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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No
: 05/2006/ND-CP
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Ha
Noi, January 9, 2006
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DECREE
ON ESTABLISHMENT, FUNCTIONS, DUTIES, POWERS AND
ORGANIZATIONAL STRUCTURE OF VIETNAM COMPETITION COUNCIL
GOVERNMENT
Pursuant to the Law on
Organization of the Government dated 25 December 2001;
Pursuant to the Law on Competition dated December 3, 2001;
Pursuant to the Decree No 86/2002/NĐ-CP dated November 05, 2002 by the
Government on functions, duties, powers and organizational structure of
ministries, ministerial-level agencies;
Pursuant to the Decree No 29/2004/NĐ-CP dated January 16, 2004 by the
Government on functions, duties, powers and organizational structure of the
Ministry of Trade;
Upon the request of the Minister of Trade,
DECREE :
Article 1.
Establishment of Vietnam Competition Council
Vietnam Competition Council
shall be established. Its transaction name in English shall be Vietnam
Competition Council, which shall be abbreviated as VCC.
The Vietnam Competition Council
shall have the legal status, a stamp imprinted with the national coat of arms,
be allowed to open its bank account in the State Treasury as stipulated by law.
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Article 2.
Position and function
The Vietnam Competition Council
is an independent executive agency, has the function of handling limitted
competition acts.
Article 3.
Duties and powers
The Vietnam Competition
Council shall have the following duties and powers:
1. to organize the handling of
affairs related to limitted competition acts as stipulated by law.
2. to establish a Council for
handling competition cases which will handle a concrete case
3. to request the concerned
organizations, individual people to provide information, documents needed to
implement the assigned duties.
4. to decide on application,
change, abolishment of administrative prevention measures after receiving a
file of competition case as stipulated by law.
5. to handle complaints,
denouncements against competition cases related to limitted competition acts as
stipulated by law.
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Article 4.
Organizational structure
1. The Vietnam Competition
Council shall have from 11 to 15 members who are appointed, deappointed by the
Prime Minister upon the request of the Minister of Trade. The members of the
Vietnam Competition Council shall have to fully meet the requirements provided
for in Article 55 of the Law on Competition.
The members of the Vietnam
Competition Council shall work on basis of a 5-year term and may be
re-appointed.
2. The Vietnam Competition
Council shall be assisted by a Secretariat. Functions, duties, organizational
structure of the Secretariat of the Vietnam Competition Council shall be
specified by the Minsiter of Trade.
3. The Vietnam Competition
Council shall be responsible for elaborating a regulation on its organization
and operation and submit it to the Minister of Trade for approval.
Article 5.
Leadership of the Vietnam Competition Council
The Vietnam Competition Council
shall be headed by a Chairman. The Chairman of the Vietnam Competition Council
shall be appointed, de-appointed among the members of the Vietnam Competition
Council by the Prime Minister upon the request by the Minister of Trade.
The Chairman of the Vietnam
Competition Council shall be responsible for organizing its operation.
Article 6.
Implementation effect
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Article 7.
Implementation responsibility
The Minister of Trade, the
ministers, the heads of the ministerial-level agencies, the heads of the
Government-affiliated agencies, the chairmen of the People’s Committee or the
provinces, the centrally-run cities shall be responsible for implementing this
Decree./.
Recipients:
- Central Party Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies,
Government-affiliated agencies;
- People’s Councils, People’s Committees of
provinces, centrally-run cities;
- Central PartyOffice and Party Committees;
- President Office;
- Ethics Council and Committees of National
Assembly;
- National Assembly Office;
- Supreme People’s Court;
- Supreme People’s Procuracy;
- Central offices of associations;
- National Public Administration Academy
- Government Office: BTCN, TBNC, c¸c PCN, BNC,
- Management Board of Programme 112;
- Spokeman of Prime Minister, attached
departments, units, Gazette;
- Archives: Filing clerk, Organization and
Personnel Department (5 copies), Hoà (315b).
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai