Updating regulations to reflect legal changes

In line with the 2025 Government working program, the Ministry of Industry and Trade (MoIT) has drafted a decree amending and supplementing several provisions of Decree No.75/2019/NĐ-CP on administrative penalties in the field of competition. The move also implements Government Resolution No.138/NQ-CP on private sector development and Resolution No.139/NQ-CP on carrying out Resolution No.198/2025/QH15 of the National Assembly.

The 2018 Competition Law introduced major changes compared to the 2004 law, including expanded jurisdiction over anti-competitive practices and economic concentration with effects on the Vietnamese market, even if conducted abroad; the inclusion of both domestic and foreign entities as subjects to regulation; and additional prohibitions on state agencies. It also refined rules on restrictive agreements, introduced a leniency policy, reformed the approach to economic concentration control, and updated rules on unfair competition.

Based on these changes, Decree No.75/2019/NĐ-CP provided a legal framework for sanctioning administrative violations in competition. However, after five years of enforcement, shortcomings have emerged, prompting the need for revision. Two out of the four legal bases for the decree have since been amended or replaced, and related legal documents have also undergone updates.

Addressing limitations and shortcomings

The draft aims to promptly update regulations, ensure comprehensiveness and consistency, and address gaps revealed during implementation. It also reflects the Government’s directive to strictly handle abuses of dominant and monopoly positions, unfair competition, and to strengthen the effectiveness of the National Competition Commission.

The draft introduces practical, applicable regulations to timely adjust emerging social relations in the area of competition-related administrative penalties. The adjustments are guided by the Government’s directive to “strictly handle abuses of dominant or monopoly positions and unfair competition, enhance the effectiveness of the National Competition Commission, strictly sanction competition law violations especially privileged and monopolistic practices and apply fair, equal, and transparent enforcement mechanisms across all economic sectors.”

The drafting approach ensures consistency with the Party’s guidelines and policies, the Constitution, State policies and laws on competition, as well as Vietnam’s commitments and international treaties. It also aligns with the Competition Law, Penal Code, Law on Handling Administrative Violations, and other relevant legal instruments.

At the same time, the draft maintains suitable provisions of Decree No.75/2019/NĐ-CP while supplementing and adjusting regulations to fit current realities. It reflects the principle of strict and thorough handling of violations in competition, effectively safeguarding the legitimate rights and interests of enterprises and consumers, contributing to market stability, socio-economic development, and the goals of industrialization and modernization.

MoIT emphasized that the amendments must be practical, feasible, and facilitate law enforcement, while raising compliance awareness and building business and consumer confidence. They should also improve coordination among authorities, avoid regulatory overlaps, and prevent legal loopholes in competition enforcement.

The ministry confirmed it is currently collecting public feedback to finalize the draft decree before submitting it to the Government for consideration.