Principles of competition legal proceedings in Vietnam

What are the principles of competition legal proceedings in Vietnam? Can ethnic languages be used in competition legal proceedings? – Thanh Hai (Ha Tinh)

Principles of competition legal proceedings in Vietnam

Principles of competition legal proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of competition legal proceedings in Vietnam

Principles of competition legal proceedings in Vietnam are stipulated in Article 54 of the Competition Law 2018 as follows:

- All competition legal proceedings of competition presiding agencies, competition presiding officers, participants in competition legal proceedings and concerned entities must comply with the provisions of the Competition Law 2018.

- In the process of carrying out competition legal proceedings, the competition presiding agencies, competition presiding officers and participants in competition legal proceedings must, within the scope of their respective tasks and powers, keep secrets of the competition case and trade secrets of enterprises as per the law.

- Legitimate rights and interests of enterprises and relevant entities shall be respected during the competition legal proceedings.

2. Language and script used in competition legal proceedings in Vietnam

According to Article 55 of the Competition Law 2018, the language and script used in competition legal proceedings is Vietnamese. Participants to competition legal proceedings shall be entitled to use their native language and script; in this case interpretation is required.

3. Evidence in competition legal proceedings in Vietnam

- Evidences are facts used as grounds for determining whether or not violations against competition law exist, violating enterprises and other details which are meaningful in the settlement of competition cases.

- Evidences are collected from the following sources:

+ Readable, audible, visible materials, electronic data;

+ Exhibits;

+ Testimonies, explanations of witnesses;

+ Testimonies, explanations of complainants, investigated parties, related entities;

+ Expertise conclusions;

+ Records made during the investigation, settlement of competition cases;

+ Other documents, objects or sources prescribed by law.

- Determination of evidence:

+ Readable documents shall be regarded as evidence if they are originals or notarized/authenticated copies provided or certified by involved or competent entities.

+ Audible and visible materials shall be regarded as evidence if they are presented together with the written explanation by the persons who have such materials about the origin of the materials in case they make records on their own, or the written explanation about the origin of the materials by the persons who have provided such materials to the persons who submit them, or description of the circumstances related to such recording or filming;

+ Electronic data messages in the form of exchange of electronic data, electronic vouchers, electronic mails, telegrams, faxes and other similar forms in accordance with the provisions of law on e-transactions;

+ Exhibits regarded as evidence that must be original objects related to the case;

+ Statements, testimonies of witnesses; statements, testimonies and explanations of the complainant, the person against whom the complaint is made (hereinafter referred to as respondent), the investigated party or relevant entities shall be regarded as evidence if they are recorded in writing, audio tapes, audio disks, video clips or by other audio and visual equipment as prescribed in Points a and b of this Clause or made verbally at the hearing;

+ Expertise conclusions shall be regarded as evidence if the expertise is carried out in accordance with the procedures prescribed by law.

(Article 56 of the Competition Law 2018)

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