Issues Related to Competition Laws

Vietnam

The Law No No. 41/2009/QH12 on Telecommunications dated November 23, 2009 provides specific provisions on competiton issues, particularly:

Article 4. State policies on telecommunications

2. Assuring an environment of fair competition in telecommunications activities;

Article 9. Regulates the responsibilities for state management of telecommunications

d/ To actively coordinate with the Ministry of Industry and Trade in managing competition in activities of building the telecommunications infrastructure and providing telecommunications services under the law on competition;

Article 17. Ownership in the provision of telecommunications services

2. The Government shall specify the maximum equity or share level which an organization or individual is allowed to hold in two or more other telecommunications businesses which all conduct business in the same telecommunications service market in order to assure fair competition.

Article 19. Competition in the provision of telecommunications services

1. Telecommunications businesses may not take acts of competition suppression or unfair competition as specified in the Law on Competition.

2. Apart from Clause I of this Article, telecommunications businesses or groups of telecommunications businesses that dominate the market and telecommunications businesses that possess essential devices shall refrain from taking the following acts:
a/ Clearing telecommunications services among them for the unfair competition purpose:
c/ Using information obtained from other telecommunications businesses for the unfair competition purpose;

4. In each period, the Ministry of Information and Communications shall promulgate a list of telecommunications businesses and groups of telecommunications businesses that dominate the market in important telecommunications services subject to competition management by the State, and a list of telecommunications businesses that possess essential devices; and devise and apply management measures to promote competition and assure fair competition in the provision of telecommunications services.

5. Before embarking on the economic concentration, telecommunications businesses that have combined market share of 30-50% on the relevant service market shall notify it to the specialized management agency in charge of telecommunications.

7. The Ministry of Information and Communications shall assume the prime responsibility and coordinate with the Ministry of Industry and Trade shall specify the implementation of Clauses 1. 5 of this Article.