Decree No. 05/2006/NĐ-CP On the establishment and definition of functions, tasks, powers, and organizational structure of the Competition Council

DECREE

REGARDING THE ESTABLISHMENT AND DEFINITION OF THE FUNCTIONS, DUTIES, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE COMPETITION COUNCIL

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THE GOVERNMENT

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

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

CONSIDERING THE PROPOSAL OF THE MINISTER OF TRADE, 

DECREE:

Article 1. Establishment of the Competition Council

The Competition Council shall be established. The Competition Council shall have the name "Vietnam Competition Council" in English, abbreviated as VCC.

The Competition Council shall have legal personality, a seal bearing the National Emblem, and shall open an account at the State Treasury in accordance with the provisions of the law.

The operating funds of the Competition Council shall be guaranteed by the state budget and allocated according to the annual state budget estimate of the Ministry of Trade.

1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.

The Competition Council shall be an independent state authority body responsible for handling acts that restrict competition.

Article 3. Tasks and Limitations

The Competition Council shall have the following functions and powers:

1. Organizing the handling of competition cases related to acts that restrict competition as prescribed by law.

2. Establishing a Competition Case Handling Board to resolve specific competition cases.

3. Requesting organizations and individuals involved to provide necessary information and documents for the performance of assigned tasks.

4. Deciding on the application, modification, or revocation of administrative measures after receiving the case file as prescribed by law.

5. Resolving complaints regarding competition cases involving acts that restrict competition as prescribed by law.

6. Performs other tasks and exercises other powers as prescribed by law.

Article 4. Organizational Structure

1. The Competition Council shall consist of between eleven and fifteen members appointed and relieved from duty by the Prime Minister upon the proposal of the Minister of Trade. Members of the Competition Council must meet the criteria stipulated in Article 55 of the Competition Law.

The term of office of Competition Council members is five years and may be reappointed.

2. Supporting the Competition Council is the Secretariat of the Competition Council. The functions, duties, and organizational structure of the Secretariat of the Competition Council shall be prescribed by the Minister of Trade.

3. The Competition Council shall be responsible for drafting the Regulations on the organization and operation of the Council, to be submitted to the Minister of Trade for approval.

Article 5. Leadership of the Competition Council

The Competition Council shall be headed by the Chairman of the Competition Council. The Chairman of the Competition Council shall be appointed and relieved from duty by the Prime Minister among the members of the Competition Council upon the proposal of the Minister of Trade.

The Chairman of the Competition Council shall be responsible for organizing the activities of the Competition Council.

Article 6. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 7. Responsibility for Implementation

The Minister of Trade, ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees under central cities, and the Chairman of the Competition Council shall be responsible for implementing this Decree./.