VIETNAM Law and Practice Contributed by: Ngoc Luong Trinh, Tung Nguyen, Hanh Vo, Esko Cate, Nguyen Dang, Khanh Le, Hoang Nguyen and Truc Ta, VILAF
domestic industries from unfair trade practices and serious injury caused by increased imports.
suant to the Government’s Resolution No 66.18/2026/ NQ-CP. Prior to 1 July 2026, the thresholds at limbs (a) and (b) were VND3,000 billion (approximately USD115 million) and the threshold at limb (c) was VND1,000
6. Competition Law 6.1 Merger Control Notification
billion (approximately USD38 million). 6.2 Merger Control Procedure
Pre-Notification Assessment and Notification Filing The merger control process in Vietnam begins with an assessment of whether the proposed transaction constitutes an economic concentration and whether any of the statutory notification thresholds are met. If a notification is required, the parties must file with the NCC before proceeding with the transaction. Preliminary Review Upon receipt of a complete and valid filing, the NCC conducts a preliminary review that is statutorily required to take 30 days. During this stage, the NCC assesses whether the transaction raises competi - tion concerns. If no such concerns are identified, the Where the NCC determines that the transaction may have anti-competitive effects by exceeding certain cri - teria as prescribed by law, it will proceed to an official review. This review may take up to 90 days and may be extended by a further 60 days in complex cases. Issuance of Decision transaction may be cleared. Official Review (If Required) At the conclusion of its review, the NCC may approve the transaction, approve it subject to conditions or prohibit it if it is likely to substantially restrict competi - tion in the Vietnamese market. The transaction may only be implemented after obtaining the necessary clearance from the NCC. 6.3 Cartels The Competition Law regulates agreements between parties in any form that cause or are capable of caus - ing competition-restricting effects. The law distin - guishes between horizontal agreements entered into by competitors and vertical agreements entered into by enterprises operating at different levels of the pro - duction, distribution or supply chain.
Under the Vietnamese Law on Competition 2018 (“Competition Law”), the merger control regime applies to transactions which qualify as “ economic concentration ”, including: • mergers; • consolidations; • acquisitions resulting in control or dominance over An economic concentration is generally subject to a merger control filing if any of the following thresholds is reached: • (a) the total value of assets in the market of Vietnam of a participating enterprise or group of affiliated enterprises of which the participat - ing enterprise is a member is VND6,000 billion (approximately USD230 million) or more during the financial year immediately preceding the year of the proposed economic concentration; • (b) the total sales or purchases in the market of Vietnam of the participating enterprise or group of affiliated enterprises of which the participating enterprise is a member reach VND6,000 billion (approximately USD230 million) or more during the financial year immediately preceding the year of the proposed economic concentration; another enterprise; • joint ventures; and • other forms as prescribed by laws. • (c) the transaction value of the economic concen - tration is VND2,000 billion (approximately USD76 million) or more (not applicable to a transaction conducted outside Vietnam); and • (d) the combined market share of the participating enterprises is 20% or more in the relevant market during the financial year immediately preceding the year of the proposed economic concentration. The thresholds at limbs (a), (b) and (c) are effective for the period from 1 July 2026 to 28 February 2027 pur -
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