Decree No. 07/2015/ND-CP on the functions, tasks, powers, and organizational structure of the Competition Council

DECREE

Defines the functions, tasks, powers, and organizational structure of the Competition Council.

Based on the Administrative Procedure Law dated January 24, 2010;

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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;

promulgates this Decree to define the functions, tasks, powers, and organizational structure of the Competition Council.

Pursuant to the Law on Petition dated November 11, 2011;

At the proposal of the Minister of Industry and Trade,

At the proposal of 1. The Competition Council is an independent adjudicatory body established by the Government to organize the handling and resolution of competition complaints related to anti-competitive practices.

Article 1. Position and Functions

The English name for the Competition Council is Viet Nam Competition Council, abbreviated as VCC.

2. The Competition Council has legal personality, its headquarters is located in Hanoi, it bears the State Emblem seal, and maintains a bank account at the National Treasury.

Operating funds for the Competition Council are guaranteed by the state budget and allocated in the annual state budget estimate of the Ministry of Industry and Trade.

1. Regarding the organization of handling and resolving competition cases involving anti-competitive practices:

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;

a) Receiving investigation reports and case files related to anti-competitive practices in accordance with Article 93 of the Competition Law;

b) Imposing penalties and addressing violations of competition laws as stipulated in Article 119 of the Competition Law;

c) Requesting organizations and individuals involved to provide necessary information and documents for the execution of assigned tasks.

2. Regarding complaint resolution:

a) Resolving complaints against decisions made by the Competition Case Handling Council regarding competition cases involving anti-competitive practices in accordance with competition law;

b) Resolving complaints against other decisions of the Competition Council, the Chairman of the Competition Council, the Competition Case Handling Council, and the Presiding Officer of the Hearing Session according to the complaint procedures set forth by law.

3. Regarding participation in administrative litigation:

Participating in administrative litigation in accordance with competition law and administrative procedure law.

4. Performing other tasks and powers:

a) Monitoring the implementation of competition case resolution decisions;

b) Providing opinions on regulatory legal documents, strategies, sectoral plans, administrative documents, and other relevant matters;

c) Promoting and disseminating competition law within its jurisdiction;

d) Organizing scientific research, building databases, and materials related to the functions, tasks, and powers of the Competition Council;

đ) International cooperation on competition within its jurisdiction;

e) Submitting regular annual or ad hoc reports to the Government and Prime Minister on the activities of the Competition Council as required;

g) Other tasks within its jurisdiction.

Article 3. Organization and Operation

The Competition Council organizes and operates in accordance with the Charter issued by the Prime Minister.

The Competition Council shall have from eleven (11) to fifteen (15) members, including the Chairperson, Vice-Chairpersons, and Members appointed, relieved, or dismissed by the Prime Minister upon the proposal of the Minister of Industry and Trade.

Article 4. Organizational Structure

2. Members of the Competition Council must meet the criteria specified in Clause 1, Article 55 of the Competition Law. The term of office for Competition Council members is five (5) years and may be renewed.

3. Members of the Competition Council enjoy benefits as determined by the Prime Minister's Decision.

4. The Competition Council has a permanent advisory and assisting body, which is the Office of the Competition Council, as provided for in Article 5 of this Decree.

4. The Competition Council has a permanent agency for advisory and assistance, which is the Competition Council Office, in accordance with Article 5 of this Decree.

Article 5. Office of the Competition Council

1. The Office of the Competition Council has the function of advising and assisting the Competition Council in performing the tasks and powers of the Competition Council.

2. The Office of the Competition Council shall have a Director and not more than three Deputy Directors. The Director of the Office of the Competition Council is a member of the Competition Council.

3. The Office of the Competition Council may organize subordinate departments.

4. The Office of the Competition Council shall have its own seal to perform tasks and powers assigned by the Minister of Industry and Trade.

5. The Director of the Office of the Competition Council shall carry out the duty of Account Holder of the Competition Council pursuant to the decision of the Minister of Industry and Trade.

6. Civil servants of the Office of the Competition Council shall perform the duty of Session Secretary pursuant to the decision of the Chairman of the Competition Council.

7. The Minister of Industry and Trade shall stipulate the functions, tasks, organizational structure, and recruitment and appointment of civil servants for the Office of the Competition Council.

Article 6. Responsibilities of the Chairman of the Competition Council

1. To preside over and organize the implementation of the tasks of the Competition Council.

2. To assign specific tasks to Vice Chairmen and members of the Competition Council according to the Charter on organization and operation of the Competition Council.

3. To perform the tasks and powers prescribed in Article 79 of the Competition Law.

4. To decide to transfer competition case files to the Court and appoint representatives of the Competition Council to participate in administrative litigation related to the Competition Council's decisions on handling complaints regarding the resolution of cases.

Article 7. Responsibilities of Members of the Competition Council

1. To perform the duties of members of the Competition Council in handling complaints as prescribed.

2. To perform the tasks and powers of members of the Competition Council and Chairpersons of hearing sessions as prescribed in Articles 80 and 81 of the Competition Law, pursuant to the decision of the Chairman of the Competition Council.

3. To participate in administrative litigation related to the Competition Council's decisions on handling complaints when appointed by the Chairman of the Competition Council as prescribed in Article 6 of this Decree.

4. To perform other tasks as delegated or authorized by the Chairman of the Competition Council.

Article 8. Effective Date

1. This Decree takes effect from March 5, 2015.

2. This Decree replaces Decree No. 05/2006/NĐ-CP dated January 9, 2006 of the Government on the establishment and stipulation of functions, tasks, powers, and organizational structure of the Competition Council.

Article 9. Responsibility for implementation

The Competition Council, the Minister of Industry and Trade, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.