This Decree was promulgated by the Government on September 30, specifying sanctions against the following acts of violation:
This Decree was promulgated by the Government on September 30, specifying sanctions against the following acts of violation:
- Violating provisions on control of acts in restraint of competition, including acts of violating provisions on competition restriction agreements, abuse of dominant market position, abuse of monopoly position and economic concentrations;
- Violating provisions on unfair competition;
- Violating other provisions of competition law.
Violations of provisions on control of acts in restraint of competition will be subject to fines at the levels specified in Sections 1, 2 and 3, Chapter II of this Decree. Such a fine, however, shall not exceed 10% of total turnover generated by the violating enterprises in the fiscal year preceding the year when the violations are committed.
For a newly established enterprise which has operated for under one fiscal year, the above-said total turnover will be turnover generated by the enterprise from the date of its establishment to the date of issuance of the decision on official investigation of its violation.
Violations related to unfair competition and violations of other provisions of competition law will be subject to fines at the levels specified in Sections 4 and 5, Chapter II of this Decree.
According to the Decree, organizations or individuals handled for violations of competition law or their lawful representatives may lodge complaints with competent agencies about competition case-handling decisions or violation-handling decisions issued by competition case-handling panels or the competition-managing agency when they have grounds to believe that such decisions are illegal and harmful to their legitimate rights and interests.
Citizens may report to competent agencies acts of violation committed in the process of handling of violations of competition law, causing damage or threatening to cause damage to State interests or legitimate rights and interests of agencies, organizations or individuals.
If disagreeing with complaint-settling decisions of competent agencies, the related parties may initiate administrative lawsuits concerning some or all of the contents of such decisions according to the provisions of the Competition Law or the provisions of law on complaints and denunciations and procedures for settlement of administrative cases.
(Source: VietnamLaw )
