Clause 2, Article 6; Point h, Clause 2, Article 7; Point c, Clause 15, Article 10; Clause 16, Point c, Clause 17, Article 11; Point a, Clause 15, Clause 17, Article 14; Clause 5, Article 20; Article 24; Article 26; Article 27; Point d, Clause 2, Article 28.

Article 3. Responsibilities for implementation organization

1. The Ministry of Science and Technology shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of People's Committees of centrally run cities and provinces shall implement this Decree.

Article 4. Implementing provisions

1. This Decree takes effect from July 1, 2024.

2. Transitional provisions:

For acts of administrative violations in the field of industrial property that occurred before the effective date of this Decree but are detected or are considered for handling after the effective date of this Decree, the Government's Decree on administrative sanctions in effect at the time of the violation shall prevail, except; if it does not provide for liability or impose lighter liability for the occurred violation, this Decree shall prevail.

For decisions on administrative sanctions that have been issued or have been fully enforced before the effective date of this Decree and the organizations and individuals subject to administrative sanctions still file complaints, Decree No. 99/2013/ND-CP dated August 29, 2013, of the Government, on sanctioning of administrative violations in industrial property, which was amended and supplemented under Decree No. 126/2021/ND-CP dated December 30, 2021, of the Government, shall prevail for consideration and settlement.