Circular No. 63/2021/TT-BTC provides for the establishment, management, and use of regular expenditure funds during the process of reviewing applications for exemption from competition-restricting agreements; during the review of notifications of economic concentration; and during the investigation of competition cases and competition litigation.

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

CIRCULAR
Regulations on the establishment, management, and use of regular expenditure funds during the process of reviewing applications for exemption from competition-restricting agreements; during the review of notifications of economic concentration; during the investigation of competition cases and competition litigation

Pursuant to the State Budget Law dated June 25, 2015,

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 35/2020/NĐ-CP dated March 24, 2020 of the Government detailing certain provisions of the Competition Law;

b) Agencies, organizations, units, and individuals related to the determination of funding sources, preparation of budget estimates, management, utilization, and settlement of funds for implementing the policies stipulated in Decree No. 178/2024/NĐ-CP.

The Minister of Finance hereby promulgates this Circular stipulating the establishment, management, and use of regular expenditure funds for the implementation of reviews of applications for exemption from competition-restricting agreements; reviews of notifications of economic concentration; investigations of competition cases and competition litigation.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the establishment, management, and use of regular expenditure funds during the process of implementing reviews of applications for exemption from competition-restricting agreements; during the review of notifications of economic concentration; during the investigation of competition cases and competition litigation.

Article 2. Applicability

1. Agencies, organizations, and individuals involved in the investigation of competition cases and competition litigation.

2. Agencies, organizations, and individuals involved in the review of applications for exemption from competition-restricting agreements and the review of notifications of economic concentration.

Article 3. Source of Funding

1. State budget sources according to the current budget classification as prescribed by the State Budget Law and related guiding documents.

2. Sponsorship and contributions from domestic and foreign organizations and individuals.

3. Other lawful sources as prescribed by law.

Article 4. Principles for Managing and Using Funds

1. Management and use of funding sources for the execution of tasks must be in accordance with their intended purposes, comply with regulations, ensure efficiency and feasibility when implemented; be subject to inspection, supervision, and evaluation by competent authorities; and settle accounts annually and at the conclusion of tasks according to current regulations.

2. Management and use of funding sources must comply with the Competition Law, Decree No. 35/2020/NĐ-CP dated March 24, 2020 of the Government detailing certain provisions of the Competition Law, and other relevant laws.

Chapter II
SPECIFIC PROVISIONS

Article 5. Content and Levels of Expenditure

1. Common expenditures

a) Expenditure for collecting information and materials to serve the review of applications for exemption from competition-restricting agreements; the review of notifications of economic concentration; the investigation of competition cases and competition litigation: Implemented in accordance with Circular No. 109/2016/TT-BTC dated June 30, 2016 of the Ministry of Finance on the preparation of budgets, management, use, and settlement of expenditures for statistical surveys and national comprehensive statistical surveys.

b) Expenditure for building and developing databases to serve the review of applications for exemption from competition-restricting agreements; the review of notifications of economic concentration; the investigation of competition cases and competition litigation: Implemented in accordance with Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government on the management of investment in the application of information technology using state budget funds; Joint Circular No. 19/2012/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012 of the Ministries of Finance, Planning and Investment, and Information and Communications on guidelines for managing and using funds to implement the national program on the application of information technology in the activities of state agencies; and Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance on guidelines for expenditure levels to create electronic information to maintain the regular operation of agencies and units funded by the state budget.

c) Expenditure for notarization: Implemented in accordance with Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries.

d) Expenditure for translation and interpretation of documents: Implemented in accordance with Circular No. 71/2018/TT-BTC dated August 10, 2018 of the Ministry of Finance on the reception of foreign guests for work visits to Vietnam, the system of expenses for organizing international conferences and seminars in Vietnam, and the reception of domestic guests.

đ) Expenditure for purchasing equipment to support investigative activities; equipment for interrogation rooms, hearing rooms, and trial rooms for competition cases: Implemented in accordance with Decision No. 50/2017/QĐ-TTg dated December 31, 2017 of the Prime Minister on standards and quotas for the use of machinery and equipment and Circular No. 58/2016/TT-BTC dated March 29, 2016 of the Ministry of Finance on detailed regulations on the use of state funds for procurement to maintain the regular operation of state agencies, units under the people's armed forces, public service organizations, political organizations, political-social organizations, social-professional organizations, and social organizations.

e) Expenditure for organizing conferences, seminars, and hearings: Implemented in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance on travel expense allowances and conference expense systems.

2. Investigation of violations of competition law, review of notifications of economic concentration, and applications for exemption from competition-restricting agreements

a) Expenditure for purchasing information: Based on the type of information required, the Chairman of the National Competition Commission decides on the level of expenditure, with a maximum of VND 5,000,000 per piece of information;

Payment for purchasing information must be supported by complete documentation as prescribed; in cases where confidentiality of the provider's name is required, payment for purchasing information shall be based on a payment voucher with signatures of the person directly paying the provider, the cashier, the accountant, and the head of the unit directly investigating and handling the violation. The head of the unit directly investigating and handling the violation is responsible for the accuracy and truthfulness of the payment for purchasing information, ensuring that it is paid to the correct person, for the correct purpose, and is effective.

b) Participation in member networks of domestic and foreign organizations as prescribed by the organization of which Vietnam is a member (if applicable).

b) Only participate in the member networks of domestic and foreign organizations in accordance with the provisions of the organization of which Vietnam is a member (if any);

c) Hiring of consulting experts, advisory consultations at the request of the Chairman of the Competition Council or the Head of the Competition Investigation Agency: Implemented in accordance with the provisions of Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs on the salary level for domestic consulting experts serving as the basis for budgeting tender packages for consultancy services under time-based contracts using state funds. Hiring of consulting units based on actual contractual agreements, market-appropriate prices approved by the Chairman of the National Competition Council in accordance with current regulations.

d) Market survey costs, determination of relevant markets: Implemented in accordance with the provisions of Circular No. 109/2016/TT-BTC dated June 30, 2016 of the Ministry of Finance on the preparation, management, use, and settlement of funds for statistical investigations and national comprehensive statistical surveys.

đ) Costs for expert appraisal requests: Implemented in accordance with the provisions of Decree No. 81/2014/NĐ-CP dated August 14, 2014 of the Government detailing certain provisions of the Ordinance on Appraisal and Valuation Costs; costs for witnesses and interpreters in litigation proceedings.

e) Purchase of evidence items at market-appropriate prices, approved by the Chairman of the National Competition Council in accordance with current regulations.

g) Temporary detention of infringing objects, means of violation, licenses, and practice certificates at market-appropriate prices and based on actual contractual agreements, approved by the Chairman of the National Competition Council in accordance with current regulations.

h) Costs for serving legal documents, files, and materials generated during the investigation of competition law violations, review of merger notification files, and antitrust exemption application files: Implemented in accordance with the provisions of Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries.

i) Costs for organizing conferences, seminars, and support activities for competition law enforcement investigations: Implemented in accordance with the provisions of Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance on travel expenses and conference cost regimes, and Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance on travel expense regimes for civil servants and government officials traveling abroad for short-term assignments funded by the state budget.

3. Litigation costs for Competition Council members and persons conducting and participating in competition litigation: Implemented in accordance with the provisions of Decision No. 35/2016/QĐ-TTg dated August 23, 2016 of the Prime Minister on allowances for Competition Council members and persons conducting and participating in competition litigation.

4. Budget standards for certain contents specified in Clause 1, Clause 2, and Clause 3 of this Article shall be implemented in accordance with related legal normative documents.

Article 6. Establishment, allocation, execution of the budget, and settlement

The establishment, allocation, execution of the budget, and settlement of regular expenditure budgets during the process of reviewing applications for exemption from restrictive competition agreements; during the review of concentration notification files; during the investigation of competition cases and competition litigation shall be carried out in accordance with the State Budget Law and implementing guidelines. This Circular provides detailed guidance on the following matters:

1. Preparing budgets

Annually, based on the instructions for preparing the state budget of competent authorities; based on the content and levels of expenditure stipulated in Article 5 of this Circular, the Ministry of Industry and Trade will prepare the budget for the review of applications for exemption from restrictive competition agreements; the review of concentration notification files; the investigation of competition cases and competition litigation, and consolidate these within the Ministry's budget to submit to the Ministry of Finance for consolidation and submission to the competent authority as prescribed.

2. Allocation and transfer of the budget

Based on the state budget expenditure budget allocated by the competent authority, the Ministry of Industry and Trade will approve detailed allocations according to tasks and the main units, and send them to the Ministry of Finance for inspection in accordance with the State Budget Law, guidelines for the State Budget Law, and the provisions of this Circular.

3. Execution of the budget

a) Based on the state budget expenditure budget assigned by the competent state agency, budget-using units shall withdraw the budget from the State Treasury where transactions take place.

b) The State Treasury shall control and settle payments for expenditures in accordance with the provisions of Decree No. 11/2020/NĐ-CP dated January 20, 2020 of the Government on administrative procedures in the State Treasury sector, and Circular No. 62/2020/TT-BTC dated June 22, 2020 of the Ministry of Finance guiding the control and settlement of regular state budget expenditures through the State Treasury.

4. Settlement

a) Units allocated a budget for the process of reviewing applications for exemption from restrictive competition agreements; reviewing concentration notification files; investigating competition cases and competition litigation shall be responsible for closing accounting books and preparing settlement reports.

b) The examination and verification of settlement reports for the process of reviewing applications for exemption from restrictive competition agreements; reviewing concentration notification files; investigating competition cases and competition litigation shall be carried out in accordance with the provisions of Circular No. 137/2017/TT-BTC dated December 25, 2017 of the Ministry of Finance on the examination, verification, notification, and consolidation of annual settlements.

Chapter III
IMPLEMENTATION

Article 7. Inspection, supervision, information reporting

1. The Ministry of Industry and Trade shall be responsible for coordinating with the Ministry of Finance during the process of inspecting and evaluating the implementation of the provisions of this Circular.

2. The Ministry of Industry and Trade shall be responsible for periodically monitoring and evaluating reports to the Government on the performance of tasks during the process of reviewing applications for exemption from competition-restrictive agreements; reviewing notifications of new economic concentrations; investigating competition cases and competition litigation.

Article 8. Implementation clause

This Circular takes effect from September 13, 2021.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, they shall be implemented according to the amended, supplemented, or replacing documents.

3. The allowance system for Competition Commission members and participants in competition litigation specified in Clause 3, Article 5 of this Circular shall be implemented until a new salary regulation is issued pursuant to Resolution No. 27-NQ/TW dated May 21, 2018 of the Seventh Plenary Session of the Central Committee of the Communist Party of Vietnam's Twelfth Term on salary reform policies for cadres, civil servants, public officials, armed forces personnel, and workers in enterprises.

4. During the implementation period, in case of difficulties, it is requested that relevant units promptly reflect to the Ministry of Finance for research and appropriate amendment and supplementation.

Prime Minister, Deputy Prime Ministers;

Office of the General Secretary;

National Assembly Office;

President's Office;

The Government Office;

Central Party Office;

Supreme People's Court;

Supreme People's Procuracy;

State Audit Agency;

Ministries, ministerial-level agencies, and agencies under the Government

Provincial People's Councils and People's Committees;

Legal Documents Examination Department (Ministry of Justice);

National Competition Commission;

Government Online Portal;

Ministry of Industry and Trade, Ministry of Finance Online Portals;

To be filed: VT, Civil Service Administration Department (10b) W