Nghị định 03/2023/NĐ-CP về chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ủy ban Cạnh tranh Quốc gia

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

1. Viet Nam Competition Commission Organize is an agency of the Ministry of Industry and Trade of Vietnam in charge 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; providing advice for and assisting the Minister of Industry and Trade of Vietnam in performing state management of competition, protection of consumer rights and multi-level marketing operations.

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;

d) Resolve competition cases in accordance with regulations of law;

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.

2. Control economic concentration activities in accordance with regulations of law on competition; receive and handle economic concentration notification dossiers, carry out appraisal and issue decisions on economic concentration in accordance with regulations of law.

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.

5. Deputy Chairperson(s) of VCC shall assume responsibility before the VCC's chairperson for performance of their assigned tasks.

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.

2. A number of divisions of the competition case investigation agency shall be established according to decision of the Minister of Industry and Trade of Vietnam. The competition case investigation agency has juridical person status and its own seal, and is allowed to open account(s) at the State Treasury in accordance with regulations of law.

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.

Article 7. Implementation

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.