What is the Anti-competitive settlement council? What are the duties of the anticompetitive settlement council in competition legal proceedings in Vietnam?
What is the Anti-competitive settlement council?
According to the provisions of Article 60 of the 2018 Competition Law of Vietnam on the Anti-competitive settlement council as follows:
- The anti-competitive settlement council shall be set up by of the President of the National Competition Commission to deal with specific anti-competitive cases. It shall automatically terminate operation and dissolve upon completion of its tasks. Anti-competitive settlement council operates independently and in line with the law.
- The number of members of an anti-competitive settlement council shall be 3 or 5. These members shall be selected by the President of the National Competition Commission among the members of the National Competition Commission, of whom one shall be assigned to be the President of the anti-competitive settlement council.
- When handling anti-competitive cases, anticompetitive settlement council shall operate on the principle of collectivity and under the majority rule.
What is the Anti-competitive settlement council? What are the duties of the anticompetitive settlement council in competition legal proceedings in Vietnam?
What are the duties of the anticompetitive settlement council in competition legal proceedings in Vietnam?
According to the provisions of Clause 1, Article 61 of the 2018 Competition Law of Vietnam, the duties of the anti-competitive settlement council in competition legal proceedings are as follows:
Duties and powers of anti-competitive settlement council and its chairperson and members
1. An anti-competitive settlement council has duties and powers to:
a) Open a hearing;
b) Summon participants to the hearing;
c) Summon witnesses at the request of involved parties;
d) Solicit expert opinion; replace expert witnesses or interpreters;
dd) Require Competition Investigation Agency to conduct further investigation;
e) Suspend the settlement of anti-competitive cases;
g) Handle anti-competitive cases;
h) Request the President of National Competition Commission to perform duties and powers as prescribed in Clause 2 and Clause 5 Article 59 of this Law;
i) Other duties and powers prescribed by this Law.
2. The chairperson of anti-competitive settlement council has duties and powers to:
a) Handle anti-competitive cases;
b) Summon and preside over meetings of the anti-competitive settlement council;
c) Sign documents of the anti-competitive settlement council;
d) Other duties and powers prescribed by this Law.
3. Members of anti-competitive settlement council have duties and powers to:
a) Join all meetings of anti-competitive settlement council;
b) Discuss and vote on issues under duties and powers of anti-competitive settlement council.
Thus, an anti-competitive settlement council has duties and powers to:
- Open a hearing;
- Summon participants to the hearing;
- Summon witnesses at the request of involved parties;
- Solicit expert opinion; replace expert witnesses or interpreters;
- Require Competition Investigation Agency to conduct further investigation;
- Suspend the settlement of anti-competitive cases;
- Handle anti-competitive cases;
- Request the President of National Competition Commission to perform duties and powers as prescribed in Clause 2 and Clause 5 Article 59 of this Law;
- Other duties and powers as prescribed by the Competition Law and other relevant legal documents.
What are the tasks and powers of the President of the National Competition Commission when conducting competition legal proceedings in Vietnam?
According to the provisions of Article 59 of the 2018 Competition Law of Vietnam, the tasks and powers of the President of the National Competition Commission when conducting competition legal proceedings include:
- Decide the establishment of the anti-competitive settlement council to settle anti-competitive practices and appoint a hearing clerk among officials of the National Competition Commission.
- Decide the replacement of members of the anti-competitive settlement council, hearing clerks.
- Set up an anti-competitive complaint handling council and act as the council chairperson.
- Handle complaints against decisions on settlement of violations against regulations on economic concentration or unfair competition.
- Require competent authorities to apply, change or cancel measures to prevent and guarantee imposition of sanctions against administrative violations in the investigation and handling of competition cases as prescribed in law on sanctions against administrative violations.
- Decide the settlement of violations against economic concentration regulations.
- Decide the settlement of unfair competition cases.
- Other duties and powers as prescribed by the Competition Law and other relevant legal documents.
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