THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
119/2011/ND-CP
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Hanoi, December 16, 2011
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DECREE
AMENDING
AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES PROVIDED IN THE GOVERNMENT’S DECREE
NO.116/2005/ND-CP OF SEPTEMBER 15, 2005, DETAILING THE IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE LAW ON COMPETITION
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the December 3,
2004 Law on Competition; At the proposal of the Minister of Industry and Trade;
DECREES:
Article 1. To amend and
supplement a number of articles of the Government’s Decree No. 116/2005/ND-CP
of November 15, 2005, detailing the implementation of a number of articles of
the Law on Competition
1. To amend and supplement
Article 38 as follows:
“Article 38. Notification and
replies to notification of economic concentration”
1. Dossiers for notification of
economic concentration of enterprises joining the economic concentration shall
be submitted directly or electronically in the form of copies (copies scanned
from the originals or text files) bearing lawful e-signatures of lawful
representatives of the enterprises.
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3. The competition-managing
agency’s written replies to economic concentration notifications must be
addressed to the following subjects:
a/ The business registration
agency and other agencies competent to permit merger, consolidation,
acquisition or joint venture under law;
b/ Lawful representatives of the
parties to economic concentration;
c/ Parties to economic
concentration.”
2. To amend Clause 1, Article
40 as follows:
“1. Explanatory reports on the
satisfaction of conditions for exemption must be made by enterprises themselves
and these enterprises shall be responsible for contents of their reports.”
3. To add the following
Clauses 3 and 4 to Article 40:
“3. Explanatory reports of the
parties intended to enter into agreements on competition restraint or economic
concentration shall be submitted directly or electronically in the form of
copies (copies scanned from the originals or text files) bearing lawful
e-signatures of lawful representatives of the enterprises.
4. In the course of evaluation
of explanatory reports on the satisfaction of conditions for exemption,
competition-managing agencies may consult science and technology institutions
and research and development institutions.”
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“i) Signature or fingerprint of
the complainant, for individual complainants; signature and seal of the lawful
representative of the complainant, for institutional complainants (applicable
to dossiers not submitted electronically)
5. To add the following
Clause 3 to Article 45:
“3. Complainants may submit
complaint dossiers directly or electronically
in the form of copies (copies
scanned from the originals or text files)
bearing lawful e-signatures of
lawful representatives of the enterprises. The complainants are responsible for
contents of the dossiers.”
Article 2. Effect
This Decree takes effect on
February 1, 2012.
Article 3. Implementation
responsibility
1. The Minister of Industry and
Trade shall organize the implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung