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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 03/2023/ND-CP
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Hanoi, February
10, 2023
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DECREE
DEFINING THE
FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF VIET NAM COMPETITION
COMMISSION
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Competition Law dated June 12,
2018;
Pursuant to the Law on Consumer Protection dated
November 17, 2010;
At the request of the Minister of Industry and
Trade of Vietnam;
The Government promulgates a Decree defining the
functions, tasks, powers and organizational structure of Viet Nam Competition
Commission.
Article 1. Position and functions
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Transaction name in English: Viet Nam Competition
Commission; abbreviated name: VCC.
2. VCC has juridical person status and its own seal
bearing the national emblem, and is entitled to open account(s) at the State
Treasury. Funding for covering VCC’s operating expenses shall be derived from
state budget.
VCC is headquartered in Hanoi City.
Article 2. Tasks and powers
VCC shall have the following tasks and powers:
1. Regarding competition proceedings
a) Detect, verify and evaluate information and
evidences of signs of violations against regulations of law on competition;
b) Receive, verify and evaluate information and
evidences of signs of violations against regulations of law on competition provided
by other organizations and individuals; receive, consider and handle
competition case files;
c) Conduct investigations into competition cases in
accordance with regulations of law;
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dd) Receive, handle and deal with complaints
against decisions on competition cases in accordance with regulations of law;
e) Engage in administrative procedures in respect
of decisions on complaint cases issued by the chairperson of VCC or council in
charge of settlement of anti-competitive cases in accordance with the
administrative procedure code;
g) Request relevant competent authorities and
persons to cooperate and provide assistance during investigation and resolution
of competition cases; request relevant authorities, organizations and
individuals to provide information and documents concerning competition cases;
h) Request competent authorities to implement
preventive measures for ensuring the enforcement of administrative penalties
during investigation and resolution of competition cases in accordance with
regulations of law on penalties for administrative violations;
i) Cooperate with foreign competition authorities
during the process of competition proceedings in accordance with regulations of
law;
k) Cooperate with competent authorities during
investigation and handling of violations against regulations of law on
competition which show signs of crime;
l) Receive and consider applications for leniency,
and issue decisions on immunity from fines or reduction of fines under the
leniency policy in accordance with regulations of law on competition;
m) Impose administrative penalties within its
competence or request competent authorities to impose certain additional
penalties and remedial measures for violations against regulations of law on
competition;
n) Perform other tasks in competition proceedings
in accordance with regulations of law on competition.
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3. Receive, handle and appraise applications for
exemption from prohibition of anti-competitive agreements, and issue decisions
on exemption from prohibition of anti-competitive agreements in accordance with
regulations of law.
4. Supervise, detect, verify and take actions or
request competent authorities to take actions against violations against
regulations concerning acts or behaviors that prevent competition in the market
of regulatory authorities and other prohibited acts relating to competition of
other organizations or individuals.
5. Perform state management of competition,
protection of consumer rights, and multi-level marketing operations in
accordance with regulations of law.
6. Perform other tasks and powers assigned by the
Minister of Industry and Trade of Vietnam in accordance with regulations of
law.
Article 3. Chairperson and Deputy Chairperson(s)
of VCC
1. VCC’s chairperson is VCC’s head who assumes
legal responsibility for organization and operation of VCC.
2. VCC’s chairperson shall submit proposed
regulations on organization and operation of VCC to the Minister of Industry
and Trade of Vietnam for promulgation.
3. VCC’s chairperson shall appoint and dismiss the
head, deputy head(s) of the competition case investigation agency, and
investigating officers.
4. Deputy Chairperson(s) of VCC shall be appointed
and dismissed by the Minister of Industry and Trade of Vietnam at the request
of VCC’s chairperson to take charge of assisting VCC's chairperson in
performing state management of competition, protection of consumer rights, and
multi-level marketing operations within the ambit of his/her assigned tasks.
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Article 4. Members of VCC, competition presiding
officers and participants in competition proceedings
1. VCC is composed of no more than 15 members,
including VCC’s chairperson, one or some deputy chairpersons and other members.
2. VCC’s members shall participate in competition
proceedings as assigned by VCC’s chairperson.
3. VCC’s members, competition presiding officers,
expert witnesses, interpreters, and witnesses are entitled to remunerations
according to the Prime Minister’s decision.
Article 5. Organizational structure
1. VCC shall have an assisting apparatus to perform
the tasks of initiating competition proceedings, controlling economic
concentrations, issuing decisions to grant exemption from prohibition of
anti-competitive agreements, dealing with complaints against decisions on competition
cases in accordance with regulations of law, including:
a) Competition case investigation agency;
b) Secretariat of competition case handling
councils;
c) Competition supervision board.
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3. VCC shall have some affiliated units in charge
of performing state management of competition, protection of consumer rights,
and multi-level marketing operations within the jurisdiction of the Ministry of
Industry and Trade of Vietnam.
Article 6. Effect
1. This Decree comes into force from April 01,
2023.
2. The following Decrees cease to have effect from
the effective date of this Decree, including:
a) The Government’s Decree No. 07/2015/ND-CP dated
January 16, 2015 defining functions, tasks, powers and organizational structure
of Viet Nam Competition Council;
b) The Decision No. 24/2015/QD-TTg dated June 30,
2015 of the Prime Minister promulgating regulations on organization and
operation of Viet Nam Competition Council.
3. The phrase “Cục Cạnh
tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”)
is changed into “Ủy ban Cạnh tranh Quốc gia” (“Viet Nam Competition
Commission”) in Clause 2 Article 54 and the Appendix enclosed with the
Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory
framework for multi-level marketing.
4. The phrase “Cục Quản lý
cạnh tranh” (“Vietnam Competition Authority”) is changed into the phrase “Ủy
ban Cạnh tranh Quốc gia” (“Viet Nam Competition Commission”) in Clause 1
Article 34 of the Government’s Decree No. 99/2011/ND-CP dated October 27, 2011
providing guidelines for implementation of the Law on Consumer Protection.
5. The phrase “Cục Cạnh
tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”)
is changed into “Ủy ban Cạnh tranh Quốc gia” (“Viet Nam Competition
Commission”) in Clause 1 Article 1 of the Government’s Decree No. 54/2020/ND-CP
dated May 18, 2020 providing amendments to the Government’s Decree No.
127/2015/ND-CP dated December 14, 2015 prescribing organization and operation
of inspectorates in industrial and trade branch.
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1. The Minister of Industry and Trade of Vietnam
shall stipulate functions, tasks, powers and organizational structure of VCC
for performing the tasks of state management of competition, protection of
consumer rights, and multi-level marketing operations.
2. The Ministry of Home Affairs of Vietnam shall
provide guidelines on allowances of position holders of VCC and holders of
managerial positions of VCC’s affiliated units.
3. The Minister of Industry and Trade of Vietnam,
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Chairpersons of provincial People’s Committees and VCC’s chairperson are
responsible for the implementation of this Decree.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang