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Product Regulation & Liability

Vietnam: Government approves anti-counterfeiting and consumer protection in e-commerce by 2025 Plan

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In brief

  • On 29 March 2023, Deputy Prime Minister Tran Luu Quang signed Decision No. 319/QD-TTg, which approved the Anti-Counterfeiting and Consumer Protection in e-commerce by 2025 Plan (“Plan“).
  • The Plan is set to increase anti-counterfeiting and consumer protection initiatives, build consumer confidence in online purchasing, and encourage transparent and healthy e-commerce activities in general.

Details about the Plan are set out below.

In more detail

The Plan aims to do the following:

  • Enhance the system of policies and laws regulating the inspection and handling of administrative violations, standards, measurement, product quality and product labels in e-commerce. 

Strengthen national standards and technical regulations regarding product and goods quality. 

Promote the use of codes and barcodes and trace the origin of products and goods.

  • Build an anti-counterfeiting and consumer protection database system for centralized, transparent, and synchronous management to effectively aid anti-counterfeiting efforts and protect customers in e-commerce operations.
  • Ensure that all officials performing official duties on anti-counterfeiting and consumer protection in e-commerce activities are trained and equipped with knowledge about e-commerce, and possess the capacity, professional qualifications, and skills required to successfully complete the assigned task.
  • Have all major e-commerce operators sign memorandums agreeing not to trade in counterfeit goods. 
  • Ensure that all companies and individuals conducting business on major e-commerce platforms are conversant with the legal requirements and that consumer rights knowledge is widely spread and taught to each consumer.

Conclusion

While e-commerce counterfeiting in Vietnam is becoming alarmingly more complex, local authorities have stepped up their efforts to enforce IP rights in recent years, notably in the area of combating counterfeit goods. Even if counterfeits, knockoffs and infringing goods continue to be a headache in Vietnam, we are optimistic that the Plan would bring new initiatives and incentives for both businesses and consumers in Vietnam’s e-commerce markets.

We will keep a close eye on the implementation of the Plan and offer additional analysis and commentary in due course.

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Author

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Author

Thi Kieu Hoa Tran is a special counsel in Baker McKenzie's Hanoi office. She previously worked as an associate intern in the Firm's Trade Marks Unit in London.

Author

Dung Pham has over 18 years of IP legal experience in Vietnam, focusing on contentious IP work. Before joining the Firm in 2012, Dung headed a local boutique IP firm in Hanoi.

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