Facts and events requiring no evidence in competition proceedings in Vietnam

Rights and obligations to provide evidences in Vietnam

Pursuant to Article 17 of Decree 35/2020/ND-CP. the rights and obligations to provide evidences are as follows:

- The claimant shall have the right and obligation to find and submit documents and evidences that show that they file their complaint on sufficient grounds and in a legitimate manner.

- Persons with related interests and obligations who file their independent claims shall have the right and obligation to provide documents and evidences proving that their claims are well-grounded and lawful.

- The defendant, the examinee or the person with related rights and obligations that opposes any complaint or claim of another person against himself/herself shall have the right to prove that such opposition is well-grounded and shall be obliged to provide evidences for such opposition.

- Authorities conducting investigations into competition-related cases shall be obligated to find evidences for competition-related violations in the cases specified in clause 2 of Article 80 in the Competition Law 2018.

Facts and events requiring no evidence in competition proceedings in Vietnam (Internet image) 

Facts and events requiring no evidence in competition proceedings in Vietnam

Pursuant to Article 18 of Decree 35/2020/ND-CP, facts and events requiring no evidence in competition proceedings in Vietnam include:

- Clear facts and events that are known to all people and recognized by the Commission for Handling of Competition Restriction Cases or the National Competition Commission.

- Facts and events that have been documented and notarized or lawfully authenticated. In case of doubting the authenticity of documentary facts and events, the National Competition Commission may request agencies, organizations and individuals that have provided and submitted documents to present main and original ones.

- If a defendant, examinee or person with relevant interests and obligations admits or does not object to the fact, event, record and document that the other party submits, the latter shall not be required to provide evidence. If a defendant, examinee or person with relevant interests and obligations has their representative involved in the court proceedings, any admission or objection by the representative shall be deemed as the litigant’s admission within the representative's delegated authority.

Expertise solicitation or request in competition proceedings in Vietnam

Pursuant to Article 20 of Decree 35/2020/ND-CP, regulations on expertise solicitation or request are as follows:

- The claimant, the defendant, the examinee or the person with related rights and obligations shall have the right to request the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases to solicit expertise or, of their own accord, request expertise in case the Head of the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases refuses to solicit expertise. The right to request expertise shall be exercised within the time limit for investigation into and handling of competition cases.

- At the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall make their decision to solicit expertise. The decision to solicit expertise must specify the name and address of the expertise provider, the expertise receiver, subject matters of expertise, and the specific requirements that require the expertise provider’s conclusion.

- On seeing that expertise conclusions are not clear, at the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall request the expertise provider to explain expertise conclusions and summon the expertise provider to directly report on related matters.

- At the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall make the decision on supplementary expertise if expertise conclusions are unclear or insufficient, or if new issues arising relate to facts of competition cases that obtain previous expertise conclusions.

- Re-expertise shall be permitted if it is established that conclusion of the initial expertise is inaccurate or violates law.

Mai Thanh Loi

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