THE GOVERNMENT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
No.: 75/2019/ND-CP
|
Hanoi, September
26, 2019
|
DECREE
PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMPETITION
Pursuant to the Law on organization of the
Government dated June 19, 2015;
Pursuant to the Competition Law dated June 12,
2018;
Pursuant to the Law on penalties for administrative
violations dated June 20, 2012;
Pursuant to the Law on enforcement of civil
judgments dated November 14, 2008 and the Law on amendments to the Law on
enforcement of civil judgments dated November 25, 2014;
At the request of the Minister of Industry and
Trade;
The Government promulgates a Decree providing
for penalties for administrative violations against regulations on competition.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with penalties, fines,
remedial measures, the power to impose penalties, and implementation of
decision on imposition of penalties for administrative violations against
regulations of the competition law, administrative violations against other
regulations on competition and the power to record administrative violations
against other regulations on competition.
2. Administrative violations against regulations of
the competition law include:
a) Violations against regulations on
anti-competitive agreements;
b) Violations against regulations on abuse of
dominant position or monopoly position;
c) Violations against regulations on economic
concentrations;
d) Violations against regulations on unfair
competition;
dd) Violations against other regulations on
competition.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Organizations and individuals doing business
(hereinafter referred to as "enterprises"), including producers and
suppliers of public-utility products and services, enterprises engaging in
state-monopolized sectors/domains, public service providers and foreign
enterprises that operate in Vietnam.
2. Trade associations operating in Vietnam.
3. Relevant domestic and foreign authorities,
organizations and individuals.
Article 3. Penalties and
remedial measures
1. The entity that commits an administrative
violation against regulations on competition shall be liable to one of the
following primary penalties:
a) A warning; or
b) A fine.
2. Depending on the nature and severity of each
administrative violation, the violating entity may face one or some of the
following additional penalties:
a) The violating entity shall have its/his/her
license, practicing certificate or operations suspended for a period of 06-12
months;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Profits illegally obtained from the
administrative violation shall be confiscated;
d) The enterprise registration certificate or
equivalent document shall be revoked.
3. Besides incurring the penalties prescribed in
Clause 1 and Clause 2 of this Article, the entity committing a violation
against regulations on competition may be liable to one or some of the remedial
measures mentioned below:
a) Enforced public correction of information;
b) Enforced removal of violating elements on the
goods, goods labels, means of trading or articles;
c) Enforced restructuring of the enterprise that
has abused its dominant position or monopoly position;
d) Enforced removal of illegal terms and conditions
from business contract, agreement or transaction;
dd) Enforced full/partial division or transfer of
partial or entire paid-in capital or assets of the enterprise that is
established from the economic concentration;
e) Enforced operation under a competent authority’s
control over prices of goods/services or other transaction terms included in
contracts concluded by transferee/acquirer enterprises or enterprises that are
established from economic concentration;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h) Enforced restoration of conditions for
technical/technological development which has been obstructed by the
enterprise;
i) Enforced removal of terms and conditions
unfavorable to customers;
k) Enforced restoration of terms and conditions of
contracts or contracts which have been changed or invalidated without
legitimate reasons;
a) Enforced restoration of original state.
4. The time-limit for implementing the remedial
measure mentioned in Point e Clause 3 of this Article must be specified in the
penalty imposition decision.
Article 4. Fines
1. The maximum fine imposed for a violation against
regulations on anti-competitive agreements or abuse of dominant position or
monopoly position shall be 10% of total turnover of the violating enterprise
earned from the relevant market in the financial year preceding the year in
which it committed the violation but shall not be lower than the minimum fine
imposed upon the violating entity prescribed in the Criminal Code.
2. The maximum fine imposed for a violation against
regulations on economic concentration shall be 05% of total turnover of the
violating enterprise earned from the relevant market in the financial year
preceding the year in which it committed the violation.
3. If total turnover of the violating enterprise
earned from the relevant market in the financial year preceding the year in
which it committed the violation as prescribed in Clause 1 and Clause 2 of this
Article is zero as determined, it shall be liable to a fine ranging from VND
100,000,000 to VND 200,000,000.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The enterprises engaging in the economic
concentration are the ones engaging in the chain of production, distribution or
supply of a certain type of goods or services or the business lines of
enterprises engaging in the economic concentration are inputs or support those
of each other;
b) Enterprises entering into a prohibited
anti-competitive agreement are doing business in different stages of the same
chain of production, distribution or supply of a certain type of goods or
services.
5. The maximum fine imposed for a violation against
regulations on unfair competition is VND 2,000,000,000.
6. The maximum fine imposed for a violation against
other regulations on competition prescribed in this Decree is VND 200,000,000.
7. The maximum fines prescribed in Chapter II of
this Decree are imposed for violations committed by organizations. The maximum
fine imposed upon an individual shall be equal to a half of that imposed upon
an organization for committing the same administrative violation against
regulations on competition.
8. The specific fine imposed for an administrative
violation against regulations on competition is the average level of the fine
bracket for that violation.
If there are mitigating circumstances, the imposed
fine may be lowered but shall not be lower than the minimum level of the fine
bracket. If there are aggravating circumstances, the imposed fine may be
increased but shall not exceed the maximum level of the fine bracket.
For every mitigating or aggravating circumstance,
the fine which is determined according to regulations of this Clause shall be
lowered or increased but such adjustment shall not exceed 15% of the average
level of the fine bracket.
Article 5. Mitigating and
aggravating circumstances
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The violating entity has prevented or reduced
the harm caused by the violation or voluntarily implements remedial measures or
makes compensation for damage;
b) The violating entity has voluntarily made
declarations and expresses contrition; has arduously assisted competent
authorities in discovery and actions against the violation;
c) The violation is committed because the violating
entity has been coerced or dependent on others;
d) The violating entity commits the violation for
the first time.
2. The following aggravating circumstances shall be
taken into account when imposing penalties for violations against regulations
on competition:
a) There is an organized violation;
b) The violation has been committed for more than
once or repeated;
c) The violating entity takes advantage of war,
state of emergency, natural disaster, epidemic or other tragic circumstances of
society to commit the violation;
d) The violating entity continues performing acts
of violation although it/he/she has been requested by the Chairperson of the
National Competition Committee, the competition case-handling council or
another competent authority to stop performing such acts of violation;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) The violation involves a large amount or high
value of goods.
3. Factors which have been considered for offering
leniency for the penalty shall not be considered as mitigating factors.
Chapter II
VIOLATIONS AGAINST
REGULATIONS ON COMPETITION, PENALTIES AND FINES TO BE IMPOSED
Section 1. VIOLATIONS AGAINST
REGULATIONS ON ANTI-COMPETITIVE AGREEMENTS
Article 6. Violations against
regulations on anti-competitive agreements between enterprises engaging in the
same relevant market
1. A fine ranging from 01% to 10% of total turnover
of an enterprise earned from the relevant market in the financial year
preceding the year in which it committed the violation shall be imposed upon
that enterprise if it is a party of one of the following anti-competitive
agreements:
a) An agreement on direct or indirect fixing of
prices of goods or services;
b) An agreement on customer allocation, market
division, division of sources of supply of goods or services;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) An agreement on big-rigging whereby one or more
parties of this agreement can submit a winning bid for supply of goods or
services in a tender process;
dd) An agreement on hindering or preventing another
enterprise from entering the marketing or developing its business;
e) An agreement on forcing another enterprise that
is not a party of the agreement out of the market;
g) An agreement on restriction of
technical/technological development or investment if this agreement reduces or
may reduce the competition in the market significantly;
h) An agreement on imposing or applying conditions
for concluding contracts for trading of goods or provision of services to other
enterprises or an agreement on forcing them to accept obligations which are not
related to objects of contracts if this agreement reduces or may reduce the
competition in the market significantly;
i) An agreement on refusal to deal with enterprises
that are not parties of the agreement if this agreement reduces or may reduce
the competition in the market significantly;
k) An agreement on restriction of consumption
market, sources of supply of goods or services of other enterprises that are
not parties of the agreement if this agreement reduces or may reduce the
competition in the market significantly;
l) Another agreement that reduces or may reduce the
competition in the market.
2. Additional penalties:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Remedial measures:
The violating entity is forced to remove illegal
terms and conditions from business contracts, agreements or transactions.
4. The maximum fine imposed upon the violating
entity for committing the violation prescribed in Point dd or Point e Clause 1
of this Article must be lower than the lowest fine for corresponding violation
prescribed in the Criminal Code. If any signs of a crime, as prescribed in
Article 217 of the 2015 the Criminal Code (as amended in the 2017 Law on
amendments to the Criminal Code) are detected while taking actions against any
of the violations prescribed in Clause 1 of this Article, Chairperson of the
National Competition Committee shall transfer a part of or all documents of the
case file relating to that crime to the authority competent to institute legal
proceedings for initiating criminal prosecution in accordance with laws.
Article 7. Violation against
regulations on anti-competitive agreements entered into by enterprises doing
business in different stages of the same chain of production, distribution or
supply of a certain type of goods or services
1. A fine ranging from 01% to 05% of total turnover
of the enterprise that is a party of an anti-competitive agreement earned from
the relevant market in the financial year preceding the year in which it
committed the violation shall be imposed upon that enterprise for:
a) Reaching an agreement on direct or indirect
fixing of prices of goods or services if this agreement reduces or may reduce
the competition in the market significantly;
b) Reaching an agreement on customer allocation,
market division, division of sources of supply of goods or services if this
agreement reduces or may reduce the competition in the market significantly;
c) Reaching an agreement on limitation or control
of the production or trading of goods or provision of services if this
agreement reduces or may reduce the competition in the market significantly;
d) Reaching agreement on big-rigging whereby one or
more parties of this agreement can submit a winning bid for supply of goods or
services in a tender process;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Reaching an agreement on forcing another
enterprise that is not a party of the agreement out of the market;
g) Reaching an agreement on restriction of
technical/technological development or investment if this agreement reduces or
may reduce the competition in the market significantly;
h) Reaching an agreement on imposing or applying
conditions for concluding contracts for trading of goods or provision of
services to other enterprises or an agreement on forcing them to accept obligations
which are not related to objects of contracts if this agreement reduces or may
reduce the competition in the market significantly;
i) Reaching an agreement on refusal to deal with
enterprises that are not parties of the agreement if this agreement reduces or
may reduce the competition in the market significantly;
k) Reaching an agreement on restriction of
consumption market, sources of supply of goods or services of other enterprises
that are not parties of the agreement if this agreement reduces or may reduce
the competition in the market significantly;
l) Reaching another agreement that reduces or may
reduce the competition in the market.
2. Additional penalties:
Profits illegally obtained from the administrative
violation shall be confiscated.
3. Remedial measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The maximum fine imposed upon the violating
entity for committing the violation prescribed in Point dd or Point e Clause 1
of this Article must be lower than the lowest fine for corresponding violation
prescribed in the Criminal Code. If any signs of a crime, as prescribed in
Article 217 of the 2015 the Criminal Code (as amended in the 2017 Law on
amendments to the Criminal Code) are detected while taking actions against the
violation prescribed in Point dd or Point e Clause 1 of this Article,
Chairperson of the National Competition Committee shall transfer a part of or
all documents of the case file relating to that crime to the authority
competent to institute legal proceedings for initiating criminal prosecution in
accordance with laws.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON ABUSE OF DOMINANT POSITION OR MONOPOLY POSITION
Article 8. Abuse of dominant position
1. A fine ranging from 01% to 10% of total turnover
of the enterprise holding dominant market position or each enterprise in the
group of enterprises holding dominant market position earned from the relevant
market in the financial year preceding the year in which the violation is
committed shall be imposed upon that enterprise for:
a) Selling goods or providing services below the
costs that drives or probably drives competitors out of the market;
b) Imposing unreasonable purchase or selling prices
of goods or services or setting a minimum resale price maintenance that causes
or may cause harm to customers.
c) Restricting production or distribution of goods
or provision of services, limiting markets or restricting technical/technological
development that causes or may cause harm to customers;
d) Applying dissimilar conditions to equivalent
transactions with other trading parties that prevents or may prevent other
enterprises from engaging in or expanding their market or force them out of the
market;
dd) Applying conditions for concluding contracts
for trading of goods or provision of services to other enterprises or
requesting other enterprises or customers to accept obligations which are not
related to objects of contracts, that prevents or may prevent other enterprises
from engaging in or expanding their market or force them out of the market;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Performing other prohibited acts of abuse of
dominant position as regulated by law.
2. Additional penalties:
Profits illegally obtained from the administrative
violation shall be confiscated.
3. Remedial measures:
a) The violating entity is forced to remove illegal
terms and conditions from business contracts, agreements or transactions;
b) The enterprise that abuses its dominant position
is forced to carry out restructuring.
Article 9. Abuse of monopoly
position
1. A fine ranging from 01% to 10% of total turnover
of the enterprise holding the monopoly position earned from the relevant market
in the financial year preceding the year in which the violation is committed
shall be imposed upon that enterprise for:
a) Performing acts prescribed in Point b, c, d, dd
or e Clause 1 Article 8 of this Decree;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Taking advantage of the monopoly position to
unilaterally modify or invalidate the signed contract without legitimate
reasons;
d) Performing other prohibited acts of abuse of the
monopoly position as regulated by law.
2. Additional penalties:
Profits illegally obtained from the administrative
violation shall be confiscated.
3. Remedial measures:
a) The enterprise that abuses the monopoly position
is forced to carry out restructuring;
b) The violating entity is forced to remove illegal
terms and conditions from business contracts, agreements or transactions;
c) The violating entity is forced to restore
conditions for technical/technological development which it has obstructed;
d) The violating entity is forced to remove terms
and conditions unfavorable to customers;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON ECONOMIC CONCENTRATIONS
Article 10. Banned merger of
enterprises
1. A fine ranging from 01% to 05% of total turnover
of the transferee enterprise and the transferor enterprise earned from the
relevant market in the financial year preceding the year in which the violation
is committed shall be imposed upon the transferee enterprise for carrying out
the merger banned as regulated in Article 30 of the Competition Law.
2. Remedial measures:
a) The transferee enterprise is forced to carry out
full/partial division;
b) The transferee enterprise is forced to operate
under a competent authority’s control over prices of goods/services or other
transaction terms included in its signed contracts.
Article 11. Banned
consolidation of enterprises
1. A fine ranging from 01% to 05% of total turnover
of consolidating enterprises earned from the relevant market in the financial
year preceding the year in which the violation is committed shall be imposed upon
the consolidated enterprise for carrying out the consolidation banned as
regulated in Article 30 of the Competition Law.
2. Additional penalties:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Remedial measures:
a) The consolidated enterprise is forced to carry
out full/partial division;
b) The enterprise that is established after the
economic concentration process is forced to operate under a competent
authority’s control over prices of goods/services or other transaction terms
included in its signed contracts.
Article 12. Banned acquisition
of enterprises
1. A fine ranging from 01% to 05% of total turnover
of the acquirer enterprise and the acquired enterprise earned from the relevant
market in the financial year preceding the year in which the violation is
committed shall be imposed upon the acquirer enterprise for its purchase of a
part or all of paid-in capital and assets of another enterprise which is banned
as regulated in Article 30 of the Competition Law.
2. Remedial measures:
a) The acquirer enterprise is forced to sell the
part or all of paid-in capital and assets which have been purchased;
b) The acquirer enterprise is forced to operate
under a competent authority’s control over prices of goods/services or other
transaction terms included in its signed contracts for a specific period.
Article 13. Banned joint
venture between enterprises
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Additional penalties:
The enterprise registration certificate which has
been issued to the joint venture shall be revoked.
3. Remedial measures:
The enterprise participating in the joint venture
is forced to operate under a competent authority’s control over prices of
goods/services or other transaction terms included in its signed contracts.
Article 14. Failure to give
notification of economic concentration
A fine ranging from 01% to 05% of total turnover of
each enterprise participating in the economic concentration earned from the
relevant market in the financial year preceding the year in which the violation
is committed shall be imposed upon that enterprise for failure to give
notification of such economic concentration as regulated in Article 33 of the
Competition Law.
Article 15. Other violations
against regulations on economic concentration
1. A fine ranging from 0.5% to 01% of total
turnover of each enterprise participating in the economic concentration earned
from the relevant market in the financial year preceding the year in which the
violation is committed shall be imposed upon that enterprise for:
a) Carrying out the economic concentration without
obtaining a notice of preliminary valuation from the National Competition
Committee as regulated in Clause 2 Article 36 of the Competition Law, except
for the case prescribed in Clause 3 Article 36 of the Competition Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. A fine ranging from 01% to 03% of total turnover
of each enterprise participating in the economic concentration earned from the
relevant market in the financial year preceding the year in which the violation
is committed shall be imposed upon that enterprise for:
a) Failing to satisfy or insufficiently satisfying
the conditions specified in the decision on approval for economic concentration
prescribed in Point b Clause 1 Article 41 of the Competition Law;
b) Carrying out the economic concentration in the
case prescribed in Point c Clause 1 Article 41 of the Competition Law.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON UNFAIR COMPETITION
Article 16. Misappropriation
of trade secrets
1. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for committing one of the following violations:
a) Accessing or obtaining trade secrets by taking
actions against security measures adopted by the older of such trade secrets;
b) Disclosing or using trade secrets without the
permission of the holder of such trade secrets.
2. Additional penalties:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Profits illegally obtained from the
administrative violation shall be confiscated.
Article 17. Use of coercion
and undue influence in business
1. A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for threatening or coercing customers or business
partners of an enterprise into refusing to enter into or suspending
transactions with that enterprise.
2. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for committing the violation prescribed in Clause
1 of this Article if the threatened or coerced customers or business partners
are the largest ones of a competitor.
3. A fine twice as much as the fine for the
administrative violation prescribed in Clause 1 or Clause 2 of this Article
shall be imposed if the corresponding violation prescribed in Clause 1 or
Clause 2 of this Article involves two provinces or central-affiliated cities or
more.
4. Additional penalties:
a) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
b) Profits illegally obtained from the
administrative violation shall be confiscated.
Article 18. Trade libel
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for trade libel by directly spreading false information
about an enterprise with the aim of causing harm to the prestige, financial
status or business operations of that enterprise.
3. A fine twice as much as the fine for the
administrative violation prescribed in Clause 1 or Clause 2 of this Article
shall be imposed if the corresponding violation prescribed in Clause 1 or
Clause 2 of this Article involves two provinces or central-affiliated cities or
more.
4. Additional penalties:
a) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
b) Profits illegally obtained from the
administrative violation shall be confiscated.
5. Remedial measures:
The violating entity is forced to make public
correction of information.
Article 19. Disruption to
business activities of other enterprises
1. A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for indirectly disturbing or disrupting business
activities of another enterprise.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. A fine twice as much as the fine for the
administrative violation prescribed in Clause 1 or Clause 2 of this Article
shall be imposed if the corresponding violation prescribed in Clause 1 or
Clause 2 of this Article involves two provinces or central-affiliated cities or
more.
4. Additional penalties:
a) The violating entity shall have its/his/her
license, practicing certificate or operations suspended for a period from 06 to
12 months from the effective date of the decision on settlement of competition
case;
b) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
c) Profits illegally obtained from the administrative
violation shall be confiscated.
Article 20. Illegally luring
customers from other enterprises
1. A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for luring or poaching customers from other
enterprises in one of the following forms:
a) The enterprise provides false or misleading
information about its profiles or its products, services, promotion programs or
trading conditions relating to its goods or services with the aim of attracting
customers of other enterprises;
b) The enterprise compares its goods or services
with those of the same types provided by other enterprises without giving
persuasive evidence.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Additional penalties:
a) The violating entity shall have its/his/her
license, practicing certificate or operations suspended for a fixed period;
b) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
c) Profits illegally obtained from the
administrative violation shall be confiscated.
4. Remedial measures:
a) The violating entity is forced to make public
correction of information;
b) The violating entity is forced to remove
violating elements on its goods, goods labels, and means of trading or
articles.
Article 21. Selling goods or
providing services below costs
1. A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed for selling goods or providing services below
their costs and thus driving or potentially driving other enterprises selling
or providing the same type of goods or services out of the market.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Additional penalties:
a) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
b) Profits illegally obtained from the
administrative violation shall be confiscated.
Section 5. VIOLATIONS AGAINST
OTHER REGULATIONS ON COMPETITION
Article 22. Violations against
regulations on provision of information and documents
1. A warning shall be imposed upon the party subject
to the investigation or the person with relevant interests and duties for
failure to provide information/documents by the deadline requested by the
National Competition Committee, the authority in charge of investigation into
the competition case or the anti-competitive case handling council.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed upon the party subject to the investigation or the
person with relevant interests and duties for failure to provide sufficient
information/documents as requested by the National Competition Committee, the
authority in charge of investigation into the competition case or the
anti-competitive case handling council.
3. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed the party subject to the investigation or the
person with relevant interests and duties for:
a) Failing to provide information/documents as
requested by the National Competition Committee, the authority in charge of
investigation into the competition case or the anti-competitive case handling
council;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Forcing another person to provide false
information/documents;
d) Concealing or destroying information/documents
relating to the competition case.
4. Remedial measures:
The violating entity is forced to provide
sufficient information/documents.
Article 23. Violations against
other regulations on investigation into and settlement of competition cases
1. A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for committing one of the following violations:
a) Disclosing confidential information/documents
relating to the investigation;
b) Disrupting the court hearing.
2. Additional penalties:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 24. Entering into
anti-competitive agreements before obtaining exemption decisions from competent
authorities
1. A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for each enterprise entering into an
anti-competitive agreement in the exemption case prescribed in Article 14 of
the Competition Law before obtaining an exemption decision from the Chairperson
of the National Competition Committee.
2. Additional penalties:
a) The exhibits and instrumentalities for
committing the administrative violation shall be confiscated;
b) Profits illegally obtained from the
administrative violation shall be confiscated.
3. Remedial measures:
The violating entity is forced to restore the
original state.
Article 25. Providing
information for or mobilizing, inciting, coercing or enabling enterprises to
engage in anti-competitive or unfair practices
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for providing information for or mobilizing,
inciting, coercing or enabling enterprises to engage in anti-competitive or
unfair practices.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The violating entity shall have its/his/her
license, practicing certificate or operations suspended for a fixed period from
06 to 12 months from the effective date of the decision on imposition of
penalty for violations against other regulations on competition;
b) The exhibits and instrumentalities used for
committing the administrative violation shall be confiscated;
c) The enterprise registration certificate or
equivalent document shall be revoked.
3. Remedial measures:
The violating entity is forced to make public
correction of information.
Chapter III
POWER AND PROCEDURES FOR
IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
COMPETITION
Section 1. POWER TO IMPOSE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMPETITION
Article 26. Power to impose
penalties for violations against regulations on economic concentration and
unfair competition
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Issue warning;
2. Impose a fine;
3. Impose one or some of the additional penalties prescribed
in Points a, b, c Clause 2 Article 3 of this Decree;
4. Enforce one or some of the remedial measures
mentioned in Points a, c, dd, e, h, I and k Clause 3 Article 3 of this Decree;
5. Request competent authorities to impose the
penalty prescribed in Point d Clause 2 Article 3 of this Decree.
Article 27. Power to impose
penalties for violations against regulations on anti-competitive agreements,
abuse of dominant position and monopoly position
The anti-competitive case handling council shall
have the power to:
1. Issue warning;
2. Impose a fine;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Enforce the remedial measures mentioned in
Points a, c, d, e, h, i and k Clause 3 Article 3 of this Decree.
Article 28. Power to impose
penalties for violations against other regulations on competition
1. On-duty inspectors and persons assigned to carry
out specialized inspections in competition sector shall have the power to:
a) Issue warning;
b) Impose fines up to VND 500,000 for violations
against regulations on competition committed by individuals and up to VND
1,000,000 for those committed by organizations.
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations provided their value does not
exceed the fine specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Point
g Clause 3 Article 3 of this Decree.
2. Chief Inspector of the Ministry of Industry and
Trade and Chairperson of the National Competition Committee shall have the
power to:
a) Issue warning;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Impose the additional penalties prescribed in
Points b, c Clause 2 Article 3 of this Decree;
d) Enforce the remedial measures mentioned in
Points a, g and l Clause 3 Article 3 of this Decree.
3. With regard to the violations prescribed in
Article 25 of this Decree, Chairperson of the National Competition Committee
and anti-competitive case handling council shall have the power to:
a) Issue warning;
b) Impose fines up to VND 25,000,000 for violations
against regulations on competition committed by individuals and up to VND
50,000,000 for those committed by organizations;
c) Impose the additional penalties prescribed in
Points a, b and c Clause 2 Article 3 of this Decree;
d) Enforce the remedial measures mentioned in Point
a Clause 3 Article 3 of this Decree;
dd) Request competent authorities to impose the
penalty prescribed in Point d Clause 2 Article 3 of this Decree.
Section 2. PROCEDURES FOR
IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
COMPETITION
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Procedures for imposing penalties for
administrative violations against regulations on anti-competitive agreements,
abuse of dominant position and monopoly position, economic concentration and
unfair competition shall comply with regulations of the Competition Law.
2. Procedures for imposing penalties for
administrative violations against other regulations on competition shall comply
with regulations of the Law on penalties for administrative violations.
3. Procedures and order for imposing additional
penalties, enforcing remedial measures, preventive measures and measures for
ensuring the enforcement of penalties in the course of imposing penalties for
administrative violations against regulations on competition shall comply with
regulations of the Competition Law and the Law on penalties for administrative
violations.
Article 30. Power to record
violations against other regulations on competition
When detecting any violations against other
regulations on competition as prescribed in Section 5 Chapter II of this
Decree, inspectors, persons assigned to carry out specialized inspections,
heads of authorities in charge of investigation into competition cases, and
clerks of court hearings must record administrative violations.
Section 3. PROCEDURES FOR
IMPLEMENTING DECISIONS ON SETTLEMENT OF COMPETITION CASES AND DECISIONS ON
IMPOSITION OF PENALTIES FOR VIOLATIONS AGAINST OTHER REGULATIONS ON COMPETITION
Article 31. Abiding by
decisions on settlement of competition cases and decisions on imposition of
penalties for violations against other regulations on competition
1. Any violating enterprise must abide by the
decision on settlement of competition case made by the anti-competitive case
handling council or of the Chairperson of the National Competition Committee
within 15 days from the date on which such decision takes legal effect.
2. Any entity that commits any of the violations
against other regulations on competition as prescribed in Section 5 Chapter II
of this Decree is required to abide by the decision on imposition of penalties
for that violation within 10 days from the date of receipt of that decision.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The violating entities that incur fines according
to decisions on settlement of competition cases or decisions on imposition of
penalties for violations against other regulations on competition shall make
payment of fines to the State Treasury specified in such decisions.
Article 33. Implementation of
decisions on settlement of competition cases
1. After the time limit specified in Article 31 of
this Decree expires, if a decision debtor neither voluntarily implements the
decision nor makes a complaint to the Chairperson of the National Competition
Committee in accordance with regulations in Article 96 of the Competition Law,
the decision creditor is entitled to request the competition authority
prescribed in Clause 2 or Clause 3 of this Article in writing to enforce the
decision on settlement of competition case within the ambit of its assigned
functions, duties and powers.
3. Other competent authorities shall organize the implementation of measures
for enforcing the restructuring of enterprises that have abused their dominant
position, full/partial division of transferee or consolidated enterprises, or
transfer/sale of capital and assets that violating enterprises purchased at the
request of anti-competitive case handling councils or Chairperson of the
National Competition Committee as specified in decisions on settlement of
competition cases.
4. The civil enforcement agency of each province or
central-affiliated city where the headquarters, residence or other assets of
the relevant decision debtor is located shall organize the implementation of
assets-related contents of the decision on settlement of competition case at
the request of the decision creditor.
Chapter IV
IMPLEMENTATION
Article 34. Effect
1. This Decree comes into force from December 01,
2019.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 35. Transition
The persons competent to impose penalties
prescribed in Article 101, Article 102 and Article 103 of the Government's
Decree No. 185/2013/ND-CP dated November 15, 2013 (as amended in the
Government’s Decree No. 124/2015/ND-CP dated November 19, 2015 and the
Government's Decree No. 141/2018/ND-CP dated October 08, 2018) shall have the
power to impose penalties for administrative violations prescribed in Article 36
of the Government's Decree No. 71/2014/ND-CP dated July 21, 2014 (as amended in
Clause 1 Article 1 of the Government's Decree No. 141/2018/ND-CP dated October
08, 2018) until an amending or superseding document is promulgated.
Article 36. Responsibility for
implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies and Chairpersons of Provincial People’s Committees shall
be responsible for the implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc