Chapter IX
SANCTIONS AGAINST VIOLATIONS OF COMPETITION LAW
Article 110. Rules and forms of sanctions against violations and remedial measures for violations of competition law
1. Any entity committing violation of competition law shall, depending on the nature and seriousness of their violations, be disciplined, incur penalties for administrative violations or face a criminal prosecution; in case of damage to the interests of the State, legitimate rights and interests of organizations and individuals, compensation must be paid according to the provisions of law.
2. For each violation of competition law, the violator shall be subject to one of the following primary penalties:
a) Warning;
b) Fines.
3. Depending on nature and severity of the violation, the violator may be subject to one of the following additional penalties:
a) Revocation of enterprise registration certificates or equivalent, deprivation of licenses and practicing certificates;
b) Confiscation of the exhibits and means used for violations of competition law;
c) Confiscation of the profit earned from the violations of competition law.
4. Apart from penalties prescribed in Clauses 2 and 3 hereof, the violator may be subject to the application of one or more of the following remedial measures:
a) Restructure the enterprises having abused their dominant position on the market or abused their monopoly position;
b) Remove illegal provisions from business contracts, agreements or transactions;
c) Divide, split or sell a part or all paid-in capital, assets of the enterprise which is established after economic concentration;
d) Subject to the control of competent authority related to purchase prices and sale prices of goods, services or other transaction conditions in contracts of the enterprise which is established after economic concentration;
dd) Make public correction;
e) Other necessary measures to overcome anti-competitive effects of the violation.
5. The Government shall provide guidelines for penalties and remedial measures for each violation prescribed in competition law.
Article 111. Fines imposed on violations of competition law
1. The maximum fine for violations of regulations on anti-competitive agreements, abuse of the dominant position on the market, abuse of the monopoly position shall be equal to 10% of the total turnover of violating enterprises on the relevant market in the fiscal year preceding the year of violation, but not less than the minimum fine imposed on violations prescribed by the Penal Code.
2. The maximum fine for violations of economic concentration regulations shall be 5% of the total turnover of violating enterprises on the relevant market in the fiscal year preceding the year of violation.
3. The maximum fine for violations of regulations on unfair competition shall be VND 2 billion.
4. The maximum fine for other violations of this Law shall be VND 200 million.
5. The maximum fines prescribed in Clauses 1, 2, 3 and 4 of this Article shall apply to violations committed by organizations; a violation of regulations on competition law committed by an individual shall be subject to a half of fine that imposed on an organization committing the same violation.
6. The Government shall provide guidelines for amounts of fines imposed on violations prescribed in this Law.
Article 112. Leniency policy
1. Enterprises that voluntarily inform to help the National Competition Commission detect, investigate and handle anti-competitive agreements prohibited prescribed in Article 12 of this Law might receive full or partial immunity from fines under the leniency policy.
2. The President of the National Competition Commission shall decide the granting of full or partial immunity from fines in accordance with the leniency policy.
3. The full or partial immunity from fines prescribed in Clause 1 hereof shall be granted if the enterprise meets the following conditions:
a) It has engaged in the anti-competitive agreement as a party as prescribed in Article 11 of this Law;
b) It voluntarily gives notice of the violation before competent bodies make an investigation decision;
c) It honestly provides all information/evidence that it has on the violation, which is of great help for the National Competition Commission to detect, investigate and handle the violation;
d) Fully cooperate with competent bodies during the investigation and handling of the violation.
4. Regulations in Clause 1 hereof shall not apply to enterprises that play the role of forcing or arranging other enterprises to participate in the agreement.
5. This leniency policy is applicable to no more than the first 3 enterprises which apply for leniency to the National Competition Commission and meet all the conditions specified in Clause 3 of this Article.
6. Criteria for determining the enterprises entitled to leniency:
a) Order of the notification;
b) Time of notification submission;
c) Fidelity and values of the provided information/evidence.
7. The full or partial immunity from fines shall be granted as follows:
a) The first enterprise applying for leniency and meeting the conditions specified in Clause 3 of this Article might receive full immunity from fines;
b) The second and third enterprises applying for leniency and meeting the conditions specified in Clause 3 of this Article might receive 60% and 40% of immunity from fines respectively;
Article 113. Power and forms of sanctions against violations of competition law
1. If a regulatory body performs an act prescribed in Clause 1 Article 8 of this Law, the National Competition Commission shall request such regulatory body to terminate the act and adopt remedial measures. The aforesaid regulatory body shall terminate the act, adopt remedial measures and compensate for damage as per the law.
2. In case of prohibited acts prescribed in Clause 2 Article 8 of this Law, the President of the National Competition Commission and the anti-competitive settlement council shall have power to:
a) Give warnings;
b) Impose fines as prescribed in Clause 4 Article 111 of this Law;
c) Adopt measures prescribed in Points b, c Clause 3 and Points dd, e Clause 4 Article 110 of this Law;
d) Request the competent authority to adopt measures prescribed in Point a Clause 3 Article 110 of this Law.
3. In cases of violations of anti-competitive agreements, abuse of the dominant position on the market, abuse of the monopoly position, the anti-competitive settlement council shall have the power to:
a) Give warnings;
b) Impose fines as prescribed in Clause 1 Article 111 of this Law;
c) Adopt measures prescribed in Points b, c Clause 3 and Points a, b, d, dd, e Clause 4 Article 110 of this Law;
d) Request the competent authority to adopt measures prescribed in Point a Clause 3 and Point a Clause 4 Article 110 of this Law.
4. In cases of violation of economic concentration regulations, the President of the National Competition Commission shall have power to:
a) Give warnings;
b) Impose fines as prescribed in Clause 2 Article 111 of this Law;
c) Adopt measures prescribed in Points b, c Clause 3 and Points a, c, d, e Clause 4 Article 110 of this Law;
d) Request the competent authority to adopt measures prescribed in Point a Clause 3 and Point a Clause 4 Article 110 of this Law.
5. In case of violations of unfair competition and other violations prescribed herein other than the cases prescribed in Clauses 1, 2, 3 and 4 hereof, the President of National Competition Commission shall have power to:
a) Give warnings;
b) Impose fines as prescribed in Clauses 3 and 4 Article 111 of this Law;
c) Adopt measures prescribed in Points b, c Clause 3 and Points dd, e Clause 4 Article 110 of this Law;
d) Request the competent authority to adopt measures prescribed in Point a Clause 3 Article 110 of this Law.
6. Prohibited acts prescribed in Clause 7 Article 45 of this Law shall be settled as prescribed in relevant laws.
Article 114. Enforcement of settlement decisions
1. Within 15 days from the effective date of a settlement decision, if the party obliged to comply with the decision fails to voluntarily do so, the President of the National Competition Commission and the successful party shall have the right to request competent authorities to enforce the settlement decision.
2. If a settlement decision is related to the properties of the party bound to comply with such decision, the National Competition Commission shall request the competent civil enforcement agency to carry out the enforcement.
Article 115. Enforcement of decision on handling of complaint against settlement decision
1. Within 15 days from the effective date of a settlement decision, if the party obliged to comply with the decision fails to voluntarily do so, the President of the National Competition Commission and the successful party shall have the right to request competent authorities to enforce the settlement decision.
2. If a settlement decision is related to the properties of the party bound to comply with such decision, the National Competition Commission and the successful party may request the competent civil enforcement agency to carry out the enforcement.
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