THE GOVERNMENT
Decree No. 71/2014/ND-CP dated July 21, 2014 of the Government detailing the Law on Competition on imposition of violation penalties against the Law on Competition
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Competition dated December 03, 2004;
Pursuant to the Law on handling administrative violations dated June 20, 2012;
At the request of the Minister of Industry and Trade,
The Government issues the Decree detailing the Law on Competition on the imposition of penalties for violations against the Law on Competition.
Chapter I
GENERAL PROVISION
Article 1. Scope of adjustment
1. This Decree regulates the imposition of penalties for the organizations and individuals committing violations against the Law on Competition.
2. The violations against the Law on Competition under the regulations of this Decree include:
a) Violations against regulations on control of anti-competitive practices;
b) Violations against regulations on unhealthy competition;
c) Other violations against regulations of the Law on Competition.
Article 2. Objects of applications
This Decree applies to:
1. Business organizations and individuals (hereinafter referred to as enterprise) and industry associations in Vietnam (hereinafter referred to as association) that are prescribed in Article 2 of the Law on Competition.
2. Other organizations and individuals committing violations prescribed in the regulations of Section 5 Chapter II of this Decree.
Article 3. Violation penalties against Law on Competition
1. Any organization or individual committing violations against the Law on Competition shall be penalized by either:
a) warnings;
b) fine.
2. Depending on the nature and severity of the violations, any organization or individual committing violations against the Law on Competition may face the additional penalties such as:
a) revocation of Certificate of Enterprise registration; suspension of practice certificate and license;
b) confiscation of exhibits and means used for activities breaching the Law on Competition including the confiscation of profit from the violations.
3. In addition to the penalties prescribed in the regulations in Clause 1 and Clause 2 this Article, any enterprise committing violations may be liable to some remedial measures as follows:
b) The enterprise abusing firms' dominant market positions must be re-structured;
b) The acquirer or consolidated enterprise must be separated; the contributed capital must be resold;
c) The rectification must be published;
d) The illegal clauses must be removed from the agreement;
dd) The unused inventions, useful remedies and industrial designs must be used or resold;
e) The obstacles preventing other enterprises from participating in the market or developing their business must be removed;
g) The conditions for the development of technology that are prevented by the enterprise must be restored;
h) The disadvantages to the customers must be deleted;
i) The contract clauses changed without legitimate reasons must be restored;
k) The contract that is rescinded without legitimate reasons must be restored.