Towards Having an Effective Competition Policy & Law in Vietnam Alice Pham

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Towards Having an
Effective Competition
Policy & Law in Vietnam
Alice Pham
CUTS International
Do we need a competition policy?
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Effective competition policy and law is important
in shaping business culture;
Governmental measures that directly affect the
behaviour of enterprises and the structure of
industries constitute competition policy;
Competition law is a piece of legislative
enactment to regulate the market place, which
can be enforced in a court of law, or by a
regulatory authority.
Do we need a competition policy?
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In most of the countries, competition
policy and law aim at promoting
competition by discouraging
anticompetitive behaviours;
For a business, such a policy and law
means fairness as it acts against
anticompetitive practices;
For consumer, this leads to lower prices,
wider choice and improved services.
Do we need a competition policy?
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Country experiences do not reveal any uniform pattern.
Some countries have formal competition law, some do
not.
Most countries do not have a written/formal competition
policy. The case of Australia
However, countries experiences also suggest that even
‘informal’ but effective competition policy and law can be
useful.
In Vietnam, therefore, it is important to identifies the
policies and to formulate laws which can ensure
competition, and be effective, whether formal or
informal.  Vietnam case: The Competition Law 2004 of
Vietnam is a significant beginning
Competition Policy without
Competition Law?
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There are good reasons for having a
competition law to provide legal backing
to any existing competition policy
The case of Singapore, Hong Kong and
Malaysia
How can the national competition
policy be formulated?
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Keeping in mind the national context;
Management of resource constraints;
Provisions for exceptions and exemptions?
How to deal with public sector
enterprises?
Role of consumer organisations;
International dimensions.
How can the national competition
policy be formulated?
Four critical factors to be born in mind:
 Political will;
 Expertise;
 Efficiency;
 Resources.
How can the national competition
policy be formulated?
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Role
Role
Role
Role
Role
of
of
of
of
of
the government;
political party;
international organisations;
consumer associations;
media
The role of the media in
competition issues
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Will there be any demand from the public to
know about competition issues from the media?
How media and particularly the newspapers can
help in protecting consumers’ rights?
Do journalists require any capacity for building
support to cover news items related to
competition issues?
Are competition issues really that serious?
Are these issues serious enough to draw the
attention of the media? Why? Why not?
The role of investigative journalism in making
competition issues interesting and meaningful
new stories.
How to make competition policy
and law effective?
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Consistency with other policies 
Competition Audit
Effective leadership
Political support
An active media and consumer movement
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