The Decree 71/2014/nd-Cp: Detailed Provisions About Handling Competition Laws Violate The Law In The Field Of Competition

Original Language Title: Nghị định 71/2014/NĐ-CP: Quy định chi tiết Luật Cạnh tranh về xử lý vi phạm pháp luật trong lĩnh vực cạnh tranh

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The DECREE competitive Law detailed rules on the handling of misconduct in the field of competition _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on competition on December 3, 2004;
The base of law handling administrative violations on June 20, 2012;
According to the recommendation of the Minister of industry and trade, the Government issued Decree competitive Law detailed rules on the handling of misconduct in the field of competition.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the disposal for the Organization, individuals are violations of the law on competition.
2. Violations of competition law under the provisions of this Decree include: a) violations of the regulations on control restrict competition;
b) violations of the provisions on unfair competition behavior;
c) violations of the legal provisions on competition.
Article 2. The object of this Decree apply apply to the Organization, the following individual: 1. organizations, individual business (hereinafter referred to as the business) and the Association activities in Vietnam (hereinafter referred to as the Association) are the provisions of article 2 of the law on competition.
2. organizations and individuals implement the Act are specified in section 5 of chapter II of this Decree.
Article 3. Form processing violates the law of competition 1. For every violation of the law on competition, organized individuals violating suffer a out of the following sanctions: a) caution;
b) fine.
2. Depending on the nature and extent of the violation, the Organization, individuals violating the law on competition can be applied one or the additional sanctions: a) revoking the certificate of business registration; deprived of the right to use the license, certificate of practice;
b) confiscated exhibits, the means to be used to violate the law of competition including confiscating profits gained from the implementation of violations.
3. In addition to the sanctions prescribed in paragraph 1, item 2 of this enterprise, the violation can be applied one or more of the following remedial measures: a) corporate restructuring forced to abuse the dominant market position;
b) Force divided, separating the businesses merged, merge; forced sale of the purchased business;
c) Forced to reform public administration;
d) forced the removal of the terms violate the law out of contract or business transaction;
DD) Forced to use or sell the invention, useful solutions, industrial designs was bought but not used;
e) forced the removal of these measures discourage, suppress other businesses entering the market or business development;
g) Forced to restore the conditions of technical development, the technology that the business has hindered;
h) forced the removal of adverse conditions were imposed to the clients;
I) Forced to restore the terms of contract were changed without reason;
k) forced the restore cancelled the contract without good reason.
Article 4. Determining the level of fines for violations of the regulations on control of behavior restriction of competition 1. Fines for violations of the regulations on control of limited competitive behavior is determined by the percentage of the sale or purchase of goods in sales, services related to violations in the duration of violations of each offending businesses.
2. In no case may determine the sales sell out or buy on sales of goods, services related to violations as defined in paragraph 1 of this article, the fine is determined according to the percentage of the total revenue of the business in the previous fiscal year of violations.
3. When determining the fines prescribed in paragraph 1, item 2 of this article, the competent agency based on the information, the figures in the financial books, accounting by enterprises provide. The business case does not offer or provide information, incorrect data, the competent authorities can base on the information, self collect data or information, available data.
4. The percentage prescribed in paragraph 1, item 2 of this Article by the competent agency to determine base on one or several of the following elements: a) the level of restraint causing competition caused by the violation;
b) extent of the damage caused by the violation;
c) potentially restrict competition of the offending object;
d) duration of violations;
DD) execution scope of violations;
e) profits obtained from the implementation of violations;
g) other necessary factors in each particular case.
5. for every extenuating circumstances, aggravating the provisions of article 85 of Decree No. 116/2005/ND-CP detailing the implementation of a number of articles of the law on competition, the level of the fines determined as specified in paragraph 1 of this article are adjusted to the respective increase or decrease by 15%.
6. In all cases, the level of the fines for each violation of the provisions on the control of behavior restriction of competition was not exceeding the maximum fine for behavior that is defined in category 1, category 2 and category 3 chapter II of this Decree.
Article 5. The level of fines for violations of rules on unfair competition, violations of the laws of the other competition 1. The levels of maximum fines for unfair competitive behavior, violations of the law on competition is 100,000,000 contract for individuals and for organizations. copper 200,000,000
2. The level of the fines specified in section 4, section 5 of chapter II of this Decree is applicable to violations by the implementation. Individuals with the same violations, the fine levels for individuals with part two times the level of penalties for the organization.
3. The level of specific fines for a breach of rules on unfair competition and violation of the law on competition is the average of the frame of penalties are prescribed for the Act; If there are extenuating circumstances, the level of the fine may be reduced but not excessive reduction of minimum fine frame; If there are aggravating the penalty levels may increase but not exceeding the maximum fine of fine frame.
4. for every extenuating circumstances, aggravating the provisions of article 85 of Decree No. 116/2005/ND-CP detailing the implementation of a number of articles of the law on competition, the level of the fines determined under the provisions of Paragraph 3 of this article are adjusted to the respective increase or decrease by 15%.
Article 6. Compensation for damage caused by violations of the legislation on competition caused 1. The Organization, individuals are violations of the law on competition which cause damage to the interests of the State, the legitimate rights and interests of the Organization, the other individual must compensate.
2. The compensation prescribed in paragraph 1 of this article is made according to the provisions of civil legislation.
Article 7. Time limits complaints the case competition, the time limits of the investigation decision in case competition authorities detect signs of violation of laws on competition time limits complaints the case competition, the time limits of the investigation decision in case competition authorities detect signs of competition legislation breach as defined in Item 2 Article 65 of the law on competition is 2 years from the date the behavioral signs violated the law on competition is done.
Chapter II INFRINGEMENTS, the form and the LEVEL of PROCESSING for the VIOLATIONS of the LAW on COMPETITION section 1 RULES VIOLATIONS of AGREEMENTS RESTRICTING COMPETITION article 8. Acts agreement fixing the price of goods or services directly or indirectly, 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement have a combined market share on the relevant market from 30% or more for one of the following acts;
a) agreement applied for the price with some or all of the client;
b) agreement to increase prices or discounts at specific levels;
c) agreement apply the formula to calculate;
d) agreement to maintain the fixed rate on the price of related products;
DD) agreement not to discount the price or apply the discounted price of unification;
e) agreement set aside the credit limit for the customer, unless the agreement set aside the credit limit for the customer in the case of capital lending activity according to the provisions of the law on credit institutions;
g) agreement does not reduce the price if not inform other members of the agreement;
h) agreement to use the uniform price at the time the negotiations start.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures: a) confiscating profits gained from the implementation of violations;
b) forced the removal of the terms violate the law out of contract or business transaction.
Article 9. Acts agreement to divide the market, the supply of goods, provision of services 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement have a combined market share on the relevant market from 30% or more for one of the following behaviors: a) the agreement on the number or location of purchase , sale of goods, services or customer groups for each of the parties to the agreement;
b) agreement each party join the agreement only purchase goods or services from one or more of certain supplies.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Article 10. The limited agreement behavior or control number, volume of production, purchase, sale of goods and services 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement have a combined market share on the relevant market from 30% or more for one of the following behaviors:

a) deal cut, reducing the number, volume of production, purchase, sale of goods, provision of services on the relevant market than before;
b) Agreement defines the number, volume of production, purchase, sell goods, provide services at levels sufficient to create the scarcity in the market.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Article 11. The limited agreement acts the technical development, technology, investment restrictions 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement have a combined market share on the relevant market from 30% or more for one of the following behaviors: a) unified patent purchase agreements , useful solutions, industrial design to destroy or not to use;
b) agreement not to put more capital to expand production, improve the quality of goods or services to other development expansion.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or a number of remedial measures prescribed in clause 2 article 8 of this Decree.
Article 12. Acts agreement imposed on other business conditions of the contract of purchase, sale of goods, services or forcing other businesses accept the obligations not directly related to the object of the contract 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement have a combined market share on the relevant market from 30% or more for one of the following behaviors: a) agreed impose for other businesses in one of the following prerequisites before signing the contract of purchase , sell goods, services: restrictions on the production, distribution, other goods; purchase, supply other services not directly related to the commitment of the receiving party agents under the provisions of the law of the agent; restrictions on the resale of goods location, except for those goods in the category trade conditional, limited items of business under the provisions of the law; restrictions on the purchase of goods for resale, except for those goods in the category trade conditional, limited items of business under the provisions of the law; limitations on the form, the amount of goods are provided;
b) binding agreement with another business buy, sell goods and services with any business would join the agreement to purchase goods or services from the supplier or person is specified before or make one or more obligations beyond the scope necessary to perform the contract.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Article 13. Acts agreement prevented, hindered, not for other businesses entering the market or business development 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement for one of the following behaviors: a) agreements not dealing with non-participating business agreement;
b) agreement requirements, call upon, seduce his customers don't buy, sell merchandise, not to use the services of the business did not join the agreement;
c) agreement to buy, sale of goods or services at a price sufficient to not join business agreement cannot participate in the relevant market;
d) agreement required, calling, seduction of distributors, retailers are dealing with his discrimination when buying, selling goods of enterprises did not join the agreement towards making it difficult for the consumption of the goods of this business;
DD) agreement to buy, sale of goods or services at a price sufficient to not join business agreement cannot extend more business scale.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Article 14. Acts agreement removed the business market is not the party of the agreement 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement for one of the following behaviors: a) agreements not dealing with non-participating business agreement and the same request, call upon, seduce his customers don't buy , sell merchandise, not to use the services of the business did not join the agreement;
b) agreements not dealing with non-participating business agreement and the same buyer, the sale of goods or services at a price sufficient to not join business agreement to withdraw from the relevant market.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Article 15. Acts of collusion to one or other of the parties to the agreement a winner in the provision of goods, provision of services 1. A fine of up to 10% of total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement for one of the acts in the bidding: a) the agreement on the one or more of the parties to the agreement to withdraw the bid or withdraw bids be submitted earlier to one or the other party in the deal a winner;
b) agreement on the one or more of the parties to the agreement to make it difficult for the parties did not join the agreement when the bid by refusing to provide the materials, do not sign the contract subcontracting or other difficult forms;
c) agreement on the national unity agreement giving the non-competitive price or price competition but attached the condition that the party cannot accept the bid to determine before one or more parties will win;
d) agreement on the parties to the agreement identify in advance the number of times each was a winner in a certain period of time.
2. In addition to the fines prescribed in clause 1 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 2 article 8 of this Decree.
Section 2 VIOLATIONS of PROVISIONS on ABUSE of DOMINANT MARKET POSITION, ABUSE of MONOPOLY POSITION article 16. Sale of goods acts, provision of services under the entire cost to eliminate competitors 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for the sale of goods acts, provision of services under the entire cost to eliminate competitors.
2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures: a) confiscating profits gained from the implementation of violations;
b) forced the removal of the terms violate the law out of the contract or transaction related business;
c) forced the restructuring of enterprises having dominant position in the market.
Article 17. Acts imposed on the purchase price, the sale price of the goods, services or assign minimum resale prices cause damage to clients 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for one of the following behaviors: a) imposes the purchase price, the sale price of the goods unreasonable service, cause damage to the client;
b) fixing the minimum resale price to harm customers, 2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures prescribed in clause 2 article 16 of this Decree.
Article 18. Restrict the production, distribution, services, market restrictions, hindering the development of engineering technology, causing damage to the client 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for one of the following behaviors: a) cut, reducing the supply of goods services on the relevant market in comparison to the amount of goods and services earlier in this condition without major fluctuations of supply and demand relations; There is no economic crisis, natural disasters, the enemy graphics; no major technical incidents or without a State of emergency;
b the fixed supply quantity) of the goods or services at a level sufficient to create the scarcity in the market;
c) plunged the row does not sell to destabilizing market;
d) only supply the goods or services in one or more of the given geographic area;
DD) Only purchase goods or services from one or more of the given source unless the other source does not meet the reasonable conditions and in accordance with usual commercial practices by the buyer set out;
e) Buy inventions, utility solutions, industrial design to destroy or not to use;
g) intimidate or coerce people are technical development research, technology must stop or cancel the study.
2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures for the following:

a) additional sanctions and remedial measures prescribed in clause 2 article 16 of this Decree;
b) Forced to use or sell the invention, useful solutions, industrial designs was bought but not used;
c) forced the removal of these measures discourage, suppress other businesses entering the market or business development;
c) Forced to restore the conditions of technical development, the technology that the business was hampered.
Article 19. Acts impose different trade conditions in the same transaction to create inequality in competition 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for discriminatory acts with enterprises about the conditions of purchase, sale prices, payment deadlines, the number of those buying, selling merchandise, similar services in terms of the value or nature of the goods or services to place one or several businesses on competitive positions are more profitable than other businesses.
2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures prescribed in clause 2 article 16 of this Decree.
Article 20. Acts of imposing conditions for contracting businesses buy, sell goods, services or forcing other businesses accept the obligations not directly related to the object of the contract 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for one of the following behaviors: a) imposed on other businesses the following prerequisites before signing the contract of purchase , sell goods, services: restrictions on the production, distribution, other goods; purchase, supply other services not directly related to the commitment of the receiving party agents under the provisions of the law of the agent; restrictions on the resale of goods location, except for those goods in the category trade conditional, limited items of business under the provisions of the law; restrictions on the purchase of goods for resale, except for those goods in the category trade conditional, limited items of business under the provisions of the law; limitations on the form, the quantity of the goods is provided.
b) other business constraints when buying, selling goods or services to any business would join the agreement to purchase goods or services from the supplier or person is specified before or make one or more obligations beyond the scope necessary to perform the contract.
2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures prescribed in clause 2 article 16 of this Decree.
Article 21. The behavior preventing market participants of the new competitor 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business location dominates the market or individual businesses of groups of enterprises located dominates the market for one of the following behaviors: a) requires its customers with new competitors;
b) threatened or forced to the Distributor, the retailer does not accept the distribution of items of new competitors;
c) sale of goods at a price sufficient to new competitors could not join the market but not in the case prescribed in clause 1 article 16 of this Decree.
2. In addition to the fines prescribed in clause 1 of this article, the enterprise violates the provisions on abuse of dominant market position could be applied one or some form of additional sanctions and remedial measures prescribed in clause 2 article 16 of this Decree.
Article 22. Abuses of proprietary positions 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business located exclusively to one of the following abuses: a) The acts specified in clause 1 article 16, paragraph 1 article 17, paragraph 1 Article 18, paragraph 1 article 19 Article 20, paragraph 1 and article 21 paragraph 1 of this Decree;
b) impose adverse conditions for customers;
c) unilaterally change or cancellation of the contract was committed without prior notice to the client and is not subject to any sanctions measures;
d) unilaterally change or cancellation of the contract was committed based on one or several reasons not directly related to the necessary conditions to continue the full implementation of the contract and not subject to any sanctions measures.
2. In addition to the fines provided for in Paragraph 1 of this article, the business exclusive placement abuse may be applied to one or several additional sanctions and remedial measures: a) confiscating profits gained from the implementation of violations;
b) forced the removal of the terms violate the law out of the contract or transaction related business;
c) Forced to restore the conditions of technical development, the technology that the business has hindered;
d) forced the removal of adverse conditions were imposed to the clients;
DD) Forced to restore the terms of contract were changed without reason;
e) Forcibly restore cancelled the contract without good reason.
Section 3 VIOLATION of the PROVISIONS of Article 23 ECONOMIC FOCUS. The merged business behaviors prohibited 1. Fine businesses merged up to 10% of the total revenue of the merged businesses and the business was incorporated in the fiscal year before the merger acts prohibited under the provisions of article 18 of the law on competition.
2. In addition to the fines provided for in Paragraph 1 of this article, the merged business could be divided, split the merged business.
Article 24. The best business behavior is prohibited 1. Fine business was formed after merging to 10% of total revenue in previous fiscal year made violations of the enterprises involved for the best behaviour prohibited under the provisions of article 18 of the law on competition.
2. In addition to the fines prescribed in clause 1 of this article, the best business can be applied one or some form of additional sanctions and remedial measures: a) revoke the certificate of registration issued for the best business;
b) forced the split, split the merged business.
Article 25. Business acquisition behavior prohibited 1. A fine of up to 10% of total revenue in previous fiscal years of violations of business acquisition and business being acquired for behavior acquisition of part or all of the assets of the other enterprise is forbidden according to the provisions of article 18 of the law on competition.
2. In addition to the fines prescribed in clause 1 of this article, the enterprises acquired may also be forced to sell the property to which the enterprise has purchased.
Article 26. The venture between the behavior of businesses banned 1. A fine of up to 10% of total revenue in previous fiscal years of violations of each respective business ventures for venture acts prohibited under the provisions of article 18 of the law on competition.
2. In addition to the fines prescribed in clause 1 of this article, the business venture can be revoked the certificate of business registration.
Article 27. The behavior is not informed of the economic focus fine of up to 10% of total revenue in previous fiscal years of violations of each participating enterprise economic focus that does not fulfill the obligation of notification under the provisions of article 20 of the law on competition.
Item 4 VIOLATIONS of the REGULATIONS on UNFAIR COMPETITION ACTS Article 28. Acts of unfair competition in relation to industrial property 1. A fine from 10,000,000 to 40,000,000 copper contract for one of the following behaviors: a) use of the trademark is protected in a country is a member of the international treaties have regulated the representative or agent of the owner of the trademark use of the mark to which the Socialist Republic of Vietnam is also a Member If the user is a representative or agent of the owner of the trademark and the use of which is not the consent of the trademark owner and no reason;
b) register, rights of use or use of the central or similar name causes confusion with trademarks, trade names are protected by others or geographical indication that you have no right to use the domain name intended to occupy, use or damage to reputation, the reputation of the mark trade names, geographical indications, respectively.
2. A fine of from 50,000,000 to 100,000,000 đồng VND for one of the following behaviors: a) using the instructions contain information causes confusion about the trade name, business slogan, logotypes, packaging, geographic indications, trademarks, goods and other factors prescribed by the Government to falsify customer's perception of the goods , the service aims to compete;
b) business goods and services may use the instructions contained misleading information specified in point a of this paragraph.
3. A fine of twice the level prescribed in clause 2 of this Thing for the acts specified in paragraph 2 of this Article in the following cases: a) the goods or services concerned are goods and services according to the provisions of the law;
b) violations done on the range from the two provinces, the central cities.
4. In addition to the fines according to the paragraph 1, paragraph 2 and Paragraph 3 of this article, the offending business also can be applied to one or some form of additional sanctions and remedies: a) confiscated exhibits, the means used to carry out violations including confiscating profits gained from the implementation of violations;
b) Forced to reform public administration.
Article 29. Infringement of business secrets

1. A fine from 10,000,000 VND to 30,000,000 VND for one of the following behaviors: a) approach, to collect information in business secrets by against the security measures of the legitimate business secrets;
b) disclosing, using the information in the business secrets without permission of the owner of the trade secret;
c) breach of contract security or deception, abusing the trust of the people have the obligation to secure access, collect and disclose information in the business secrets of the owner of the trade secret;
d) approach, to collect information in the business secrets of others when the person doing the procedure according to the provisions of the law related to business, procedures or products by way of circulation against the security measures of the State agency or the use of such information for the purpose of business Please license related to the business or product circulation.
2. In addition to the penalties under Paragraph 1 of this article, the offending business can be confiscated exhibits, the means used to carry out violations including confiscating profits gained from the implementation of violations.
Article 30. Compulsive behavior in business 1. Fine copper copper 100,000,000 to 50,000,000 for compulsive behavior of customers, business partners of other businesses by threatening behavior or forced to force them not to transactions or stop transaction with that business.
2. A fine of 100,000,000 VND to 150,000,000 VND for the acts specified in paragraph 1 of this article in the following cases: a) coerce customers or business partners of the largest competitors;
b) violations done on the range from the two provinces, the central cities.
3. In addition to the fines prescribed in paragraph 1, item 2 of this article, the business violated also confiscated exhibits, the means used to carry out violations including confiscating profits gained from the implementation of violations.
Article 31. Denigrate other business behavior 1. A fine from 10,000,000 50,000,000 copper to brass to denigrate other business behavior by indirect acts of giving dishonest information, bad influence to prestige, financial status and business activities of other firms.
2. A fine of from 50,000,000 to 100,000,000 đồng VND for one of the following behaviors: a) denigrate other businesses by direct acts of giving dishonest information, bad influence to prestige, financial status and business activities of other firms;
b) detractors other businesses by indirect acts of giving dishonest information, bad influence to prestige, financial status and business activities of other firms in the event of violations is done on the range from the two provinces, the central cities.
3. A fine of 100,000,000 VND to 150,000,000 VND for violations specified in point a of Paragraph 2 of this in case of violations is done on the range from the two provinces, the central cities.
4. In addition to the fines prescribed in paragraph 1, paragraph 2 and Paragraph 3 of this article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in clause 4 Article 28 of this Decree.
Article 32. Disruptive behavior of business activities other business 1. Fine copper copper 100,000,000 to 50,000,000 for disruptive behavior of legitimate business activities of other firms by the behavior directly or indirectly obstruct, interrupt the operations of the business.
2. A fine of 100,000,000 VND to 150,000,000 VND for violations of the provisions of Paragraph 1 of this article in the following cases: a) disturbing business activities of other firms do business for being disruptive can not continue to conduct business activities in a normal way;
b) violations done on the range from the two provinces, the central cities.
3. In addition to the fines prescribed in paragraph 1, item 2 of this enterprise, the violation can be applied one or some form of additional sanctions and remedial measures prescribed in clause 4 Article 28 of this Decree.
Article 33. The ad aims to behavior of unfair competition 1. A fine fellow to 60,000,000 80,000,000 from Council for promotional behavior: a) the comparison of the goods, his service with the goods or services of the same type of business;
b) mimic a different ad products to cause confusion for customers.
2. A fine of 80,000,000 contract to 140,000,000 contract for advertising information behavior deceitful or misleading to customers on one of the content: price, quality, quantity, uses, designs, types, packaging, production date, shelf life, the origin of the goods, the manufacturer, place of manufacture , people, places; How to use, the method of service, the warranty period; the deceptive information or confuse others.
3. In addition to the fines provided for in paragraph 1, item 2 of this enterprise, the violation can be applied one or some form of additional sanctions and remedial measures prescribed in clause 4 Article 28 of this Decree.
Article 34. Promotional behavior aimed at unfair competition 1. A fine fellow to 60,000,000 80,000,000 from Council for one of the following behaviors: a) a promotional organization that lie about the award;
b) dishonest promotion or cause confusion regarding goods, services to deceive client;
c) discrimination with respect to the same customer at the different promotion organization in the same promotion;
d) Donated goods for customers to try but the customer requests changes the same goods produced by other business that customers are used to taking his goods.
2. A fine of 80,000,000 100,000,000 VND to copper for violations of the provisions of Paragraph 1 of this article in case the promotional organization scale in the range from two provinces and cities under central.
3. In addition to the fines provided for in paragraph 1, item 2 of this article, perform business promotional activities aimed at unfair competition can be applied one or some form of additional sanctions and remedial measures prescribed in clause 4 Article 28 of this Decree.
Article 35. Acts of discrimination by Association 1. A fine from 10,000,000 VND to 30,000,000 VND for one of the following behaviors: a) refused the business is eligible to join or withdraw from the Association if the denial that discriminatory treatment and makes business suffer disadvantage in the competition;
b) unreasonable restriction of business activities or other activities relevant to the purpose of the business enterprise members.
2. A fine of 30,000,000 VND to 50,000,000 Council for one of the acts specified in paragraph 1 of this article in one of the following cases: a) make violations many times for a business;
b) make violations for multiple businesses at the same time.
3. Fine fellow to 50,000,000 100,000,000 contract for one of the acts specified in paragraph 2 of this Article in case of unreasonable restrictions to insert pressed business members to withdraw from the Association.
Article 36. Violations of the regulations governing multi-level sales 1. A fine fellow to fellow 40,000,000 20,000,000 words for one of the following behaviors: a multi-level sales) activity which does not guarantee the condition the sales registration multi level prescribed by law;
b) does not make the additional grant proposals procedure, change the certificate of registration of the multi-level sales activity when there are changes, supplements relating to application for certificate of registration of the multi-level sales activities;
c) does not make the suggested procedure again registration certificate multi-level sales when the certificate of registration of the multi-level sales activity is lost or torn, ragged;
d) deceptive information provided in the application for certificate of registration of the multi-level sales activities;
DD) does not implement the multi-level sales activities within a period of 12 consecutive months from the day of registration certification multi-level sales operations or suspend sales activities too continuous 12 multi-level;
e) signed a contract to join the multi-level sales to individuals not eligible to join the multi-level sales as prescribed by law;
g) Not done or done improperly, not full of obligations related to the training activities of people involved multi-level sales as prescribed by law;
h) Not done or done improperly, inadequately the obligation relating to the grant, revoke, change sales multilevel membership card as specified by law;
I) Not done or done improperly, not full public disclosure obligations at Headquarters and provide the intended join multi-level sales network with the information and documents prescribed by law;
k) does not regularly monitor the operation of the multi-level sales participants to ensure participants multi-level sales done properly active rules, corporate compensation program;
l) non-deductible personal income tax of the multi-level sales participants to submit to the State budget before payment of commissions, bonuses or other economic benefits for the participants the multi-level sales;
m) does not manage multi-level sales participants through the membership card system in accordance with the law;
n) Not reported or reported incorrectly, not adequate for people who join multi-level selling these goods in an enterprise not to be acquired before that person to conduct a purchase;
o) signed a contract with multi-level sales participants not by form of writing or does not include the full range of basic content in accordance with the law.
2. A fine of 40,000,000 60,000,000 until Council for one of the following behaviors:

a) does not make rules about business objects according to the method of multi-level or business according to the multilevel methods for goods not yet registered with the certification body registration of multi-level sales activities in accordance with the law;
b) Not done or done improperly, not full of obligations prescribed by law when inactivation or multi-level sales continue multi-level sales activity after the pause time;
c) Not done or done improperly, not full obligation to notify to the competent authority upon the termination of the multi-level sales activities;
d) multi-level sales activity in the central cities, where no business headquarters when not certified by the Department of industry and trade of the province, that city about receiving active notification profile;
DD) Not done or done improperly, not full obligation of notification to the Department of industry and trade where organized conferences, workshops, training in accordance with the law;
e) Not done or done improperly, not full obligation to buy back the merchandise of the multi-level sales participants in accordance with the law;
g) Charged to participants the multi-level total value of sales commissions, bonuses and other economic benefits in a year exceeds 40% of the multi-level sales revenue in that year of the multi-level sales Enterprise;
h) Not done or done improperly, not full legal obligation prescribed when termination of the contract involved multi-level sales;
I) withdraw the funds without a written consent of the Agency granting a certificate of registration of the multi-level sales operations except withdrawal business escrow funds to commercial banks to carry out registration procedures multi-level sales activity without registration certificates multi-level sales activities;
k) does not make the text changes confirm the deposit or make text changes procedure to confirm deposit but not notified to the certification authority sign the multi-level sales activity when there is a change in relation to the basic content of the documents deposited;
l) Not done, done incorrectly, not full obligation to report periodically to the competent State agencies as prescribed by law.
3. A fine of multi-level sales enterprises from 60,000,000 to 100,000,000 đồng VND for one of the following behaviors: a) the business according to the multilevel method without registering multi-level sales activities with the competent State agencies;
b) asked who would like to join the multi-level sales must deposit or play a certain sum of money in any way to be right to join the multi-level sales network;
c) requires people who want to join the multi-level sales to buy a quantity of goods of any kind to be right to join the multi-level sales network;
d) require multi-level sales participants pay an extra sum of money in any way to be right to maintain, develop or expand multi-level sales network;
DD) restrict unreasonably the rights a growing network of people who join multi-level sales under any form whatsoever;
e) For multi-level sales participants receive commissions, bonuses, other economic benefits from the seduce others involved multi-level sales;
g) refused to pay there is no reason the Commission, bonus or other economic benefits that people who join multi-level sales are entitled;
h) asked participants to multi-level sales to new recruits or contract involved multi-level sales with a certain number of people who join multi-level sales to be entitled to a Commission, bonus or other economic benefits;
I) asked participants to the Conference, seminar, training course related to the content of the basic training program of pay or charge of any kind, except reasonable expenses to buy training materials;
k) force the multi-level sales participants to join the Conference, seminar, training course on the content not the basic training program of the business;
l) asked participants to the Conference, seminar, training course about the content not belonging to the basic content of the training program must pay or charge higher than reasonable cost to perform that activity;
m) fee for the level, change the membership card for the multi-level sales participants under any form whatsoever;
n) do not commit to the multi-level sales participants returned goods and refund the money has moved to business under the provisions of the law;
o) hinder sales participants multi-level returned goods as prescribed by law;
p) provides false information or confuse about the benefits of participation in multi-level sales network, about the nature and uses of the goods, on the operation of enterprise multilevel sales to seduce others involved multi-level sales;
q) maintain more than one business location multi-level, multi-level sales contract business code multi level or other equivalent forms for the same people who join multi-level sales;
r) business model of the pyramid;
s) purchase, sale or transfer of the network of people who join multi-level sales to other businesses except acquisition, consolidation or merger;
t) requirements, instigated the multi-level sales participants perform acts prohibited under the provisions of the law.
4. A fine of twice the level prescribed in paragraph 3 of this article in respect of the acts specified in paragraph 3 of this article in case of violations is done on the range from the two provinces, the central cities.
5. In addition to the fines prescribed in paragraph 1, item 2, paragraph 3 and paragraph 4 of this article, the business violated can be applied one or some form of additional sanctions and remedial measures: a) revoke the certificate of registration of the multi-level sales activity for the acts specified in point d DD Account Point 1 of this article, and the acts specified in paragraph 3 of this article unless the business according to the multilevel method without registering multi-level sales activities with the competent State agencies;
b) confiscated exhibits, the means used to carry out violations including confiscating profits gained from the implementation of violations;
c) Forced to reform public administration.
Section 5 VIOLATIONS of OTHER COMPETITION LEGISLATION Article 37. Violations of the regulations on providing information, document 1. Caution or fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) is not provided or provided incomplete information, material that I know at the request of the competent authority;
b) providing information, documents are not on time as required by the competent authority;
c) willfully provide information, document fraud or falsify information, documents;
d) forced the other person provide information, documents and cheating;
DD) conceals, destroys the document, information related to the competition.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the acts specified in paragraph 1 of this article in case the required documents, information provided is particularly important for the resolution of the competition proper.
3. In addition to the fines provided for in paragraph 1, item 2 of this article, the organization or individual in violation can be forced to provide information, the full document.
Article 38. Violations of the provisions relating to the process of investigating and handling the case competition 1. Caution or fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) intentionally or unintentionally disclose information and documents in the secret investigation;
b) disruptive at the hearing.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the acts specified in paragraph 1 of this article in the case of information, document disclosure is particularly important for the resolution of the competition proper.
3. In addition to the fines prescribed in paragraph 1, item 2 of this article, the Organization, the individual breach also confiscated exhibits, the means used to carry out violations.
Article 39. The limited agreement acts compete, focus the economy before deciding to enjoy exemption of competent authorities 1. A fine fellow to 100,000,000 200,000,000 from Council for each participating business agreement restricting competition in the case are exempt under the provisions of article 10 of the law on competition before a decision is made to enjoy the immunities of the Minister for industry and trade. 2. A fine fellow to 100,000,000 200,000,000 from Council for business done in economic concentration acts exclusion as stipulated in article 19 of the law on competition before you decide to enjoy the immunities of the Prime Minister or the Minister of industry and trade. Chapter III jurisdiction, HANDLING PROCEDURES VIOLATED the LAW on COMPETITION section 1 AUTHORITY to HANDLE MISCONDUCT LAW on COMPETITION Article 40. The authority of the governing body of the competition 1. With regard to violations of the rules on unfair competition and violations of the laws of the other competition, heads the competent competition management: a) caution;
b) fine for the violations specified in section 4 and section 5 of chapter II of this Decree to 100,000,000 đồng in case of acts by the individual to make, to the same in the case of 200,000,000 behavior due to implementation;
c) confiscated exhibits, the media used to make violations of the law on competition including confiscating profits gained from the implementation of violations;
the main improvement Required), 2. The heads of the competition authorities have the Authority decided to adopt, change or cancel the administrative measure when not yet transformed the profile of competition for competition Council handles.
Article 41. The authority of the Council of competitiveness, the Council handled the competition for violations of the regulations on control of behavior restriction of competition, the competition Council, the Council handled the competition has the following authority: 1. Caution.
2. A fine.
3. the confiscated exhibits, the means used to carry out violations.

4. Apply the measures prescribed in points c, d, e, f, g, h, i and k paragraph 3 of article 3 of this Decree.
5. to request the competent authority to revoke a certificate of registration of business, deprived of the right to use the license, certificate of practice.
6. Requests the competent bodies apply the measures prescribed in Points a and b of paragraph 3 of article 3 of this Decree.
Section 2 PROCEDURES for HANDLING VIOLATIONS of LAWS on COMPETITION Article 42. Handling procedures violated the law on competition the procedure processed in violation of law on competition include the following procedures: 1. procedures for handling violations of the regulations on control restrict competition and unfair competition;
2. procedures for handling violations of the legal provisions on competition.
43 things. Procedures for handling violations of the regulations on control restrict competition and unfair competition the handling of violations of regulations on control restrict competition and unfair competition must follow the order procedure in competition proceedings is regulated in chapter V of the competition law and the provisions of chapter III of the Convention No. 116/2005/ND-CP detailing the implementation of some articles of the law on competition.
Article 44. Set the minutes about the violations of the legal provisions of other competition 1. When detected violations of the legal provisions of other competition specified in section 3 of chapter II of this Decree, the person who has the authority to order the immediate suspension of violations and proceed up the minutes about the violations.
2. The content of the minutes include: a) the day, month, year, location set thereon;
b), last name, title of the person who founded thereon;
c), last name, address, personal career offense or name, address offending organization;
d) day, month, year, location occurred in violation of;
DD) describe the violation;
e) The preventive measures (if any);
g) State exhibits, hold media (if any);
h) testimony of the offending individual or organization representative violated;
I), last name, address, the testimony of witnesses, victims or representatives held losses (if any).
3. The minutes shall be established at least two copies; must be the person who set up the minutes and individuals in violation or breach of the Organization's representative; If there are witnesses, victims or representatives held suffered damage, they must sign the minutes; in the case of a multiple sheets, then those specified in this paragraph must sign on each record sheet. If the individual violates the Organization's representation, breach, the witness, who suffered damage or loss organization representative refused to sign the founding documents must specify the reason on the minutes.
4. finishing thereon must be given personally, organizing a violation; If the violation exceeds the authority disposed of the established thereon, that person must submit a report to the competent handling.
Article 45. The time limit for processing decision violates legal provisions about other competition 1. The time limit for processing decision violates legal provisions about other competition is 10 days from the date of establishment of the minutes about the violations of the law on competition; in the case of more complicated then this period is 30 days.
2. In the case of reviews should have more time to verify, collect evidence, then the competent person must report the heads directly by writing to renewals; the renewal must, in writing, the term extension not exceeding 30 days.
3. the time limit referred to in paragraph 1, item 2 of this article, the competent decision not to sanction sanctions but still decided to apply remedial measures prescribed in paragraph 3 Article 37 and Article 38 paragraph 3 of this Decree.
Competent person handle if there is an error in the time limit for so without offending handling decisions shall be processed under the provisions of the law.
Article 46. The decision to handle violation of legal provisions on other competition 1. The content of the decision to handle violation of competition law provisions include: a) the day, month, year of decision;
b), last name, title of the decision;
c), last name, address, occupation of the offending individual or organization's name, address, offense;
d) violations; details regarding the settlement of the violation; Article, account legal texts are applied;
DD) sanctions, additional sanctions (if any), the remedial measures (if any);
e) time limit, where the enforcement of the decision and the signature of the decision;
g) the right to complain against the decision to handle violation of legal provisions regarding other provisions of competition law.
2. The decision to handle violation of laws on competition rules must specify the individual, the Organization dealt with if not the Executive voluntarily comply.
3. The decision to handle violation of legal provisions on competitive force from the date of signing, unless otherwise specified in the decision on the other effect.
4. within 10 working days from the date of the decision to handle violation of legal provisions on the other competition authority, was the decision to send the individual, the organization sanctioned, the Agency collects the fines and other relevant agencies (if any) to enforce.
The decision to handle violation of legal provisions of other competing directly or sent by post with the secured form and inform individuals, sanctioned organization said.
For cases decide directly which organization, individual violation intentionally does not get the decision, the authority established the minutes about not receiving the decision of the local authorities and considered the decision was delivered.
For the case of mail-in form, if after the 10-day time limit from the date of the decision to treat was sent by post to the third that bounced back by the individual, the organization violated deliberately do not receive; the decision to treat was listed at the individual's residence, the headquarters of the organization sanctioned or there is evidence that the violation did not escape processing decisions receipt shall be deemed the decision was delivered.
Section 3 PROCEDURE for ENFORCING the DECISION to HANDLE the CASE competition, DECIDED to HANDLE VIOLATION of LEGAL PROVISIONS on COMPETITIVE Conditions 47. The Executive decided to handle the case competition, decided to handle violation of legal provisions on other competition 1. The business dealt with the breach must approve the decision to handle the competition Council's handling of the case competition and competitive management agency within 30 days from the date of the decision to handle the case of competition law takes effect.
2. organizations and individuals who dealt with the violation of legal provisions on other competition specified in section 5 of chapter II of this Decree, the Executive decided to handle violation of other competition legislation within 10 days from the date of delivery of the decision to handle violation of legal provisions on competition.
3. Most of the time limit specified in paragraph 1, item 2 of this article, if the Organization, individuals dealt with involuntary enforcement of coercive enforcement will be according to the provisions of article 49 and article 50 of the Decree.
Article 48. Where to fine the Organization, individual fines by decision handled the competition, deciding to handle violation of legal provisions on competitive pay fines in State Treasury notes in the decision to handle the case competition, decided to handle violation of legal provisions on competition.
Article 49. Coercive enforcement of the decision to handle the case of competition 1. Most of the time limits prescribed in clause 1 Article 47 of this decrees, individual organizations dealt with involuntary violation enforcement, not sue out of court under the provisions of section 7 of chapter V of the law on competition, the party enforced the decision to handle the case competition has rights to petition the competent agency specified in clause 2 Paragraph 3, this organization enforced decisions in competition cases handled the scope, duties, functions and powers of the Agency.
2. the competent authorities responsible for recovery of business registration certificates, stripped of the licence, the certificate of practice because he had granted to enterprises violating competition laws at the request of the Council handled the competition in decision handled the competition.
3. other competent bodies responsible for implementation of the measures forced the restructuring of enterprises abuse of dominant market position, divide, separating the businesses merged, amalgamated or forced sale of the business was bought by request of the Board handled the competition in decision handled the competition.
4. civil enforcement agencies, provincial city in Central Headquarters, place of residence or where the property of the party to enforce responsible organizations make decisions related to joint assets of the decision handled the competition at the request of the party enforced the decision to handle the case competition.
Article 50. Coercive enforcement of the decision to handle violation of legal provisions on competitive expiry clause 2 Article 47 of this Decree, if individual organizations dealt with violating the Executive decided voluntarily not to handle violation of legal provisions on competition would be coercive enforcement of the provisions of the law.
Chapter IV the TERMS OF IMPLEMENTATION of Article 51. Effect 1. The Decree has effect as from September 15, 2014 and replaces Decree No. 120/2005/ND-CP of the Government on September 30, 2005 about the handling of breaking the law in the field of competition.
2. Violations of the law in the area of competition was made before the time of the decree to this effect shall apply the regulation handle, sanctions are beneficial for organizations and individuals violating.
Article 52. Responsibility 1. In case of need, the competition authority has the right to suggest that the Ministry of finance to coordinate in the determination of profits gained from the implementation of the violations of the provisions of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.