Decree No. 06/2006/ND-CP on the functions, tasks, powers, and organizational structure of the Competition Administration Agency

DECREE

Regulations on the Functions, Duties, Authorities, and Organizational Structure of the Competition Management Agency

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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 the Consumer Protection Ordinance dated April 27, 1999;

Pursuant to the Ordinance on Safeguard Measures for Imported Goods from Abroad dated May 25, 2002;

Pursuant to the Ordinance on Anti-Dumping of Imported Goods dated April 29, 2004;

Pursuant to the Ordinance on Countervailing Duties on Imported Goods dated August 20, 2004;

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. Position and Functions

1. The Competition Management Agency is an organization under the Ministry of Trade with the function of assisting the Minister of Trade in implementing state management over competition, anti-dumping, countervailing duties, and safeguard measures for imported goods; protecting consumer rights; coordinating with enterprises and industry associations in dealing with international trade disputes related to dumping, subsidies, and safeguard measures.

The Competition Management Agency has the English name: Vietnam Competition Administration Department, abbreviated as VCAD.

2. The Competition Management Agency has legal personality, uses a seal bearing the National Emblem, opens an account at the State Treasury, and uses its own seal for transactions in accordance with the law. The operating funds of the Competition Management Agency are provided by the state budget.

The main office of the Competition Management Agency is located in Hanoi City and representative offices can be established in other provinces and cities.

The establishment of representative offices in other provinces and cities shall be decided by the Minister of Trade.

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 Competition Management Agency performs tasks and authorities as prescribed by laws on competition, anti-dumping, countervailing duties, safeguard measures for imported goods, and protection of consumer rights, as well as the following specific tasks and authorities:

1. Drafting and submitting to the Minister of Trade legal regulatory documents on competition, anti-dumping, countervailing duties, safeguard measures for imported goods, and protection of consumer rights; organizing the implementation of such legal regulatory documents after they are issued.

2. Guiding the inspection, evaluation, and consolidation of the implementation status of legal regulatory documents, plans, programs, and projects approved in areas within the jurisdiction of the competition management agency.

3. Identifying and recommending relevant agencies to resolve, within their authority, issues regarding legal regulatory documents that contain provisions inconsistent with the laws on competition, anti-dumping, countervailing duties, safeguard measures for imported goods, and protection of consumer rights.

4. On competition:

a) Accepting and organizing investigations into competition cases involving restrictive competition practices for the Competition Council to handle according to the law.

b) Organizing investigations and handling competition cases involving unfair competition practices and other violations of competition laws according to the law.

c) Reviewing applications for exemption according to the law to submit to the Minister of Trade for decision or to the Prime Minister for decision.

d) Monitoring the process of economic concentration.

đ) Building and managing a system of information on dominant market enterprises, monopolistic enterprises, competition rules in associations, and exemption cases.

5. On handling anti-dumping, countervailing duty, and safeguard measure cases for imported goods:

a) Leading and coordinating with relevant agencies to implement legal regulations on anti-dumping, countervailing duties, and safeguard measures for imported goods.

b) Accepting and organizing investigations into the importation of foreign goods into Vietnam to propose the application of anti-dumping, countervailing duties, and safeguard measures according to the law.

c) Recommending the Minister of Trade to issue decisions on applying anti-dumping duties, temporary countervailing duties, and temporary safeguard measures according to the law.

d) Reporting investigation results to the Council for Handling Anti-Dumping, Countervailing Duty, and Safeguard Cases for review, and recommending the Minister of Trade to issue decisions on applying or not applying anti-dumping, countervailing duties, and safeguard measures for imported goods.

đ) Leading and coordinating with relevant agencies to guide the implementation and review compliance with decisions on applying anti-dumping, countervailing duties, and safeguard measures.

6. Cooperating with enterprises and industry associations in dealing with foreign anti-dumping, countervailing duty, and safeguard cases against Vietnam's exported goods.

7. Resolving complaints and accusations within its authority and handling violations of laws on consumer protection.

8. International cooperation in building and enforcing laws on competition, anti-dumping, countervailing duties, safeguard measures, and consumer protection.

9. Requesting organizations and individuals related to provide necessary information and documents for the performance of assigned tasks; being able to use domestic and foreign consultants when necessary according to job requirements as prescribed by law.

10. Applying administrative preventive measures, forms of administrative penalties, and remedial measures according to the law.

11. Promoting, educating, and disseminating laws and policies related to competition, anti-dumping, countervailing duties, safeguard measures for imported goods, and consumer protection.

12. Organizing training to enhance professional skills for staff involved in competition management, anti-dumping, countervailing duties, safeguard measures, and consumer protection.

13. Manage organizations, civil servant and public official workforce, assets, and finances allocated according to regulations and state decentralization.

14. Organize, build databases, manage, and provide information to state agencies and organizations or individuals with requests under the Competition Law.

15. Perform other tasks assigned by the Minister of Commerce.

Article 3. Organizational Structure

1. The office assisting the Director of the Competition Administration:

- Investigation Unit on Anti-Competitive Practices.

- Supervision and Competition Management Unit.

- Investigation and Handling of Unfair Competition Practices Unit.

- Consumer Protection Unit.

- Anti-Dumping, Countervailing Duties, and Safeguard Measures Handling Unit.

- International Cooperation Unit.

- Office.

2. Affiliated non-profit organizations under the Competition Administration:

- Information Center.

- Investigator Training Center.

3. Other units directly under the Competition Administration, including:

- Competition Administration Representative Office in Da Nang.

- Competition Administration Representative Office in Ho Chi Minh City.

The specific functions, duties, authorities, and organizational structure of units under the Competition Administration shall be implemented according to the regulations of the Minister of Commerce.

The Competition Administration's representative offices have their own seals and are allowed to open accounts at the State Treasury according to the law.

Article 4. Leadership of the Department

The Competition Administration has a Director and several Deputy Directors. The Director of the Competition Administration is appointed and relieved from duty by the Prime Minister upon the recommendation of the Minister of Commerce. The Director of the Competition Administration is responsible to the Minister of Commerce for all activities of the Competition Administration.

Deputy Directors and leaders of the Competition Administration's representative offices are appointed and relieved from duty by the Minister of Commerce upon the recommendation of the Director of the Competition Administration and are responsible to the Director for the assigned areas of work.

Article 5. Establishment

The establishment of the Competition Administration is decided by the Minister of Commerce within the total establishment of the Ministry of Commerce.

Article 6. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous provisions contrary to this Decree are abolished.

Article 7. Responsibility for Implementation

The Minister of Commerce, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees under the central government, and the Director of the Competition Administration are responsible for implementing this Decree. /./