Checklist for Handling Counterfeit and Brand-Infringing Goods Discovered in Vietnam

This counterfeit goods checklist Vietnam is for trademark owners, FDI enterprises and authorised distributors doing business in Vietnam. When you discover products counterfeiting or infringing your trademark circulating on the market, your response in the first 24 to 72 hours largely determines your ability to gather evidence and force the infringer to stop. Acting in the wrong order — for example filing a complaint before you have evidence, or warning publicly before a conclusion on the infringing element is reached — can let the other side dissipate the goods while exposing you to legal risks of your own. The twelve steps below follow the order a case should take: from verifying your own rights, collecting evidence and choosing the handling track, to post-handling follow-up.

1. Who this checklist is for and how to use it
2. The detailed checklist
3. Common mistakes when doing this checklist yourself
4. After completing the checklist
5. Frequently asked questions
Language versions
References

1. Who this checklist is for and how to use it

This checklist is for trademark owners (domestic enterprises, FDI enterprises, foreign trademark owners authorising a representative in Vietnam), authorised distributors and in-house legal teams facing counterfeit or brand-infringing goods. Use it the moment you detect signs of infringement — an online store selling products bearing your logo at abnormally low prices, a distributor reporting lookalike goods flooding your distribution channel, or a shipment that customs suspects.

How to mark each item: ☐ not done, ☑ done, ⚠ consult a lawyer before deciding. The principle throughout: evidence first, action second. Every handling track — administrative, civil, criminal — starts from the same question the competent authority will ask: what do you have to prove your rights and the other party's infringing acts?

2. The detailed checklist

Item 1: Verify that your protection title is still valid and covers the right scope ☐

What to do: Check your certificate of trademark registration: whether it is still within the protection term, for which classes of goods and services the trademark is protected, and whether the owner named on the certificate is indeed your enterprise.
Why: Clause 1 of Article 129 of the Intellectual Property Law (Luật Sở hữu trí tuệ) treats as infringement only acts of using signs identical or similar to a protected trademark for goods or services within the registered scope. An expired title, or infringing goods falling outside the registered classes, will not support a complaint — the competent authority is likely to return the file at the intake stage.
How: Search the database of the Intellectual Property Office of Vietnam (Cục Sở hữu trí tuệ); compare the trademark specimen and the list of goods in the certificate against the suspected infringing products. If the title is about to expire, prioritise renewal immediately — renewal can be carried out before expiry.
Note: Many FDI enterprises have registered their trademarks abroad but not in Vietnam. Rights in an ordinary trademark arise only in the territory of the country of registration (except well-known trademarks, which are protected regardless of registration). Without a Vietnamese registration, you must take a different approach — the trademark-infringement track is not available.

Item 2: Classify correctly: trademark-counterfeiting goods or confusing lookalikes ☐

What to do: Compare the infringing products with your genuine products and determine which group they fall into: (a) bearing a sign identical to the protected trademark for identical goods — these are trademark-counterfeiting goods; or (b) bearing a similar sign that merely causes confusion as to the origin of the goods — these are lookalike goods.
Why: Both groups are infringing acts under Clause 1 of Article 129, but the effective handling tracks differ. Trademark-counterfeiting goods may at the same time be treated as counterfeit goods under Decree 98/2020/ND-CP with its own penalty frame; confusing lookalikes usually go through the administrative-penalty track for industrial property under Decree 99/2013/ND-CP. Misclassification leads to filing with the wrong authority on the wrong legal basis, wasting time redoing the work.
How: Prepare a side-by-side comparison table: close-up photos of the logo, packaging and product quality of the genuine product placed next to the infringing product; note clearly the points of identity and the points of difference. This table will later be reused for the complaint and the assessment dossier.
Note: Do not jump to a gut conclusion such as "you can tell it's fake at a glance". The handling authority needs objective grounds on the infringing element, not the trademark owner's subjective impression. The more detailed the comparison table, the stronger the dossier.

Item 3: Collect and preserve evidence within 24 to 72 hours ☐

What to do: Buy samples of the infringing goods as an ordinary customer, obtain full invoices and payment documents; photograph and film the entire purchase process; seal the samples, noting the date, time and place of purchase; for goods sold online, save the entire store page, links, screenshots showing the time, and chat history with the seller.
Why: Every handling track — administrative, civil, criminal — requires evidence proving the infringing act, its scale and the value of the infringing goods. Counterfeit and lookalike goods are dissipated very quickly once the infringer senses activity. Evidence collected late is usually incomplete, weak and irrecoverable.
How: Assign one or two trusted staff to carry out the sample purchases, avoiding disclosure of the trademark owner's identity. Consider having a bailiff (Thừa phát lại) draw up an attested record for online transactions or online infringing acts so the evidence retains long-term usability. Store the samples and original files in a safe place, and back up electronic data to at least two locations.
Note: Never break into the infringer's warehouse or workshop yourself to "collect evidence" — that act itself violates the law, and illegally collected evidence cannot be used. Inspection and seizure are the competence of state authorities once the case has been accepted.

Item 4: Compare the infringing element against Clause 1 of Article 129 of the Intellectual Property Law ☐

What to do: Based on the comparison table in Item 2, assess systematically whether the infringing sign meets the grounds for determining an intellectual property infringement element: whether the sign is identical or similar to the protected trademark, whether the infringing goods are identical, similar or related to the goods within the protection scope, and whether there is a likelihood of confusion as to the origin of the goods.
Why: Clause 1 of Article 129 of the Intellectual Property Law (Luật Sở hữu trí tuệ) lists the acts infringing trademark rights — this is the legal basis for determining the infringing element. When accepting a complaint, the competent authority must answer this question before deciding on handling. Having a comparison prepared following the exact logic of the article helps the complaint be accepted quickly and increases the chance of a penalty decision.
How: Prepare your own detailed comparison first; for high-value cases or complex signs, consider requesting an intellectual property assessment at a competent assessment organisation — an assessment conclusion carries high evidentiary weight when working with state authorities and before the Court.
Note: An assessment conclusion costs money and time, so weigh it against the scale of the case. For clear-cut, small-scale infringements, a detailed comparison table with samples is usually enough for the market surveillance authority to issue a decision.

Item 5: Verify the infringer's identity, address and scale ☐

What to do: Identify who the infringer is: an individual, a business household or an enterprise; look up the tax code, head-office address, warehouses and production workshops; record the distribution channels (shops, e-commerce platforms, social networks); estimate the quantity and value of the infringing goods in circulation.
Why: A complaint or denunciation must name the correct infringing party for the state authority to accept and inspect. More importantly, the scale of infringement determines the handling track: infringing goods on a commercial scale or reaching certain value thresholds is the condition for considering criminal liability under Article 226 of the Penal Code.
How: Look up enterprise information on the National Business Registration Portal; for online sellers, save account information, phone numbers and delivery addresses shown on orders; estimate value based on the listed selling price multiplied by the quantity sold (the number of units sold shown on the platform is a useful reference).
Note: Many counterfeit-goods rings operate as small business households or anonymous online accounts to evade detection. The earlier you collect identifying information, the less likely you are to face the situation of "knowing there is infringement but not knowing whom to sue".

Item 6: Send a cease-and-desist demand to the infringer where appropriate ☐

What to do: Draft a written demand requiring the infringer to cease the infringing acts, remove and delete the infringing content in the online environment, apologise, make public corrections and compensate for damage — sent by post with acknowledgement of receipt or by email with a paper trail.
Why: This is one of the self-protection measures that Article 198 of the Intellectual Property Law (Luật Sở hữu trí tuệ) grants to right holders: requiring organisations and individuals committing infringing acts to cease the acts, remove infringing content on telecommunications networks and the Internet, apologise, make public corrections and compensate for damage. For small-scale infringements, a serious letter through a lawyer is sometimes enough to make the infringer stop, saving considerable time and cost compared with the administrative or litigation route.
How: The letter should be drafted or reviewed by a lawyer: state clearly the protection title, the specific infringing acts, the specific demands and the deadline for compliance (usually 7 to 15 days), with a warning that the matter will be transferred to the competent state authority if not complied with. Keep all evidence of sending and receipt.
Note: Do not use threatening or defamatory language or demand excessive money — a letter below standard may be used against you by the other side. For large-scale counterfeiting, or counterfeit medicines, food or cosmetics affecting health, do not spend time on this step; go straight to the administrative or criminal track.

Item 7: File an administrative complaint with Market Surveillance or the Intellectual Property Office ☐

What to do: Prepare a request for handling the intellectual property infringing act, enclosing: a copy of the protection title, the infringing samples and genuine goods for comparison, sample-purchase evidence, the comparison of the infringing element (and the assessment conclusion if any), and the infringer's identifying information. File with the Market Surveillance Team where the infringing act was discovered, or with the Intellectual Property Office of Vietnam (Cục Sở hữu trí tuệ) (the Director General of the Intellectual Property Office may impose fines of up to VND 250 million in the industrial property field under Decree 186/2026/ND-CP).
Why: Article 200 of the Intellectual Property Law (Luật Sở hữu trí tuệ) (as amended by Law 131/2025/QH15) provides that the handling of acts infringing intellectual property rights falls within the competence of the Courts and persons competent to impose administrative penalties. Under Decree 186/2026/ND-CP, the penalising subjects in the industrial property field include the Director General of the Intellectual Property Office, the Market Surveillance forces, Customs, the Public Security, chairpersons of commune-level People's Committees, chairpersons of provincial People's Committees, Directors of Departments of Science and Technology and specialised inspection teams — the science-and-technology inspectorate is no longer an independent penalising subject. The administrative track is the most common choice because it is fast, low-cost, and the authority has the power of surprise inspection and seizure of exhibits — which the trademark owner cannot do itself.
How: File in person and obtain a receipt, or send by post with acknowledgement of receipt. In the complaint, describe clearly the infringing acts, the legal basis (Clause 1 of Article 129 of the Intellectual Property Law) and request the application of handling measures. Stay in contact with the officer in charge to supplement documents when requested.
Note: Never tip off the infringer that you have filed a complaint — the authority needs the element of surprise during inspection to seize the exhibits. Administrative fines under Article 11 of Decree 99/2013/ND-CP are determined according to the value of the infringing goods, from a warning or a fine of VND 500,000 to VND 2 million up to VND 250 million, together with mandatory removal of the infringing element, destruction of exhibits and remittance of unlawful profits.

Item 8: Denounce manufacturing and trading of counterfeit goods under Decree 98/2020/ND-CP ☐

What to do: Where the infringing products qualify as counterfeit goods as defined in Article 8 of Decree 98/2020/ND-CP — for example goods counterfeiting goods labels or packaging; counterfeit stamps, labels or packaging of goods — then, in parallel with the intellectual-property-infringement track, file a denunciation of manufacturing and trading counterfeit goods with the Market Surveillance authority or the Public Security.
Why: Trademark-counterfeiting goods are often at the same time counterfeit goods under trade law, and the counterfeit-goods track has its own very strong sanction frame: the maximum fine in the field of manufacturing and trading counterfeit and banned goods is VND 200 million for individuals and VND 400 million for organisations, together with confiscation of exhibits, revocation of licences and practice certificates, mandatory destruction of counterfeit goods and remittance of unlawful profits. Pursuing both tracks covers the full nature of the infringement.
How: The denunciation should state clearly the acts, the places of manufacturing, trading and storage of counterfeit goods (if known), enclosing the evidence collected in Item 3. Denunciations may be made through the hotline of the local Market Surveillance force.
Note: Distinguish clearly between counterfeit goods and substandard goods or genuine goods sold through unofficial channels. Denouncing the wrong nature of the infringement makes the authority spend time re-verifying and reduces the credibility of your future denunciations.

Item 9: Handle lookalike and counterfeit goods on e-commerce platforms and social networks ☐

What to do: As soon as an infringing storefront is discovered: (1) preserve all evidence — screenshots of the storefront, product pages, prices, units sold, seller information, links, showing the date and time; (2) buy samples through the platform so the order serves as evidence; (3) file a complaint through the platform's infringement-handling mechanism, requesting removal of the infringing products and storefront; (4) at the same time carry out Item 6 — requesting removal of infringing content in the online environment under the self-protection right in Article 198.
Why: The 2022 amendments to the Intellectual Property Law added clearly the right to request removal and deletion of infringing content in the telecommunications and Internet environment to the group of self-protection measures of right holders (Article 198). Online channels are where counterfeit and lookalike goods spread fastest today, and one day of delay means hundreds more infringing orders shipped out.
How: Each major e-commerce platform has a portal for intellectual-property infringement complaints — prepare in advance the protection-title file, comparison photos and a declaration of ownership in the platform's form. For social networks, use each platform's copyright and trademark violation reporting tools.
Note: Platforms only remove infringing content; they have no power to impose penalties — to have fines imposed and goods confiscated, you must still go through the market surveillance authority (Items 7 and 8). And an important note: capture and save evidence before filing the complaint, because the infringer usually deletes the storefront as soon as it receives the platform's warning.

Item 10: File a civil lawsuit claiming damages where the damage is substantial ☐

What to do: Where the estimated damage is significant — declining sales, costs of stopping the infringement, harm to brand reputation — prepare a lawsuit to the Court requesting: an order to cease the infringing acts, an order to apologise and make public corrections, and compensation for damage.
Why: Article 199 of the Intellectual Property Law (Luật Sở hữu trí tuệ) provides that infringing acts may be handled by civil, administrative or criminal measures depending on their nature and seriousness. The civil measure is the only track that lets the trademark owner recover monetary compensation for its damage: Article 202 provides the civil measures the Court applies, including orders to cease infringing acts, to apologise, to make public corrections and to compensate for damage; Articles 204 and 205 provide the principles for determining damage and the bases for determining the compensation level, including material damage and reasonable costs of preventing and remedying.
How: Gather full evidence of the damage: sales reports before and after the counterfeit goods appeared, sample-purchase costs, assessment costs, lawyers' fees. Consider requesting the Court to apply provisional urgent measures to stop the ongoing infringement during the proceedings (Article 206).
Note: Civil lawsuits take time and cost money, and require proof of actual damage — not every case is suitable. For small-scale infringements, the administrative track (Item 7) is usually more effective in cost-to-result ratio. The decision whether to sue should have a lawyer's opinion after the evidence-collection items are complete.

Item 11: Assess criminal signs and transfer the dossier when thresholds are met ☐

What to do: Compare the scale of the case against the thresholds in Article 226 of the 2015 Penal Code (as amended in 2017): intentional infringement of industrial property rights in a trademark protected in Vietnam, where the objects are trademark-counterfeiting goods on a commercial scale, or illicit profits are from VND 100 million to under VND 300 million, or damage to the trademark owner is from VND 200 million to under VND 500 million, or the infringing goods are worth from VND 200 million to under VND 500 million.
Why: Once these thresholds are reached, the case no longer stops at administrative penalties but may be subject to criminal prosecution for the crime of infringing industrial property rights: a fine from VND 50 million to VND 500 million or non-custodial reform for up to 3 years; where committed by an organisation, committed twice or more, with illicit profits from VND 300 million or damage from VND 500 million, the penalty is a fine of up to VND 1 billion or imprisonment from 6 months to 3 years. Criminal deterrence is the strongest tool against organised counterfeit-manufacturing rings.
How: When the case is estimated to approach or exceed the thresholds, transfer the entire dossier to the Public Security authority rather than stopping at an administrative complaint. Cooperate in providing evidence, samples and assessment conclusions as requested by the investigating authority.
Note: The elements of "intent" and "commercial scale" must be proven by evidence, not presumed. Do not conclude in your filings that the case "meets the criminal elements" on your own — present the facts and figures and let the proceeding-conducting authority assess. Misjudging the thresholds and making a baseless denunciation can cause unnecessary trouble.

Item 12: Post-handling follow-up, anti-recurrence and case-file archiving ☐

What to do: After a penalty decision or judgment is issued: check the market periodically for recurrence by the infringer; archive the entire case file — petitions, working minutes, penalty decisions, expense invoices — as one closed dossier; review and extend trademark registrations to related classes of goods and services to widen the protection scope.
Why: Recurrence is an aggravating circumstance in administrative penalties and an aggravating frame circumstance in criminal liability (committing the offence twice or more under Article 226). A fully archived old case file is the basis for handling the next case faster and more severely. Many trademark owners win one case then let their guard down, letting the infringer rename the storefront and return after a few months.
How: Assign staff or a market-monitoring unit to check periodically (monthly or quarterly, depending on whether the industry is high-risk); set up trademark keyword alerts on e-commerce platforms; review newly filed trademark applications with similar signs once a quarter to oppose in time.
Note: Do not treat counterfeit-goods handling as a one-off project. Brand protection is ongoing work — the cost of periodic monitoring is always cheaper than the cost of handling an infringement that has already spread widely.

3. Common mistakes when doing this checklist yourself

Mistake 1: Posting accusations against the infringer on social networks before a conclusion from the competent authority. A double consequence: the infringer promptly dissipates the goods and deletes the storefront; and your own enterprise risks being counter-sued for providing false information and harming reputation. The fix: keep the case confidential, discussing only with your lawyer and the competent authority until an official handling decision is issued.

Mistake 2: Filing a complaint when the protection title has expired or the infringing goods fall outside the registered classes. The complaint is returned, time is lost, while the counterfeit goods keep circulating. The fix: always carry out Item 1 before any other action; if the title is about to expire, renew it immediately.

Mistake 3: Only photographing the counterfeit goods without buying samples with invoices and documents. Photographs do not prove the origin, selling price and scale of the infringement — the factors determining the penalty frame and the criminal thresholds. The fix: buy samples as an ordinary customer, keeping full invoices, orders and transaction history.

Mistake 4: Confusing genuine goods sold through unofficial channels (parallel imports, hand-carried goods) with counterfeit goods. Genuine goods manufactured by the trademark owner or an authorised party, even if imported through unofficial channels, are not trademark-counterfeiting goods. Targeting the wrong party causes unnecessary disputes with genuine distributors and harms your own brand's credibility. The fix: distinguish clearly in Item 2 — verify the manufacturing origin before concluding.

Mistake 5: Pursuing only one handling track. Many enterprises only file an administrative complaint and stop, foregoing the right to claim civil damages; or conversely, file a costly civil lawsuit when a small case only needs an administrative penalty decision to deter. The fix: assess the scale of the case in Item 5, then combine tracks — administrative to stop the infringement quickly, civil to claim damages where damage is substantial, criminal where thresholds are met.

4. After completing the checklist

When all 12 items have been marked ☑, the enterprise holds a complete dossier: the intellectual property rights verified, the infringing acts correctly classified, the evidence fully preserved, the appropriate handling track chosen, and the post-handling monitoring mechanism running. From here, the case moves to the enforcement stage — working with the market surveillance authority, the investigating authority or the Court — from the position of a party holding full legal grounds.

Remember that this checklist is an initial action tool, not a substitute for legal advice on each specific case. The items marked ⚠ during implementation — especially those relating to assessing criminal thresholds, filing civil lawsuits and handling online infringements — should be carefully reviewed by a lawyer before the enterprise signs any outgoing document.

If your business has just discovered counterfeit or brand-infringing goods and is unsure where to start, contact FLAT Law Firm on hotline 0988424851 for advice on the appropriate handling plan — from evidence collection and complaint drafting to accompanying you throughout the process with the competent state authorities.

5. Frequently asked questions

We have discovered counterfeit goods bearing our trademark. What should we do first?

The first thing is to collect and preserve evidence: buy samples of the infringing goods as an ordinary customer, obtain full invoices and documents, photograph and film the purchase process, and seal the samples. The legal basis: every handling track under Article 199 of the Intellectual Property Law (Luật Sở hữu trí tuệ) — civil, administrative, criminal — requires evidence proving the infringing acts and the scale of infringement. In practice, counterfeit goods are dissipated very quickly once the infringer senses activity, so the first 24 to 72 hours are the golden window. Never break into the infringer's warehouse or workshop yourself to collect evidence — inspection and seizure are the competence of state authorities.

Which authority handles complaints about trademark infringement and counterfeit goods trading?

Under Article 200 of the Intellectual Property Law (Luật Sở hữu trí tuệ) (as amended by Law 131/2025/QH15), acts infringing intellectual property rights are handled by the Courts and persons competent to impose administrative penalties; in the industrial property field, these are the Director General of the Intellectual Property Office of Vietnam (Cục Sở hữu trí tuệ), the Market Surveillance forces, Customs, the Public Security, chairpersons of commune-level People's Committees, chairpersons of provincial People's Committees, Directors of Departments of Science and Technology, and specialised inspection teams (Article 15 of Decree 99/2013/ND-CP, as amended by Decree 186/2026/ND-CP). In practice, trademark owners usually file with the Market Surveillance Team where the infringing act was discovered, because this force has the power of surprise inspection and seizure of exhibits. The dossier should include: a copy of the still-valid protection title, infringing samples and genuine goods for comparison, sample-purchase evidence, and the infringer's identifying information. If the case shows criminal signs, transfer the dossier to the Public Security authority.

What are the administrative fines for trademark infringement and counterfeit goods trading?

There are two parallel penalty frames depending on the nature of the infringement. Under Article 11 of Decree 99/2013/ND-CP (as amended by Decree 126/2021/ND-CP), acts infringing trademark rights are fined according to the value of the infringing goods, from a warning or a fine of VND 500,000 to VND 2 million up to VND 250 million, together with mandatory removal of the infringing element, destruction of exhibits and remittance of unlawful profits. For manufacturing and trading counterfeit goods under Decree 98/2020/ND-CP, the maximum fine is VND 200 million for individuals and VND 400 million for organisations, together with confiscation of exhibits and mandatory destruction of the counterfeit goods. The specific fine in each case is decided by the competent authority based on the actual value of the infringing goods.

When is trademark infringement handled criminally?

Under Article 226 of the 2015 Penal Code (as amended in 2017), a person who intentionally infringes industrial property rights in a trademark protected in Vietnam where the objects are trademark-counterfeiting goods on a commercial scale, or illicit profits are from VND 100 million to under VND 300 million, or damage to the trademark owner is from VND 200 million to under VND 500 million, or the infringing goods are worth from VND 200 million to under VND 500 million, is subject to a fine from VND 50 million to VND 500 million or non-custodial reform for up to 3 years. Where committed by an organisation, committed twice or more, with illicit profits from VND 300 million or damage from VND 500 million, the penalty is a fine of up to VND 1 billion or imprisonment from 6 months to 3 years. The elements of intent and commercial scale must be proven by specific evidence.

How do we handle brand-infringing goods sold on e-commerce platforms?

The 2022 amendments to the Intellectual Property Law clearly recognise the right to request removal and deletion of infringing content in the telecommunications and Internet environment within the group of self-protection measures of right holders (Article 198). On procedure: first, preserve all evidence of the infringing storefront — screenshots, links, prices, units sold, seller information — because the infringer usually erases traces as soon as it is warned; then file a complaint through the platform's intellectual-property infringement-handling mechanism to request removal of the products and storefront. Two points to note: platforms only remove content and have no power to impose penalties — to have fines imposed and goods confiscated, a complaint must be filed with the market surveillance authority; and the detailed complaint procedure depends on each platform's regulations, so check directly on the relevant platform.

Language versions

References

Intellectual Property Law (Luật Sở hữu trí tuệ 2005) (Law No. 50/2005/QH11), amended and supplemented in 2009, 2019, 2022 (Law No. 07/2022/QH15, effective 01/01/2023) and 2025 (Law No. 131/2025/QH15, effective 01/4/2026; Consolidated Document No. 67/VBHN-VPQH dated 23/3/2026).
Decree on administrative penalties in the industrial property field (Nghị định 99/2013/ND-CP), amended and supplemented by Decree 126/2021/ND-CP, Decree 46/2024/ND-CP (effective 01/7/2024) and Decree 186/2026/ND-CP (effective 15/7/2026).
Decree on administrative penalties in trading, manufacturing and trading counterfeit and banned goods, and consumer protection (Nghị định 98/2020/ND-CP), amended and supplemented by Decree 17/2022/ND-CP.
Penal Code (Bộ luật Hình sự 2015) (Law No. 100/2015/QH13), amended and supplemented in 2017.
Law on Protection of Consumers' Rights (Luật Bảo vệ quyền lợi người tiêu dùng 2023) (Law No. 19/2023/QH15, effective 01/7/2024).