Chương VIII Luật cạnh tranh năm 2018: Tố tụng cạnh tranh

Chapter VIII

COMPETITION LEGAL PROCEEDINGS

Section 1. GENERAL PROVISIONS

Article 54. Principles of competition legal proceedings

1. All competition legal proceedings of competition presiding agencies, competition presiding officers, participants in competition legal proceedings and concerned entities must comply with the provisions of this Law.

2. In the process of carrying out competition legal proceedings, the competition presiding agencies, competition presiding officers and participants in competition legal proceedings must, within the scope of their respective tasks and powers, keep secrets of the competition case and trade secrets of enterprises as per the law.

3. Legitimate rights and interests of enterprises and relevant entities shall be respected during the competition legal proceedings.

Article 55. Language and script used in competition legal proceedings

The language and script used in competition legal proceedings is Vietnamese. Participants to competition legal proceedings shall be entitled to use their native language and script; in this case interpretation is required.

Article 56. Evidence

1. Evidences are facts used as grounds for determining whether or not violations against competition law exist, violating enterprises and other details which are meaningful in the settlement of competition cases.

2. Evidences are collected from the following sources:

a) Readable, audible, visible materials, electronic data;

b) Exhibits;

c) Testimonies, explanations of witnesses;

d) Testimonies, explanations of complainants, investigated parties, related entities;

dd) Expertise conclusions;

e) Records made during the investigation, settlement of competition cases;

g) Other documents, objects or sources prescribed by law.

3. Determination of evidence:

a) Readable documents shall be regarded as evidence if they are originals or notarized/authenticated copies provided or certified by involved or competent entities.

b) Audible and visible materials shall be regarded as evidence if they are presented together with the written explanation by the persons who have such materials about the origin of the materials in case they make records on their own, or the written explanation about the origin of the materials by the persons who have provided such materials to the persons who submit them, or description of the circumstances related to such recording or filming;

c) Electronic data messages in the form of exchange of electronic data, electronic vouchers, electronic mails, telegrams, faxes and other similar forms in accordance with the provisions of law on e-transactions;

d) Exhibits regarded as evidence that must be original objects related to the case;

dd) Statements, testimonies of witnesses; statements, testimonies and explanations of the complainant, the person against whom the complaint is made (hereinafter referred to as respondent), the investigated party or relevant entities shall be regarded as evidence if they are recorded in writing, audio tapes, audio disks, video clips or by other audio and visual equipment as prescribed in Points a and b of this Clause or made verbally at the hearing;

e) Expertise conclusions shall be regarded as evidence if the expertise is carried out in accordance with the procedures prescribed by law.

4. The Government shall provide guidelines for this Article.

Article 57. Responsibility for collaborating with and supporting the National Competition Commission

1. Competent bodies/persons, within the scope of their respective functions, duties and powers, shall be responsible for collaborating with and supporting the investigation and settlement of competition cases at the request of the National Competition Commission, the Competition Investigation Agency and the Anti-Competitive Settlement Council.

2. Enterprises, entities shall have to fully, accurately and promptly provide the information and documents they are managing or owning at the request of the National Competition Commission, the Competition Investigation Agency and Anti-Competitive Settlement Council.

Section 2. COMPETITION PRESIDING AGENCIES, COMPETITION PRESIDING OFFICERS

Article 58. Competition presiding agencies, competition presiding officers

1. Competition presiding agencies include:

a) National Competition Commission;

b) Anti-competitive settlement council;

c) Anti-competitive complaint handling council;

d) Competition Investigation Agency;

2. Competition presiding officers include:

a) President of the National Competition Commission;

b) President of the anti-competitive settlement council;

c) Members of the anti-competitive settlement council;

d) Members of anti-competitive complaint handling council;

dd) Head of Competition Investigation Agency;

e) Investigators;

g) Hearing clerks.

Article 59. Tasks and powers of the President of the National Competition Commission when conducting competition legal proceedings

1. Decide the establishment of the anti-competitive settlement council to settle anti-competitive practices and appoint a hearing clerk among officials of the National Competition Commission.

2. Decide the replacement of members of the anti-competitive settlement council, hearing clerks.

3. Set up an anti-competitive complaint handling council and act as the council chairperson.

4. Handle complaints against decisions on settlement of violations against regulations on economic concentration or unfair competition.

5. Require competent authorities to apply, change or cancel measures to prevent and guarantee imposition of sanctions against administrative violations in the investigation and handling of competition cases as prescribed in law on sanctions against administrative violations.

6. Decide the settlement of violations against economic concentration regulations.

7. Decide the settlement of unfair competition cases.

8. Other duties and powers prescribed by this Law.

Article 60. Anti-competitive settlement council

1. The anti-competitive settlement council shall be set up by of the President of the National Competition Commission to deal with specific anti-competitive cases. It shall automatically terminate operation and dissolve upon completion of its tasks. Anti-competitive settlement council operates independently and in line with the law.

2. The number of members of an anti-competitive settlement council shall be 3 or 5. These members shall be selected by the President of the National Competition Commission among the members of the National Competition Commission, of whom one shall be assigned to be the President of the anti-competitive settlement council.

3. When handling anti-competitive cases, anti-competitive settlement council shall operate on the principle of collectivity and under the majority rule.

Article 61. Duties and powers of anti-competitive settlement council and its chairperson and members

1. An anti-competitive settlement council has duties and powers to:

a) Open a hearing;

b) Summon participants to the hearing;

c) Summon witnesses at the request of involved parties;

d) Solicit expert opinion; replace expert witnesses or interpreters;

dd) Require Competition Investigation Agency to conduct further investigation;

e) Suspend the settlement of anti-competitive cases;

g) Handle anti-competitive cases;

h) Request the President of National Competition Commission to perform duties and powers as prescribed in Clause 2 and Clause 5 Article 59 of this Law;

i) Other duties and powers prescribed by this Law.

2. The chairperson of anti-competitive settlement council has duties and powers to:

a) Handle anti-competitive cases;

b) Summon and preside over meetings of the anti-competitive settlement council;

c) Sign documents of the anti-competitive settlement council;

d) Other duties and powers prescribed by this Law.

3. Members of anti-competitive settlement council have duties and powers to:

a) Join all meetings of anti-competitive settlement council;

b) Discuss and vote on issues under duties and powers of anti-competitive settlement council.

Article 62. Duties and powers of the Head of Competition Investigation Agency when conducting competition legal proceedings

1. The Head of Competition Investigation Agency shall have the duties and powers to:

a) Decide the investigation of competition cases upon the approval of the President of the National Competition Commission;

b) Decide the assignment of investigators for competition cases;

c) Request entities to provide documents, information, objects and explanation related to the cases at the request of investigators;

d) Decide the replacement of investigators of competition cases;

dd) Solicit expert opinion; replace expert witnesses or interpreters in the course of investigation;

e) Summon witnesses at the request of involved parties;

g) Decide the extension or suspension of investigation of competition cases upon the approval of the President of the National Competition Commission;

h) Propose the President of National Competition Commission to request competent authorities to apply, change or cancel measures to prevent and guarantee imposition of sanctions against administrative violations in the course of investigation;

i) Conclude the investigation of competitions cases;

k) Join hearings;

l) Other duties and powers prescribed by this Law.

2. Upon the completion of the investigation process, the Head of the Competition Investigation Agency shall sign the final investigation report, submit the investigation report and the entire competition case dossier to the President of the National Competition Commission.

Article 63. Duties and powers of investigators when conducting competition legal proceedings

1. Investigate competition cases as assigned by the Head of the Competition Investigation Agency.

2. Produce an investigation report upon completion of the investigation.

3. Preserve the materials provided.

4. Be held accountable to the Head of the Competition Investigation Agency and before the law for the performance of their duties and powers.

5. Join hearings.

6. Carry out investigation measures in the course of investigating competition cases as per the law.

7. Propose the Head of Competition Investigation Agency to extend, suspend and conclude the investigation of competitions cases, solicit expert opinion, or replace expert witnesses or interpreters during the investigation.

8. Report to Head of the Competition Investigation Agency for proposal to the President of the National Competition Commission who shall then request competent authority to apply measures to prevent and guarantee imposition of sanctions against administrative violations during investigation.

9. Other duties and powers prescribed by this Law.

Article 64. Duties and powers of hearing clerks

1. Prepare necessary professional operations before the opening of the hearing.

2. Read the rules of the hearing.

3. Report to the anti-competitive settlement council on the presence or absence of persons summoned to the hearing.

4. Take minutes of the hearing.

5. Perform other tasks assigned by the chairperson of the anti-competitive settlement council.

Article 65. Replacement of competition presiding officers

1. Members of the anti-competitive settlement council, investigators, hearing clerks shall be replaced if they fall into one of the following cases:

a) Being relatives of the investigated party or the complainant;

b) Being person with relevant rights and obligations to the competitions cases;

c) There are obvious grounds to believe that they are biased when performing their duties.

2. The President of National Competition Commission shall replace members of the anti-competitive settlement council or hearing clerks at his/her discretion or at the request of anti-competitive settlement council.

3. At the hearing, in case of replacement of member(s) of the anti-competitive settlement council or the hearing clerk, the anti-competitive settlement council shall issue a decision to postpone the hearing and request the President of National Competition Commission to replace the members of the anti-competitive settlement council or the hearing clerk. The hearing shall not be suspended more than 15 days from the date of suspension.

Section 3. PARTICIPANTS IN COMPETITION LEGAL PROCEEDINGS

Article 66. Participants in competition legal proceedings

1. The complainant.

2. The respondent.

3. The investigated party.

4. Person with relevant rights and obligations.

5. Persons protecting legitimate rights and interests of the complainant, respondent, investigated party, persons with related interests and obligations.

6. Witnesses.

7. Expert witnesses.

8. Interpreters.

Article 67. Rights and obligations of complainants, respondents and investigated parties

1. Complainant is an organization or individual who files a complaint prescribed in Article 77 of this Law to National Competition Commission for investigation as prescribed in Article 78 of this Law. A complainant has the following rights:

a) The rights prescribed in Clause 3 of this Article;

b) Propose the President of the National Competition Commission to request competent authority to apply measures to prevent and guarantee imposition of sanctions against administrative violations during investigation.

2. Respondent is an organization or individual against whom the complaint about competition violation is made. A respondent has rights to:

a) Be informed of information about the complaint;

b) Explain matters of complaint.

3. Investigated party is an organization or individual against whom the National Competition Commission carries out an investigation in the cases prescribed in Article 80 of this Law. An investigated party has rights to:

a) Participate in stages of the competition procedure;

b) Provide information, documents and objects to protect their legitimate rights and interests;

c) Be informed of information, documents and objects presented by the complainant or the Competition Investigation Agency;

d) Study documents in the competition case dossier and to record, copy necessary documents included in the competition case dossier in order to protect their legitimate rights and interests; except for documents and evidence which cannot be publicized in accordance with law;

dd) Participate and present opinions at the hearing;

e) Request the presence of witnesses;

g) Request solicitation of expert opinion;

h) Request replacement of competition presiding officers, participants in competition legal proceedings;

i) Authorize protectors of their rights and legitimate interests to participate in competition legal proceedings;

k) Request the Completion Investigation Agency, anti-competitive settlement council to accept the participation of persons with related interests and obligations in competition legal proceedings;

l) Other rights as per the law.

4. Investigated parties and complainants have obligations to:

a. Provide sufficient and accurate information, documents, objects related to their proposals or requests in a timely manner;

b. Be present in response to the summonses of the Competition Investigation Agency and the anti-competitive settlement council.

c. Not to disclose investigation secrets which they know in the process of participating in competition procedures; not to use the recorded or copied documents in the competition case dossier for the purpose of infringing upon the interests of the State and legitimate rights and interests of other organizations or individuals;

d. Execute decisions of the National Competition Commission, the competition settlement council and the Competition Investigation Agency.

Article 68. Protectors of legitimate rights and interests of the complainant, respondent, investigated party, persons with related interests and obligations

1. Protectors of legitimate rights and interests of the complainant, respondent, investigated party, persons with related rights and obligations are participants in competition legal proceedings to protect the legitimate rights and interests of the complainant, respondent, investigated party or person with related rights and obligations at their written requests.

2. The following persons may act the protectors of legitimate rights and interests of the complainant, respondent, investigated party, or persons with related rights and obligation when so requested:

a) Lawyers as prescribed by law on lawyers;

b) Vietnamese citizens who have full legal capacity, have legal knowledge, have no criminal convictions and have not been charged with offences.

3. Protectors of the legitimate rights and interests of the complainant, respondent, the investigated party, persons with related rights and obligations may protect the legitimate rights and interests of more than one party in the same case if the legitimate right and interests of those parties are not opposite. Multiple protectors of legitimate rights and interests may jointly protect the legitimate rights and interests of one party in a case.

4. When a person registers as a protector of legitimate rights and interests of the complainant, respondent, investigated party, or person with related rights and obligations, he/she must present the written request made by the complainant, respondent, investigated party, or person with related rights and obligations.

5. When participating in competition legal proceedings, the protector of the legitimate rights and interests of the complainant, respondent, investigated party or person with related rights and obligations shall have rights and obligations to:

a) Participate in stages of the competition procedure;

b) Verify and collect evidence and submit them in order to protect the legitimate rights and interests of the party which they represent;

c) Study documents in the competition case dossiers and to take notes and copy necessary documents in such dossiers in order to protect the legitimate rights and interests of the parties which they represent;

d) Propose the replacement of competition presiding officers and/or participants in competition legal proceedings, on behalf of the parties they represent;

dd) Respect truth and law; not to bribe, force or incite other persons to give false testimonies or supply untruthful documents;

e) Appear in response to the summonses of the National Competition Commission, Competition Investigation Agency and competition settlement council;

g) Not to disclose investigation secrets they know in the process of participating in competition legal proceedings; not to use their notes and copies of documents in the competition case dossiers for the purpose of infringing upon the State's interests or legitimate rights and interests of organizations and individuals;

h) Other rights and obligations as prescribed by law.

Article 69. Witnesses

1. Persons who know about details related to competition cases may be summoned by the Competition Investigation Agency, anti-competitive settlement council to participate in competition legal proceedings in the capacity as witnesses. A legally incapacitated person may not act as a witness.

2. A witness shall have rights and obligations to:

a. Supply all documents, papers and things they have, which are related to the settlement of competition cases; give testimony to the Competition Investigation Agency, the anti-competitive settlement council on all details they know, which are related to the settlement of competition cases;

b. Participate in hearings and give testimony to the anti-competitive settlement council;

c. Be allowed to take leave when they are summoned by or give testimony to the Competition Investigation Agency or the anti-competitive settlement council if they are working for agencies, organizations or enterprises;

d. Be paid for relevant expenses as prescribed by law;

dd. Refuse to give testimony if such testimony is related to State secrets, professional secrets, trade secrets or personal privacy or badly, disadvantageously affects the complainant or investigated party who are their close relatives;

e. Pay damages and take legal liability for their false testimony causing damage to the complainant, investigated party or other entities;

g. Appear at the hearings in response to the summonses of the anti-competitive settlement council if they must give testimony publicly at the hearings;

h. Pledge before the Competition Investigation Agency or the anti-competitive settlement council to exercise their rights and fulfill their obligations, except for minor witnesses;

i. Witnesses shall be protected as per the law.

3. Witnesses who refuse to give testimony, give false testimony, supply false materials or are absent without justifiable reasons when being summoned by the Competition Investigation Agency or the anti-competitive settlement council shall have to bear liability as per the law, except for the case prescribed at Point dd Clause 2 of this Article.

Article 70. Expert witnesses

1. Expert witness is a person who is knowledgeable about an area of expertise at the request of the Head of Competition Investigation Agency or the anti-competitive settlement council or at the request of the involved parties in a case where the Head of Competition Investigation Agency or anti-competitive settlement council refuses the solicitation of expert opinion.

2. An expert witness shall have rights and obligations to:

a. Read documents in the competition case dossier which are related to the subject matters requiring expert opinions; to request the relevant entities, the expertise solicitor to supply documents necessary for giving expert opinions;

b. Raise questions to the participants in competition legal proceedings on matters related to subject matters requiring expert opinions;

c. Appear in response to the summonses of the competition presiding agencies c, give answers on matters related to the expertise as well as make expertise conclusions in an honest, grounded and objective manner;

d. Notify in writing the expertise solicitor of the impossibility to perform expertise because the subject matters requiring expert opinions fall beyond their professional capability or the supplied documents are not enough or are of no use for expertise;

dd. Preserve the received documents and return them to the expertise solicitor together with the expertise conclusions or the notice on the impossibility to perform expertise;

e. Not to collect by themselves documents for expertise, not to privately contact other participants in competition legal proceedings if such contact affects the impartiality of the expertise results; not to disclose information they know during the expertise, not to notify the expertise results to other persons, except for presiding agencies, expertise solicitor in a case where the Head of Competition Investigation Agency, anti-competitive settlement council refuses the solicitation of expert opinion;

g. Be paid for relevant expenses as prescribed by law.

3. Expert witnesses who refuse to give expertise conclusions without justifiable reasons or give false expertise conclusions or are absent without justifiable reasons when summoned by competition presiding agencies shall have to bear liability as per the law.

4. An expert witness must refuse to participate in competition legal proceedings or be replaced in the following cases:

a) He/she is the complainant, investigated party, person with relevant rights and obligations or relative of the complainant, investigated party, person with relevant interests;

b) He has participated in competition legal proceedings as a protector of legitimate rights and interests, witness or interpreter in the same competition case;

c) There are obvious grounds to believe that he/she is biased when performing his/her duties.

Article 71. Interpreters

1. Interpreter is a person who is capable of translating a language other than Vietnamese into Vietnamese and vice versa in case where participants in competition legal proceedings cannot use Vietnamese. The interpreter may be requested by Competition Investigation Agency, the anti-competitive settlement council or selected by the complainant, investigated party or person with relevant rights and obligations or agreed upon by involved parties with approval of the Competition Investigation Agency or the anti-competitive settlement council.

2. An interpreter shall have rights and obligations to:

a. Appear in answer to the summonses;

b. Interpret in a truthful, objective and accurate manner;

c. Ask competition presiding officers, participants in competition legal proceedings to clarify the contents to be interpreted;

d. Not to contact other participants in competition legal proceedings if such contact may affect the truthfulness, objectivity and accuracy of the interpretation;

dd. Be paid for relevant expenses as prescribed by law.

3. The expert witness must refuse to participate in competition legal proceedings or be replaced in the following cases:

a) He/she is the complainant, investigated party, person with relevant rights and obligations or relative of the complainant, investigated party, person with relevant interests;

b) He has participated in competition legal proceedings as a protector of legitimate rights and interests or expert witness in the same competition case;

c) There are obvious grounds to believe that he/she is biased when performing his/her duties.

4. The provisions of this Article also apply to those who understand the sign language of participants in competition legal proceedings with hearing or speech impairments. Where only the representatives or relatives of participants in competition legal proceedings with hearing or speech impairments can understand the latter’s sign language, they may be accepted by the Competition Investigation Agency or the competition settlement council to act as interpreters for such hearing/speech-impaired persons.

Article 72. Persons with relevant rights and obligations

1. Persons with rights and obligations related to a competition case are those who do not complain about the competition case or are not the investigated party, yet the settlement of the competition case is related to their rights and obligations. Therefore, they propose themselves or are requested by the complainant or the investigated party and accepted by the Competition Investigation Agency or the anti-competitive settlement council for participation in the procedures as persons with related rights and obligations, or are requested by the Competition Investigation Agency or the anti-competitive settlement council to participate in the procedures as persons with related rights and obligations.

2. Persons with related interests, obligations may file independent claims or participate in competition legal proceedings on the side of the complainant or investigated party.

The procedures for filing independent claims shall be compliant with procedures for competition claims.

3. Persons with related interests, obligations who file independent claims, participate in competition legal proceedings on the side of the complainant or persons with interests only shall have the rights and obligations prescribed in Clause 1 and Clause 4 Article 67 of this Law.

4. Persons with related interests, obligations who participate in competition legal proceedings on the side of the investigated parties or persons with obligations only shall have the rights and obligations prescribed in Clause 3 and Clause 4 Article 67 of this Law.

Article 73. Refusing expertise, interpretation or requesting replacement of expert witnesses or interpreters

The refusal of expertise or interpretation or request for replacement of expert witnesses or interpreters must be made in writing with clear explanation.

Article 74. Deciding replacement of expert witnesses or interpreters

1. The replacement of expert witnesses or interpreters shall be decided by the Head of Competition Investigation Agency, except for the case prescribed in Clause 2 hereof.

2. During a hearing, the replacement of expert witnesses or interpreters shall be decided by the anti-competitive settlement council.

If it is necessary to replace expert witnesses or interpreters at the hearing, the anti-competitive settlement council shall issue a decision to postpone the hearing. The solicitation of other expert witnesses or appointment of other interpreters shall comply with the provisions of Articles 70 and 71 of this Law.

Section 4. PROCEDURES FOR INVESTIGATION AND SETTLEMENT OF COMPETITION CASES

Article 75. Provision of information on violations

1. An entity when having doubt or detecting signs of violation of the provisions of this Law shall have to notify and provide information and evidence for the National Competition Commission.

2. Organizations and individuals shall be responsible for the truthfulness of the information and evidence provided to the National Competition Commission.

3. When required, the National Competition Commission take necessary measures to ensure the confidentiality of information and identity of the organizations or individuals providing information or evidence.

Article 76. Receipt, verification and evaluation of information on violations

1. The National Competition Commission shall be responsible for receiving, verifying and evaluating information and evidence on violations provided by organizations and individuals.

2. The National Competition Commission shall have the right to request the organizations and individuals specified in Clause 1 Article 78 of this Law to provide further information, documents and evidence to clarify signs of violation.

Article 77. Complaints against competition cases

1. Organizations and individuals assuming that their rights and interests are breached due to violations of this Law shall have the right to lodge complaints against competition cases to the National Competition Commission.

2. The time limit for making such a complaint is 3 years since the performance of the acts with signs of violation of competition law.

3. A complaint dossier shall include:

a) A written complaint, using the form issued by the National Competition Commission;

b) Evidence to prove that contents of the complaint have grounds and legality;

c) Other relevant information (if any) that the complainant considers necessary for settlement of the case.

4. The complainant shall be responsible for the truthfulness of the information and evidence provided to the National Competition Commission.

Article 78. Receipt and verification of complaint dossiers

1. Within 7 days from receipt of the complaint dossier, the National Competition Commission shall verify if the complaint dossier is complete and valid; if it is complete and valid, the National Competition Commission shall notify the complainant and the respondent as the acknowledgement of complaint dossier.

2. Within 15 days from the notices given to relevant parties prescribed in Clause 1 of this Article, the National Competition Commission shall assess the complaint dossier; if it fails to meet requirements prescribed in Clause 3 Article 77 of this Article, the National Competition Commission shall notify the complainant in writing of amendments to the complaint dossier.

The time limit for amendments to the complaint dossier is 30 days from the date of receiving the Commission’s written notice of the amendments. The Commission may extend the time limit for amendments for only 1 time of no more than 15 days at the request of the complainant.

3. Within the time limits set out in Clauses 2 and 3 of this Article, the complainant shall have the right to withdraw the complaint dossier and the National Competition Commission may stop the assessment of the complaint dossier.

Article 79. Return of complaint dossiers

The National Competition Commission shall return a complaint dossier in the following cases:

1. The time limit for making complaint is expired;

2. The complaint does not fall under the authority of the National Competition Commission;

3. The complainant does not amend the complaint dossier according to the provisions of Clause 2 Article 78 of this Law;

4. The complainant withdraws the complaint dossier.

Article 80. Competition investigation decisions

The Head of the Competition Investigation Agency shall issue a competition investigation decision in the following cases:

1. The complaint against a competition case satisfies the requirements prescribed in Article 77 of this Law and does not fall under Article 79 of this Law;

2. The National Competition Commission detects signs of violation of competition law within 3 years from the date the acts with signs of violation are committed.

Article 81. Competition investigation time limit

1. The time limit for investigation of an anti-competitive case is 9 months from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 3 months.

2. The time limit for investigation of a case in which a violation of economic concentration is found is 90 days from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 60 days.

3. The time limit for investigation of an unfair competition case is 60 days from the date of investigation decision; in case of complicated case, it may be extended once but not exceeding 45 days.

4. The extension of the investigation time limit must be notified to investigated party and concerned parties within 7 working days before the expiry date of the investigation.

Article 82. Application of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases

1. During the investigation and settlement of competition cases, the President of the National Competition Commission, within his/her competence, shall require competent authorities to apply measures to prevent and guarantee imposition of sanctions against administrative violations in accordance with law on sanctions against administrative violations:

a) Temporarily seizing exhibits and means of violations, licenses, practicing certificates;

b) Searching means of transport and objects;

c) Searching locations suspected to store exhibits and means of violations.

2. The Government shall set forth procedures for application of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases.

Article 83. Taking of testimonies

1. Investigators shall take testimonies of complainants, investigated parties, persons with related rights and obligations, witnesses, concerned organizations and individuals in order to gather and verify necessary information and evidence for settling competition cases.

2. The taking of testimony provided in Clause 1 of this Article shall be conducted at the headquarters of the National Competition Commission. In necessary circumstances, the testimonies may be taken outside the headquarters of the National Competition Commission.

3. The written record of the testimonies must be read by or to givers of testimonies, and be signed or fingerprinted by them. Givers of testimonies have the right to request amendments to the written record of the testimonies and sign or fingerprint on the amended/supplemented parts. The record must bear signatures of the testimony taker and the recorder on every page.

4. If the giver of testimonies refuses to sign or fingerprint the record, the investigator shall take the testimonies and sign the record and provide explanation.

Article 84. Summoning witnesses during investigation

1. The person who requests summoning a witness shall give explanation to the Competition Investigation Agency for consideration.

2. Testimonies taken from the witness shall be recorded as prescribed in Article 83 of this Law.

Article 85. Transfer of competition dossiers showing criminal signs

1. During the investigation, in a case where signs of crime are detected, investigators must report it to the Head of the Competition Investigation Agency for consideration and requesting the President of the National Competition Commission to transfer all or part of the relevant dossier to the competent regulatory body for settlement according to the legal provisions.

2. Where there is no ground or no criminal proceedings shall be instituted against a violation of competition regulations, the competent authority shall return the dossier to the National Competition Commission to continue the investigations in accordance with this Law. The investigation time limit shall commence from the date on which the National Competition Commission receives the dossier back.

Article 86. Suspension of investigation

The Head of the Competition Investigation Agency shall issue a decision to suspend the investigation of a competition case in the following cases:

1. Evidence to prove violations cannot be taken as prescribed in this Law;

2. The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures which are approved by the Competition Investigation Agency;

3. The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures which are approved by the Competition Investigation Agency.

Article 87. Re-establishment of investigation

1. The Head of the Competition Investigation Agency shall, on his own or at the request of the President of the National Competition Commission/of any involved party, re-establish the investigation in the following cases:

a) The investigated party fails to comply or complies in an incorrect and incomplete manner with the commitments as prescribed in Clauses 2 and 3 Article 86 of this Law;

b) The investigated party’s decision to accept commitments is based on incomplete, inaccurate or misleading information provided by involved parties.

2. The investigation time limit after the decision on re-establishment of investigation is issued is 4 months.

Article 88. Investigation reports

1. Investigators shall make an investigation report upon completion of the investigation which contains the following key contents and send it to the Head of Competition Investigation Agency:

a) A brief description of the case;

b) Determination of the violation;

c) Verified details and evidence;

d) Proposed handling measures.

2. The Head of the Competition Investigation Agency shall have to sign investigation conclusions and submit the competition case dossier, investigation report and investigation conclusions to the President of the National Competition Commission for settlement in accordance with this Law.

Article 89. Settlement of violation of economic concentration regulations

1. Within 30 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall issue a decision to:

a) settle a violation of economic concentration regulations;

b) request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 30 days from the date of decision; or

c) suspend the settlement of a violation of economic concentration regulations.

2. Time limit for settlement of a violation of economic concentration regulations in case of further investigation is 20 days from the date on which the dossier, investigation report and investigation conclusions are received.

Article 90. Settlement of an unfair competition case

1. Within 15 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall issue a decision to:

a) settle the unfair competition case;

b) request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 30 days from the date of decision; or

c) suspend the settlement of the unfair competition case.

2. Time limit for settlement of an unfair competition case in case of further investigation is 10 days from the date on which the dossier, investigation report and investigation conclusions are received.

Article 91. Settlement of an anti-competitive case

1. Within 15 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall establish an anti-competitive settlement council.

2. Within 30 days from the date of establishment, the anti-competitive settlement council may request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 60 days from the date of request.

3. Within 60 days from the date on which the council is established or the report and conclusions on further investigation are received, the anti-competitive settlement council shall issue a decision to suspend the settlement of competitions case as prescribed in Article 92 of this Law or to issue a settlement decision as prescribed in Article 94 of this Law.

4. Before issuing a decision on settlement of anti-competitive case, the anti-competitive settlement council shall open a hearing as prescribed in Article 93 of this Law.

5. The anti-competitive settlement council shall issue a decision on settlement on anti-competitive case according to discussion, ballot and decision on the majority rule.

Article 92. Suspension of competition case settlement

1. The President of the National Competition Commission shall decide to suspend the settlement of violations of economic concentration regulations and unfair competition cases in the following cases:

a) The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures;

b) The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures.

2. The anti-competitive settlement council shall decide to suspend the settlement of anti-competitive cases in the following cases

a) The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures;

b) The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures.

The decision on suspension of competition case settlement must be sent to the complainant, the investigated party and made public.

Article 93. Hearings

1. Within 15 days before expiry of time limit prescribed in c, 3 Article 91 of this Law, the anti-competitive settlement council shall open a hearing.

2. Such hearing shall be held in public. Where the contents of the hearing are related to national secrets or trade secrets, the hearing shall be held in confidentiality.

3. The decision to open the hearing and invitations to the hearing must be sent to the complainant, the investigated party and related organizations and individuals within 5 working days before the opening of the hearing. If they are absent in the hearing without justifiable reasons or still absent in second hearing although they are summoned validly, the anti-competitive settlement council shall still settle the competitions case as prescribed.

4. Participants in the hearing:

a) Members of the anti-competitive settlement council;

b) The complainant;

c) The investigated party;

d) Protectors of the legitimate rights and interests of the complainant or the investigated party;

dd) The Head of Competition Investigation Agency and investigators who have investigated the competition case;

e) Hearing clerks;

g) Person with relevant rights and obligations and others listed in the hearing opening decision.

5. At the hearing, participants shall present and discuss to protect their rights and legitimate interests. Opinions and arguments presented at the hearing must be recorded.

Article 94. Settlement decision

1. A settlement decision shall at least contain:

a) A brief description of the case;

b) Analysis of the case;

c) Conclusion of the case.

2. The settlement decision shall be served to relevant organizations and individuals within 5 working days from the date of signing.

3. The settlement decision shall be served by one of the following methods:

a) Personal service;

b) Service by post;

c) Service through an authorized third party.

4. If the settlement decision cannot be served using one of the methods prescribed in Clause 3 of this Article, it shall be put up publicly or announced by means of mass media.

Article 95. Effect of settlement decision

A settlement decision shall take effect from the expiry of a complaint period as prescribed in Article 96 of this Law, except for the case prescribed in Clause 2 Article 99 of this Law.

Section 5. HANDLING OF COMPLAINTS AGAINST SETTLEMENT DECISIONS

Article 96. Complaining about a settlement decision

In case of disagreement with a part or the whole of a settlement decision, the organizations or individuals may lodge a complaint with the President of the National Competition Commission within 30 days after receiving the settlement decision.

Article 97. Complaints against settlement decisions

1. A complaint against a settlement decision must at least contain:

a) Date of the complaint;

b) Name and address of the complainant;

c) Code and date of the settlement decision against which the complaint is filed;

d) Grounds for complaint and requests of the complainant;

dd) Signature and seal (if any) of the complainant.

2. The complaint against a settlement decision must be sent to together with additional evidence (if any) proving that the complaint is well-grounded and lawful.

Article 98. Processing of complaints against settlement decisions

Within 10 days after receiving a complaint, the President of the National Competition Commission shall process the complaint and notify the complainant and related parties in writing of the contents of the complaint; in case of refusal, the President of National Competition Commission shall provide explanation in writing.

Article 99. Consequences of complaints against settlement decisions

1. A settlement decision against which a complaint is filed shall continue to be enforced except for the cases stipulated in Clause 2 of this Article.

2. During the handling of complaints, if deeming that the implementation of a part or the whole of complained settlement decision shall result in consequences difficult to remedy, the President of the National Competition Commission shall decide to temporarily suspend the implementation of a part or the whole of such decision. The suspension decision issued by the President of National Competition Commission shall cease to be effective from the date on which the decision on handling of above-mentioned complaint take effect.

Article 100. Handling of complaints against settlement decisions

1. Handling of complaints against settlement decisions:

a) Within 5 working days from acceptance of a complaint, the President of National Competition Commission shall decide to set up a complaint handling council composed of the President of the National Competition Commission and all members of the National Competition Commission, except for members who have participated in the anti-competitive settlement council;

b) The decision on handling of the complaint must be voted by at least two thirds of total members of the complaint handling council.

The decision on handling of complaint shall be adopted by voting under majority rule; in the event of equal votes, the chairperson of the council shall have the deciding vote;

c) The time limit for handling of complaints is 30 days from the date on which the decision on establishment of the complaint handling council is issued.

2. Handling of complaints against decisions on settlement of violations of economic concentration regulations or unfair competition:

a) After receiving a complaint, the President of the National Competition Commission shall have to handle the complaint within his/her competence;

b) The time limit for handling of complaints is 30 days from the date on which the complaint is accepted.

3. In complicated cases, the time limit for handling complaint prescribed in Clauses 1 and 2 of this Article may be extended but for no more than 45 days.

Article 101. Handling of complaints against settlement decisions

1. Uphold the settlement decision.

2. Amend a part or the whole of the settlement decision.

3. Cancel the settlement decision for re-settlement in any of the following cases:

a) The composition of the anti-competitive settlement council does not comply with this Law;

b) There is a serious violation against competition legal proceedings;

c) There are new facts leading possibly basic changes of the settlement decision that are not found during the investigation.

4. If the settlement decision is cancelled as prescribed in Article 3 of this Article, the President of National Competition Commission shall return the dossier in question to the Competition Investigation Agency or set up an anti-competitive settlement council as prescribed in this Law. A member of the anti-competitive settlement council or an investigator who commits a violation prescribed in Point a and b Clause 3 of this Article shall not be allowed to keep participating in investigation and settlement of this case.

Article 102. Effect of complaint handling decisions

1. A decision on handling of the complaint against settlement decision shall take effect from the day on which it is signed.

2. Within 5 working days from the date of signing, the decision on handling of the complaint against settlement decision shall be sent to relevant entities for further enforcement.

Article 103. Initiation of a lawsuit against complaint handling decisions

1. In case of disagreement with a complaint handling decision, the related party may initiate a lawsuit against a part or the whole of the contents of such decision to the competent court as prescribed in the Law on Administrative Proceedings within 30 days from the date of receiving the decision.

2. If the court accepts the lawsuit petition as prescribed in Clause 1 of this Article, the National Competition Commission shall transfer the competition dossier to the court within 10 days from the date on which the court's request is received.

Section 6. ANNOUNCEMENT OF DECISIONS OF NATIONAL COMPETITION COMMISSION

Article 104. Decisions to be announced

1. The following decisions must be announced, except for the contents prescribed in Article 105 of this Law:

a) Decision on exemption for prohibited anti-competitive agreements;

b) Decision on economic concentration;

c) Decision on competition case settlement;

d) Decision on suspension of competition case settlement;

dd) Decision on handling complaints against settlement decisions.

2. The National Competition Commission shall announce the decisions referred to in Clause 1 of this Article only after they have taken effect.

Article 105. Contents not to be disclosed

The President of the National Competition Commission shall decide the contents related to State secrets or trade secrets which are not to be disclosed in the decisions specified in Clause 1 Article 104 of this Law.

Article 106. Posting of contents to be announced

The contents allowed to be announced in the decisions referred to in Clause 1 Article 104 of this Law shall be posted on the website of the National Competitive Commission for a period of 90 consecutive days after such decisions take effect.

Article 107. Announcement and publication of annual performance reports of the National Competition Commission

The National Competition Commission shall announce and publish its annual performance reports on its website.

Section 7. INTERNATIONAL COOPERATION IN COMPETITION LEGAL PROCEEDINGS

Article 108. International cooperation in competition legal proceedings

1. The National Competition Commission shall conduct cooperation activities with foreign competition authorities in the course of competition legal proceedings in order to promptly detect, investigate and handle acts with signs of violation of competition law.

2. The scope of international cooperation in competition legal proceedings includes consultation, exchange of information and materials or other appropriate international cooperation activities in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 109. Principles of international cooperation in competition legal proceedings

1. International cooperation in competition legal proceedings shall be conducted on the principle of respect for each other's independence, sovereignty and territorial integrity, non-interference in each other's internal affairs, equality and mutual benefit, in conformity with Vietnamese Constitution, laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. In cases where Vietnam has not yet signed or joined related international treaties, international cooperation in competition legal proceedings shall be conducted on the principle of reciprocity but not contrary to Vietnamese laws, and in conformity with international laws and practices.