Decree No. 102/2026/NĐ-CP amending and supplementing certain provisions of Decree No. 75/2019/NĐ-CP dated September 26, 2019 by the Government on penalties for administrative violations in the field of competition

DECREE

Amending and Supplementing Certain Articles of Decree No. 75/2019/NĐ-CP dated September 26, 2019, of the Government on Administrative Penalties for Violations in the Field of Competition

Based on Law on Organization of the Government No. 63/2025/QH15;

Based on Law on Competition No. 23/2018/QH14;

Based on Law on Handling Violations of Administrative Management No. 15/2012/QH13, amended and supplemented byLaw No. 67/2020/QH14, Law No. 88/2025/QH15;Based on Law on Execution of Civil Judgments No. 26/2008/QH12, amended and supplemented by Law No. 64/2014/QH13;

In accordance with the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 75/2019/NĐ-CP dated September 26, 2019, of the Government on administrative penalties for violations in the field of competition.

Article 1.

Amend and supplement Clause 3 of Article 3 1. Amend and supplement Point g as follows:

“g) Compel provision of full, truthful information and documents;”.

2. Supplement Point m after Point l:

“m) Compel fulfillment of all conditions expressed in the decision on economic concentration specified at Point b Clause 1 Article 41 of the Competition Law.”.

Article 2.

Amend and supplement certain Clauses of Article 4 1. Amend and supplement Clause 3 as follows:

“3. A fine from 100,000,000 VND to 200,000,000 VND for a business entity engaging in conduct that violates any of the following cases:

a) The total revenue of the business entity engaged in such violation on the relevant market during the preceding financial year immediately prior to the year when the violation was committed as specified in Clauses 1 and 2 of this Article is determined to be zero (0);

b) Business entities participating in an economic concentration engaging in such violation are not on the same relevant market; do not operate at different stages within the same production, distribution, supply chain for a specific type of goods or services, and their business activities are not inputs or supplementary to each other.”.

2. Amend and supplement Clause 4 as follows:

“4. In the case where business entities participating in an economic concentration operate at different stages within the same production, distribution, supply chain for a specific type of goods or services, or the business activities of the business entities participating in the agreement to restrict competition are prohibited and operate at different stages within the same production, distribution, supply chain for a specific type of goods or services, then the total revenue on the relevant market specified in Clauses 1 and 2 of this Article is determined as the total revenue of all relevant markets related to the violation.”.

3. Amend and supplement Clause 8 as follows:

“8. The specific fine amount for a violation of administrative law in the field of competition is the average of the penalty range prescribed for such conduct.

If there is one mitigating circumstance, then the specific fine amount shall be determined within the range from above the minimum to below the average of the penalty range, but not lower than the average of the minimum and the average of the penalty range. In the case where there are two or more mitigating circumstances, then the minimum of the penalty range is applied.

If there is one aggravating circumstance, then the specific fine amount shall be determined within the range from above the average to below the maximum of the penalty range, but not higher than the average of the maximum and the average of the penalty range. In the case where there are two or more aggravating circumstances, then the maximum of the penalty range is applied.

If both an aggravating circumstance and a mitigating circumstance exist, then one aggravating circumstance is reduced by one mitigating circumstance.”.

Where both aggravating circumstances and mitigating circumstances are present, one aggravating circumstance shall be offset against one mitigating circumstance.

Article 3. Abolish Clause 2 of Article 11.

Article 4. Abolish Clause 2 of Article 13.

Article 5. Amend and Supplement Article 14.

"Article 14. Anti-Notification of Economic Concentration

A fine shall be imposed on each enterprise participating in economic concentration for failing to notify as required by the Competition Law, as follows:

1. A fine ranging from 500,000,000 VND to 1,000,000,000 VND shall be imposed on each enterprise participating in economic concentration with total assets, total sales revenue and total purchases on the Vietnamese market reaching less than 3,000 billion VND in the preceding financial year of the implementation of the economic concentration but not exceeding 5% of the enterprise's total revenue on the related market in the preceding financial year of the implementation of the infringing act.

2. A fine ranging from 1,000,000,000 VND to 2,000,000,000 VND shall be imposed on each enterprise participating in economic concentration with total assets on the Vietnamese market or total sales revenue or total purchases on the Vietnamese market reaching 3,000 billion VND and above in the preceding financial year of the implementation of the economic concentration but not exceeding 5% of the enterprise's total revenue on the related market in the preceding financial year of the implementation of the infringing act."

Article 6. Amend and Supplement Certain Clauses of Article 15

1. Amend and supplement Clause 1 as follows:

“1. A fine ranging from 500,000,000 VND to 1,000,000,000 VND shall be imposed on each enterprise participating in economic concentration with total assets, total sales revenue and total purchases on the Vietnamese market reaching less than 3,000 billion VND in the preceding financial year of the implementation of the economic concentration but not exceeding 5% of the enterprise's total revenue on the related market in the preceding financial year of the implementation of the infringing act; a fine ranging from 1,000,000,000 VND to 2,000,000,000 VND shall be imposed on each enterprise participating in economic concentration with total assets on the Vietnamese market or total sales revenue or total purchases on the Vietnamese market reaching 3,000 billion VND and above in the preceding financial year of the implementation of the economic concentration but not exceeding 5% of the enterprise's total revenue on the related market in the preceding financial year of the implementation of the infringing act when engaging in any of the following acts:

a) Engaging in economic concentration without having received the preliminary review results from the National Competition Commission as provided for in Clause 2, Article 36 of the Competition Law, except where provided for in Clause 3, Article 36 of the Competition Law;

b) Engaging in economic concentration when the National Competition Commission has not issued a decision under Article 41 of the Competition Law in cases where the economic concentration requires formal review."

2. Amend and supplement Clause 2 as follows:

“2. A fine ranging from 1% to 3% of the total revenue on the related market in the preceding financial year of the implementation of the infringing act shall be imposed on an enterprise that fails to meet or fully meet the conditions specified in the decision on economic concentration under Point b, Clause 1, Article 41 of the Competition Law.”

3. Supplement Clauses 3 and 4 after Clause 2:

“3. A fine ranging from 1% to 5% of the total revenue on the related market in the preceding financial year of the implementation of the infringing act shall be imposed on each enterprise participating in economic concentration for engaging in economic concentration under the circumstances specified in Point c, Clause 1, Article 41 of the Competition Law.

4. Remedial Measures:

a) Compel full compliance with the conditions specified in the decision on economic concentration under Point b, Clause 1, Article 41 of the Competition Law for violations as provided for in Clause 2 of this Article;

b) Compel division or separation of an enterprise that has been merged or consolidated for violations as provided for in Clause 3 of this Article;

c) Compel sale of a portion or all of the equity and assets purchased by an enterprise for violations as provided for in Clause 3 of this Article;

d) Compel acceptance of supervision by competent state authorities over prices, sales prices of goods and services, or other transaction conditions in contracts involving the merged enterprise, newly formed enterprise after economic concentration, enterprise that has acquired equity, or joint venture enterprise for violations as provided for in Clause 3 of this Article.”

Article 7. Abolish Point a of Clause 4 of Article 19.

Article 8. Abolish Point a of Clause 3 of Article 20.

Article 9. Amend and Supplement Certain Clauses of Article 22

1. Amend and supplement Clause 2 as follows:

"2. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the party under investigation, persons with rights or obligations related to the competition matter, economic concentration parties, and parties submitting a notification seeking exemption from anticompetitive agreement restrictions for failing to provide adequate information and documents as required by the National Competition Commission, the Competitions Investigation Authority, the Concentration Handling Board during the course of investigating, handling competition matters, reviewing the notification seeking exemption from anticompetitive agreement restrictions.".

2. Amend and supplement Clause 3 as follows:

"3. A fine ranging from 20,000,000 VND to 50,000,000 VND shall be imposed on the party under investigation, persons with rights or obligations related to the competition matter, economic concentration parties, parties submitting a notification of economic concentration, and parties submitting a notification seeking exemption from anticompetitive agreement restrictions for any of the following acts:

a) Failing to provide information and documents as required by the National Competition Commission, the Competitions Investigation Authority, the Concentration Handling Board during the course of investigating, handling competition matters, reviewing the notification seeking exemption from anticompetitive agreement restrictions;

b) Providing false or misleading information and documents;

c) Forcing others to provide false or misleading information and documents;

d) Concealing or destroying relevant information and documents in connection with the competition matter.".

3. Amend and supplement Clause 4 as follows:

"4. Remedial measures:

Compel provision of complete and truthful information and documents.".

4. Supplement Clause 5 after Clause 4:

"5. The National Competition Commission shall decide to revoke the notification regarding the completeness and validity of the economic concentration notification; preliminary assessment results of the economic concentration or decision on the economic concentration if it is found that one or more parties submitting an economic concentration notification have committed any acts specified in points b, c and d of this Clause leading to misrepresentation of the results as provided in Clauses 2, 3 of Article 36 and Article 41 of the Competition Law.".

Article 10. Abolish Point c of Clause 2 of Article 25.

Article 11. Amend, Supplement, and Abolish Certain Clauses of Article 26

1. Abolish Clause 1.

2. Amend and supplement Clause 3 as follows:

"3. Apply one or more supplementary penalties prescribed at points b, c of Clause 2 of this Decree;".

3. Amend and supplement Clause 4 as follows:

"4. Apply one or more remedial measures prescribed at points a, b, d, e and m of Clause 3 of this Decree;".

Article 12. Amend, Supplement, and Abolish Certain Clauses of Article 27

1. Abolish Clause 1.

2. Amend and supplement Clause 3 as follows:

"3. Apply a supplementary penalty according to the provision at point c of Clause 2 of this Decree;".

3. Amend and supplement Clause 4 as follows:

"4. Apply one or more remedial measures prescribed at points c, d, h, i and k of Clause 3 of this Decree."

Article 13. Amendment, supplementation, and repeal of certain provisions of Article 28

1. Repeal Paragraphs 1, 2, and Point d of Paragraph 3.

2. Amend and supplement Paragraph 3 as follows:

“3. In respect of conduct violating laws and regulations on competition other than those specified in Section 5 of Chapter II of this Decree, the Chairman of the National Competition Committee and the Competition Dispute Resolution Council may exercise the following powers:

a) Issue a warning;

b) Impose a fine up to 100,000,000 Vietnamese dong on individuals and 200,000,000 Vietnamese dong on organizations;

c) Apply supplementary penalty measures as provided in Points b and c of Paragraph 2 of this Decree;

d) Apply one or more remedial measures as provided in Points a, g, and l of Paragraph 3 of this Decree.”

Article 14. Amendment and supplementation of Article 30

“Upon discovering conduct violating laws and regulations on competition other than those specified in Section 5 of Chapter II of this Decree, the Head of the Inspection Team established by the Minister or head of a unit under the ministry, the head of the investigation into competition matters, the investigator of competition matters, the hearing secretary, persons assigned to perform preliminary review tasks, formal review tasks for economic concentration cases, and persons assigned to examine applications for exemption from prohibition on anti-competitive agreements have the authority to prepare an administrative violation report.”

Article 15. Amendment and supplementation of Article 32

“Article 32. Forms of payment of fines

Organizations and individuals who are fined in a decision on competition matters or a decision on administrative penalties for conduct violating laws and regulations on competition other than those specified in Section 5 of Chapter II of this Decree shall pay the fine by one of the following forms:

1. Paying cash directly at the State Treasury or at a commercial bank where the State Treasury has an account as stated in the decision on competition matters, decision on administrative penalties for conduct violating laws and regulations on competition other than those specified in Section 5 of Chapter II of this Decree;

2. Transferring funds to the State Treasury account mentioned in the decision on competition matters or decision on administrative penalties for conduct violating laws and regulations on competition other than those specified in Section 5 of Chapter II of this Decree through the National Public Service Portal or electronic payment services provided by a commercial bank or an organization providing intermediary payment services.”

Article 16. Amendment and supplementation of Paragraph 4 of Article 33

“4. The provincial or centrally administered city People's Court, where the registered office, place of residence, or assets of the party to be executed are located, is responsible for organizing the execution of the part of the decision related to assets in the decision on competition matters according to the request of the party seeking enforcement of the decision on competition matters, including interest due to late payment of fines as provided.”

Article 17. Addition of Article 33a after Article 33

“Article 33a. Handling administrative violations in an electronic environment

The handling of administrative violations in an electronic environment, including the issuance and receipt of administrative penalty decisions on an electronic platform, shall be carried out in accordance with the provisions of Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government, which provides detailed rules for certain provisions and measures to implement the Law on Administrative Penalty, as amended by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.”

Article 18. Implementation Provisions

1. This Decree shall take effect on May 20, 2026.

2. The Ministers, Heads of agencies at the same level as ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities, and relevant agencies are responsible for implementing this Decree.

Article 19. Transitional Provisions

From the date this Decree takes effect, violations of competition law shall be handled as follows:

1. For acts of violation of competition law that occurred and ceased before the date this Decree took effect but were only investigated or being considered and resolved after it took effect, such acts shall be governed by the provisions of this Decree.

2. For acts of violation of competition law that occurred prior to the date this Decree takes effect but continued to occur when it took effect, such acts shall be governed by the provisions of this Decree.

3. For decisions on handling competition matters issued before the date this Decree takes effect, where organizations or individuals subject to violation penalties have appealed, such decisions shall be governed by the provisions of Decree No. 75/2019/NĐ-CP dated September 26, 2019 of the Government on administrative penalty for violations in the field of competition.