Mitigating and Aggravating Circumstances in the Field of Competition
Based on Article 5 of Decree 75/2019/ND-CP, it is stipulated that:
Mitigating circumstances in the sanctioning of violations of legal provisions in the field of competition include:
+ The violator has acted to prevent or mitigate the consequences of the violation or has voluntarily remedied the consequences and compensated for damages
+ The violator has voluntarily reported, sincerely confessed; actively assisted authorities in detecting and handling the violation
+ The violation was due to being coerced or dependent
+ First-time violation.
Aggravating circumstances in the sanctioning of violations of legal provisions in the field of competition include:
+ Organized violation
+ Repeated violations; recidivism
+ Taking advantage of circumstances of war, natural disasters, calamities, epidemics, or other special difficulties of society to commit the violation
+ Continuing to commit the violation despite being requested to cease by the Chairman of the National Competition Commission, the Competition Case Handling Council, or other competent authorities
+ After the violation, there have been acts to evade or conceal the violation
+ The violation is of large scale, involving a large quantity or high value of goods.
Circumstances that have been used to apply leniency policies shall not be considered as mitigating circumstances.
The above are mitigating and aggravating circumstances in the field of competition.
Respectfully!
