Decree 03/2023/ND-CP the functions, tasks, powers and organizational structure of the Vietnam Competition Commission

DECREE

Defining the functions, tasks, powers and organizational structure of the Vietnam Competition Commission^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 12, 2018 Competition Law;

Pursuant to the November 17, 2010 Law on Protection of Consumer Rights;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Vietnam Competition Commission.

Article 1. Position and functions

1. The Vietnam Competition Commission is an agency under the Ministry of Industry and Trade, performing the functions of carrying out competition legal proceedings, controlling economic concentration, deciding on exemptions for prohibited cartels, and settling complaints about competition case-handling decisions in accordance with law; advising and assisting the Minister of Industry and Trade in performing the state management of competition, protection of consumer rights and management of multi-level marketing activities.

Vietnam Competition Commission is its international transaction name, abbreviated as VCC.

2. The Vietnam Competition Commission has the legal person status and its seal bearing the national emblem, and may open its account at the State Treasury. The funds for operation of the Vietnam Competition Commission shall be allocated from the state budget.

The head office of the Vietnam Competition Commission is located in Hanoi.

Article 2. Tasks and powers

The Vietnam Competition Commission shall perform the following tasks and exercise the following powers:

1. Regarding competition legal proceedings

a/ To detect, verify and evaluate information and evidences about acts showing signs of violation of the competition law;

b/ To receive, verify and evaluate information and evidences on acts showing signs of violation of the competition law which are provided by organizations and individuals; to receive, examine and process files of complaint about competition cases;

c/ To investigate competition cases in accordance with law;

d/ To handle competition cases in accordance with law;

dd/ To receive, accept and settle complaints about competition case-handling decisions in accordance with law;

e/ To participate in administrative procedures related to complaint settlement decisions of the Chairperson of the Vietnam Competition Commission or the Council for handling of competition restraint-related cases in accordance with the law on administrative procedures;

g/ To request competent agencies or persons to coordinate in and support the investigation and handling of competition cases; to request agencies, organizations and individuals to provide information and documents related to competition cases;

h/ To request competent agencies to apply measures to deter, and secure the handling of, administrative violations during the investigation and handling of competition cases in accordance with the law on handling of administrative violations;

i/ To cooperate with foreign competition authorities in the process of carrying out competition legal proceedings in accordance with law;

k/ To coordinate with competent state agencies in the investigation and handling of violations of the competition regulations that show signs of crime;

l/ To receive and consider applications for leniency, and decide on the exemption from or reduction of fines according to the leniency policy provided in the competition law;

m/ To sanction administrative violations according to its competence, and request competent state agencies to apply a number of additional sanctions and remedial measures to violations of the competition law;

n/ To perform other tasks related to competition proceedings in accordance with the competition law.

2. To control economic concentration activities in accordance with the competition law; to receive and process dossiers of notification of economic concentration; to review, and decide on, economic concentration in accordance with law.

3. To receive, process and appraise dossiers of request for exemption for prohibited cartels, and decide on exemption for prohibited cartels in accordance with law.

4. To supervise, detect, verify and handle, or propose competent agencies to handle, violations related to acts performed by state agencies to hinder competition in the market and other prohibited competition-related acts committed by organizations and individuals.

5. To perform the tasks of state management of competition, protection of consumer rights, and management of multi-level marketing activities in accordance with law.

6. To perform other tasks and exercise other powers assigned by the Minister of Industry and Trade in accordance with law.

Article 3. Chairperson and Vice Chairpersons of the Vietnam Competition Commission

1. The Chairperson of the Vietnam Competition Commission is the head of the Commission, who shall take responsibility before law for the organization and operation of the Commission.

2. The Chairperson of the Vietnam Competition Commission shall submit to the Minister of Industry and Trade for promulgation the Regulation on organization and operation of the Vietnam Competition Commission.

3. The Chairperson of the Vietnam Competition Commission shall appoint and relieve from duty the head and deputy heads of the investigation body for competition cases and investigators of completion cases.

4. Vice Chairpersons of the Vietnam Competition Commission shall be appointed and relieved from duty by the Minister of Industry and Trade at the proposal of the Chairperson of the Vietnam Competition Commission to advise and assist the Chairperson of the Vietnam Competition Commission in performing the state management of competition, protection of consumer rights and management of multi-level marketing activities within the ambit of their assigned tasks.

5. Vice Chairpersons of the Vietnam Competition Commission shall take responsibility before the Chairperson of the Vietnam Competition Commission for their assigned fields of work.

Article 4. Members of the Vietnam Competition Commission, persons conducting competition legal proceedings, and persons participating in competition legal proceedings

1. The Vietnam Competition Commission has at most 15 members, including the Chairperson, one or a number of Vice Chairperson(s) and other members.

2. Members of the Vietnam Competition Commission shall participate in competition legal proceedings as assigned by the Chairperson of the Vietnam Competition Commission.

3. Members of the Vietnam Competition Commission, persons conducting competition legal proceedings, expert witnesses, interpreters and witnesses are entitled to remuneration under the Prime Minister’s Decision.

Article 5. Organizational structure

1. The assisting apparatus shall perform the Vietnam Competition Commission’s functions of carrying out competition legal proceedings, controlling economic concentration, deciding on exemptions for prohibited cartels, and settling complaints about competition case-handling decisions in accordance with law, and be composed of:

a/ The investigation body for competition cases;

b/ The Secretariat of Councils for handling of competition cases;

c/ The Competition Supervision Board.

2. The investigation body for competition cases may organize divisions. The Minister of Industry and Trade shall decide on the number of divisions under the investigation body for competition cases. The investigation body for competition cases has the legal person status and its own seal, and may open its account at the State Treasury in accordance with law.

3. A number of units under the Vietnam Competition Commission shall perform the function of state management of competition, protection of consumer rights, and management of multi-level marketing activities falling within their competence as defined by the Ministry of Industry and Trade.

Article 6. Effect

1. This Decree takes effect on April 1, 2023.

2. The following documents cease to be effective on the effective date of this Decree:

a/ The Government’s Decree No. 07/2015/ND-CP of January 16, 2015, defining the functions, tasks, powers and organizational structure of the Competition Council;

b/ The Prime Minister’s Decision No. 24/2015/QD-TTg of June 30, 2015, promulgating the Regulation on organization and operation of the Competition Council.

3. To replace the phrase “the Vietnam Competition and Consumer Authority” in Clause 2, Article 54, and the Appendix to, the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on the management of multi-level marketing activities, with the phrase “the Vietnam Competition Commission”.

4. To replace the phrase “the Vietnam Competition Authority” in Clause 1, Article 34 of the Government’s Decree 99/2011/ND-CP of October 27, 2011, detailing and guiding the implementation of a number of articles of the Law on Protection of Consumer Rights, with the phrase “the Vietnam Competition Commission”.

5. To replace the phrase “the Vietnam Competition and Consumer Authority” in Clause 1, Article 1 of the Government’s Decree 54/2020/ND-CP of May 18, 2020, amending and supplementing a number of articles of the Government’s Decree No. 127/2015/ND-CP of December 14, 2015, on inspection organization and activities in the industry and trade sector, with the phrase “the Vietnam Competition Commission”.

Article 7. Implementation responsibility

1. The Minister of Industry and Trade shall specifically define the functions, tasks, powers and organizational structure of the Vietnam Competition Commission which shall perform the state management of competition, protection of consumer rights and management of multi-level marketing activities.

2. The Ministry of Home Affairs shall guide the title-based allowance regime applicable to the Vietnam Competition Commission and holders of leading and managerial positions of units under the Vietnam Competition Commission.

3. The Minister of Industry and Trade, other ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and the Chairperson of the Vietnam Competition Commission shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG