When participating in economic relations, the occurrence of disputes and conflicts between individuals and organizations is inevitable. In the dispute, all parties want to find the solution to resolve the dispute to best ensure their rights and affect the relationship between the parties is the lowest, so as to achieve efficiency but less costly time and money. Therefore, the choice of dispute resolution method is extremely important. In fact, the most commonly used methods of dispute resolution include negotiation, mediation, arbitration, and court.

Competition Lawyers in Vietnam

Negotiation is the first method of settlement in the dispute resolution process, which is reflected in the fact that the parties in the dispute actively meet, discuss and agree on each party's rights and obligations.

The law on dispute resolution does not require the parties to negotiate. Therefore, from the process of organization, implementation, the presence of the parties, the rights and obligations of the entities, the negotiation results are not subject to the adjustment of legal regulations. It all depends on the goodwill of the parties. In case an agreement is reached in the negotiation meeting, and then one of the parties fails to comply, the parties cannot request the competent state agency to carry out the enforcement.

The mode of negotiation is usually prioritized by the parties when the dispute occurs, because this method is adjust by the law and not restricted by strict regulations on the process of negotiation, participants, time, as well as inexpensive money. Due to the self-settlement with each other, disputes should not be greatly enlarged, without affecting the reputation of the parties. Also because there is no regulation of the law, there is no enforcement on the bargaining results.

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Foreign brands are increasingly popular in the Vietnam market as Vietnam economy integrates into world economy.The openings of economy creates opportunities to attract foreign investment into Vietnam through establishment of companies. To continue to protect the fair competition, and interest of consumer, it is important that the Vietnam state authority ensures the business environment. Accordingly, violations related to competition will be handled in accordance with the law.

Acts of violation of competition under Vietnam laws are defined in Article 1 of Decree 71/2014 / ND-CP, including: violations of regulations on control of acts of restraint of competition; acts of violating regulations on acts of unfair competition; violations of other provisions of law on competition. According to the provisions of law, the above acts shall be subject to the forms of punishment and fine. The most common and most powerful impact on businesses and consumers are the violation of unfair competition.

In practice, there are a number of instances where unfair competition acts are associated with intellectual property rights violations, which have a significant impact on business activities of enterprises in the same field; violation of business secrets; activities of advertising that are prohibited i.e. make direct comparison against competitor, provide falsified or confused information to consumers…

If committed acts of unfair competition, the violator will be subject to fine level from VND 10,000,000 to VND 140,000,000. At the same time, additional measures and remedies will be applied, depending on the seriousness of the breach, such as the revocation of the enterprise registration certificate; deprivation of the right to use licenses or practice certificates; confiscation of material evidences and means used to commit the violation, including the confiscation of profits earned from the commission of the violation; to restructure the enterprise, rectify to the public…

From the management of state authority, the detection and handling of unfair competition acts create conditions for enterprises to have equal opportunities in the market economy. From the enterprise’s perspective, it is important to continuously review its business activities in Vietnam to ensure compliance to competition law by its lawyers.

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