On March 31, 2026, the Government officially issued Decree No. 102/2026/ND-CP (“Decree 102”), amending and supplementing a number of articles of Decree No. 75/2019/ND-CP on administrative sanctions in the field of competition (“Decree 75”). Previously, ATA Legal Services had published an update and assessment of the key highlights of the Draft amendment to Decree 75/2019/ND-CP (“Draft”), available at: https://ata-legal.com/sua-doi-nghi-dinh-75-2019-nd-cp-ve-xu-phat-vi-pham-trong-linh-vuc-canh-tranh-gioi-han-muc-phat-tien-den-2-ty-dong-doi-voi-hanh-vi-khong-thong-bao-tap-trung-kinh-te.
In general, Decree 102 largely retains the policy orientation of the Draft with the following main contents:
- Specifies a maximum fine of up to VND 2 billion for failure to notify economic concentration (EC) or implementing EC without approval;
- Increases the fine range for prohibited EC activities;
- Clarifies the method for determining fines in cases involving mitigating or aggravating circumstances;
- Strengthens penalties and introduces additional sanctions for violations of obligations to provide information and documents during competition procedures.
However, compared to the Draft, Decree 102 includes several adjustments that businesses should note as follows:
1. Adjustment to reduce the fine range for violations relating to EC or anti-competitive practices where turnover in the relevant market is zero or the relevant market cannot be determined
Under the Draft, this fine range was amended to increase to VND 400 million – 6 billion. This range would apply to the following cases:
(i) The total turnover of the violating enterprise in the relevant market in the fiscal year preceding the year of violation is determined to be zero;
(ii) Enterprises participating in EC that commit violations are not operating in the same relevant market; do not operate at different stages in the same production, distribution, or supply chain for a specific type of goods or services; and do not have business lines that serve as inputs for or complement each other.
However, Decree 102 officially sets the fine at VND 100 million – 200 million for these violations. Compared to Decree 75 (which provides the same range where turnover is zero), Decree 102 maintains the previous approach instead of expanding the penalty range as proposed in the Draft. This indicates a more balanced policy between deterrence and practical enforceability.
2. Removal of certain additional sanctions for specific violations
- For prohibited mergers or prohibited joint ventures: abolishes the sanction of revoking the enterprise registration certificate issued to the merged or joint venture entity;
- For acts of disrupting another enterprise’s business operations: abolishes the sanction of suspension or revocation of licenses or practicing certificates, or suspension of operations from 6 to 12 months from the effective date of the decision.
3. Continued application of additional sanctions for certain unfair competition practices
Decree 102 retains the sanction of confiscating profits gained from violations for acts such as: misappropriation of trade secrets; coercion in business; providing false information about other enterprises; disrupting another enterprise’s business operations; and unlawful customer solicitation.
Previously, the Draft proposed removing additional sanctions for these acts.
4. Supplementation of provisions on payment of fines
Decree 102 clearly provides forms of fine payment, including:
- Cash payment directly at the State Treasury or at commercial banks where the State Treasury holds accounts as specified in the decision;
- Bank transfer to the State Treasury account specified in the decision via the National Public Service Portal or through electronic payment services of banks or intermediary payment service providers.
This is a new provision not mentioned in the Draft, reflecting the trend of digitalizing administrative procedures and enhancing convenience and transparency.
5. Supplementation of mechanisms for handling administrative violations in the electronic environment
A new feature of Decree 102 is the introduction of provisions on handling administrative violations electronically. The sending and receipt of sanctioning decisions via electronic means shall comply with Decree No. 118/2021/ND-CP (as amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP). This aligns with the general legal framework on electronic administrative sanctioning, helping to shorten processing time and improve enforcement efficiency.
Decree 102 marks an important step in improving the legal framework on administrative sanctions in the competition sector, enhancing enforcement effectiveness while ensuring practical applicability. In this context, businesses should promptly update, review, and ensure compliance to mitigate potential risks.
Decree 102 takes effect from May 20, 2026.
From May 20, 2026, violations of competition law shall be handled as follows:
- Decree 102 applies to violations that occurred and ended before May 20, 2026 but are investigated or handled after its effective date;
- Decree 102 applies to violations that occurred before May 20, 2026 but are still ongoing when it takes effect;
- Decree 75 applies to decisions issued before May 20, 2026 where the sanctioned organizations or individuals are still filing complaints.
Comment: