Circumstances considered as mitigating and aggravating when imposing penalties for violations against regulations on competition in Vietnam

According to Article 5 of the Decree No. 75/2019/NĐ-CP of Vietnam’s Government, mitigating and aggravating circumstances shall be taken into account when imposing penalties for violations against regulations on competition include:

1. The following mitigating circumstances shall be taken into account when imposing penalties for violations against regulations on competition:

- The violating entity has prevented or reduced the harm caused by the violation or voluntarily implements remedial measures or makes compensation for damage;

- The violating entity has voluntarily made declarations and expresses contrition; has arduously assisted competent authorities in discovery and actions against the violation;

- The violation is committed because the violating entity has been coerced or dependent on others;

- The violating entity commits the violation for the first time.

2. The following aggravating circumstances shall be taken into account when imposing penalties for violations against regulations on competition:

- There is an organized violation;

- The violation has been committed for more than once or repeated;

- The violating entity takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the violation;

- The violating entity continues performing acts of violation although it/he/she has been requested by the Chairperson of the National Competition Committee, the competition case-handling council or another competent authority to stop performing such acts of violation;

- The violating entity has deliberately concealed the violation;

- The violation involves a large amount or high value of goods.

Note: Factors which have been considered for offering leniency for the penalty shall not be considered as mitigating factors.

View more details at the Decree No. 75/2019/NĐ-CP of Vietnam’s Government, effective from December 01, 2019.

Thuy Tram

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