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Investigate the reasonable way of introducing the competition concept into Vietnamese law

Nguyen, Anh Tuan (2004)
Department of Law
Abstract
As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many countries that function in a market economy. Acknowledging the importance of competition law in the economic development, Vietnam is constructing a draft of competition law, which is expected to create legal corridor for entrepreneurs to equally and fairly compete in the market. Contributing a competition law is essential but not simple, since the... (More)
As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many countries that function in a market economy. Acknowledging the importance of competition law in the economic development, Vietnam is constructing a draft of competition law, which is expected to create legal corridor for entrepreneurs to equally and fairly compete in the market. Contributing a competition law is essential but not simple, since the competition law is different from other forms of law and Vietnam does not have legislative experiences in the field. Therefore, investigating practical experiences from other countries that have long history of constructing competition law is necessary and imperative for contributing an effective law in Vietnam. From the practical requirement, the aim of this thesis is to investigate the reasonable way to introduce competition concepts into Vietnamese law. The introduction of modern competition concepts into Vietnamese legal system has to base on its own specific political, socio-economic conditions as well as legislation tradition. Consequently, the task of the thesis is to solve question how we should introduce the modern concept of competition law into Vietnamese law to avoid negative effects of asymmetry between the law and economic situation meanwhile warrant the correspondence with modern competition law. Chapter 1 contains some general remarks together with comments on the scope, purpose and methodology of this thesis. Chapter 2 describes the economic rationales of the Competition law and its main functions in regulating the market economy. Chapter 3 compares the step by step development of the competition concepts in the U.S. and the EC to find out the differences and similarities of the concept of competition laws in two systems. Chapter 4 outlines an overview of the current Vietnamese market economy and legal regulations of competition activities. The section also mentions the debate on constructing competition law in Vietnam and the draft of competition law. And section 5 seeks reasonable answers to questions related to structure of proposal competition law Vietnam. (Less)
Please use this url to cite or link to this publication:
author
Nguyen, Anh Tuan
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
European Affairs
language
English
id
1554811
date added to LUP
2010-03-08 15:22:38
date last changed
2010-03-08 15:22:38
@misc{1554811,
  abstract     = {{As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many countries that function in a market economy. Acknowledging the importance of competition law in the economic development, Vietnam is constructing a draft of competition law, which is expected to create legal corridor for entrepreneurs to equally and fairly compete in the market. Contributing a competition law is essential but not simple, since the competition law is different from other forms of law and Vietnam does not have legislative experiences in the field. Therefore, investigating practical experiences from other countries that have long history of constructing competition law is necessary and imperative for contributing an effective law in Vietnam. From the practical requirement, the aim of this thesis is to investigate the reasonable way to introduce competition concepts into Vietnamese law. The introduction of modern competition concepts into Vietnamese legal system has to base on its own specific political, socio-economic conditions as well as legislation tradition. Consequently, the task of the thesis is to solve question how we should introduce the modern concept of competition law into Vietnamese law to avoid negative effects of asymmetry between the law and economic situation meanwhile warrant the correspondence with modern competition law. Chapter 1 contains some general remarks together with comments on the scope, purpose and methodology of this thesis. Chapter 2 describes the economic rationales of the Competition law and its main functions in regulating the market economy. Chapter 3 compares the step by step development of the competition concepts in the U.S. and the EC to find out the differences and similarities of the concept of competition laws in two systems. Chapter 4 outlines an overview of the current Vietnamese market economy and legal regulations of competition activities. The section also mentions the debate on constructing competition law in Vietnam and the draft of competition law. And section 5 seeks reasonable answers to questions related to structure of proposal competition law Vietnam.}},
  author       = {{Nguyen, Anh Tuan}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Investigate the reasonable way of introducing the competition concept into Vietnamese law}},
  year         = {{2004}},
}