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New regulations in effect (Vol.17 - No 195 November 2010)
From November 9, industrial property infringers will face a fine of between VND 2 and 500 million depending on the value of infringing goods or services. The heaviest fine of VND 500 million, set out in the 2008 Ordinance on Handling of Administrative Violations, will replace the current unspecific maximum of five times the infringing value under Decree No. 106/2006/ND-CP.

* From November 9, industrial property infringers will face a fine of between VND 2 and 500 million depending on the value of infringing goods or services. The heaviest fine of VND 500 million, set out in the 2008 Ordinance on Handling of Administrative Violations, will replace the current unspecific maximum of five times the infringing value under Decree No. 106/2006/ND-CP.

Under Decree No. 97/2010/ND-CP of September 1, unfair competitors employing industrial property-related tricks, including selling products bearing counterfeit marks or geographical indications or sticking on one’s goods others’ logos or slogans to mislead consumers as to the origin or quality of these goods, will face a fine of up to VND 70 million against current VND 20 million.

Any persons who are aware of infringements may file complaints or denunciations with authorities or request them to handle infringers.

* From November 25, the fee for licensing mineral activities, including exploration and exploitation, will increase to VND 1-100 million depending on land areas to be explored or mined.

The highest fee rate of VND 100 million will be applicable to licensing exploitation of special and hazardous minerals. For rare and precious ores, the exploitation licensing fee will be VND 80 million.

Also regarding mineral exploitation, the revised Law on Minerals, passed on October 17, requires the right to exploit minerals to be publicly auctioned to choose the most capable miners. This method is expected to help limit the ask-permit mechanism in exploitation licensing and the back-forth transfer of projects among investors.

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