Decree No. 119/2011/ND-CP Amending and supplementing administrative procedures under Decree No. 116/2005/ND-CP dated September 15, 2005 of the Government detailing a number of articles of the Competition Law.

DECREE

Amending and supplementing administrative procedures under Decree No. 116/2005/NĐ-CP dated September 15, 2005

of the Government detailing the implementation of certain provisions of the Competition Law Article 1. Amending and supplementing certain articles of Decree No. 116/2005/NĐ-CP dated September 15, 2005 of the Government detailing the implementation of certain provisions of the Competition Law

1. Amending and supplementing Article 38 as follows:

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;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

"Article 38. Notification and response to economic concentration

1. The notification dossier for economic concentration of participating enterprises may be submitted directly or via the internet in the form of a copy (scanned from the original, text file) accompanied by a valid electronic signature of the legitimate representative of the enterprise.

2. The response to the notification of economic concentration must be made in writing.

3. The written response to the notification of economic concentration from the competition management agency shall be sent to the following entities:

a) The business registration authority and other competent authorities for approval of mergers, consolidations, acquisitions, and joint ventures as prescribed by law;

b) The legitimate representatives of the parties involved in the economic concentration;

c) The parties involved in the economic concentration."

2. Amending Clause 1 of Article 40 as follows:

"1. A detailed report explaining compliance with conditions for exemption, prepared by the enterprise and for which the enterprise bears responsibility for the content of the report."

3. Supplementing Clause 3 and Clause 4 to Article 40 as follows:

"3. The explanatory report of the parties intending to participate in restrictive competition agreements or economic concentrations may be submitted directly or via the internet in the form of a copy (scanned from the original, text file) accompanied by a valid electronic signature of the legitimate representative of the enterprise.

4. During the evaluation of the content of the detailed report explaining compliance with conditions for exemption, the competition management agency may organize consultations with scientific and technological organizations, research and development organizations."

4. Amending Point i of Clause 1 of Article 45 as follows:

"i) Signature or fingerprint of the complainant in case the complainant is an individual; signature and seal of the legitimate representative of the complainant in case the complainant is an organization (applicable in cases where the dossier is not submitted via the internet)."

5. Supplementing Clause 3 to Article 45 as follows:

"3. The complainant may submit the dossier directly or via the internet in the form of a copy (scanned from the original, text file) accompanied by a valid electronic signature of the legitimate representative of the enterprise. The complainant shall bear responsibility for the content of the dossier."

1. The Minister of Industry and Trade shall be responsible for organizing the implementation of this Decree.

"3. The complainant may submit the dossier directly or through the electronic network in the form of a copy (scanned from the original, text file) accompanied by a valid electronic signature of the legitimate representative of the enterprise. The complainant shall be responsible for the contents of the dossier."

Article 2. Effective Date

This Decree takes effect from February 1, 2012.

Article 3. Responsibility for Implementation

1. The Minister of Industry and Trade is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.