Vietnam: What are the duties and powers of the Head of the Competition Investigation Agency cases when conducting competition proceedings?
What functions does the competition investigation agency in Vietnam have?
Pursuant to Article 50 of the 2018 Law on Competition in Vietnam, it stipulates:
Article 50. Competition Investigation Agency
1. The Competition Investigation Agency is an authority under the National Competition Commission and in charge of investigating violations against this Law.
2. The Competition Investigation Agency shall have the duties and powers to:
a) Gather and receive information for detecting signs of violations against this Law;
b) Organize the investigation of competition cases;
c) Propose the application, change or cancellation of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases;
d) Carry out investigation measures in the course of investigating competition cases as per the law;
dd) Other duties as assigned by the Chairperson of the National Competition Commission.
At the same time, pursuant to Clause 1, Article 5 of Decree 03/2023/ND-CP stipulates:
Organizational structure
1. The apparatus assists in performing the functions of competition proceedings, controlling economic concentration, deciding on exemptions from prohibited competition restriction agreements, settling complaints against decisions on handling competition cases in accordance with the provisions of law of the National Competition Commission:
a) The agency investigating the competition case;
b) The Secretariat of the councils handling competition cases;
c) Competition Supervision Board.
Accordingly, the agency investigating the competition case is a division of the National Competition Commission.
More specifically, the agency investigating the competition case has the following tasks and powers:
- Gather and receive information for detecting signs of violations against this Law;
- Organize the investigation of competition cases;
- Propose the application, change or cancellation of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases;
- Carry out investigation measures in the course of investigating competition cases as per the law;
- Other duties as assigned by the Chairperson of the National Competition Commission.
In addition, the Competition Investigation Agency cases also performs the functions of competition proceedings, controlling economic concentration, deciding on exemptions from prohibited competition restriction agreements, and resolving complaints about decisions on handling competition cases.
Vietnam: What are the duties and powers of the Head of the Competition Investigation Agency cases when conducting competition proceedings?
Who is appointed by the Head, Deputy Head of the Competition Investigation Agency in Vietnam?
Pursuant to Article 3 of Decree 03/2023/ND-CP stipulates:
Chairman, Vice Chairman of the National Competition Commission in VIetnam
1. The Chairman of the National Competition Commission is the head and responsibility before law for the organization and operation of the National Competition Commission.
2. The Chairman of the National Competition Commission shall submit to the Minister of Industry and Trade for promulgation the Regulations on organization and operation of the National Competition Commission.
3. The Chairman of the National Competition Commission shall appoint and dismiss the head of the competition investigation agency, the deputy head of the competition investigation agency, and the investigator of the competition case.
4. The Vice Chairman of the National Competition Commission shall be appointed or dismissed by the Minister of Industry and Trade at the request of the Chairman of the National Competition Commission to advise the Chairman of the National Competition Commission to perform the functions of state management of competition, protection of consumers' interests and management of business activities in a multi-level manner in scope of assigned tasks.
5. The Vice Chairman of the National Competition Commission shall be responsible to the Chairman of the National Competition Commission for the assigned field of work.
Accordingly, the Head of the Competition Investigation Agency and the Deputy Head of the Competition Investigation Agency shall be appointed by the Chairman of the National Competition Commission.
What are the duties and powers of the Head of the Competition Investigation Agency cases when conducting competitive proceedings in Vietnam?
Pursuant to Clause 1, Article 62 of the 2018 Law on Competition in Vietnam, the head of the competition investigation agency when conducting competition proceedings has the following tasks and powers:
- Decide the investigation of competition cases upon the approval of the President of the National Competition Commission;
- Decide the assignment of investigators for competition cases;
- Request entities to provide documents, information, objects and explanation related to the cases at the request of investigators;
- Decide the replacement of investigators of competition cases;
- Solicit expert opinion; replace expert witnesses or interpreters in the course of investigation;
- Summon witnesses at the request of involved parties;
- Decide the extension or suspension of investigation of competition cases upon the approval of the President of the National Competition Commission;
- Propose the President of National Competition Commission to request competent authorities to apply, change or cancel measures to prevent and guarantee imposition of sanctions against administrative violations in the course of investigation;
- Conclude the investigation of competitions cases;
- Join hearings;
- Other duties and powers prescribed by this Law.
Decree 03/2023/ND-CP will come into force from April 01, 2023.
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