Issues Related to Competition Laws

Vietnam

C. Commerce Law

(i) Article 8 (Competition in Commerce) of the Commercial Law adopted by the National Assembly on 10 May, 1997 states that merchants are allowed to compete fairly and legally in commercial activities and that acts harming the national interests and the following acts shall be prohibited:

- speculating for the purpose of disrupting the markets;

- selling at dumping price for competing purposes;

- disparaging, soliciting, buying off and/or threatening the staff or customers of other merchants;

- infringing upon the trade mark rights and other rights relating to Industrial Property; and

- other acts of illegal competition.

(ii) Article 185 (Prohibited Sales Promotion Activities) of the Commercial Law specifies prohibited sales promotion activities such as sale promotion that are not truthful or are misleading about the goods or services in order to deceive customers.

(iii) Article 192 (Prohibited Commercial Advertisements) of the Commercial Law prohibits the commercial advertisements which are harmful to the interests of the State, individuals and other merchants; prohibits using the method of comparing one's goods and services with those of the same kind of an other merchant or imitating advertising products of other merchant, causing confusion to customers and causing damages to other merchant.