What is the competition investigation time limit in Vietnam?

What is the competition investigation time limit in Vietnam? (Internet image)

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

1. What is competition case?

According to Clause 9, Article 3 of the Competition Law 2018, competition case means case showing signs of violation of competition law, which is investigated and handled in accordance with the Competition Law 2018, including anti-competition, violation of regulations on economic concentration and unfair competition.

2, What is the competition investigation time limit in Vietnam? 

According to Article 81 of the Competition Law 2018, the competition investigation time limit is as follows:

- The time limit for investigation of an anti-competitive case is 9 months from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 3 months.

- The time limit for investigation of a case in which a violation of economic concentration is found is 90 days from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 60 days.

- The time limit for investigation of an unfair competition case is 60 days from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 45 days.

- The extension of the investigation time limit must be notified to investigated party and concerned parties within 7 working days before the expiry date of the investigation.

3. Regulations on settlement of competition cases under the Competition Law in Vietnam

According to Clause 9, Article 3 of the Competition Law 2018, competition cases include cases of anti-competition, violation of regulations on economic concentration and unfair competition.

Therefore, the settlement of competition cases under the Competition Law 2018 will include: Settlement of violation of economic concentration regulations (Article 89); Settlement of an unfair competition case (Article 90) and Settlement of an anti-competitive case (Article 91).

Specifically, the regulations for settlement of the above cases are as follows:

3.1. Settlement of violation of economic concentration regulations

- Within 30 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall issue a decision to:

+ Settle a violation of economic concentration regulations;

+ Request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 30 days from the date of decision; or

+ Suspend the settlement of a violation of economic concentration regulations.

- Time limit for settlement of a violation of economic concentration regulations in case of further investigation is 20 days from the date on which the dossier, investigation report and investigation conclusions are received.

3.2. Settlement of an unfair competition case in Vietnam

- Within 15 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall issue a decision to:

+ Settle the unfair competition case;

+ Request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 30 days from the date of decision; or

+ Suspend the settlement of the unfair competition case.

- Time limit for settlement of an unfair competition case in case of further investigation is 10 days from the date on 

3.3. Settlement of an anti-competitive case in Vietnam

- Within 15 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall establish an anti-competitive settlement council.

- Within 30 days from the date of establishment, the anti-competitive settlement council may request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 60 days from the date of request.

- Within 60 days from the date on which the council is established or the report and conclusions on further investigation are received, the anti-competitive settlement council shall issue a decision to suspend the settlement of competitions case as prescribed in Article 92 of the Competition Law 2018 or to issue a settlement decision as prescribed in Article 94 of the Competition Law 2018.

- Before issuing a decision on settlement of anti-competitive case, the anti-competitive settlement council shall open a hearing as prescribed in Article 93 of the Competition Law 2018.

- The anti-competitive settlement council shall issue a decision on settlement on anti-competitive case according to discussion, ballot and decision on the majority rule.

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