The DECREE of the Government regulations on the handling of misconduct in the field of Competition Law held base GOVERNMENT Government on December 25, 2001;
Pursuant to the law on competition on December 3, 2004;
Basing the Ordinance handling administrative violations July 7, 2002;
According to the recommendation of the Minister of trade, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the handling for the organisation, individual acts intentionally or unintentionally violating the legal provisions on competition.
2. Violations of competition law under the provisions of this Decree include: a) violations of the regulations on control restrict competition, including violations of the provisions of the agreement limited competition, abuse of dominant market position, abuse of monopoly position and economic concentration;
b) violations of the provisions on unfair competition;
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 enterprise) and the Association activities in Vietnam (hereinafter 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. The principle of handling violates the law of competition 1. The handling of violations of rules of behavior control restrictions of competition must comply with the following rules: a) All violations must be detected timely. The handling of violations must be conducted justly, promptly, thoroughly; any consequences caused by the violations must be fixed in accordance with the provisions of the law;
b) the handling of violations must follow the order procedure in competition proceedings is stipulated in chapter III of Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition and the provisions in this Decree;
c) the handling of violations must be conducted by the competent authority in accordance with the law;
d) A violation of the law on competition just dealt once; a business made numerous violations then dealt for each violation;
DD) Not proceed with processing the violation under the provisions of this decree with regard to the violations of the signs of the crime.
2. The handling of violations of regulations on unfair competition must adhere to the principles specified in paragraph 1 of this article and article 3 of the Ordinance on handling administrative violations.
3. The handling of violations of the legal provisions of other competition must comply with the principles set forth in article 3 of the Ordinance on handling administrative violations.
Article 4. The form processing violates the law of competition 1. Form processing violate competition laws include sanctions and remedial measures.
2. for each violation of the law on competition, organization, individual violation must bear one of the following sanctions: a) caution;
b) fine.
3. Depending on the nature and extent of the violation, the Organization, individuals violating the law on competition can be applied one or some form of additional punishment: a) revoking the certificate of business registration, deprived of the right to use the license, certificate of practice;
b) confiscated exhibits, the media used to make violations of the law on competition.
4. In addition to the sanctions provided for in paragraph 2 and 3 of this article, the business violated laws on competition can be applied one or a number of remedial measures: a) corporate restructuring Forced the abuse of market dominant 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 5. Fines for violations of the law on competition 1. For violations of the regulations on control of behavior restriction of competition, the Agency has jurisdiction to handle violation can be fined according to the specific level specified in Items 1, 2 and 3 of chapter II of this Decree, but the maximum 10% of the total turnover of the business in the previous fiscal year of violations.
Business case the new offense and not enough activity in a financial year, the total revenue in previous fiscal year made violations of the provisions of this paragraph are defined as the total turnover of the business since its founding until official investigation decisions about violations.

2. With regard to violations of the rules on unfair competition and violations of the legal provisions of other competition in the case prescribed in clause 1 of this article, the competent authorities conduct a fine according to the rates specified in section 4 and 5 of chapter II of this Decree.
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. Determining the level of processing for the violations of the law on competition when determining the level of processing for each violation of the law on competition, the competent authorities have the power base on one or more of the following factors: 1. The degree of competitive restrictions caused by the violation.
2. The extent of the damage caused by the violation.
3. Potentially restrict competition of the offending object.
4. Duration of violations.
5. Profits gained from the implementation of violations.
6. The extenuating circumstances, aggravation is regulated in article 8 of this Decree.
Article 8. Extenuating circumstances, aggravating 1. For violations of the regulations on control restrict competition and unfair competition, the competent authority may apply the extenuating circumstances, aggravating specified in section 6 of chapter III of Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition.
2. for violations of the legal provisions on the other competition, the competent authority may apply the extenuating circumstances, aggravation is regulated in articles 8 and 9 of the Ordinance on handling administrative violations.
Article 9. 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 1. 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 clause 2 Article 65 of the law on competition is 2 years from the date the violation was done.
2. Within the time limit specified in paragraph 1 of this article that the Organization, individuals make violations of new competition legislation or willfully evading, obstructing the disposal of the competent authorities, the time limits prescribed in clause 1 of this article shall be calculated from the moment again made breach of new competition legislation or termination escape behavior, hinder the process.
Chapter II VIOLATIONS of the LAW on competition, the FORM and the LEVEL of PROCESSING category 1 VIOLATIONS of RULES of COMPETITION RESTRICTION AGREEMENT article 10. Acts agreement fixing the price of goods or services directly or indirectly, 1. A fine of up to 5% 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 applied prices with some or all of the client;
b) discount or price increase agreement in specific levels;
c) agreement on the application of the formula to calculate;
d) agreement to maintain the fixed rate on the price of related products;
DD) agreed not to discount the price or apply the discounted price of unification;
e) agreement to spend the credit limit for the customer;
g) agreement not to discount if not inform other members of the agreement;
h) agreed to use the uniform price at the time the negotiations start.
2. A fine of between 5% 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 acts specified in paragraph 1 of this article in one of the following circumstances : a) the goods or services involved are food items, food, medical equipment, medicine and healing for people, veterinary medicines, fertilizers, livestock feed, plant protection, seed, livestock and health services, health;
b) businesses violate the organizational role, enticing the other object involved in the agreement.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures: a) confiscated exhibits, the media used to make violations of the , including confiscating the entire profits gained from the implementation of violations;
b) forced the removal of the terms violate the law out of contract or business transaction.
Article 11. Acts agreement to divide the market, the supply of goods, provision of services 1. A fine of up to 5% 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) 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 be purchasing goods or services from one or more of certain supplies.
2. A fine of between 5% 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 acts specified in paragraph 1 of this article in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.
Article 12. The limited agreement behavior or control number, volume of production, purchase, sale of goods and services 1. A fine of up to 5% 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) cutting deals, discount amount, mass produced , purchase, sale of goods, provision of services on the relevant market than before;
b) fixed number of deals, the volume of production, purchase, sell goods, provide services at levels sufficient to create the scarcity in the market.
2. A fine of between 5% 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 acts specified in paragraph 1 of this article in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.
Article 13. The limited agreement acts the technical development, technology, investment restrictions 1. A fine of up to 5% 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 unity agreement to buy patents , 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. A fine of between 5% 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 acts specified in paragraph 1 of this article in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or a number of remedial measures specified in paragraph 3 of article 10 of this Decree.
Article 14. 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 5% 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 to other businesses the following prerequisites before signing the contract of purchase , selling goods and services:-restrictions on the manufacture, 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 the 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) binding to other business deals when buying, selling goods or services to any business would join the agreement to buy 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. A fine of between 5% 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 from 30% or above on the related market for one of the acts specified in paragraph 1 of this article in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.

Article 15. Acts agreement prevented, hindered, not for other businesses entering the market or business development 1. A fine of up to 5% 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 deals;
b) agreement requirements the same, calling, seducing its customers don't buy, sell goods, do not use the services of the business did not join the agreement;
c) agreement to jointly buy, sell goods at a price sufficient to service businesses do not join the agreement can not participate in the relevant market;
d) require agreement, urges, 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;
the same agreement) buy, sell goods at a price sufficient to service businesses do not join the agreement cannot extend more business scale.
2. A fine of between 5% 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 specified in paragraph 1 of this article if the breach in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.
Article 16. Acts agreement removed the business market is not the party of the agreement 1. A fine of up to 5% 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 deals and the same request, call upon, seduce his customers don't buy , sell goods, do not use the services of the business did not join the agreement;
b) agreements not dealing with non-participating business deals and buy, sell goods and services with the price enough to business does not join the agreement to withdraw from the relevant market.
2. A fine of between 5% 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 specified in paragraph 1 of this article if the breach in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.
Article 17. 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 5% 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 a or the parties in the agreement 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. A fine of between 5% 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 specified in paragraph 1 of this article if the breach in one of the cases stipulated in item 2 article 10 of this Decree.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures specified in paragraph 3 of article 10 of this Decree.
Section 2 VIOLATIONS of PROVISIONS on ABUSE of DOMINANT MARKET POSITION, ABUSE of MONOPOLY POSITION Article 18. Sale of goods acts, provision of services under the entire cost to eliminate competitors 1. A fine of up to 5% 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. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the following cases: a) the goods or services concerned is the items stipulated in art. 2 article 10 of this Decree;

b) Enterprise violation had on the relevant market from 50% or more.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the following cases: a) is the business market share on the relevant market, the largest in the Group of enterprises dominant market position;
b) Is organizing role business, entice other businesses out of business groups have made the same dominant position violations.
4. In addition to the fines prescribed in clause 1, 2 and 3 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) confiscated exhibits means used to make violations including confiscating the entire 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 19. 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 5% 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. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the circumstances specified in paragraph 2 to article 18 of the Decree.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the cases provided for in paragraph 3 to article 18 of the Decree.
4. In addition to the fines prescribed in clause 1, 2 and 3 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 paragraph 4 to article 18 of the Decree.
Article 20. Restrict the production, distribution of goods, services, market restrictions, hindering the development of engineering technology, causing damage to the client 1. A fine of up to 5% 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, pest-painter; no major technical incidents or without a State of emergency;
b the fixed quantity supply) of goods and 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 buy goods and 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) threaten or coerce people are technical development research, technology must stop or cancel the study.
2. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the circumstances specified in paragraph 2 to article 18 of the Decree.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the cases provided for in paragraph 3 to article 18 of the Decree.
4. In addition to the fines prescribed in clause 1, 2 and 3 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) The additional sanctions and remedial measures prescribed in paragraph 4 to article 18 of the 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;
d) Forced to restore the conditions of technical development, the technology that the business was hampered.
Article 21. Acts impose different trade conditions in the same transaction to create inequality in competition

1. A fine of up to 5% 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 buying conditions , sale price, the term of payment, the amount of the purchase transaction, selling the goods, 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. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the circumstances specified in paragraph 2 to article 18 of the Decree.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the cases provided for in paragraph 3 to article 18 of the Decree.
4. In addition to the fines prescribed in clause 1, 2 and 3 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 paragraph 4 to article 18 of the Decree.
Article 22. 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 5% 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 , selling goods and services:-restrictions on the manufacture, 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 the 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 buy 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. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the circumstances specified in paragraph 2 to article 18 of the Decree.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the cases provided for in paragraph 3 to article 18 of the Decree.
4. In addition to the fines prescribed in clause 1, 2 and 3 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 paragraph 4 to article 18 of the Decree.
Article 23. The behavior preventing market participants of the new competitor 1. A fine of up to 5% 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) asked his clients not dealing with new competitors;
b) threatened or forced to the Distributor, the retailer does not accept the distribution of items of new competitors;
c) Sold the goods at a price sufficient to new competitors could not join the market but not in the case prescribed in clause 1 article 19 of this Decree.
2. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business location dominates the market for the acts specified in paragraph 1 of this article in one of the circumstances specified in paragraph 2 to article 18 of the Decree.
3. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of business enterprise group located dominates the market for the acts specified in paragraph 1 of this article in one of the cases provided for in paragraph 3 to article 18 of the Decree.
4. In addition to the fines prescribed in clause 1, 2 and 3 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 paragraph 4 to article 18 of the Decree.
Article 24. Abuses the exclusive location

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 paragraph 1 to article 18, paragraph 1 article 19, paragraph 1 article 20, paragraph 1 article 21 paragraph 1, Article 22 and Article 23 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) confiscated exhibits, the means used to carry out violations including confiscating the entire profits gained from implementing acts the violation;
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 25 ECONOMIC FOCUS. The merged business behaviors prohibited 1. A fine of up to 5% of total revenue in previous fiscal year made violations of the merged businesses and the business was incorporated for the merged behavior prohibited by the provisions of article 18 of the law on competition.
2. A fine of between 5% to 10% of total revenue in previous fiscal year made violations of the merged businesses and the business was incorporated for the merged behavior prescribed in clause 1 of this article in case the merged business insert pressed, forcing the merged enterprise to merger.
3. In addition to the fines provided for in paragraph 1 and 2 of this Article, the merged business could be made politically, split the merged business and merged businesses as before the merger.
 
Article 26. The best business behavior is prohibited 1. A fine of up to 5% of total revenue in previous fiscal year made violations of the enterprises were merged for the merge behavior prohibited by the provisions of article 18 of the law on competition.
2. A fine of between 5% to 10% of total revenue in previous fiscal year made violations of the enterprises were merged for the merge behavior prescribed in paragraph 1 of this article in case the merger increases the price of goods and services in a significant way on the market concerned.
3. In addition to the fines prescribed in clause 1 and 2 of this article, the best business can be applied one or some form of additional sanctions and remedial measures: a) the revocation of business registration certificates were issued to businesses incorporated;
b) forced the split, split the merged business.
Article 27. Business acquisition behavior prohibited 1. A fine of up to 5% of total revenue in previous fiscal year made violation of the business acquisition 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. A fine of between 5% to 10% of total revenue in previous fiscal year made violation of the business acquisition for behavior acquisition of prescribed in clause 1 of this article in case the enterprises acquired pinched, forcing the enterprise being acquired to sell all or part of its assets.
3. In addition to the fines prescribed in clause 1 and 2 of this article, the business acquisition also was forced to sell the property to which the enterprise has purchased.
Article 28. The venture between the behavior of businesses banned 1. A fine of up to 5% 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. A fine of between 5% to 10% of total revenue in previous fiscal years of violations of each respective business ventures for venture behavior prescribed in clause 1 of this article in case the venture raises the price of goods and services in a significant way on the market concerned.
3. In addition to the fines prescribed in clause 1 and 2 of this article, the parties to the joint venture, the business venture can also be revoked the certificate of business registration.
Article 29. The behavior is not notified of the fine economic focus from 1% to 3% of total revenue in previous fiscal year made violations of the businesses prescribed in clause 1 article 25, paragraph 1 Article 26, paragraph 1 article 27 and Article 28 paragraph 1 of this decree with regard to the economic focus behavior that does not fulfill the obligation of notification under the provisions of article 20 of the competition law.
Item 4 VIOLATIONS of the REGULATIONS on UNFAIR COMPETITION article 30. The behavior confusing instructions 1. 5 million to 10 million dong fine bronze for one of the following behaviors:

a) using the instructions contain information causes confusion about the trade name, business slogan, logotypes, packaging, geographical indications to falsify customer's perception about goods, services and other businesses for the purpose of competition;
b) business goods and services may use the confusing instructions specified in point a of this paragraph.
2. A fine of 10 million dong to 20 million VND for the confusing instruction behavior prescribed in paragraph 1 of this article in one of the following cases: a) the goods or services concerned is the items stipulated in art. 2 article 10 of this Decree;
b) goods, services are circulation, supplying on the range from the two provinces, the central cities.
3. In addition to fines according to clause 1 and 2 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 the entire profits gained from the implementation of violations;
b) Forced to reform public administration.
Article 31. Infringement of business secrets 1. 5 million to 10 million dong fine bronze 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. A fine of 10 million to 20 million dong VND for one of the acts infringing business secrets stipulated in paragraph 1 of this article in one of the following cases: a) to use the business secrets for the production and circulation of goods, provision of services on the range from the two provinces , central cities;
b) disclose, provide trade secrets to a competitor of the owner of the trade secret.
3. 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 the entire profits gained from the implementation of violations.
Article 32. Compulsive behavior in business 1. 5 million to 10 million dong fine copper 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 10 million dong to 20 million VND for violations of the force in the business prescribed in clause 1 of this article in case of forcing customers or business partners of the largest competitors.
3. In addition to the fines prescribed in clause 1 and 2 of this article, the business violated also confiscated exhibits, the means used to carry out violations including confiscating the entire profits gained from the implementation of violations.
Article 33. Denigrate other business behavior 1. 5 million to 10 million dong fine copper 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 10 million dong to 20 million VND to denigrate other business behavior by direct acts of giving dishonest information, bad influence to prestige, financial status and business activities of other firms.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in article 30 paragraph 3 of this Decree.
Article 34. Disruptive behavior of business activities other business 1. 5 million to 10 million dong fine copper 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 10 million dong to 20 million VND for disruptive behavior and business activities of other firms do business for being disruptive can not continue to conduct business activities in a normal way.
3. In addition to the fines prescribed in clause 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in article 30 paragraph 3 of this Decree.
Article 35. The ad aims to behavior of unfair competition 1. A fine of 15 million to 25 million contract from the contract for one of the following advertising behavior: a) a direct 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;

c) deceptive or put information causes confusion for customers on one of the following:-the price, quantity, quality, uses, designs, types, packaging, production date, shelf life, the origin of the goods, the manufacturer, place of manufacture, the machining, where offshoring;
-How to use, the method of service, the warranty period;
-The information false or misleading.
2. A fine of 30 million to 50 million dong VND for one of the offences stipulated in paragraph 1 of this article in one of the following cases: a) the goods or services concerned is the items stipulated in art. 2 article 10 of this Decree;
b) Ad scale in the range from two provinces and cities under central.
3. In addition to the fines provided for in paragraph 1 and 2 of this Article, the offending business also can be applied to one or some form of additional sanctions and remedial measures prescribed in article 30 paragraph 3 of this Decree.
Article 36. Promotional behavior aimed at unfair competition 1. A fine of 15 million to 25 million contract from the contract for one of the following behaviors: a) a promotional organization that lie about the award;
b) dishonest promotion or cause confusion on goods, services to customer deception;
c) discrimination with respect to the same customer at the different promotion organization in the same promotion;
d) Donated goods for customers to try it but the customer requests changes the same goods produced by other business that customers are used to taking his goods.
2. A fine of 30 million to 50 million dong VND for one of the offences stipulated in paragraph 1 of this article in one of the following cases: a) for goods, services are promotional items is defined in art. 2 article 10 of this Decree;
b) promotional organization scale in the range from two provinces and cities under central.
3. In addition to the fines provided for in paragraph 1 and 2 of this article, the business perform promotional activities aimed at competing fatally blind can be applied one or some form of additional sanctions and remedial measures prescribed in article 30 paragraph 3 of this Decree.
Article 37. Acts of discrimination by Association 1. A fine of 15 million to 25 million contract from the contract 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 million to 50 million dong VND 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;
c) unreasonable restrictions to insert pressed business members to withdraw from the Association.
Article 38. Sales behavior illegal multi level 1. Fine of multi-level sales enterprises from 50 million to 70 million dong VND for one of the following behaviors: a) who wish to participate must request a deposit in order to be entitled to participate in multi-level sales network;
b) requires people who want to participate must buy a certain quantity of goods originally to be entitled to participate in multi-level sales network;
c) requires people who want to participate must pay a sum of money or pay any fee in the form of courses, seminars, training courses, social activities, or other similar activities in order to be entitled to participate in multi-level sales network except the money buy the documents prescribed in paragraph 2 article 6 of Decree No. 110/2005/ND-CP on 24 August 2005 by the Government on the management of multi-level sales activities;
d) No commitment for the participants to return the goods and receive funds have moved to business under the provisions of article 11 of Decree No. 110/2005/ND-CP on 24 August 2005 by the Government on the management of multi-level sales activities;
DD) hinder the participants returned the goods arising from the termination of the contract involved multi-level sales;
e) for participants to receive commissions, bonuses, other economic benefits mainly from the seduce others involved multi-level sales network;
g) provides information about the benefits of cheating involved multi-level sales network to lure participants multi-level sales;
h) provide false information about the nature and uses of the goods in order to seduce people involved multi-level sales.
2. A fine of multi-level sales enterprises from 70 million to 100 million dong VND for one of the acts specified in paragraph 1 of this article in case of sales activity scale multi level occurred in the range from two provinces, central cities.
3. In addition to the fines prescribed in clause 1 of this article, the multi-level sales Enterprise illegal can be applied one or some form of additional sanctions and remedial measures prescribed in article 30 paragraph 3 of this Decree.
Section 5 VIOLATIONS of the LEGAL PROVISIONS on COMPETITIVE Conditions 39. Violations of the regulations on providing information, document 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for one of the following behaviors:

a) 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) concealed, destroyed the information and documents related to the competition.
2. A fine from 1.000.000 VND to 3 million contract 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 and 2 of this article, the organization or individual in violation can be forced to provide information, the full document.
Article 40. Violations of the provisions relating to the process of investigating and handling the case competition 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND 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 from 1.000.000 VND to 3 million contract 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 clause 1 and 2 of this article, the Organization, the individual breach also confiscated exhibits, the means used to carry out violations.
Article 41. The limited agreement acts competition, economic focus before you decide to enjoy the immunities of competent authorities 1. A fine of 30 million to 50 million dong VND but does not exceed 3% of the total revenue in previous fiscal years of violations of individual enterprises is the parties to the agreement restricting competition have combined market share from 30% or above on the related market for limited agreements behavior in competition cases are exempt under the provisions of article 10 of Competition law before a decision is made to enjoy the immunities of the Minister for trade.
2. A fine of 30 million to 50 million dong VND but does not exceed 3% of the total revenue in previous fiscal year made violations of the merged businesses and the business was incorporated for the merged behavior in exclusion as stipulated in article 19 of the law on competition before you decide to enjoy the Prime Minister's immunity or of the Minister of trade.
3. A fine of 30 million to 50 million dong VND but does not exceed 3% of the total revenue in previous fiscal year made violations of the businesses were combined for the best behavior in 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 Commerce.
4. A fine of 30 million to 50 million dong VND but does not exceed 3% of the total revenue in previous fiscal year made violation of the business acquisition for behavior acquisition in 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 Commerce.
5. A fine of 30 million to 50 million dong VND but does not exceed 3% of the total revenue in previous fiscal year made violations of the corresponding joint venture parties for venture behavior in 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 Commerce.
Chapter III jurisdiction, HANDLING PROCEDURES VIOLATED the LAW on COMPETITION section 1 AUTHORITY to HANDLE VIOLATION of LAWS on COMPETITION Article 42. The Agency's authority to manage the competition and management heads of competition 1. With regard to violations of the rules on unfair competition and violations of the laws of the other competition specified in section 5 of chapter II of this Decree, the agency managing the competition authority: a) caution;
b) fines;
c) confiscated exhibits, the means used to carry out violations;
d) forcing the offending object to improve public administration.
2. Heads manage competition authority decided to adopt, change or cancel the administrative measure when not yet transformed the profile of competition for competition Council handles.
43 things. 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 and 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 4 Article 4 of this Decree.
5. to request the competent authority to revoke a certificate of business registration, 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 4 Article 4 of this Decree.
Article 44. The authority of the President of the Council of competition

Competition Council President has the right to decide to apply, change, cancel the administrative measure after receiving the competition.
Article 45. The jurisdiction of the other authority authority to sanction the violation of rules of unfair competition related to intellectual property rights of other organs is determined according to the provisions of the law on the handling of administrative violations.
Category 2 PROCESSING PROCEDURES VIOLATE COMPETITION LAW Article 46. 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. procedure to apply, change and annulment of the preventive measures.
3. procedures for handling violations of the legal provisions on competition.
Article 47. 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 dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition.
Article 48. Procedure to apply, change, cancel the measures preventing the administration procedures apply, change, cancel the administrative measure taken according to the provisions of article 61 of the competition law and the provisions of section 7 of chapter III of Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition.
Article 49. 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 5 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 of administrative violations (if available);
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 50. 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 please renew once but not more than 30 days; the extension must be in writing. Too time, people were not handling authority decision to handle the offense. 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 51. 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. Decides to handle violation of other competition legislation is sent to the individual, organization and processing currency fine within 3 working days from the date of the decision to handle violation of legal provisions on competition.
Article 52. Transfer records in the case of competing signs of crime If it deems violation of criminal signs, the Agency has the authority to transfer records, exhibits, the media agency for violation of criminal proceedings conducted under the provisions of article 94 of the law on competition. In case the decision was handled violated the Agency had violated the disposal decision must have decided to cancel the decision to handle the offense. Within 3 working days from the date of cancellation of the decision to handle the violation, the Agency had violated the disposal decision to transfer records to the agency conducting the criminal proceedings.
Section 3 PROCEDURE for ENFORCING the DECISION to HANDLE the CASE competition, DECIDED to HANDLE VIOLATION of LEGAL PROVISIONS ABOUT OTHER COMPETITIVE 53 Articles. 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 and 2 of this article, if the Organization, individuals dealt with involuntary enforcement of coercive enforcement will be according to the provisions of Articles 55 and 56 of this Decree.
Article 54. 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 55. Coercive enforcement of the decision to handle the case of competition 1. Most of the time limit specified in paragraph 1 to article 53 of the decrees, the Organization, the individual 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 authority specified in paragraph 2 and 3 of this article the Organization enforcement of 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 56. Coercive enforcement of the decision to handle violation of legal provisions on competitive expiry clause 2 Article 53 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 under the procedure provided for in Articles 66 and 67 of the Ordinance Handling of administrative violations and Decree No. 37/2005/ND-CP dated 18 March 2005 regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.
Chapter IV COMPLAINTS, accusations the thing 57. The complaint, report 1. The Organization, the individual dealt with violating laws on competition or their legal representatives have the right to complain to the competent authorities about the decision to handle the case competition, decided to handle violation of competition law the Council handled the competition and competition administration , when there is evidence that that decision is contrary to the law, violated the legitimate rights and interests.
2. organizations and individuals were applying preventive measures of administration or their legal representatives have the right to complain to the competent authorities of the decision to apply measures to prevent the administration of the competition Council Chairman and heads of regulatory competition, when there is evidence that that decision is contrary to the law , violated rights and legitimate interests.

3. Every citizen has the right to report to the competent authorities about the violations of the law in the process of handling competition legislation breach causing damage or threatening to damage the interests of the State, the legitimate rights and interests of the agencies, organizations and individuals.
4. Every organization, individual complaints, false accusations could affect the credibility of the person with the complaint, the report will be dealt with according to the provisions of the law.
Article 58. Resolve complaints against decisions to handle the competition Council's handling of the case competition, The competition authority to resolve complaints against decisions to handle the competition Council's handling of the case competition, the competition authority made under the provisions of section 7 of chapter V of the competition law and the provisions of section 10 Chapter III of Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition.
Article 59. Resolve complaints against decisions to handle violation of legal provisions on the other competition, decided to adopt measures to prevent settling administrative complaints against decisions to handle violation of legal provisions on the other competition, the decision to apply preventive measures implemented under administrative law provisions on complaints , accusations.
Article 60. Resolved to report the settlement of citizens about violations of the law in the process violating competition law made under the provisions of the law on complaints and denunciation.
Article 61. Administrative proceeding 1. The case does not agree with the decision to settle complaints by the competent authority as defined in article 58 of this Decree, the parties concerned have the right to sue the administrative case against a part or the whole content of the complaint resolution decision according to the provisions of article 115 of the law on competition.
2. where does not agree with the decision to settle complaints by the competent authorities as specified in article 59 of this Decree, the parties concerned have the right to sue the administrative case against a part or the whole content of the complaint resolution decision under the provisions of the law on complaints , accusations and the procedure for resolving the case.
Chapter V ENFORCEMENT PROVISIONS Article 62. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 63. Responsibility 1. Trade Minister responsible for organizing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of Government affiliated agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.