Decision No. 35/2016/QĐ-TTg On the allowance system for members of the Competition Council and persons conducting and participating in competition litigation proceedings

Pursuant to …;

Regarding the allowance system for members of the Competition Council

and persons conducting and participating in competition litigation

______________________

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Competition Law dated December 3, 2004;

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 issues this Decision on the allowance system for members of the Competition Council and persons conducting and participating in competition litigation.

Article 1. Scope of Regulation and Applicability

1. This Decision regulates the allowance system for members of the Competition Council and persons conducting and participating in competition litigation.

2. This Decision applies to members of the Competition Council; persons conducting and participating in competition litigation and related organizations and individuals.

Article 2. Special Allowance System

Members of the Competition Council working part-time shall be granted an allowance of 1,300,000 VND/person/month.

Article 3. Allowance system for persons conducting competition litigation and participants in competition litigation at hearings

1. The presiding officer of the hearing shall be granted an allowance of 150,000 VND/day;

2. Members of the Competition Council handling competition cases, investigators participating in the hearing shall be granted an allowance of 100,000 VND/day;

3. Experts invited by the Competition Council handling competition cases shall be granted an allowance of 100,000 VND/day;

4. Interpreters invited by the Competition Council handling competition cases to interpret at the hearing shall be entitled to allowances according to regulations on translation costs in the reception expenses for foreign guests and expenses for organizing international conferences and seminars in Vietnam;

5. Witnesses summoned by the Competition Council handling competition cases to attend the hearing shall be granted an allowance of 100,000 VND/day;

6. Experts, interpreters, and witnesses invited by the Competition Council to participate in the hearing shall have their travel expenses reimbursed.

Article 4. Allowance system for persons participating in roundtable discussions, meetings to handle competition cases, and resolve complaints

1. The presiding officer shall be granted an allowance of 150,000 VND/day;

2. Members of the Competition Council handling competition cases shall be granted an allowance of 100,000 VND/day;

3. Invited guests who are experts or representatives of specialized agencies invited by the Competition Council to provide advice related to anti-competitive practices shall be granted an allowance of 100,000 VND/day.

Article 5. Principles of entitlement and sources of funding

1. Part-time members of the Competition Council shall only enjoy special allowances as prescribed in Article 2 of this Decision.

2. The source of funds for paying allowances to members of the Competition Council and persons conducting and participating in competition litigation shall be guaranteed by the state budget and allocated in the annual state budget estimate of the Ministry of Industry and Trade in accordance with laws on the state budget.

Article 6. Effectiveness

1. This Decision takes effect from October 10, 2016.

2. Decision No. 82/2010/QĐ-TTg dated December 15, 2010 of the Prime Minister on the allowance system for part-time members of the Competition Council and persons conducting and participating in competition litigation at hearings shall cease to be effective from the date this Decision takes effect.

Article 7. Responsibility for Implementation

The Minister of Industry and Trade, heads of relevant agencies, Chairman of the Competition Council, and members of the Competition Council are responsible for implementing this Decision.