The sale of counterfeit goods online refers to the act of using the internet to sell products that imitate trademarks or replicate existing products without complying with legal regulations on product standards. This is typically carried out through the creation of fraudulent seller accounts on e-commerce platforms or via postings on platforms such as Facebook or TikTok.
For acts involving the trading of counterfeit goods in general, and online counterfeit sales in particular, depending on the nature and severity of the violation, offenders may be subject to administrative sanctions or criminal liability.
Administrative penalties for selling counterfeit goods online
Currently, administrative sanctions for acts of selling counterfeit goods online are governed by Decree No. 98/2020/ND-CP. Specifically:
- Article 9 (Counterfeit goods regarding use value or utility):
Depending on the equivalent value of counterfeit goods compared to genuine goods in terms of quantity or the amount of illicit profit obtained, offenders may be fined from VND 1,000,000 to VND 70,000,000. - Article 11 (Counterfeit goods relating to labels and packaging):
Depending on the equivalent value of counterfeit goods compared to genuine goods or the illicit profits derived, offenders may be fined from VND 1,000,000 to VND 50,000,000. - Article 13 (Trading in counterfeit labels, packaging, or stamps):
Depending on the quantity sold, offenders may be fined from VND 300,000 to VND 30,000,000.
In addition, supplementary penalties may be imposed, including confiscation of exhibits and means of violation, suspension or revocation of licenses or practicing certificates, and remedial measures such as:
- Compulsory disgorgement of illicit profits obtained from the violation;
- Mandatory recall and destruction of counterfeit goods circulating in the market.
Criminal liability for selling counterfeit goods online
Pursuant to Articles 192, 193, 194, and 195 of the 2015 Criminal Code (as amended in 2017 and 2025), individuals committing acts of selling counterfeit goods may be subject to criminal prosecution for one of the following offenses, depending on the type of goods involved:
- Offense of producing or trading in counterfeit goods (Article 192):
Basic penalty: a fine from VND 200,000,000 to VND 2,000,000,000 or imprisonment from 1 to 5 years;
Maximum penalty: up to 15 years’ imprisonment. - Offense of producing or trading in counterfeit food, foodstuffs, or food additives (Article 193):
Basic penalty: imprisonment from 2 to 5 years;
Maximum penalty: life imprisonment. Additional penalties may include:- A fine from VND 40,000,000 to VND 200,000,000;
- Prohibition from holding certain positions or practicing certain professions for 1 to 5 years;
- Partial or full confiscation of assets.
- Offense of producing or trading in counterfeit medicines or preventive medicines (Article 194):
Basic penalty: imprisonment from 2 to 7 years;
Maximum penalty: life imprisonment. Additional penalties are similar to those stated above. - Offense of producing or trading in counterfeit animal feed, fertilizers, veterinary drugs, plant protection products, plant varieties, or livestock breeds (Article 195):
Basic penalty: a fine from VND 200,000,000 to VND 2,000,000,000 or imprisonment from 1 to 5 years;
Maximum penalty: up to 15 years’ imprisonment. Additional penalties may also apply as noted above.
Conclusion
Accordingly, depending on the type of goods and the severity of the violation, the act of selling counterfeit goods online may result in administrative sanctions or criminal prosecution.
Notably, in cases involving counterfeit medicines or preventive drugs, offenders may face criminal liability with the most severe penalty being life imprisonment.
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