Chapter VI
COMPETITION-RELATED PROCEEDINGS
Section 1. EVIDENCES
Article 17. Rights and obligations to provide evidences
1. The claimant shall have the right and obligation to find and submit documents and evidences that show that they file their complaint on sufficient grounds and in a legitimate manner.
2. Persons with related interests and obligations who file their independent claims shall have the right and obligation to provide documents and evidences proving that their claims are well-grounded and lawful.
3. The defendant, the examinee or the person with related rights and obligations that opposes any complaint or claim of another person against himself/herself shall have the right to prove that such opposition is well-grounded and shall be obliged to provide evidences for such opposition.
4. Authorities conducting investigations into competition-related cases shall be obligated to find evidences for competition-related violations in the cases specified in clause 2 of Article 80 in the Competition Law.
Article 18. Facts and events requiring no evidence
Facts and events requiring no evidence, including:
1. Clear facts and events that are known to all people and recognized by the Commission for Handling of Competition Restriction Cases or the National Competition Commission.
2. Facts and events that have been documented and notarized or lawfully authenticated. In case of doubting the authenticity of documentary facts and events, the National Competition Commission may request agencies, organizations and individuals that have provided and submitted documents to present main and original ones.
3. If a defendant, examinee or person with relevant interests and obligations admits or does not object to the fact, event, record and document that the other party submits, the latter shall not be required to provide evidence. If a defendant, examinee or person with relevant interests and obligations has their representative involved in the court proceedings, any admission or objection by the representative shall be deemed as the litigant’s admission within the representative's delegated authority.
Article 19. Submission of evidences
1. Participants in competition-related legal proceedings specified in Article 66 of the Competition Law, except for interpreters, shall have the right and obligation to hand over documents and evidence to the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases during the process of investigation into and handling of competition cases.
2. Submission of evidences specified in clause 1 of this Article must be recorded. The record must clearly state the name, form, content and characteristics of the evidence; the number of copies, the number of pages of documentary evidence and time of receipt; signature or fingerprint of the sender and the signature of the recipient and the seal of the Competition Investigation Agency and the National Competition Commission. The record must be made into two copies, including one to be kept in the dossiers of competition cases and the other to be deposited with the party submitting evidence.
3. Documents and evidences written in ethnic minority or other foreign languages must enclose copies of lawfully notarized and authenticated Vietnamese translations.
4. The time limit for submitting and handing over documents and evidences must not exceed the time limit for investigation specified in Articles 81 and 87 of the Competition Law, the time limit for supplementary investigation prescribed in Articles 89, 90 and 91 of the Competition Law or at the request of the President of the National Competition Commission and the Commission for Handling of Competition Restriction Cases.
Article 20. Expertise solicitation or request
1. The claimant, the defendant, the examinee or the person with related rights and obligations shall have the right to request the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases to solicit expertise or, of their own accord, request expertise in case the Head of the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases refuses to solicit expertise. The right to request expertise shall be exercised within the time limit for investigation into and handling of competition cases.
2. At the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall make their decision to solicit expertise. The decision to solicit expertise must specify the name and address of the expertise provider, the expertise receiver, subject matters of expertise, and the specific requirements that require the expertise provider’s conclusion.
3. On seeing that expertise conclusions are not clear, at the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall request the expertise provider to explain expertise conclusions and summon the expertise provider to directly report on related matters.
4. At the request of the claimant, the defendant, the examinee or the person with related rights and obligations, or where necessary, the Head of the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall make the decision on supplementary expertise if expertise conclusions are unclear or insufficient, or if new issues arising relate to facts of competition cases that obtain previous expertise conclusions.
5. Re-expertise shall be permitted if it is established that conclusion of the initial expertise is inaccurate or violates law.
Article 21. Solicitation of expertise for allegedly false evidences
1. If the evidence is alleged to be fake, the person who presented that evidence shall have the right to withdraw it; If not doing so, the claimant may request the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases to solicit expertise.
2. In case where it is suspected that the falsification of evidence is an offence, the Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases shall be authorized to carry out their review according to the provisions of criminal proceedings law.
3. The person who submits false evidence must compensate for any likely loss or damage if such falsification causes damage to other organizations and individuals, and must bear the costs of expertise if the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases makes their decision to solicit expertise.
Article 22. Fiduciary duties to collect documents and evidences
1. In the course of handling competition cases, the National Competition Commission may issue their decision to authorize competent agencies defined in Clause 3 of this Article to take testimonies of participants in legal proceedings or perform other measures to collect documents and evidences, verifying all circumstances of competition cases.
2. The decision must specify the name and address of the legal proceedings participant and the specific assigned tasks of collecting documents and evidences.
3. In case where the collection of documents and evidences must be carried out overseas, at the request of the Head of the Competition Investigation Agency, the Commission for Handling of Competition Restriction Cases or the National Competition Commission shall complete entrustment procedures through competent Vietnamese agencies or competent agencies in foreign countries that are also the party, like the Socialist Republic of Vietnam, to relevant treaties, or according to the principle of reciprocity without breach of the law of Vietnam and in accordance with international laws and practices.
4. In case of failure to perform the entrustment as prescribed in Clause 1 of this Article or already perform the entrustment without receiving any response to such entrustment, the National Competition Commission and the Commission for Handling of Competition Restriction Cases shall handle competition-related cases on the basis of information and evidences already existing in the case dossiers.
Article 23. Handling and storage of evidences
1. If the evidence has been filed with the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases, then they shall be responsible for keeping custody thereof.
2. If the evidence is unlikely to be filed with the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases, then the keeper of that evidence shall be responsible for storing it.
3. If the evidence needs to be transferred to the third person to be kept in his/her custody, the Head of the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases shall be responsible for making his/her decision on transfer of such evidence and making the report on such transfer. The custodian of such evidence shall have to sign their name in the report, receiving remuneration and bearing responsibility for custody and preservation of such evidence.
4. All acts of destruction of documents and evidences shall be strictly prohibited.
Article 24. Evaluation of evidences
1. Evidence evaluation must be sufficient, objective, comprehensive and accurate.
2. The Competition Investigation Agency and the Commission for Handling of Competition Restriction Cases must assess each evidence, the relationship between evidences, and confirm the legal validity of each evidence.
Article 25. Announcement and use of evidences
1. All evidences must be announced and used publicly, except in the cases specified in clause 2 and 3 of this Article.
2. The President of the National Competition Commission or the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases shall not be allowed to publicly announce and use the following evidences:
a) Evidences classified as state secrets prescribed by law;
b) Evidences related to traditional customs, professional secrets, business know-how, personal secrets at the legitimate request of participants in competition legal proceedings.
3. Where necessary, the President of the National Competition Commission or the Competition Investigation Agency or the Commission for Handling of Competition Restriction Cases shall be entitled to announce and use some, part or all of evidences at the time appropriate for investigations and handling of competition cases.
4. Entities or persons conducting legal proceedings and participants in legal proceedings must protect the confidentiality of the evidences falling in cases where non-disclosure and public use thereof as specified in Clause 2 of this Article in accordance with law are prohibited.
Section 2. MEASURES FOR PREVENTION AND GUARANTEE OF HANDLING OF ADMINISTRATIVE VIOLATIONS ARISING FROM INVESTIGATION INTO AND HANDLING OF COMPETITION CASES
Article 26. Procedures for requesting competent authorities to apply measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases
1. The President of the National Competition Commission shall be authorized to request competent authorities in writing to apply measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases.
2. Written request for application of measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases must contain the following main information:
a) Requesting date;
b) Name and address of the enterprise, trade association, entity or person to be subject to measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases;
c) Summary of competition law violation;
d) Reasons for application of measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases;
dd) Time and scope of application of measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases.
3. Within the duration of 3 working days of receipt of the written request, the authority receiving the request must apply measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases. If that authority refuses to the request for application of measures for prevention and guarantee of handling of administrative violations, they must respond to such request in writing, clearly stating reasons for such refusal.
Article 27. Responsibilities for cooperation in implementing measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases
The National Competition Commission shall be responsible for cooperating with competent authorities in applying measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases.
Article 28. Cancellation of application of measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases
In case where reasons for application of measures for prevention and guarantee of handling of administrative violations arising from investigation into and handling of competition cases no longer exist, the President of the National Competition Commission may request a competent authority to remove the applied measures.
Tìm kiếm
Nghị định 35/2020/NĐ-CP (Bản Word)
Nghị định 35/2020/NĐ-CP (Bản Pdf)
