Foreign brands are increasingly popular in the Vietnam market as
Vietnam economy integrates into world economy. The openings of economy creates
opportunities to attract foreign investment into Vietnam through establishment
of companies. To continue to protect the fair competition, and interest of
consumer, it is important that the Vietnam state authority ensures the business
environment. Accordingly, violations
related to competition will be handled in accordance with the law.
Acts of violation of competition under Vietnam laws are defined in
Article 1 of Decree 71/2014 / ND-CP, including: violations of regulations on
control of acts of restraint of competition; acts of violating regulations on
acts of unfair competition; violations of other provisions of law on
competition. According to the provisions of law, the above acts shall be
subject to the forms of punishment and fine. The most common and most powerful
impact on businesses and consumers are the violation of unfair competition.
In practice, there are a number of instances where unfair
competition acts are associated with intellectual property rights
violations, which have a significant impact on business activities
of enterprises in the same field; violation of business secrets; activities of
advertising that are prohibited i.e. make direct comparison against competitor,
provide falsified or confused information to consumers…
If committed acts of unfair competition, the violator will be
subject to fine level from VND 10,000,000 to VND 140,000,000. At the same time,
additional measures and remedies will be applied, depending on the seriousness
of the breach, such as the revocation of the enterprise registration
certificate; deprivation of the right to use licenses or practice certificates;
confiscation of material evidences and means used to commit the violation,
including the confiscation of profits earned from the commission of the
violation; to restructure the enterprise, rectify to the public…
From the management of state authority, the detection and handling
of unfair competition acts create conditions for enterprises to have equal opportunities
in the market economy. From the enterprise’s perspective, it is important to
continuously review its business activities in Vietnam to ensure compliance to
competition law by its lawyers.
ANT
Lawyers – a law firm in Vietnam with international
standard, local expertise and strong international network. We focus on
customers’ needs and provide clients with a high quality legal advice and
services. For advice or services request, please contact us via email
ant@antlawyers.vn, or call us +84 24 730 86 529
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