Edited by Steven Van Uytsel, Shuya Hayashi and John O. Haley
Chapter 8: Vietnams competition law adoption: from passive to active
Vietnam revised its Law on Competition (VCL) in 2018 after 12 years of enforcement of its former VCL from 2004. The VCL 2018 was passed on 12 June 2018 and took effect as of 1 July 2019. The Vietnam Competition Administration Department, under the Ministry of Trade and Industry, one of the then two enforcers, took the lead in the VCL 2018 drafting process. Competition law in Vietnam has to a large extent been constructed by legal transplantation. The VCL 2018 heavily relied on the competition law of more developed jurisdictions, especially the EU, Australia and China. Whereas the EU stood as the model for most of the law, the provisions on unfair competitive practices were based on Australia’s Competition and Consumer Act 2010 and the provisions on administrative monopoly were inspired by China’s Unfair Competition Act 1993 and Anti-Monopoly Law 2007. Vietnam has incorporated elements specific to its political and economic situation, its legal thinking and, perhaps, its lack of expertise in competition law and economics.
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