The case that Trang Nemo shop was suddenly checked by the 'court army': More judgments on the head for selling fake goods

Based on the results of the investigation and verification of the functional forces, the owner of this clothing store may be considered for administrative sanctions for the act of trading in fake goods, or trading in unknown goods. source.

On December 9, the Market Management Team No. 2, Department of Information Management of Ho Chi Minh City suddenly checked the fashion store "PAGE NEMO STYLE", initially discovered most of the goods on sale at the store. There are signs of counterfeiting of many world famous brands. The store is at 269C-269D Nguyen Trai, Nguyen Cu Trinh ward, district 1, Ho Chi Minh City owned by Mr. NM (SN 1991) residing in Dong Nai.

Initially, the representative of the Information Management Team No. 2 said that most of the goods sold at the Store have signs of counterfeiting of many world-famous brands. It is known that the fashion store " TRANG NEMO STYLE" is owned by Mrs. Nguyen Xuan Huong Trang (also known as Trang Nemo).

Talking with Lawyer Tran Xuan Tien, Head of Dong Do Law Office, Ho Chi Minh City Bar Association. According to Hanoi, the sale of counterfeit goods and counterfeit goods without receipts and documents to verify the origin has potential negative consequences such as affecting the interests of consumers, reducing consumer confidence. using the transparency of the commodity market, even affecting the reputation of genuine manufacturers and traders. Authorities need to quickly detect and handle violations.

In this case, according to initial information received, the representative of Trang Nemo store has not fully presented documents related to the origin and origin of many products at the store. In this case, depending on the nature and seriousness of the act, the owner of the infringing clothing establishment may be administratively sanctioned or examined for penal liability for the act of selling counterfeit goods, imitation goods, or other goods. unknown origin.

Currently, the identification of counterfeit and smuggled goods is shown in Decree 98/2020/ND-CP. In which, according to the content of Article 3 of this Decree, if imported goods are circulated on the market without invoices or documents attached as prescribed by law, or there are invoices and documents, but invoices and documents is illegal under the law on management of invoices considered as "smuggled goods". And "goods of unknown origin" are goods circulated on the market without a basis to determine the origin of the place of production or the origin of the goods; Counterfeit goods are goods with no use value, uses not in accordance with the natural nature, names of goods/use values, announced or registered uses.

Accordingly, based on the results of investigation and verification of the functional forces, the owner of this clothing store may be considered for administrative sanctions for the act of trading in fake goods, or trading in fake goods. of unknown origin.

Based on the value of the goods, the owner of this establishment may be fined up to 50 million VND for trading in goods of unknown origin as prescribed in Article 17 of Decree 98/2020/ND- CP. For acts of trading in counterfeit goods, based on the value of goods and illegal profits obtained from the sale, the owner of this establishment can be fined up to VND 70 million, based on Article 9 , Article 11 of Decree 98/2020/ND-CP. In addition, the violator will also have the material evidence confiscated and at the same time be forced to return the illegal profits obtained from the violation.

In case the act of trading in counterfeit goods takes place with a large value of goods, gaining illicit profits or causing property damage, the violator may be prosecuted for criminal responsibility for the crime of manufacturing and trading in counterfeit goods. counterfeit goods according to Article 192 of the Criminal Code 2015, amended and supplemented in 2017, with the highest penalty of up to 15 years in prison, a fine of up to VND 50,000,000, in addition, the offender may also be banned from practicing the profession. from 01 to 05 years or confiscate part/all of the property.

Previously, Trang Nemo and its 04 employees were prosecuted by the People's Procuracy of District 1 for the crime of "disturbing public order" under Clause 1, Article 318 of the Penal Code. However, the act of disturbing public order by Trang Nemo and its employees and the act of trading in goods of unknown origin and origin, with signs of counterfeit and counterfeit goods are two acts of violation of the law. independent nature. Therefore, the authorities will base on the nature and severity of each violation to consider penalties for each of the above violations.

According to the leader of the General Department of Market Management, in the near future this agency will step up inspection and strict control of goods trading on e-commerce platforms. In particular, the accounts of influential celebrities promoting and selling products on Facebook, Zalo or TikTok will also be constantly checked.

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