​      On September 26, 2019 the Government issued Decree 75/2019/NĐ-CP prescribing penalties for administrative violations against regulations on competition. The Decree takes effect from December 1, 2019.

Accordingly, the maximum fine imposed for a violation against regulations on unfair competition is VND 2 billion. The maximum fines prescribed below are imposed for violations committed by organizations. The maximum fine imposed upon an individual shall be equal to a half of that imposed upon an organization for committing the same administrative violation against regulations on competition.

Specifically, this Decree sets aside one Section with 06 Articles to provide for the range of fine for violations against regulations on unfair competition as follow:

For  misappropriation of trade secrets (Article 16)

- A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for committing one of the following violations:

+ Accessing or obtaining trade secrets by taking actions against security measures adopted by the older of such trade secrets;

+ Disclosing or using trade secrets without the permission of the holder of such trade secrets.

For use of coercion and undue influence in business (Article 17)

- A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for threatening or coercing customers or business partners of an enterprise into refusing to enter into or suspending transactions with that enterprise.

- A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for committing the violation prescribed in Clause 1 of this Article if the threatened or coerced customers or business partners are the largest ones of a competitor.

- A fine twice as much as the fine for the administrative violation prescribed in Clause 1 or Clause 2 of this Article shall be imposed if the corresponding violation prescribed in Clause 1 or Clause 2 of this Article involves two provinces or central-affiliated cities or more.

For Trade libel (Article 18)

- A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for trade libel by indirectly spreading false information about an enterprise with the aim of causing harm to the prestige, financial status or business operations of that enterprise.

- A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for trade libel by directly spreading false information about an enterprise with the aim of causing harm to the prestige, financial status or business operations of that enterprise.

- A fine twice as much as the fine for the administrative violation prescribed in Clause 1 or Clause 2 of this Article shall be imposed if the corresponding violation prescribed in Clause 1 or Clause 2 of this Article involves two provinces or central-affiliated cities or more.

For disruption to business activities of other enterprises (Article 19)

- A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for indirectly disturbing or disrupting business activities of another enterprise.

- A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for directly disturbing or disrupting business activities of another enterprise.

- A fine twice as much as the fine for the administrative violation prescribed in Clause 1 or Clause 2 of this Article shall be imposed if the corresponding violation prescribed in Clause 1 or Clause 2 of this Article involves two provinces or central-affiliated cities or more.

For illegally luring customers from other enterprises (Article 20)

- A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for luring or poaching customers from other enterprises in one of the following forms:

+ The enterprise provides false or misleading information about its profiles or its products, services, promotion programs or trading conditions relating to its goods or services with the aim of attracting customers of other enterprises;

+ The enterprise compares its goods or services with those of the same types provided by other enterprises without giving persuasive evidence.

- A fine twice as much as the fine for the administrative violation prescribed in Clause 1 of this Article shall be imposed if the corresponding violation prescribed in Clause 1 of this Article involves two provinces or central-affiliated cities or more.

For selling goods or providing services below costs (Article 21)

- A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for selling goods or providing services below their costs and thus driving or potentially driving other enterprises selling or providing the same type of goods or services out of the market.