Tóm tắt Luận án Antimonopoly in the socialist oriented market economy of our country today

INTRODUCTION 1. Overview of the research The topic "Antimonopoly in the socialist oriented market economy of our country today" has been long cherished by the fellow. The structure of the thesis consists of an introduction, overview of research issues, three chapters, 8 periods, appendix, list of scientific works of the author, list of references. The main part of the thesis focuses on three chapters with 148 page volume presenting the fundamental problems that the fellow chooses to study, to answer the core questions which the fellow himself poses and needs to address, such as: anti-monopoly in the socialist-oriented market economy in our country today then who is going to fight? What to fight? And how to fight? 2. Reasons for choosing the thesis topic Monopoly or market control is the dream of most businesses to survive and grow without facing competition. In fact, the formation of monopolies in the market very easily leads to the situation that these enterprises will abuse that position to obtain high monopoly profits, negatively affecting the economy, society and consumers as well. When having a monopoly position, enterprises entirely are possible to manipulate the market according to their market power. Recognizing the negative impacts of monopoly, the Party advocated to "narrow the fields that the State now has trading monopolies, eliminate monopoly", and "improve the mechanism, policy for the State enterprises to actually operate in a competitive, open, transparent environment, improve efficiency. Eliminate monopoly and exclusive business and production of state-owned enterprises". However, monopoly situation still exists with many complicated happenings. Meanwhile, antimonopoly activitiy still reveals many limitations, yet high performance, discrimination between businesses still exists; action against unreasonable price fixing is ineffective, the phenomenon of rising prices, protecting the interests of the State have been violated and exploited to serve a group of people, people are not entitled to all the benefits that society has created, which has influenced significantly on the economic and social activity of our country. Besides, with the market opening process through the signing and joining of bilateral and multilateral trade agreements, there have been multinational companies operating in Vietnam. With there economic strength, these companies have the ability to create a monopoly position to carry out their market power. The status of eliminating rivals to usurp the market, establish monopoly position will occur. In this context, Vietnam enterprises with limited potential are vulnerable, or manipulated to become subsidiaries, satellite companies for such corporations. The above raises the suspicion surrounding antimonopoly now in our country today. Under theoretical perspective, this is a complex issue, relevant to and affecting many areas so it has attracted the attention of social research in different perspectives, scopes and achieved certain performance. The requirement is to further clarify theoretically and practically those above issues, from that, propose points of view and appropriate solutions in antimonopoly to meet the requirements of building a stable and developed economy. With this meaning, the author selected the topic: "Antimonopoly in the socialist oriented market economy of our country today" as a doctoral thesis on economics. 3. Research purpose and tasks * Purpose: To clarify the theoretical and practical foundations of antimonopoly in the socialist oriented market economy. Assess the actual situation of antimonopoly in our country. Then propose basic solutions for antimonopoly in the socialist oriented market economy of our country in the coming time. * Task: - On the basis systemizing common problems of monopoly, enterprise monopoly, the thesis focuses on the construction of the central concepts and content of antimonopoly in the socialist oriented market economy. Survey experience of other countries in antimonopoly, and then draw some lessons for Vietnam. - Assess the situation of antimonopoly in our country today, with pointing out the achievements, constraints and causes of antimonopoly, and issues rose in the anti-monopoly of our economy. - Propose fundamental perspectives and main solutions on antimonopoly in the socialist oriented market economy. 4. Research object and scope - Research objects: The thesis does not study antimonopoly in general but mainly focuses on the study of antimonopoly in the socialist oriented market economy. - Research scope: Research space is identified as the socialist oriented market economy in Vietnam; time of survey research is from 2005 to present; in terms of content: focus on the basic issues of antimonopoly in the socialist oriented market economy in Vietnam today. 5. New contributions of the thesis The thesis contributes to clarify the theoretical and practical issues of antimonopoly in the socialist oriented market economy, which focuses on building concepts and content of antimonopoly in the socialist oriented market economy. Assess the true state of antimonopoly, clarify the achievements and limitations, and point out the cause and the questions of antimonopoly in the socialist oriented market economy of our country today. Propose some perspectives and basic solutions for antimonopoly in the socialist oriented market economy of our country today. 6. Theoretical and practical meanings of the thesis Contribute to supplement and enrich the theoretical and practical issues on antimonopoly in the socialist oriented market economy of our country today. The research results of the thesis are a theoretical, practical basis for all levels as reference to build a competitive environment for antimonopoly in the economy of our country today. The thesis can be used as reference in scientific research, teaching and learning at universities in our country today. OVERVIEW OF RESEARCH ISSUES 1. The foreign scientific studies on monopoly, antimonopoly * The researches related to monopoly, enterprise monopoly Around the world there have been many studies related to monopoly, enterprise monopoly such the works "Economics" of P.A. Samuelson. Michael E. Porter with the works: "Competitive Strategy", "Competitive Advantage", "National competitive advantage". Ben W.F. Depoorter in the book "5400 Regulation of natural monopoly" of the Center for Advanced Studies in Law and Economics, University of Ghent, Faculty. The author Patrick Rey and Paul Seabright with the book "The activities of a monopoly firm in adjacent competitive markets: Economic consequences and implications for competition Policy ". The topic "Firms with market power: monopoly" of Ali Emami. Author Ferguson, Paul R with the book " Business economic: the application of economic theory ". * The researches related to enterprise antimonopoly X.Nicitin with the book "Antimonopoly policy in countries with developed market economy". Howard D. Marshall with the book "Business and Government: The problem of power"; or Stephen J.K. Walters, "Enterprise, Government, and the public"; Author Christopher: "Outline of the US Economy". 2. The domestic scientific researches on monopoly, enterprise antimonopoly * The works mentioning about monopoly, enterprise monopoly The topic: "The impact of competition and monopoly in the economy of modern capitalism on building the market economy in Vietnam today" of the National Academy of Politics. Tran Van Hien with his thesis on economics "Theory of Lenin on the world market sharing among alliances of capitalism monopoly and new expression in the current period". Dr. Bui Van Huyen: "Construction and development of economic corporations in Vietnam". The book: “Market structure - theory and practice in Vietnam” by Nguyen Van Dan. * The typical works related to enterprise antimonopoly Bui Ha with the theme: "Monopoly and antimonopoly in the market economy", and "Forms and measures to encourage competition and control monopoly of the market economy”. Economic thesis: "Competition in the market economy in Vietnam" by Nguyen Quoc Dung. The Central Institute of Economic Management Research with the book: "The legal and institutional issues of policy on competition and monopoly control". Dong Thi Ha: "Improvement of policy on competition and monopoly control in Vietnam in terms of international economic integration". Dinh Thi My Lan with the book "Japanese antimonopoly law, implementation experience". "Competition Policy of the European Union in the context of new development" by Dang Minh Duc. Author Dinh Thi My Loan: "Control the economic focus - international experience and practices in Vietnam". Author Bui Nguyen Anh Tuan with the book "Competition policy from the perspective of developing countries". Dang Vu Huan: "The law on anti-monopoly control and unfair competition in Vietnam". Le Anh Tuan with the book "Law on against unfair competition in Vietnam". Articles in magazines such as: Nguyen Nhu Phat, "Monopoly and handling monopoly"; author Khanh An, "It is neccessary to tighter control monopolies"; Pham Van Chung, "State monopoly and enterprise monopoly"; Le Van Hung "There should be provisions for State-owned enterprises in the implementation of competition law". * The studies refer to aspects of antimonopoly Nguyen Nhu Phat and Nguyen Ngoc Son in the book "Analysis and interpretation of provisions on competition law on abuse of dominant position in the market, monopoly position to restrict competition". Doan Trung Kien with "Identification of abuse of dominant position, monopoly position under the current law in Vietnam". Tran Anh Tu with "Identification of administrative monopoly in business in Vietnam". Pham Hoai Huan in his book "Laws against abuse of dominant position, monopoly position to restrict price competition". Articles by Dao Van Tu "Monopoly and issue of controlling monopoly prices in Vietnam". And "Control prices for monopoly goods and services in Vietnam today" by Le Viet Thanh. Tran Ming Dao with the article: "Price management in the market economy in Vietnam”. Nguyen Huu Huyen with the article "Identification of Cartels pursuant to the law on competition of developed countries". 3. General evaluation of the research results of published scientific works thesis and issues that the thesis should focus on solving It is possible to say that the foreign and domestic authors have had many studies and articles with various approach, extent, scope and purpose, more or less mentioned about monopoly and antimonopoly. However, because they are not the research subjects, the works and writings of domestic and foreign authors do not study in depth in a systematic way anti-monopoly in the socialist oriented market economy, but just mentioned, analysed the single aspects, sides, slice or a part of the research object i.e. anti-monopoly in the market economy. Meanwhile, there are not many scientific works refering directly to antimonopoly or aspects in antimonopoly from the perspective of political economy, but they often study the opposition side of monopoly i.e competition, creating a competitive environment in the socialist-oriented market economy. Many scientific works mention antimonopoly issues and antimonopoly aspects under jurisprudence perspective, interpretation of specific issues of legal science. So this is the space for the fellow to do well in the thesis. Chapter 1 THEORETICAL FOUNDATION ON ANTIMONOPOLY IN THE SOCIALIST ORIENTED MARKET ECONOMY AND EXPERIENCE OF SOME COUNTRIES 1.1. The general theoretical issues on monopoly, enterprise monopoly in the market economy 1.1.1. The concept of monopoly, enterprise monopoly * Under the perspective of bourgeois economists The economists of mercantilism are in favor of monopoly of national capitalist in international trade. Physiocracy condemned privileges and feudal monopoly; they do advocate that the State shall not intervent in the economy. The classical school promotes free competition, against the interference of the state in economy. Neoclassical synthesis provides the theory of both competition and monopoly. Austrian school does not advocate development of monopoly indefinitely, but advocates the Government to use regulate force to limit and reduce monopoly. Modern primary school states that the fails met by the market make its operation not so efficient are affected by monopolies. * Under the perspective of Marxist economists Karl Marx saw that the development of the forces of production, accumulation and concentration of capital created by competition would inevitably lead to the formation of monopolies. Monopoly is expressed by Engels that "Exclusive Organization (capitalism) is an alliance between the capitalists hold most of the production and consumption of one or more of certain types of goods, in order to gain high monopoly profit". V.I. Lenin sees monopoly is the most prominent economic characteristic of capitalism in the new period. He asserts that the source of monopoly is competition, accumulation and concentration of capital with the underlying cause of the development of the productive forces of society. This monopoly is essentially a form of alliance between the capitalists holding most of the production and consumption of certain types of goods to obtain monopoly profits high as Engels pointed out. * The notion of scientists in Vietnam According to Hoang Dinh Can, economic monopoly is the status to concentrate economic forces (strength) in the hands of one or a few people, making them powerful for the reproduction of society. Encyclopedia of Vietnam states that monopoly is the condition that there is only one or there are a few people (or organizations) monopolizing the market. According to the Great Dictionary of market economy, monopoly is a few large capitalist firms going for high monopoly profits joint venture to monopolize the market and produce exclusively a certain commodity X. According to Nguyen Van Ngoc, an enterprise becomes a monopoly when it is the only seller of its product and if that product has no close substitutes. Central Institute of Economic Management states that monopoly in business is that an enterprise or a corporation with certain economic, political and social conditions control production and consumption market of products, goods and services. Competition Law of Vietnam, an enterprise is considered to be the exclusive if there is not any other enterprise competitive to the goods and services that this enterprise doing business in the relevant market. Nguyen Van Nam said that the monopoly of a business specified in the Competition Act must be interpreted as a market power of an enterprise when doing business in a certain product for consumers, for rivals, set in the relevant market. From the above points of view, it is the author’s opinion that, monopoly is an objective economic phenomenon, reflecting the existence of the enterprise in the market without competition. When there is a monopoly position, the market will give that enterprise its power, "the ability to affect the market price of a certain goods or services". Accordingly, enterprise monopoly is the term used to describe the power of firms in dominating input and output of a particular commodity on the market. Enterprise monopoly in the market economy with a socialist orientation has basic characteristics including: First, the concentration in the hands of one or several enterprises taking most part in the production and consumption of a particular commodity to ensure monopoly position in a particular industry or sector. Second, when there is the establishment of monopoly position, the enterprise tends to abuse that position to obtain monopoly profits. Third, firms take advantage of the state monopoly to become enterprise monopoly, serving the interests of that business. Fourth, there is the possibility of market pricing, forcing competitors and consumers to comply with those prices called monopoly pricing. Fifth, there is the ability to prevent competition from other companies, in order to strengthen the monopoly position of the business. 1.1.2. The forms of enterprise monopoly in the socialist oriented market economy First, based on the formation source including:   - Monopoly formed by the accumulation and concentration of production - Monopoly derived from the intervention of the State. - Natural monopolies: Second, based on the level of corporation’s domination over the market, monopoly has the following formats: - Monopoly in selling - Monopoly in purchase - Monopoly in limiting sales and monopoly in limiting purchase - Bilateral Monopoly: 1.1.3. Cause of forming enterprise monopoly in the socialist oriented market economy in our country today First, monopoly is formed from the competition between enterprises in the economy. Second, the State’s policy to form State monopoly on a number of areas. Third, monopoly is formed from the demands of the scale of investment, technology and manufacturing technology. Fourth, monopoly is formed from the existence of barriers in the market. 1.2. Concept, content and the need for enterprise anti-monopoly in the socialist oriented market economy 1.2.1. The concept of enterprise anti-monopoly in the socialist oriented market economy Antimonopoly in the socialist oriented market economy is the summary of manners and measures that the socialist countries and the economic actors use to manage, control and prevent monopoly acts adversely affecting the economy, in order to create a healthy competitive environment for the economy, while contributing to harmonize the interests of the State, businesses and consumers. In essence, this is the action of the State and the economic subjects for the enterprises with monopolistic behavior adversely affecting the economy, in which the State and the economic subjects are the subjects of antimonopoly activities. The objects of antimonopoly activities are enterprises in an economy operating in the fields of manufacturing, sales and service implementing acts of abusing monopoly which negatively impact the economy. The methods, measures of antimonopoly include legal; economic; educational measures. The main purpose of antimonopoly is to build a healthy competitive environment with equality between businesses, resolve in harmony the interests of subjects in the economy. 1.2.2. Content of enterprise antimonopoly in the socialist oriented market economy in Vietnam First, against abuse of dominant position, monopoly position of the business. Second, against agreements to limit competition of monopolies Third, against the unreasonable determination of the product price to obtain high monopoly profits. Fourth, control the activities of economic concentration of enterprises tending to form a dominant position, monopoly position. 1.2.3. The need for enterprise anti-monopoly in the socialist oriented market economy * Starting from the requirement to create a healthy competitive environment in the development of the socialist oriented market economy * Derived from the negative effects of monopoly enterprises for economic, political, social, defense – security purposes. 1.3. Experience of some countries in the world in antimonopoly and lessons for Vietnam 1.3.1. Experience in enterprise antimonopoly in some countries * The experience of the United States The US is the first country in the world to issue anti-monopoly law and encourage competition. The United States also put competition in the area of public service provision, creating competition in providing services to the government, to encourage competition between companies of the Government. Enhance the role of the Federal Trade Commission in enterprise antimonopoly. Strictness and deterrence of law, especially the violations of antimonopoly law are enforced more and more strictly. * The experience of the European Union The European Union also built a policy on competition and antimonopoly early. Bring competition to execute in the fields where only state-owned enterprises or private monopolies are in charge, with solutions to eliminate barriers in rotation of goods, services, capital and labor, completing intra-school market. The European Union attaches great importance to the role of management bodies The European Union also quite effectively uses economic measures and administrative measures. In addition, the relatively strong intervention of the State in order to ensure consumer rights is respected in practice. * Experience of Japan Japan also soon issued Antimonopoly Act (07/1947), and organized the operation of the competition management departments. The Japanese government has step by step applied measures to narrow the scope of property and business of the State. Japan focuses on improving the quality of life, reducing the difference between domestic price and foreign one, enhancing market access, harmonious combining institution and international structures, arranging the structure of sectors, encouraging participation in the market of new businesses ... and the activities consistent with competition policy. * The experience of China Separate the Government out of business; raise capital outside the State with different ownership percentage. China has established management and state-owned assets supervision agencies at both central and local levels to release most of the intervention of the owners of the State management agency for State enterprises. Give competitive mechanism to monopolies by opening the door to private sector and foreign countries to participate, creating competition within the sector. Use the law to monitor and manage rather than administrative orders before. However, in the antimonopoly activities, China still has its limitations. 1.3.2. Some lessons for Vietnam from antimonopoly experience in some countries in the world First, build a consistent legal system, in which soon issue Antimonopoly Law and implement in an earnest way, serving as the basis for enterprises doing fair business and competition. Second, promote the role of state management agencies and social organizations in antimonopoly to create an environment of fair competition, to protect the interests of consumers. Third, develop a healthy competitive policy with an open market, highly competitive together with the participation of components and enterprise. Fourth, incorporate economic, administrative measures in antimonopoly. Fifth, clearly separate functions of administrative and business management of the state over state enterprises, and promote the reform of state-owned enterprises towards reducing monopoly of the business. Conclusion of chapter 1 Based on the approach to different viewpoints of scientists, the author has given an opinion about monopoly, enterprise monopoly, indicating the characteristics of enterprise monopoly. The introduction of central concepts, along with figuring out the basic content of antimonopoly in the socialist-oriented market economy is the focus of chapter 1. The thesis researches experience of other countries from which to draw lessons for Vietnam in antimonopoly. Chapter 2 ACTUAL SITUATION OF ANTIMONOPOLY IN THE SOCIALIST ORIENTED MARKET ECONOMY OF VIETNAM 2.1. Situation of enterprise monopoly in our country in recent years The phenomenon of abusing dominant position, monopoly position in the market still exists. The situation of abusing state monopoly into enterprise monopoly is complicated. Operation of agreement in restricting competition by monopolies is increasingly sophisticated.   Activities of unreasonable fixing prices to gain high monopoly profits of monopoly enterprises have a negative impact on society and people. Activity of economic centralizing by enterprises to establish a dominant position, monopoly position tends to increase. 2.2. Achievements, limitations and causes of antimonopoly in our country in recent years 2.2.1. Achievements and causes 2.2.1.1. The achievements Vietnam has built a system of legal framework, serving for the management of competition, antimonopoly. The handling of operations abusing dominant market position, monopoly position of the business initially has positive effect in creating a competitive environment. Has specified the sectors of production and business under state monopoly The control and supervision of the activities of corporations, large State own enterprises (SOEs) are respected. SOEs are rearranged an important step. SOEs operations focus primarily on the sectors and geographical areas of crucial importance that the State needs to hold. Activity against agreements in restricting competition of the monopolies has achieved some initial results contributing to improve the business environment. Has implemented price controls on some essential commodities and commodity with monopoly nature Implement control of the economic concentration activities of enterprises with tend to form a dominant position, monopoly position. 2.2.2 The limitations, weaknesses and causes 2.2.2.1. The limitations and weaknesses First, fighting against abuse of dominant market position, monopoly position of business has not high efficiency. So far, the Competition Administration Department has decided to investigate only 6 cases of restricting competition, of which 3 cases related to abuse of dominant position, monopoly position and 3 cases concerning the behavior of linking oligopoly The handling of cases of abuse of dominant position, monopoly position faces many obstacles in the provisions of the law. The provisions on abuse of dominant position, monopoly position do not cover the full abuse actions. Second, activities against enterprises taking advantage of the state monopoly to become enterprise monopoly are still inadequate.   Not yet form a detailed legal framework for the management and supervision of conglomerates in the specific field of activity. Not yet clearly seperate state ownership and corporate ownership, whereby the separation of the functions of state management in administration and economy in SOEs is unclear. Currently, the arrangement and equitization of state-owned enterprises are slow and not tight. Some contents in the structure project of each group, each corporation have no strong solution, breakthrough. Enterprises of different economic sectors have not been set in the competitive environment of equality; many favors are for SOEs, especially those monopolies. Third, the operation against unreasonable price fixing to obtain monopoly profits is not so effective. Price control mechanism of the State agency for each product of the monopolist is still inadequate, efficiency, flexibility are not high. The lack of transparency of monopolies in the determination of the product price makes it difficult for the state agency. The control of price-fixing activities between the exporters of goods abroad with exclusive distributors in Vietnam market does not seem to be possible, because the legal framework is still missing governing rules. Fourth, control the economic concentration activities of enterprises tending to form a dominant position, monopoly position lacks focus. The legal framework in the control of economic concentration activities of enterprises tending to form a dominant position, monopoly position is incomplete. Coordination and management mechanisms of economic concentration activities between competion management agencies with the state management agency have not been identified. The gathering of information and data on the economic concentration of the competition management agencies is also difficult. The control of M & A activity involving mergers, joint ventures, consolidation is not tight and easy to facilitate business to expand monopoly. Cause of disadvantages, limitations First, the perception on the law including the law on competition of the State management agencies, businesses, associations are uneven. Second, the role of state management agencies in antimonopoly has not really promoted effectively. Third, the role of business associations is unclear in creating a competitive environment. Fourth, the voice of consumers and social organizations in protecting the rights of clients is not high. Fifth, human resource of competition management agencies is not sufficient; qualifications of those working in management and supervision are limited. Sixth, the legal framework and enforcement of competition policy, antimonopoly are weak and sufficient. Seventh, the competitive environment in the economy is not high; enterprises of different economic sectors are not set in the environment for fair competition. Eighth, the impact of the international and regional institutions on our country. 2.3. Some issues raised about enterprise antimonopoly in the socialist oriented market economy in our country today First, antimonopoly requires creating synchronous elements in competition institution, antimonopoly, meanwhile, the legal systems on competing, management apparatus, mechanisms and policies are not yet complete and lack of competition and overlap. Second, antimonopoly requires good promotion of role and coordination of the subjects, while the perception, position, role and coordination of the anti-monopoly forces are now not high. Third, antimonopoly is putting increasing high demands of professionalism, efficiency, while investment in human resources and finance for these activities is limited. Fourth, antimonopoly requires solving the relationship between the requirements to ensure fair competition environment with the leading role of the state economy. Conclusion of chapter 2 Enterprise monopoly in our country in recent years is still complicated. Antimonopoly activity in recent years has achieved certain results. However, there are still many shortcomings and limitations. The cause of these outstanding includes both objective and subjective ones, but the subjective one is major. Four issues pointed out in antimonopoly are very basic, serving as the basis for figuring out the solutions for antimonopoly in our country in the future. Chapter 3 BASIC VIEWPOINT AND MAJOR SOLUTIONS  ON ANTIMONOPOLY IN THE SOCIALIST ORIENTED MARKET ECONOMY IN OUR COUNTRY IN THE COMING TIME 3.1. Basic notions of enterprise antimonopoly in the socialist oriented market economy of our country today in the coming time 3.1.1. Antimonopoly in the socialist oriented market economy is not to eliminate monopolies or reject the dominant role of state economy but to fight against the abuse of monopoly which negatively impacts the economy To make this point, it is necessary to well implement some of the following: First, continue to improve the system of law on competition, antimonopoly. Second, consistently confirm the key role of the state economy in the socialist-oriented market economy. Third, continue to organize, innovate and improve the efficiency of state enterprises. State enterprises must concentrate their operations in the key stages in the field of security and defense, natural monopolies, providing essential public goods and services and some basic industries, high technology with big spreading strength. 3.1.2. Antimonopoly in the socialist oriented market economy is the responsibility of the whole society, in which the state management agency of competition is the core force Antimonopoly in the socialist oriented market economy of our country today is the responsibility of the whole society, in which the state playing a role as "maestro", creating an environment with legal framework for entities to refer to. Enterprises, social organizations, and consumers are important subjects. In order to implement this perspective, there is a need to improve effectiveness and efficiency of the State in management. Improve the organizational structure of the competition management agency to ensure independence. Develop staff for management of competition to meet the requirements of social development. Promote the role of associations, social organizations and consumers in antimonopoly. 3.1.3. Antimonopoly must be done in sync with the perfecting of the socialist-oriented market economy institution In essence, this is the specific development of the socialist-oriented market economy institution in creating a competitive environment, antimonopoly. Accordingly, first of all, it is necessary to complete the legal framework in general and law on competition, antimonopoly in particular to ensure for subjects to work in accordance with the operation laws of the market economy, as well as to maintain the socialist orientation in the development process. Second, promote the key role of our economy together with strong economic development of economic sectors and types of businesses; form some economic groups, the multi-owner corporations, apply modern management model, with international competitiveness. Third, create a favorable environment for enterprises to act and compete in a healthy and fair way. 3.1.4. Antimonopoly must ensure compliance with international regulations and practices In the trend of performing open-door policy, one of the requirements is that Vietnam needs to complete the legal system. Accordingly, the legal system in Vietnam needs to review, compare, timely adjust and transform international treaties, signed trade agreements in the legal system of Vietnam to come to agreement to meet the integration into the world’s economy. The important thing now is that Vietnam should choose therapies of adjustment with a procedure suitable with our political and economic conditions, from which to build and perfect the legal system accordingly. 3.2. Major solutions on antimonopoly in the socialist oriented market economy of our country in the coming time 3.2.1. Continue to improve the socialist oriented market economy institution in which the focus is to create a healthy competitive environment This is the premise solutions, in order to create the legal basis for the subjects to refer to implement. Accordingly, it is necessary to well implement some of the following measures: First, continue to improve the legal system in which there is competition law. Second, continue to improve the mechanism of competition, control, anti monopoly. Third, perfect synchronically market factors, especially the sectors and aspects with monopoly nature. Continue to improve the institution on price, supply and demand, competition and controlling monopoly of the business. Fourth, enhance the role and effectiveness of economic management of the State in accordance with the request to create a healthy competitive environment in the socialist oriented market economy. 3.2.2. Enhance the role of subjects in the management of competition, antimonopoly * For the State: Need to determine the role of the State in the creation of competitive environmen. Continue to strengthen the state competition management apparatus. Improve the quality of training and re-training of human resources for the competition management agency. Increase investment in infrastructure, operational funding for the competition management agency. Create clarity and transparency in the functions and responsibilities of the competition management agencies and the management ministries of industries to tackle differences in the application of standards and treatment. Actively check, control the operation of monopolies; timely detect signs of monopoly negative impacting the economy. * For professional social organizations, communities and people: Need to raise awareness, responsibility, create consensus of the social organizations and people in antimonopoly. Promote the role of business associations, social organizations in creating a competitive environment, antimonopoly. The associations need to work closely with the competition management agency in raising awareness for the business community and industry associations on competition law, anti-dumping, anti-subsidy and safeguard measures; positively prevent and anti violations of law. Enhance counseling, support businesses as well as consumers. Need to actively research, fieldwork, collect ideas, reflect the needs of consumers. Promptly provide the state management agency for protecting the rights of consumers with information about legal violations of organizations and individuals trading in goods and services with monopoly abuse signs. It should be positive, proactive in contributing opinions, comments on the content of legal documents related to competition, antimonopoly. The government should enact specific laws or decrees in order to enhance the role in the operation of enterprise associations in Vietnam. * For consumers: Elevate the voice of consumers in building competitive environment, antimonopoly. Accordingly, consumers need to improve the understanding and ability to protect themselves by themselves, have the right choice, self defense and be responsible for fighting with violations of enterprises that can harm the interests of society and consumers so that they could actually become wise consumers. 3.2.3. Promote the reform of state enterprises towards reducing monopoly To implement the promotion of reforming state enterprises, it is necessary to focus on some of the following measures: First, continue to review, classify and define the specific criteria for large monopoly SOEs. Clearly clarify state monopoly and enterprise monopoly. Second, reform the mechanism of implementing state ownership rights over the SOEs, the monopoly SOEs and mechanism of representing for the state owner in the enterprises. Third, accelerate the equitization, focusing on economic groups, corporations towards reducing the number of SOEs and reduce state capital in enterprises. Implement diversification of ownership in SOEs. Fourth, perform publicly, transparently operations of SOEs, especially corporations, state corporations in the natural fields, and industries. Fifth, reform the management model for the state-owned enterprises. Accordingly, urgently supplement and perfect SOEs management mechanism, concurrently with the expansion of autonomy and self-responsibility of enterprises. Sixth, put the SOEs in a competitive environment equal to other economic components. Stimulate competition within the monopolists; the State must establish mechanisms to promote healthy competition of enterprises not only with the external environment, but even within the group or enterprises, consider this as a solution to create a market within the corporate. Put the monopolists in a competitive environment with the region and the world. 3.2.4. Effectively use the tools of the State economic management in control, antimonopoly First, control the product's price of monopoly manufacturing, trading sectors. Second, develop mechanisms of publishing and accessing information; create transparency in determining the product’s price of monopolies. Third, there should be mechanisms regulating to ensure market stability, balance of supply - demand for essential products, products with monopoly nature for the economy. Fourth, the State should have a financial mechanism to regulate monopoly profits serving for the needs of society. Apply the enterprise basic income tax rate higher than normal for monopolies which have excess profits, perform additional income tax, implement norms of maximum control with expenses such as advertising, marketing, salaries ... to promote savings, reduce costs, lower price. Fifth, strengthen the inspection and supervision of the management agency over the commodity or products with monopoly nature. Sixth, control production costs of monopolies. Accordingly, it is necessary to check the cost of production, price of goods when there is price fluctuation. 3.2.5. Strengthen cooperation with the institutions of the region and the world in antimonopoly activity Antimonopoly is still a very new aspect in Vietnam, but has a long history in developing countries. Accordingly, it is necessary to perform some of the following measures: First, promote exchanges, research experiences with other countries, especially countries with economies similar to our country in building institution, management mechanism, control of antimonopoly. Second, develop mechanisms to exchange and share information between countries in international cooperation to investigate inter-border cartels. To promote international cooperation between competition authorities in Vietnam with the competition authorities in the region and the world in cartel investigations through the various levels such as bilateral, regional or multilateral. Coordinate with international organizations to build information management system integrated in the field of competition. Third, promote cooperation in the training of competition management staff. Cooperate with international organizations and foreign agencies of competition; hold short-term training courses on investigative skills for the investigators of Vietnam. Conclusion of chapter 3 Antimonopoly is a difficult and complicated issue. Therefore it is necessary to master the basic notions with orientation nature. For antimonopoly in the socialist-oriented market economy to achieve good results, it is necessary to properly implement the solutions. Each measure has certain position and role, contributing to the creation of a competitive environment, antimonopoly. CONCLUSION 1. Based on the overview of research situation related to the topic, it is the fellow’s opinion that the recognizing, evaluating in a systematic way under the perspective of political economy from a theoretical basis to the practice of antimonopoly in the socialist-oriented market economy in our country today, with a comprehensive view of the status of antimonopoly in the economy of our country, then propose solutions in antimonopoly in the socialist-oriented market economy is a new issue, not a duplicate of other published researches, with both theoretical as well as practical meanings in the current period in our country. 2. Antimonopoly in the socialist-oriented market economy is essentially the impact of state and economic actors on the enterprises with monopolistic behavior adversely affecting the economy. Content of antimonopoly in the socialist-oriented market economy includes: Anti enterprises abuse dominant position, monopoly position; anti enterprises abuse monopoly state to become enterprise monopoly; anti agreements of limiting competition of monopolies; anti the unreasonable price fixing for high monopoly profits; control concentrated economic activity of enterprises tending to form a dominant position, monopoly position. 3. In our country in recent years, the situation of monopoly is complicated: the phenomenon that enterprises abuse dominant market position, monopoly position still exists; enterprises abuse state monopoly to become monopoly businesses, serving their own interests; operation of agreements in restricting competition of monopolies is increasingly sophisticated; unreasonable price-fixing activities for monopoly profit of monopolies have a negative impact on society and the people; the concentration of economic activities of enterprises to establish a dominant position, monopoly position tends to increase. 4. Antimonopoly in the socialist-oriented market economy recently has made significant achievements, contributing to the creation of a competitive environment, ensuring the stability and development of the economy. However, there are still many limitations and shortcomings in both institution and implementation. These advantages and disadvantages are due to various objective and subjective reasons in which the subjective ones are dominant and play an important role. Four issues in antimonopoly in our country's economy are the basic ones. The good resolution of these issues will contribute to the antimonopoly to be effective. 5. For antimonopoly in the socialist-oriented market economy in the coming time to be effective, it requires a thorough study of four mentioned perspectives, then perform well following solutions: Continue to improve institutions of the socialist-oriented market economy in which the focus is to create a healthy competitive environment; enhance the role of subjects in the management of competition, antimonopoly; continue to organize, innovate, enhance the competitiveness of the state-owned enterprises in the economy; effectively use the tools of economic management of the State in the control, anti-monopoly; strengthen cooperation with the institutions of the region and the world in antimonopoly.