Chương III Nghị định 75/2019/NĐ-CP: Thẩm quyền, thủ tục xử phạt vi phạm hành chính về cạnh tranh

Chapter III

POWER AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMPETITION

Section 1. POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMPETITION

Article 26. Power to impose penalties for violations against regulations on economic concentration and unfair competition

Chairperson of the National Competition Committee shall have the power to:

1. Issue warning;

2. Impose a fine;

3. Impose one or some of the additional penalties prescribed in Points a, b, c Clause 2 Article 3 of this Decree;

4. Enforce one or some of the remedial measures mentioned in Points a, c, dd, e, h, I and k Clause 3 Article 3 of this Decree;

5. Request competent authorities to impose the penalty prescribed in Point d Clause 2 Article 3 of this Decree.

Article 27. Power to impose penalties for violations against regulations on anti-competitive agreements, abuse of dominant position and monopoly position

The anti-competitive case handling council shall have the power to:

1. Issue warning;

2. Impose a fine;

3. Impose the additional penalties prescribed in Points b, c Clause 2 Article 3 of this Decree;

4. Enforce the remedial measures mentioned in Points a, c, d, e, h, i and k Clause 3 Article 3 of this Decree.

Article 28. Power to impose penalties for violations against other regulations on competition

1. On-duty inspectors and persons assigned to carry out specialized inspections in competition sector shall have the power to:

a) Issue warning;

b) Impose fines up to VND 500,000 for violations against regulations on competition committed by individuals and up to VND 1,000,000 for those committed by organizations.

c) Confiscate the exhibits and instrumentalities used for committing administrative violations provided their value does not exceed the fine specified in Point b of this Clause;

d) Enforce the remedial measures mentioned in Point g Clause 3 Article 3 of this Decree.

2. Chief Inspector of the Ministry of Industry and Trade and Chairperson of the National Competition Committee shall have the power to:

a) Issue warning;

b) Impose fines up to VND 100,000,000 for violations against regulations on competition committed by individuals and up to VND 200,000,000 for those committed by organizations;

c) Impose the additional penalties prescribed in Points b, c Clause 2 Article 3 of this Decree;

d) Enforce the remedial measures mentioned in Points a, g and l Clause 3 Article 3 of this Decree.

3. With regard to the violations prescribed in Article 25 of this Decree, Chairperson of the National Competition Committee and anti-competitive case handling council shall have the power to:

a) Issue warning;

b) Impose fines up to VND 25,000,000 for violations against regulations on competition committed by individuals and up to VND 50,000,000 for those committed by organizations;

c) Impose the additional penalties prescribed in Points a, b and c Clause 2 Article 3 of this Decree;

d) Enforce the remedial measures mentioned in Point a Clause 3 Article 3 of this Decree;

dd) Request competent authorities to impose the penalty prescribed in Point d Clause 2 Article 3 of this Decree.

Section 2. PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMPETITION

Article 29. Procedures for imposing penalties for administrative violations against regulations on competition

1. Procedures for imposing penalties for administrative violations against regulations on anti-competitive agreements, abuse of dominant position and monopoly position, economic concentration and unfair competition shall comply with regulations of the Competition Law.

2. Procedures for imposing penalties for administrative violations against other regulations on competition shall comply with regulations of the Law on penalties for administrative violations.

3. Procedures and order for imposing additional penalties, enforcing remedial measures, preventive measures and measures for ensuring the enforcement of penalties in the course of imposing penalties for administrative violations against regulations on competition shall comply with regulations of the Competition Law and the Law on penalties for administrative violations.

Article 30. Power to record violations against other regulations on competition

When detecting any violations against other regulations on competition as prescribed in Section 5 Chapter II of this Decree, inspectors, persons assigned to carry out specialized inspections, heads of authorities in charge of investigation into competition cases, and clerks of court hearings must record administrative violations.

Section 3. PROCEDURES FOR IMPLEMENTING DECISIONS ON SETTLEMENT OF COMPETITION CASES AND DECISIONS ON IMPOSITION OF PENALTIES FOR VIOLATIONS AGAINST OTHER REGULATIONS ON COMPETITION

Article 31. Abiding by decisions on settlement of competition cases and decisions on imposition of penalties for violations against other regulations on competition

1. Any violating enterprise must abide by the decision on settlement of competition case made by the anti-competitive case handling council or of the Chairperson of the National Competition Committee within 15 days from the date on which such decision takes legal effect.

2. Any entity that commits any of the violations against other regulations on competition as prescribed in Section 5 Chapter II of this Decree is required to abide by the decision on imposition of penalties for that violation within 10 days from the date of receipt of that decision.

Article 32. Payment of fines

The violating entities that incur fines according to decisions on settlement of competition cases or decisions on imposition of penalties for violations against other regulations on competition shall make payment of fines to the State Treasury specified in such decisions.

Article 33. Implementation of decisions on settlement of competition cases

1. After the time limit specified in Article 31 of this Decree expires, if a decision debtor neither voluntarily implements the decision nor makes a complaint to the Chairperson of the National Competition Committee in accordance with regulations in Article 96 of the Competition Law, the decision creditor is entitled to request the competition authority prescribed in Clause 2 or Clause 3 of this Article in writing to enforce the decision on settlement of competition case within the ambit of its assigned functions, duties and powers.

2. Competent authorities shall revoke enterprise registration certificates or equivalent documents that they issued to the enterprises committing violations against regulations on competition at the request of anti-competitive case handling councils or Chairperson of the National Competition Committee as specified in decisions on settlement of competition cases.

3. Other competent authorities shall organize the implementation of measures for enforcing the restructuring of enterprises that have abused their dominant position, full/partial division of transferee or consolidated enterprises, or transfer/sale of capital and assets that violating enterprises purchased at the request of anti-competitive case handling councils or Chairperson of the National Competition Committee as specified in decisions on settlement of competition cases.

4. The civil enforcement agency of each province or central-affiliated city where the headquarters, residence or other assets of the relevant decision debtor is located shall organize the implementation of assets-related contents of the decision on settlement of competition case at the request of the decision creditor.