CHAPTER III
UNFAIR COMPETITIVE PRACTICES
Article 39. Unfair competitive practices
Unfair competitive practices in this Law comprise:
1. Misleading instructions;
2. Infringement of business secrets;
3. Coercion in business;
4. Defamation of another enterprise;
5. Causing disruption to the business activities of another enterprise;
6. Advertisement aimed at unfair competition;
7. Promotion aimed at unfair competition;
8. Discrimination by an association;
9. Illegal multi-level selling of goods;
10. Other unfair competitive practices stipulated by the Government determined in accordance with the criteria stipulated in clause 4 of article 3 of this Law.
Article 40. Misleading instructions
1. Enterprises shall be prohibited from using instructions which contain misleading information about commercial names, business slogans, business logos, packaging, geographical indications and other elements in accordance with regulations of the Government in order to mislead customers in their understanding of goods and services for competitive purposes.
2. Conducting business in goods and services which use misleading instructions as prescribed in clause 1 of this article shall be prohibited.
Article 41. Infringement of business secrets
Enterprises shall be prohibited from conducting the following practices:
1. Accessing or collecting information in the category of business secret by countering the security measures taken by the lawful owner of such business secret;
2. Disclosing or using information in the category of business secret without permission from the lawful owner of such business secret;
3. Breaching a confidentiality contract or cheating or abusing the confidence of a person with an obligation to maintain confidentiality, aimed at accessing, collecting and disclosing information in the category of business secret of the owner of such business secret;
4. Accessing or collecting information in the category of business secret of an entity which conducts procedures stipulated by law in relation to business or conducts procedures to circulate products by countering security measures taken by State bodies, or using such information for business objectives or for the objective of applying for the issuance of a business-related permit or a permit to circulate products.
Article 42. Coercion in business
Enterprises shall be prohibited from coercing customers or business partners of another enterprise by threatening or coercive conduct in order to compel them not to transact or to cease a transaction with such other enterprise.
Article 43. Defamation of another enterprise
Enterprises shall be prohibited from defaming another enterprise by any direct or indirect act of providing untruthful information which adversely impacts on the reputation, financial position or business activities of such other enterprise.
Article 44. Causing disruption to business activities of another enterprise
Enterprises shall be prohibited from causing disruption to the lawful business activities of another enterprise by any direct or indirect act which hinders or interrupts the business activities of another enterprise.
Article 45. Advertisement aimed at unfair competition
Enterprises shall be prohibited from conducting the following advertising activities:
1. Comparing directly their own goods and services with those of the same type of another enterprise;
2. Imitating another advertising product in order to mislead customers;
3. Providing false or misleading information to customers about one of the following matters:
(a) Price, quantity, quality, usage, design, type, packaging, date of manufacture, use expiry, origin of goods, manufacturer, place of manufacture, processor or place of processing;
(b) Manner of use, method of service, warranty period;
(c) Other false or misleading information;
4. Other advertising activities prohibited by law.
Article 46. Promotions aimed at unfair competition
Enterprises shall be prohibited from conducting the following promotional activities:
1. Holding a promotion providing false information about prizes;
2. A promotion which is untruthful or misleading about goods and services in order to deceive customers;
3. Discriminating between similar customers in different promotional areas
within the same promotional campaign;
4. Offering free goods to customers for trial use but requiring exchange of goods of the same type produced by another enterprise which the customer is currently using in order that the customer will use the goods of the promoting enterprise;
5. Conducting other promotional activities which are prohibited by law.
Article 47. Discrimination by associations
Industry associations shall be prohibited from acting as follows:
1. Refusing admission to or refusing withdrawal from the association by any organization or individual satisfying the conditions for admission or withdrawal, if such refusal constitutes discriminatory treatment and places such organization or individual at a competitive disadvantage;
2. Unreasonably restricting the business activities or other activities involving a business objective of member enterprises.
Article 48. Illegal multi-level selling of goods
Enterprises shall be prohibited from conducting the following acts aimed at obtaining illegal profit from recruitment of new participants to a multi-level sales network:
1. Requiring persons who wish to participate to pay a deposit, to purchase an initial fixed quantity of goods, or to pay an amount of money in order to have the right to participate in multi-level selling of goods;
2. Failing to undertake to re-acquire the goods sold to the participant for re- sale at at least ninety (90) per cent of their original price;
3. Allowing participants to receive commissions, bonuses and/or other economic benefits essentially only from enticing other persons to participate in the multi-level sales network;
4. Providing untruthful information about the benefits of participation in the multi-level sales network or untruthful information about the quality and use purpose of goods in order to entice other persons to participate.
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Luật Kế toán 2015 (Bản Pdf)
Luật Kế toán 2015 (Bản Word)
