How to determine evidence in competition legal proceedings in Vietnam? What are the competition presiding agencies in Vietnam?
What are competition legal proceedings in Vietnam?
According to the provisions of Clause 8, Article 3 of the 2018 Competition Law of Vietnam, “competition legal proceedings” means investigation, handling of competitions cases and handling of claims against decisions on settlement of a competition case (hereinafter referred to as settlement decisions) following the procedures prescribed herein.
In addition, in Clause 9, Article 3 of the 2018 Competition Law of Vietnam, “competition case” means case showing signs of violation of competition law, which is investigated and handled in accordance with this Law, including anti-competition, violation of regulations on economic concentration and unfair competition.
How to determine evidence in competition legal proceedings in Vietnam? What are the competition presiding agencies in Vietnam? (Image from the Internet)
How to determine evidence in competition legal proceedings in Vietnam?
According to Article 56 of the 2018 Competition Law of Vietnam stipulating the contents of evidence in competition legal proceedings as follows:
Evidence
1. Evidences are facts used as grounds for determining whether or not violations against competition law exist, violating enterprises and other details which are meaningful in the settlement of competition cases.
2. Evidences are collected from the following sources:
a) Readable, audible, visible materials, electronic data;
b) Exhibits;
c) Testimonies, explanations of witnesses;
d) Testimonies, explanations of complainants, investigated parties, related entities;
dd) Expertise conclusions;
e) Records made during the investigation, settlement of competition cases;
g) Other documents, objects or sources prescribed by law.
3. Determination of evidence:
a) Readable documents shall be regarded as evidence if they are originals or notarized/authenticated copies provided or certified by involved or competent entities.
b) Audible and visible materials shall be regarded as evidence if they are presented together with the written explanation by the persons who have such materials about the origin of the materials in case they make records on their own, or the written explanation about the origin of the materials by the persons who have provided such materials to the persons who submit them, or description of the circumstances related to such recording or filming;
c) Electronic data messages in the form of exchange of electronic data, electronic vouchers, electronic mails, telegrams, faxes and other similar forms in accordance with the provisions of law on e-transactions;
d) Exhibits regarded as evidence that must be original objects related to the case;
dd) Statements, testimonies of witnesses; statements, testimonies and explanations of the complainant, the person against whom the complaint is made (hereinafter referred to as respondent), the investigated party or relevant entities shall be regarded as evidence if they are recorded in writing, audio tapes, audio disks, video clips or by other audio and visual equipment as prescribed in Points a and b of this Clause or made verbally at the hearing;
e) Expertise conclusions shall be regarded as evidence if the expertise is carried out in accordance with the procedures prescribed by law.
4. The Government shall provide guidelines for this Article.
Thus, evidences are facts used as grounds for determining whether or not violations against competition law exist.
Evidence in competition legal proceedings must be determined from the following sources:
+ Readable documents shall be regarded as evidence if they are originals or notarized/authenticated copies provided or certified by involved or competent entities.
+ Audible and visible materials shall be regarded as evidence if they are presented together with the written explanation by the persons who have such materials about the origin of the materials;
+ Electronic data messages in the form of exchange of electronic data, electronic vouchers, electronic mails, telegrams, faxes and other similar forms in accordance with the provisions of law on e-transactions;
+ Exhibits regarded as evidence that must be original objects related to the case;
+ Statements, testimonies of witnesses; statements, testimonies and explanations of the complainant, the person against whom the complaint is made (hereinafter referred to as respondent), the investigated party or relevant entities shall be regarded as evidence if they are recorded in writing, audio tapes, audio disks, video clips or by other audio and visual equipment as prescribed in Points a and b of this Clause or made verbally at the hearing;
+ Expertise conclusions shall be regarded as evidence if the expertise is carried out in accordance with the procedures prescribed by law.
What are the competition presiding agencies in Vietnam?
According to the provisions of Article 58 of the 2018 Competition Law of Vietnam, the competition presiding agencies include:
- National Competition Commission;
- Anti-competitive settlement council;
- Anti-competitive complaint handling council;
- Competition Investigation Agency;
Thus, the competition presiding officers specified in Article 58 of the 2018 Competition Law of Vietnam include:
- President of the National Competition Commission;
- President of the anti-competitive settlement council;
- Members of the anti-competitive settlement council;
- Members of anti-competitive complaint handling council;
- Head of Competition Investigation Agency;
- Investigators;
- Hearing clerks.
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