Decree No.75/2019/ND-CP penalties for administrative violations in competition

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ATTRIBUTE

Decree No.75/2019/ND-CP dated September 26, 2019 of by the Government on sanctioning of administrative violations in competition
Issuing body: GovernmentEffective date:
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Official number:75/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:26/09/2019Effect status:
Known

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Fields:Administrative violation , Bidding - Competition

SUMMARY

A fine of VND 300 million for directly providing untruthful information about other enterprises

This is the content in the Decree No.75/2019/ND-CP on sanctioning of administrative violations in competition issued by the Government on September 26, 2019.

Accordingly, the maximum fine for violating regulations on unfair competition is VND 2,000,000,000. The maximum fine shall be applied to acts of violation of organizations; for individuals with the same acts of administrative violation in competition, the maximum fine shall be half of the maximum fine for organizations.

To be specific, this Decree has a section with 06 Article regulates on fine of acts of violating regulations on unfair competition. Remarkably, a fine of between VND 200,000,000 and VND 300,000,000 shall be imposed on disclosing and using confidential business information without permission of the owners.

A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed on the act of providing untruthful information about other enterprises by indirectly and a fine of between VND 200,000,000 and VND 300,000,000 shall be imposed on the act of providing untruthful information about other enterprises by directly giving untruthful information about enterprises, which negatively affects their reputation, financial status or business performance.

A fine of twice the fines specified above shall be imposed on acts of violation in case such acts of violation are committed in at least two provinces or municipalities.

This Decree takes effect from December 01, 2019.
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Effect status: Known

THE GOVERNMENT
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

---------------

No.75/2019/ND-CP

Hanoi, September 26, 2019

 

 

 

DECREE
on sanctioning of administrative violations in competition
-----------------------------

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law in competition dated June 12, 2018;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Enforcement of Civil Judgments dated November 14, 2008 and the Law dated November 25, 2014 amending and supplementing a number of articles of the Law on Enforcement of Civil Judgments;

At the request of the Minister of Industry and Trade;

The Government promulgates a Decree on sanctioning of administrative violations in competition.

 

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree specifies sanctioning forms and levels, remedial measures, the competence to impose sanctions, the enforcement of sanctions against acts of administrative violations in competition, other acts of administrative violations in competition and the competence to make written records for acts of administrative violation in competition.

2. Acts of administrative violations in competition include:

a) Acts of violating regulations on anti-competitive agreements;

b) Acts of violating regulations on abuse of market dominance and monopoly;

c) Acts of violating regulations on economic concentration;

d) Acts of violating regulations on unfair competition;

d) Other acts of violating law provisions on competition.

Article 2. Subjects of application

1. Business organizations and individuals (hereinafter collectively referred to as enterprises) include enterprises producing and supplying public products and services and enterprises operating in sectors and fields under the State monopoly, public service providers and foreign enterprises conducting business in Vietnam.

2. Professional associations operating in Vietnam.

3. Relevant domestic and foreign agencies, organizations and individuals.

Article 3. Sanctioning forms and remedial measures for administrative violations in competition

1. For each act of administrative violations in competition, organizations and individuals shall be sanctioned in one of the following forms:

a) Warning;

b) Fine.

2. Depending on the nature and seriousness of their violations, organizations and individuals committing administrative violations in competition shall also be subject to one or several of the following additional sanctions:

a) Deprivation of the right to use licenses, practice certificates or suspension of operations for 6 to 12 months;

b) Confiscation of material evidences and means used for commission of violations;

c) Confiscation of profits earned from committing acts of violation;

d) Revocation of enterprise registration certificates or equivalent documents.

3. Apart from the sanctions specified in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations in competition shall also be subject to one or several of the following remedial measures:

a) Forced public rectification;

b) Forced removal of elements of violation from goods, packages, business means and items;

c) Forced restructuring of enterprises that abuse their positions of market dominance or monopoly;

d) Forced removal of illegal provisions from business contracts, agreements or transactions;
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