Directive No. 13/CT-TTg dated May 17, 2025 on intensifying the prevention of smuggling, commercial fraud and counterfeiting goods in the new situation

DIRECTIVE

ON INTENSIFYING THE PREVENTION OF SMUGGLING, COMMERCIAL FRAUD AND COUNTERFEITING GOODS IN THE NEW SITUATION

In recent times, all ministries, central authorities, local authorities, and law enforcers have made significant efforts and achieved important results in combating smuggling, commercial fraud, counterfeit goods, and intellectual property infringement. However, the situation of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement is becoming more complex with a larger scale involving a greater number of perpetrators, which negatively impacts production and business activities, and health and trust of the people. This has caused confusion and anxiety for the public affecting social order and safety and the sustainable development of the country.

I. SITUATION AND CAUSES:

1. The leadership and direction of central and local authorities have not been resolute, precise, specific, and practical. Meanwhile, the situation is becoming more complex with new issues arising in different regions, areas, and on the Internet. The perpetrators of smuggling, producing and trading of counterfeit goods, and commercial fraud are becoming more dynamic and sophisticated. The supervision, consultation, reporting, and provision of proposals from ministries and central authorities are not timely, sensitive, and in conformity with the actual developments.

2. The state management of some authorities and local authorities is still limited, weak, and lax, especially in licensing activities related to food testing and food production. The awareness of responsibility of some leaders of Communist Party of Vietnam (hereinafter referred to as “CPV”) committees at all levels, local government and law enforcers are limited. There are instances of avoidance and shifting of responsibility when violations occur. In some cases, there is complicity and protection of perpetrators, and negative practices in the inspection and control of testing activities.

3. The institutional framework and laws regarding the handling of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement are not comprehensive, outdated, overlapping, and contain loopholes that do not meet the current situation. Perpetrators have taken advantage of regulations allowing companies to self-declare and take responsibility for quality for illegal gain; collaborate with celebrities, doctors, and nutrition experts to promote, advertise, and exaggerate the quality and efficacy of counterfeit products.

4. The organization and delineation of functions and tasks in state management are overlapping and incomplete. The inspection and supervision work is not regular, thorough, comprehensive, and perfunctory. The cooperation, exchange, and sharing of information and databases between authorities and law enforcers are not efficient and smooth.

5. The dissemination of information is not sufficient which makes impossible for the people to grasp all deceptive and sophisticated tactics of perpetrators. The mobilization of the people's strength is not effective. The nationwide movement in prevention of smuggling, commercial fraud, counterfeiting goods, intellectual property infringement, and violations of the origin of goods is not successfully initiated.

II. OBJECTIVES AND VIEWPOINTS:

1. Objectives:

Combat, prevent, push back, and put an end to the situation of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement to protect the legitimate rights and interests of the people and enterprises, protect the security and safety of the people, and contribute to serving the rapid and sustainable development of the country.

2. Viewpoints:

- Prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement is a very important and long-term task. It requires the resolute engagement of the entire political system, leaders of CPV committees at all levels, local authorities, the Vietnam Fatherland Front, the enterprise community, and the people. Mobilize the strength of the people as the center and the subject of development. The people shall be at the center of protection and participants in the prevention against these crimes. It is essential to mobilize the strength of the people to create a movement against smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

- The political organizations at the grassroots level play a decisive role. The local government is the backbone in organizing and implementing tasks to prevent smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

- The recognition of tasks for protection of the health, rights, and legitimate interests of the people and consumers shall be prioritized.

- The state management at all levels of central authorities and local authorities is intensified to improve the country's reputation and international competitiveness; build an independent, self-reliant, and proactive economy; actively integrate deeply and effectively into the international community.

- This task shall be carried out regularly, comprehensively and continuously with the spirit of "make an example of a violation”, “no exception”.

- The efficiency of prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement shall be intensified and linked to the process of restructuring administrative units at all levels in order to improve management capacity, delineate responsibilities, functions, and tasks to avoid overlaps, omissions, and gaps in state management.

- Ministries, central authorities and local authorities shall actively review and develop mechanisms, policies, and legislative documents; provide guidelines, conduct inspections, and urge for achievement of the goal of preventing, pushing back, and ending the situation of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

III. TASKS AND SOLUTIONS:

1. Request the Central Committee of the Vietnam Fatherland Front and members to closely cooperate with ministries, central authorities and local authorities to mobilize members and the people to build a nationwide movement in prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

2. Request the CPV Secretaries of provinces and central-affiliated cities to lead and direct the CPV committees at all levels and the local political government to actively participate in prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

3. Request the close cooperation in inspection and supervision of the CPV, authorities, elected delegates, the Vietnam Fatherland Front and members, press and communication agencies, and the people to promptly discover, rectify, correct and address limitations and shortcomings; strictly handle officials, officers who have irresponsible behavior, lax leadership, direction, and management, and violates regulations on prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

4. Request ministries, central authorities and local authorities to launch a high-intensity campaign to prevent and push back against smuggling, commercial fraud, counterfeit goods, and intellectual property infringement nationwide from May 15, 2025 to June 15, 2025. An evaluation and review will be conducted afterwards.

The Prime Minister shall establish a task force led by the Deputy Prime Minister Bui Thanh Son – The head of the 389 National Steering Committee.

Assign the Presidents of People's Committees of provinces and central-affiliated cities to establish local task forces led by the Presidents of People's Committees of provinces and central-affiliated cities including appropriate members to urgently deploy a synchronized and resolute effort to effectively implement the high-intensity campaign.

5. The Ministry of Home Affairs shall take charge and cooperate with relevant authorities to comprehensively review the functions and tasks of each ministry, central authority, and law enforcer; clearly define responsibilities, regions, and areas of each authority and unit; ensure no overlap and neglect of tasks, no loopholes, and no loosening of management due to organizational restructuring which may impact the prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement. A report shall be submitted to the Prime Minister in June 2025.

6. The Ministry of Public Security shall direct special forces and local police authorities to establish cases, vigorously combat and strictly handle criminal offenses; cooperate with proceeding authorities to expedite the investigation, prosecution, and trial of cases; clarify the responsibilities of relevant ministries, central authorities, and local authorities in cases of violations within their jurisdiction; report and recommend measures for handling as prescribed by law; promptly disclose the results of cases on the media to deter and prevent such violations; advise competent authorities to amend the Criminal Code including deterrent penalties and strictly handle criminal offenses.

7. The Ministry of National Defense shall direct the Vietnam Border Guard and Vietnam Coast Guard to cooperate with the Ministry of Public Security and law enforcers in inspection and control of border areas, prevent smuggling, commercial fraud, counterfeit goods, and intellectual property infringement, ensure safety and order in border areas on land and at sea.

8. The Ministry of Finance shall direct relevant authorities to perform tasks effectively within assigned functions and tasks, cooperate with relevant forces to promptly detect and handle enterprises involved in smuggling, commercial fraud, and tax evasion; take responsibility for strict control of imported goods, prevent counterfeit goods, goods of unclear origin and low-quality from being smuggled into Vietnam.

9. The Ministry of Industry and Trade shall:

a) Cooperate with the People’s Committees of provinces and central-affiliated cities to direct the Market Surveillance forces to enhance inspections and impose strict penalties on cases involving smuggling, counterfeit goods production and trading, intellectual property infringement, goods of unclear origin, especially violations in the e-commerce environment; take responsibility for strict control and inspection of goods circulating in the market, promptly detect and handle counterfeit and low-quality goods.

b) Cooperate with the Ministry of Public Security to propose the establishment of a database on goods as a basis for strategic product direction, source tracing, and combating smuggling and counterfeit goods.

c) Take charge and cooperate with ministries, central authorities and local authorities to research and review the Law on Commercial, Law on E-commerce and relevant regulations to promptly recommend to competent authorities for amendments and promulgation in 2025.

d) Take charge and cooperate with relevant ministries to review, research, amend, and supplement the functions, tasks, and jurisdiction to impose penalties of the law enforcers with clear responsibilities, regions, and areas to avoid overlapping and neglect; report to the Prime Minister in July 2025

- The head of Market Surveillance force at each level shall take charge and cooperate with relevant authorities to inspect the compliance with the law of organizations and individuals engaged in trading goods and services in the commercial market.

- Authorities conducting specialized inspection of ministries, central authorities and local authorities shall inspect the licensing, production, business, and circulation of products within their scope (medicines, functional foods, milk, cosmetics in the health sector; livestock, poultry, animals, and animal products in the agriculture sector);

- The Ministry of Industry and Trade shall assign specific tasks of the People's Committees of communes and wards in cooperation with Departments/central authorities and units in management, inspection, supervision of production and business facilities within their jurisdiction.

dd) The Ministry of Industry and Trade shall cooperate with People’s Committees of provinces and central-affiliated cities to complete the Market Surveillance forces at the provinces and cities.

10. The Ministry of Science and Technology shall review and amend the Law on Intellectual Property, Law on Product and Goods Quality, ensure the uniformity and consistency of the law; intensify inspection and impose strict penalties on organizations and individuals disclosing false information.

11. The Ministry of Health shall intensify inspections, control, and strict handling of the trading of counterfeit drugs, smuggled drugs, and fake medicines; urgently review and amend the Law on Food Safety, Law on Pharmacy, and regulations on the production and trading of drugs, food, and functional foods; research and propose increased administrative penalties for violations; launch a people movement for controlling the quality of drugs and food; request scientists and administrators of health sector to commit not to advertise or introduce misleading or unsubstantiated information about the features and functions of products without verifying related legal documents, take responsibility for deceptive advertisement.

12. The Ministry of Health, Ministry of Agriculture and Environment and Ministry of Industry and Trade shall cooperate with each other to conduct inspections and post-inspections on food safety, strictly handle the business of counterfeit and harmful food products, or products of unclear origin; enhance regulations on specialization, techniques, pre-inspection and post-inspection procedures, and goods licensing. Digital transformation shall be applied, and an interconnected database must be established.

13. Ministry of Agriculture and Environment shall conduct inspections and impose strict penalties on violations related to forestry, aquaculture, production, trade of plant and animal seeds, fertilizers, and counterfeit pesticides; implement measures to control the use of growth stimulants in fruits, excessive chemical use for weight gain, and prevention of water loss after thawing to deceive about weight and quality.

14. Ministry of Culture, Sports and Tourism shall research and supplement penalties for agencies proposing advertisements, agencies carrying out advertisements, individuals, artists, and celebrities who take advantage of their reputation to engage in false advertising, especially on social media.

15. Ministry of Justice shall take charge and cooperate with ministries and central authorities to formulate, appraise, complete the laws related to prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

16. The funding and resources for prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement are allocated from the regular budget allocated to ministries, central authorities, and local authorities.

17. The People's Committees of provinces and central-affiliated cities shall direct the Market Surveillance forces to take charge and cooperate with relevant authorities to impose strict penalties on smuggling, commercial fraud, counterfeit goods, goods of unknown origin, and intellectual property rights infringement in provinces and areas; focus on the socio-economic development, especially in remote areas, border regions, to stabilize people's lives; innovate the dissemination to prevent people from participating or facilitating smuggling, illegal transportation of goods, and production and trading of counterfeit goods.

18. The Vietnam Television, Voice of Vietnam, Vietnam News Agency and the system of press agencies shall cooperate with ministries, central authorities, and law enforcers to develop specialized communication programs, increase airtime, and raise awareness about the dangers of smuggling, commercial fraud, counterfeit goods, intellectual property infringement to enhance the responsibility and awareness of officials and the public; disseminate information on fraud methods and scams committed by perpetrators to help the public recognize, increase vigilance, and provide information to competent state agencies; tightly manage and control to prevent false advertisement on television, radio, specialized magazines, and newspapers to avoid confusing the public; commend positive examples and successful practices of ministries, central authorities, local authorities, and the public; condemn negative behaviors and lack of responsibility.

IV. IMPLEMENTATION:

1. Request the Central Committee of the Vietnam Fatherland Front and members, CPV Committees of provinces and central–affiliated cities, associations, enterprises, and the people to participate in the prevention of smuggling, commercial fraud, counterfeit goods, and intellectual property infringement.

2. Request Ministers, Heads of ministerial authorities, Heads of governmental authorities, Presidents of People's Committees of provinces and central-affiliated cities to urgently and thoroughly develop a plan to organize coordinated, resolute, timely, and effective implementation; make sure the personnel, tasks, time, responsibilities, products, jurisdiction are clear; direct authorities under their management to strictly carry out the tasks prescribed in this Directive; be accountable to the Prime Minister for the implementation results.

3. The 389 National Steering Committee (Standing Office) shall supervise, inspect, and urge ministries, central authorities, local authorities to implement this Directive; submit monthly, quarterly annual reports to the Prime Minister./.