competition law of vietnam 2018 and issues involved in enforcement

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MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS COMPETITION LAW OF VIETNAM 2018 AND ISSUES INVOLVED IN ENFORCEMENT Specialization: International Trade Policy and Law NGUYEN PHUONG TAM Hanoi – 2020 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS COMPETITION LAW OF VIETNAM 2018 AND ISSUES INVOLVED IN ENFORCEMENT Specialization: International Trade Policy and Law Full name: NGUYEN PHUONG TAM Supervisor: Prof Dr Tang Van Nghia Hanoi – 2020 i DECLARATION I hereby declare that I am the sole author of this master thesis It is made on basis of data collection, figure analysis, theoretical studies and under the direction, support and supervision of Prof Dr Tang Van Nghia The research contents and findings of this research are truly honest The data and figures collected and analyzed in the thesis are completely listed in the List of References I am fully responsible for the content of this Master thesis as well as this Declaration Hanoi, March 23rd, 2020 Nguyen Phuong Tam ii ACKNOWLEDGEMENTS During the progress of conducting this Master thesis, I have received the guidance and valuable support from professors, lecturers, family and friends First of all, I would like to express my gratefulness and the sincere thanks to Prof Dr Tang Van Nghia, Dean of Faculty of Graduate Studies of the Foreign Trade University (FTU) who provided me much guidance, support and help so that I can complete this Master thesis Second, I would like to extend a special thanks to all the respectful professors and lecturers from WTI in the Master of International Trade Policy and Law courses and Foreign Trade University who devoted their time, experiences and knowledge to give me the good foundation of international trade policy and law Last but not least, I convey my sincere thanks to my family and friends who provide me consecutive supports during the time of conducting thesis Hanoi, March 23rd, 2020 iii TABLE OF CONTENT DECLARATION i ACKNOWLEDGEMENTS ii TABLE OF CONTENT iii LIST OF ABBREVIATIONS v SUMMARY OF THESIS RESEARCH RESULTS vi INTRODUCTION .1 CHAPTER 1: OVERVIEW OF COMPETITION LAW OF VIETNAM 1.1 Fundamentals of competition and competition law .6 1.1.1 Fundamentals of Competition 1.1.2 Fundamentals of Competition Law 10 1.2 Evolution of competition law in Vietnam 16 1.2.1 Before the promulgation of the Competition Law 2004 16 1.2.2 The promulgation of the Competition Law 2004 .21 1.2.3 The promulgation of the Competition Law 2018 .28 CHAPTER 2: ISSUES INVOLVED IN ENFORCEMENT OF COMPETITION LAW OF VIETNAM 2018 .38 2.1 Contributions of the Competition Law 2018 38 2.1.1 Regulations on anti-competitive agreements 38 2.1.2 Regulations on abuse of dominant position and monopoly position .39 2.1.3 Regulations on economic concentration 40 2.1.4 Regulations on unfair competition 46 2.1.5 Regulations on Model of Competition Agency 47 2.2 Issues involved in enforcement of Competition Law of Vietnam 2018 49 2.2.1 Content issues 49 iv 2.2.2 Issues on competition enforcement agency 55 2.2.3 Concern related to enforcement to state-owned enterprises 60 2.2.4 Issues on Resources and Staffing .63 CHAPTER 3: RECOMMENDATIONS FOR VIETNAM TO EFFECTIVELY ENFORCE COMPETITION LAW 2018 .67 3.1 Recommendations on content of provisions .67 3.2 Recommendations on Competition Authority 70 3.3 Recommendations on enforcing competition laws to SOEs 73 3.4 Recommendations on resources and staff 76 3.5 Other recommendations .77 CONCLUSION 80 REFERENCES 82 v LIST OF ABBREVIATIONS ASEAN Association of Southeast Asian Nations MoIT Ministry of Industry and Trade NCC National Competition Commission OECD Organization for Economic Cooperation and Development POE Private Owned Enterprise SOE State Owned Enterprise UNCTAD United Nations Conference on Trade and Development VCA Vietnam Competition Authority VCCA Vietnam Competition and Customer Authority VCC Vietnam Competition Council vi SUMMARY OF THESIS RESEARCH RESULTS The leading objective of this research is to evaluate issues involved in enforcement of the Competition Law 2018 then to provide recommendations on how to solve these issues and to effectively implement the new law To achieve it, the research analyzes the situation of Vietnam Competition Law 2004 implementation, analyzes big changes of the Law 2018 then find out issues involved in the enforcement of this new Law Based on data analysis and information collected, the Competition Law 2018 implementation face the following issues: Firstly, the new Law still exists some points that are not clear or not feasible Some articles having good contents at the perfect concept but are inapplicable or hard to apply in reality The new Decree detailing the Competition Law 2018 has been promulgated on March 24 th, 2020 and will enter into force at middle of May, so during this time, standards for evaluating market power, market share, etc still follow the old degree Besides, some provisions of the new law such as leniency provision will not be effective if related provisions in other laws (e.g the Criminal Code) are not reformed In addition, the Competition Law 2018 separates the economic concentration from the anticompetitive agreements This change is suitable with the current context that not every economic concentration transaction is of anti-competitive nature The competition agency will determine the risk of leading anti-competitive of the economic concentration transaction then decide to approve the transaction or not It demands the very detailed and effective standard and tool to make the correct decision So one of recommendations suggested for the government is double check and keep amending unsuitable points Secondly, the National Competition Commission (NCC) is not officially organized yet, during this time, the Vietnam Competition Authority (VCA, and currently VCCA – Vietnam Competition and Consumer Authority) and Vietnam Competition Council are still in charge of competition cases In the new Law, NCC also belongs to the Ministry of Industry and Trade (MoIT) and members of NCC are officials of the MoIT, relevant ministries, they handle NCC missions vii concurrently This situation has limited the power, functions, neutrality and efficiency of the agency Thirdly, same as before, NCC has to face a lot of difficulties in handling competition cases related to state-owned enterprises or administrative decisions issued by state agencies as well as performing consultancy functions So the government will take more time to discuss and carry out how to help NCC effectively function Last but not least, Vietnam competition agency has a lack of budget and human resources for handling competition cases In fact, the number of competition agency‟ members is too small compared with competition cases that they need to handle They also need to other jobs assigned, so they cannot concentrate on handling competition cases only They also need to be trained regularly to improve their skills and experiences To fully fill these demands, a huge budget is needed So it requests the government to distribute more part of the State Budget to competition agencies INTRODUCTION Rationale of the research topic Competition Law No 27/2004/QH11 was approved in the sixth session on December 3rd, 2004 and took effect from July 1st, 2005 This law regulates competition restricting acts, unfair competition acts, order and procedures for settling competition cases, measures to handle violations of competition legislation During over ten years of the implementation, the Competition Law 2004 has revealed several shortcomings and drawbacks that need to be overcome Some provisions are no longer adequate with reality and direction of economic development New anti-competitive behaviors appeared which are not governed by the Law Some of them occurred outside Vietnam territory but their effects have been on Vietnam No legislation on competition handled this group of behaviors These shortcomings directly have impacts on the effectiveness and efficiency of competition law implementation, the strictness of law and violation prevention Under this context, the Competition Law No 23/2018/QH14 was enacted on June 12th, 2018 and took effect on July 1st, 2019, replacing the Law on Competition 2004 with changes that address the new market situation There have been new subjects regulated under Vietnam Law on Competition 2018, evaluation of market power factors in competition instead of market share factors, and changes in organization of authority handling investigation and enforcing competition matters After several months implemented, the new regulation reveals some issues in enforcement Therefore, the research on “Competition Law of Vietnam 2018 and issues involved in enforcement” expects to provide detailed analysis on issues involved in enforcement and then to provide some recommendations on effectively implementing the Competition Law 2018 Hopefully, the research will be useful with readers who may be concerned Literature review Researches on competition are various at different angles and perspectives However, the Competition Law 2018 has recently taken effect on July 1st 2019 – 70 Special care should be afforded to leniency applicants to ensure that they are not worse off in private damage actions than companies that decided not to cooperate, whilst at the same time not absolving them of their civil liability for damages caused by their anti-competitive conduct Fostering a private enforcement regime should reinforce a strong and effective public enforcement system and not serve to undermine it Regulations on economic concentration The only problem that needs to be discussed about economic concentration is to determine appropriate thresholds for notification of economic concentration When determining this amount of threshold, lawmakers should consider carefully to give appropriate figures to avoid economic concentration cases that not affect competition but meet threshold criteria and need to be notified and investigated – that waist time and resources, or economic concentration cases that actually affect competition but have not been reported and investigated – that are ignored or under enforcement The Decree No 35/2020/NĐ-CP already clarifies the thresholds with specific amounts and we need more time to evaluate rationality of these thresholds 3.2 Recommendations on Competition Authority Vietnam has made considerable progress in improving the quality of its regulation making processes generally There is extensive and generally effective consultation with affected stake-holders both within and outside government and, for principal legislation, multiple stages of quality checking from different perspectives at the policy formation, drafting and enactment stages The competition authority has long had a role (or at least potential role) of advocating for unnecessary impediments to competition to be removed or reformed but, with so many tasks to be done with so little resources, the number of occasions in which it has been invited to participate in regulatory debates is very limited From the viewpoint of a competition law and policy peer review (OEDC, 2018), two significant issues remain to be addressed are: 71 - Firstly, the contribution of the competition authority to regulation making needs to be increased significantly by number and intensity of interventions and the process by which the competition authority becomes involved in such debates needs to be institutionalized - Secondly, attention needs to be given to the vast array of regulations that were passed before the current quality controls were implemented The NCC (or another suitable agency with a broader economic mandate) should be tasked with addressing the issue of competitive impediments to competition in existing legislation or regulation As per OECD (2018), the NCC should have the power to issue public recommendations or inter-departmental recommendations concerning the reestablishment of the competitive environment if public authorities at the central and local levels have put in place/adopt acts that limit competition or discriminate among market players The first step should be to identify the sectors that are in most need of a detailed assessment A list of priority candidate sectors should be established drawn from: The top 20 most important sectors of the Vietnam economy in terms of contribution to GDP, employment, exports or other criteria considered relevant for Vietnam; and Any other sectors that after a wide consultation or a consultation with e.g the Vietnam Chamber of Commerce and Industry proposes as a candidate The second step should be to undertake assessments in a targeted number of sectors per year according to the OECD Competition Assessment Toolkit making appropriate recommendations for reforms to facilitate competition The third step would be for the agency to evaluate the progress of the program and to decide whether to proceed with further reviews and how to identify candidates based on maximizing the contribution of this reform work to Vietnam‟s national economic wellbeing 72 A mechanism should be implemented that alerts the NCC of all proposed new laws affecting business at an early stage and the NCC should be provided with an opportunity to provide its opinion based on a competition assessment checklist The NCC should perform this work using the principles and methodology described in the OECD Competition Assessment Toolkit The NCC should also have an effective compulsory inspections power (i.e “dawn raid” power) This means that it should be able to enter, unannounced, the premises of those being investigated to search and seize relevant evidence, regardless of its format There needs to be a balance between having a degree of procedural safeguards (e.g the requirement to seek judicial authority or warrant) without the requirements being too burdensome for the NCC as to diminish the efficacy of such investigation powers The NCC‟s status as an agency that is independent from government and business should be enshrined in law The law would prohibit completely the government from giving directions on when to open an investigation, how it proceeds and outcomes of enforcement actions Market studies may be initiated upon request of the government but it should not be permitted to direct the outcome and recommendations of the study carried out by the NCC The terms of any such requests should be published and transparent The NCC should be accountable directly to the National Assembly, by obliging the head of the agency to go to the Assembly once a year and answer written or oral questions The NCC commissioners should be collegial in nature and have several commissioners with a wide range of experience in business, economics and law Vietnam might learn from Thailand and some OECD countries (e.g Mexico) for a “public selection procedure” to ensure that the commissioners possess the necessary expertise and independence, that the selection process is transparent, and based on merit The appointment of the NCC commissioners should then involve a state body where a wider consensus is required (e.g the National Assembly) Also, 73 commissioners should be dismissed only for limited, well-defined reasons set out in law This would provide more legal security and objectivity, and reduce political influence over the body There should be either no reappointments or limits to the number of terms, for instance the possibility of only one extension term, since the possibility of reappointment may alter the incentives and independence of commissioners Commissioners should not serve beyond their terms and there should be a specific rule obliging the government to appoint a new member within a reasonable time in case of vacancy Ensuring a full board of fixed-term commissioners helps maintain the competition authority‟s independence and functionality in decision-making Commissioners should have staggered terms so that there are always commissioners with experience sitting on the Board This would help retain experience and enhance consistency in decision making and legal certainty 3.3 Recommendations on enforcing competition laws to SOEs Vietnam has made a great deal of progress in its journey from a centrally planned, developing, socialist economy towards a rapidly industrializing market economy When the process started, almost all major enterprises were government owned These entities were major sources of revenue and political influence for the various ministries that controlled them and they received a broad range of benefits vis-à-vis commercial entrants For many years international agencies such the OECD pointed to how these, often dominant, favored entities dragged down Vietnam‟s full economic potential Successive waves of reforms have substantially reduced the size of the SOE sector, improved governance and reduced competitive distortions Indeed, one indicator of the country‟s resolve to make progress in relation to leveling the competitive playing field that competition specialists would observe is notable is that the best known competition law enforcement case was taken against a wellconnected SOE (a subsidiary of Vietnam Airlines) 74 Despite having made a great progress on addressing competition related issues concerning SOEs, much remains to be done Decisions have been taken to adopt most of the elements of an international best practice competitive neutrality framework that includes further privatizations, separation of the ownership and regulatory functions of the state and rules to prohibit favoritism Important work remains to be done to implement those SOEs reform decisions fully, effectively and on time Additionally, Vietnam would benefit from an enforcement mechanism for instances in which there are disputes on whether the principle of competitive neutrality has been properly implemented One area that is a particular priority with the current major round of planned privatizations is to ensure that the assets are sold in packages that promote competition in markets rather than perpetuating competition issues as the assets move into private hands This is an important “one off” opportunity because once the assets have been privatized any further intervention to restructure the businesses to achieve competitive improvements raises sovereign risk issues The competition authority or an economic policy agency such as the Central Institute for Economic Management could play a valuable part in providing guidance on future privatizations of other SOEs to ensure that anti-competitive legacy issues are not left behind in markets where SOEs held significant market power Therefore, OECD (2018) provides to Vietnam some recommendations as following: The work of implementing clear and comprehensive competitive neutrality framework should be pursued until it is fully and effectively implemented This includes implementing the recommendations of the OECD SOE Guidelines including: level playing field in the legal and regulatory framework for SOEs, separating state ownership function from other state functions, high standards of transparency and disclosure, high quality of accountability, separate accountancy for SOEs‟ economic and non-economic activities, monitoring and assessing of SOE‟s performance and their compliance with corporate governance standards 75 The legal provisions that provide that state owned businesses not (vis-à-vis privately owned entities) have preferential rights, for instance access to land or other resources available to the state; pay below commercial rates for access to capital nor be exempted from taxes and charges, should be put into full effect Each SOE should be constituted in the same way as a privately owned company or, if that is not possible, the corporate governance arrangements should mirror those of a privately owned company as closely as possible Vietnam should ensure that the decision that all the equity in all state owned enterprises should be transferred to the State Capital Investment Corporation (or other such body whose sole responsibility is to manage the government‟s investment in the business) is put into full effect That agency should to the maximum extent possible ensure that the businesses are structured and managed in a profit making, commercial manner When the government decides to sell assets in the industries where SOEs are dominant or are oligopolistic operators, advice should be sought from the competition authority (or another suitable independent body with competition law and policy know-how) about how to ensure that the relevant market after the sale is subject to the maximum competitive dynamic The opinion would include advice on the optimal structure for the sale – whether the entity should be sold as a single entity or as multiple entities, whether regulatory or other barriers to entry could be removed and whether any form of regulation may be required to deal with market power issues after the sale The competition authority should be adequately resourced to enable it to give thorough and considered advice on these issues Unless there are compelling public interest reasons to disregard the advice of the competition authority it should be followed If advice is not followed and the privatized or equitized entity has dominant or significant market power consideration should be given to introducing regulatory controls that address that market power This may include for example rules for provision of access to essential facilities on reasonable terms 76 3.4 Recommendations on resources and staff Resources The NCC should be endowed in practice with sufficient budgetary and human resources to be able to effectively enforce the competition provisions in the Competition Law This means there should be a significant increase in the budget that has previously been allocated to the VCCA and the VCC, both to properly perform functions that it already has adapted and in proportion to the allocation of the following new tasks: Conducting merger assessments using the competition test; Contributing to and advising on the design of the privatization program (as recommended above); and Undertaking competition assessments of existing and new legislation (as recommended above) Independence stemming from budget allocation should be reinforced to guarantee sufficient and stable resources One possible solution might be for the budget of the NCC to be determined by the National Assembly after hearing the Head of the NCC on its proposed budget This would enable the NCC to present its budget directly to the National Assembly rather than to a Ministry or to the government If the executive branch considered the NCC‟s request to be excessive, it would need to make that argument to National Assembly rather than cutting the NCC‟s request unilaterally This will also serve to enhance the NCC‟s stature Once the budget is approved, the NCC should have full autonomy regarding how it uses its budget Staff The NCC should be fully and adequately staffed in numbers and expertise and have autonomy to hire, including whom, when and under which employment and compensation conditions, including career progress, in the course of the management of its own budget The need to attract and retain appropriate staff with the legal and economic expertise to handle the cases and make reasoned 77 recommendations should be recognized The recruitment process should not face undue constraints such as civil service exams or compliance with civil service quotas A strong secretariat would result in efficiency and effectiveness The pay scales for NCC staff should reflect that (a) the work is highly specialized; and (b) the NCC competes with private sector law firms or other consultancies to retain quality staff Although a limited number of part-time commissioners to contribute particular expertise could be desirable, the majority of the commissioners should be full-time, have fixed terms and such terms should be lengthy enough to allow for skill build up and beyond the length of the duration of the legislature of the National Assembly to further insulate from the political process Internal checks and balances should be built into the functioning of the NCC, such as peer review panels, opinions from chief legal officers and economic officers or equivalent A handbook of compulsory internal procedures, including procedures for handling cases, could be very helpful This measure could enhance predictability, and result in fewer procedural errors It may also help reduce the effect of high staff turnover as there are clear procedures for all staff to follow 3.5 Other recommendations The first and urgent task is to quickly issue the guiding document defining the organizational structure, responsibilities and powers of NCC The law should require that the NCC publish guidelines illustrating how the authority will implement the provisions and the approach described should adhere to international merger administration standards The NCC should have the power to publish guidelines that may offer more legal certainty to the business community on how it applies the procedural and substantive provisions of the competition law These should be subject to public consultation and open to international commentary by being made available at that stage in the English language 78 The NCC should publish all its decisions, whilst protecting confidentiality and business secrets, as well as annual reports They should be mandatory and publicly available Arrangements should be put in place to: (i) harmonize the substantive requirements across the different laws that have competition provisions, (ii) „direct traffic‟ in relation to which agency is to undertake investigations and (iii) ensure that the leniency policy will provide immunity from competition law prohibitions in sectorial legislation Additionally, Vietnam could consider shifting all prohibitions against anticompetitive agreements, abuse of dominance and merger control to the competition agency and repeal competition law prohibitions in sector specific legislation Vietnam should move towards providing the competition authority with greater flexibility and autonomy in how it conducts investigations, what information it seeks and uses and how it conducts analysis in competition law enforcement matters There should promulgate another subordinate document providing additional investigatory and analytical autonomy to the competition authority The subordinate documents should be reviewed each five years with a view to further reducing prescription as a body of case precedent develops to provide guidance on the exercise of discretion To the extent that it is necessary to have a new decree of this sort, care should be taken to consult with all relevant stake-holders (the national competition authority, the business community, consumer organizations and the legal profession) to avoid the ambiguities that exist in the old decrees On the other hand, the competition authorities should establish a database of companies with domestic or international market power The authorities should update the market share and compliance history of these companies to analyze cross-border merger cases It is normally difficult for a competition authority to measure exactly the market share of a transnational corporation because of lack of data and information A mechanism that allows regional competition authorities to share data and information will help to more effectively control mergers and firms 79 that possess a dominant position The database of firms‟ compliance history will also serve to build up competition credit for firms doing business in more than one country (Thanh Phan Cong, 2015) Moreover, based on professional evaluations on Vietnam current capacity and assessments on enforcement of the Competition Law, the government may request for technical assistance from the Capacity–Building and Competition Implementation project that has undertaken by the International Competition Network - an informal network of 107 of the world‟s competition agencies with the common aim of addressing practical competition enforcement and policy issues (UNCTAD, 2011) Thus, Vietnam competition authority can discuss issues related to competition enforcement and policy with other national competition agencies and learn more experiences from this network The judicial review of competition law cases The courts have played their part in providing legal checks and balances in the review of competition law cases However, it does not appear that there has been much of a focus on how best the court could best contribute to competition law enforcement Further consideration is warranted concerning which courts should have jurisdiction, how best to train judges on specialist competition law concepts and how best to ensure that cases are adjudicated by the judges that received the relevant training The Vietnamese government should reconsider which courts are assigned the first instance appeal jurisdiction, noting that competition law is a technical and sometimes complex area of the law with a heavy economic component Whichever court is given jurisdiction to hear competition law appeals, the Vietnamese government should ensure that the judges most likely to hear the relevant cases have financial and other support to access specialized domestic and/or international training on how to apply these laws - such as the OECD's judge workshops 80 CONCLUSION During over ten years of the implementation, the Competition Law 2004 has revealed several shortcomings and drawbacks Therefore, the Competition Law 2018 has promulgated to address the new market situation and to overcome shortcomings and drawbacks of the old Law Amended regulations on anticompetitive agreements, on abuse of dominant position and monopoly position, on economic concentration and on unfair competition are more updated to new market situation and to current economic situation Especially, the significant market power factor that has been added helps competition authorities to determine the dominant market position more closely and accurately; and the addition and completion of criteria for determining economic concentration notification thresholds also help to control economic concentration more effectively and avoid wasting resources However, the enforcement of the new Law still remains several issues First of all, the Law has been entered into force on 1st of July, 2019 but its guiding document for implementation has recently been issued on March 24th 2020, and will take effect on May 15th, this late enactment causes many difficulties, affects the progress, quality of law enforcement as well as of solving related issues Issues arise at that time but there are no legal grounds and framework to apply Moreover, the contents of several provisions are not strict enough or cannot cover all cases Secondly, the competition enforcement agency – NCC, has not been officially established yet Competition-related cases are still managed by VCCA, under the direction of MoIT Issues raised here are the independence of NCC and qualification, neutrality of Chairman, Vice-Chairman and other members of NCC NCC is a body affiliated to the MoIT But the Ministry manages many businesses and grants support to many industries The Competition Law itself grants the MoIT with the decision-making powers regarding industrial policy exemptions These roles may at times be contradictory and therefore impede the fair and transparent enforcement of the Competition Law in those industries Besides, NCC members are only part-time members, it means they have a second employment in a ministry 81 and thus less time to devote to cases This situation may push them to significant conflicts of interest Thirdly, like many other countries, Vietnam faces lots of challenges in enforcing competition law to state-owned enterprises SOEs may enjoy advantages, benefit from privileges and immunities linked to their government ownership such as subsidies or tax breaks, softer budget constraints, preferential access to credit or access to information, exemptions from antitrust laws or regulatory regimes SOE itself is an anti-competitive existence Competition authorities face many difficulties in enforcing competition law to state-owned enterprises SOEs might have more effective means to obstruct legal proceedings because government ties can play a role, the government may have a financial interest in allowing the SOEs to act anti-competitively, and explicit or tacit pressure from the government during an investigation against a SOE can create additional obstacles for the agencies‟ enforcement Last but not least, lack of resources and qualified staffs also challenges authorities to enforce competition law Vietnam aims to develop a modern and integrated market economy with diversified ownership - which should operate fully and efficiently in accordance with the principles of market economy Such a market economy would require a well-funded and strong competition authority Based on these issues involved in enforcement of the Competition Law 2018, several recommendations have been provided such as amending, supplementing, replacing some inappropriate regulation contents; accelerating the establishment of NCC and adjust the mode of operation to make NCC operate effectively; and some other recommendations related to how to effectively enforce competition law to SOEs and how to resolve the shortage of resources and manpower Institutional improvement and law enforcement is a long and difficult process The new Competition Law has overcome many of limitations of the old Law but many deeper studies and assessments are needed to continue improving and effectively enforcing competition law 82 REFERENCES Articles Lu Lam Uyen, Application of law and jurisdiction of competition enforcement agencies, Journal of Asian Business and Economic Studies, No 287 (09/2014), p.106 – p.119; Nguyen Khanh Phuong, Vietnam regulations on anti-competitive agreements: Some inadequacies and recommendations for amendments, Journal of Asian Business and Economic Studies, No 286 (08/2014), p.36 – p.49; Materials ASEAN, Guidelines on developing core competencies in Competition Policy and Law for ASEAN, Jakarta, Indonesia, 2010; ASEAN, Regional Capacity Building Roadmap For Competition (2017-2020), 2017; Asia Development Bank, Competition Law Toolkit, 2007; David J Gerber, Global Competition: Law, Markets and Globalization, Oxford University Press, 2010; Eleanor M Fox, Competition Policy and Regional Integration in Developing Countries, Edward Elgar Publishing, UK, 2012; Massimo Motta, Competition Policy: Theory and Practice, Cambridge University Press, 2010; Mayer Brown, Vietnam Competition Law Series, Merger Control in Vietnam – Moving Towards A More Assertive Enforcement in 2019, 2018; 10 Nghia Tang Van, Giao trinh phap luat canh tranh (Textbook on Competition Law), Vietnam Education Publishing House, Foreign Trade University of Vietnam, 2013; 11 OECD, Competition law and state-owned enterprises, 2018; 12 OECD, Changes in Institutional design of Competition Authorities, by the Secretariat, 2015; 13 OECD, Glossary of Industrial organization economics and competition law; 1993; 83 14 OECD, New indicators of Competition law and policy in 2013 for OECD and NonOECD countries, OECD Economics Department working papers No 1104, 2013; 15 OECD, Peer Reviews of Competition Law and Policy in Vietnam, 2018; 16 Thanh Phan Cong, Competition Law Enforcement of Vietnam and the Necessity of a Transparent Regional Competition Policy, ERIA Discussion Paper Series, 2015; 17 Sandra Marco Colino, Competition Law of the EU and UK, Oxford University Press, 7th edition, 2011; 18 UNCTAD, Challenges in the design of a merger control regime for young and small competition authorities, note by the UNCTAD secretariat, Geneva, Switzerland, 2017; 19 UNCTAD, Effectiveness of capacity – building and technical assistance extended to young competition agencies, note by the UNCTAD secretariat, Geneva, 2011; 20 UNCTAD, Guidebook on competition system, 2007; 21 UNCTAD, Foundations of an effective competition agency, note by the UNCTAD secretariat, Geneva, 2011; 22 UNCTAD, The role of competition authorities and sectoral regulators: regional experiences, 2006; 23 VCA, Báo cáo rà soát quy định luật cạnh tranh Việt Nam (Report on Review of Regulations of Competition Law in Vietnam), 2013; 24 VCCA, Annual report, 2018; 25 VCCA, Annual report, 2019; 26 VCCA, Report on review of ten year implementation of Competition law, submitted to the National Assembly, 2017; 27 Vinh Le Danh (Editor), Giao trinh Luat Canh tranh (Textbook on Competition Law), National Law University in Ho Chi Minh city, 2010; 28 William E Kovacic and Mario Mariniello, Competition Agency Design in Globalised Markets, World Economic Forum, February, 2016 84 Websites 29 Chien Thang, Cơ quan cạnh tranh cần có tính độc lập (It is necessary to have independence for competition agency), see at http://www.qdnd.vn/chinhtri/tin-tuc-su-kien/co-quan-quan-ly-canh-tranh-can-co-tinh-doc-lap-517760, published on September, 2017; 30 Hong Phuong, Tổng hợp điểm Luật Cạnh tranh 2018 (Summary of new points of the Competition Law 2018), see at: https://thuvienphapluat.vn/tintuc/vn/thoi-su-phap-luat/chinh-sachmoi/20697/tong-hop-diem-moi-cua-luat-canh-tranh-2018; published on July, 2018; 31 Koushan Das, Vietnam‟s Competition Law and its Impact on Foreign Companies, see at https://www.vietnam-briefing.com/news/vietnam- competition-law-impact-foreign-companies.html/, published on July, 2019; 32 Phuong Nhung, Cần có quan độc lập cạnh tranh (It is necessary to have an independent competition agency), see at http://nld.com.vn/kinh-te/can-coco-quan-doc-lap-ve-canh-tranh-20171022205859445.htm, published on October, 2017; 33 Viet Anh, Băn khoăn mơ hình quan quản lý cạnh tranh (Considering on the model of competition agency), see http://baodauthau.vn/phap-luat/ban-khoan-ve-mo-hinh-cua-co-quan-canhtranh-51303.html, published on September, 2017; at ... some issues in enforcement Therefore, the research on ? ?Competition Law of Vietnam 2018 and issues involved in enforcement? ?? expects to provide detailed analysis on issues involved in enforcement and. .. Overview of Competition Law of Vietnam Chapter 2: Issues involved in enforcement of Competition Law of Vietnam 2018 Chapter 3: Recommendations for Vietnam to effectively enforce Competition Law 2018. .. INVOLVED IN ENFORCEMENT OF COMPETITION LAW OF VIETNAM 2018 2.1 Contributions of the Competition Law 2018 The Competition Law 2018 was issued as a result in a process of reviewing, researching, summarizing
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