Decision No. 24/2015/QD-TTg Issuing the Regulation on the Organization and Operation of the Competition Council

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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;

Pursuant to 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;

At the proposal of the Minister of Industry and Trade,

The Prime Minister decides to issue the Regulation on the organization and operation of the Competition Council.

Article 1. This Decision promulgates the Regulation on the organization and operation of the Competition Council.

Article 2. This Decision takes effect from August 15, 2015.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city, the Competition Council, and related organizations and individuals are responsible for implementing this Decision./.

 

 

REGULATIONS

ORGANIZATION AND OPERATIONS OF THE COMPETITION COUNCIL

(Issued together with Decision No. 24/2015/QĐ-TTg dated June 30, 2015

of the Prime Minister)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the organization and operations of the Competition Council.

Article 2. Applicability

This Regulation applies to the Competition Council, the Office of the Competition Council, and related agencies, organizations, and individuals.

Chapter II

STRUCTURE, DUTIES, AND LIMITS

OF THE COMPETITION COUNCIL

Article 3. Organization of the Competition Council

1. The Competition Council is organized in accordance with Article 4 of Decree No. 07/2015/NĐ-CP dated January 16, 2015 of the Government on the functions, tasks, powers, and organizational structure of the Competition Council.

2. Members of the Competition Council work concurrently or full-time according to the appointment decision of the Prime Minister.

3. The Competition Council shall have no more than three Deputy Chairs.

Article 4. Duties and Powers of the Chair of the Competition Council

1. To organize the implementation of the duties of the Competition Council as prescribed by law.

2. To assign tasks to Deputy Chairs, members of the Competition Council, and approve the annual work program of the Competition Council.

3. To decide on the establishment of the Competition Case Handling Board to handle specific competition cases.

4. To decide on changing the Presiding Officer of the Hearing Session, members of the Competition Case Handling Board, the Secretary of the Hearing Session, the expert witness, and the interpreter as prescribed by law.

5. To decide on applying, changing, or revoking administrative measures to prevent actions as prescribed by law.

6. To organize the resolution of complaints regarding the Competition Case Handling Board's decisions.

7. To appoint representatives of the Competition Council to participate in administrative litigation related to the Competition Council's complaint resolution decisions.

8. To propose the Minister of Industry and Trade to submit to the Prime Minister for deciding on the appointment, reappointment, dismissal, removal, full-time or part-time working system of Competition Council members.

9. To resolve issues where there are differing opinions among Deputy Chairs of the Competition Council.

Article 5. Duties and Powers of Deputy Chairs of the Competition Council

1. Deputy Chairs of the Competition Council assist the Chair of the Competition Council in specific areas as assigned by the Chair of the Competition Council.

2. Deputy Chairs of the Competition Council have the following duties and powers:

a) To organize work in the assigned area; report to the Chair of the Competition Council on the contents of work in the assigned area.

b) Deputy Chairs of the Competition Council proactively resolve assigned tasks, coordinate with other Deputy Chairs to address issues related to them; promptly report to the Chair of the Competition Council important matters or those with differing opinions among Deputy Chairs.

c) To perform the duties of Competition Council members as prescribed by law.

Article 6. Duties and Authorities of Competition Council Members

1. Perform specific tasks assigned by the Chairman of the Competition Council.

2. Fully participate in all sessions of the Competition Council and the Competition Case Handling Board. In case of absence, report to the Chairman of the Competition Council in writing.

3. Participate in the Competition Case Handling Board and administrative litigation proceedings according to the decision of the Chairman of the Competition Council.

Chapter III

ACTIVITIES OF THE COMPETITION COUNCIL

Section 1

ORGANIZATION FOR HANDLING AND RESOLVING CASES OF RESTRICTIVE COMPETITION

Article 7. Receiving and Safeguarding Investigation Reports and Case Files on Restrictive Competition

1. The Competition Council Office shall be responsible for receiving investigation reports and case files on restrictive competition, and reporting to the Chairman of the Competition Council within the latest five working days.

2. The Competition Council Office shall be responsible for safeguarding and storing investigation reports and case files on restrictive competition in accordance with the provisions of the law.

Article 8. Establishment of the Competition Case Handling Board

1. Within fifteen days from the date of receipt of the file, the Chairman of the Competition Council shall issue a Decision on the establishment of the Competition Case Handling Board consisting of at least five members of the Competition Council, including one member serving as the Chairperson of the Hearing Session to resolve a specific competition case.

2. The Decision on the establishment of the Competition Case Handling Board includes the following main contents:

a) Establishing the Competition Case Handling Board comprising the Chairperson of the Hearing Session and members of the Competition Case Handling Board;

b) Participants;

c) Secretary of the Hearing Session.

3. Within five working days from the date of issuance of the Decision on the establishment of the Competition Case Handling Board, the Competition Council Office shall be responsible for transferring the investigation report and case file on restrictive competition to the Competition Case Handling Board, participants, and the Secretary of the Hearing Session.

Article 9. Duties and Authorities of Members of the Competition Case Handling Board, Participants, and Secretary of the Hearing Session

1. The Chairperson of the Hearing Session shall perform duties and authorities as prescribed in Article 81 of the Competition Law.

2. Members of the Competition Case Handling Board shall be responsible for studying the case files and documents on restrictive competition.

3. Members of the Competition Case Handling Board shall be responsible for refusing to initiate competition proceedings if they fall under any of the cases stipulated in Article 83 of the Competition Law; fully participating in meetings of the Competition Case Handling Board and attending Hearing Sessions from start to finish.

4. Participants shall be responsible for performing the tasks prescribed in Clause 2 and Clause 3 of this Article.

5. Participants shall be responsible for replacing members of the Competition Case Handling Board in cases prescribed in Article 102 of Decree No. 116/2005/NĐ-CP dated September 15, 2005 of the Government detailing implementation of certain provisions of the Competition Law.

6. The Secretary of the Hearing Session shall perform duties and authorities as prescribed in Article 82 of the Competition Law.

Article 10. Meeting of the Competition Case Handling Board

1. Within thirty days from the date of receipt of the investigation report and case file on restrictive competition, the Chairperson of the Hearing Session shall be responsible for convening a full meeting of the Competition Case Handling Board to discuss the contents of the investigation report and case file on competition.

2. If a member of the Competition Case Handling Board does not attend the meeting of the Competition Case Handling Board, they shall be responsible for submitting their opinions in writing to the Chairperson of the Hearing Session before the meeting. Opinions of absent members must be read out at the meeting of the Competition Case Handling Board.

3. The content of the results of the meeting of the Competition Case Handling Board must be recorded in the minutes of the Competition Case Handling Board. The Secretary of the Hearing Session shall be responsible for recording the minutes.

Article 11. Decision on Competition Case Resolution

1. Within thirty (30) days from the date of receipt of the competition case file, the Competition Case Handling Council shall issue one of the decisions prescribed in Clause 2, Article 99 of the Competition Law.

2. The decision on resolution of a competition case shall be based on the voting result of all members of the Competition Case Handling Council according to the majority principle. In case of equal votes, the decision shall follow the opinion of the Chairperson of the Hearing Session.

3. The voting results of the Competition Case Handling Council must be recorded in a minutes book, clearly stating the voting opinions of each member.

Article 12. Organization of the Hearing Session

1. The Hearing Session shall be organized within fifteen (15) days from the date of the decision to open the Hearing Session. The decision to open the Hearing Session must be sent to the members of the Competition Case Handling Council, participants, the Hearing Session Secretary, and related parties at least ten (10) days before the Hearing Session takes place. The decision to open the Hearing Session must include the contents prescribed in Clause 2, Article 102 of the Competition Law.

2. The procedure and content of the Hearing Session shall be carried out in accordance with the provisions of Article 104 of the Competition Law and Section 8, Chapter III of Decree No. 116/2005/NĐ-CP.

Article 13. Decision on Competition Case Handling

1. The Competition Case Handling Council shall issue the Decision on Competition Case Handling based on closed discussions and voting according to the majority principle. In case of equal votes, the decision shall follow the opinion of the Chairperson of the Hearing Session.

2. The Decision on Competition Case Handling shall be announced at the Hearing Session, except in cases prescribed in Clause 5, Article 129 of Decree No. 116/2005/NĐ-CP.

3. The voting results of the Decision on Competition Case Handling must be recorded in a minutes book, clearly stating the opinions of each member.

Article 14. Explanation of the Decision on Competition Case Handling

In case of a written request for explanation of the Decision on Competition Case Handling, within fifteen (15) days from the date of receipt of the written request, the Chairperson of the Hearing Session shall be responsible for explaining the Decision on Competition Case Handling of the Competition Case Handling Council. In case the Chairperson of the Hearing Session is no longer a member of the Competition Council, the Chairman of the Competition Council shall be responsible for explaining the Decision on Competition Case Handling.

Article 15. Change of Members of the Competition Case Handling Council, Hearing Session Secretary, Interpreter, Expert

1. The Chairman of the Competition Council decides to change the members of the Competition Case Handling Council, Hearing Session Secretary, expert, interpreter in accordance with Clause 2, Article 79 of the Competition Law.

2. The decision to change the members of the Competition Case Handling Council, Hearing Session Secretary shall be implemented in accordance with Article 85 of the Competition Law.

Section 2

SETTLEMENT OF COMPLAINTS AGAINST DECISIONS

OF THE COMPETITION COUNCIL

Article 16. Receipt of Complaints

The Competition Council Office receives complaints about the Decision on Competition Case Handling, and forwards them to the Chairman of the Competition Council and the Council that handled the competition case.

Article 17. Examination of the Validity of Complaints

1. Within five working days from the date of receipt of the complaint against the Decision on Competition Case Resolution, the Competition Case Resolution Council must examine the validity of the complaint based on the grounds stipulated in Article 108 of the Competition Law.

2. In case the complaint is invalid, the Competition Case Resolution Council shall notify the complainant in writing, specifying the reasons.

3. In case the complaint is valid, the Competition Case Resolution Council shall submit recommendations to the Competition Council in accordance with Clause 1, Article 19 of this Regulation.

4. In case the complainant disagrees with the Competition Case Resolution Council's opinion on the validity of the complaint, the complainant has the right to supplement the complaint file or submit the complaint to the Competition Council within fifteen days from the date of receipt of the notification regarding the validity of the complaint.

Article 18. Submission of Recommendations by the Competition Case Resolution Council to the Competition Council

1. Within fifteen days from the date of receipt of the complaint against the Decision on Competition Case Resolution, the Competition Case Resolution Council shall examine the complaint, transfer the complaint along with the entire competition case file and its recommendation on the complaint to the Competition Council.

2. In case the complainant supplements the complaint materials, the Competition Case Resolution Council shall proceed with examination in accordance with the law.

Article 19. Procedure for Handling Complaints by the Competition Council

1. Within thirty days from the date of receipt of the complaint file and the recommendation of the Competition Case Resolution Council, the Chairman of the Competition Council shall convene all members of the Competition Council to examine the recommendation of the Competition Case Resolution Council and issue a Decision on Resolving the Complaint in accordance with Article 112 of the Competition Law.

2. In special complex cases, the Chairman of the Competition Council may decide to extend the deadline for resolving complaints but not exceeding thirty days. In case of extension, the Competition Council must notify the complainant in writing.

3. In case the complainant supplements the complaint file, the resolution period for the complaint may be extended, but not exceeding thirty days.

4. In case the Competition Council organizes a meeting to resolve the complaint against the Decision on Competition Case Resolution of the Competition Case Resolution Council, at least half of the members must attend.

5. The procedure for resolving complaints against other decisions and decisions that have taken legal effect issued by the Competition Council, the Chairman of the Competition Council, the Competition Case Resolution Council, and the Chairperson of the Hearing Session shall be carried out according to the procedures and formalities prescribed by the law on complaints.

Article 20. Reconsideration of Competition Cases by the Competition Case Resolution Council

1. In case the Competition Council issues a decision on resolving the complaint requiring the Competition Case Resolution Council to reconsider the competition case in accordance with Clause 3, Article 112 of the Competition Law, the Competition Case Resolution Council shall be responsible for receiving the decision and the complaint resolution file.

2. The Competition Case Resolution Council shall organize the reconsideration and resolution of the competition case in accordance with the procedures and formalities prescribed in this Regulation.

Section 3

ADMINISTRATIVE LITIGATION PARTICIPATION

Article 21. Transfer of Competition Case Files

1. In cases where the Court has jurisdiction to accept a lawsuit challenging the Council's Decision on the Complaint Resolution of the Competition Council, the Competition Council shall transfer the competition case file to the Court within 10 (ten) working days from the date of receipt of the Court's request.

2. In cases where the Court has jurisdiction to accept a lawsuit challenging other decisions of the Competition Council, the Competition Council shall transfer relevant files and documents to the Court within 10 (ten) working days from the date of receipt of the Court's request.

Article 22. Appointment of Representatives for Administrative Litigation

1. The Chairman of the Competition Council appoints at least 01 (one) member of the Competition Council to represent the Competition Council in administrative litigation proceedings.

2. The representative of the Competition Council participating in administrative litigation proceedings has the right to seek advice from other members of the Competition Council and to request the Chairman of the Competition Council to take measures to support the process of participating in administrative litigation proceedings.

Section 4

OTHER ACTIVITIES OF THE COMPETITION COUNCIL

Article 23. Meeting System of the Competition Council

The Competition Council convenes regular meetings every six months annually or at any time as decided by the Chairman of the Competition Council.

Article 24. Supervision of the Implementation of Decisions on Competition Restriction Cases

1. The Competition Council stamps "For Execution" on the Decision on Handling Competition Cases to be issued to the person responsible for execution and the person subject to execution.

2. The Competition Council is responsible for working with civil enforcement agencies and competent authorities organizing the implementation of Decisions on Handling Competition Cases and the parties required to execute the decision, and monitoring the payment of fines.

Article 25. Propaganda and Dissemination of Competition Law

The Competition Council carries out the task of propaganda and dissemination of Competition Law according to the provisions of the law.

Article 26. Scientific Research Organization

The Competition Council carries out scientific research tasks through projects, topics, and scientific research surveys.

Article 27. Construction of the Competition Council's Database

The Competition Council carries out the task of constructing the Competition Council's database through organizing data collection, preservation, maintenance, and utilization of documents serving the Council's operational processes.

Article 28. International Cooperation on Competition

1. The Competition Council cooperates with international organizations, competition authorities of other countries, and related agencies to study and exchange experiences in handling competition cases to enhance the effectiveness of the Competition Council's operations.

2. The Office of the Competition Council proposes international cooperation programs and participation in domestic and foreign events related to competition to the Competition Council.

Article 29. Reporting System

1. Annually, the Competition Council reports to the Government and the Prime Minister on the results of its work or specialized reports as requested by the Government, the Prime Minister, and authorized agencies and organizations.

2. The Office of the Competition Council reports to the Ministry of Industry and Trade on the implementation of tasks according to current regulations.

Article 30. Coordination of the Competition Council's Work

1. The Competition Council shall coordinate with ministries, sectors, and related organizations and individuals in performing its functions and tasks as prescribed by law.

2. In cases where necessary, the Chairman of the Competition Council shall direct the establishment of regulations for coordination with relevant ministries, sectors, agencies, and organizations.

Chapter IV

MATERIAL BASIS AND OPERATING FUNDS OF THE COMPETITION COUNCIL, REMUNERATION REGIME FOR COUNCIL MEMBERS

OF THE ANTITRUST COMMISSION, THE COMPENSATION REGIME

OF THE MEMBERS OF THE ANTITRUST COMMISSION

Article 31. Material Basis and Operating Funds of the Competition Council

1. The Ministry of Industry and Trade shall be responsible for providing office space for the Competition Council’s operations, including meeting rooms, hearing rooms, working rooms, and other appropriate equipment suitable to the Council’s tasks.

2. The Competition Council’s Office shall prepare a budget for the Council’s operating funds, submit it to the Ministry of Industry and Trade for consolidation, and implement management tasks concerning the Council’s funds, assets, seals, and administrative documentation in accordance with the law.

Article 32. Remuneration and Incentive System for Competition Council Members

1. Part-time Competition Council members shall enjoy part-time remuneration according to Decision No. 82/2010/QĐ-TTg dated December 15, 2010, issued by the Prime Minister on the remuneration system for part-time Competition Council members and competition litigation participants at hearings.

2. Full-time Competition Council members shall receive salaries and position allowances as decided by the Prime Minister.

Article 33. Awards and Handling of Violations

1. Groups and individuals with outstanding achievements shall be awarded in accordance with the law.

2. Competition Council members who violate these regulations shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law./.