Chương I Luật cạnh tranh năm 2018: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law sets forth anti-competitive practices, economic concentration that causes or may cause anti-competitive effects on the market of Vietnam; unfair competition practices; competition legal proceedings; sanctions against violations of competition law; state management of competition.

Article 2. Regulated entities

1. Business organizations and individuals (hereinafter referred to as enterprises), including enterprises that produce and provide public-utility products and services, enterprises that operate in state-monopolized sectors/domains, public sector entities and foreign enterprises that operate in Vietnam.

2. Industry associations operating in Vietnam.

3. Relevant domestic and foreign agencies, organizations and individuals.

Article 3. Interpretation of terms

For the purpose of the Law, these terms below shall be construed as follows:

1. “Industry association” includes business association and professional association.

2. “Anti-competitive practices” means enterprises’ practices that cause or may cause anti-competitive effects, including anti-competitive agreement, abuse of a dominant position on the market and abuse of monopoly power.

3. “Anti-competitive effects” means the effect of eliminating, reducing, distorting or deterring competition on the market.

4. “Anti-competitive agreement” means arrangements made by parties in any form, which causes or may cause anti-competitive effects.

5. “Abuse of a dominant position, abuse of monopoly position” means behavior of enterprises with dominant position, monopoly position which causes or may cause anti-competitive effects.

6. “Unfair competition practices” means competition acts performed by enterprises against the principles of good faith, honesty, business norms and standards, which cause or may cause damage to the legitimate rights and interests of other enterprises.

7. “Relevant market” means the market of those products and/or services that are regarded as interchangeable by reason of their characteristics, intended use and prices in a specific geographical area with homogeneous conditions of competition, which is considerably differentiated from neighboring geographic areas.

8. “Competition legal proceedings” means investigation, handling of competitions cases and handling of claims against decisions on settlement of a competition case (hereinafter referred to as settlement decisions) following the procedures prescribed herein.

9. “Competition case” means case showing signs of violation of competition law, which is investigated and handled in accordance with this Law, including anti-competition, violation of regulations on economic concentration and unfair competition.

Article 4. State’s policies on competition

1. This Law governs competition relations in general. Investigation and handling of competitions cases, exemption from prohibition on anti-competitive agreement and notification of economic concentration shall apply this Law.

2. If there is any discrepancy between this Law and other laws in terms of anti-competitive practices, economic concentration, unfair competition practices and handling of unfair competition practices, the latter shall prevail.

Article 5. Competition rights and rules in business

1. Enterprises are entitled to freedom of competition in accordance with legal provisions. The State guarantees the lawful right to competition in business.

2. Competition must be implemented on the principles of honesty, fairness, non-infringement upon the interests of the State, public interests, legitimate rights and interests of enterprises and consumers.

Article 6. State’s policies on competition

1. Create and maintain healthy, fair, and transparent competition environment.

2. Promote competition, ensure right to freedom of competition in business accordance with legal provisions.

3. Enhance accessibility to market, improve efficiency, social welfares and protect consumers’ interests.

4. Enable society and consumers to oversee the implementation of competition law.

Article 7. Roles of regulatory agencies in competition

1. The Government shall perform uniform state management of competition.

2. The Ministry of Industry and Trade shall be the designated contact point that assists the Government in state management of competition.

3. Ministries, ministerial-level agencies, within their tasks and powers, shall cooperate with the Ministry of Industry and Trade in state management of competition.

4. People’s Committees of provinces, within their tasks and powers, shall perform state management of competition.

Article 8. Prohibited acts related to competition

1. State agencies are prohibited from performing the following acts to prevent competition on the market:

a) Forcing, requesting, recommending enterprises, organizations or individuals to or not to buy, sell specific products, provide services or from/to specific enterprises, except for products and services in state-monopolized domains or in emergency cases prescribed by law;

b) Discriminating among enterprises;

c) Forcing, requesting, recommending industry associations, social-occupational organizations or enterprises to associate with one another with a view to restrain competition on the market;

d) Taking advantage of their positions and powers to illegally intervene the competition.

2. Organizations, individuals are prohibited from providing information, mobilizing, encouraging, coercing or enabling enterprises to engage in anti-competitive practices or unfair competition.