Criminal Penalties for Trading in Counterfeit Goods under Vietnam’s Current Criminal Law: Recommendations for Legal Reform

This article analyzes the current Vietnamese criminal law provisions on penalties applicable to the offense of trading in counterfeit goods, focusing on principal penalties, additional penalties, and the requirement of individualized sentencing. Based on an assessment of the proportionality, differentiation, and effectiveness of the penalty system, the article identifies several shortcomings, particularly regarding the role of fines, the effectiveness of additional penalties, and the balance among different penalty ranges. Accordingly, the article proposes reforms to the penalty structure toward greater flexibility, ensuring proportionality to the nature and degree of social dangerousness of the offense, while enhancing the effectiveness of crime prevention.