Defining illicit profits earned from trading in counterfeit or banned goods

This Circular details provisions of Clause 2 Article 91 of Decree 98/2020/ND-CP, regarding illicit profits earned through the commission of administrative violations being taken the remedial measure, trading in counterfeit or banned goods, and protection of consumer rights, for the latter to remit into the state budget.

Illicit monetary profits: The money amount through the commission of administrative violations shall be equal to (=) the number of goods, the volume of services that have been transferred or consumed, multiply by (x) the unit price minus (-) costs directly constituting the goods or services.

Earned illicit profit amounts that are valuable papers mean the whole valuable papers that an organization or individual earned through the commission of administrative violations.

Illicit profits earned through the commission of administrative violations, which are other assets and objects, are other assets as prescribed by the Civil Code.

In case material evidence or means of administrative violations have been illegally sold, dispersed, or destroyed, the violator must refund the amount of money equivalent to the value of material evidence or means of administrative violations that have been illegally sold, dispersed, or destroyed.

This Circular takes effect on January 01, 2023.