Chapter VII
NATIONAL COMPETITION COMMISSION
Article 46. National Competition Commission
1. The National Competition Commission is a body affiliated to the Ministry of Industry and Trade, composed of President, Deputy Presidents, and members.
The Competition Investigation Agency and other units form an assisting apparatus of the National Competition Commission.
2. The National Competition Commission has the following duties and powers:
a) Give advice to the Minister of Industry and Trade for performing state management of competition;
b) Initiate competition legal proceedings; control economic concentration; consider granting exemption decision; handle complaints against settlement decisions and other duties as prescribed in this Law and other law provisions.
3. The Government shall provide guidelines for duties, powers and organizational structure of the National Competition Commission.
Article 47. President of National Competition Commission
The President of the National Competition Commission is the head and take legal liability for the operation of the National Competition Commission.
Article 48. Members of National Competition Commission
1. Members of the National Competition Commission act as members of anti-competitive settlement council or anti-competitive complaint handling council in accordance with the competition legal proceedings prescribed in this Law.
2. The maximum number of members of the National Competition Commission is 15, including: President and other members. Members of the National Competition Commission are officials of the Ministry of Industry and Trade, relevant ministries, experts and scientists.
3. Members of the National Competition Commission shall be appointed and dismissed by the Prime Minister at the request of the Minister of Industry and Trade.
4. Term of office of members of the National Competition Commission is 5 years and they may be reappointed.
Article 49. Standards for members of National Competition Commission
1. Being Vietnamese citizens, having good moral qualities, integrity and honesty.
2. Obtaining at least a bachelor's degree or higher in law, economics or finance.
3. Having at least 9 years of work experience in one of the domains defined in Clause 2 of this Article.
Article 50. Competition Investigation Agency
1. The Competition Investigation Agency is an authority under the National Competition Commission and in charge of investigating violations against this Law.
2. The Competition Investigation Agency shall have the duties and powers to:
a) Gather and receive information for detecting signs of violations against this Law;
b) Organize the investigation of competition cases;
c) Propose the application, change or cancellation of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases;
d) Carry out investigation measures in the course of investigating competition cases as per the law;
dd) Other duties as assigned by the Chairperson of the National Competition Commission.
Article 51. Head of Competition Investigation Agency
1. The Head of the Competition Investigation Agency shall be appointed or dismissed by the President of the National Competition Commission.
2. The Head of the Competition Investigation Agency shall be responsible for organizing the operation of the Competition Investigation Agency in order to implement the provisions of Article 50 of this Law.
Article 52. Investigators
1. Investigators shall be appointed by the President of the National Competition Commission.
2. Investigators shall investigate competition cases as assigned by the Head of the Competition Investigation Agency.
Article 53. Standards for investigators
1. Being Vietnamese citizens, having good moral qualities, integrity and honesty.
2. Being officials of the National Competition Commission.
3. Obtaining at least a bachelor's degree or higher in law, economics, finance or information technology.
4. Having at least 5 years of work experience in one of the domains defined in Clause 3 of this Article.
5. Having been trained in investigation procedures.
Tìm kiếm
Luật cạnh tranh năm 2018 (Bản Word)
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