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

Do we need a competition policy? Effective competition policy and law is important in shaping business culture; 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; 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. 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? In most of the countries, competition policy and law aim at promoting competition by discouraging anticompetitive behaviours; 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 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. For consumer, this leads to lower prices, wider choice and improved services.

Do we need a competition policy? Country experiences do not reveal any uniform pattern. Country experiences do not reveal any uniform pattern. Some countries have formal competition law, some do not. Some countries have formal competition law, some do not. Most countries do not have a written/formal competition policy. The case of Australia 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. 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 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? There are good reasons for having a competition law to provide legal backing to any existing competition policy 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 The case of Singapore, Hong Kong and Malaysia

How can the national competition policy be formulated? Keeping in mind the national context; Keeping in mind the national context; Management of resource constraints; Management of resource constraints; Provisions for exceptions and exemptions? Provisions for exceptions and exemptions? How to deal with public sector enterprises? How to deal with public sector enterprises? Role of consumer organisations; Role of consumer organisations; International dimensions. International dimensions.

How can the national competition policy be formulated? Four critical factors to be born in mind: Political will; Political will; Expertise; Expertise; Efficiency; Efficiency; Resources. Resources.

How can the national competition policy be formulated? Role of the government; Role of the government; Role of political party; Role of political party; Role of international organisations; Role of international organisations; Role of consumer associations; Role of consumer associations; Role of media Role of media

The role of the media in competition issues Will there be any demand from the public to know about competition issues from the media? 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? 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? Do journalists require any capacity for building support to cover news items related to competition issues? Are competition issues really that serious? Are competition issues really that serious? Are these issues serious enough to draw the attention of the media? Why? Why not? 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. The role of investigative journalism in making competition issues interesting and meaningful new stories.

How to make competition policy and law effective? Consistency with other policies  Competition Audit Consistency with other policies  Competition Audit Effective leadership Effective leadership Political support Political support An active media and consumer movement An active media and consumer movement