Decree 102/2026/ND-CP amending Decree 75/2019/ND-CP on sanctioning administrative violations in competition

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 75/2019/ND-CP dated September 26, 2019 on sanctioning of administrative violations in competition

Pursuant to the Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to the Law No. 23/2018/QH14 on Competition;

Pursuant to the Law No. 15/2012/QH13 on Handling of Administrative Violations, which is amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Law No. 26/2008/QH12 on Enforcement of Civil Judgments, which is amended and supplemented by Law No. 64/2014/QH13;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 75/2019/ND-CP dated September 26, 2019 on sanctioning of administrative violations in competition.

Article 1. Amending and supplementing Clause 3 of Article 3

1. To amend and supplement Point g as follows:

“g) Compulsory provision of full and truthful information and documents;”.

2. To add Point m after Point l:

“m) Compulsory satisfaction of all conditions stated in the decisions on economic concentration prescribed at Point b, Clause 1, Article 41 of the Law on Competition.”.

Article 2. Amending and supplementing a number of clauses of Article 4

1. To amend and supplement Clause 3 as follows:

“3. A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed on enterprises committing acts of violation in one of the following cases:

a) The total turnover of the violating enterprises on the relevant market in the fiscal year preceding the year of committing acts of violation prescribed in Clause 1 and Clause 2 of this Article is defined as 0 (zero);

b) Enterprises participating in economic concentration committing acts of violation prescribed in Clause 2 of this Article are not on the same relevant market; do not operate in different stages of the same production, distribution and supply chain for a certain type of goods or services and do not have business lines that are the inputs or complements for each other.”.

2. To amend and supplement Clause 4 as follows:

“4. In cases where the enterprises participating in economic concentration are those operating in different stages of the same production, distribution and supply chain for a certain type of goods or services, or the business lines of the enterprises participating in economic concentration are the inputs or complements for each other, or the enterprises participating in prohibited anti-competitive agreements are those operating in different stages of the same production, distribution and supply chain for a certain type of goods or services, the total turnover on the relevant market prescribed in Clause 1 and Clause 2 of this Article shall be defined as the total revenue from all the markets related to acts of violation.”.

3. To amend and supplement Clause 8 as follows:

“8. The specific fine for an act of administrative violation in competition is the midpoint of the fine range prescribed for such act of violation.

In cases where there is 01 extenuating circumstance, the specific fine shall be set within a range above the minimum fine but below the midpoint of the prescribed fine range, and not lower than the midpoint between the minimum fine and the midpoint of the prescribed fine range. In cases where there are 02 or more extenuating circumstances, the minimum fine of the fine range shall be imposed.

In cases where there is 01 aggravating circumstance, the specific fine shall be set within a range above the midpoint but below the maximum fine of the prescribed fine range, and not higher than the midpoint between the maximum fine and the midpoint of the prescribed fine range. In cases where there are 02 or more aggravating circumstances, the maximum fine of the fine range shall be imposed.

In cases where both aggravating and extenuating circumstances exist, one aggravating circumstance shall be offset against one extenuating circumstance.”.

Article 3. Annulling Clause 2 of Article 11.

Article 4. Annulling Clause 2 of Article 13.

Article 5. Amending and supplementing Article 14

“Article 14. Acts of failing to notify the economic concentration

Fines for each enterprise participating in economic concentration for committing acts of failing to notify the economic concentration in accordance with the Law on Competition are as follows:

1. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed on each enterprise participating in economic concentration having the total assets on the Vietnam market, total sales turnover and total purchase turnover on the Vietnam market of less than VND 3,000 billion in the fiscal year preceding the year of performing economic concentration, but not exceeding 05% of the total turnover of the violating enterprise on the relevant market in the fiscal year preceding the year of committing acts of violation.

2. A fine of between VND 1,000,000,000 and VND 2,000,000,000 shall be imposed on each enterprise participating in economic concentration having the total assets on the Vietnam market or total sales turnover or total purchase turnover on the Vietnam market of VND 3,000 billion or more in the fiscal year preceding the year of performing economic concentration, but not exceeding 05% of the total turnover of the violating enterprise on the relevant market in the fiscal year preceding the year of committing acts of violation.”.

Article 6. Amending and supplementing a number of clauses of Article 15

1. To amend and supplement Clause 1 as follows:

“1. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed on each enterprise participating in economic concentration having the total assets on the Vietnam market, total sales turnover and total purchase turnover on the Vietnam market of less than VND 3,000 billion in the fiscal year preceding the year of performing economic concentration, but not exceeding 05% of the total turnover of the violating enterprise on the relevant market in the fiscal year preceding the year of committing acts of violation; a fine of between VND 1,000,000,000 and VND 2,000,000,000 shall be imposed on each enterprise participating in economic concentration having the total assets on the Vietnam market or total sales turnover or total purchase turnover on the Vietnam market of VND 3,000 billion or more in the fiscal year preceding the year of performing economic concentration, but not exceeding 05% of the total turnover of the violating enterprise on the relevant market in the fiscal year preceding the year of committing acts of violation when committing one of the following acts:

a) Performing economic concentration without notification of preliminary examination results from the Vietnam Competition Commission prescribed in Clause 2, Article 36 of the Law on Competition, unless otherwise prescribed in Clause 3, Article 36 of the Law on Competition;

b) Performing economic concentration when the Vietnam Competition Commission has not issued decisions prescribed in Article 41 of the Law on Competition in cases where the economic concentration is subject to official examination.”.

2. To amend and supplement Clause 2 as follows:

“2. A fine of between 01% and 03% of the total turnover on the relevant market in the fiscal year preceding the year of committing acts of violation shall be imposed on any enterprise failing to satisfy or insufficiently satisfying the conditions stated in decisions on economic concentration prescribed at Point b, Clause 1, Article 41 of the Law on Competition.”.

3. To add Clause 3, Clause 4 after Clause 2:

“3. A fine of between 01% and 05% of the total turnover on the relevant market shall be imposed on each enterprise participating in economic concentration in the fiscal year preceding the year of committing acts of violation in cases of performing economic concentration prescribed at Point c, Clause 1, Article 41 of the Law on Competition.

4. Remedial measures:

a) Compulsory satisfaction of all conditions stated in decisions on economic concentration prescribed at Point b, Clause 1, Article 41 of the Law on Competition in case of committing the acts of violation prescribed in Clause 2 of this Article;

b) Compulsory split-up or spin-off of the merged or acquired enterprises in case of committing the acts of violation prescribed in Clause 3 of this Article;

c) Compulsory partial or wholly resale of contributed capital or assets that the enterprises have purchased in case of committing the acts of violation prescribed in Clause 3 of this Article;

d) Compulsorily being under the control of competent State regulatory authorities on the purchase and sale prices of goods or services or other transaction conditions in the contracts of mergers, enterprises newly established after the economic concentration, purchasers or joint-venture enterprises in case of committing the acts of violation prescribed in Clause 3 of this Article.”.

Article 7. Annulling Point a, Clause 4 of Article 19.

Article 8. Annulling Point a, Clause 3 of Article 20.

Article 9. Amending and supplementing a number of clauses of Article 22

1. To amend and supplement Clause 2 as follows:

“2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the investigated parties, persons with relevant interests and obligations in competition cases, parties participating in economic concentration, parties submitting dossiers for exemption of prohibited anti-competitive agreements for the insufficient provision of information and documents at the request of the Vietnam Competition Commission, the Competition Investigation Agencies, the Councils for settlement of anti-competitive cases in the process of investigating and handling competition cases, examining dossiers for exemption of prohibited anti-competitive agreements.”.

2. To amend and supplement Clause 3 as follows:

“3. A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed on the investigated parties, persons with relevant interests and obligations in competition cases, parties participating in economic concentration, parties submitting dossiers for economic concentration notification, parties submitting dossiers for exemption of prohibited anti-competitive agreements for one of the following acts:

a) Failing to provide information and documents at the request of the Vietnam Competition Commission, the Competition Investigation Agencies, the Councils for settlement of anti-competitive cases in the process of investigating and handling competition cases, examining dossiers for exemption of prohibited anti-competitive agreements;

b) Providing false, untruthful information or documents or falsifying information and documents;

c) Forcing others to provide false, untruthful information or documents or falsifying information and documents;

d) Concealing or destroying information and documents related to the competition cases.”.

3. To amend and supplement Clause 4 as follows:

“4. Remedial measures:

Compulsory provision of full and truthful information and documents.”.

4. To add Clause 5 after Clause 4:

“5. The Vietnam Competition Commission shall decide to annul the notification of the completeness and validity of economic concentration notification dossiers; notification of preliminary examination results of economic concentration or decisions on economic concentration if detecting that one of the parties submitting economic concentration notification dossiers commits the act(s) prescribed at Point b, Point c and Point d, Clause 3 of this Article leading to falsifying the results prescribed in Clause 2, Clause 3, Article 36 and Article 41 of the Law on Competition.”.

Article 10. Annulling Point c, Clause 2 of Article 25.

Article 11. Amending, supplementing, and annulling a number of clauses of Article 26

1. To annul Clause 1.

2. To amend and supplement Clause 3 as follows:

“3. Apply additional sanction(s) prescribed at Point b, Point c, Clause 2, Article 3 of this Decree;”.

3. To amend and supplement Clause 4 as follows:

“4. Apply remedial measure(s) prescribed at Point a, Point b, Point dd, Point e and Point m, Clause 3, Article 3 of this Decree;”.

Article 12. Amending, supplementing, and annulling a number of clauses of Article 27

1. To annul Clause 1.

2. To amend and supplement Clause 3 as follows:

“3. Apply the additional sanction prescribed at Point c, Clause 2, Article 3 of this Decree;”.

3. To amend and supplement Clause 4 as follows:

“4. Apply remedial measure(s) prescribed at Point c, Point d, Point h, Point i and Point k, Clause 3, Article 3 of this Decree.”.

Article 13. Amending, supplementing, and annulling a number of clauses of Article 28

1. To annul Clause 1, Clause 2 and Point dd, Clause 3.

2. To amend and supplement Clause 3 as follows:

“3. For acts of violating other law regulations on competition prescribed in Section 5, Chapter II of this Decree, the Chairperson of the Vietnam Competition Commission and the Councils for settlement of anti-competitive cases shall have the competence to:

a) Impose warnings;

b) Impose fines of up to VND 100,000,000 on individuals and VND 200,000,000 on organizations;

c) Apply additional sanctions prescribed at Point b and Point c, Clause 2, Article 3 of this Decree;

d) Apply remedial measure(s) prescribed at Point a, Point g and Point l, Clause 3, Article 3 of this Decree.”.

Article 14. Amending and supplementing Article 30

“When acts of violating other law regulations on competition prescribed in Section 5, Chapter II of this Decree are detected, inspectors, persons assigned to perform specialized inspection tasks, heads of competition investigation agencies, investigators of competition cases, secretaries of the hearings, persons assigned to perform the tasks of preliminary examination and official examination of economic concentration cases, persons assigned to perform the tasks of examining dossiers for exemption of prohibited anti-competitive agreements shall have the competence to draw up written records of administrative violations.”.

Article 15. Amending and supplementing Article 32

“Article 32. Methods of fine payment

Organizations and individuals fined under decisions on handling of competition cases or decisions on administrative sanctions of other law violations on competition shall pay their fines by one of the following methods:

1. Paying cash directly at the State Treasury or at commercial banks where the State Treasury opens the accounts stated in decisions on handling of competition cases or decisions on administrative sanctions of other law violations on competition;

2. Transferring the amounts to the accounts of the State Treasury stated in decisions on handling of competition cases or decisions on administrative sanctions of other law violations on competition through the National Public Service Portal or electronic payment services of banks or intermediary payment service providers.”.

Article 16. Amending and supplementing Clause 4 of Article 33

“4. Provincial-level civil judgment enforcement agencies of provinces and municipalities where the head offices, residential places or properties of the parties subject to execution are located shall have responsibilities to organize the execution of the parts related to properties in decisions on handling of the competition cases at the request of the parties who are entitled to execute such decisions, including the late payment interest in accordance with the law regulations.”.

Article 17. Adding Article 33a after Article 33

“Article 33a. Handling of administrative violations in the electronic environment

The sanctioning of administrative violations in the electronic environment; the sending and receipt of decisions on administrative sanctions in the electronic environment shall be implemented in accordance with the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations, which is amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.”.

Article 18. Implementation provisions

1. This Decree takes effect from May 20, 2026.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and municipalities, and relevant agencies shall be responsible for implementing this Decree.

Article 19. Transitional provisions

From the effective date of this Decree, acts of violating the law regulations on competition shall be examined and handled as follows:

1. For acts of violating the law regulations on competition that occurred and ended before the effective date of this Decree but are subsequently investigated or are being examined and handled when this Decree takes effect, the provisions of this Decree shall be applied.

2. For acts of violating the law regulations on competition that occurred before the effective date of this Decree but are still ongoing when this Decree takes effect, the provisions of this Decree shall be applied.

3. For decisions on handling of competition cases issued before the effective date of this Decree, against which the relevant organizations and individuals still file complaints, the provisions of the Government’s Decree No. 75/2019/ND-CP dated September 26, 2019 on sanctioning of administrative violations in competition shall be applied.