Decree No. 75/2019/NĐ-CP on administrative penalties for violations in the competition field

 

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES IN THE FIELD OF COMPETITION

Pursuant to the Law on the Organization of the Government dated June 19, 2015;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Civil Execution Law dated November 14, 2008 and the Law Amending and Supplementing Certain Provisions of the Civil Execution Law dated November 25, 2014;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree on administrative penalties in the field of competition.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the forms of administrative penalties, the levels of such penalties, measures to remedy consequences, the authority to impose administrative penalties, the enforcement of decisions on administrative penalties for acts of administrative violations in the field of competition, other acts of administrative violations in the field of competition, and the authority to record administrative violations for other acts of administrative violations in the field of competition.

2. Acts of administrative violations in the field of competition include:

a) Acts violating regulations on restrictive competition agreements;

b) Acts violating regulations on abuse of dominant market position or monopoly position;

c) Acts violating regulations on economic concentration;

d) Acts violating regulations on unfair competition;

đ) Other acts violating laws on competition.

Article 2. Scope of Application

1. Organizations and individuals engaged in business (hereinafter referred to collectively as enterprises), including production and supply enterprises of public goods and services, state-monopoly enterprises, public service organizations, and foreign enterprises operating in Vietnam.

2. Industry and profession associations operating in Vietnam.

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

Article 3. Forms of Administrative Penalties and Measures to Remedy Consequences of Administrative Violations in the Field of Competition

1. For each act of administrative violation in the field of competition, the violator must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, the violator of administrative violations in the field of competition may also be subject to one or more supplementary forms of administrative penalty as follows:

a) Revocation of the right to use licenses, certificates of practice, or suspension of activities from six months to twelve months;

b) Confiscation of contraband items or means used to commit the violation;

c) Confiscation of profits derived from the implementation of the violation;

d) Revocation of the enterprise registration certificate or equivalent document.

3. In addition to the forms of administrative penalties prescribed in Clauses 1 and 2 of this Article, the violator of administrative violations in the field of competition may also be compelled to apply one or more remedial measures as follows:

a) Compelled to make a public correction;

b) Compelled to remove the elements of violation from goods, packaging, business means, or products;

c) Compelled to restructure an enterprise abusing a dominant market position or monopoly position;

d) Compelled to remove illegal clauses from contracts, agreements, or business transactions;

đ) Compelled to divest, sell off part or all of the capital contribution or assets of an enterprise formed after economic concentration;

e) Compelled to submit to the price control by the competent state agency regarding purchase and sale prices of goods and services or other transaction conditions in the contracts of the acquiring enterprise, the purchasing enterprise, or the newly formed enterprise after economic concentration;

h) Compelled to restore technical and technological development conditions that were hindered;

i) Compelled to eliminate unfavorable conditions imposed on customers;

k) Compelled to restore contractual terms or contracts that have been changed or canceled without justifiable reasons;

4. The duration of applying the remedial measure prescribed in point e Clause 3 of this Article must be stated in the decision on handling and penalizing.

5. In cases where a state agency commits an act as prescribed in Clause 1 of Article 8 of the Competition Law, the National Competition Commission requests 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 damages according to the provisions of the law.

Article 4. Amount of fines for administrative violations related to competition

1. The maximum amount of fine for violations of regulations on restrictive competition agreements, abuse of dominant market position, and abuse of exclusive rights 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 organizations and individuals committing such violations.

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

a) Enterprises participating in economic concentration are enterprises participating in the production, distribution, and supply chain for a specific type of goods or service, or the business sectors of the participating enterprises are inputs for each other or complementary to each other;

b) Enterprises participating in prohibited restrictive competition agreements are enterprises operating at different stages in the same production, distribution, and supply chain for a specific type of goods or service.

5. The maximum amount of fine for violations of regulations on unfair competition shall be 2,000,000,000 VND.

6. The maximum amount of fine for other violations of this Decree shall be 200,000,000 VND.

7. The maximum amount of fine prescribed in Chapter II of this Decree shall apply to violations committed by organizations; for individuals committing the same administrative violation related to competition, the maximum fine shall be half of the maximum fine for organizations.

If there are mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range; if there are aggravating circumstances, the fine may be increased but not above the maximum level of the fine range.

For each mitigating circumstance or aggravating circumstance, the fine determined according to this provision shall be adjusted downward or upward, respectively, but not more than 15% of the midpoint of the fine range.

Article 5. Mitigating Circumstances and Aggravating Circumstances

1. Mitigating circumstances in the punishment of violations of laws in the field of competition include:

a) The violator has taken actions to prevent, reduce the consequences of the violation, or voluntarily remedied the consequences and compensated for losses;

b) The violator has voluntarily reported the violation, sincerely repented, and actively assisted competent authorities in discovering and handling the violation;

c) The violation was committed under duress or coercion;

d) It is the first offense.

2. Aggravating circumstances in the punishment of violations of laws in the field of competition include:

a) Organized violation;

b) Repeated offenses; recidivism;

c) Exploiting war, natural disasters, catastrophes, epidemics, or other special difficulties of society to commit the violation;

d) Continuing to implement the violation despite the National Competition Commission Chairperson, Competition Case Handling Council, or another competent authority having requested its cessation;

đ) After the violation, the violator has attempted to evade or conceal the violation;

e) The violation involves a large scale, significant quantity, or high value of goods.

3. Circumstances already used to apply leniency policies shall not be considered as mitigating circumstances.

Chapter II

VIOLATIONS, FORMS AND AMOUNTS OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS RELATED TO COMPETITION

Section 1

VIOLATIONS OF REGULATIONS ON RESTRICTIVE COMPETITION AGREEMENTS

Article 6. Acts of agreeing to limit competition among businesses operating in the same relevant market

1. A fine of from 01% to 10% of the total revenue on the relevant market in the immediately preceding fiscal year for each business participating in the agreement shall be imposed for any of the following acts:

a) Agreeing to set prices for goods and services directly or indirectly;

b) Agreeing to divide customers, allocate markets for consumption, sources of supply of goods, and provision of services;

c) Agreeing to limit or control the quantity or volume of production, purchase, sale of goods, and provision of services;

d) Agreeing to ensure that one or more parties to the agreement win bids when participating in tendering for the supply of goods and provision of services;

đ) Agreeing to prevent other businesses from entering the market or developing their business operations;

e) Agreeing to eliminate from the market businesses that are not parties to the agreement;

g) Agreeing to limit the development of technology and investment if such agreement has an effect or potential to significantly restrict competition in the market;

h) Agreeing to impose or set conditions for signing contracts for the purchase and sale of goods and provision of services to other businesses, or agreeing to compel other businesses to accept obligations unrelated directly to the subject matter of the contract if such agreement has an effect or potential to significantly restrict competition in the market;

i) Agreeing not to deal with parties not participating in the agreement if such agreement has an effect or potential to significantly restrict competition in the market;

k) Agreeing to limit the market for consumption of products, sources of supply of goods, and provision of services of parties not participating in the agreement if such agreement has an effect or potential to significantly restrict competition in the market;

l) Other agreements that have an effect or potential to significantly restrict competition.

2. Additional forms of punishment:

Confiscate profits obtained from the implementation of the violation act as stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

Order the removal of provisions violating the law from contracts, agreements, or business transactions.

4. The maximum fine for organizations and individuals implementing the acts prescribed in Points đ and e of Clause 1 of this Article must be lower than the minimum fine prescribed in the Penal Code for organizations and individuals implementing those acts. During the process of penalizing violations as prescribed in Clause 1 of this Article, if there are signs of criminal offenses as stipulated in Article 217 of the Penal Code 2015 (amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Penal Code 2017), the Chairman of the National Competition Commission shall be responsible for transferring part or all of the related files to competent investigative agencies to pursue criminal responsibility according to the law.

Article 7. Acts of agreeing to limit competition among businesses operating at different stages in the same production, distribution, and service chain for a specific type of goods or service

1. A fine of from 01% to 05% of the total revenue on the relevant market in the immediately preceding fiscal year for each business participating in the agreement shall be imposed for any of the following acts:

a) Agreeing to set prices for goods and services directly or indirectly if such agreement has an effect or potential to significantly restrict competition in the market;

b) Agreeing to divide customers, allocate markets for consumption, sources of supply of goods, and provision of services if such agreement has an effect or potential to significantly restrict competition in the market;

c) Agreeing to limit or control the quantity or volume of production, purchase, sale of goods, and provision of services if such agreement has an effect or potential to significantly restrict competition in the market;

d) Agreeing to ensure that one or more parties to the agreement win bids when participating in tendering for the supply of goods and provision of services;

đ) Agreeing to prevent other businesses from entering the market or developing their business operations;

e) Agreeing to eliminate from the market businesses that are not parties to the agreement;

g) Agreeing to limit the development of technology and investment if such agreement has an effect or potential to significantly restrict competition in the market;

h) Agreeing to impose or set conditions for signing contracts for the purchase and sale of goods and provision of services to other businesses, or agreeing to compel other businesses to accept obligations unrelated directly to the subject matter of the contract if such agreement has an effect or potential to significantly restrict competition in the market;

i) Agreeing not to deal with parties not participating in the agreement if such agreement has an effect or potential to significantly restrict competition in the market;

k) Agreeing to limit the market for consumption of products, sources of supply of goods, and provision of services of parties not participating in the agreement if such agreement has an effect or potential to significantly restrict competition in the market;

l) Other agreements that have an effect or potential to significantly restrict competition.

2. Additional forms of punishment:

Confiscate profits obtained from the implementation of the violation act.

3. Measures to remedy consequences:

Order the removal of provisions violating the law from contracts, agreements, or business transactions.

4. The maximum fine for organizations and individuals implementing the acts prescribed in Points đ and e of Clause 1 of this Article must be lower than the minimum fine prescribed in the Penal Code for organizations and individuals implementing those acts. During the process of penalizing violations as prescribed in Points đ and e of Clause 1 of this Article, if there are signs of criminal offenses as stipulated in Article 217 of the Penal Code 2015 (amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Penal Code 2017), the Chairman of the National Competition Commission shall be responsible for transferring part or all of the related files to competent investigative agencies to pursue criminal responsibility according to the law.

Section 2

VIOLATIONS OF THE PROVISIONS ON ABUSE OF DOMINANT MARKET POSITION AND MONOPOLY RIGHTS

Article 8. Acts of abusing a dominant market position

1. A fine of from 1% to 10% of the total revenue on the relevant market in the preceding fiscal year shall be imposed on a business with a dominant market position or each business within a group of businesses with a dominant market position for any of the following acts:

a) Selling goods or providing services below full cost leading to or likely to lead to the elimination of competitors;

b) Imposing unreasonable purchase prices or sale prices of goods or services or setting minimum resale prices causing or likely to cause harm to customers;

c) Restricting production or distribution of goods or services, limiting markets, hindering technological or technical development causing or likely to cause harm to customers;

d) Applying different trading conditions in similar transactions leading to or likely to lead to preventing other businesses from entering the market, expanding the market, or eliminating other businesses;

đ) Imposing conditions on other businesses in the conclusion of purchase or sale contracts for goods or services or requiring other businesses or customers to accept obligations not directly related to the subject matter of the contract leading to or likely to lead to preventing other businesses from entering the market, expanding the market, or eliminating other businesses;

e) Preventing other businesses from entering or expanding the market;

g) Acts of abusing a dominant market position prohibited under other laws;

2. Additional forms of punishment:

Confiscate profits obtained from the implementation of the violation act.

3. Measures to remedy consequences:

a) Order the removal of provisions violating the law from contracts, agreements, or business transactions;

b) Order restructuring of the business abusing a dominant market position;

Article 9. Acts of abusing a monopoly position

1. A fine of from 1% to 10% of the total revenue on the relevant market in the preceding fiscal year shall be imposed on a business with a monopoly position for any of the following abusive acts:

a) The acts prescribed in points b, c, d, đ, and e Clause 1 Article 8 of this Decree;

b) Imposing unfavorable conditions on customers;

c) Taking advantage of a monopoly position to unilaterally change or cancel concluded contracts without legitimate reasons;

d) Acts of abusing a monopoly position prohibited under other laws;

2. Additional forms of punishment:

Confiscate profits obtained from the implementation of the violation act.

3. Measures to remedy consequences:

a) Order restructuring of the business abusing a monopoly position;

b) Order the removal of provisions violating the law from contracts, agreements, or business transactions;

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

d) Compelling removal of unfavorable conditions imposed on customers;

đ) Order the restoration of contract terms that were changed or canceled without legitimate reasons;

Section 3

VIOLATIONS OF THE PROVISIONS ON ECONOMIC CONCENTRATION

Article 10. Prohibited acts of business mergers

1. A fine of from 1% to 5% of the total revenue on the relevant market of the business receiving the merger and the business being merged in the preceding fiscal year shall be imposed on the business receiving the merger for prohibited acts of business mergers as stipulated in Article 30 of the Competition Law;

2. Measures to remedy consequences:

a) Order the division or separation of the merged business;

b) Order the business receiving the merger to be subject to price control by the competent state agency for purchase prices or sale prices of goods or services or other transaction conditions in its contracts.

Article 11. Prohibited Merger Actions

1. A fine of from 01% to 05% of the total revenue on the relevant market in the fiscal year immediately preceding the year in which the violation occurs shall be imposed on the enterprise formed after the merger for the prohibited merger action as stipulated in Article 30 of the Competition Law.

Revoke the business registration certificate issued to the merged enterprise.

3. Measures to remedy consequences:

a) Order the division or separation of the merged enterprise;

b) Order the newly formed enterprise following economic concentration to be subject to price control over purchase and sale prices of goods and services or other transaction conditions in contracts by the competent state agency for a certain period.

Article 12. Prohibited Acquisition Actions

1. A fine of from 01% to 05% of the total revenue on the relevant market in the fiscal year immediately preceding the year in which the violation occurs shall be imposed on the acquiring enterprise for the acquisition of part or all of the capital contribution or assets of another enterprise, as prohibited under Article 30 of the Competition Law.

2. Measures to remedy consequences:

a) Order the sale back of part or all of the capital contribution or assets that the enterprise has acquired;

b) Order the acquiring enterprise to be subject to price control over purchase and sale prices of goods and services or other transaction conditions in contracts by the competent state agency for a certain period.

Article 13. Prohibited Joint Venture Actions

1. A fine of from 01% to 05% of the total revenue on the relevant market in the fiscal year immediately preceding the year in which the violation occurs shall be imposed on each party participating in the joint venture for the prohibited joint venture action as stipulated in Article 30 of the Competition Law.

Revoke the business registration certificate issued to the joint venture enterprise.

3. Measures to remedy consequences:

Order the joint venture enterprise to be subject to price control over purchase and sale prices of goods and services or other transaction conditions in contracts by the competent state agency.

A fine of from 01% to 05% of the total revenue on the relevant market in the fiscal year immediately preceding the year in which the violation occurs shall be imposed on each enterprise participating in the economic concentration that fails to fulfill the obligation to report as stipulated in Article 33 of the Competition Law.

Article 15. Other Violations of Economic Concentration Laws

a) Implementing economic concentration before receiving the preliminary assessment result of the National Competition Commission as stipulated in Clause 2, Article 36 of the Competition Law, except in cases stipulated in Clause 3, Article 36 of the Competition Law;

b) Implementing economic concentration when the National Competition Commission has not issued a decision as stipulated in Article 41 of the Competition Law in cases where economic concentration must undergo formal review.

a) Failing to implement or implementing incompletely the conditions set forth in the decision on economic concentration as stipulated in Point b, Clause 1, Article 41 of the Competition Law;

b) Implementing economic concentration in cases stipulated in Point c, Clause 1, Article 41 of the Competition Law.

Section 4

UNFAIR COMPETITION VIOLATIONS

Article 16. Acts infringing on confidential information in business

1. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for any of the following acts:

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

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

2. Additional forms of punishment:

a) Seizure of objects and means used to commit administrative violations related to competition;

b) Seizure of profits obtained from the implementation of the violation.

Article 17. Acts of coercion in business

1. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for coercing customers or business partners of another enterprise through threats or coercion to prevent them from transacting or ceasing transactions with that enterprise.

2. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for the act stipulated in Clause 1 of this Article when coercing the largest customer or business partner of a competitor.

3. A fine twice the amount specified in Clause 1 and Clause 2 of this Article shall be imposed for the violation stipulated in Clause 1 and Clause 2 of this Article if the violation is committed across two provinces or centrally-administered cities or more.

4. Additional forms of administrative punishment:

a) Seizure of objects and means used to commit administrative violations related to competition;

b) Seizure of profits obtained from the implementation of the violation.

Article 18. Providing false information about another enterprise

1. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for providing false information about another enterprise indirectly by disseminating false information about the enterprise, thereby adversely affecting its reputation, financial status, or business operations.

2. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for providing false information about another enterprise directly by disseminating false information about the enterprise, thereby adversely affecting its reputation, financial status, or business operations.

3. A fine twice the amount specified in Clause 1 and Clause 2 of this Article shall be imposed for the violation stipulated in Clause 1 and Clause 2 of this Article if the violation is committed across two provinces or centrally-administered cities or more.

4. Additional forms of administrative punishment:

a) Seizure of objects and means used to commit administrative violations related to competition;

b) Seizure of profits obtained from the implementation of the violation.

5. Measures to remedy consequences:

Order to make public correction.

Article 19. Acts disrupting the business activities of another enterprise

1. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for indirectly hindering or interrupting the business activities of another enterprise.

2. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for directly hindering or interrupting the business activities of another enterprise.

3. A fine twice the amount specified in Clause 1 and Clause 2 of this Article shall be imposed for the violation stipulated in Clause 1 and Clause 2 of this Article if the violation is committed across two provinces or centrally-administered cities or more.

4. Additional forms of punishment:

b) Seizure of objects and means used to commit administrative violations related to competition;

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

Article 20. Unfair Customer Solicitation Practices

1. A fine of from 100,000,000 VND to 200,000,000 VND shall be imposed on unfair customer solicitation practices carried out through the following methods:

a) Providing false or misleading information to customers about the enterprise or goods, services, promotions, transaction conditions related to goods and services provided by the enterprise with the aim of attracting customers of other enterprises;

b) Comparing its goods or services with those of another enterprise but without being able to substantiate the comparison.

2. A fine twice the amount specified in Clause 1 of this Article shall be imposed on the violation stipulated in Clause 1 of this Article if the violation is carried out in two or more provinces or centrally-administered cities or more.

3. Additional forms of punishment:

b) Seizure of objects and means used to commit administrative violations related to competition;

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

4. Measures to remedy consequences:

a) Compelled to make a public correction;

b) Removal of the illegal elements on goods, product packaging, sales means, or items.

Article 21. Selling Goods or Supplying Services Below Full Cost

1. A fine of from 800,000,000 VND to 1,000,000,000 VND shall be imposed on the act of selling goods or supplying services below full cost leading to or likely to lead to the elimination of another enterprise operating in the same field.

2. A fine twice the amount specified in Clause 1 of this Article shall be imposed on the violation stipulated in Clause 1 of this Article if the violation is carried out in two or more provinces or centrally-administered cities or more.

3. Additional forms of punishment:

a) Seizure of objects and means used to commit administrative violations related to competition;

b) Seizure of profits obtained from the implementation of the violation.

Section 5

OTHER VIOLATIONS OF COMPETITION LAWS AND REGULATIONS

Article 22. Violations of Regulations on Provision of Information and Documents

1. A warning shall be issued to the investigated party or person with rights and obligations related to the act of failing to provide information or documents within the required timeframe as requested by the National Competition Commission, the Investigation Agency for Competition Cases, or the Council for Handling Restrictive Competition Cases.

a) Failure to provide information or documents as requested by the National Competition Commission, the Investigation Agency for Competition Cases, or the Council for Handling Restrictive Competition Cases;

b) Providing false or misleading information or documents;

c) Forcing others to provide false information or documents;

d) Concealing or destroying information or documents related to competition cases.

4. Measures to remedy consequences:

Compel provision of all necessary information and documents.

Article 23. Violations of Other Provisions Related to the Investigation and Handling of Competition Cases

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Disclosing confidential investigation information or documents;

b) Disrupting the hearing session.

2. Additional forms of punishment:

Confiscation of evidence and means used to commit the violation.

Article 24. Agreements Restricting Competition Before Exemption Decision

1. A fine of from 100,000,000 VND to 200,000,000 VND shall be imposed on each enterprise participating in an agreement restricting competition that falls under the exemption provisions of Article 14 of the Competition Law before receiving an exemption decision from the Chairman of the National Competition Commission.

2. Additional forms of punishment:

a) Seizure of objects and means used to commit administrative violations related to competition;

b) Seizure of profits obtained from the implementation of the violation.

3. Measures to remedy consequences:

Compel restoration to the original state.

Article 25. Acts of providing information, mobilizing, calling for, compelling, or organizing enterprises to engage in acts that restrict competition or unfair competition

1. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on acts of providing information, mobilizing, calling for, compelling, or organizing enterprises to engage in acts that restrict competition or unfair competition.

2. Additional forms of punishment:

a) Revocation of the right to use business licenses, professional certificates, or suspension of activities for six months to twelve months from the date the administrative penalty decision regarding violations of other laws on competition becomes effective.

b) Confiscation of contraband items or means used to commit the violation;

3. Measures to remedy consequences:

Order to make public correction.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES ON COMPETITION VIOLATIONS

Section 1

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES ON COMPETITION VIOLATIONS

Article 26. Authority to impose administrative penalties for economic concentration and unfair competition

The Chairman of the National Competition Council has the following authorities:

2. Imposing fines;

4. Applying one or more measures to remedy consequences as provided for in points a, c, d, e, h, i, and k, Clause 3, Article 3 of this Decree;

5. Requesting competent state agencies to apply the measures provided for in point d, Clause 2, Article 3 of this Decree.

Article 27. Authority to impose administrative penalties for violations concerning restrictive agreements, abuse of dominant market position, and abuse of monopoly position

The Competition Restriction Case Handling Board has the following authorities:

2. Imposing fines;

Article 28. Authority to impose administrative penalties for violations of other provisions of the law on competition

a) To issue warnings;

b) Imposing a fine of up to 500,000 VND on individuals and 1,000,000 VND on organizations;

c) Seizing contraband goods and means of violating administrative regulations with a value not exceeding the amount of fine stipulated in point b of this clause;

d) Applying measures to remedy consequences as provided for in point g, Clause 3, Article 3 of this Decree.

a) To issue warnings;

b) Imposing a fine of up to 100,000,000 VND on individuals and 200,000,000 VND on organizations;

c) Applying supplementary sanctions as provided for in point b and point c, Clause 2, Article 3 of this Decree;

d) Applying measures to remedy consequences as provided for in points a, g, and l, Clause 3, Article 3 of this Decree.

a) To issue warnings;

b) Imposing a fine of up to 25,000,000 VND on individuals and 50,000,000 VND on organizations;

c) Applying supplementary sanctions as provided for in points a, b, and c, Clause 2, Article 3 of this Decree;

d) Applying measures to remedy consequences as provided for in point a, Clause 3, Article 3 of this Decree;

Section 2

PROCEDURES FOR ADMINISTRATIVE PENALTIES ON COMPETITION VIOLATIONS

Article 29. Administrative Sanction Procedures for Competition Violations

1. The procedures for imposing administrative sanctions on violations of regulations concerning restrictive competition agreements, abuse of dominant market positions, abuse of exclusive rights, economic concentration, and unfair competition shall be carried out in accordance with the laws on competition.

2. The procedures for imposing administrative sanctions on other violations of competition laws shall be carried out in accordance with the laws on handling administrative violations.

3. The procedures for applying supplementary sanctions, measures to remedy consequences, preventive measures, and guarantees for handling administrative violations in dealing with competition violations shall be applied in accordance with the laws on competition and laws on handling administrative violations.

Upon discovering other violations of competition laws as stipulated in Section 5 of Chapter II of this Decree, inspectors, persons assigned to perform specialized inspection functions, heads of competition case investigation agencies, competition case investigators, and hearing secretaries must draft administrative violation records.

Section 3

PROCEDURES FOR IMPLEMENTING DECISIONS ON HANDLING COMPETITION CASES AND ADMINISTRATIVE SANCTIONS FOR OTHER VIOLATIONS OF COMPETITION LAWS

Article 31. Compliance with Decisions on Handling Competition Cases and Administrative Sanctions for Other Violations of Competition Laws

1. Enterprises violating the law must comply with decisions on handling competition cases issued by the Restrictive Competition Case Handling Council and the Chairman of the National Competition Authority within fifteen days from the date such decisions take legal effect.

2. Organizations and individuals violating other competition laws as stipulated in Section 5 of Chapter II of this Decree must comply with decisions on administrative sanctions for other violations of competition laws within ten days from the date they receive such decisions.

Organizations and individuals fined according to decisions on handling competition cases and administrative sanctions for other violations of competition laws must pay fines at the State Treasury specified in those decisions.

1. After the deadline set forth in Article 31 of this Decree, if organizations and individuals subject to administrative sanctions do not voluntarily comply, nor appeal to the Chairman of the National Competition Authority as provided for in Article 96 of the Competition Law, the party entitled to enforce the decision on handling competition cases has the right to submit a petition requesting the competent authority specified in Clause 2 and Clause 3 of this Article to organize the enforcement of the decision on handling competition cases within their functional scope, duties, and powers.

2. The competent authority is responsible for revoking business registration certificates or equivalent documents previously issued to enterprises violating competition laws upon the request of the Restrictive Competition Case Handling Council and the Chairman of the National Competition Authority in the decision on handling competition cases.

3. Other competent authorities are responsible for organizing the implementation of measures to restructure enterprises abusing dominant market positions, divide or separate merged or consolidated enterprises, or compel the sale of acquired parts of enterprises, as required by the Restrictive Competition Case Handling Council and the Chairman of the National Competition Authority in the decision on handling competition cases.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 34. Effective Date

1. This Decree shall take effect from December 1, 2019.

2. This Decree replaces Decree No. 71/2014/NĐ-CP dated July 21, 2014 of the Government detailing the Competition Law on handling violations of law in the field of competition, except for the provisions of Article 36 (which have been amended and supplemented pursuant to Clause 1 of Article 1 of Decree No. 141/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain articles of Decrees stipulating the handling of violations of law in direct selling activities).

Article 35. Transitional Provisions

The authorized authorities to impose administrative penalties as provided for in Articles 101, 102, and 103 of Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection (amended and supplemented by Decree No. 124/2015/NĐ-CP dated November 19, 2015 of the Government amending and supplementing certain articles of Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection, and Decree No. 141/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain articles of Decrees stipulating the handling of violations of law in direct selling activities) shall have the authority to impose administrative penalties for the acts stipulated in Article 36 of Decree No. 71/2014/NĐ-CP dated July 21, 2014 of the Government detailing the Competition Law on handling violations of law in the field of competition (which have been amended and supplemented pursuant to Clause 1 of Article 1 of Decree No. 141/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain articles of Decrees stipulating the handling of violations of law in direct selling activities) until such time as there are amendments, supplements, or replacements thereof.

Article 36. Responsibility for Implementation

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