Cartel regulation—Vietnam—Q&A guide
Cartel regulation—Vietnam—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Vietnam—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Vietnam—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Vietnam published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: LNT & Partners—Nguyen Anh Tuan; Tran Hai Thinh; Tran Hoang My

1. What is the relevant legislation?

The Competition Law 2018, which came into force on 1 July 2019, is the primary legislation regulating cartel activities in Vietnam. Competition-related provisions and industry-specific infringements and exemptions can also be found in specialised instruments such as Insurance Business Law 2000, Telecommunications Law 2009, and the Law on Credit Institutions 2010.

The Penal Code 2015 (as amended) is the sole legislation governing criminal cartel offences.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

The National Competition Commission (NCC) is Vietnam's principal competition watchdog. Under the purview of the Ministry of Industry and Trade, the NCC amalgamates the investigative and adjudicative functions formerly discharged by the Vietnam Competition and Consumer Authority (VCCA) and Vietnam Competition Council respectively. The NCC is in charge of administrative competition violations.

Criminal competition violations are investigated by the police, prosecuted by the procuracy (ie, public prosecutors) and adjudicated by the courts. There is no separate investigative body, tribunal or court dealing with criminal competition violations.

3. Have there been

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