According to Article 33 of the Competition Law, The enterprises engaging in economic concentration must file a dossier of economic concentration notification (hereinafter referred to as notification dossier) to the National Competition Commission as prescribed in Article 34 of the Competition Law before initiating economic concentration if they reach the notification threshold.
The notification threshold shall be determined based on one of the following criteria:
- a) Total assets of the enterprises engaging in the economic concentration on the Vietnamese market;
- b) Total turnover of enterprises engaging in the economic concentration on the Vietnamese market;
- c) The transaction value of the economic concentration;
- d) Combined market share of enterprises engaging in the economic concentration on the relevant market.
Specifically, Article 13 of Decree 35/2020 specifically stipulates as follows:
- a) Total asset available in the Vietnamese market of a company or a group of affiliated companies of which the company is an affiliate must be worth VND 3,000 billion or more in the fiscal year preceding the planned year of economic concentration;
- b) Total sales or purchase volume arising in the Vietnamese market of a company or a group of affiliated companies of which the company is an affiliate must be worth VND 3,000 billion or more in the fiscal year preceding the planned year of economic concentration;
- c) Value of all economic concentration transactions must be worth at least VND 1,000 billion;
- d) The joint market share of enterprises intending to participate in the economic concentration program must account for at least 20% of total share of the relevant market in the fiscal year preceding the planned year of economic concentration.
Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com
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