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VIETNAM SOCIAL SCIENTIFIC INSTITUTE ACADEMY OF SOCIAL SCIENCES PHAM TAI TUE CRIMES RELATED TO COUNTERFEIT GOODS UNDER VIETNAMESE CRIMINAL LAW Major: Criminal law and criminal proceedings Code: 38 01 04 ABSTRACT OF JURIS DOCTOR’S THESIS Hanoi - 2019 The project is completed at: ACADEMY OF SOCIAL SCIENCES VIETNAM SOCIAL SCIENTIFIC INSTITUTE Scientific Instructors: Assoc Prof Dr Truong Quang Vinh Dr Le Dang Doanh Counter - argument 1: Assoc Prof Dr Tran Dinh Nha Counter - argument 2: Assoc Prof Dr Tran Huu Trang Counter - argument 3: Assoc Prof Dr Pham Van Loi The thesis will be upholded in front of the Examination Council of Academy level at: at……… hour…………minute, date………month……….year…… The thesis can be available at: - National Library of Vietnam - Library of Academy of Social Sciences OPENING The urgency of the subject The act of producing and trading counterfeit goods is one of the economic crimes that has caused great harm on many economic and social aspects of the country Currently, counterfeit goods in Vietnam appear almost in all areas and include many types of goods, from high-end, expensive items such as gold and silver; luxury goods such as perfume, cosmetics, foreign alcohol or even specialized goods such as western medicines, pesticides, fertilizers, livestock Counterfeit goods are available from imported goods like electronics, industrial goods, to domestic production items such as footwear and construction materials The study of the current provisions of law associated with the practical analysis of preventing crimes on the production and trading of counterfeit goods in order to provide appropriate recommendations is a necessary requirement The systematic study, resolving new theoretical issues, analyzing and assessing the provisions of the Criminal Code on crimes of counterfeit goods thereby giving solutions to solve the problems of practical application of laws in the criminal justice field, from the author's point of view, is timely and opportune Unfortunately, for many years since the amendment of the Criminal Code in 2009, no doctoral thesis has researched on this issue Successful research on these issues has important implications not only for practice but also for theory within the current period Therefore, the author has chosen the topic “Crime of counterfeit goods under Vietnam's criminal law” as the thesis topic Purpose and duty 2.1 Purpose of the project The research purpose of the thesis is to study in a systematic and comprehensive way for counterfeiting crimes according to Vietnam's criminal law Besides, the thesis desires to contribute to improving theoretical issues for criminals about counterfeit goods 2.2 Duty of the project To achieve the research purpose, the thesis is focus on solving these following tasks: - In terms of theory: + Studying different theoretical points on the offense of producing and trading counterfeit goods according to the provisions of criminal law and the institutionalization of this crime in the Criminal Code 2015 (amended and supplemented in 2017) + Clarifying the scientific content of the determination of the crime as well as the Criminalty frame for producing and trading of counterfeit goods; objective, subjective aspects of this crime Analyzing the practice of determining criminal charges and deciding Criminalties for the production and trading of counterfeit goods, thereby providing assessments and comments on the rationality of the provisions on this crime in the Criminal Code + Analyzing and comparing the development of domestic criminal laws with foreign ones in terms of counterfeiting crimes to find out the development direction as well as determine the reasonable and scientific contents that need to be acquired in the construction of our country’s criminal law In terms of practice: + Generally assessing the situation of the offense of producing and trading counterfeit goods within 10 years (from 2007 to 2017), thereby specifying the issues of determining crime, deciding Criminalties for crime of producing and trading counterfeit goods The outcome of this practical study is the basis to consider and evaluate the effectiveness of the criminal policy of the Government for this crime + Clarifying problems in the application of criminal law provisions on determining criminal offense and deciding Criminalties for the crime producing and trading counterfeit goods + Providing recommendations and solutions to enhance the effectiveness of Criminalties applied to the crime of producing, trading counterfeit goods based on the practical evaluation of the crime determination and deciding Criminalties for this crime Scope and object 3.1 Scope of the study - Research majors: The thesis is studied, analyzed and evaluated in terms of criminal law and criminal procedure law - Research time: from 2007 to 2017 - Research area: all over Vietnam 3.2 Object of the study - The thesis studies crimes related to counterfeit goods according to Vietnam's criminal law - From a theoretical perspective: the thesis studies issues such as the concept of criminals related to counterfeit goods, constitution of criminals (objective aspect, subject, subjective aspect) of crimes related to counterfeit goods; scientific perspectives, Vietnam's criminal law provisions as well as provisions in criminal law in some countries around the world for counterfeit crimes - From a practical perspective: the thesis analyzes the practice of applying the provisions of the Criminal Code in determining crimes, deciding Criminalties in trial for crimes related to counterfeit goods from the provinces and cities in Vietnam The thesis decides to research and analyze about 100 judgments to clarify the inadequacies of criminal law, limitations in practice and the causes of such limitations in order to provide necessary scientific recommendations Methodology and research method The thesis applies Marxism-Leninism, Ho Chi Minh Ideology, views our Party and Government related to crimes and Criminalties and the prevention of crimes as the research methodology The thesis also applies other research methods such as: synthesizing, statistics, analyzing, comparing, making tables, to complete each part of the thesis New scientific contributions of the thesis The thesis will contribute to ensuring the understanding and proper application of the provisions of law on the group of criminals related to counterfeit goods as well as to improving the criminal legal system for crimes related to counterfeit goods, thereby effectively preventing and handling counterfeit goods production and trading which are increasingly destroying the economies of the countries around the world including Vietnam The scientific and practical significancies of the thesis - The thesis focuses on clarifying the theoretical issues of counterfeiting crimes, systematizing criminal law provisions for this type of crime, providing judgments about the rationality or irrationality of legal provisions based on the analysis of actual judgments The thesis can be used as a document for teaching, learning and scientific research in the field of criminal law and related fields - The thesis can become a reference for legislative agencies and social organizations to contribute ideas as well as continue to amend and supplement the provisions in the Vietnam’s Criminal Code - Research results of the thesis can be used to unify the understandings of the provisions of the law on crimes related to counterfeit goods, contributing to overcoming the limitations and obstacles in practical application of law, thereby improving the effectiveness of the fight against and preventing crimes in general, and crimes related to counterfeit goods in particular Structure of the thesis In addition to the introduction and conclusion, the references, the thesis is structured with chapters: Chapter 1: Overview of research situation Chapter 2: Theoretical issues for criminals related to counterfeit goods Chapter 3: Vietnam's criminal law and criminal law in some countries around the world for counterfeit crimes Chapter 4: Practical application and measures to ensure proper application of the provisions of criminal law for crimes related to counterfeit goods CHAPTER GENERAL RESEARCH SITUATION There have been many research projects concerning crimes related to counterfeit goods so far 1.1 Domestic research situation There are research projects on general theoretical issues about crimes related to counterfeit goods, namely: the works to which the author referred are the textbooks on criminal law, scientific commentaries on the Criminal Code, the dissertations and articles published in jurisprudence journals These projects’ authors have analyzed and clarified the theoretical issues of criminal law such as crimes, Criminalties and issues related to crime and punishment This is the basis for the author of this thesis to deeply comprehend the criminal law provisions for crimes related to counterfeit goods These works have brought the author of this thesis practical value and benefits in implementing the topic There are research projects on practical application of legal provisions for crimes related to counterfeit goods, namely: The research works to which the author referred are the works that help the author to construct the overall view on the application of criminal law provisions for crimes related to counterfeit goods In addition to analyzing the practical application of law to criminals in this group, these projects’ authors also analyze and clarify some of the causes of practical difficulties in application as a result of some limitations in regulations of laws as well as the inappropriate professional qualifications of people conducting legal procedure There are research projects on the solutions to improve the provisions of the law for crimes related to counterfeit goods, namely: The purpose of this thesis is to provide solutions ensuring the proper application of the provisions of law on crimes related to counterfeit goods Therefore, scientific research projects that have been published to offer solutions to improve the provisions of the law on human dignity and honor crimes are referenced by this thesis author In general, the above research projects have clarified many issues concerning crimes related to counterfeit goods These would be documents which help the author of this thesis to supplement novel awareness about crimes related to counterfeit goods, which contribute to the effective implementation of the research 1.2 Foreign research situation In order to successfully implement the doctoral dissertation topic, in addition to mastering the situation of domestic research, it is necessary to firmly grasp the situation of overseas research to compare and contrast between those studies and at the same time attemp to add theoretical and practical basis of the issues related to the content of the topic In the world, there are also many scientific works on crimes against human dignity and honor The research projects that the author of the thesis refer to are works with contents related to criminal law theory, mechanisms for handling crimes related to counterfeit goods Thus, it can be affirmed that crimes related counterfeit goods is a special concern of researchers not only in Vietnam but also all over the world By approaching these works, the author could obtain a broader view of crimes related to counterfeit goods 1.3 Review of thesis-related research situation Through the study of international and domestic scientific projects on crimes related to counterfeit goods as mentioned above, the author of the thesis found that scientific research projects are published among different levels However, there are some divergences between the referenced research projects Therefore, the author of this thesis would, on the one hand, absorb the advantages of the mentioned research projects and, on the other hand, clarify the issues that have not been studied or have been mentioned at a level that is either insufficient or excessively general Sub-conclusion of chapter The research result of Chapter shows that the study of crimes related to counterfeit goods under Vietnamese criminal law in a complete and profound manner with the level of a doctoral thesis at this time is crucial With the number of research projects in the country as well as in the world on issues related to the thesis topic, although there are still limitations, the problems have not been solved thoroughly but could be considered as valuable sources of material for the author to study and acquire achievements from the works included in the thesis thereby contribute to the success of the thesis CHAPTER THEORETICAL ISSUES CONCERNING CRIMES RELATED TO COUNTERFEIT GOODS Counterfeiting goods directly damage consumers and dislocate genuine business manufacturers For domestic production and consumption, counterfeit goods directly affect the rights and reputation of genuine businesses that want to develop by way of fair competition Researching and clarifying some theoretical and historical issues about crimes related to counterfeit goods would positively contribute to the fight against and prevention of crimes in general and crimes related to counterfeit goods in particular 2.1 Concept of crimes related to counterfeit goods 2.1.1 Concept of counterfeit goods Currently there are many different understandings about counterfeit goods According to thenLaw Dictionary of the Institute of Legal Sciences under the Ministry of Justice and the Dictionary of interpretation of legal terms - Criminal Law, Criminal Procedure Law of Hanoi Law University, counterfeit goods are defined as follows: “Counterfeit goods are objects that are either not valid for the use of the goods which they bear the name (counterfeit content) or valid for the use of the goods bearing the name but bearing the trademark of another production establishment in order to deceive customer (counterfeit form)” Thus, according to these two dictionaries, counterfeit goods include two types, namely: counterfeit goods in content and counterfeit goods in form Counterfeit goods in content are not valid for the use of goods which they bear the name while counterfeit goods in form are valid of the use of goods bearing the name but bearing the trademark of another production establishment in order to deceive customer Counterfeit goods which are considered as subjects to production activities and trafficking in this criminal group are counterfeit goods in content 11 contents and principles of international treaties that Vietnam has signed or acceded to 2.3 Criminal policy of our Government for crimes related to counterfeit goods First, the Government focuses on criminally handle the acts of producing and trading counterfeit goods related to consumers' health and lives Second, the Government has a clear distinction between counterfeit goods in content and counterfeit goods in form; counterfeit goods and goods infringing industrial property rights; thereby giving different directions of solutions Third, criminal law has a increasingly clearer division of criminal responsibility for crimes related to counterfeit goods Sub-conclusion of chapter In order to understand the criminal law provisions on crimes related to counterfeit goods, the first thing to identify is the concept of crimes related to counterfeit goods The theoretical content of Chapter provides the basis for analyzing the legal signs of crimes related to counterfeit goods in Vietnam's criminal law, and at the same time serve as a basis for evaluating the practical application of criminal law for this criminal group in practice This is the content that would continue to be implemented in Chapter and Chapter of the thesis 12 CHAPTER REGULATIONS OF CRIMINAL LAW ON CRIMES RELATED TO COUNTERFEIT GOODS 3.1 Regulations of Vietnamese law on crimes related to counterfeit goods 3.1.1 Overview of the history of development of Vietnam's criminal law provisions on crimes related to counterfeit goods Researching Vietnam's criminal law history stipulating crimes related to counterfeit goods through periods is an important issue to assess the change and development of Vietnam's criminal law over each period, thereby forming the basis to further improve the law of these crimes The period after the August 1945 Revolution and before the 1985 Criminal Code came into force After the August 1945 Revolution, the Democratic Republic of Vietnam was born with many difficulties, challenges, enemies from both the inside and the outside of the territory During this period, although the Government has issued many legal documents in the criminal field to create a legal basis for fighting against and preventing crimes, protecting young authorities, however, crimes related to counterfeit goods had not been mentioned yet In 1975, the southern Vietnam was liberated, the country was united On March 15, 1976 the Provisional Revolutionary Government promptly issued the Law No 03/SL regulating crimes and penalties to stabilize the market and ensure the Government management toward the economy Crime of producing counterfeit goods also provided in Article of this Act as one of the economic crimes In order to overcome the limitations and shortcomings of Decree No 03-SL/76 and become more suitable to the novel situation of the economy, on the basis of the Constitution of 1980, Ordinance No 07-LCT/HDNN which was issued on July 10, 1982 stipulating the punishment for crimes of 13 speculating, smuggling, counterfeiting and illegal trading is considered to be the first legal document specifically stipulating the crime of producing or trading counterfeit goods before the Criminal Code of 1985 was born In fact, when applying the law to handle an act of making or trading counterfeit goods, the authorities must base on both the above documents to determine whether to bring into account the criminal liability or only apply administrative measures The application of law in handling acts of producing and trading counterfeit goods has certain difficulties and obstacles The period after the Criminal Code of 1985 came into force and before the Criminal Code of 1999 came into force The Criminal Code of 1985 was passed by the 7th National Assembly on June 27, 1985 at the 9th session and came into force from January 1, 1986 This is the first Criminal Code of our country to be issued on the basis of legalizing the previous issued criminal legal documents, thereby marked a remarkable step in the criminal legislative history of our Government In the Criminal Code of 1985, crimes related to counterfeit goods are prescribed as a single crime with one provision for all fields The Criminal Code of 1985 over a period of time had revealed inadequate, outdated limitations and was no longer suitable for the new situation Market mechanisms, acts of producing and trading counterfeit goods have many changes in methods, tricks and categories regulations on offenses of counterfeiting and trading counterfeit goods are stipulated in Article 167 was no longer suitable for the crime related to counterfeit goods The development of a new law, in which there are provisions on offenses of counterfeiting and trading goods, which are completed in accordance with the new situation, is essential The period after the Criminal Code 1999 came into force and before the 2015 Criminal Code came into force 14 On November 22, 1999, the 10th National Assembly passed the Criminal Code of 1999 and also passed Resolution No 32/1999/QH-10 on the implementation of the Criminal Code This law inherited and promoted the provisions of the Criminal Code of 1985 on the basis of acquiring lessons from the reality of fighting against and preventing crimes in general and offenses of producing and trading counterfeit goods in particular Crimes related to counterfeit goods are prescribed in 03 articles of law: Article 156, 157, 158 of the Criminal Code Compared with the regulations on offenses of counterfeiting and trading counterfeit goods in the Criminal Code of 1985, the provisions in the Criminal Code of 1999 have many more appropriate changes in meeting the requirements of the fighting against and preventing crimes of producing and trading counterfeit goods However, after more than 15 years of application, the provisions of the 1999 Criminal Code on offenses of producing and trading counterfeit goods had revealed many shortcomings, especially in the current market economy 3.2 Legal characteristics of crimes related to counterfeit goods under the Criminal Code 2015 in comparison with the Criminal Code 1999 * The object of crime According to the provisions of the Criminal Code 2015 (amended and supplemented in 2017), the group of counterfeit crimes are under Chapter XVIII: “Crimes of infringing upon economic management order” and belong to “Section 1: Crime in production, business and commercial sectors” Thus, when looking at the overall view, we find that the Criminal Code 1999 and the Criminal Code in 2015 have a similar definition respecting the object of counterfeiting crime Accordingly, the object of criminal offenses is social relations related to economic management order, state management order on production, circulation and distribution of goods and market management which are protected by criminal law and abused by 15 criminal acts In addition, crimes related to counterfeit goods are also harmful to social relations related to legitimate rights and interests of consumers, infringing on production and business activities of enterprises * Objective aspect of crime Although the group of counterfeiting crimes includes four articles, the objective aspect of this group, in general, includes two categories associated with different counterfeit objects, namely: producing counterfeit goods and trading counterfeit goods The offense is determined accordingly depending on each specific case the offender commits The consequence of the crime of producing and trading counterfeit goods is from the qualitative change of goods leading to damage to the customers, which is the relationship of goods quality management as well as consumer benefits, thereby causing damage for proper operation in cargo circulation Damage caused by the production and trading of counterfeit goods might be material and non-material harms to society such as health, human life, property damage to society and the reputation of the legal business producer, including the stability of the market * The subject of crime The Criminal Code 1999 does not consider legal entities to be one of the subjects of crime; therefore, in cases where legal entity commits acts of producing or trading counterfeit goods which satisfies the signs of crime prescribed in Article 156 of the Criminal Code, that legal entity is not the subject to criminal prosecution For the first time in the history of Vietnamese criminal law, the Criminal Code 2015 has issued regulations on criminal liability of legal entities * Subjective aspect of crime Subjective aspect of crime includes: errors, purposes, motives, in which errors are signs reflected in all criminal components For counterfeiting crimes, crimes are committed due to a direct intentional error Acts of manufacturing and selling counterfeit goods are derived from 16 profit motives, although the motive is not a mandatory sign of criminal construction The purpose of the offender is to take advantage of the commercial reputation of the owner, to deceive consumers in terms of product quality 3.3 Legal provisions of some countries in the world for counterfeiting crimes and experiences for Vietnam Crimes related to counterfeit goods are not only regulated in Vietnamese Criminal Code but also the laws of most countries in the world have provisions on these types of crimes * Counterfeiting crime in accordance with US criminal law In the US, counterfeit goods are particularly concerned by the Government and citizens American law does not provide a counterfeit product concept; instead, the law provides a concept of counterfeit trademarks or counterfeit military goods and services According to the federal law, Title 18, Section 2320 (a) United States Code (U.S Code) stipulates acts of willful trafficking in counterfeit goods, which is considered criminal The abovementioned regulation and related legal provisions have undergone many revisions since 2005 The Counterfeit Production Act, Public Law No 109-181 of Parliament and the Goods Protection Act, the 2005 US service (effective March 16, 2006) have expanded and clarified the definition of “trafficking” and supplemented the terms of criminalizing the trafficking of goods labeled or packaging branded counterfeit * Counterfeiting crime in accordance with French criminal law The provisions of the law on criminal liability for counterfeit goods are issued in the French Intellectual Property Code The definition of counterfeit goods is not codified in this country’s legal system; instead, the law only identifies specific violations, with acts of being considered criminals on counterfeit goods including: 17 - Importing, exporting, re-exporting or transporting infringing branded goods; - Industrial remanufacturing of infringing-branded goods, directing or ordering such acts for the purpose of trading, supplying, offering or lending infringing-branded goods; - Remanufacturing, forging, using, attaching, removing, changing a common trademark, collective trademark or certified trademark which is being protected * Counterfeiting crime in accordance with Chinese criminal law Pursuant to the Chinese Criminal Law 1997, the crime of producing and marketing counterfeit goods could also be prosecuted Accordingly, the act of producing and marketing counterfeit goods could be subject to administrative or criminal law, depending on the severity of the consequences caused to the society Administrative sanctions could be applied to acts of infringing upon intellectual property rights but not satisfying criminal elements It could be said that Chinese criminal law provisions on counterfeit goods are quite comprehensive and consistent with Article 61 of the TRIPs Agreement * Counterfeiting crime in accordance with British criminal law The main anti-counterfeiting law in the UK is regulated in trademark law and customs law The 1994 Trademark Act includes civil and criminal penalties for trademark infringement The European Community Trademark Regulation (207/2009) contains civil penalties for violating collective trademarks EU Customs Enforcement Regulation (608/2013) coming into effect in 2014 abolishes the previous EU Customs Regulation (1383/2003), allows Customs to arrest and destroy counterfeit goods However, it has a wider scope (for example, the trade name where they are protected under national law) and has also introduced a new procedure to monitor small shipments Nevertheless, the new regulation does not extend to parallel imports despite calls from some right holders to so 18 * Counterfeiting crime in accordance with German criminal law Article 143 MarkenG (German Trademark Act) lists the following acts as criminals: - Unauthorized use of signs identical or similar which causes confusion; - Unauthorized use of the mark for the purpose of exploiting or damaging the reputation of a trademark; - Illegal sale, marketing, storage, import or export of goods bearing identical or similar signs, causing confusion Generally, a prerequisite for determining an infringement or a crime is “being circulated”, according to Article 143 of the Trademark Act Sub-conclusion of Chapter The act of manufacturing and selling counterfeit goods has existed for a long time in history, in different forms, with laws in different periods also having different ways to tackle this type of criminal The study of legal signs of crimes related to counterfeiting in the Criminal Code 2015 again shows the overall picture of the development process of criminal law regulating production and trading behavior concerning counterfeit goods The contents studied in Chapter of the thesis are an important basis to assess the practical application of the Criminal Code respecting trying counterfeiting crimes, thereby finding the preeminent points as well as limited ones in these regulations This is the content that will continue to be implemented in Chapter of the thesis 19 CHAPTER APPROPRIATE APPLICATION MEASURES FOR CRIMES ON COUNTERFEIT GOODS 4.1 Practice concerning applying criminal law provisions to counterfeiting crimes 4.1.1 The situation of trying counterfeiting crimes Based on the trial data on crimes related to counterfeit goods (Article 156, Article 157, Article 158 of the Criminal Code 1999) throughout the country from 2007 to 2018, some conclusions about the situation could be drawn The proportion of criminals on counterfeit goods accounted for a very low percentage of the total number of criminal law violations nationwide from 2007 to 2018 in both cases and number of defendants, averaging only about 0.1 % to 0.15% The number of trial cases for offenses of producing and trading counterfeit goods of the years compared to 2007 tends to increase; however, the number of defendants brought to trial has fluctuated The number of such cases brought to trial accounted for 32%, with the number of defendants accounting for 29.5% of the total number of cases and the number of defendants of counterfeiting crimes in 11 years In some years, the number of cases brought to trial accounted for only 8% of the total number of cases in that year (as in 2007), while there were also times when counterfeiting cases accounted for more than 50% of the total number of cases (as in 2013, 2015) The number of cases brought to trial has been increasing gradually from 2007 to now, especially from 2013 to 2015, with the last years keeping stable This trend is also quite similar to the number of defendants brought to trial concerning such type of crime 4.1.2 Practice respecting determining criminal charges against counterfeit goods When studying 100 judgments related to the crime of producing and trading counterfeit goods across the country from 2007 to 2018, the author 20 found the majority of the procedural authorities, especially the People’s Court, has applied the appropriate provisions of law when determining criminal charges Most cases with appeals or protests are due to the Procuracy or the accused asking to reduce the punishment However, regarding the determination of counterfeiting crimes, the author found some problems as follows: - Misidentifying the objective aspect of crime in some cases; - Being wrong to quantify the value of counterfeit goods; - Misidentification and confusion with some other criminals; - Mistakes in identifying counterfeit and shoddy goods 4.1.3 Practice of deciding punishment for counterfeiting crimes * The situation of deciding punishment for counterfeiting crimes From 2007 to 2018, there were 1284 defendants nationwide to be tried on counterfeiting crimes The main punishment for counterfeiting crimes, according to the provisions of the Criminal Code 1999, could be a fine (Article 158) but mainly imprisonment, even for acts of producing and trading counterfeit goods as produce, food, medicine (Article 157), with the highest punishment applicable to offenders being life imprisonment or death sentence Notably, the non-custodial reform is not regulated as the main sentence in the 1999 Criminal Code for crimes related to counterfeit goods, but from 2007 to 2017, there were still defendants (accounting for 0.44%) to apply this sentence The explanation for this could only be the case applying Article 47 of the Criminal Code 1999 - deciding the sentence less than the provisions of the Code When the sentence frame applied follows the frame stated in Section of Articles 156, 157, 158, the Court could switch to another lighter sentence The common sentence applicable to counterfeiting crimes is 3-year imprisonment or less (968 defendants, accounting for 84.6% of the total of defendants) Notably, the rate of accused who was subject to conditional sentence exemption - suspended sentence accounted for a relatively high rate (43.97%) Other imprisonment 21 sentence accounted for a more limited percentage, and a 15-year to 20-year imprisonment was only applicable to two defendants In particular, no accused has been sentenced to life imprisonment or death sentence 4.1.4 Some practical issues posed when deciding sentence for counterfeiting crimes When studying 100 judgments across the country from 2007 up to now, the researcher found that, basically, the determination of the sentence frame for counterfeiting crimes has been quite accurate However, the sentence-deciding process still has some shortcomings: - Not being uniform in determining sentence frame; - Not yet agreeing upon when deciding sentences for offenders; - Mistakes in some cases of deciding sentences lighter than the provisions of the Criminal Code 4.1.5 Causes of limitations and obstacles in applying regulations on counterfeiting crimes It can be seen that the application of legal provisions on counterfeiting crimes in determining criminal charges and deciding sentences has achieved certain results, demonstrating the role of criminal law in fighting against and preventing crimes in particular and maintaining social order in general However, there are still some limitations and obstacles in applying law; thus, determining the causes will make the application of criminal law provisions on counterfeiting crimes more accurate and effective Through research, the cause comes from two sources: from the provisions of criminal law (there is no clear concept of counterfeit goods; the content of aggravating circumstances has not been clearly explained…) and some other causes (perceptions of the law appliers…) 4.2 Measures to ensure proper application of criminal law provisions on counterfeiting crimes 22 4.2.1 Requirements and directions for solutions to improve the effectiveness of the application of criminal law provisions on counterfeiting crimes The improvement of the criminal law as well as measures to improve the effectiveness of criminal law provisions on counterfeiting crimes in order to meet the following requirements: - Requirements of socio-economic development; - Criminal policy requirements for counterfeiting crimes 4.2.2 Measures to ensure proper application of criminal law provisions on counterfeiting crimes Based on the study of current legal regulations as well as the practical application of the provisions on counterfeiting crimes, thereby analyzing the causes of difficulties and obstacles in practical application of law, the author offers a number of measures to contribute to ensuring the appropriate application of the law concerning this group of crimes 4.2.2.1 Solutions to improve criminal law First, the concept of counterfeit goods should be given; counterfeit goods are produce, food, additives; counterfeit goods are medicines; counterfeit goods are animal food, fertilizers, veterinary drugs, plant protection drugs, plant varieties and animal breeds Second, the concept of producing and trading counterfeit goods should be given Third, an explanation of some of the facts of offenses and new aggravation frameworks is needed in the Criminal Code 2015 Fourth, there needs to be guidance in cases where there are many offenses, or the aggravation framework belongs to different sentences Fifth, guide on prosecuting criminal liability of commercial legal entities should be given 4.2.2.2 Other solutions - Summary of practical application of criminal law; 23 - Improving the capacity of people applying criminal law; - Improving propaganda, dissemination and legal education Sub-conclusion of Chapter In this chapter, the author has focused on analyzing the practical application of law on counterfeiting crimes By analyzing data from 11-year trial practice from 2007 to 2017, the author has pointed out the trend as well as the status of trial on counterfeiting crimes in general and each specific crime Based on the above studies, the author makes recommendations to improve the legal provisions and measures to ensure proper and more effective application of criminal law 24 CONCLUSION The act of producing and trading counterfeit goods increasingly shows its danger The act of manufacturing and trading counterfeit goods has existed for a long time Studies on the history of the development of Vietnamese criminal law provisions on counterfeiting crimes have shown that the fight against counterfeit goods started a long time ago, and so far, has been continuing to be done The thesis points out and analyzes the process of construction and development of criminal provisions on crimes related to counterfeit goods in different stages from 1945 until now In general, the rules have been developed with changes in accordance with the political and economic characteristics of each period The fight against counterfeit goods is not only in Vietnam, but also most countries in the world face this problem In the scope of the thesis, the author has studied the theoretical issues about the group of counterfeiting criminals as well as studied some judgments on this group of crimes to assess the practical application of the law On that basis, the thesis has made a number of recommendations to ensure proper application of criminal law in practice 25 LIST OF SCIENCE WORKS DISCLOSED RELATED TO THE THESIS Le Dang Doanh, Pham Tai Tue (2018), Practice of handling offenses of production and trading counterfeit goods and proposals, Journal of People’s Courts, No 2, p 24-29 Pham Tai Tue (2018), Provisions on offenses of producing and trading counterfeit goods in the Criminal Code 2015, Journal of Education and Social Affairs, special issue in August, p 232-238 Pham Tai Tue (2018), Measures to prevent and combat acts of producing and trading counterfeit goods according to the provisions of American law, Journal of Education and Social Affairs, special issue in August, p 259-263 ... - Research area: all over Vietnam 3.2 Object of the study - The thesis studies crimes related to counterfeit goods according to Vietnam's criminal law - From a theoretical perspective: the thesis... Vietnamese law on crimes related to counterfeit goods 3.1.1 Overview of the history of development of Vietnam's criminal law provisions on crimes related to counterfeit goods Researching Vietnam's... comprehensive way for counterfeiting crimes according to Vietnam's criminal law Besides, the thesis desires to contribute to improving theoretical issues for criminals about counterfeit goods 2.2