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Viet Nam

Competition Law No. 27/2004/QH11

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Viet Nam

Year of current version:2004
Date of entry into force of original text:July 1, 2005
Date of Text (Enacted):December 3, 2004
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Alternative Dispute Resolution (ADR), Competition, Enforcement of IP and Related Laws, Undisclosed Information (Trade Secrets)
Notes:
This Law provides for competition-restricting acts, unfair competition acts, order and procedures for settling competition cases, measures to handle violations of competition legislation' (Chapter I.-General Provisions, Article 1.- Scope of regulation)

For provisions concerning the prohibition of monopolistic practices and unfair business competition, please refer to the following specific articles:
-Chapter II 'Control of Competition Restriction Acts'
Section 1.-Competition Restriction Agreements
Article 3.-Interpretation of terms
(paragraphs 3.3, 3.4, and 3.8)
Section 2.-Abuse Of Dominant Position On The Market, Abuse Of Monopoly Position
Section 4.-Investigation Of Competition Cases Article 89.-Contents of official investigation
(paragraph 2.-official investigation for cases of unfair competition
Article 90.-Time limit for official investigation (paragraphs 90.1, 90.2.-time limit for official investigation for cases of unfair competition and cases of competition restriction agreement such as abuse of monopoly position)

-Chapter III 'Unfair Competition Acts'
Article 39.-Unfair competition acts
Article 40.-Misleading indications
Article 41.-Infringement upon business secrets
Article 45.-Advertising for the purpose of unfair competition
Article 46.-Sale promotion for the purpose of unfair competition
Article 48.-Illicit multi-level sale (paragraph 4.-false information on the nature and utilities of goods)

-Chapter IV 'Competition-Managing Agency, Competition'
Article 49.-Competition-managing agency (paragraph 4.c,d, and e. Investigating competition cases related to competition-restricting acts and unfair competition acts; handling and sanctioning unfair competition acts)

-Chapter V 'Investigation, Handling of Competition Cases'
Article 56.-Principles for competition procedures (paragraphs 1,2.-the settlement of competition cases involving competition-restricting acts and unfair competition acts)
Article 118.-Levels of fine imposed for acts of violating competition legislation
Article 119.- Competence to sanction, handle violations of competition
legislation (paragraph 3.- sanctions against unfair competition acts related to IP)
Available Texts: 
English

Competition Law No. 27/2004/QH11 Competition Law No. 27/2004/QH11, Complete document (pdf) [156 KB]

WIPO Lex No.:VN057

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