Law on Competition number 23/2018/QH14

 

LAW

COMPETITION

         

On the basis of The Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Competition Law.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on acts restricting competition, economic concentration affecting or having the potential to affect competition in the Vietnamese market; unfair competition acts; competition litigation; handling of violations of competition laws; state management of competition.

Article 2. Applicability

1. Business organizations and individuals (hereinafter referred to collectively as enterprises) including production and service supply enterprises for public utilities, enterprises operating in sectors and fields under state monopoly, public service units, and foreign enterprises operating in Vietnam.

2. Industry and profession associations operating in Vietnam.

3. Domestic and foreign agencies, organizations, and individuals related to this matter.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Industry and profession associations include industry associations and professional associations.

2. Restrictive competition act is an act causing or having the potential to cause restrictive effects on competition, including restrictive competition agreement acts, abuse of dominant market position acts, and abuse of monopoly position acts.

3. Restrictive effect on competition is an effect excluding, reducing, distorting, or hindering competition in the market.

4. Restrictive competition agreement is an act of agreement between parties in any form causing or having the potential to cause restrictive effects on competition.

5. Abuse of dominant market positionand abuse of monopoly position are acts of enterprises with a dominant market position or monopoly position causing or having the potential to cause restrictive effects on competition.

6. Unfair competition act is an enterprise act contrary to good faith, honesty, commercial customs, and other business standards, causing or potentially causing damage to the lawful rights and interests of other enterprises.

7. Relevant market is the market of goods and services that can substitute each other in terms of characteristics, purpose of use, and price within a specific geographic area with similar competitive conditions and significant differences from adjacent geographic areas.

8. Competition litigation is the activity of investigating, handling competition cases, and resolving complaints about competition case handling decisions according to the procedures and formalities prescribed in this Law.

9. Competition case is a case showing signs of violation of competition laws being investigated and handled according to this Law, including restrictive competition cases, economic concentration regulation violation cases, and unfair competition cases.

Article 4. Application of competition laws

1. This Law generally regulates competition relations. The investigation, handling of competition cases, exemption from prohibited restrictive competition agreements, and notification of economic concentration must comply with the provisions of this Law.

2. In cases where other laws provide different regulations on restrictive competition acts, forms of economic concentration, unfair competition acts, and handling of other unfair competition acts than those stipulated in this Law, such provisions shall be applied.

Article 5. Rights and principles of competition in business

1. Enterprises have the right to freely compete in accordance with the law. The State ensures the lawful right to compete in business.

2. Competitive activities must be conducted based on the principles of honesty, fairness, and healthiness, without infringing upon the interests of the State, public interest, and the lawful rights and interests of enterprises and consumers.

Article 6. State Policy on Competition

1. Establish and maintain a fair, equal, transparent, and healthy competitive environment.

2. Promote competition and ensure enterprises' freedom to compete in business as prescribed by law.

3. Enhance market access capabilities, improve economic efficiency, social welfare, and protect consumer rights.

4. Create conditions for society and consumers to participate in the process of monitoring the implementation of laws on competition.

Article 7. Responsibilities for State Management of Competition

1. The Government shall uniformly manage state affairs concerning competition.

2. The Ministry of Industry and Trade shall be the lead agency assisting the Government in implementing state management of competition.

3. Ministries and ministerial-level agencies, within their respective duties and authorities, shall have the responsibility to coordinate with the Ministry of Industry and Trade in implementing state management of competition.

4. Provincial People's Committees, within their respective duties and authorities, shall have the responsibility to implement state management of competition.

Article 8. Prohibited Conduct Related to Competition

1. State agencies shall not engage in conduct that impedes competition in the market as follows:

a) Compelling, requesting, or recommending businesses, agencies, organizations, or individuals to produce, purchase, sell goods, provide, or use specific services, or to purchase, sell goods, provide, or use services from specific businesses, except for goods and services in fields under state monopoly or in emergency situations as prescribed by law;

b) Discriminating between businesses;

c) Compelling, requesting, or recommending industry associations, other social-professional organizations, or businesses to collude with each other to limit competition in the market;

d) Misusing positions and powers to illegally interfere in competitive activities.

2. Organizations and individuals providing information, advocating, calling for, compelling, or organizing businesses to engage in conduct that limits competition or engages in unfair competition.

Chapter II

RELATED MARKET AND MARKET SHARE

Article 9. Determination of Related Market

1. A related market shall be determined based on the related product market and the related geographic market.

The related product market is the market of goods and services that can substitute each other in terms of characteristics, intended use, and price.

The related geographic market is a specific geographic area where goods and services provided can substitute each other under similar competitive conditions and significantly differ from adjacent geographic areas.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Article 10. Determination of Market Share and Combined Market Share

1. Based on the characteristics and nature of the related market, the market share of a business in the related market shall be determined according to one of the following methods:

a) The percentage ratio between the revenue generated by this business and the total revenue generated by all businesses in the related market monthly, quarterly, or annually;

b) The percentage ratio between the quantity purchased by this business and the total quantity purchased by all businesses in the related market monthly, quarterly, or annually;

c) The percentage ratio between the number of units of goods and services sold by this business and the total number of units of goods and services sold by all businesses in the related market monthly, quarterly, or annually;

d) The percentage ratio between the number of units of goods and services purchased by this business and the total number of units of goods and services purchased by all businesses in the related market monthly, quarterly, or annually.

2. The combined market share is the total market share in the related market of businesses participating in conduct that limits competition or economic concentration.

3. Revenue for determining market share as stipulated in Clause 1 of this Article shall be determined in accordance with Vietnamese accounting standards.

4. In cases where a business has been operating for less than one fiscal year, the revenue, quantity, number of units of goods and services sold, and purchased for determining market share as stipulated in Clause 1 of this Article shall be calculated from the time the business began operations until the time of market share determination.

5. The Government shall provide detailed regulations on this matter.

Chapter III

AGREEMENTS LIMITING COMPETITION

Article 11. Anti-competitive agreements

1. Agreements to fix prices of goods and services directly or indirectly.

2. Agreements to divide customers, allocate consumption markets, sources of supply of goods, and service provision.

3. Agreements to limit or control the quantity or volume of production, purchase, sale of goods, and service provision.

4. Agreements for one or more parties to the agreement to win bids when participating in tendering for the supply of goods and service provision.

5. Agreements to prevent, hinder, or exclude other enterprises from entering the market or developing business operations.

6. Agreements to remove from the market enterprises that are not parties to the agreement.

7. Agreements to restrict technological development or investment.

8. Agreements to impose or fix conditions for signing contracts for the purchase and sale of goods and service provision for other enterprises, or agreements compelling other enterprises to accept obligations unrelated directly to the subject matter of the contract.

9. Agreements not to deal with enterprises that are not parties to the agreement.

10. Agreements to restrict the consumption market for products, sources of supply of goods, and service provision of enterprises that are not parties to the agreement.

11. Other agreements that have an impact or potential to have an impact on restricting competition.

Article 12. Prohibited anti-competitive agreements

1. Anti-competitive agreements between enterprises operating in the same relevant market as specified in Clauses 1, 2, and 3 of Article 11 of this Law.

2. Anti-competitive agreements between enterprises as specified in Clauses 4, 5, and 6 of Article 11 of this Law.

3. Anti-competitive agreements between enterprises operating in the same relevant market as specified in Clauses 7, 8, 9, 10, and 11 of Article 11 of this Law if such agreements have a significant impact or potential to have a significant impact on restricting competition in the market.

4. Anti-competitive agreements between enterprises engaged in different stages of the same production, distribution, and service chain for a specific type of goods or service as specified in Clauses 1, 2, 3, 7, 8, 9, 10, and 11 of Article 11 of this Law if such agreements have a significant impact or potential to have a significant impact on restricting competition in the market.

Article 13. Assessment of Significant Impact on Restricting Competition of Anti-Competitive Agreements

1. The National Competition Commission assesses the significant impact or potential to have a significant impact on restricting competition of anti-competitive agreements based on the following factors:

a) Market share of enterprises participating in the agreement;

b) Barriers to entry and expansion of the market;

c) Restrictions on research and development, innovation, or technological capacity;

d) Reduction in access to or holding of essential infrastructure;

đ) Increase in costs and time for customers to purchase goods and services from enterprises participating in the agreement or when switching to related goods and services;

e) Hindering competition in the market through control over unique factors in the industry or sector related to enterprises participating in the agreement.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Article 14. Exemption from Prohibited Restrictive Competition Agreements

1. The restrictive competition agreements specified in Clauses 1, 2, 3, 7, 8, 9, 10, and 11 of Article 11 shall be exempted for a limited period if they are beneficial to consumers and meet one of the following conditions:

a) Promoting technical and technological progress, improving the quality of goods and services;

b) Enhancing the competitiveness of Vietnamese enterprises in the international market;

c) Promoting the uniform application of quality standards and technical norms for product types;

d) Unifying the terms of contract performance, delivery, and payment without relating to price and pricing factors.

2. Labor agreements and cooperation agreements in specific industries and fields implemented according to other laws shall be carried out in accordance with those laws.

Article 15. Submission of Application Documents for Exemption from Prohibited Restrictive Competition Agreements

1. An enterprise planning to participate in a prohibited restrictive competition agreement shall submit an application for exemption to the National Competition Commission.

2. The application documents for exemption from prohibited restrictive competition agreements include:

a) A form issued by the National Competition Commission;

b) Draft content of the agreement between the parties;

c) Copies of the Business Registration Certificate or equivalent documents of each participating enterprise in the prohibited restrictive competition agreement; copies of the Articles of Association of industry associations for cases where the prohibited restrictive competition agreement involves industry associations;

d) Financial reports of each participating enterprise in the prohibited restrictive competition agreement for the two consecutive years immediately preceding the year of submitting the application for exemption or financial reports from the date of establishment to the date of submission of the application for exemption for newly established enterprises, certified by an auditing organization in accordance with the law;

đ) A detailed explanatory report on compliance with Clause 1 of Article 14 of this Law, accompanied by evidence to prove such compliance;

e) Authorization documents of the parties participating in the prohibited restrictive competition agreement for the representative party (if applicable).

3. The enterprise submitting the application bears responsibility for the truthfulness of the application. Documents in the application in foreign languages must be accompanied by a Vietnamese translation.

Article 16. Acceptance of Application Documents for Exemption from Prohibited Restrictive Competition Agreements

1. The National Competition Commission is responsible for accepting application documents for exemption from prohibited restrictive competition agreements.

2. Within seven working days from the date of receiving the application for exemption, the National Competition Commission is responsible for notifying the applicant in writing about the completeness and validity of the application. In case the application is incomplete or invalid, the National Competition Commission is responsible for notifying in writing the specific contents that need to be amended or supplemented so that the parties can amend or supplement the application within thirty days from the date of issuance of the notification. If the deadline expires and the party requested has not amended or supplemented the application or has not done so adequately, the National Competition Commission will return the application for exemption.

3. After receiving notification that the application is complete and valid, the applicant must pay the review fee as prescribed by law on fees and charges.

4. The application is accepted from the date the applicant fulfills the obligation to pay the review fee.

Article 17. Request for Supplementing Information and Documents for Application of Exemption from Prohibited Restrictive Competition Agreements

1. After accepting the application for exemption from prohibited restrictive competition agreements, the National Competition Commission has the right to request the applicant to supplement necessary information and documents related to the implementation of the restrictive competition agreement.

2. In case the requested party does not supplement or supplements insufficiently the required information and documents, the National Competition Commission shall consider and decide based on the available information and documents.

Article 18. Consultation During the Examination of Applications for Exemption from Prohibited Restrictive Competition Agreements

1. The National Competition Commission has the right to seek opinions from relevant agencies, organizations, and individuals regarding the content of the prohibited restrictive competition agreement being applied for exemption.

2. Within fifteen days from the date of receiving the National Competition Commission's request for consultation, the consulted agency, organization, or individual must provide a written response and supply relevant information and documents concerning the consulted content.

Article 19. Withdrawal of Applications for Exemption from Prohibited Restrictive Competition Agreements

1. An enterprise has the right to withdraw its application for exemption from prohibited restrictive competition agreements. The withdrawal request must be in writing and submitted to the National Competition Commission.

2. The fee for reviewing the application will not be refunded to enterprises that withdraw their applications for exemption.

Article 20. Authority and Time Limit for Decisions on Exemption from Prohibited Restrictive Competition Agreements

1. The National Competition Commission issues a decision to approve or disapprove the exemption for the parties from prohibited restrictive competition agreements as stipulated in this Law; in cases where approval is not granted, the reasons must be clearly stated.

2. The time limit for issuing a decision on exemption is sixty days from the date of acceptance of the application.

3. For complex cases, the time limit for issuing a decision as provided in Clause 2 of this Article may be extended by the National Competition Commission but not exceeding thirty days. The extension must be notified in writing to the applicant at least three working days before the deadline for issuing the decision.

4. In case the National Competition Commission violates the procedures, formalities, and time limits for issuing decisions on exemption, enterprises have the right to lodge complaints or initiate lawsuits according to the law.

Article 21. Decision on Exemption from Prohibited Restrictive Competition Agreements

1. The decision on exemption from prohibited restrictive competition agreements must include the following main contents:

a) Name and address of the parties involved in the agreement;

b) Content of the agreement to be implemented;

c) Conditions and obligations of the parties involved in the agreement;

d) Duration of the exemption.

2. The decision on exemption from prohibited restrictive competition agreements must be sent to the parties involved in the agreement within seven working days from the date of issuance.

3. The duration of the exemption as provided in Point d Clause 1 of this Article shall not exceed five years from the date of issuance of the decision.

Ninety days prior to the expiration of the exemption period, upon the request of the parties involved in the agreement, the National Competition Commission shall examine and decide whether to continue or not to continue the exemption from prohibited restrictive competition agreements. If continued exemption is granted, the duration of the exemption shall not exceed five years from the date of issuance of the decision to continue the exemption.

Article 22. Implementation of Agreements Restricting Competition for Cases Eligible for Exemption

1. Parties to agreements restricting competition that meet the conditions for exemption as stipulated in Clause 1 of Article 14 of this Law shall only implement such agreements after receiving an exemption decision as provided for in Article 21 of this Law.

2. Parties to agreements restricting competition that are eligible for exemption must comply with the exemption decision as provided for in Article 21 of this Law.

Article 23. Revocation of Exemption Decisions for Prohibited Agreements Restricting Competition

1. The National Competition Commission decides to revoke the exemption decision in the following cases:

a) The conditions for exemption no longer exist;

b) Fraud is discovered in the application for exemption;

c) The enterprise benefiting from the exemption violates the conditions and obligations set forth in the exemption decision;

d) The exemption decision is based on inaccurate information or documents regarding the conditions for exemption.

2. In the case where the conditions for exemption no longer exist, the party benefiting from the exemption has the responsibility to notify the National Competition Commission to issue a decision to revoke the exemption decision.

3. The decision to revoke the exemption decision must be sent to the parties involved in the agreement within seven working days from the date of issuance of the decision.

Chapter IV

ABUSE OF DOMINANT MARKET POSITION AND ABUSE OF MONOPOLY POSITION

Article 24. Enterprises, Groups of Enterprises with Dominant Market Position

1. An enterprise is considered to have a dominant market position if it possesses significant market power as defined in Article 26 of this Law or holds a market share of 30% or more in the relevant market.

2. A group of enterprises is considered to have a dominant market position if they act together to limit competition and possess significant market power as defined in Article 26 of this Law or their combined market share falls under one of the following circumstances:

a) Two enterprises have a combined market share of 50% or more in the relevant market;

b) Three enterprises have a combined market share of 65% or more in the relevant market;

c) Four enterprises have a combined market share of 75% or more in the relevant market;

d) Five or more enterprises have a combined market share of 85% or more in the relevant market.

3. The group of enterprises with a dominant market position as stipulated in Clause 2 of this Article does not include enterprises with a market share of less than 10% in the relevant market.

Article 25. Enterprises with a Monopoly Position

An enterprise is considered to have a monopoly position if there is no other enterprise competing with respect to goods or services that the enterprise operates in the relevant market.

Article 26. Determination of Significant Market Power

1. The significant market power of an enterprise or a group of enterprises is determined based on the following factors:

a) The market share ratio among enterprises in the relevant market;

b) Financial strength and scale of the enterprise;

c) Barriers to entry and expansion of the market for other enterprises;

d) Ability to hold, access, and control distribution and consumption markets for goods and services or sources of supply for goods and services;

đ) Technological and technical infrastructure advantages;

e) Ownership, holding, and access to infrastructure;

g) Ownership and use rights over intellectual property objects;

h) Ability to switch to alternative supply or demand for related goods and services;

i) Special factors in the industry or sector in which the enterprise is operating.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Article 27. Prohibited acts of abusing dominant market position and monopoly position

1. Enterprises or groups of enterprises with a dominant market position shall not carry out the following acts:

a) Selling goods or providing services below full cost leading to or having the potential to eliminate competitors;

b) Imposing unreasonable purchase prices, sale prices for goods or services or setting minimum resale prices causing or having the potential to cause harm to customers;

c) Limiting production, distribution of goods or services, restricting markets, hindering technological or technical development causing or having the potential to cause harm to customers;

d) Applying different commercial conditions in similar transactions leading to or having the potential to prevent other enterprises from entering the market, expanding their market share, or eliminating other enterprises;

đ) Imposing conditions on other enterprises in the signing of purchase or sale contracts for goods or services or requiring other enterprises or customers to accept obligations unrelated directly to the subject matter of the contract, leading to or having the potential to prevent other enterprises from entering the market, expanding their market share, or eliminating other enterprises;

e) Preventing other enterprises from entering or expanding their market presence;

g) Acts of abusing a dominant market position are prohibited according to the provisions of other laws.

2. Enterprises with a monopoly position shall not carry out the following acts:

a) Acts prescribed in points b, c, d, đ and e of Clause 1 of this Article;

b) Imposing unfavorable conditions for customers;

c) Taking advantage of a monopoly position to unilaterally change or terminate contracts already concluded without justifiable reasons;

d) Acts of abusing a monopoly position are prohibited according to the provisions of other laws.

Article 28. Control over enterprises operating in state monopoly sectors

1. The State controls enterprises operating in state monopoly sectors through the following measures:

a) Determining purchase prices, sale prices for goods or services in state monopoly sectors;

b) Determining quantities, volumes, market scopes of goods or services in state monopoly sectors;

c) Guiding and organizing related markets concerning goods or services in state monopoly sectors in accordance with the provisions of this Law and other relevant laws.

2. When enterprises operating in state monopoly sectors engage in business activities outside the state monopoly sector, such business activities of the enterprise are not subject to the regulations stipulated in Clause 1 of this Article but still subject to other regulations of this Law.

Chapter V

ECONOMIC CONCENTRATION

Article 29. Forms of economic concentration

1. Economic concentration includes the following forms:

a) Merger of enterprises;

b) Consolidation of enterprises;

c) Acquisition of enterprises;

d) Joint ventures between enterprises;

đ) Other forms of economic concentration as prescribed by law.

2. Enterprise merger is the act where one or more enterprises transfer all assets, rights, obligations, and legitimate interests to another enterprise, while ceasing operations or existence of the merged enterprise.

3. Enterprise consolidation is the act where two or more enterprises transfer all assets, rights, obligations, and legitimate interests to form a new enterprise, while ceasing operations or existence of the consolidated enterprises.

4. Enterprise acquisition is the act where one enterprise directly or indirectly acquires all or part of the capital contribution, assets of another enterprise sufficient to control or dominate the acquired enterprise or a sector or profession of the acquired enterprise.

5. Joint venture between enterprises is the act where two or more enterprises jointly contribute a portion of their assets, rights, obligations, and legitimate interests to form a new enterprise.

Article 30. Economic concentration is prohibited

A business implementing economic concentration that affects or has the potential to significantly restrict competition on the Vietnamese market shall be subject to this prohibition.

Article 31. Assessment of the impact or potential to significantly restrict competition due to economic concentration

1. The National Competition Commission assesses the impact or potential to significantly restrict competition due to economic concentration based on one or a combination of the following factors:

a) The combined market share of businesses participating in economic concentration on the relevant market;

b) The level of concentration on the relevant market before and after economic concentration;

c) The relationship between businesses participating in economic concentration within the production, distribution, supply chain for a specific type of goods or service, or where the businesses' industries are inputs for each other or complement each other;

d) Competitive advantages gained from economic concentration on the relevant market;

đ) The potential for the post-economic concentration business to significantly increase prices or profit margins;

e) The potential for the post-economic concentration business to eliminate or prevent other businesses from entering or expanding in the market;

g) Special factors in the industry or sector in which the businesses participating in economic concentration operate.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Article 32. Assessment of positive impacts of economic concentration

1. The National Competition Commission assesses the positive impacts of economic concentration based on one or a combination of the following factors:

a) Positive effects on the development of industries, sectors, and science and technology according to national strategies and planning;

b) Positive effects on the development of small and medium-sized enterprises;

c) Enhanced competitiveness of Vietnamese businesses on the international market.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Article 33. Notification of economic concentration

1. Businesses participating in economic concentration must submit a notification filing for economic concentration to the National Competition Commission in accordance with Article 34 of this Law prior to conducting economic concentration if it falls within the threshold for notification of economic concentration.

2. The threshold for notification of economic concentration is determined based on one of the following criteria:

a) Total assets of businesses participating in economic concentration on the Vietnamese market;

b) Total revenue of businesses participating in economic concentration on the Vietnamese market;

c) Value of the transaction in economic concentration;

d) Combined market share of businesses participating in economic concentration on the relevant market.

3. The Government shall provide detailed regulations on this matter in accordance with economic and social conditions at different periods.

Article 34. Filing for notification of economic concentration

1. The filing for notification of economic concentration includes:

a) A notification of economic concentration in the form prescribed by the National Competition Commission;

b) Draft content of the agreement on economic concentration or draft contract, memorandum of understanding on economic concentration between businesses;

c) Certified true copies of the Business Registration Certificate or equivalent documents of each business participating in economic concentration;

d) Financial statements of each business participating in economic concentration for the two consecutive years immediately preceding the year of notification of economic concentration, or financial statements from the date of establishment to the date of notification of economic concentration for newly established businesses, confirmed by an auditing organization in accordance with the law;

đ) List of parent companies, subsidiaries, affiliated companies, branches, representative offices, and other dependent units of each business participating in economic concentration (if applicable);

e) List of types of goods and services currently being operated by each business participating in economic concentration;

g) Information about market shares in the intended economic concentration sector of each business participating in economic concentration for the two consecutive years immediately preceding the year of notification of economic concentration;

h) Plan to mitigate the potential to significantly restrict competition due to economic concentration;

i) Report on the assessment of positive impacts of economic concentration and measures to enhance positive impacts of economic concentration.

2. The business submitting the filing for notification of economic concentration bears responsibility for the truthfulness of the filing. Documents in the filing in a foreign language must be accompanied by a Vietnamese translation.

Article 35. Acceptance of Notifications on Economic Concentration

1. The National Competition Commission shall be responsible for accepting notifications on economic concentration.

2. Within seven working days from the date of receiving the notification on economic concentration, the National Competition Commission shall notify in writing to the party submitting the notification about its completeness and validity.

In case the notification is incomplete or invalid, the National Competition Commission shall notify in writing the specific contents that need to be amended or supplemented so that the parties can amend or supplement the notification within thirty days from the date of issuance of the notification.

When the deadline expires and the party requested does not amend or supplement the notification or amends or supplements it incompletely according to the requirements, the National Competition Commission shall return the notification on economic concentration.

Article 36. Preliminary Review of Economic Concentration

1. The National Competition Commission shall be responsible for conducting a preliminary review of economic concentration. The content of the preliminary review of economic concentration includes:

a) The combined market share of businesses participating in economic concentration on the relevant market;

b) The level of concentration on the relevant market before and after economic concentration;

c) The relationship between participating enterprises in economic concentration in production, distribution, supply chains for a certain type of goods or service, or industries or trades where participating enterprises are inputs for each other or complement each other.

2. Within thirty days from the date of receiving a complete and valid notification on economic concentration, the National Competition Commission must issue a notification of the results of the preliminary review of economic concentration regarding one of the following contents:

a) Economic concentration may proceed;

b) Economic concentration requires a formal review.

3. Upon expiration of the period specified in Clause 2 of this Article, if the National Competition Commission has not issued a notification of the results of the preliminary review, the economic concentration may proceed and the National Competition Commission shall not issue a notification with the content specified in Point b Clause 2 of this Article.

4. The Government shall provide detailed regulations on Clause 1 of this Article and criteria for determining economic concentration requiring a formal review as specified in Point b Clause 2 of this Article.

Article 37. Formal Review of Economic Concentration

1. The National Competition Commission shall conduct a formal review of economic concentration within ninety days from the date of issuing the notification of the results of the preliminary review as specified in Point b Clause 2 of this Law.

For complex cases, the National Competition Commission may extend the formal review period but not exceeding sixty days and notify in writing the enterprise submitting the notification on economic concentration.

2. The content of the formal review of economic concentration includes:

a) Assessing the impact or potential significant restriction of competition resulting from economic concentration as stipulated in Article 31 of this Law and measures to mitigate such restrictions;

b) Assessing the positive impact of economic concentration as stipulated in Article 32 of this Law and measures to enhance such positive impacts;

c) Synthesizing the overall assessment of the potential for restricting competition and enhancing positive impacts of economic concentration to serve as a basis for considering and deciding on economic concentration.

Article 38. Supplementing Information on Economic Concentration

1. During the formal review process of economic concentration, the National Competition Commission may request enterprises to submit additional information and documents in their notification of economic concentration, but not more than twice.

2. Enterprises submitting notifications of economic concentration shall be responsible for supplementing relevant information and documents related to the economic concentration and shall bear responsibility for the completeness and accuracy of such supplementary information and documents as required by the National Competition Commission.

3. In cases where the party requested does not supplement or supplements incompletely the information and documents as required, the National Competition Commission shall consider and decide based on the available information and documents.

4. The time for supplementing information and documents as stipulated in Clause 2 of this Article shall not be counted towards the deadline for reviewing economic concentration as prescribed in Clause 1 of Article 37 of this Law.

Article 39. Seeking Advice during the Review Process of Economic Concentration

1. During the review process of economic concentration, the National Competition Commission has the right to seek advice from sectoral management agencies where the participating enterprises operate.

Within fifteen days from the date of receipt of the advisory request document from the National Competition Commission, the agency being consulted shall be responsible for providing a written response regarding the advisory content.

2. During the review process of economic concentration, the National Competition Commission may seek opinions from other relevant enterprises, organizations, and individuals.

Article 40. Obligation to Provide Information and Documents of Relevant Agencies, Organizations, and Individuals in the Review Process of Economic Concentration

1. Relevant agencies, organizations, and individuals shall be responsible for providing complete, accurate, and timely information and documents as required by the National Competition Commission during the review process of economic concentration, except where otherwise provided by law.

2. The National Competition Commission shall be responsible for maintaining confidentiality of the information and documents provided according to the provisions of the law.

Article 41. Decision on Economic Concentration

1. After completing the formal review of economic concentration, based on the content of the formal review, the National Competition Commission shall issue a decision on one of the following contents:

a) Economic concentration may proceed;

b) Economic concentration with conditions as prescribed in Article 42 of this Law;

c) Economic concentration falling under the prohibited category.

2. The decision on economic concentration as stipulated in Clause 1 of this Article must be sent to the participating enterprises within five working days from the date of issuance.

3. If the National Competition Commission issues a decision beyond the deadline and causes damage to the enterprise, it shall compensate for the damage according to the provisions of the law.

Article 42. Conditional Economic Concentration

Conditional economic concentration is economic concentration that must meet one or several of the following conditions:

1. Dividing, separating, or selling part of the capital contribution or assets of the participating enterprises;

2. Controlling the content related to purchase prices, sale prices of goods and services, or other transaction conditions in contracts of enterprises formed after economic concentration;

3. Other measures aimed at mitigating the potential impact on competition in the market;

4. Other measures aimed at enhancing the positive impact of economic concentration.

Article 43. Implementation of Economic Concentration

1. Enterprises subject to economic concentration as stipulated at point a, Clause 2, Clause 3, Article 36 and points a, b, Clause 1, Article 41 of this Law shall proceed with the economic concentration procedures in accordance with the laws on enterprises and other relevant laws.

2. Enterprises participating in economic concentration as provided for at point b, Clause 1, Article 41 of this Law must fully comply with the conditions for economic concentration as set forth in the decision on economic concentration of the National Competition Commission both before and after implementing economic concentration.

Article 44. Violations of Provisions on Economic Concentration

1. An enterprise fails to report economic concentration as prescribed by this Law.

2. An enterprise implements economic concentration without the preliminary assessment result notification of the National Competition Commission as stipulated in Clause 2, Article 36 of this Law, except in cases provided for in Clause 3, Article 36 of this Law.

3. An enterprise that must undergo a formal review of economic concentration implements such economic concentration before the National Competition Commission issues the decision as provided for in Article 41 of this Law.

4. An enterprise does not implement or does not fully implement the conditions reflected in the decision on economic concentration as stipulated at point b, Clause 1, Article 41 of this Law.

5. An enterprise implements economic concentration in the case provided for at point c, Clause 1, Article 41 of this Law.

6. An enterprise implements economic concentration prohibited as provided for in Article 30 of this Law.

Chapter VI

UNFAIR COMPETITIVE PRACTICES PROHIBITED

Article 45. Unfair Competitive Practices Prohibited

1. Infringement of business confidential information in the following forms:

a) Accessing and collecting business confidential information by circumventing the security measures of the information owner;

b) Disclosing or using business confidential information without permission from the information owner.

2. Coercing customers or business partners of another enterprise through threatening or coercive behavior to prevent them from transacting or ceasing transactions with that enterprise.

3. Providing false information about another enterprise by directly or indirectly disseminating false information about the enterprise, thereby adversely affecting its reputation, financial status, or business operations.

4. Disrupting the business operations of another enterprise by directly or indirectly hindering or interrupting its lawful business activities.

5. Illegally soliciting customers through the following means:

a) Providing misleading or deceptive information to customers about the enterprise or goods, services, promotions, transaction conditions related to goods and services provided by the enterprise to attract customers of another enterprise;

b) Comparing its goods or services with those of another enterprise of the same type without substantiating the comparison content.

6. Selling goods or providing services below full cost leading to or likely to lead to the elimination of another enterprise operating in the same goods or service category.

7. Other unfair competitive practices prohibited under other laws.

Chapter VII

NATIONAL COMPETITION COMMISSION

Article 46. National Competition Committee

1. The National Competition Committee is an agency under the Ministry of Industry and Trade comprising the Chairman, Vice Chairmen, and members.

The competition case investigation agency and other functional units are the support machinery of the National Competition Committee.

2. The National Competition Committee has the following tasks and powers:

a) Advising the Minister of Industry and Trade to perform state management functions regarding competition;

b) Conducting competition litigation; monitoring economic concentration; deciding on exemptions from prohibited restrictive competition agreements; resolving complaints about competition case handling decisions and other tasks as prescribed by this Law and other relevant laws.

3. The Government shall provide detailed regulations on the tasks, powers, and organizational structure of the National Competition Committee.

Article 47. Chairman of the National Competition Committee

The Chairman of the National Competition Committee is the head, responsible for law regarding the organization and operation of the National Competition Committee.

Article 48. Members of the National Competition Committee

1. Members of the National Competition Committee perform the task of participating in the Council for Handling Restrictive Competition Cases, the Council for Resolving Complaints about Decisions on Handling Restrictive Competition Cases according to the procedures and litigation processes stipulated in this Law.

2. The maximum number of members of the National Competition Committee is fifteen people, including the Chairman of the National Competition Committee and other members. Members of the National Competition Committee are civil servants of the Ministry of Industry and Trade, related ministries and sectors, experts, and scientists.

3. Members of the National Competition Committee are appointed by

4. The term of office of members of the National Competition Committee is five years and may be reappointed.

Article 49. Qualifications of Members of the National Competition Committee

1. They must be Vietnamese citizens with good moral character, integrity, and honesty.

2. They must have a bachelor's degree or higher in one of the fields of law, economics, or finance.

3. They must have at least nine years of actual work experience in one or more of the areas specified in Clause 2 of this Article.

Article 50. Competition Case Investigation Agency

1. The Competition Case Investigation Agency belongs to the National Competition Committee and has the function of investigating acts violating the provisions of this Law.

2. The Competition Case Investigation Agency has the following tasks and powers:

a) Collecting and receiving information to detect acts that appear to violate competition law;

b) Organizing the investigation of competition cases;

c) Recommending the application, modification, or revocation of measures to prevent and ensure administrative violations are handled during the investigation and resolution of competition cases;

d) Implementing investigative business methods during the investigation process in accordance with the law;

đ) Other tasks assigned by the Chairman of the National Competition Committee.

Article 51. Head of the Competition Case Investigation Agency

1. The Head of the Competition Case Investigation Agency is appointed and relieved of duty by the Chairman of the National Competition Committee.

2. The Head of the Competition Case Investigation Agency is responsible for organizing the activities of the Competition Case Investigation Agency to fulfill the functions, tasks, and powers stipulated in Article 50 of this Law.

Article 52. Competition case investigator

1. The competition case investigator shall be appointed and relieved from duty by the Chairman of the National Competition Authority.

2. The competition case investigator shall perform the task of investigating competition cases according to the assignment of the head of the competition case investigation agency.

Article 53. Standards for competition case investigators

1. Being a Vietnamese citizen with good moral character, integrity, and honesty.

2. Being a civil servant of the National Competition Authority.

3. Having a bachelor's degree or higher in one of the following fields: law, economics, finance, and information technology.

4. Having at least five years of actual work experience in one or more of the fields specified in Clause 3 of this Article.

5. Receiving training and further education in specialized knowledge and professional skills related to investigation.

Chapter VIII

COMPETITION PROCEEDINGS

Section 1

GENERAL PROVISIONS

Article 54. Principles of competition proceedings

1. The activities of competition proceedings agencies, competition proceeding officials, and participants in competition proceedings, as well as organizations, entities, and individuals involved, must comply with the provisions of this Law.

2. Competition proceedings agencies, competition proceeding officials, and participants in competition proceedings, within their scope of responsibility, authority, and obligations, must keep confidential information related to competition cases and business secrets of enterprises as prescribed by law.

3. Respecting the rights and legitimate interests of enterprises, organizations, and individuals involved during the competition proceedings process.

Article 55. Languages and scripts used in competition proceedings

The languages and scripts used in competition proceedings are Vietnamese. Participants in competition proceedings have the right to use their own language and script, provided that there must be an interpreter in such cases.

Article 56. Evidence

1. Evidence is anything real used as a basis to determine whether there is a violation of competition laws, whether the enterprise has committed a violation, and other circumstances relevant to resolving the competition case.

2. Evidence can be collected from the following sources:

a) Readable, audible, visible documents, electronic data;

b) Physical evidence;

c) Testimony of witnesses;

d) Statements and explanations of the complainant party, the investigated party, or related organizations and individuals;

đ) Expert conclusions;

e) Records during the investigation and handling of competition cases;

g) Other documents, objects, or sources as prescribed by law.

3. The determination of evidence is regulated as follows:

a) Readable documents are considered evidence if they are original or certified copies with legal certification or provided and confirmed by related organizations, entities, or individuals with authority;

b) Audible and visible documents are considered evidence if they are presented along with a written statement by the person holding the document about its origin if they recorded it themselves, or a confirmation document by the person who provided the document to the presenter about its origin, or a document regarding the matter related to the recording;

c) Electronic data messages are expressed in the form of electronic data exchange, electronic vouchers, emails, telegrams, telexes, faxes, and similar forms as prescribed by law on electronic transactions;

d) Physical evidence must be original items related to the case;

đ) Testimonies of witnesses; statements and explanations of the complainant party, the respondent party, the investigated party, or related organizations and individuals are considered evidence if they are recorded in writing, audio tapes, audio discs, video tapes, video discs, or other devices storing sound and images as prescribed in points a and b of this clause, or given orally at a hearing;

e) Expert conclusions are considered evidence if the examination was conducted according to procedures prescribed by law.

4. The Government shall provide detailed regulations on this matter.

Article 57. Responsibilities for Coordination and Support in Handling Competition Cases

1. Authorities and persons with jurisdiction shall be responsible for coordinating and supporting the investigation and resolution of competition cases within their functions, tasks, and powers, upon request from the National Competition Commission, the Investigation Authority for Competition Cases, and the Council for Resolving Restrictive Competition Cases.

2. Enterprises, authorities, organizations, and individuals shall be responsible for providing complete, accurate, and timely information and documents under their management or possession related to competition cases, upon request from the National Competition Commission, the Investigation Authority for Competition Cases, and the Council for Resolving Restrictive Competition Cases.

Section 2

AUTHORITIES AND PERSONS CONDUCTING COMPETITION PROCEEDINGS

Article 58. Authorities and Persons Conducting Competition Proceedings

1. Authorities conducting competition proceedings include:

a) The National Competition Commission;

b) The Council for Resolving Restrictive Competition Cases;

c) The Council for Resolving Appeals on Decisions to Resolve Restrictive Competition Cases;

d) The Investigation Authority for Competition Cases;

2. Persons conducting competition proceedings include:

a) The Chairman of the National Competition Commission;

b) The Chairman of the Council for Resolving Restrictive Competition Cases;

c) Members of the Council for Resolving Restrictive Competition Cases;

d) Members of the Council for Resolving Appeals on Decisions to Resolve Restrictive Competition Cases;

đ) Heads of the Investigation Authority for Competition Cases;

e) Investigators of Competition Cases;

g) Secretaries of Hearing Sessions.

Article 59. Tasks and Powers of the Chairman of the National Competition Commission when Conducting Competition Proceedings

1. To decide on the establishment of the Council for Resolving Restrictive Competition Cases to resolve restrictive competition cases and designate the hearing session secretary from among the civil servants of the National Competition Commission.

2. To decide on changes to members of the Council for Resolving Restrictive Competition Cases and the hearing session secretary.

3. To establish the Council for Resolving Appeals on Decisions to Resolve Restrictive Competition Cases and concurrently serve as its Chairman.

4. To resolve appeals against decisions on handling violations of economic concentration regulations or unfair competition.

5. To request competent authorities to apply, change, or revoke preventive measures and ensure administrative violation handling during the investigation and resolution of competition cases according to the law on administrative violation handling.

6. To decide on handling violations of economic concentration regulations.

7. To decide on handling unfair competition cases.

8. Other tasks and powers as prescribed by this Law.

Article 60. Council for Resolving Restrictive Competition Cases

1. The Council for Resolving Restrictive Competition Cases is established by the Chairman of the National Competition Commission to handle specific restrictive competition cases. The Council ceases operations and dissolves itself upon completion of its tasks. The Council for Resolving Restrictive Competition Cases operates independently and only adheres to the law.

2. The number of members of the Council for Resolving Restrictive Competition Cases is three or five, selected by the Chairman of the National Competition Commission from among the members of the National Competition Commission, including one member designated as the Chairman of the Council for Resolving Restrictive Competition Cases.

3. When handling restrictive competition cases, the Council for Resolving Restrictive Competition Cases operates based on the principle of collective decision-making, with decisions made by majority vote.

Article 61. Tasks and Authorities of the Competition Restriction Case Handling Council, Chairperson, and Members of the Council

1. The Competition Restriction Case Handling Council has the following tasks and authorities:

a) Decide to convene a hearing session;

b) Summon participants in the hearing session;

c) Summon witnesses at the request of the parties;

d) Decide on requesting an expert opinion; decide to change the expert or interpreter;

đ) Request the Competition Investigation Agency to conduct supplementary investigations;

e) Decide to suspend the handling of competition restriction cases;

g) Decide on the handling of competition restriction cases;

h) Propose the Chairman of the National Competition Commission to perform tasks and authorities as stipulated in Clause 2 and Clause 5 of Article 59 of this Law;

i) Other tasks and authorities as prescribed by this Law.

2. The Chairperson of the Competition Restriction Case Handling Council has the following tasks and authorities:

a) Organize the handling of competition restriction cases;

b) Convene and chair meetings of the Competition Restriction Case Handling Council;

c) Sign documents of the Competition Restriction Case Handling Council;

d) Other tasks and authorities as prescribed by this Law.

3. Members of the Competition Restriction Case Handling Council have the following tasks and authorities:

a) Fully participate in meetings of the Competition Restriction Case Handling Council;

b) Discuss and vote on issues within the tasks and authorities of the Competition Restriction Case Handling Council.

Article 62. Tasks and Authorities of the Head of the Competition Investigation Agency when conducting competition litigation

1. The Head of the Competition Investigation Agency has the following tasks and authorities:

a) Decide to investigate competition cases based on approval from the Chairman of the National Competition Commission;

b) Decide to assign competition case investigators;

c) Require agencies, organizations, and individuals to provide documents, information, objects, and explanations related to the content of the case upon the request of the competition case investigator;

d) Decide to change competition case investigators;

đ) Decide to request an expert opinion; decide to change the expert or interpreter during the investigation;

e) Decide to summon witnesses at the request of the parties;

g) Decide to extend the investigation period, decide to suspend the investigation of competition cases based on approval from the Chairman of the National Competition Commission;

h) Recommend the Chairman of the National Competition Commission to request competent authorities to apply, change, or revoke preventive measures and guarantees for administrative violation handling during the investigation;

i) Conclude the investigation of competition cases;

k) Participate in hearings;

l) Other tasks and authorities as prescribed by this Law.

2. Upon completion of the investigation process, the Head of the Competition Investigation Agency signs the investigation conclusion of the competition case; transfers the investigation report, investigation conclusion, and all case files to the Chairman of the National Competition Commission.

Article 63. Tasks and Authorities of the Competition Case Investigator when conducting competition litigation

1. Conduct the investigation of competition cases according to the assignment of the Head of the Competition Investigation Agency.

2. Prepare an investigation report after completing the investigation of the competition case.

3. Safeguard provided documents.

4. Be responsible before the Head of the Competition Investigation Agency and the law regarding the performance of their tasks and authorities.

5. Participate in hearings.

6. Implement investigative procedural measures during the investigation in accordance with the provisions of the law.

7. Recommend the Head of the Competition Investigation Agency to decide on extending, suspending, and concluding the investigation of the competition case, requesting an expert opinion, changing the expert or interpreter during the investigation.

8. Report to the Head of the Competition Investigation Agency to recommend the Chairman of the National Competition Commission to request competent authorities to apply preventive measures and guarantees for administrative violation handling during the investigation.

9. Other tasks and authorities as prescribed by this Law.

Article 64. Duties and powers of the hearing secretary

1. Prepare necessary professional tasks before the commencement of the hearing.

2. Publicize the rules of the hearing.

3. Report to the Competition Restriction Case Handling Council on the presence or absence of persons summoned to attend the hearing.

4. Record the minutes of the hearing.

5. Perform other tasks assigned by the Chairman of the Competition Restriction Case Handling Council.

Article 65. Change of Competition Litigation Conductors

1. Members of the Competition Restriction Case Handling Council, competition case investigators, and hearing secretaries must refuse to conduct competition litigation or be replaced if they fall under any of the following circumstances:

a) They are relatives of the investigated party or the complainant;

b) They have rights and obligations related to the competition case;

c) There is clear evidence that they cannot be impartial when performing their duties.

2. The Chairman of the National Competition Commission decides on his own or upon the proposal of the Competition Restriction Case Handling Council to replace members of the Competition Restriction Case Handling Council and hearing secretaries.

3. At the hearing, if it is necessary to replace members of the Competition Restriction Case Handling Council and hearing secretaries, the Competition Restriction Case Handling Council shall issue a decision to postpone the hearing, while recommending the Chairman of the National Competition Commission to replace members of the Competition Restriction Case Handling Council and hearing secretaries. The postponement period shall not exceed fifteen days from the date of the postponement decision.

Section 3

PARTICIPANTS IN COMPETITION LITIGATION

Article 66. Participants in Competition Litigation

1. Complainant.

2. Respondent to complaint.

3. Investigated party.

4. Party with rights and obligations related to the case.

5. Legal representative of the complainant, respondent to complaint, investigated party, and party with rights and obligations related to the case.

6. Witness.

7. Expert.

8. Interpreter.

Article 67. Rights and Obligations of the Complainant, Respondent to Complaint, and Investigated Party

1. The complainant, an organization or individual whose complaint file is accepted and reviewed by the National Competition Commission for investigation as prescribed in Article 77 of this Law, has the following rights:

a) The rights stipulated in Clause 3 of this Article;

b) To request the Chairman of the National Competition Commission to require competent authorities to apply preventive measures and ensure administrative violation handling during the investigation and resolution of the competition case.

2. The respondent to complaint, an organization or individual complained about for violating competition laws, has the following rights:

a) To be informed of information regarding the complaint;

b) To explain the contents of the complaint.

3. The investigated party, an organization or individual decided by the National Competition Commission to investigate in cases prescribed in Article 80 of this Law, has the following rights:

a) To participate in all stages of the competition litigation process;

b) To provide information, documents, and objects to protect their legitimate rights and interests;

c) To be informed of information, documents, and objects provided by the complainant or the Competition Case Investigation Agency;

d) To study documents in the competition case file and to record or copy necessary documents in the competition case file to protect their legitimate rights and interests, except for documents and evidence that are not allowed to be disclosed according to the law;

e) To participate and present opinions at the hearing;

f) To request the summoning of witnesses;

g) To request expert examination;

h) To request the replacement of competition litigation conductors and participants in competition litigation;

i) To authorize a legal representative to participate in competition litigation;

j) To request the Competition Case Investigation Agency and the Competition Restriction Case Handling Council to accept parties with rights and obligations related to the case to participate in competition litigation;

k) Other rights as prescribed by law.

4. The investigated party and the complainant have the following obligations:

a) To provide complete, truthful, accurate, and timely information, documents, and objects related to their complaints and requests;

b) To be present as required by the Competition Case Investigation Agency and the Competition Restriction Case Handling Council;

c) Not to disclose investigative secrets known during participation in competition litigation; not to use recorded or copied documents in the competition case file for purposes that infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals;

d) To comply with decisions of the National Competition Commission, the Competition Restriction Case Handling Council, and the Competition Case Investigation Agency.

Article 68. Representative of the interests of the complainant, the respondent, the investigated party, and related parties

1. The representative of the interests of the complainant, the respondent, the investigated party, and related parties is a person who is requested in writing by the complainant, the respondent, the investigated party, or related parties to participate in competition proceedings to protect their legitimate rights and interests.

2. The following persons may act as representatives of the interests of the complainant, the respondent, the investigated party, and related parties:

a) Lawyers in accordance with the laws on lawyers;

b) Vietnamese citizens with full civil capacity, possessing legal knowledge, not currently under criminal investigation, and without a criminal record.

3. The representative of the interests of the complainant, the respondent, the investigated party, and related parties may protect the legitimate rights and interests of multiple parties in the same case if those parties' legitimate rights and interests are not conflicting. Multiple representatives of the interests may jointly protect the legitimate rights and interests of one party in the case.

4. When registering as a representative of the interests of the complainant, the respondent, the investigated party, and related parties, the registrant must present a written request for protection of the complainant's, respondent's, investigated party's, or related parties' legitimate rights and interests.

5. When participating in competition proceedings, the representative of the interests of the complainant, the respondent, the investigated party, and related parties has the following rights and obligations:

a) To participate in all stages of the competition litigation process;

b) Verify, collect information and evidence, and provide information and evidence to protect the legitimate rights and interests of the party they represent;

c) Study materials in the competition case file and be allowed to take notes or photocopy necessary documents in the competition case file to carry out the protection of the legitimate rights and interests of the party they represent;

d) Be authorized to represent the party they represent in requesting changes to the competition proceeding investigator or participants;

đ) Respect the truth and the law; shall not bribe, coerce, or incite others to make false statements or provide false documents;

e) Attend according to the summons or subpoena issued by the National Competition Commission, the Investigation Agency of the Competition Case, or the Competition Restriction Case Resolution Board;

g) Shall not disclose investigative secrets known during participation in competition proceedings; shall not use documents recorded or photocopied from the competition case file for purposes that infringe upon the interests of the State, the legitimate rights and interests of organizations or individuals;

h) Other rights and obligations as prescribed by law.

Article 69. Witness

1. A person who knows facts relevant to the content of the competition case may be summoned by the Investigation Agency of the Competition Case or the Competition Restriction Case Resolution Board to participate in competition proceedings as a witness. A person lacking civil capacity cannot be a witness.

2. A witness has the following rights and obligations:

a) To provide all documents, papers, and objects they possess that are related to the resolution of the competition case; to truthfully report to the Investigation Agency of the Competition Case or the Competition Restriction Case Resolution Board about all relevant facts they know regarding the resolution of the competition case;

b) To attend hearings and present before the Competition Restriction Case Resolution Board;

c) To be granted leave from work during the time the Investigation Agency of the Competition Case or the Competition Restriction Case Resolution Board summons them to attend hearings or take statements, if they are employed by an agency, organization, or enterprise;

d) To be reimbursed for related expenses as prescribed by law;

đ) To refuse to testify if testifying would involve state secrets, professional secrets, business secrets, personal privacy, or if testifying would have a negative impact on the complainant or the investigated party who is a close relative;

e) To compensate for damages and bear legal responsibility for false testimony causing damage to the complainant, the investigated party, or other organizations or individuals;

g) To be present at the hearing according to the subpoena of the Competition Restriction Case Resolution Board if the witness's testimony must be given publicly at the hearing;

h) To swear before the Investigation Agency of the Competition Case or the Competition Restriction Case Resolution Board to fulfill their rights and obligations, except when the witness is a minor;

i) To be protected in accordance with the law.

3. If a witness refuses to testify, gives false testimony, provides false documents, or fails to appear without a valid reason when summoned by the Investigation Agency of the Competition Case or the Competition Restriction Case Resolution Board, they shall bear legal responsibility as prescribed by law, except in cases stipulated in point đ clause 2 of this Article.

Article 70. Appraiser

1. The appraiser is a person who has knowledge and necessary expertise in the relevant field for the appraisal, requested by the Head of the Competition Investigation Agency or the Competition Restriction Case Handling Council, or proposed by related parties when the Head of the Competition Investigation Agency or the Competition Restriction Case Handling Council refuses to request an appraisal.

2. The appraiser shall have the following rights and obligations:

a) To read documents in the competition case file related to the object of appraisal; to request agencies, organizations, those requesting the appraisal, and those proposing the appraisal to provide necessary documents for the appraisal;

b) To ask questions of participants in the competition proceedings regarding issues related to the object of appraisal;

c) To be present at the summons of the agency conducting the competition proceedings, to answer questions related to the appraisal and to conclude the appraisal truthfully, based on evidence, and objectively;

d) To notify in writing the agency requesting the appraisal or the party proposing the appraisal about the inability to conduct the appraisal due to the appraisal exceeding their professional capacity, insufficient or unusable provided materials;

đ) To keep the received documents and return them along with the appraisal conclusion or notification of the inability to conduct the appraisal to the agency requesting the appraisal or the party proposing the appraisal;

e) Not to collect materials themselves to conduct the appraisal; not to contact other participants in the competition proceedings if such contacts affect the impartiality of the appraisal results; not to disclose confidential information known during the appraisal process; not to announce the appraisal results to others except for the agency conducting the proceedings or the party proposing the appraisal when the Head of the Competition Investigation Agency or the Competition Restriction Case Handling Council refuses to request the appraisal;

g) To be reimbursed for related expenses according to the provisions of the law.

3. If the appraiser refuses to issue an appraisal conclusion without a valid reason, issues a false appraisal conclusion, or fails to appear at the summons of the agency conducting the competition proceedings without a valid reason, they shall bear responsibility under the law.

4. The appraiser must refuse to participate in the competition proceedings or be replaced in the following cases:

a) Being a complainant, investigated party, or a person with interests and obligations related to the case, or being a relative of the complainant, investigated party, or a person with interests and obligations related to the case;

b) Having previously participated in the competition proceedings as a legal representative, witness, or interpreter in the same competition case;

c) Having clear grounds indicating that they may not be impartial in performing their duties.

Article 71. Interpreter

1. The interpreter is a person capable of translating from another language into Vietnamese and vice versa when there is a participant in the competition proceedings who cannot use Vietnamese. The interpreter can be requested by the Competition Investigation Agency or the Competition Restriction Case Handling Council to interpret or selected by the complainant, investigated party, or a person with interests and obligations related to the case, or agreed upon by the parties but must be approved by the Competition Investigation Agency or the Competition Restriction Case Handling Council.

2. The interpreter shall have the following rights and obligations:

a) To be present at the summons;

b) To interpret truthfully, objectively, and accurately;

c) To request the competition proceeding handler or participant to explain the content needing interpretation;

d) Not to contact other participants in the competition proceedings if such contacts affect the truthfulness, objectivity, and accuracy of the interpretation;

đ) To be reimbursed for related expenses according to the provisions of the law.

3. The interpreter must refuse to participate in the competition proceedings or be replaced in the following cases:

a) Being a complainant, investigated party, or a person with interests and obligations related to the case, or being a relative of the complainant, investigated party, or a person with interests and obligations related to the case;

b) Having previously participated in the competition proceedings as a legal representative, witness, or appraiser in the same competition case;

c) Having clear grounds indicating that they may not be impartial in performing their duties.

4. The provisions of this Article also apply to persons understanding the signs of participants in the competition proceedings who are hearing-impaired or speech-impaired. In cases where only the representative or relative of a hearing-impaired or speech-impaired participant understands their signs, the representative or relative may be accepted by the Competition Investigation Agency or the Competition Restriction Case Handling Council to act as an interpreter for that impaired person.

Article 72. Persons with Related Rights and Obligations

1. Persons with related rights and obligations are those who do not have complaints in competition cases, are not the investigated party, but whose rights and obligations are affected by the resolution of the competition case, thus they may request themselves or be requested by the complainant or the investigated party to participate in the proceedings as persons with related rights and obligations, and such requests are accepted by the Competition Case Investigation Agency or the Competition Restriction Case Handling Council.

2. Persons with related rights and obligations may independently request or join the competition proceedings with the complainant or the investigated party. The procedure for independent requests by persons with related rights and obligations shall be carried out according to the complaint procedure for competition cases.

3. If persons with related rights and obligations independently request or join the competition proceedings with the complainant or only have rights, they shall have the rights and obligations as prescribed in Clause 1 and Clause 4 of Article 67 of this Law.

4. If persons with related rights and obligations join the competition proceedings with the investigated party or only have obligations, they shall have the rights and obligations as prescribed in Clause 3 and Clause 4 of Article 67 of this Law.

Article 73. Refusal of Appraisal or Interpretation or Request for Replacement of Appraiser or Interpreter

The refusal of appraisal or interpretation or the request for replacement of appraiser or interpreter must be recorded in writing, stating the reasons.

Article 74. Decision on Replacement of Appraiser or Interpreter

1. The replacement of appraiser or interpreter is decided by the Head of the Competition Case Investigation Agency, except in the cases provided for in Clause 2 of this Article.

2. During the handling of competition restriction cases, the Competition Restriction Case Handling Council decides on the replacement of appraiser or interpreter.

In the event that it is necessary to replace the appraiser or interpreter during the hearing session, the Competition Restriction Case Handling Council shall issue a decision to postpone the hearing session. The process of requesting another appraiser or appointing another interpreter shall be carried out in accordance with Articles 70 and 71 of this Law.

Section 4

PROCEDURE AND PROCEDURES FOR INVESTIGATION AND HANDLING OF COMPETITION CASES

Article 75. Provision of Information on Violative Acts

1. Organizations and individuals discovering acts suspected of violating competition laws shall have the responsibility to report and provide information and evidence to the National Competition Commission.

2. Organizations and individuals shall be responsible for providing truthful information and evidence to the National Competition Commission.

3. Upon request, the National Competition Commission shall take necessary measures to keep confidential the information and identity of organizations and individuals providing information and evidence.

Article 76. Acceptance, Verification, and Evaluation of Information on Violative Acts

1. The National Competition Commission shall be responsible for accepting, verifying, and evaluating information and evidence about acts suspected of violating competition laws provided by organizations and individuals.

2. The National Competition Commission has the right to request organizations and individuals specified in Clause 1 of Article 75 of this Law to provide additional information and evidence to clarify the violation.

Article 77. Competition Dispute Complaints

1. Organizations and individuals who believe that their legitimate rights and interests have been infringed upon due to acts violating competition laws may file a competition dispute complaint with the National Competition Commission.

2. The statute of limitations for filing a complaint is three years from the date the act showing signs of violating competition laws was committed.

3. The complaint dossier includes:

a) A complaint form issued by the National Competition Commission;

b) Evidence to prove the contents of the complaint are based on facts and are lawful;

c) Other relevant information and evidence that the complainant deems necessary for resolving the case.

4. The complainant shall be responsible for the truthfulness of the information and evidence provided to the National Competition Commission.

Article 78. Acceptance and Examination of Complaint Dossiers

1. Within seven working days from the date of receipt of the complaint dossier, the National Competition Commission has the responsibility to examine the completeness and validity of the complaint dossier; if the complaint dossier is complete and valid, the National Competition Commission will notify the complainant of the acceptance of the dossier while simultaneously notifying the respondent.

2. Within fifteen days from the date of notification to the parties concerned as stipulated in Clause 1 of this Article, the National Competition Commission examines the complaint dossier; if the complaint dossier does not meet the requirements set forth in Clause 3 of Article 77 of this Law, the National Competition Commission will notify the complainant in writing about the need to supplement the complaint dossier.

The deadline for supplementing the complaint dossier is no more than thirty days from the date of receipt of the notification requesting supplementation of the complaint dossier. The National Competition Commission may extend the time for supplementing the dossier once but not exceeding fifteen days at the request of the complainant.

3. Within the deadlines specified in Clauses 1 and 2 of this Article, the complainant has the right to withdraw the complaint dossier and the National Competition Commission will suspend the examination of the complaint dossier.

Article 79. Return of Complaint Dossier

The National Competition Commission returns the competition dispute complaint dossier in the following cases:

1. The statute of limitations for filing a complaint has expired;

2. The complaint is not within the jurisdiction of the National Competition Commission;

3. The complainant has not supplemented the dossier fully as required under Clause 2 of Article 78 of this Law;

4. The complainant requests withdrawal of the complaint dossier.

Article 80. Decision to Investigate Competition Cases

The head of the Competition Case Investigation Agency issues a decision to investigate competition cases in the following situations:

1. The competition dispute complaint meets the requirements set forth in Article 77 of this Law and does not fall under the circumstances stipulated in Article 79 of this Law;

2. The National Competition Commission discovers acts showing signs of violating competition laws within three years from the date such acts were committed.

Article 81. Investigation Period for Competition Cases

1. The investigation period for restrictive competition cases is nine months from the date of issuance of the investigation decision; for complex cases, it can be extended once but not exceeding three months.

2. The investigation period for cases involving violations of economic concentration regulations is ninety days from the date of issuance of the investigation decision; for complex cases, it can be extended once but not exceeding sixty days.

3. The investigation period for unfair competition cases is sixty days from the date of issuance of the investigation decision; for complex cases, it can be extended once but not exceeding forty-five days.

4. Any extension of the investigation must be notified to the investigated party and related parties at least seven working days before the end of the investigation period.

Article 82. Application of preventive measures and assurance for administrative violation handling during investigation and resolution of competition cases

1. During the process of investigating and resolving competition cases, the Chairman of the National Competition Commission, within the scope of their duties and authority, may request competent authorities to apply preventive measures and assurance for administrative violation handling as follows, in accordance with the law on administrative violation handling:

a) Seizure of evidence, means of violation, licenses, and professional certificates;

b) Inspection of transport vehicles and objects;

c) Inspection of places where evidence and means of violation are hidden.

2. The Government shall stipulate the procedures and formalities for applying preventive measures and assurance for administrative violation handling during the investigation and resolution of competition cases.

Article 83. Taking Statements

1. Competition case investigators shall take statements from the complainant, the investigated party, persons with rights and obligations related to the case, witnesses, and other relevant organizations and individuals to collect and verify necessary information and evidence for resolving the competition case.

2. The taking of statements as provided for in Clause 1 of this Article shall be conducted at the premises of the National Competition Commission. In cases of necessity, the taking of statements may be conducted outside the premises of the National Competition Commission.

3. The statement record must be read back to or heard by the declarant and signed or marked by the declarant on each page. The declarant has the right to request amendments and supplements to be recorded in the statement record and sign or mark to confirm. The record must also bear the signature of the person taking the statement and the recorder on each page.

4. In the event that the declarant refuses to sign or mark the statement record, the competition case investigator taking the statement must note this in the record and specify the reason.

Article 84. Summoning Witnesses During Investigation

1. During the investigation, the parties have the right to request the Competition Case Investigation Authority to summon witnesses. The party requesting the summons of a witness must present the necessary reasons for having a witness so that the Competition Case Investigation Authority can make a decision.

2. The taking of statements from witnesses must be recorded in a record according to the provisions of Article 83 of this Law.

Article 85. Transfer of Files When Criminal Offense Indicators Are Discovered

1. During the investigation, when criminal offense indicators are discovered, the competition case investigator must report to the head of the Competition Case Investigation Authority for consideration and recommend the Chairman of the National Competition Commission to transfer part or all of the files related to the criminal offense indicators to the competent state agency for handling in accordance with the law.

2. If it is determined that there is no basis or no criminal case will be initiated regarding competition violations, the competent state agency shall return the file to the National Competition Commission for continued investigation in accordance with this Law. The investigation period shall be calculated from the date the National Competition Commission receives the file back.

Article 86. Suspension of Investigation

The head of the Competition Case Investigation Authority shall issue a decision to suspend the investigation of the competition case in the following circumstances:

1. During the investigation, it is not possible to gather evidence to prove the violation as prescribed by this Law;

2. The complainant withdraws the complaint file and the investigated party commits to ceasing the investigated behavior, commits to implementing remedial measures, and obtains the approval of the Competition Case Investigation Authority;

3. In the case of conducting the investigation as prescribed in Clause 2 of Article 80 of this Law, the investigated party commits to ceasing the investigated behavior, commits to implementing remedial measures, and obtains the approval of the Competition Case Investigation Authority.

Article 87. Restoration of Investigation

1. The head of the Competition Investigation Agency shall restore the investigation on their own initiative or at the request of the Chairman of the National Competition Council or upon the proposal of the relevant parties in the following cases:

a) The investigated party does not implement, implements incorrectly, or incompletely fulfills the commitments as stipulated in Clause 2 and Clause 3 of Article 86 of this Law;

b) The approval of the investigated party's commitment is based on incomplete, inaccurate, or misleading information provided by the parties.

2. The period for investigation after the decision to restore the investigation is four months.

Article 88. Investigation Report

1. After completing the investigation, the competition case investigator shall prepare an investigation report containing the main contents below to submit to the head of the Competition Investigation Agency:

a) Summary of the case;

b) Identification of the violation;

c) Circumstances and evidence verified;

d) Recommendations for handling measures.

2. The head of the Competition Investigation Agency shall issue an investigation conclusion and transfer the competition case file, investigation report, and investigation conclusion to the Chairman of the National Competition Council for organization of handling according to the provisions of this Law.

Article 89. Handling of Violations of Economic Concentration Regulations

1. Within thirty days from the date of receipt of the case file, investigation report, and investigation conclusion, the Chairman of the National Competition Council must issue one of the following decisions:

a) Handle the economic concentration regulation violation case;

b) Request the Competition Investigation Agency to conduct supplementary investigation if it is found that the collected evidence is insufficient to determine the violation of competition law regulations. The supplementary investigation period is thirty days from the date of the decision;

c) Suspend the resolution of the economic concentration regulation violation case.

2. The period for handling the economic concentration regulation violation case in the event of supplementary investigation is twenty days from the date of receipt of the case file, investigation report, and supplementary investigation conclusion.

Article 90. Handling of Unfair Competition Cases

1. Within fifteen days from the date of receipt of the case file, investigation report, and investigation conclusion, the Chairman of the National Competition Council must issue one of the following decisions:

a) Handle the unfair competition case;

b) Request the Competition Investigation Agency to conduct supplementary investigation if it is found that the collected evidence is insufficient to determine the violation of competition law regulations. The supplementary investigation period is thirty days from the date of the decision;

c) Suspend the resolution of the unfair competition case.

2. The period for handling the unfair competition case in the event of supplementary investigation is ten days from the date of receipt of the case file, investigation report, and supplementary investigation conclusion.

Article 91. Handling of Anti-Competitive Practices Cases

1. Within fifteen days from the date of receipt of the case file, investigation report, and investigation conclusion, the Chairman of the National Competition Council must issue a decision to establish a Board to handle anti-competitive practices cases to resolve the anti-competitive practices case.

2. Within thirty days from the date of establishment, the Board to handle anti-competitive practices cases may request the Competition Investigation Agency to conduct supplementary investigation if it is found that the collected evidence is insufficient to determine the violation of competition law regulations. The supplementary investigation period is sixty days from the date of the request.

3. Within sixty days from the date of establishment or the date of receipt of the supplementary investigation report and conclusion, the Board to handle anti-competitive practices cases must issue a decision to suspend the resolution of the competition case as stipulated in Article 92 of this Law or issue a decision to handle the competition case as stipulated in Article 94 of this Law.

4. Before issuing a decision to handle the anti-competitive practices case, the Board to handle anti-competitive practices cases must hold a hearing as stipulated in Article 93 of this Law.

5. The Board to handle anti-competitive practices cases issues a decision to handle the anti-competitive practices case based on discussion, secret ballot, and majority decision.

Article 92. Suspension of Competition Case Proceedings

1. The Chairman of the National Competition Commission shall consider deciding to suspend the proceedings of cases involving violations of economic concentration regulations and unfair competition cases in the following circumstances:

a) The complainant withdraws the complaint and the investigated party commits to ceasing the investigated conduct and implementing measures to remedy the consequences.

b) In cases where an investigation is conducted pursuant to Clause 2 of Article 80 of this Law, the investigated party commits to ceasing the investigated conduct and implementing measures to remedy the consequences.

2. The Anti-restriction Competition Case Handling Council shall consider deciding to suspend the proceedings of anti-restriction competition cases in the following circumstances:

a) The complainant withdraws the complaint and the investigated party commits to ceasing the investigated conduct and implementing measures to remedy the consequences.

b) In cases where an investigation is conducted pursuant to Clause 2 of Article 80 of this Law, the investigated party commits to ceasing the investigated conduct and implementing measures to remedy the consequences.

3. The decision to suspend the proceedings of competition cases must be sent to the complainant, the investigated party, and made public.

Article 93. Hearing Session

1. At least fifteen days before the deadline specified in Clause 3 of Article 91 of this Law, the Anti-restriction Competition Case Handling Council must convene a hearing session.

2. The hearing session shall be held publicly. In cases where the content of the hearing relates to state secrets or business secrets, it may be held in private.

3. The decision to convene a hearing session and the summons for participation in the hearing session must be sent to the complainant, the investigated party, and related organizations and individuals at least five working days before the date of the hearing session; if summoned to participate in the hearing session by the Anti-restriction Competition Case Handling Council but absent without a valid reason or summoned to participate in a legitimate hearing session for the second time and still absent, the Anti-restriction Competition Case Handling Council will continue to handle the competition case according to the regulations.

4. Participants in the hearing session include:

a) Members of the Anti-restriction Competition Case Handling Council;

b) The complainant;

c) The investigated party;

d) The representative protecting the lawful rights and interests of the complainant and the investigated party;

đ) Head of the Competition Investigation Agency and competition investigators who have investigated the competition case;

e) Hearing session secretary;

g) Persons with related rights and obligations and other persons recorded in the decision to convene the hearing session.

5. At the hearing session, participants present their opinions and debate to protect their lawful rights and interests. Opinions and debates at the hearing session must be recorded in the minutes.

Article 94. Decision on Handling Competition Cases

1. The decision on handling competition cases includes the following main contents:

a) Summary of the case content;

b) Analysis of the case;

c) Conclusion on handling the case.

2. The decision on handling competition cases must be served to relevant organizations and individuals within five working days from the date of signing.

3. Serving the decision on handling competition cases must be carried out by one or more of the following methods:

a) Directly;

b) By post;

c) Through a third party authorized.

4. If the decision on handling competition cases cannot be served by any of the methods prescribed in Clause 3 of this Article, the decision must be publicly posted or announced through mass media.

Article 95. Effectiveness of the Decision on Competition Case Handling

The decision on competition case handling shall take legal effect from the date when the complaint period prescribed in Article 96 of this Law ends, except for cases stipulated in Clause 2 of Article 99 of this Law.

Section 5

COMPLAINT RESOLUTION OF THE DECISION ON COMPETITION CASE HANDLING

Article 96. Complaint against the Decision on Competition Case Handling

Within thirty days from the date of receipt of the decision on competition case handling, organizations or individuals who disagree with part or all of the contents of the decision on competition case handling have the right to lodge a complaint with the Chairman of the National Competition Commission.

Article 97. Complaint Petition on the Decision on Competition Case Handling

1. The complaint petition on the decision on competition case handling must contain the following main contents:

a) Date of lodging the complaint petition;

b) Name and address of the complainant;

c) Number, date, and year of the decision on competition case handling being complained about;

d) Reasons for the complaint and demands of the complainant;

e) Signature and seal (if any) of the complainant.

2. The complaint petition on the decision on competition case handling shall be accompanied by additional information and evidence (if any) to prove that the complaint is based on facts and is lawful.

Article 98. Acceptance of Complaint Petitions on the Decision on Competition Case Handling

Within ten days from the date of receipt of the complaint, the Chairman of the National Competition Commission has the responsibility to accept and resolve the complaint, notify in writing the complainant and related parties about the content of the complaint petition; if not accepting and resolving the complaint, he/she must reply in writing and specify the reasons.

Article 99. Consequences of Complaining about the Decision on Competition Case Handling

1. The decision on competition case handling being complained about continues to be enforced, except for cases stipulated in Clause 2 of this Article.

2. During the process of resolving complaints, if it is found that enforcing part or all of the decision on competition case handling being complained about will cause difficult-to-remedy consequences, the Chairman of the National Competition Commission issues a decision to temporarily suspend the enforcement of part or all of that decision. The temporary suspension decision of the Chairman of the National Competition Commission shall cease to be effective from the date when the decision on resolving the complaint about the decision on competition case handling takes legal effect.

Article 100. Resolution of Complaints about the Decision on Competition Case Handling

1. The resolution of complaints regarding restrictive competition cases is regulated as follows:

a) Within five working days from the date of acceptance of the complaint petition, the Chairman of the National Competition Commission decides to establish a Complaint Resolution Board including the Chairman of the National Competition Commission and all other members of the National Competition Commission, excluding those members who participated in the Restrictive Competition Case Handling Board;

b) Issuing a decision on complaint resolution requires at least two-thirds of the total number of Complaint Resolution Board members to participate. The complaint resolution decision is passed by majority vote; in case of equal votes, the decision is made according to the opinion of the Chairman of the Complaint Resolution Board;

c) The time limit for resolving complaints is thirty days from the date of issuing the decision to establish the Complaint Resolution Board.

2. The resolution of complaints regarding violations of economic concentration regulations and unfair competition is regulated as follows:

a) After accepting the complaint petition, the Chairman of the National Competition Commission has the responsibility to resolve the complaint within his/her authority;

b) The time limit for resolving complaints is thirty days from the date of accepting the complaint petition.

3. For complex cases, the time limit for resolving complaints prescribed in Clauses 1 and 2 of this Article may be extended but not exceeding forty-five days.

Article 101. Decision on Resolving Complaints about Competition Case Handling Decisions

1. Maintain the competition case handling decision.

2. Amend part or all of the competition case handling decision.

3. Revoke the competition case handling decision for reprocessing in the following cases:

a) The composition of the Competition Restriction Case Handling Council does not comply with the provisions of this Law;

b) There are serious violations of competition proceedings;

c) New circumstances arise that may lead to a fundamental change in the competition case handling decision which could not be known during the investigation and handling of the competition case.

4. In the event that the competition case handling decision is revoked according to the provisions of Clause 3 of this Article, the Chairman of the National Competition Commission shall return the file to the Investigation Agency of the Competition Case or establish the Competition Restriction Case Handling Council in accordance with the provisions of this Law. Members of the Competition Restriction Case Handling Council and investigators who violate the provisions stipulated in Point a and Point b of Clause 3 of this Article shall not continue to participate in the investigation and handling of this case.

Article 102. Effectiveness of the Decision on Resolving Complaints

1. The decision on resolving complaints about competition case handling decisions takes legal effect from the date of signing.

2. Within five working days from the date of signing, the decision on resolving complaints about competition case handling decisions must be sent to relevant organizations and individuals for enforcement.

Article 103. Initiating Legal Action against the Decision on Resolving Complaints

1. If disagreeing with the decision on resolving complaints, organizations and individuals have the right to initiate legal action against part or all of the contents of the decision on resolving complaints about competition case handling decisions at the competent court according to the Administrative Procedure Law within thirty days from the date of receiving the decision on resolving complaints about competition case handling decisions.

2. In the event that the court accepts the lawsuit according to the provisions of Clause 1 of this Article, the National Competition Commission has the responsibility to transfer the competition case file to the court within ten days from the date of receiving the court's request.

Chapter 6

ANNOUNCEMENT OF DECISIONS OF THE NATIONAL COMPETITION COMMISSION

Article 104. Decisions Required to Be Publicly Announced

1. The following decisions must be publicly announced, except for the content stipulated in Article 105 of this Law:

a) Decision granting exemption from prohibited restrictive competition agreements;

b) Decision on economic concentration;

c) Decision on handling competition cases;

d) Decision suspending the processing of competition cases;

e) Decision on resolving complaints about competition case handling decisions.

2. The National Competition Commission shall publicly announce the decisions specified in Clause 1 of this Article after the decision has taken legal effect.

Article 105. Content Not to Be Announced

The Chairman of the National Competition Commission decides not to announce content related to state secrets and business secrets of enterprises in the decisions specified in Clause 1 of Article 104 of this Law.

Article 106. Publication of Announced Decision Content

The content permitted to be announced in the decisions specified in Clause 1 of Article 104 of this Law must be published on the National Competition Commission’s electronic information website continuously for ninety days from the date the decision takes legal effect.

Article 107. Publication and posting of annual activity report of the National Competition Commission

The National Competition Commission shall publish and post the annual activity report on its official electronic information website.

Section 7

INTERNATIONAL COOPERATION IN THE COMPETITION LITIGATION PROCESS

Article 108. International cooperation in the competition litigation process

1. The National Competition Commission conducts activities to cooperate with foreign competition agencies during the competition litigation process to promptly detect, investigate, and handle acts that appear to violate competition laws.

2. The scope of international cooperation in the competition litigation process includes consultation, exchange of information and documents, or other forms of international cooperation in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 109. Principles of international cooperation in the competition litigation process

1. International cooperation in competition litigation is carried out based on the principles of respecting national independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality and mutual benefit, consistent with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

2. In cases where the Socialist Republic of Vietnam has not signed or joined relevant international treaties, international cooperation in competition litigation shall be conducted on the principle of reciprocity but must not contravene the Constitution, laws of Vietnam, and comply with international law and international custom.

Chapter IX

HANDLING VIOLATIONS OF COMPETITION LAWS

Article 110. Principles for handling violations, forms of punishment for violations, and measures to remedy the consequences of violating competition laws

1. Organizations and individuals who commit acts violating competition laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if such acts cause damage to state interests or the legitimate rights and interests of organizations and individuals, they must compensate for the losses in accordance with the law.

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

a) Warning;

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 or equivalent document, deprivation of the right to use licenses or professional certificates;

b) Confiscation of objects and means used to violate competition laws;

c) Confiscation of profits obtained from the implementation of the violation.

4. In addition to the forms of punishment prescribed in Clauses 2 and 3 of this Article, organizations and individuals violating competition laws may also be subject to one or more of the following remedial measures:

a) Restructuring enterprises abusing dominant market positions or monopolies;

b) Removing provisions violating the law from contracts, agreements, or business transactions;

c) Dividing, separating, or selling part or all of the capital contribution or assets of enterprises formed through economic concentration;

d) Being subject to price control by competent state authorities regarding the purchase and sale prices of goods and services or other conditions in contracts of enterprises formed through economic concentration;

đ) Public correction;

e) Other necessary measures to mitigate the impact of the violation.

5. The Government shall provide detailed regulations on forms of punishment and remedial measures for each act of violating competition laws.

Article 111. Fine for violations of competition law

1. The maximum fine for acts violating the provisions on restrictive competition agreements, abuse of dominant market position, and abuse of monopoly position shall be 10% of the total revenue of the enterprise committing the violation on the relevant market in the fiscal year immediately preceding the year in which the violation occurred, but shall not exceed the minimum fine prescribed under the Penal Code for such violations.

2. The maximum fine for acts violating the provisions on economic concentration shall be 05% of the total revenue of the enterprise committing the violation on the relevant market in the fiscal year immediately preceding the year in which the violation occurred.

3. The maximum fine for acts violating the provisions on unfair competition practices shall be VND 2,000,000,000.

4. The maximum fine for other acts violating the provisions of this Law shall be VND 200,000,000.

5. The maximum fines prescribed in Clauses 1, 2, 3, and 4 of this Article shall apply to the violations committed by organizations; for individuals committing the same violations of competition law, the maximum fine shall be half of the maximum fine for organizations.

6. The Government shall provide detailed regulations on fines for violations of the provisions of this Law.

Article 112. Leniency Policy

1. An enterprise that voluntarily reports to assist the National Competition Commission in detecting, investigating, and handling prohibited restrictive competition agreements as stipulated in Article 12 of this Law shall be exempted from or have its penalty reduced according to the leniency policy.

2. The Chairman of the National Competition Commission shall decide on the exemption or reduction of penalties under the leniency policy.

3. The exemption or reduction of penalties prescribed in Clause 1 of this Article shall be implemented based on the following conditions being met:

a) Has participated or is participating as a party to a restrictive competition agreement as stipulated in Article 11 of this Law;

b) Voluntarily reports the violation before the competent authority issues an investigation decision;

c) Truthfully reports and provides all information and evidence obtained about the violation, which is significant for detecting, investigating, and handling the violation;

d) Fully cooperates with the competent authority throughout the investigation and handling process of the violation.

4. The provision in Clause 1 of this Article shall not apply to enterprises that compel or organize other enterprises to participate in the agreement.

5. The leniency policy shall apply to no more than three enterprises that first submit applications for leniency to the National Competition Commission and meet the conditions prescribed in Clause 3 of this Article.

6. The criteria for determining enterprises eligible for leniency are as follows:

a) Order of reporting;

b) Time of reporting;

c) Degree of truthfulness and value of the information and evidence provided.

7. Exemption and reduction of fines shall be carried out as follows:

a) The first enterprise to submit an application for leniency and meet the conditions prescribed in Clause 3 of this Article shall be exempted from 100% of the fine;

b) The second and third enterprises to submit applications for leniency and meet the conditions prescribed in Clause 3 of this Article shall respectively have their fines reduced by 60% and 40%.

Article 113. Competence and Form of Handling Violations of Competition Law

1. In cases where state agencies carry out acts prescribed in Clause 1 of Article 8 of this Law, the National Competition Commission shall be responsible for requesting the state agency to cease the violation and remedy the consequences. The requested state agency must cease the violation, remedy the consequences, and compensate for losses in accordance with the provisions of the law.

2. In cases where organizations or individuals carry out prohibited acts prescribed in Clause 2 of Article 8 of this Law, the Chairman of the National Competition Commission, the Competition Restriction Case Handling Board shall have the following competences:

a) To issue warnings;

b) Imposing fines as prescribed in Clause 4 of Article 111 of this Law;

c) Applying measures as prescribed in point b, point c of Clause 3 and point đ, point e of Clause 4 of Article 110 of this Law;

d) Requesting competent state agencies to apply measures as prescribed in point a of Clause 3 of Article 110 of this Law.

3. For violations concerning restrictive competition agreements, abuse of dominant market position, and abuse of monopoly position, the Competition Restriction Case Handling Board shall have the following competences:

a) To issue warnings;

b) Imposing fines as prescribed in Clause 1 of Article 111 of this Law;

c) Applying measures as prescribed in point b, point c of Clause 3 and points a, b, d, đ, e of Clause 4 of Article 110 of this Law;

d) Requesting competent state agencies to apply measures as prescribed in point a of Clause 3 and point a of Clause 4 of Article 110 of this Law.

4. For violations concerning economic concentration, the Chairman of the National Competition Commission shall have the following competences:

a) To issue warnings;

b) Imposing fines as prescribed in Clause 2 of Article 111 of this Law;

c) Applying measures as prescribed in point b, point c of Clause 3 and points a, c, d, e of Clause 4 of Article 110 of this Law;

d) Requesting competent state agencies to apply measures as prescribed in point a of Clause 3 and point a of Clause 4 of Article 110 of this Law.

5. For violations concerning unfair competition and other violations prescribed in this Law that do not fall under the cases prescribed in Clauses 1, 2, 3, and 4 of this Article, the Chairman of the National Competition Commission shall have the following competences:

a) To issue warnings;

b) Imposing fines as prescribed in Clause 3 and Clause 4 of Article 111 of this Law;

c) Applying measures as prescribed in point b, point c of Clause 3 and point đ, point e of Clause 4 of Article 110 of this Law;

d) Requesting competent state agencies to apply measures as prescribed in point a of Clause 3 of Article 110 of this Law.

6. Acts prescribed in Clause 7 of Article 45 of this Law shall be handled in accordance with the relevant laws.

Article 114. Enforcement of Competition Case Handling Decisions

1. After fifteen days from the date when the competition case handling decision becomes legally effective, if the party subject to enforcement does not voluntarily comply, the party entitled to enforcement, the National Competition Commission has the right to request competent state agencies to organize the enforcement of the decision.

2. If the competition case handling decision involves assets of the party subject to enforcement, the National Competition Commission requests the competent civil enforcement agency to organize the enforcement of the decision.

Article 115. Enforcement of Decisions Resolving Complaints Against Competition Case Handling Decisions

1. After fifteen days from the date when the decision resolving complaints against competition case handling decisions becomes legally effective, if the party subject to enforcement does not voluntarily comply or does not initiate a lawsuit according to Article 103 of this Law, the party entitled to enforcement, the National Competition Commission has the right to request competent state agencies to organize the enforcement of the decision.

2. If the decision resolving complaints against competition case handling decisions involves assets of the party subject to enforcement, the party entitled to enforcement, the National Competition Commission has the right to request the competent civil enforcement agency to organize the enforcement of the decision.

Chapter X

IMPLEMENTING PROVISIONS

Article 116. Amending, supplementing, and abolishing provisions in certain other laws

1. Amending and supplementing some articles of the Civil Enforcement Law No. 26/2008/QH12 which has been amended and supplemented by some articles according to Law No. 64/2014/QH13 as follows:

a) Replacing the phrase "decision on competition case of the Competition Case Resolution Council" at Article 1, point e Clause 2 Article 35, point a Clause 1 Article 56 with the phrase "decision on competition case of the Chairman of the National Competition Council, Competition Restriction Case Resolution Council, decision on appeal against the decision on competition case of the Chairman of the National Competition Council, Competition Case Appeal Resolution Council";

b) Replacing the phrase "Competition Case Resolution Council" at Article 26 and Article 27 with the phrase "Chairman of the National Competition Council, Competition Restriction Case Resolution Council, Competition Case Appeal Resolution Council";

c) Point d Clause 1 Article 2 is amended and supplemented as follows:

"d) Decision on competition case of the Chairman of the National Competition Council, Competition Restriction Case Resolution Council, decision on appeal against the decision on competition case of the Chairman of the National Competition Council, Competition Case Appeal Resolution Council that after 15 days from the date it comes into effect, the parties do not voluntarily comply, do not initiate proceedings before the Court;"

2. Abolishing Clause 6 Article 19 of the Telecommunications Law No. 41/2009/QH12.

3. Abolishing point 4.1 sub-item 04, item II, Part A attached to Appendix No. 01 promulgated together with the Law on Fees and Charges No. 97/2015/QH13.

Article 117. Effective Date

1. This Law shall take effect from July 1, 2019.

2. The Competition Law No. 27/2004/QH11 shall cease to be effective from the date this Law takes effect.

Article 118. Transitional Provisions

From the date this Law takes effect, acts of violation of competition law under the Competition Law No. 27/2004/QH11 shall continue to be examined and resolved as follows:

1. Acts of violation currently being investigated and handled, if determined not to violate the provisions of this Law, shall be discontinued;

2. Acts of violation currently being investigated and handled, including appeals against decisions on competition cases, if still determined to violate the provisions of this Law, shall continue to be investigated and handled according to the provisions of this Law. In cases where the form of handling or the amount of fine for the act of violation under the provisions of this Law is higher than those stipulated in the Competition Law No. 27/2004/QH11, the provisions of the Competition Law No. 27/2004/QH11 shall apply.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at itsCoat XIV session, 5 on the date 12 the 6 in 2018.