Competition Law and Policy in Viet Nam
Publication date: 30 May 2018
Viet Nam's competition law and policy underwent a peer review during the OECD Global Forum on Competition on 8 December 2017. This report is the result of this exercise and provides Viet Nam with a roadmap to help align its competition law and policy with international standards and best practices.
As part of an on-going reform process, the Vietnamese government has been preparing an over-arching competition policy reform including the role of the state-owned sector, anticompetitive regulations and the reform of the competition law. This report was prepared in this context and aims to analyse the status of competition policy in the areas of competitive neutrality (given the large role of state-owned enterprises) as well as the competition law and institutions in general. It reviews not only the 2004 Competition Law but also a draft law made available to the OECD in the second semester of 2017 (which was since then adopted and should enter into force in July 2019).
The OECD's recommendations included the need to address the institutional reform, increased resources and independence, more investigative tools and powers, an improved competition law framework that is more reflective of economics and effects-based, a competitive neutrality framework, as well as a competition assessment framework.
Table of contents
1. Introduction and foundations
2. State-owed entities
3. Regulations affecting competition
4. The current restrictive competition law framework
5. The current unfair competition law framework
6. Proposed new competition law
7. Institutional reform: enforcement structures
8. Conclusion and recommendations
WHAT ARE PEER REVIEWS?
“Peer reviews” are a core element of the OECD work. The mechanisms of peer reviews vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other peers.
The process provides valuable insights into the country under study, getting to the heart of ways in which each country deals with competition and regulatory issues, from the soundness of its competition laws to the structure and effectiveness of its competition institutions.
Moreover, these reviews incorporate recommendations for changes in government policy.
GLOBAL FORUM ON COMPETITION
Since 2003, the OECD have conducted on a series of reviews of competition policy and law in several countries around the globe. Most of these reviews are performed during the Global Forum on Competition which is held every year at the OECD Headquarters in Paris.
OECD-KOREA COMPETITION CENTRE
Viet Nam is one of the 26 beneficiary countries of the OECD/Korea Policy Centre, Competition Programme.
Opened in May 2004, this regional centre works with competition authorities in the Asia-Pacific region to develop and implement effective competition law and policy.
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