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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No
: 06/2006/ND-CP
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Ha
Noi, January 9, 2006
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DECREE
ON
FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM COMPETETION ADMINISTRATION
DEPARTMENT
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 Ordinance on Protection of Rights of Customers dated April
27, 1999;
Pursuant to the Ordinance on Self Defense in Importing foreign goods into
Viet Nam dated May 25, 2002;
Pursuant to the Ordinance on Combat against Dumping of Goods Imported into
Viet Nam dated April 29, 2004;
Pursuant to the Ordinance on Combat against Subsidy for Goods Imported into
Viet Nam dated August 20, 2004;
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. Position and
functions
1. The Vietnam Competition
Administration Department shall be an organization affiliated to the Ministry
of Trade, have a function of assisting the Minister of Trade to exercise the
state management over the competition, combat against dumping, combat against
subsidy, application of self defense measures towards goods imported into Viet
Nam; protecting rights of customers; coordinating with enterprises, goods
industry associations to deal with lawsuits in international trading, which are
related to the breaking of prices, the subsidy and the application of self
defense measures.
The Vietnam Competition
Administration Department has the transaction name in English as Vietnam
Competition Administration Department, which is abbreviated as VCAD.
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The Vietnam Competition
Administration Department shall have its headquarter located in Ha Noi
City and representative offices in provinces, other cities.
The establishment of its
representative offices shall be decided by the Minister of Trade.
Article 2. Duties, powers
The Vietnam Competition
Administration Department shall exercise duties, powers according to the legislation
on competition, combat against dumping, combat against subsidy, protection of
customers’ rights and the following duties, powers:
1. To elaborate and submit to
the Minister of Trade legal documents on competition, combat against dumping,
combat against subsidy, application of self defense measures towards goods
imported into Viet Nam, protection of customers’ rights; to organize the
implementation of the legal documents after they are issued.
2. To instruct to examine,
evaluate and synthesize the implementation of legal documents, approved
planning, plans, programmes, projects of the work areas falling under the
function of the competition administration agency.
3. To investigate and request
the concerned agency(ies) to handle, within their competence, the legal
documents of which the contents do not conform with the legislation on
competition, combat against dumping, combat against subsidy, application of
self defense measures towards goods imported into Viet Nam, protection of
customers’ rights
4. With regard to competition:
a. To handle, to organize the
investigation of competition cases related to limitted competition acts for the
Competition Council to handle as stipulated by law.
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c. To evaluate files of requests
for being entitled to an exception according to the legislation and submit them
to the Minister of Trade or to the Prime Minister for decision.
d. To supervise the process of
economic centralization.
đ.To build up, to manage a
system of information about dominant enterprises in the market, mono-power
enterprises, competition principles applied to associations, exception cases.
5. With regard to handling cases
(vu viec) of combat against dumping, combat against subsidy and application of
self defense towards goods imported into Viet Nam.
a. To take the main
responsibility for and coordinate with the concerned agencies to organize the
implementation of the legal provisions on combat against dumping, combat
against subsidy and application of self defense towards goods imported into
Viet Nam.
b. To receive, to organize the
investigation of the importing of foreign goods into Viet nam and propose
measures of combat against dumping, combat against subsidy and self defense as
stipulated by law.
c. To make request to the
Minister of Trade to give decision on application of tax on combat against
dumping, combat against temporary subsidy and application of self defense
measures as stipulate by law.
d. To report the results
of the investigation to the Council for Handling Cases, to make a report to the
Minister of Trade for decision on application or non application of measures
for combat against dumping, combat against temporary subsidy and self defense
towards goods imported into Viet Nam.
đ) To take the main
responsibility for and coordinate with the concerned agencies to guide and
review the implementation of the decisions on application of measures for
combat against dumping, combat against subsidy and self defense.
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7. To handle complaints,
denouncements falling under competentce and violations of the legislation on
protection of customers’rights.
8. To carry out international
co-operation activities in elaborating and implementing the legislation on
competition, combat against dumping, combat against temporary subsidy,
application of measures of self defense and protection of customers’ rights.
9. To request organizations,
individual people to provide necessary information, documents for the
implementation of the assigned duties; to be entitled to using local and
foreign consultants in a necessary circumstance as stipulated by law.
10. To apply administrative
prevention measures, administrative violation punishment forms and consequence
resolving measures as stipulated by law.
11. To propagadize, to educate,
to disseminate the legislation and the policies related to competition, combat
against dumping, combat against subsidy, application of self protection towards
goods imported into Viet Nam and protection of customers’ right.
12. To organize training,
upgrading for improved professional qualification to the officials implementing
management over competition, combat against dumping, combat against subsidy,
application of self protection and protection of customers’ right.
13. To manage the organization,
the contingent of public servants, public officials, property, finance assinged
as stipulated and delegated by the State.
14. To organize, to develop a
database, to manage and to provide information for state agencies,
organizations, individual people having a demand for as stipulated by the
legislation on competition.
15. To do other duties assigned
by the Minister of Trade.
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1. The assistant apparatus to
the Head of the Vietnam Competition Administration Department:
- Committee of Limitted
Competition Investigation
- Committee of Competition
Supervision and Management
- Committee of Unhealthy
Competition Investigation
- Committee of Customer
Protection
- Committee of Handling of
Combat Against Dumping, Combat Against Subsidy and Protection
- Committee of International
Cooperation
- Office
2. Service delivery
organizations affiliated to the Vietnam Competition Administration Department
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- Center for Training of
Investigators
3. Other units affiliated to the
Vietnam Competition Administration Department, including:
- Representative Office in Da
Nang.
- Representative Office in Ho
Chi Minh City.
Functions, duties, powers and
organizational structure of the units affiliated to the Vietnam Competition
Administration Department shall be specified according to the decision by the
Minister of Trade.
The representative offices of
the Vietnam Competition Administration Department shall have their own seals
and be entitled to opening an account in the State Treasury as stipulated by
law.
Article 4. Leadership
The Vietnam Competition
Administration Department shall have a director and a number of deputy
directors. The Director of the Vietnam Competition Administration Department
shall be appointed, deappointed at the proposal of the Minister of Trade and be
accountable to the Minister of Trade for all the operation of the Vietnam
Competition Administration Department.
The Deputy Directors, the Heads
of the representative offices of the Department shall be appointed, deappointed
by the Minister of Trade at the proposals of the Director of the Department and
be accountable to the Director of the Department for their assigned work.
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The staff of the Vietnam
Competition Administration Department shall be decided on among all the staff
of the Ministry of Trade by the Minister of Trade
Article 6. Implementation
effect
This Decree shall take effect 15
days after the date of its publishment on the Gazette. The previous provisions
contrary to this Decree shall be annulled.
Artile 7. Implementation
responsibility
The Minister of Trade, the
minister, the heads of ministerial-level agencies, the heads of the
Government-affiliated agencies, the chairmen of the People’s Committees of
provinces, centrally-run cities and the Director of the Vietnam Competition
Administration Department are 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, TCCB (5 copies)
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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