Chapter IV
ADMINISTRATIVE BODY FOR COMPETITION AND COMPETITION COUNCIL
Section 1. ADMINISTRATIVE BODY FOR COMPETITION
Article 49. Administrative body for competition
1. The Government shall issue a decision on establishment and shall regulate the organizational structure and staffing of the administrative body for competition.
2. The administrative body for competition shall have the following duties and powers:
(a) To control the process of economic concentration in accordance with this Law;
(b) To accept jurisdiction over files for request of exemption; to forward its opinion to the Minister of Trade for decision or to submit same to the Prime Minister for his decision;
(c) To investigate competition cases concerning practices in restraint of competition and unfair competitive practices;
(d) To deal with and impose fines in respect of unfair competitive practices;
(dd) To fulfil other duties in accordance with law.
Article 50. Head of administrative body for competition
1. The Prime Minister of the Government shall appoint and dismiss the head of the administrative body for competition on the proposal of the Minister of Trade.
2. The head of the administrative body for competition shall be responsible to organize and direct the administrative body for competition to fulfil the duties and powers stipulated in clause 2 of article 49 of this Law.
Article 51. Investigators of competition cases
1. An investigator of a competition case (hereinafter referred to as an investigator) shall be appointed by the Minister of Trade on the proposal of the head of the administrative body for competition.
2. Investigators shall undertake the task of investigating specific competition cases in accordance with the decision of the head of the administrative body for competition.
Article 52. Standards for investigators
Persons who satisfy the following standards may be appointed to act as investigators:
1. Having good ethics and being honest and objective;
2. Having a bachelor degree in law or in economics or in finance;
3. Having five or more years work experience in one of the sectors stipulated in clause 2 of this article;
4. Having undertaken training in professional investigations. SECTION 2 Competition Council
Article 53. Competition Council
1. The Competition Council shall be a body established by the Government. The Competition Council shall consist of from eleven (11) to fifteen (15) members appointed and dismissed by the Prime Minister of the Government on the proposal of the Minister of Trade.
2. The Competition Council shall have the duty to organize dealing with competition cases concerning practices in restraint of competition and resolution of complaints in accordance with this Law.
Article 54. Chairman of Competition Council
1. The Prime Minister of the Government shall appoint from amongst the members of the Council, and dismiss, the chairman of the Competition Council on the proposal of the Minister of Trade.
2. The chairman of the Competition Council shall be responsible to organize the activities of the Competition Council.
3. The chairman of the Competition Council shall make a decision on establishment of a council to deal with a competition case, consisting of at least five of the members of the Competition Council, one of whom shall act as chairman of the investigative hearing, in order to resolve a specific competition case.
Article 55. Standards for members of Competition Council
1. Persons who satisfy the following standards may be appointed as members of the Competition Council:
(a) Having good ethics, being honest and objective, and having the spirit of protecting the socialist legal system;
(b) Having a bachelor degree in law or in economics or in finance;
(c) Having at least nine or more years work experience in one of the sectors stipulated in clause 1(b) of this article;
(d) Having the ability to complete the tasks assigned.
2. The term of office of a member of the Competition Council shall be five years, and the term may be renewed.
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Luật cạnh tranh 2004 (Bản Word)