|
THE GOVERNMENT
OF VIETNAM
---------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No. 102/2026/ND-CP
|
Hanoi, March 31, 2026
|
DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO.
75/2019/ND-CP DATED SEPTEMBER 26, 2019 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON COMPETITION
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the
Competition Law No. 23/2018/QH14;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to the Law on
Enforcement of Civil Judgments No. 26/2008/QH12, as amended by the Law No.
64/2014/QH13;
At the request of the
Minister of Industry and Trade of Vietnam;
The Government of
Vietnam promulgates a Decree providing amendments to Government’s Decree No.
75/2019/ND-CP dated September 26, 2019 prescribing 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. Point g is amended as follows:
“g) Enforced provision of
complete and accurate information and documents;”.
2. Point m is added following point l:
“m) Enforced satisfaction of
all conditions set out in the decision on approval for economic concentration
prescribed in Point b Clause 1 Article 41 of the Competition Law.”.
Article
2. Amendments to some clauses of Article 4
1. Clause 3 is amended as follows:
“3. A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed upon an enterprise
committing a violation in one of the following cases:
a) The 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 or Clause 2 of this Article is determined to be zero (0);
b) Enterprises
participating in the economic concentration commit the violation in Clause 2 of
this Article in different relevant markets; do not engage in business in
different stages of the same chain of production, distribution, or supply of a
certain type of goods or services; and do not engage in business lines that
provide inputs to or support each other.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“4. Where the enterprises
participating in the economic concentration engage in business in different
stages of the same chain of production, distribution, or supply of a certain
type of goods or services, or engage in business lines that provide inputs to
or support each other, or where enterprises entering into a prohibited
anti-competitive agreement engage in business in different stages of the same
chain of production, distribution, or supply of a certain type of goods or
services, the total turnover earned from the relevant market, as prescribed in
Clause 1 and Clause 2 of this Article, shall be the sum of turnovers earned
from all markets related to the violation.”.
3. Clause 8 is amended as follows:
“8. The specific fine
imposed for an administrative violation against regulations on competition is
the average of fines within the fine bracket for that violation.
If there is a mitigating
circumstance, the specific fine shall be determined within the range from above
the minimum fine to below the average of fines within the fine bracket, but
shall not be lower than the average of the minimum fine and the average of
fines. If there are 02 or more mitigating circumstances, the minimum fine of
the fine bracket shall be imposed.
If there is an aggravating
circumstance, the specific fine shall be determined within the range from above
the average of fines to below the maximum fine within the fine bracket, but
shall not exceed the average of the maximum fine and the average of fines. If
there are 02 or more aggravating circumstances, the maximum fine of the fine
bracket shall be imposed.
If there are both
aggravating and mitigating circumstances, one mitigating circumstance shall
offset one aggravating circumstance.”.
Article
3. Abrogation of clause 2 Article 11.
Article
4. Abrogation of clause 2 Article 13.
Article
5. Amendments to Article 14
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The following fines shall
be imposed upon each enterprise participating in the economic concentration for
failure to give notification of such economic concentration as prescribed in
the Competition Law:
1. A fine ranging from VND
500.000.000 to VND 1.000.000.000 shall be imposed upon each enterprise
participating in the economic concentration whose total assets in the
Vietnamese market, total sales and total purchases in the Vietnamese market are
below VND 3.000 billion in the financial year preceding the year of the
economic concentration, but shall not exceed 05% of total turnover earned by
the violating enterprise from the relevant market in the financial year
preceding the year of the violation.
2. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed upon each enterprise
participating in the economic concentration whose total assets in the
Vietnamese market, or total sales, or total purchases in the Vietnamese market
are VND 3.000 billion or more in the financial year preceding the year of the
economic concentration, but shall not exceed 05% of total turnover earned by
the violating enterprise from the relevant market in the financial year
preceding the year of the violation.".
Article
6. Amendments to some clauses of Article 15
1. Clause 1 is amended as follows:
“1. A fine ranging from
VND 500.000.000 to VND 1.000.000.000 shall be imposed upon each enterprise
participating in the economic concentration whose total assets in the
Vietnamese market, total sales and total purchases in the Vietnamese market are
below VND 3.000 billion in the financial year preceding the year of the economic
concentration, but shall not exceed 05% of total turnover earned by the
violating enterprise from the relevant market in the financial year preceding
the year of the violation; or a fine ranging from VND 1.000.000.000 to VND
2.000.000.000 shall be imposed upon each enterprise participating in the
economic concentration whose total assets in the Vietnamese market, or total
sales, or total purchases in the Vietnamese market are VND 3.000 billion or
more in the financial year preceding the year of the economic concentration,
but shall not exceed 05% of total turnover earned by the violating enterprise
from the relevant market in the financial year preceding the year of the
violation, for commission of any of the following violations:
a) Carrying out the economic
concentration without obtaining a notice of preliminary valuation results from
the Vietnam Competition Commission as prescribed in Clause 2 Article 36 of the
Competition Law, except for the case prescribed in Clause 3 Article 36 of the
Competition Law;
b) Carrying out the
economic concentration before the Vietnam Competition Commission issues a
decision as prescribed in Article 41 of the Competition Law in case such
economic concentration requires an official evaluation.”.
2. Clause 2 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Clauses 3 and 4 are added following Clause 2 as follows:
“3. A fine ranging from 01%
to 05% of total turnover earned from the relevant market by an enterprise
participating in the economic concentration in the financial year preceding the
year of the violation shall be imposed for carrying out the economic
concentration in the case prescribed in Point c Clause 1 Article 41 of the
Competition Law.
4. Remedial measures:
a) The violating entity is
compelled to satisfy all conditions set out in the decision on approval for
economic concentration prescribed in Point b Clause 1 Article 41 of the
Competition Law, in case of commission of the violation in Clause 2 of this
Article;
b) Enforced full or
partial division of the enterprise formed through a merger or consolidation in
case of commission of the violation in Clause 3 of this Article;
c) Enforced sale or
transfer of partial or entire capital contributions and assets purchased by the
enterprise in case of commission of the violation in Clause 3 of this Article;
d) Enforced operation
under a competent authority’s control over buying and selling prices of
goods/services or other transaction terms included in contracts concluded by
transferee, new enterprises that are established from the economic
concentration, acquirer enterprises, or joint-venture enterprises, in case of
commission of the violation in Clause 3 of this Article.”.
Article
7. Abrogation of Point a Clause 4 Article 19.
Article
8. Abrogation of Point a Clause 3 Article 20.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Clause 2 is amended as follows:
“2. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed upon any party subject to
investigation, any person with relevant interests and obligations in a
competition case, parties to an economic concentration, or applicants for
exemption from prohibited anti-competitive agreements, for providing incomplete
information or documents as requested by Vietnam Competition Commission, the
authority in charge of investigation into the competition case, or the
anti-competitive case handling council, during the investigation or handling of
a competition case, or the consideration of an application for exemption from a
prohibited anti-competitive agreement.”.
2. Clause 3 is amended as follows:
“3. A fine ranging from
VND 20.000.000 to VND 50.000.000 shall be imposed upon any party subject to
investigation, any person with relevant interests and obligations in a
competition case, parties to an economic concentration, or applicants for
exemption from prohibited anti-competitive agreements, for commission of one of
the following violations:
a) Failing to provide
information or documents as requested by Vietnam Competition Commission, the
authority in charge of investigation into the competition case, or the
anti-competitive case handling council, during the investigation or handling of
a competition case, or the consideration of an application for exemption from a
prohibited anti-competitive agreement;
b) Providing false or
untruthful information or documents, or falsifying information or documents;
c) Forcing another person
to provide false or untruthful information or documents, or to falsify
information or documents;
d) Concealing or
destroying information or documents relating to the competition case.”.
3. Clause 4 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Enforced provision of
complete and truthful information and documents.”.
4. Clause 5 is added following Clause 4 as follows:
“5. Vietnam Competition
Commission shall decide to revoke the notice confirming the completeness and
validity of the economic concentration notification dossier, the notice of
results of preliminary valuation of the economic concentration, or the decision
on approval for the economic concentration if it discovers that any party
submitting the notification dossier has committed one or more of the violations
specified in Point b, c or d Clause 3 of this Article, resulting in a
distortion of the results prescribed in Clause 2, Clause 3 Article 36 and
Article 41 of the Competition Law.”.
Article
10. Abrogation of Point c Clause 2 Article 25.
Article
11. Amendments to and abrogation of some clauses of Article 26
1. Clause 1 is abrogated.
2. Clause 3 is amended as
follows:
“3. Impose one or some of
the additional penalties prescribed in Points b, c Clause 2 Article 3 of this
Decree;”.
3. Clause 4 is amended as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
12. Amendments to and abrogation of some clauses of Article 27
1. Clause 1 is abrogated.
2. Clause 3 is amended as
follows:
“3. Impose the additional
penalty prescribed in Point c Clause 2 Article 3 of this Decree;”.
3. Clause 4 is amended as
follows:
“4. Impose one or some of
the remedial measures mentioned in Points c, d, h, i and k Clause 3 Article 3
of this Decree.”.
Article
13. Amendments to and abrogation of some clauses of Article 28
1. Clause 1, Clause 2 and
Point dd Clause 3 are abrogated.
2. Clause 3 is amended as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Issue warning;
b) Impose fines up to VND
100.000.000 for violations against regulations on competition committed by
individuals, and up to VND 200.000.000 for those committed by organizations;
c) Impose the additional
penalties prescribed in Points b and c Clause 2 Article 3 of this Decree;
d) Impose one or some of
the remedial measures mentioned in Points a, g, and l Clause 3 Article 3 of
this Decree.”.
Article
14. Amendments to Article 30
“Upon detecting violations
against other regulations on competition specified in Section 5 Chapter II of
this Decree, heads of inspection teams established by the Minister or heads of
the Ministry’s affiliated units, heads of authorities in charge of
investigation into competition cases, competition case investigators, clerks of
court hearings, persons assigned to conduct preliminary or official valuation
of economic concentration cases, and persons assigned to consider applications
for exemption from prohibited anti-competitive agreements shall have the power
to make records of such administrative violations.”.
Article
15. Amendments to Article 32
Article 32. Methods of
fine payment
Violating entities that
incur fines according to decisions on settlement of competition cases, or
decisions on imposition of administrative penalties for violations against
other regulations on competition, shall pay fines adopting any of the following
methods:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Pay the fine by bank
transfer into the State Treasury’s account specified in decisions on settlement
of competition cases, or decisions on imposition of administrative penalties
for violations against other regulations on competition, via the National
Public Service Portal or electronic payment services provided by banks or
payment intermediary service providers.".
Article
16. Amendments to clause 4 Article 33
“4. The civil judgment
enforcement agency of the province or central-affiliated city where the
headquarters, place of residence, or assets of the relevant decision debtor are
located shall organize the enforcement of the assets-related part of the decision
on settlement of competition case at the request of the decision creditor,
including any interest on late payment of the fine as prescribed by law.”.
Clause
17. Addition of Article 33a following Article 33
“Article 33a. Online
handling of administrative violations
Online handling of
administrative violations, and online sending and receipt of penalty imposition
decisions shall comply with provisions of the Government’s Decree No.
118/2021/ND-CP dated December 23, 2021 elaborating and providing measures for
implementation of the Law on Handling of Administrative Violations, as amended
by the Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.”.
Article
18. Implementation
1. This Decree comes into
force from May 20, 2026.
2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces or central-affiliated cities, and relevant authorities shall be
responsible for the implementation of this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
From the effective date of
this Decree, violations against regulations on competition shall be considered
and handled according to the following provisions:
1. Violations against
regulations on competition which have been committed and terminated before the
effective date of this Decree, but have been investigated afterwards or are put
under consideration or resolution when this Decree takes effect, shall be
handled in accordance with provisions of this Decree.
2. Violations against
regulations on competition which have been committed before the effective date
of this Decree but are still ongoing when this Decree takes effect shall be
handled in accordance with provisions of this Decree.
3. If the violating entity
subject to a decision on settlement of competition case issued before the
effective date of this Decree files a complaint against such a decision, this
complaint shall be considered and settled in accordance with provisions of the
Government’s Decree No. 75/2019/ND-CP dated September 26, 2019 prescribing
penalties for administrative violations against regulations on competition.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Bui Thanh Son