You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 16, 2023

Long-Awaited Vietnam Competition Commission Begins to Take Shape

Subscribe to Updates

On February 10, 2023, the government of Vietnam issued Decree No. 03/2023/ND-CP regulating the functions, rights and duties, and organizational structure of the National Competition Commission (“Decree 03”). The National Competition Commission (official English name Vietnam Competition Commission or VCC) was first mentioned in the updated Law on Competition of 2018 and is meant to be the leading authority responsible for the state management of competition matters in Vietnam. However, nearly five years later, no penalty decisions for competition violations under the Law on Competition 2018 have been issued, due to a lack of regulations on the functions of the VCC. Thus, the issuance of Decree 03 is an important milestone and is expected to increase the authorities’ enforcement against competition-related violations in Vietnam.

The VCC is an agency under the Ministry of Industry and Trade (MOIT) and consolidates the previous Vietnam Competition Council and Vietnam Competition Authority. The VCC is mainly responsible for: (1) carrying out competition proceedings, (2) controlling economic concentration, (3) deciding on exemptions from prohibited anti-competitive agreements, (4) handling appeals of decisions on settlement of competition cases; (5) advising and assisting the MOIT in performing the state management of competition, protecting consumers’ interests, and managing multi-level marketing activities; and (6) other responsibilities as may be assigned by the MOIT.

For each case of alleged anti-competition, the chair of the VCC will establish a Council for Handling Anti-Competitive Case, which will dissolve itself upon the fulfillment of its responsibilities.

The VCC is made up of 15 members, including the chair and one or more vice chairs, and will also include the following departments:

  • Competition investigation agency;
  • Secretariat of Councils for Handling Anti-Competitive Cases;
  • Competition Supervision Board; and
  • Units perform the function of state management of competition, protection of consumers’ interests, and management of multi-level marketing activities.

Decree 03 will take effect on April 1, 2023, replacing Decree No. 07/2015/ND-CP on the functions, rights, duties, and organizational structure of the Competition Council and Decision No. 24/2015/QD-TTg of the Prime Minister promulgating the organizational and operational rules of the Competition Council.

It is worth noting that in order for the VCC to operate in practice, there must be a decision from the Prime Minister to appoint the chair of the VCC and further detailed regulations from the MOIT on the organization of the VCC, which are expected to be released in the near future.

Related Professionals

Practices

Antitrust and Competition

Location

RELATED INSIGHTS​ 

September 5, 2012
The Report: Thailand 2012, published by Oxford Business Group, provides an in-depth analysis of different sectors of the Thai economy. Tilleke & Gibbins contributed the legal section of the publication, which examines how Thailand’s legal landscape fosters growth and foreign investment.
Read More
December 23, 2011
This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.
Read More
August 11, 2011
This Japanese-language Guide to Doing Business in Thailand was prepared by Tilleke & Gibbins in collaboration with Nishimura & Asahi, the Lex Mundi member firm for Japan. Written for potential Japanese investors in Thailand, the guide provides an overview of the Thai legal system, structures for doing business, and foreign investment regulations. It introduces other aspects of Thai law relevant to investment activities, including the following:
Read More
August 4, 2011
Recognizing the importance of foreign investment for its economic growth, Thailand has through the years relaxed restrictive investment laws and regulations, thus favorably positioning itself as a prime market for cross-border M&A activity. Continuing the trend toward investment liberalization, the Bank of Thailand and the Ministry of Finance will implement the second phase of the Financial Sector Master Plan over the course of 2010-2014, which will grant waivers on income tax, specific business tax, and stamp duty for earnings on merger and acquisition activities.
Read More