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In Vietnam, the assessment of transactions follows the framework established

Vietnam | March 06, 2025 | M&A Assessment Process

In Vietnam, the assessment of transactions follows the framework established by the Competition Law 2018 and related regulations, particularly Decree No. 35/2020/ND-CP, which provides guidelines on economic concentration control.

Assessment process is in 2 stages:

  1. Preliminary assessment: Preliminary assessment (within 30 days) is to determine whether an economic concentration raises competition concerns. After reviewing the transaction, the VCC may issue one of the following decisions: Economic concentration to be performed; or Economic concentration to be officially reviewed.
  2. Official assessment: Official assessment (within 90 days, extendable but not exceeding 60 days) is to assess consolidated assessment of anti-competitive effects and positive effects of economic concentration forming the basis for consideration of economic concentration. After reviewing the transaction, the VCC may issue one of the following decisions: Approved; Approved but subject to conditions; or Prohibited.

For the Preliminary Assessment, the VCC considers the following:

  1. Combined market share of enterprises engaging in the economic concentration on the relevant market;
  2. The degree of concentration on the relevant market before and after the economic concentration;
  3. The relationship of the parties engaging in the economic concentration in the production, distribution or supply chain for a certain kind of goods/service or the business lines of the parties engaging in the economic concentration which are inputs of or complementary to one another;

For the Official assessment, the VCC considers:
a. Substantial anti-competitive effects caused or probably caused by the transaction and remedial measures for anti-competitive effects.
b. Positive effects of the transaction and measures to enhance the positive effects of economic concentration;
c. Consolidated assessment of anti-competitive effects and positive effects of the transaction forming the basis for consideration of the transaction.