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Viet Nam

Ordinance No. 44/2002/PL-UBTVQH10 of July 2, 2002 on Handling Of Aministrative Violations

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Viet Nam

Year of current version:2002
Date of entry into force of original text:October 1, 2002
Date of Text (Enacted):July 2, 2002
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws, Other
Notes:
This Ordinance makes detailed provisions for handling administrative violations including the IP rights infringements.

Currently, Vietnam does not have a special system for Intellectual Property Rights enforcement in both civil and administrative procedures. In fact, resorting to administrative procedures and remedies to suppress an Intellectual Property Rights Infringement is regarded more effective than taking a suit before a court.

The enforcement authorities of intellectual property laws in Vietnam includes:
-The People's Courts
-The Specialized Inspectorates
-The Customs Offices
-The Economic Offices
-The People's Committees
(Chapter IV.-Competence to handle administrative violations, Articles 28-42, pages 16-29).

The administrative IPR enforcement is specifically given to the relevant competent authorities specified below:
-The People's Committee at the district and the provincial level
-The Specialized Inspectorates on Science and Technology (under the supervision of the Ministry of Science and Technology)
-The Specialized Inspectorates on Culture and Information (under the supervision of the Ministry of Culture and Information)
-The Market Control Forces (under the supervision of the Ministry of Trade)
-The Economic Polices (under the supervision of the Ministry of Interior)

For provisions concerning the administrative remedies for infringement of intellectual property rights, see:
-Chapter II 'Forms of sanction against administrative violations and measures to overcome consequences', Article 13 (warning), Article 14, paragraph 2d (monetary fine for IP infringement), Article 16 (revocation of the business permission), Article 17 (detainment and confiscation of the materials and instruments being used for performing the infringement), Articles 18, 20 (removement of signs of infringement and delivery for non-commercial purpose), Articles 19, 21 (destruction of the infringing goods whose exploitation may be harmful to human-beings, animals or plants)

-Chapter X 'General Provisions', Article 10.- Statute of limitations for handling of administrative violations (the statute of limitations for sanctioning an administrative violation in the field of intellectual property shall be one year as from the date such administrative violation)
Available Texts: 
English

Ordinance No. 44/2002/PL-UBTVQH10 of July 2, 2002 on Handling Of Aministrative Violations Ordinance No. 44/2002/PL-UBTVQH10 of July 2, 2002 on Handling Of Aministrative Violations, Complete document (pdf) [166 KB]

Related Legislation:
WIPO Lex No.:VN054

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