Vietnam

The VCCA investigates competition cases. The National Competition Commission adjudicates contested cases. Both operate under the Ministry of Industry and Trade.

Article 12 prohibits anti-competitive agreements including price-fixing, output restriction, market allocation, bid-rigging, and restraining technical development.

Vertical agreements are covered but assessed under a less strict framework. Prohibited only if they cause or are likely to cause significant anti-competitive effects.

Enterprises with dominant position (30% or more market share) or groups with collective dominance are prohibited from engaging in abusive practices under Articles 27-28.

Pre-merger notification required for economic concentrations exceeding prescribed thresholds (total assets, turnover, or market share). Review period is 30 days for Phase I, extendable to 90 days for Phase II.

The 2018 law introduced a formal leniency programme. The first applicant may receive full immunity and subsequent applicants may receive up to 60% penalty reduction.

Limited formal settlement mechanisms. The VCCA may accept commitments during investigations but the procedural framework is not fully developed.

Fines of up to 10% of total revenue in the financial year preceding the year of the infringement. Additional sanctions include revocation of business licences.

No specific digital markets competition regulation. The Competition Law applies to all enterprises including digital platforms.

Sector regulators in telecommunications (VNPT supervision), banking (SBV), and energy coordinate with the VCCA on competition matters.

The VCCA has investigative powers including requests for information and documents. On-site inspection powers exist but practical experience is limited.

Parties may seek damages through the courts for competition law violations. Private enforcement is rarely used in practice.

Vietnam cooperates with ASEAN competition authorities, the ICN, and has received technical assistance from JICA, OECD, and UNCTAD.

Growing merger control activity, particularly in retail and technology sectors. Cartel enforcement remains limited. Increased focus on unfair competitive practices.