Decree No. 119/2011/ND-CP dated December 16, 2011 of the Government amending and supplementing administrative procedures provided in the Government’s Decree No. 116/2005/ND-CP of September 15, 2005, detailing the implementation of a number of articles of the Law on Competition

THE GOVERNMENT

Decree No. 119/2011/ND-CP of December 16, 2011, amending and supplementing administrative procedures provided in the Government’s Decree No. 116/2005/ND-CP of September 15, 2005, detailing the implementation of a number of articles of the Law on Competition

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 3, 2004 Law on Competition;

At the proposal of the Minister of Industry and Trade;

DECREES:

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 116/2005/ND-CP of November 15, 2005, detailing the implementation of a number of articles of the Law on Competition

1. To amend and supplement Article 38 as follows:

“Article 38. Notification and replies to notification of economic concentration”

1. Dossiers for notification of economic concentration of enterprises joining the economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.

2. Replies to economic concentration notifications shall be issued in writing.

3. The competition-managing agency’s written replies to economic concentration notifications must be addressed to the following subjects:

a/ The business registration agency and other agencies competent to permit merger, consolidation, acquisition or joint venture under law;

b/ Lawful representatives of the parties to economic concentration;

c/ Parties to economic concentration.”

2. To amend Clause 1, Article 40 as follows:

“1. Explanatory reports on the satisfaction of conditions for exemption must be made by enterprises themselves and these enterprises shall be responsible for contents of their reports.”

3. To add the following Clauses 3 and 4 to Article 40:

“3. Explanatory reports of the parties intended to enter into agreements on competition restraint or economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.

4. In the course of evaluation of explanatory reports on the satisfaction of conditions for exemption, competition-managing agencies may consult science and technology institutions and research and development institutions.”

4. To amend Point i, Clause 1, Article 45 as follows:

“i) Signature or fingerprint of the complainant, for individual complainants; signature and seal of the lawful representative of the complainant, for institutional complainants (applicable to dossiers not submitted electronically)

5. To add the following Clause 3 to Article 45:

“3. Complainants may submit complaint dossiers directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises. The complainants are responsible for contents of the dossiers.”

Article 2. Effect

This Decree takes effect on February 1, 2012.

Article 3. Implementation responsibility

1. The Minister of Industry and Trade shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG