DECREE

Rules for Competition Law

Legal breach in the field of competition.

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Government Law Base December 25, 2001;

The Competition Law Base December 3, 2004;

The Administrative Administrative Processing Law on June 20, 2012;

At the suggestion of the Minister of Commerce,

The government issued a decree regulating the Competition Law on the processing of law violations in the field of competition.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree regulates the processing of organizations, individuals who have infringed laws on competition.

2. Behavior violation of competition under the provisions of this decree includes:

a) Behavioral Violation of Competitive Behavior Control;

b) The scope of the breach of the breach of competition is not healthy;

c) infringed violations of the rule of law on other competition.

What? 2. Subject applies

This decree applies to organizations, following individuals:

1. Organization, personal business personality (later known as business) and the trade industry association in Vietnam (later known as the association) are regulated at Article 2 of the Competition Law.

2. Organization, other individuals who perform the acts prescribed at Section 5 Chapter II of this decree.

What? 3. Form of legal violation of competition

1. For each law violation of competition, the individual organization violates one of the following forms of punishment:

a) Police.

b) Money.

2. Depending on the property, the level of violation, organization, individual violation of the competition law may also be applied to one or more of the following additional forms of punishment:

a) The recovery of the certificate of corporate registration; dispossession of the right to use of a license, certificate of practice;

b) The confiscation of objects, vehicles used to violate competition law including confiscation of profit proceeds from the execution of the breach.

3. In addition to the prescribed trial forms at Clause 1, Clause 2 This, the violation business may also be imposed on one or some of the following remediation measures:

a) to restructure the business of abusing the position of market dominance;

b), forced to split, separate the merged business, merge; the sale of the business portion was purchased;

c) Forced Public Reclamation;

d) To remove the terms of the violation of the law out of contract or business transactions;

Forced to use or resell patents, useful solutions, industrial styles purchased but not used;

e) Forcing the elimination of deterred, other businesses to join the market or to develop business;

g) Forcing the restoration of technical development conditions, the technology that the business has plagued;

h) Forcing the elimination of adverse conditions imposed to the customer;

i) Forcing the restoration of the terms of the contract has changed without the correct reason;

) To restore the annulled contract without legitimate reason.

What? 4. Identitiate the penalty level on violations of the regulatory violation of competitive behavioral control.

1. The fines on the violation of the regulatory violation of competitive conduct control are determined by the percentage of sales of sales out or sales of goods purchased by the goods, services related to violation behavior during the time of the execution of the breach. of every business violation.

2. In the case of failing to determine the sales revenue or the purchase sales of the goods, the service associated with the prescribed violation behavior at Clause 1 Article, the fine is determined by the percentage of the total revenue of the microbusiness. Of the five financial years prior to the execution of the breach.

3. When determining the fine as specified in Clause 1, Clause 2 This, the agency has the authority to base the information, the figures in the financial books, the accounting provided by the business. Where businesses do not provide or provide information, the data is not correct, the competent authority can be based on the information, self-collected data, or information, the available data.

4. The percentage that is specified in Clause 1, paragraph 2 This is because the authority has the authority to determine the base to one or some of the following factors:

a) The extent of the competitive restriction caused by the violation of the breach;

b) The extent of the damage caused by the breach of the breach;

c) The ability to limit the competition of infraction objects;

d) Time for violation of violation;

The scope for breach of violation;

e) The profit proceeds from the execution of the breach;

g) Other essential elements in each particular incident.

5. For each mitigable condition, the severe increases in regulation at Article 85 of the Digital Protocol 116 /2005/NĐ-CP specifies the details of the Law of Competition Law, the extent of which the penalty is specified by the regulation of Article 1, which is either adjusted or increased by 15%.

6. In any case, the penalty level for each violation of the statute of limitations regulation of the competitive restriction cannot exceed the maximum fine for that behavior specified in Section 1, Section 2, and Section 3 Chapter II of this decree.

What? 5. The penalty level for the violation of the regulatory violation on unhealthy competition, behavior violation of other competitive laws, is not.

1. The maximum amount of fines on non-healthy competitive behaviour, the other competitive law enforcement behavior of 100,000,000 individuals and 200,000,000 partners for the organization.

2. The penalty level specified in Section 4, Section 5 Chapter II of this decree is the level applicable to the violation of the entity. Individuals have the same violations as the penalty level for the individual by one-second of the fines of the organization.

3. The specific penalty level for a violation of a regulatory violation of non-healthy competition and other competition law violation is the average of the penalty frame prescribed for that behavior; if there is a mitigable condition the rate of fines may be reduced. decreased but was not reduced to the minimum of the penalty frame; if there was a severe increase in the amount of fines it could rise but not exceed the maximum fine of the penalty bracket.

4. For each mitigable condition, the severe increases in regulation at Article 85 of the Digital Protocol 116 /2005/NĐ-CP regulation of the details of the Competition Act, the amount of penalty specified by regulation at paragraph 3 This is adjusted to decrease or increase the corresponding 15%.

What? 6. Compensation Damages due to the scope of the competition ' s controversial competition

1. Organization, individuals whose behavior violates competition for damages to the interests of the state, the rights and the legitimate interests of the organization, the other individual is compensated.

2. The compensation of the damages specified in Clause 1 Article is done in accordance with the provisions of the civil law.

What? 7. The timing of the competition ' s case of competition, the timing of the decision to investigate in the case of competitive management agency detection of a sign of breach of competition law

The timing of the competition's case of competition, the statute of the decision to investigate in case of a competitive management agency, found that there were signs of a breach of the competition in accordance with the provisions at Clause 2 Article 65 of the Competition Law two years from the date. There are signs of breach of the competition.

Chapter II

VIOLATION OF THE BREACH, FORM AND LEVEL OF TREATMENT FOR THE SCOPE OF THE LEGAL VIOLATION OF COMPETITION

Item 1

BEHAVIOR VIOLATION BEHAVIOR

COMPETITIVE RESTRICTION AGREEMENT

What? 8. Behavior of agreement to price commodity prices, direct service or indirect, direct ...

1. Penituation of up to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is that the parties to the agreement have a combined market share of the market from 30% or more to one of the following acts;

a) The agreement applies to the consistency of price with some or all of the customer;

b) The agreement to raise prices or rebate at a particular level;

c) The agreement to apply the common price formula;

d) The agreement to maintain fixed rates on the price of the relevant product;

The agreement does not discount prices or apply the unified price discount;

e) The agreement is for a credit rating to the customer, except for the case of an agreement to limit the credit rating to the customer in the operation for capital loans in accordance with the law of the credit organizations;

g) The agreement does not reduce the price if not to inform other members of the agreement;

) The agreement to use a unified price at the time of the negotiations began.

2. In addition to being fined by regulation at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the following remediation measures:

a) The confiscation of profit proceeds from the execution of the breach;

b) Accused the terms of the violation of the law out of the contract or transaction of business.

What? 9. The behavior of the distribution of consumption market, the supply of goods, services supply.

1. The currency to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is that the parties to the agreement have a combined market share of the 30% return to one of the following acts:

a) Agreement on the number or location of purchase, sale of goods, services or customer groups to each side of the agreement;

b) The agreement per party to the agreement is to be purchased only goods, services from one or some of the given supply.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

What? 10. Behavior of limited agreement or control of quantity, volume of production, purchase, sale of goods, services and services

1. The currency to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is that the parties to the agreement have a combined market share of the 30% return to one of the following acts:

a) The agreement to cut, reduce the number, volume of production, purchase, sale of goods, supply of service on the related market than before;

b) The number of agreements of quantity, volume of production, purchase, sale of goods, supply of services at enough to create scarcity on the market.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

What? 11. The behavior of agreements limited to technical development, technology, investment restrictions

1. The currency to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is that the parties to the agreement have a combined market share of the 30% return to one of the following acts:

a) The unity agreement to buy patents, useful solutions, industrial styles to destroy or not use;

b) The agreement does not bring more capital to expand production, improve the quality of goods, services or to expand further development.

2. In addition to being fined under the provisions of this Article 1 Article, the violation business may also be imposed on one or some of the applicable remediation measures at paragraph 2 Article 8 of this decree.

What? 12. The conduct of the agreement imposed on other business conditions contracting the purchase contract, sale of goods, services or other businesses to accept obligations that are not directly related to the object of the contract.

1. The currency to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is that the parties to the agreement have a combined market share of the 30% return to one of the following acts:

a) The agreement imposed on other business one of the following prerequisof conditions before signing the purchase, sale of goods, services: Restrictions On Production, Distribution Of Other Goods; Purchase, other service supply is not directly related to the commitment of the company. Legally accepted agents of the law of dealers; restrictions on the location of goods resale of goods, excluding goods belonging to the conditional business item, the item restricts business under the rule of law; restrictions on customers buying goods to purchase goods. resale, except for goods belonging to the conditional business item portfolio, the item restricts business under the rule of law; restrictions on the sale of goods. In terms of form, the number of goods provided;

b) Other business binding agreement when purchasing, selling goods, services with any business that joins the agreement must purchase goods, other services from the supplier or the designated person or the implementation of one or some obligations located outside the site. The scope needed to make the contract.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

What? 13. The behavior of agreement prevents, inhibit, not for other businesses to enter the market or grow business.

1. Penituation of up to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is the parties to the agreement for one of the following acts:

a) The agreement does not deal with the business that does not participate in the agreement;

b) The agreement at the same request, called for, enticing its customers not to buy, sell goods, do not use the business of the business not to participate in the agreement;

c) The mutual purchase agreement, sale of goods, services at sufficient price for business to not enter the agreement cannot participate in the related market;

d) The agreement with the same requirements, calling, enticing distributors, the retailer is dealing with itself discriminated against buying, selling goods of the business that does not enter agreement in a way that makes it difficult for the consumption of goods of this business;

Deal with purchasing, selling goods, services at enough prices so that the business does not enter an agreement that cannot expand the business scale.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

What? 14. The behavior of the agreement to remove from the market of businesses is not the parties of the agreement

1. Penituation of up to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is the parties to the agreement for one of the following acts:

a) The agreement does not deal with the business of not participating in the agreement and the same requirements, calling for, enticing its customers not to buy, sell goods, do not use the business of the business not to participate in the agreement;

b) The non-transaction agreement with the business does not participate in the agreement and the same purchase, sale of goods, services at sufficient price for the business not to enter the agreement to withdraw from the associated market.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

What? 15. The collusion behavior for one or the parties of the winning agreement in the supply of goods, service supply

1. Penituation of up to 10% of total revenue in the prior fiscal year of each business ' s infringed behavior is the parties to the agreement for one of the acts in the following bid:

a) Agreement on whether one or more parties join the agreement to withdraw from the bid or withdraw the bid to be filed earlier to one or the parties in the winning agreement;

b) The agreement on whether one or more parties to join the agreement makes it difficult for the parties to not participate in the agreement when the bid by refusing to supply the raw material, without signing a subcontractor or other forms of difficulty;

c) The agreement on whether parties to the agreement agreed to offer uncompetitive prices or to set a competitive price but with the conditions under which the invitation cannot be accepted to determine before one or more parties will win the bid;

d) Agreement on the parties to the agreement specified before the number of times per party to be won a bid for a certain period of time.

2. In addition to being fined as prescribed at Clause 1 This, the violation business may also be imposed on one or some additional form of sanctions and the remediation of the provisions stipulated at paragraph 2 Article 8 of this decree.

Item 2

VIOLATIONS OF THE REGULATION ON ABUSE OF THE POSITION OF MARKET GOVERNOR, EXCLUSIVE POSITION ABUSE

What? 16. Sales of goods, offering services under the price of an entire order to eliminate competitors.

1. Penitualized up to 10% of total revenue in the prior fiscal year of the year 's prior violation of the business' s violation of market dominance or every business group belonging to the business group has the position of market dominance over sales behaviour, supply. It ' s a full-cost service to eliminate competitors.

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the following remediation measures:

a) The confiscation of profit proceeds from the execution of the breach;

b) Forcing the elimination of the terms of the violation of the law out of contract or related business transactions;

c) The restructuring of the business is in the position of market dominance.

What? 17. Behavior imposed on purchase price, sales price, inreasonable service or minimum resale price valuation that damages the customer to the public.

1. Money to 10% of total revenue in the prior fiscal year of the year before the year's violation of a business, or every business in the business group has the position of market dominance over one of the following acts. Here:

a) Apply the purchase price, sales price, unreasonable service that damages the customer;

b) India valuing the minimum resale of customers,

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the measure of the consequences of regulation at paragraph 2 Article 2. 16 of this decree.

What? 18. Behavior limited production, distribution of goods, services, market cap, obstruction of technical development, technology that damages customers to the public and its customers.

1. Money to 10% of total revenue in the prior fiscal year of the year before the year's violation of a business, or every business in the business group has the position of market dominance over one of the following acts. Here:

a) Cut, reduce the amount of supply of goods, services on the market relative to the amount of goods, the previous supply service in terms of no major volatility in supply relations; no economic crisis, natural disasters, the enemy; there is no major incident on the supply. technical or no emergency;

b) India quantified the supply of goods, services at enough to create scarcity on the market;

c) The shipment does not sell to destabilate the market;

d) Only the supply of goods, services in one or certain geographical areas;

Only purchasing goods, services from one or some of the supply of supply except where other sources do not meet the reasonable conditions and in accordance with the usual commercial practice set by the buyer;

e) Buy patents, useful solutions, industrial styles to destroy or not use;

g) Đe threatened or forced the person who was studying engineering development, technology to stop or cancel that study.

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the following remediation measures:

a) Additional forms of sanctions and remedied remediation in paragraph 2 Article 16 of this decree;

b) forced to use or resell the patents, useful solutions, purchased industrial styles but not used;

c) Forcing the elimination of deterred, other businesses to join the market or to develop business;

c) Forcing the restoration of technical development conditions, the technology that the business has plagued.

What? 19. The behavior imposed different trade conditions in the same transaction to create inequality in the competitive competition.

1. Money to 10% of total revenue in the prior fiscal year of the year before the year's violation of a business, or every business in the business group has a position as a market leader for discriminated behavior. with businesses in terms of buying, selling, pricing, payment deadpoints, numbers in purchases, sales of goods, similar services in terms of value or nature of goods, services to place one or some businesses in a competitive position that benefits the value of their own. It ' s more than the other business.

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the measure of the consequences of regulation at paragraph 2 Article 2. 16 of this decree.

What? 20. The behavior imposed conditions for other business contracting the purchase contract, sales of goods, services or other businesses that accept obligations that are not directly related to the object of the contract.

1. Money to 10% of total revenue in the prior fiscal year of the year before the year's violation of a business, or every business in the business group has the position of market dominance over one of the following acts. Here:

a) Apply to other business the following prerequisor prior to the signing of the purchase contract, sale of goods, services: Restrictions on production, distribution of other goods; purchase, other service supply not directly related to the commitment of a dealer-based recipient. The law of dealeralization; restrictions on the location of goods resale of goods, excluding goods from the conditional business item portfolio, the business limiting business by law; restrictions on customers buying goods for resale, except for goods and goods. In terms of a conditional business item category, the item restricts business under the rule of law; restrictions on the form, quantity of the business of the business. The goods are provided.

b) Other business constraints on purchase, sales of goods, services with any business participating in the agreement must purchase goods, other services from the supplier or the designated person or the implementation of one or some obligations located outside the scope of the transaction. needed to make the contract.

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the measure of the consequences of regulation at paragraph 2 Article 2. 16 of this decree.

What? 21. Behavior that prevents the market participation of new competitors in the country.

1. Money to 10% of total revenue in the prior fiscal year of the year before the year's violation of a business, or every business in the business group has the position of market dominance over one of the following acts. Here:

a) Ask your clients not to trade with new competitors;

b) Đue threatened or forcibly forced distributors, retail stores not to accept distribution of items of new competitors;

c) Sales of goods at a sufficient price for a new competitor cannot enter the market but not in the prescribed case at Clause 1 Article 16 of this Decree.

2. In addition to being fined by regulation at Clause 1 This, the business of violating regulations on market dominance of the market may be imposed on one or some additional form of sanctions and the measure of the consequences of regulation at paragraph 2 Article 2. 16 of this decree.

What? 22. Behavioral abuse behavior

1. Penitentiation of up to 10% of total revenue in the prior fiscal year of the year's violation of the business of the business has a monopoly position on one of the following abuses:

a) The acts stipulated at paragraph 1 Article 16, Clause 1 Article 17, Clause 1 Article 18, Clause 1 Article 19, Clause 1 Article 20 and paragraph 1 Article 21 of this decree;

b) imposed adverse conditions for the customer;

c) The unilateral change or cancellation of the agreed contract without prior notice to the customer and not subject to any solution;

d) The unilateral change or cancellation of the contract was to have the base delivered to one or a number of reasons not directly related to the conditions needed to continue to fully implement the contract and not be subject to any solution.

2. In addition to being fined the prescribed amount at Article 1 This, the business of abusing the exclusive position may be imposed on one or some additional form of sanctions and the following remediation measures:

a) The confiscation of profit proceeds from the execution of the breach;

b) Forcing the elimination of the terms of the violation of the law out of contract or related business transactions;

c) Forcing the restoration of technical development conditions, the technology that the business has plagued;

d) To remove the adverse conditions imposed to the customer;

) Forced to restore the terms of the contract changed without a legitimate reason;

e) To restore the annulled contract without a legitimate reason.

Section 3

BEHAVIORAL VIOLATIONS OF ECONOMIC FOCUS

What? 23. Corporate merger is prohibited.

1. Corporate money receives a merger of up to 10% of the total revenues of the merged business and the merged business in the fiscal year prior to the year of implementation of the banned merger behavior at Article 18 of the Competition Law.

2. In addition to being fined the prescribed amount at Article 1 This, the business receiving the merger may be forced to split, separating the business that has merged.

What? 24. The business merger behavior is banned

1. Corporate currency is formed after a merger of up to 10% of total revenue in the prior fiscal year of the year before the year of the violation of the merged business of the merged businesses to be banned under the stipulation at Article 18 of the Competition Law.

2. In addition to being fined by regulation at Clause 1 This, the merged enterprise may be imposed on one or some additional form of sanctions and the following remediation measures:

a) The recovery of corporate registration certificates issued to the merged business;

b) divide, separate enterprise.

What? 25. The business acquisition behavior is banned

1. Money to 10% of total revenue in the prior fiscal year of the year before the year of the infringement behavior of the acquisition business and the acquired business for a partial or full acquisition of other business assets is prohibited by regulation at Article 18. of the Competition Law.

2. In addition to being fined by regulation at Clause 1 This, the acquisition business may also be forced to resell the portion of the property that the business has purchased.

What? 26. The joint venture between businesses is banned

1. Penituation of up to 10% of total revenue in the prior fiscal year of each of the respective joint venture parties to the relevant corporation is prohibited by regulation at Article 18 of the Competition Law.

2. In addition to being fined by regulation at Clause 1 This, the venture business may be revoked of corporate registration certificates.

What? 27. The behavior does not inform economic focus

Fines of up to 10% of total revenue in the prior fiscal year of each business's violation of the business focused on economic focus without the implementation of a specified notice obligation at Article 20 of the Competition Law.

Section 4

BEHAVIOR VIOLATION BEHAVIOR

UNHEALTHY COMPETITION

What? 28. Behavior of unhealthy competition involving industrial possession

1. Money from 10,000,000 to 40,000,000 to one of the following acts:

a) Use the protected label in a country that is a member of the international convention that prohibits the representative or agent of the trademark owner using that label that the Socialist Republic of Vietnam is also a member, if the user is a member of the country. the representative or agent of the trademark owner and that use is not the consent of the trademark owner and there is no correct reason;

b) Subscription, occupy the right to use or use the middle or similar name confusing to the label, the protected trade name of others or the geographical directive that he has no right to use for the purpose of taking over the domain, taking advantage or doing it. Damage to prestige, reputation of brand name, commercial name, corresponding geographical directive.

2. Penituate from 50,000,000 to 100,000,000 to one of the following acts:

a) Use the instructions containing misleading information about the name of trade, business slogans, business icons, packaging, geographic instructions, trademarks, merchandise labels and other factors under the Government 's regulation to miserate customers' perceptions. for goods, services for competitive purposes;

b) The commodity business, the service that contains instructions containing the information that is confusing and specified at this point a paragraph.

3. Free twice the amount of regulation at paragraph 2 This is for the prescribed behavior at paragraph 2 This Article in the following cases:

a) Goods, related services are the goods, essential services according to the regulation of the law;

b) The violation of violations is carried out on the range from two provinces, the central city to the central city.

4. In addition to being fined under Clause 1, Clause 2 and Clause 3 This, the violation business may also be imposed on one or some additional form of sanctions and the following remedied measure:

a) The confiscation of the animal, the medium used to perform violations including the confiscation of proceeds from the execution of the breach;

b) Forgot public reclamation.

What? 29. Business breach of business secrecy

1. Money from 10,000,000 to 30,000,000 to one of the following acts:

a) Approach, gather business secret information by countering the security measures of the legitimate owner of that business;

b) Revealed, using business secret information that is not allowed by the owner of the business secret;

c) Violation of security or deception contracts, taking advantage of the trust of a security obligation to approach, collect and expose the business secrets of the owner of that business secret;

d) Approach, gather information belonging to other people ' s business secrets when the person does the procedure by law-related legislation, which does the procedure to circulate the product or by countering the security measures of the state agency or the government. use such information for business purposes, granting a license to business in relation to business or product circulation.

2. In addition to being fined under Article 1 This, the violation business may also be subject to the confiscation of a forage, the vehicle used to perform violations including confiscation of proceeds from the execution of the breach.

What? 30. Compultiable behavior in business

1. Money from $50,000,000 to 100,000,000 people on the act of forcing customers, business partners of other businesses by acts of intimidation or coercible behavior to force them not to trade or stop trading with that business.

2. Penituation from 100,000,000 to 150.000,000 people on the prescribed behavior at Clause 1 Article in the following circumstances:

a) to force the customer or the biggest business partner of the competitor;

b) The violation of violations is carried out on the range from two provinces, the central city to the central city.

3. In addition to being fined by provisions at Clause 1, Clause 2 This, the violation of the breach is confiscated by the confiscation of the animal, the vehicle used to carry out a violation of the breach including the confiscation of proceeds from the execution of the breach.

What? 31. Other Business detractors

1. Money from 10,000,000 to $50,000,000 for other business detractors by indirect behavior gives unhonest information, which has adversely affected credibility, financial status and other business activities.

2. Penituate from 50,000,000 to 100,000,000 to one of the following acts:

a) The other business with direct behavior gives unhonest information, which adversely affects credibility, financial status, and business activities of other businesses;

b) Other business with indirect behavior makes untrue information, which adversely affects the credibility, financial state and business activities of other businesses in the case of the violation of the violation carried out on the range from the two countries. Wake up, the city's central city.

3. Fines from 100,000,000 to 150.000,000 to a violation of the provisions of Article 2 of this Article 2 in the case of violation of violations made on the range from the two provinces, the central city or the central city.

4. In addition to being fined by regulation at Clause 1, Clause 2 and Clause 3 This, the violation of the violation may also be imposed on one or some additional form of sanctions and the measure of the remediation of the provisions stipulated at paragraph 4 Article 28 of this decree.

What? 32. Behavior disruptive business of other business

1. Money from $50,000,000 to 100,000,000 for the disruptive behavior of other business practices by direct or indirect conduct, disrupts business operations.

2. Penituation from 100,000,000 to 150.000,000 in violation of the prescribed violation at Clause 1 This Article in the following circumstances:

a) The disruptive business of other businesses makes the disruptive business impossible to continue to conduct business in a normal way;

b) The violation of violations is carried out on the range from two provinces, the central city to the central city.

3. In addition to being fined by provisions in Clause 1, Clause 2 This, the violation of the breach may also be imposed on one or some additional form of sanctions and the measure of the remediation of the provisions stipulated at paragraph 4 Article 28 of this decree.

What? 33. The ad behavior aims to compete unhealthy

1. Money from 60,000,000 to 80,000,000 people on the following advertising behavior:

a) Comparison of the direct commodity, service of its own with goods, services of the same type of business;

b) mimicking another advertising product to confuse customers.

2. Fines from $80,000,000 to 140,000,000 co-advertising conduct of fraudulent or misleading information to customers about one of the content: Price, quantity, quality, use, type, type, strain, packaging, date of production, duration, and date. use, exporting goods, producers, places of production, machinworkers, workplaces; the way to use, the method of serving, the warranty period; the information of lies or other confusion.

3. In addition to the fines of regulation in Clause 1, Clause 2 This, the violation of the breach may also be imposed on one or some additional form of sanctions and the measure of the remediation of the consequences stipulated at paragraph 4 Article 28 of this decree.

What? 34. The recommended behavior aims to compete unhealthy

1. Money from 60,000,000 to about 80,000,000 to one of the following acts:

a) The organization of the reward that lies about the prize;

b) Promotion of dishonor or confusion of goods, services to deceive customers;

c) Discrimination against the same clients at different commercial organizational venues in the same promotional program; and the same.

d) Give goods to customers who use it but require customers to change goods of the same type of other business that the customer is using to use its goods.

2. Money from 80,000,000 to 100,000,000 to a violation of the regulations stipulated at 1 Article in the event of a scale of the size of the organization from the two provinces, the central city or the central city.

3. In addition to the fines of regulation in Clause 1, Clause 2 This, the business that implements commercial activities aimed at competing unhealthy competition may also be imposed on one or some additional form of sanctions and the applicable consequences of remediation at the site. Paragraph 4 Article 28 of this decree.

What? 35. The discrimination behavior of the association

1. Money from 10,000,000 to 30,000,000 to one of the following acts:

a) deny that the business is eligible to join or withdraw from the association if the rejection is discriminated against and making that business disadvantages in competition;

b) Limiting any business activity or other activities is related to the business purpose of the member businesses.

2. Money from 30,000,000 to a 50,000,000 coin for one of the stipulated acts at Clause 1 This is one of the following cases:

a) Perform multiple violations of a business;

b) Perform infringes on many businesses at the same time.

3. fines from 50,000,000 to 100,000,000 to one of the prescribed behaviors at Clause 2 This in case of a reasonable constraint to insert member business forced to withdraw from the association.

What? 36. Behavior violation of multi-level sales

1. Money from 20,000,000 to 40,000,000 to one of the following acts:

a) A multi-level sales activity without ensuring the registration conditions that operate a multi-level sales activity under the rule of law;

b) Do not implement the additional level offer procedure, change the Certificate of Diversified Sales Activity Register Certification when there is a change, the addition associated with the Certificate of Certificate of Multi-Level Sales Activity.

c) Do not implement the proposed procedure of granting a Multi-Level Sales Activity Registration Certificate when a Multi-Level Sales Activity Registration Certificate is lost or torn, broken;

d) Provide false information in the filing for the Certificate of Multi-Level Sales Activity Registration;

not deploying multi-level sales during a 12-month period of continuous period since the date of being issued a multi-level sales activity subscription or temporary sales activity suspended for more than 12 consecutive months;

e) Sign a multi-level sales engagement contract with the individual who is not eligible for a multi-level sales in the rule of law;

g) No execution or execution is not true, not full of obligations concerning the training of the multi-level sales participant in accordance with the rule of law;

h) Not execution or execution is not true, not full of obligations concerning the granting of, in exchange, revoking a multi-level sales member card in accordance with the rule of law;

i) Do not perform or perform untrue, incomplete public service obligations at the headquarters and provide for the intended person to join the multi-level sales network of information, document under the rule of law;

l) Do not routinely monitor the activity of multi-level sales participants to ensure that the multi-level sales participant perform the right Rules of Operations, the Enterprise Pay Program;

l) Do not deduct the personal income tax of a multi-tier sales participant to submit to the state budget before paying for commissions, bonuses or other economic benefits for multi-level sales participants;

m) Do not manage the multi-level sales participant through the membership card system in accordance with the rule of law;

n) No notification or notification is not correct, incomplete for the sales participant to provide the unpurchased goods purchased before the person advances the purchase;

o) Sign a contract with a multi-level sales participant in the form of text or does not include full of basic content under the rule of law.

2. Free from 40,000,000 to 60,000,000 to one of the following acts:

a) Does not implement the correct regulation of a business object in a multi-level or a multi-level business in accordance with unregistered goods with the certificate granting the registration of a multi-level sales activity under the rule of law;

b) No implementation or execution is not true, not full of obligations defined by the law when temporarily shutting down a multi-level sales operation or continuing multi-level sales activity after a temporary period of time;

c) No implementation or execution is not true, not full of obligation to inform the agency with jurisdiction when the termination of a multi-level sales operation;

d) A multi-level sales activity in the province, the central city-central city where the business is not headquartered without confirmation of the Provincial Department of Commerce, the city on the reception of the operational notification profile;

Neither executed nor implemented properly, not fully obliged to inform the Department of Commerce where the conference organization, workshop, training under the rule of law;

e) Not implemented or implemented correctly, not fully obliged to acquire the goods of the multi-level sales participant in accordance with the rule of law;

g) Pay the participants to multi-level the total value of commissions, bonuses and other economic benefits for a year in excess of 40% of the multi-level sales revenue in that year of the multi-level sales business;

h) No execution or execution is not true, not full of the legal obligation stipulated upon the termination of a multi-level sales participation contract;

i) Withdraw the fund's deposit without the consent text of the Registered Multi-class Sales Activity Registration Authority except the business withdrawal business case withdrew funds signed into the commercial bank to perform a multi-level sales activity registration procedure. is not issued a Multi-Level Sales Activity Registration Certificate;

n) No implementation of a text change confirming the document or implementation of a document change procedure that identifies the deposit but does not inform the issuing of a multi-level sales activity certification agency when there is a change in relation to the underlying content of the document. Document confirmation text;

l) No implementation, execution is not true, is not fully obligated to report periodic reports to the state agency with jurisdiction under the rule of law.

3. Sales of a multi-level selling business from 60,000,000 to 100,000,000 to one of the following acts:

a) Business in a multi-level method without registering a multi-level sales activity with a competent state agency;

b) Ask the person who wants to join a multi-level sale that must place a deposit or close a certain amount under any form to be entitled to join the multi-level sales network;

c) requires that the person who wants to join a multi-level sale must purchase a number of goods under any form to be entitled to join the multi-level sales network;

d) Requield a multi-level sales participant to pay an additional amount of money under any form to be entitled to maintain, develop or expand its multi-level sales network;

) Limiting an illegal way to develop a multi-level sales participant's network in any form;

e) For multi-level sales participants receiving commissions, bonuses, other economic benefits from enticing others to participate in the multi-level sale;

g) Rerefuse to pay for no good reason for the commissions, bonuses or other economic benefits that the multi-level sales participant has the right to do;

) Ask for a multi-level sales participant to recruit new or to renew a multi-level sales engagement with a certain amount of multi-level sales participants in order to be entitled to commission, bonuses or other economic benefits;

i) requires participants to conference, seminars, training in relation to the contents of the basic training program that must pay or fees under any form, except for the reasonable cost to purchase training materials;

l) Force the participants of a multi-level sales participant to participate in conferences, seminars, training courses on non-enterprise basic training programs;

l) Required participants to conference, seminars, training courses on non-basic content of the training program to pay or fees higher than the reasonable cost to carry out that operation;

m) The fee for granting, changing membership cards to multi-level sales participants in any form;

n) Do not commit to the multi-tier sales participant return the goods and return the money that has moved to the business in accordance with the rule of law;

o) Obstruction Of Multi-tier sales participants return the goods according to the rule of law;

p) Provide false or misleading information about the benefits of joining a multi-level sales network, in terms of properties, the use of goods, on the activities of the multi-level sales business to lure others into the multi-level sales;

q) Maintenance of more than one multi-level business position, multi-level sales contract multilevel sales contract or other forms equivalent to the same person joining a multi-level sales;

r) Business according to the pyramid pattern;

s) Purchasing or transfer of a multi-level sales participant network to the business other than the acquisition case, merge or merge the business;

t) Required, inciting a multi-level sales participant to carry out prohibited behavior under the rule of law.

4. Free twice the amount of regulation at Section 3 This is for the prescribed behavior at paragraph 3 This is in the case of violation of the violation carried out on the range from the two provinces, the central city or central city.

5. In addition to being fined by regulation at Clause 1, Clause 2, Clause 3 and Clause 4 This, the violation of the breach may also be imposed on one or some additional form of sanctions and the following remediation measures:

a) Recover the Certificate of Registered Multi-level Sales Activity Certificate against the specified behavior at Point d, This Article 1 This Article and the specified behavior at paragraph 3 This minus the business case in a multi-level method without registering a multi-level sales activity. granting authority to the state authority;

b) The confiscation of the animal, the medium used to perform violations including the confiscation of profit proceeds from the execution of the breach;

c) Forgot public reclamation.

Section 5

BEHAVIOR VIOLATION OF OTHER COMPETITION

What? 37. Behavior violation behavior provides information, documentation and information.

1. Police charges or fines from $2,000,000 to $5,000,000 in one of the following acts:

a) Not to provide or provide incomplete information, documents that he knows at the request of the authority of the authority;

b) Provide information, untimely documentation at the request of the authority of the authority;

c) Try to provide information, false documents, or mislead information, documents;

d) To compel others to provide information, to false documents;

) Cover, destroy information, documents related to the competition.

2. Penituation of 5 million to 10,000,000 coins for one of the prescribed behaviors at clause 1 This Article in the case of information, the required documentation is particularly important for the proper settlement of competition.

3. In addition to being fined the provisions in Clause 1, Clause 2 This, the organization, the individual violation may be forced to provide back up with the information, the full document.

What? 38. Behavior in violation of other regulations related to the process of investigation and handling of the competition.

1. Police charges or fines from $2,000,000 to $5,000,000 in one of the following acts:

a) intentionally or inadvertated to disclose information, document under secret investigation;

b) Trouble at the hearing.

2. Penituation of 5 million to 10,000,000 coins for one of the prescribed behaviors at clause 1 This Article in the case of information, the document is revealed to be particularly important to the right settlement of competition.

3. In addition to being fined by regulation at Clause 1, Clause 2 This, organization, individual violation of the confiscated animal, is used to carry out violations.

What? 39. Behavior of limited competition, economic focus before a decision to enjoy the exemption of the competent authority of the United States.

1. Money from 100.000,000 to 200,000,000 co-workers with each business participating in the competitive limit of competition are exempt under the regulation at Article 10 of the Competition Law before the decision to give the Minister ' s exemption for the exemption. Ministry Of Commerce.

2. Free from 100,000,000 to 200,000,000 co-workers with the business of carrying out economic focus on the case of exemption under regulation at Article 19 of the Competition Law before a decision to give the Prime Minister ' s exemption to the exemption. of the Minister of Commerce.

Chapter III

JURISDICTION, PROCESSOR PROCEDURE

ILLEGAL COMPETITION

Item 1

THE AUTHORITY TO DISPOSE OF THE LEGAL VIOLATION OF COMPETITION

What? 40. The jurisdiction of the competitive governing body

1. For violations of the regulatory violation of unhealthy competition and other competitive laws violations, the head of the governing body of competition has jurisdiction:

a)

b) The currency on the violations of regulation in Section 4 and Section 5 Chapter II of this decree to 100.000,000 in the case of an individual's behavior, to 200,000,000 in the case of conduct by the organization;

c) The confiscation of the animal, the medium used to carry out a violation of the legal breach of competition including confiscation of proceeds proceeds from the execution of the breach;

Forcing public reclamation,

2. The head of the competitive governing body has the authority to decide to apply, change or cancel the administrative pane when not transferring the competitive case to the Competition Council.

What? 41. The jurisdiction of the Competition Council, the Competition for Competition Competition

For the violation of the regulatory violation of competitive constraint control, the Competition Council, the Competition Council for the Competition of Competition with the following competentiation:

1. Police.

2. Money.

3. Funeral collection, media used to perform violation behavior.

4. Apply regulatory measures at points c, d, e, e, g, h, i and k Section 3 Article 3 of this Decree.

5. Ask the agency to have the authority to revoking the business registration certificate, the authority to use the license, the practice certificate.

6. Requied the authorities to apply the regulatory measures at Point a and B 3 Article 3 of this decree.

Item 2

PROCEDURE FOR LEGAL VIOLATION OF COMPETITION

What? 42. Procedulation of legal violation of competition

The procedure for processing violation of the competition for competition includes the following procedures:

1. The procedure of handling violations of the regulation of competitive control of competition and competition is not healthy;

2. The procedure for processing violations of the rule of law on other competition.

What? 43. The procedure of handling violations of the regulation of competitive control of competition and competition is not healthy.

The disposal of a regulatory violation of competitive control of competition and non-healthy competition must follow the sequence, procedure in competitive proceedings stipulated at Chapter V of the Competition Law and the provisions at Chapter III of the European Parliament. Number 116 /2005/NĐ-CP specifies the details of the Law of Competition.

What? 44. Set the border on violations of the rule of law on other competition

1. Upon the discovery of a violation of the rule of law on other competition stipulated at Section 3 Chapter II of this decree, the authority must issue a suspension of the suspension and conduct a written order on the breach.

2. Content of the compilation includes:

a) The day, the month, the year, the site of the border;

b) They, the name, the position of the editor;

c) They, names, addresses, personal occupations of violation or name, address organization violations;

d) The day, month, year, the site of the breach;

) Describe the behavior of violations;

e) Administrative deterred (if available);

g) The state of mourning, the means of being suspended (if any);

h) The testimony of the individual violated or representative of the breach of the breach;

i) They, the name, address, the testimony of the witness, the person who was damaged or the organization representative was damaged (if any).

3. The border must be formed at least two copies; must be compiled by the compiler and the individual violation or representative of the breach organization; if someone witnessed, the person with damage or the organization ' s representative is damaged then they must enter the border; in the case. The number of documents, the ones that are regulated at this point must be signed into each of the written records. If the individual breach, the representative of the violation, the witness, who is damaged or the organization's representative is damaged by the damage, the editor must record the reason for the record.

4. The completed margin must be delivered to the individual, which organizes a one-copy violation; if the breach exceeds the authority 's handling of the editor' s disposal, the person must submit a written statement to the person with the authority to handle it.

What? 45. The deadline to decide on the decision to process laws against other competition

1. The deadline for the decision to deal with other competition law rules is 10 days, since the date of the publication of the statute of limitations on other competition; in the event of a number of complex conditions, 30 days.

2. In the case of a need for more time to verify, collect evidence, the person with the authority must report his direct prime minister in writing to apply for a extension; the extension must be written in writing, the extension deadline is not too 30 days.

3. Overtime at Clause 1, Clause 2 This, who has the authority to sanctiate the decision not to decide the penalty but still decides to apply the measure of remediation in paragraph 3 Articles 37 and Article 3 Article 38 of this decree.

The person with the authority to process if there is an error in order to be too long without the decision to process the breach is processed under the rule of law.

What? 46. The decision to handle violations of the law of other competition

1. The content of the decision to process violations of the rule of law on other competition includes:

The day, the month, the year was determined;

And their names, and their names, and their posts,

c) They, the name, address, the profession of the individual violated or the name, address of the violation organization;

d) Behavior violations; the conditions involved in the settlement of the breach; what, the paragraph of the law of the rule of law is applied;

) the main form of punishment, the additional form of sanctions (if any), the remediation measures (if any);

e) The time, the decision of the decision, and the writing of the decision,

g) Rights of the complaint to the decision to process violations of the rule of law on other competition under the rule of law.

2. The decision to deal with other competition law regulations must be personally noted, the organization being treated without voluntary consent is enforced.

3. The decision to dispose of other competition law regulations in other competition comes into effect since the date of the signing, unless the case in the decision stipulated the date of another effect.

4. In the 03-day period of work, since the decision to handle violations of the rule of law on other competition, the competent person has made a decision to dispose of the individual to the individual, the organization of punishment, the penalty and other relevant agency (if possible). Yes) to enforce.

The decision to process violations of the rule of law on other competition is delivered directly or sent through the post office in a form of reassuring and informing the individual, the organization being punished.

For the case of a decision to be delivered directly by the individual, the organization of the violation of the incident did not take the decision, and the person with the authority to set the commission on the decision not to receive the confirmed decision of the local government and was deemed to have been committed.

For the case sent via the post office in a form of guarantee, if after a 10-day period, since the processing decision date was sent via post office to the third time that was returned by the individual, the violation of the incident was not receiving; the treatment decision was sealed. At the residence of the individual, the institution of the organization is puned or issued to the grounds that the fugitive who avoids not receiving treatment is considered a decision that has been delivered.

Section 3

THE PROCEDURE FOR HANDLING THE CASE

COMPETITION, DECISION PROCESSING DECISION

OTHER COMPETITION LEGISLATION

What? 47. Accept of the decision to handle the competition, the decision to handle violations of the rule of law on other competition

1. The business that is treated in violation of a decision to handle the competition's competition is handled by the competition and of the competitive governing body for a 30-day period, since the date of the decision to handle the competing case with law enforcement.

2. The organization, the individual who is treated with a violation of the statutory law of other competition stipulated at Section 5 Chapter II of this decree must approve the decision to process the law of another competition in the 10-day period, since the date of the settlement. I ' m going to have to deal with the rules of other competition.

3. The expiration of the specified deadline at Clause 1, Clause 2 This, if the organization, the individual who is disposed to do not voluntarily enforce the procedure, shall be enforced under the provisions at Article 49 and Article 50 of this decree.

What? 48. Where to pay for the fine

The organization, the individual who was fined by the decision to handle the competition, decided to deal with a violation of the law of other competition that had to pay a fine at the State Treasury in the decision to handle the competition, the decision to handle the breach. The law of other competition.

What? 49. The enforcement of the decision to handle the competition.

1. The expiration date at Clause 1 Article 47 of this Decree, the organization, the individual convicted of unvoluntary violation of execution, does not initiate the Court by statute at Section 7 Chapter V of the Competition Law, the party is enforced on the decision to handle the competition. There is a right to the right to order the authority to ask for the authority to rule in paragraph 2, Clause 3 This is to execute the decision to handle the competition within the scope of the function, the task, the authority of that agency.

2. The competent agency is responsible for revoking the business registration certificate, stripped of the licenses, certificate of practice due to his granting to businesses that violate the law on competition at the request of the Competition Council for Competition in the United States. decided to handle the competition.

3. Other competent authorities responsible for organizing the implementation of the measures to restructure the business of market dominate the market, split, split the business that merged, merged, or forced resale of the business section purchased at the request of the company. The board handled the competition in the decision to handle the competition.

4. Provincial of the Provincial Civil Service, the Central City of the Central Committee where the seat, residence or where the property of the right party is responsible for organizing the decision to take part of the decision regarding the property of the decision to handle the competition. to the request of the party to be determined to handle the competition.

What? 50. The enforcement of the enforcement of the decision to process violations of the law of other competition

At the end of the provisions of Article 2 47 of this decree, if the organization, the individual convicted of unvoluntary violation of the decision to deal with the law of another competition would be enforced by law.

Chapter IV

EXECUTION CLAUSE

What? 51.

1. This decree has the enforcement effect since September 15, 2014 and replaces the Protocol No. 1. 120 /2005/ND-CP of the Government on 30 September 2005, on the processing of legal violations in the field of competition.

2. Behavior violations in the field of competition carried out before this time of regulation is in effect, the applicable regulation of treatment, the benefit of the organization, the individual violation.

What? 52.

1. In the case of necessity, the competitive governing body has the right to recommend the Ministry of Finance coordinated in determining the proceeds of the proceeds from the implementation of the regulatory violation in this decree.

2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.