Le Van Hai - owner of the TikTok channel "Hai Sen Family" has just been prosecuted and temporarily detained to investigate the crime of "Trading in counterfeit food".
Reporters of Lao Dong Newspaper had a discussion with Master, Deputy Lawyer Dung - Director of OPIC and Associates Law Firm (Hanoi Bar Association) on the issue of controlling and preventing counterfeit, counterfeit and poor quality goods on e-commerce platforms.
How do you evaluate the case of Tiktoker Hai Sen Family with a large number of followers and influence on social networks selling counterfeit goods after a long time of being arrested?
Not only the case of Tiktoker Hai Sen Family but many celebrities with great followers and influence on social networks have recently been arrested for the act of producing and trading fake goods. Selling counterfeit, fake, and poor quality goods in large quantities is not only a mistake in trading but also a violation of criminal law.
It is worth mentioning that counterfeit products are not common goods but functional foods that directly affect human health and have been around for a long time before being arrested.
This shows the worrying delay in detecting, detecting, preventing and handling violations in the online environment even though poor quality sales have been public for a long time.
According to him, who is responsible for the fact that the Tiktoker of "Hai Sen Family" has been selling fake goods in large quantities for a long time?
The case of Tiktoker Hai Sen Family selling fake functional foods for a long time in large quantities is not only a criminal violation of the law. This also shows loopholes in recognizing, detecting, preventing and handling violations on the network environment and e-commerce platforms of many state management agencies.
According to Decision No. 939/QD-BCT dated April 2, 2025 of the Ministry of Industry and Trade, the Domestic Market Management and Development Department is responsible for directly inspecting or coordinating with central and local agencies and functional forces, relevant organizations and individuals to inspect and handle acts of trading in smuggled goods, manufacturing, trading in counterfeit goods, banned goods, goods of unknown origin, acts of violating intellectual property rights, acts of violating laws on quality, measurement, price, food safety and trade fraud, acts of violating the law on consumer protection rights.
For products that are functional foods and medicine that must declare quality and advertising must require permission, the specialized agencies, the Food Safety Department - Ministry of Health are responsible for inspecting and post-inspecting products circulating on digital platforms. Not proactively coordinating with the Ministry of Industry and Trade to monitor online advertising products, even though a series of Tiktokers/KOLs promote functional foods of unknown origin.
For local authorities where Hai Be Company Limited has warehouses and headquarters, it is irresponsible to grasp the actual business situation of enterprises in the locality, lacking close supervision, coordinating with other agencies to grasp the situation, inspect, detect, and handle promptly when there are complaints.
Through the recent cases of counterfeit goods on e-commerce platforms, especially the case of Tiktoker "Hai Sen Family", what should be done to control and prevent counterfeit goods on e-commerce platforms?
Recently, many cases related to counterfeit goods and counterfeit goods have been rampant on e-commerce platforms, causing public confusion and seriously affecting consumer confidence. The Hai Sen Family case is a clear demonstration of loopholes in the management and control of online business activities.
In addition, there is also the lack of responsibility of social networking platforms such as TikTok, Facebook, Shopee... in controlling goods, content and sellers. Although not a state agency, it is a subject with shared responsibility when allowing advertising and selling unverified products on its platform. There is still a lack of a mechanism to force sellers to verify the quality, origin, invoices and documents.
Faced with this situation, state management agencies, especially the Department of Domestic Market Management and Development and other agencies under the Ministry of Industry and Trade, need to have strong and synchronous solutions to control and prevent counterfeit goods on e-commerce platforms.
Supplementing clearer legal regulations on the responsibility of e-commerce platforms, not letting platforms "in trouble" in cases where counterfeit goods are sold through their platforms.
It is mandatory to censor seller's records and authenticate the origin of products, especially for items at high risk of counterfeiting. Strictly and publicly punish organizations and individuals selling counterfeit goods. Announcing the names of violators will be an effective deterrent.
Thank you!
