Vietnam merger control
Produced in partnership with DFDL
Vietnam merger control

The following Competition practice note produced in partnership with DFDL provides comprehensive and up to date legal information covering:

  • Vietnam merger control
  • 1. Have there been any recent developments regarding the Vietnamese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Vietnam?
  • 2. Under Vietnamese merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the NCC?
  • More...

Vietnam merger control

A conversation with Thang Huynh, partner, and David Fruitman, regional competition counsel at regional law firm DFDL on key issues on merger control in Vietnam.

NOTE–to see whether notification thresholds in Vietnam and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Vietnamese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Vietnam?

In 2020, Vietnam issued Decree 35 on Detailed Regulations for Implementation of the Law on Competition dated 24 March 2020 (‘Decree 35’), which took effect on 15 May 2020. This was an essential step in commencing the competition regime contemplated under the Law on Competition dated 12 June 2018 (“Competition Law”). Although the Competition Law formally became effective on 1 July 2019, significant and crucial details, particularly with respect to the merger notification regime, were left for later clarification and required the issuance of Decree 35. In 2020, notification guidelines were also issued that include a notification form, an outline of the assessment process and some guidance on notification procedures.

We note that, at this time, the regulatory authority under the Competition Law, the National Competition Committee (‘NCC’) has still not been appointed. In the interim, the Ministry of Industry and Trade has issued the above-noted notification guidelines under which it

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