Decree No. 03/2023/NĐ-CP stipulates the functions, tasks, powers, and organizational structure of the National Competition Commission

DECREE

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE NATIONAL COMPETITION COMMISSION

PURSUANTPursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Law on Consumer Protectiondated November 17, 2010;November 7, 2010;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree prescribing the functions, tasks, powers, and organizational structure of the National Competition Commission.

Article 1. Position and Functions

1. The National Competition Commission is an agency under the Ministry of Industry and Trade with the function of conducting competition proceedings, economic concentration control, deciding exemptions from prohibited restrictive competition agreements, resolving complaints regarding competition case handling decisions as prescribed by law; advising the Minister of Industry and Trade on state management of competition, consumer rights protection, and multi-level marketing business activities.

The National Competition Commission has the English name: Viet Nam Competition Commission, abbreviated as VCC.

2. The National Competition Commission has legal personality, uses a seal bearing the State Emblem, and opens an account at the State Treasury. The operating budget of the National Competition Commission is guaranteed by the state budget.

The headquarters of the National Competition Commission is located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The National Competition Commission performs the following tasks and powers:

1. On competition proceedings

a) Identifying, verifying, and evaluating information and evidence of behavior suspected of violating competition laws;

b) Receiving, verifying, and evaluating information and evidence of behavior suspected of violating competition laws provided by organizations and individuals; receiving, examining, and accepting complaints regarding competition cases;

c) Conducting investigations into competition cases as prescribed by law;

d) Handling competition cases as prescribed by law;

đ) Receiving, accepting, and resolving complaints regarding competition case handling decisions as prescribed by law;

e) Participating in administrative litigation related to the Chairman's decision on complaints and the Council's decision on restrictive competition cases as prescribed by administrative litigation law;

g) Requesting competent authorities and persons to cooperate and support the investigation and handling of competition cases; requesting organizations and individuals to provide information and documents related to competition cases;

h) Requesting competent authorities to apply preventive measures and ensure the handling of administrative violations during the investigation and handling of competition cases as prescribed by law on administrative violation handling;

i) Conducting cooperation activities with foreign competition agencies during competition proceedings as prescribed by law;

k) Cooperating with competent state agencies during the investigation and handling of competition violations that may constitute criminal offenses;

l) Receiving and examining applications for leniency, deciding on exemption or reduction of penalties according to the leniency policy as prescribed by law on competition;

m) Imposing administrative penalties within its authority, requesting competent state agencies to apply certain supplementary penalties and remedial measures for competition law violations;

n) Performing other tasks related to competition proceedings as prescribed by law on competition.

2. Controlling economic concentration activities as prescribed by law on competition; receiving, accepting, and processing notifications of economic concentration, assessing, and deciding on economic concentration as prescribed by law.

3. Receiving, accepting, and processing applications for exemption from prohibited restrictive competition agreements, deciding on exemptions from prohibited restrictive competition agreements as prescribed by law.

4. Monitoring, identifying, verifying, and handling or recommending competent authorities to handle violations of regulations related to behaviors hindering competition in the market by state agencies and other strictly prohibited behaviors related to competition by organizations and individuals.

5. Implementing state management tasks on competition, protecting consumer rights, and managing multi-level marketing business activities as prescribed by law.

6. Performing other tasks and powers as prescribed by law assigned by the Minister of Industry and Trade.

Article 3. Chairman and Vice Chairmen of the National Competition Commission

1. The Chairman of the National Competition Commission is the head, responsible under the law for the organization and operation of the National Competition Commission.

2. The Chairman of the National Competition Commission shall submit to the Minister of Industry and Trade for issuance of the Regulation on the organization and operation of the National Competition Commission.

3. The Chairman of the National Competition Commission has the duty to appoint and dismiss the Heads of the Competition Investigation Office, Deputy Heads of the Competition Investigation Office, and Competition Investigators.

4. The Vice Chairmen of the National Competition Commission shall be appointed and dismissed by the Minister of Industry and Trade upon the proposal of the Chairman of the National Competition Commission to assist the Chairman of the National Competition Commission in performing state management functions regarding competition, protecting consumer rights, and managing multi-level marketing business activities within their assigned tasks.

5. The Vice Chairmen of the National Competition Commission are responsible to the Chairman of the National Competition Commission for the areas of work assigned to them.

Article 4. Members of the National Competition Commission, persons conducting competition litigation, and persons participating in competition litigation

1. The National Competition Commission shall have a maximum of fifteen members, including the Chairman of the National Competition Commission, one or several Vice Chairmen of the National Competition Commission, and other members.

2. Members of the National Competition Commission shall participate in competition litigation activities as assigned by the Chairman of the National Competition Commission.

3. Members of the National Competition Commission, persons conducting competition litigation, experts, interpreters, and witnesses shall be entitled to receive allowances as decided by the Prime Minister.

Article 5. Organizational Structure

1. The staff assisting in the performance of litigation functions, centralized economic control, decisions on exemptions from prohibited restrictive competition agreements, and handling complaints about competition case resolution decisions according to the regulations of the National Competition Commission:

a) The Competition Investigation Office;

b) Secretariat of the Competition Case Resolution Councils;

c) The Competition Supervision Board.

2. The Competition Investigation Office may establish departments. The Minister of Industry and Trade decides the number of departments subordinate to the Competition Investigation Office. The Competition Investigation Office has legal personality, its own seal, and is allowed to open an account at the State Treasury according to the law.

3. Some units directly under the National Competition Commission perform state management functions regarding competition, protect consumer rights, and manage multi-level marketing business activities within the authority defined by the Ministry of Industry and Trade.

Article 6. Effectiveness

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

2. From the date this Decree takes effect, the following documents shall cease to be effective:

a) Decree No. 07/2015/NĐ-CP dated January 16, 2015 of the Government stipulating the functions, tasks, powers, and organizational structure of the Competition Council;

b) Decision No. 24/2015/QĐ-TTg dated June 30, 2015 of the Prime Minister promulgating the Regulation on the organization and operation of the Competition Council.

3. This Decree amends the phrase "Competition and Consumer Protection Department" to "National Competition Commission" in Clause 2, Article 54 and the attached Appendix to Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities.

4. This Decree amends the phrase "Competition Management Department" to "National Competition Commission" in Clause 1, Article 34 of Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Protecting Consumer Rights.

5. This Decree amends the phrase "Competition and Consumer Protection Department" to "National Competition Commission" in Clause 1, Article 1 of Decree No. 54/2020/NĐ-CP dated May 18, 2020 of the Government amending and supplementing some articles of Decree No. 127/2015/NĐ-CP dated December 14, 2015 of the Government on the organization and operation of industry and trade inspection.

Article 7. Responsibility for Implementation

1. The Minister of Industry and Trade shall specify the functions, tasks, powers, and organizational structure of the National Competition Commission in performing state management functions regarding competition, protecting consumer rights, and managing multi-level marketing business activities.

2. The Ministry of Home Affairs shall be responsible for guiding the allowance system for the National Competition Commission and leaders and managers of units directly under the National Competition Commission.

3. The Minister of Industry and Trade, ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial People's Committees, and Chairmen of the National Competition Commission shall be responsible for implementing this Decree.