Decree No. 120/2005/ND-CP on handling violations of laws in the field of competition

 

DECREE OF THE GOVERNMENT

Provisions on handling violations of competition laws

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law;

Based on the Ordinance on Administrative Violation Handling dated July 2, 2002;

At the proposal of the Minister of Trade,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the handling of organizations and individuals who intentionally or negligently violate competition laws.

2. Violations of competition laws as defined in this Decree include:

a) Violations of regulations on controlling anti-competitive practices, including violations of agreements restricting competition, abuse of dominant market position, abuse of monopoly position, and economic concentration;

b) Violations of regulations on unfair competition;

c) Other violations of competition laws.

Article 2. Applicability

This Decree applies to the following organizations and individuals:

1. Business organizations (hereinafter referred to as enterprises) and industry associations operating in Vietnam (hereinafter referred to as associations) as specified in Article 2 of the Competition Law.

2. Other organizations and individuals implementing the acts prescribed in Section 5 Chapter II of this Decree.

Article 3. Principles for Handling Violations of Competition Laws

1. The handling of violations of regulations on controlling anti-competitive practices must comply with the following principles:

a) All violations must be detected promptly. The handling of violations must be conducted swiftly, impartially, and thoroughly; all consequences caused by violations must be remedied according to the provisions of the law;

b) The handling of violations must follow the procedures and formalities in competition litigation as prescribed in Chapter III of Decree No. 116/2005/NĐ-CP dated September 15, 2005, of the Government detailing the implementation of certain articles of the Competition Law and the provisions of this Decree;

c) The handling of violations must be carried out by those authorized to do so in accordance with their authority as prescribed by law;

d) A single violation of competition laws shall only be handled once; if an enterprise commits multiple violations, it shall be handled separately for each violation;

đ) No handling of violations according to the provisions of this Decree shall be conducted for violations that have criminal indications.

2. The handling of violations of regulations on unfair competition must comply with the principles set forth in Clause 1 of this Article and Article 3 of the Administrative Violation Handling Ordinance.

3. The handling of violations of other regulations on competition laws must comply with the principles prescribed in Article 3 of the Administrative Violation Handling Ordinance.

Article 4. Forms of Handling Violations of Competition Laws

1. Forms of handling violations of competition laws include penalties and measures to remedy consequences.

2. For each violation of competition laws, the violating organization or individual must bear one of the following main forms of penalty:

a) To issue warnings;

b) Fine.

3. Depending on the nature and degree of the violation, the violating organization or individual may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of business registration certificate, deprivation of the right to use licenses, professional certificates;

b) Confiscation of objects and means used to commit violations of competition laws.

4. In addition to the penalties prescribed in Clauses 2 and 3 of this Article, enterprises violating competition laws may also be subject to one or more remedial measures as follows:

a) Compelling restructuring of enterprises abusing dominant market position;

b) Compelling division or separation of enterprises that have merged or consolidated; compelling sale of acquired enterprises;

c) Compelling public correction;

d) Compelling removal of clauses violating the law from contracts or business transactions;

đ) Compelling use or sale of patents, utility models, industrial designs purchased but not used;

e) Compelling removal of measures hindering other enterprises from entering the market or developing business;

g) Compelling restoration of technical and technological development conditions that were obstructed;

h) Compelling removal of unfavorable conditions imposed on customers;

i) Compelling restoration of contract terms changed without justifiable reasons;

k) Compelling restoration of canceled contracts without justifiable reasons.

Article 5. Amount of fines for violations of competition laws

1. For violations of regulations on controlling anti-competitive practices, the competent authority may impose fines at specific levels as provided in Sections 1, 2, and 3 of Chapter II of this Decree, but not exceeding 10% of the total revenue of the violating enterprise in the fiscal year preceding the year in which the violation occurred.

In cases where the violating enterprise was newly established and has operated for less than one fiscal year, the total revenue in the fiscal year preceding the year in which the violation occurred, as stipulated in Clause 1 of this Article, shall be determined as the total revenue of the enterprise from its date of establishment to the date of issuance of the formal decision to investigate the violation.

2. For violations of regulations on unfair competition and other violations of competition laws not covered under Clause 1 of this Article, the competent authority may impose fines at specific levels as provided in Sections 4 and 5 of Chapter II of this Decree.

Article 6. Compensation for damages caused by violations of competition laws

1. Organizations and individuals who violate competition laws causing damage to the interests of the State, rights, and legitimate interests of other organizations and individuals must compensate for such damages.

2. The compensation for damages as stipulated in Clause 1 of this Article shall be implemented according to the provisions of civil law.

Article 7. Basis for determining the level of handling of violations of competition laws

When determining the level of handling for each violation of competition laws, the competent authority may base their decision on one or more of the following factors:

1. The degree of restriction on competition caused by the violation.

2. The degree of damage caused by the violation.

3. The potential for restricting competition of the violators.

4. The duration of the violation.

5. Profits obtained from the implementation of the violation.

6. Mitigating and aggravating circumstances as prescribed in Article 8 of this Decree.

Article 8. Mitigating and Aggravating Circumstances

1. For violations of regulations on controlling anti-competitive practices and unfair competition, the competent authority may apply mitigating and aggravating circumstances as provided in Section 6 of Chapter III of Decree No. 116/2005/NĐ-CP dated September 15, 2005, detailing the implementation of certain provisions of the Competition Law.

2. For other violations of competition laws, the competent authority may apply mitigating and aggravating circumstances as provided in Articles 8 and 9 of the Administrative Violation Handling Ordinance.

Article 9. Time limit for lodging complaints about competition cases, time limit for issuing investigation decisions when competition management agencies discover actions suspected of violating competition laws

1. The time limit for lodging complaints about competition cases and the time limit for issuing investigation decisions when competition management agencies discover actions suspected of violating competition laws as stipulated in Clause 2 of Article 65 of the Competition Law is two years from the date the violation was committed.

2. Within the period specified in Clause 1 of this Article, if organizations or individuals commit new violations of competition laws or intentionally evade or obstruct the handling process by the competent authority, the time limit as stipulated in Clause 1 of this Article shall be recalculated from the date of committing the new violation of competition laws or the date of ceasing the evasion or obstruction of the handling process.

Chapter II
VIOLATIONS OF COMPETITION LAWS,
FORMS AND LEVELS OF HANDLING

Section 1
VIOLATIONS OF REGULATIONS ON AGREEMENTS
RESTRICTIONS ON COMPETITION

 

Article 10. Acts of agreeing to set prices for goods and services directly or indirectly

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the following acts:

a) Agreeing to apply a uniform price level with some or all customers;

b) Agreeing to increase or decrease prices at a specific level;

c) Agreeing to apply a common pricing formula;

d) Agreeing to maintain a fixed ratio regarding the price of related products;

đ) Agreeing not to offer discounts or applying a uniform discount rate;

e) Agreeing to allocate credit limits for customers;

g) Agreeing not to reduce prices without notifying other members of the agreement;

h) Agreeing to use a uniform price level at the time negotiations begin.

2. A fine of between 5% and 10% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the acts specified in Clause 1 of this Article under any of the following circumstances:

a) The related goods and services include staple foods, foodstuffs, medical equipment, medicines for human use, veterinary drugs, fertilizers, animal feed, plant protection chemicals, crop and livestock seeds, and health care services;

b) The violating enterprise plays a role in organizing or enticing other entities to participate in the agreement.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as follows:

a) Confiscation of the objects and means used to commit the violation, including the entire profit obtained from the violation;

b) Compelling the removal of provisions violating the law from contracts or business transactions.

Article 11. Acts of agreeing to divide markets for consumption, sources of supply of goods, and provision of services

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the following acts:

a) Agreeing on the quantity or location of purchasing, selling goods, or services, or groups of customers for each party participating in the agreement;

b) Agreeing that each party participating in the agreement can only purchase goods or services from one or a few specific sources.

2. A fine of between 5% and 10% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the acts specified in Clause 1 of this Article under any of the circumstances specified in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Article 12. Acts of agreeing to limit or control the quantity or volume of production, purchase, and sale of goods and services

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the following acts:

a) Agreeing to cut or reduce the quantity or volume of production, purchase, and sale of goods and service provision on the relevant market compared to before;

b) Agreeing to set the quantity or volume of production, purchase, and sale of goods and service provision at a level sufficient to create scarcity on the market.

2. A fine of between 5% and 10% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the acts specified in Clause 1 of this Article under any of the circumstances specified in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Article 13. Acts of agreeing to limit technological development and investment

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the following acts:

a) Agreeing to purchase patents, utility models, industrial designs for destruction or non-use;

b) Agreeing not to invest additional capital to expand production, improve product quality, services, or other development.

2. A fine of between 5% and 10% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the acts specified in Clause 1 of this Article under any of the circumstances specified in Clause 2 of Article 10 of this Decree.

3. In addition to being fined according to the provisions of Clause 1 and 2 of this Article, the violating enterprise may also be subject to one or more remedial measures provided for in Clause 3 of Article 10 of this Decree.

Article 14. Acts of imposing conditions on other enterprises to enter into contracts for the purchase and sale of goods and services, or compelling other enterprises to accept obligations unrelated directly to the subject matter of the contract

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise participating in the agreement that has a combined market share of 30% or more on the relevant market for any of the following acts:

a) Imposing conditions on other enterprises before signing contracts for the purchase and sale of goods and services as follows:

- Limitations on the production and distribution of other goods; purchasing and supplying other services not directly related to the agency commitments under the law on agency;

- Limitations on reselling locations, except for goods listed in the catalog of conditional business activities and restricted business activities under the law;

- Limitations on customers buying goods for resale, except for goods listed in the catalog of conditional business activities and restricted business activities under the law;

- Limitations on the form and quantity of goods supplied.

b) Binding other enterprises when buying and selling goods and services from any enterprise participating in the agreement to purchase goods and services from a designated supplier or to perform additional obligations outside the scope necessary to fulfill the contract.

2. A fine of 5% to 10% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement with a combined market share of 30% or more in the relevant market for one of the acts prescribed in Clause 1 of this Article, if such violation falls within one of the cases prescribed in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Article 15. Acts of preventing, hindering, or not allowing other enterprises to enter the market or develop their business

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement for one of the following acts:

a) Agreeing not to transact with enterprises not participating in the agreement;

b) Agreeing to jointly request, call upon, or entice their customers not to buy or sell goods or use services from enterprises not participating in the agreement;

c) Agreeing to jointly purchase or sell goods and services at prices sufficient to prevent enterprises not participating in the agreement from entering the relevant market;

d) Agreeing to jointly request, call upon, or entice distributors and retailers currently doing business with them to discriminate against the purchase and sale of goods from enterprises not participating in the agreement in a manner that makes it difficult for these goods to be sold;

e) Agreeing to jointly purchase or sell goods and services at prices sufficient to prevent enterprises not participating in the agreement from expanding their business scale.

2. A fine of 5% to 10% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement for one of the acts prescribed in Clause 1 of this Article if such violation falls within one of the cases prescribed in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Article 16. Acts of agreeing to remove from the market enterprises that are not parties to the agreement

1. A fine of up to 5% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement for one of the following acts:

a) Agreeing not to transact with enterprises that are not participating in the agreement and jointly requesting, calling for, or enticing their customers not to purchase goods or use services from enterprises that are not participating in the agreement;

b) Agreeing not to transact with enterprises that are not participating in the agreement and jointly purchasing or selling goods and services at prices sufficient to force enterprises not participating in the agreement to withdraw from the relevant market.

2. A fine of 5% to 10% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement for one of the acts prescribed in Clause 1 of this Article if such violation falls within one of the cases prescribed in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Article 17. Acts of colluding to ensure that one or more parties to the agreement win bids in the provision of goods or supply of services

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each enterprise that is a party to the agreement for one of the following bidding acts:

a) Agreeing that one or more parties to the agreement will withdraw from the bidding process or withdraw previously submitted bid documents so that one or more parties within the agreement can win the bid;

b) Agreeing that one or more parties to the agreement will create difficulties for non-participating parties during the bidding process by refusing to provide raw materials, not signing subcontract agreements, or other forms of creating difficulties;

c) Agreeing that parties to the agreement will uniformly offer non-competitive prices or set competitive prices but with conditions that the tenderer cannot accept, thereby pre-determining which one or more parties will win the bid;

d) Agreeing that parties to the agreement will pre-determine the number of times each party will win the bid within a certain period.

2. A fine of 5% to 10% of the total revenue in the fiscal year preceding the year in which the violation occurred for each enterprise participating in the agreement for one of the acts prescribed in Clause 1 of this Article if such violation falls within one of the cases prescribed in Clause 2 of Article 10 of this Decree.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary forms of punishment and remedial measures as provided in Clause 3 of Article 10 of this Decree.

Section 2
VIOLATIONS OF THE PROVISIONS ON ABUSE OF DOMINANT MARKET POSITION AND MONOPOLISTIC POSITION
DOMINATE THE MARKET, ABUSE OF A DOMINANT POSITION

Article 18. Acts of selling goods or supplying services below full cost to eliminate competitors

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on an enterprise with a dominant market position or an enterprise belonging to a group of enterprises with a dominant market position for the act of selling goods or supplying services below full cost to eliminate competitors.

2. A fine of between 5% and 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on an enterprise with a dominant market position for the act specified in Clause 1 of this Article if it falls under one of the following circumstances:

a) The related goods or services are those specified in Point a, Clause 2, Article 10 of this Decree;

b) The violating enterprise has a market share of 50% or more in the relevant market.

3. A fine of between 5% and 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on an enterprise belonging to a group of enterprises with a dominant market position for the act specified in Clause 1 of this Article if it falls under one of the following circumstances:

a) It is the enterprise with the largest market share in the group of enterprises with a dominant market position in the relevant market;

b) It is the enterprise playing a role in organizing and enticing other enterprises in the group of enterprises with a dominant market position to jointly commit the violation.

4. In addition to being subject to fines as prescribed in Clauses 1, 2, and 3 of this Article, enterprises violating provisions on abuse of dominant market position may also be subject to one or several supplementary penalties and remedial measures as follows:

a) Confiscation of property and means used to commit the violation, including confiscation of all profits obtained from committing the violation;

b) Compelling the removal of unlawful terms from contracts or related business transactions;

c) Compelling restructuring of enterprises with a dominant market position.

Article 19. Acts of imposing unreasonable purchase prices, sale prices of goods and services, or setting a minimum resale price causing damage to customers

1. A fine of up to 5% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position or a business within a group of businesses with a dominant market position for one of the following acts:

a) Imposing unreasonable purchase prices, sale prices of goods and services causing damage to customers;

b) Setting a minimum resale price causing damage to customers.

2. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 2 of Article 18 of this Decree.

3. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business within a group of businesses with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 3 of Article 18 of this Decree.

4. In addition to the fines prescribed in Clauses 1, 2, and 3 of this Article, a business violating the provisions on abuse of a dominant market position may also be subject to supplementary sanctions and measures to remedy consequences prescribed in Clause 4 of Article 18 of this Decree.

Article 20. Acts of restricting production, distribution of goods and services, limiting markets, hindering technical and technological development causing damage to customers

1. A fine of up to 5% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position or a business within a group of businesses with a dominant market position for one of the following acts:

a) Reducing the supply of goods and services in the relevant market compared to the amount supplied previously in the absence of significant fluctuations in supply and demand relations; without economic crises, natural disasters, enemy threats; without major technical incidents or emergency situations;

b) Setting the supply of goods and services at a level sufficient to create scarcity in the market;

c) Hoarding goods and not selling them to cause market instability;

d) Supplying goods and services only in one or several specific geographic areas;

đ) Only purchasing goods and services from one or several specific sources of supply unless other sources cannot meet reasonable conditions and comply with common commercial practices set by the buyer;

e) Purchasing patents, utility models, industrial designs to destroy or not use them;

g) Threatening or compelling those researching and developing technology and technology to stop or cancel their research;

2. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 2 of Article 18 of this Decree.

3. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business within a group of businesses with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 3 of Article 18 of this Decree.

4. In addition to being subject to fines as prescribed in Clauses 1, 2, and 3 of this Article, enterprises violating provisions on abuse of dominant market position may also be subject to one or several supplementary penalties and remedial measures as follows:

a) Supplementary sanctions and measures to remedy consequences prescribed in Clause 4 of Article 18 of this Decree;

b) Compelling the use or reselling of patents, utility models, industrial designs that have been purchased but not used;

c) Compelling the removal of measures preventing or hindering other businesses from entering the market or developing their business;

d) Compelling the restoration of conditions for technical and technological development that the business has hindered.

Article 21. Acts of imposing different commercial conditions in similar transactions to create unfair competition

1. A fine of up to 5% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position or a business within a group of businesses with a dominant market position for the act of discriminating against businesses in terms of purchase and sale conditions, prices, payment terms, quantities in similar transactions involving goods and services of equivalent value or nature to place one or several businesses in a more advantageous competitive position than others.

2. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 2 of Article 18 of this Decree.

3. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business within a group of businesses with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 3 of Article 18 of this Decree.

4. In addition to the fines prescribed in Clauses 1, 2, and 3 of this Article, a business violating the provisions on abuse of a dominant market position may also be subject to supplementary sanctions and measures to remedy consequences prescribed in Clause 4 of Article 18 of this Decree.

Article 22. Acts of imposing conditions on other enterprises to enter into purchase and sale contracts for goods or services, or compelling other enterprises to accept obligations not directly related to the subject matter of the contract.

1. A fine of up to 5% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position or a business within a group of businesses with a dominant market position for one of the following acts:

a) Imposing on other enterprises the following preconditions before entering into a purchase and sale contract for goods or services:

- Limitations on the production and distribution of other goods; purchasing and supplying other services not directly related to the agency commitments under the law on agency;

- Limitations on reselling locations, except for goods listed in the catalog of conditional business activities and restricted business activities under the law;

- Limitations on customers buying goods for resale, except for goods listed in the catalog of conditional business activities and restricted business activities under the law;

- Limitations on the form and quantity of goods supplied.

b) Binding other enterprises to purchase or sell goods or services from any enterprise participating in an agreement to also purchase goods or services from a supplier or a previously designated person, or to perform additional obligations outside the scope necessary to fulfill the contract.

2. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 2 of Article 18 of this Decree.

3. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business within a group of businesses with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 3 of Article 18 of this Decree.

4. In addition to the fines prescribed in Clauses 1, 2, and 3 of this Article, a business violating the provisions on abuse of a dominant market position may also be subject to supplementary sanctions and measures to remedy consequences prescribed in Clause 4 of Article 18 of this Decree.

Article 23. Acts of hindering new competitors from entering the market.

1. A fine of up to 5% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position or a business within a group of businesses with a dominant market position for one of the following acts:

a) Requesting customers not to trade with new competitors.

b) Threatening or coercing distributors or retail stores not to accept distribution of products from new competitors.

c) Selling goods at prices low enough to prevent new competitors from entering the market, but not falling under the circumstances specified in Clause 1 of Article 19 of this Decree.

2. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 2 of Article 18 of this Decree.

3. A fine of from 5% to 10% of total revenue in the previous fiscal year shall be imposed on a business within a group of businesses with a dominant market position for the act prescribed in Clause 1 of this Article if it falls under one of the cases prescribed in Clause 3 of Article 18 of this Decree.

4. In addition to the fines prescribed in Clauses 1, 2, and 3 of this Article, a business violating the provisions on abuse of a dominant market position may also be subject to supplementary sanctions and measures to remedy consequences prescribed in Clause 4 of Article 18 of this Decree.

Article 24. Acts of abusing a dominant position.

1. A fine of up to 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on an enterprise with a dominant position for any of the following abusive acts:

a) The acts prescribed in Clause 1 of Article 18, Clause 1 of Article 19, Clause 1 of Article 20, Clause 1 of Article 21, Clause 1 of Article 22, and Clause 1 of Article 23 of this Decree;

b) Imposing unfavorable conditions on customers;

c) Unilaterally changing or canceling a concluded contract without prior notice to the customer and without being subject to any penalty measures;

d) Unilaterally changing or canceling a concluded contract based on one or more reasons not directly related to the necessary conditions for fully performing the contract and without being subject to any penalty measures.

2. In addition to the monetary fine prescribed in Clause 1 of this Article, an enterprise abusing its dominant position may be subject to one or more supplementary penalties and remedial measures as follows:

a) Confiscation of property and means used to commit the violation, including confiscation of all profits obtained from committing the violation;

b) Compelling the removal of unlawful terms from contracts or related business transactions;

c) Compelling restoration of technical and technological development conditions that were obstructed;

d) Compelling removal of unfavorable conditions imposed on customers;

đ) Compelling restoration of contract terms changed without justifiable reasons;

e) Compelling restoration of canceled contracts without justifiable reasons.

Section 3
VIOLATIONS OF THE PROVISIONS ON ECONOMIC CONCENTRATION

Article 25. Prohibited Merger Acts.

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the acquiring enterprise and the merged enterprise for prohibited merger acts as stipulated in Article 18 of the Competition Law.

2. A fine of between 5% and 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the acquiring enterprise and the merged enterprise for merger acts as stipulated in Clause 1 of this Article where the acquiring enterprise coerces the merged enterprise to merge.

3. In addition to the monetary fines prescribed in Clauses 1 and 2 of this Article, the acquiring enterprise may be compelled to restructure into the merged enterprise and the acquiring enterprise as they were prior to the merger.

 

Article 26. Prohibited Merger Activities

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the enterprises being merged for prohibited merger activities as stipulated in Article 18 of the Competition Law.

2. A fine of from 5% to 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the enterprises being merged for merger activities as stipulated in Clause 1 of this Article if such mergers significantly increase the prices of goods and services in the relevant market.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the merging enterprise may also be subject to one or more supplementary sanctions and remedial measures as follows:

a) Revocation of the business registration certificate issued to the merging enterprise;

b) Compulsion to divide or separate the merging enterprise.

Article 27. Prohibited Acquisition Activities

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the acquiring enterprise for the prohibited acquisition of all or part of another enterprise's assets as stipulated in Article 18 of the Competition Law.

2. A fine of from 5% to 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on the acquiring enterprise for the acquisition activity as stipulated in Clause 1 of this Article if the acquiring enterprise coerces the acquired enterprise to sell all or part of its assets.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the acquiring enterprise must also be compelled to resell the portion of assets it has purchased.

Article 28. Prohibited Joint Venture Activities

1. A fine of up to 5% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each joint venture party as stipulated in Article 18 of the Competition Law for prohibited joint venture activities.

2. A fine of from 5% to 10% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on each joint venture party as stipulated in Clause 1 of this Article if the joint venture significantly increases the prices of goods and services in the relevant market.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the joint venture parties and the joint venture enterprise may also have their business registration certificates revoked.

Article 29. Failure to Report Economic Concentration

A fine of from 1% to 3% of total revenue in the fiscal year preceding the year in which the violation occurs shall be imposed on enterprises specified in Clause 1 of Article 25, Clause 1 of Article 26, Clause 1 of Article 27, and Clause 1 of Article 28 of this Decree for economic concentration without fulfilling the obligation to report as prescribed in Article 20 of the Competition Law.

Section 4
UNFAIR COMPETITION VIOLATIONS

Article 30. Misleading Indications

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Using indications containing misleading information about trade names, business slogans, business symbols, packaging, geographical indications to mislead customers' perceptions about their own goods and services and those of other enterprises with the aim of competition;

b) Trading goods and services that use misleading indications as stipulated in point a of this clause.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on misleading indication activities as stipulated in Clause 1 of this Article in any of the following cases:

a) The related goods or services are those specified in Point a, Clause 2, Article 10 of this Decree;

b) Goods and services are circulated and supplied over the territory of two or more provinces or centrally governed cities.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or more supplementary sanctions and remedial measures as follows:

a) Confiscation of property and means used to commit the violation, including confiscation of all profits obtained from committing the violation;

b) Compulsion to make a public correction.

Article 31. Acts of infringing trade secrets

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Accessing and collecting information constituting trade secrets by circumventing the security measures of the legitimate owner of such trade secrets;

b) Disclosing or using information constituting trade secrets without the permission of the owner of such trade secrets;

c) Violating confidentiality agreements or deceiving, taking advantage of the trust of persons bound by confidentiality obligations to access, collect, and disclose information constituting trade secrets of the owner of such trade secrets;

d) Accessing and collecting information constituting trade secrets of another person when that person is processing procedures under relevant laws related to business operations, product circulation procedures, or by circumventing the security measures of state agencies, or using such information for business purposes, applying for business-related permits, or circulating products.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the acts of infringing trade secrets specified in Clause 1 of this Article if they fall within any of the following circumstances:

a) Using trade secrets to produce and circulate goods, provide services across two provinces or centrally-administered cities or more;

b) Disclosing or providing trade secrets to competitors of the owner of such trade secrets.

3. In addition to the fine prescribed in Clause 1 of this Article, the violating enterprise may also have its assets and means of transportation used to commit the violation confiscated, including the total profits derived from committing the violation.

Article 32. Acts of forcing customers or business partners

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of forcing customers or business partners of another enterprise through threats or coercion to prevent them from transacting or ceasing transactions with that enterprise.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of forcing customers or the largest business partner of a competitor as provided in Clause 1 of this Article.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also have its assets and means of transportation used to commit the violation confiscated, including the total profits derived from committing the violation.

Article 33. Acts of slandering other enterprises

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of slandering other enterprises by indirectly disseminating false information affecting their reputation, financial status, and business activities.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of slandering other enterprises by directly disseminating false information affecting their reputation, financial status, and business activities.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to supplementary penalties and remedial measures as stipulated in Clause 3 of Article 30 of this Decree.

Article 34. Acts disrupting the business operations of other enterprises

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts disrupting the lawful business operations of other enterprises through direct or indirect actions that obstruct or interrupt their business activities.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts disrupting the business operations of other enterprises causing the disrupted enterprise to be unable to continue its normal business activities.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to supplementary penalties and remedial measures as stipulated in Clause 3 of Article 30 of this Decree.

Article 35. Acts of advertising aimed at unfair competition

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on one of the following acts of advertising:

a) Directly comparing goods or services with those of another enterprise;

b) Imitating another advertisement to cause confusion for customers;

c) Providing false or misleading information to customers about one of the following contents:

- Price, quantity, quality, utility, design, type, packaging, production date, shelf life, origin of goods, producer, place of production, processor, processing location;

- Usage methods, service methods, warranty period;

- Other false or misleading information.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on one of the violations stipulated in Clause 1 of this Article under one of the following circumstances:

a) The related goods or services are those specified in Point a, Clause 2, Article 10 of this Decree;

b) The scale of advertising covers two or more provinces or centrally-administered cities.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating enterprise may also be subject to one or several supplementary sanctions and remedial measures as provided for in Clause 3 of Article 30 of this Decree.

Article 36. Acts of promotion aimed at unfair competition

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on one of the following acts:

a) Organizing promotions with false information about prizes;

b) Promoting goods or services in an untruthful or misleading manner to deceive customers;

c) Discriminating against similar customers in different areas within the same promotional program;

d) Giving customers trial products but requiring them to exchange the same type of product produced by another enterprise that they are currently using for the enterprise's own products.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on one of the violations stipulated in Clause 1 of this Article under one of the following circumstances:

a) Goods or services promoted are items specified in point a, Clause 2, Article 10 of this Decree;

b) The scale of organizing promotions covers two or more provinces or centrally-administered cities.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, enterprises conducting promotional activities aimed at unfair competition may also be subject to one or several supplementary sanctions and remedial measures as provided for in Clause 3 of Article 30 of this Decree.

Article 37. Acts of discrimination by associations

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on one of the following acts:

a) Refusing membership or withdrawal from an association if such refusal is discriminatory and disadvantages the enterprise in competition;

b) Unreasonably restricting business activities or other activities related to the business objectives of member enterprises.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on one of the acts stipulated in Clause 1 of this Article under one of the following circumstances:

a) Repeatedly committing the violation against one enterprise;

b) Committing the violation against multiple enterprises simultaneously;

c) Unreasonably restricting to force member enterprises to withdraw from the association.

Article 38. Unfair Multi-Level Marketing Activities

1. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed on a multi-level marketing enterprise for one of the following acts:

a) Requiring a person wishing to join to deposit money to obtain the right to join the multi-level marketing network;

b) Requiring a person wishing to join to purchase an initial quantity of goods to obtain the right to join the multi-level marketing network;

c) Requiring a person wishing to join to pay a sum of money or any fee under the guise of training courses, seminars, social activities, or similar activities to obtain the right to join the multi-level marketing network, except for the cost of purchasing materials as stipulated in Clause 2, Article 6 of Decree No. 110/2005/NĐ-CP dated August 24, 2005 of the Government on the management of multi-level marketing activities;

d) Not committing to allow participants to return goods and recover the amount transferred to the enterprise according to Article 11 of Decree No. 110/2005/NĐ-CP dated August 24, 2005 of the Government on the management of multi-level marketing activities;

đ) Obstructing participants from returning goods arising from the termination of the multi-level marketing participation contract;

e) Allowing participants to receive commissions, bonuses, or other economic benefits mainly derived from enticing others to join the multi-level marketing network;

g) Providing false information about the benefits of joining the multi-level marketing network to entice participants to join the multi-level marketing network;

h) Providing misleading information about the nature and utility of goods to entice participants to join the multi-level marketing network.

2. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed on a multi-level marketing enterprise for one of the acts specified in Clause 1 of this Article if such multi-level marketing activities occur within the scope of two or more provinces or centrally-administered cities.

3. In addition to the fines prescribed in Clause 1 of this Article, an unfair multi-level marketing enterprise may also be subject to one or several supplementary sanctions and measures to remedy consequences as provided for in Clause 3, Article 30 of this Decree.

Section 5
VIOLATIONS OF OTHER LEGAL PROVISIONS ON COMPETITION

Article 39. Violations concerning the provision of information and documents

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Failing to provide or providing incomplete information and documents that the entity knows of upon request of the competent authority;

b) Providing information and documents not within the required time limit upon request of the competent authority;

c) Intentionally providing false information or documents or distorting information and documents;

d) Coercing others to provide false information or documents;

đ) Concealing or destroying information and documents related to competition cases;

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the acts specified in Clause 1 of this Article if the requested information and documents are particularly important for properly resolving the competition case.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating organization or individual may also be compelled to provide complete information and documents.

Article 40. Violations of other provisions related to the investigation and handling of competition cases

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Intentionally or negligently disclosing information and documents classified as confidential investigation material;

b) Disrupting the hearing session.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the acts specified in Clause 1 of this Article if the disclosed information and documents are particularly important for properly resolving the competition case.

3. In addition to the fines prescribed in Clauses 1 and 2 of this Article, the violating organization or individual shall also have their tools and means used to commit the violation confiscated.

Article 41. Agreement to Restrict Competition and Economic Concentration Before Exemption Decision

1. A fine of VND 30,000,000 to VND 50,000,000 but not exceeding 3% of the total revenue in the fiscal year preceding the year in which the violation occurred, shall be imposed on each participating enterprise in the agreement to restrict competition with a combined market share of 30% or more on the relevant market, before the decision granting exemption by the Minister of Trade, as stipulated in Article 10 of the Competition Law.

2. A fine of VND 30,000,000 to VND 50,000,000 but not exceeding 3% of the total revenue in the fiscal year preceding the year in which the violation occurred, shall be imposed on the acquiring and acquired enterprises in the concentration transaction, before the decision granting exemption by the Prime Minister or the Minister of Trade, as stipulated in Article 19 of the Competition Law.

3. A fine of VND 30,000,000 to VND 50,000,000 but not exceeding 3% of the total revenue in the fiscal year preceding the year in which the violation occurred, shall be imposed on the enterprises involved in the merger, before the decision granting exemption by the Prime Minister or the Minister of Trade, as stipulated in Article 19 of the Competition Law.

4. A fine of VND 30,000,000 to VND 50,000,000 but not exceeding 3% of the total revenue in the fiscal year preceding the year in which the violation occurred, shall be imposed on the acquiring enterprise in the acquisition transaction, before the decision granting exemption by the Prime Minister or the Minister of Trade, as stipulated in Article 19 of the Competition Law.

5. A fine of VND 30,000,000 to VND 50,000,000 but not exceeding 3% of the total revenue in the fiscal year preceding the year in which the violation occurred, shall be imposed on the corresponding joint venture parties in the joint venture transaction, before the decision granting exemption by the Prime Minister or the Minister of Trade, as stipulated in Article 19 of the Competition Law.

Chapter III
AUTHORITY AND PROCEDURES FOR HANDLING VIOLATIONS OF COMPETITION LAW
VIOLATIONS OF COMPETITION LAW

Section 1
AUTHORITY TO HANDLE VIOLATIONS OF COMPETITION LAW

Article 42. Competence of Competition Management Authority and Head of Competition Management Authority

1. For acts violating provisions on unfair competition and other acts violating competition laws stipulated in Section 5 Chapter II of this Decree, the Competition Management Authority shall have the following competences:

a) To issue warnings;

b) Fine;

c) Confiscate objects and means used to commit the violation;

d) Compel the violator to make public correction.

2. The Head of the Competition Management Authority has the competence to decide on applying, changing or revoking administrative preventive measures before transferring the competition case file to the Competition Council for handling.

Article 43. Competence of Competition Council and Competition Case Handling Council

For acts violating provisions on controlling anti-competitive practices, the Competition Council and Competition Case Handling Council shall have the following competences:

1. To issue warnings.

2. Imposing fines.

3. Confiscating objects and means used to commit the violation.

4. Applying measures prescribed in points c, d, đ, e, g, h, i and k Clause 4 Article 4 of this Decree.

5. Requesting competent authorities to revoke business registration certificates, revoke the right to use licenses and professional certificates.

6. Requesting competent authorities to apply measures prescribed in points a and b Clause 4 Article 4 of this Decree.

Article 44. Competence of Chairman of Competition Council

The Chairman of the Competition Council has the power to decide on applying, changing, or revoking administrative preventive measures after receiving the competition case file.

Article 45. Competence of Other Authorities

The competence to impose penalties on acts violating provisions on unfair competition related to intellectual property rights of other authorities shall be determined according to the provisions of the law on administrative violations.

Section 2
PROCEDURES FOR HANDLING VIOLATIONS OF COMPETITION LAWS

Article 46. Procedures for Handling Violations of Competition Laws

Procedures for handling violations of competition laws include the following procedures:

1. Procedures for handling acts violating provisions on controlling anti-competitive practices and unfair competition.

2. Procedures for applying, changing, and revoking administrative preventive measures.

3. Procedures for handling acts violating other provisions of competition laws.

Article 47. Procedures for Handling Acts Violating Provisions on Controlling Anti-Competitive Practices and Unfair Competition

Handling acts violating provisions on controlling anti-competitive practices and unfair competition must follow the procedures and procedures in competition proceedings prescribed in Chapter V of the Competition Law and the provisions in Chapter III of Decree No. 116/2005/NĐ-CP dated September 15, 2005 of the Government detailing implementation of certain provisions of the Competition Law.

Article 48. Procedures for Applying, Changing, and Revoking Administrative Preventive Measures

Procedures for applying, changing, and revoking administrative preventive measures shall be carried out in accordance with the provisions of Article 61 of the Competition Law and the provisions in Section 7 Chapter III of Decree No. 116/2005/NĐ-CP dated September 15, 2005 of the Government detailing implementation of certain provisions of the Competition Law.

Article 49. Recording Violations of Other Competition Law Provisions

1. When discovering violations of other competition law provisions as stipulated in Section 5 of Chapter II of this Decree, the authorized person must immediately issue an order to stop the violation and proceed to record the violation.

2. The contents of the record include:

a) Date, month, year, and location of recording;

b) Name, position of the recorder;

c) Name, address, occupation of the individual violator or name, address of the organization violator;

d) Date, month, year, and location where the violation occurred;

đ) Description of the violation;

e) Administrative preventive measures (if any);

g) Status of seized items and means (if any);

h) Statement of the individual violator or representative of the organization violator;

i) Name, address, statement of witnesses, victims or representatives of organizations affected (if any).

3. The record must be made in at least two copies; it must be signed by the recorder and the individual violator or representative of the organization violator; if there are witnesses, victims or representatives of organizations affected, they must also sign the record; in cases where the record consists of multiple pages, those persons specified in this clause must sign each page of the record. If the individual violator, representative of the organization violator, witness, victim or representative of the affected organization refuses to sign, the recorder must clearly state the reason in the record.

4. Upon completion, the record must be handed over to the individual or organization violator one copy; if the violation exceeds the authority of the recorder to handle, then that person must send the record to the authorized person for handling.

Article 50. Time Limit for Issuing Decision on Handling Violations of Other Competition Law Provisions

1. The time limit for issuing a decision on handling violations of other competition law provisions is ten days from the date of recording the violation of competition law; in cases with complex circumstances, this period is thirty days.

2. In cases requiring additional time for verification and evidence collection, the authorized person must report in writing to their direct superior to request an extension once but not exceeding thirty days; the extension must be in writing. Beyond this period, the authorized person may not issue a decision on handling the violation. If the authorized person fails to issue a decision within the prescribed time due to fault, they will be subject to legal sanctions.

Article 51. Decision on Handling Violations of Other Competition Law Provisions

1. The contents of the decision on handling violations of other competition law provisions include:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Name, address, occupation of the individual violator or name, address of the organization violator;

d) Violation behavior; related circumstances for resolving the violation; applicable articles and clauses of regulatory legal documents;

đ) Main form of penalty, supplementary form of penalty (if any), measures to mitigate consequences (if any);

e) Execution deadline, place, and signature of the decision maker;

g) Right to appeal against the decision on handling violations of other competition law provisions according to the law.

2. The decision on handling violations of other competition law provisions must clearly state that individuals or organizations being handled will be subject to compulsory enforcement if they do not voluntarily comply.

3. The decision on handling violations of other competition law provisions takes effect from the date of signing, except when another effective date is specified in the decision.

4. The decision on handling violations of other competition law provisions must be sent to the individual or organization being handled and the fine collection agency within three working days from the date of issuance of the decision on handling violations of other competition law provisions.

Article 52. Transfer of case files in cases of competition disputes indicating criminal offenses

If it is found that the violation has signs of a crime, the competent authority must transfer the case file, evidence, and means of violation to the criminal proceedings agency in accordance with Article 94 of the Competition Law. In cases where a decision on handling the violation has been issued, the agency issuing the decision on handling the violation must issue a decision to revoke the decision on handling the violation. Within three working days from the date of revoking the decision on handling the violation, the agency issuing the decision on handling the violation must transfer the violation case file to the criminal proceedings agency.

Section 3
PROCEDURES FOR ENFORCING DECISIONS ON HANDLING COMPETITION CASES AND OTHER VIOLATION DECISIONS UNDER THE COMPETITION LAW

Article 53. Enforcement of decisions on handling competition cases and other violation decisions under the Competition Law

1. The enterprise subject to the violation must comply with the decision on handling the competition case of the Competition Case Handling Council and the competition management agency within thirty days from the date the decision on handling the competition case becomes legally effective.

2. Organizations and individuals subject to other violation decisions under the Competition Law as stipulated in Section 5 Chapter II of this Decree must comply with the other violation decision under the Competition Law within ten days from the date they receive the decision on handling the violation under the Competition Law.

3. Upon expiration of the time limit specified in Clause 1 and 2 of this Article, if organizations and individuals subject to the violation do not voluntarily comply, they will be enforced compulsorily in accordance with Articles 55 and 56 of this Decree.

Article 54. Place for payment of fines

Organizations and individuals fined according to the decision on handling the competition case, other violation decisions under the Competition Law must pay the fine at the State Treasury Office recorded in the decision on handling the competition case, other violation decisions under the Competition Law.

Article 55. Compulsory enforcement of decisions on handling competition cases

1. Upon expiration of the time limit specified in Clause 1 of Article 53 of this Decree, if organizations and individuals subject to the violation do not voluntarily comply, do not initiate a lawsuit to the Court as stipulated in Section 7 Chapter V of the Competition Law, the party entitled to enforce the decision on handling the competition case has the right to submit a request to the competent authority specified in Clause 2 and 3 of this Article to organize the enforcement of the decision on handling the competition case within their functional responsibilities, tasks, powers.

2. The competent authority is responsible for revoking the business registration certificate, confiscating licenses and practice certificates issued by itself to enterprises violating competition laws according to the requirements of the Competition Case Handling Council in the decision on handling the competition case.

3. Other competent authorities are responsible for organizing the implementation of measures to restructure enterprises abusing dominant market positions, splitting or separating merged or consolidated enterprises, or forcing the sale of acquired parts of enterprises according to the requirements of the Competition Case Handling Council in the decision on handling the competition case.

4. The civil enforcement agency of the province or centrally administered city where the headquarters, residence, or assets of the party subject to enforcement are located is responsible for organizing the implementation of the part of the decision related to assets in the decision on handling the competition case according to the requirements of the party entitled to enforce the decision on handling the competition case.

Article 56. Enforcement of Decisions to Handle Violations of Competition Law Other Than Administrative Penalties

After the deadline specified in Clause 2 of Article 53 of this Decree, if organizations or individuals subject to violations of competition law other than administrative penalties do not voluntarily comply with such decisions, they will be enforced compulsorily according to the procedures stipulated in Articles 66 and 67 of the Ordinance on Handling Administrative Violations and Decree No. 37/2005/NĐ-CP dated March 18, 2005 detailing the procedures for applying compulsory measures to enforce administrative penalty decisions.

Chapter IV
SETTLEMENT OF COMPLAINTS AND REPORTS

Article 57. Complaints and Reports

1. Organizations or individuals subject to violations of competition law or their legitimate representatives have the right to complain to competent authorities regarding decisions on handling competition cases and decisions on handling violations of competition law other than administrative penalties made by the Competition Case Handling Council and competition management agencies, when there is evidence that such decisions are contrary to the law and infringe upon their lawful rights and interests.

2. Organizations or individuals subject to administrative preventive measures or their legitimate representatives have the right to complain to competent authorities regarding decisions on applying administrative preventive measures made by the Chairman of the Competition Council and the head of competition management agencies, when there is evidence that such decisions are contrary to the law and infringe upon their lawful rights and interests.

3. Every citizen has the right to report to competent authorities regarding acts violating the law during the process of handling competition law violations causing damage or threatening to cause damage to the interests of the State, the rights and lawful interests of agencies, organizations, and individuals.

4. Any organization or individual who makes false complaints or reports affecting the reputation of the person being complained about or reported against will be dealt with according to the provisions of the law.

Article 58. Resolution of Complaints Against Decisions to Handle Competition Cases of the Competition Case Handling Council and Competition Management Agencies

The resolution of complaints against decisions to handle competition cases of the Competition Case Handling Council and competition management agencies shall be carried out in accordance with the provisions of Section 7 Chapter V of the Competition Law and the provisions of Section 10 Chapter III of Decree No. 116/2005/NĐ-CP dated September 15, 2005 of the Government detailing certain provisions of the Competition Law.

Article 59. Resolution of Complaints Against Decisions to Handle Violations of Competition Law Other Than Administrative Penalties, Decisions on Applying Administrative Preventive Measures

The resolution of complaints against decisions to handle violations of competition law other than administrative penalties and decisions on applying administrative preventive measures shall be carried out in accordance with the provisions of the law on complaints and reports.

Article 60. Resolution of Reports

The resolution of citizens' reports on acts violating the law during the process of handling competition law violations shall be carried out in accordance with the provisions of the law on complaints and reports.

Article 61. Administrative Litigation

1. In cases where parties disagree with the decision resolving complaints of competent authorities as stipulated in Article 58 of this Decree, the parties concerned have the right to initiate administrative litigation concerning part or all of the content of the complaint resolution decision in accordance with Article 115 of the Competition Law.

2. In cases where parties disagree with the decision resolving complaints of competent authorities as stipulated in Article 59 of this Decree, the parties concerned have the right to initiate administrative litigation concerning part or all of the content of the complaint resolution decision in accordance with the provisions of the law on complaints and reports and the procedures for resolving administrative cases.

Chapter V
IMPLEMENTING PROVISIONS

Article 62. Effect of enforcement

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 63. Responsibility for enforcement

1. The Minister of Commerce shall be responsible for organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree./.