TikToker for counterfeit goods
Many scandals about famous people such as artists, KOLs..., selling counterfeit goods, fake advertisements, and untrue things have negatively affected the community.
Most recently, after the scandal of a vegetable candy product, some famous people such as Quang Linh Vlogs and Hang Du Muc were prosecuted by the authorities, Miss Thuy Tien was temporarily suspended from leaving the country for investigation.
Also related to the vegetable candy scandal, TikToker Phan Bao Long (more than 1.4 million followers) made netizens angry when he had made unverified statements.
On the afternoon of April 10, the Department of Culture - Sports of Ho Chi Minh City said that it had worked with TikToker Nguyen An (owner of the account Uncle Ca Review Khong Booking with more than 866,000 followers) regarding advertisements for Kera vegetable candy.
Before being temporarily detained by the authorities on April 10, Tiktoker Duong Duong Duong in Quang Nam province was also fined 6 million VND for selling household soursop and agarwood sticks of unknown origin...
In October 2024, the Market Management Department (QLTT) suddenly inspected and temporarily detained a "huge" warehouse containing more than 10,000 bottles of perfume of unknown origin in Hanoi by TikToker "Phan Thuy Tien" with more than 4 million followers (followers).
TikToker or artist will be punished equally
Talking to reporters, lawyer Truong Van Tuan - Trang Saigon Law Office said that in addition to handling celebrities for false advertising and counterfeit sales, TikToker, normal people trading on social networks if selling fake goods and spurious advertisements will still be handled according to the law.
Lawyer Tuan analyzed: Point b, Clause 1, Article 3 of the 2015 Penal Code stipulates that All criminals are equal before the law, regardless of gender, ethnicity, belief, religion, composition, or social status.
Therefore, whether celebrities or ordinary people sell fake goods or advertisements, they will be handled equally by the law depending on the level, nature and consequences of the violation".
Regarding the form of illegal advertising punishment for TikToker or celebrities, artists, lawyer Tuan said: "According to Clause 7, Article 109 of the Commercial Law No. 36/2005/QH11, false advertising is prohibited.
When individuals or organizations cause false advertising on social networks, they may be subject to administrative sanctions according to the provisions of Clause 5, Article 34 of Decree 38/2021/ND-CP, as follows:
"Fines of VND60 - 80 million for untrue advertising or causing confusion to customers.
In addition, violators must also be responsible for remediating the consequences according to the provisions of Clause 8, Article 34 of Decree 38/2021/ND-CP.
More seriously, false advertising can also be prosecuted under the provisions of Article 197 of the 2015 Penal Code, with a non-custodial reform penalty of up to 3 years, and a ban on practicing or doing a certain job of 1 - 5 years".
Regarding the act of selling counterfeit goods, lawyer Tuan further analyzed: "Trading in counterfeit goods is the act of buying and reselling goods that are clearly known to be counterfeit in order to make illegal profits.
Regarding criminal prosecution, as in the case of Quang Linh Vlogs and Hang Du Cac according to the provisions of Article 193 of the 2015 Penal Code, which stipulates the crime of manufacturing and trading counterfeit goods such as food, foodstuffs, and food additives, "He who manufactures and trades counterfeit goods such as food and foodstuffs" can be sentenced to imprisonment from 2 years to life imprisonment".
In order to sell and advertise products in accordance with the law, according to lawyer Tuan, the seller needs to do the following: "According to Clause 7, Article 2 of the 2012 Advertising Law, to avoid legal risks when advertising the issuer of advertisements, the obligations must be fulfilled as prescribed in Article 14 of the Advertising Law 2012, as follows: Checking documents related to advertising conditions of organizations, individuals, products and products for advertising products when advertising advertising products Receive ads or competent state agencies request ... ".
