What is issuance of Regulations on organization and operation of the National Competition Commission from February 15, 2024 in Vietnam?
Let me ask, is there a new regulation on organization and operation of the National Competition Commission from February 15, 2024 in Vietnam? Looking forward to your answer!
What is issuance of Regulations on organization and operation of the National Competition Commission from February 15, 2024 in Vietnam?
On December 28, 2023, the Minister of Industry and Trade issued Circular 40/2023/TT-BCT (effective from February 15, 2024) promulgating the Regulations on organization and operation of the Competition Commission Nation.
According to the Regulations on organization and operation of the National Competition Commission issued with Circular 40/2023/TT-BCT, the following contents are adjusted:
[1] Regulations on the organization and operation of the National Competition Commission regarding anti-competitive cases, including:
- Handle the case
- Resolve complaints about case handling decisions
- Participate in administrative proceedings and other related activities.
[2] Regulations on the organizational structure of the National Competition Commission include:
- Members of the National Competition Commission;
- The apparatus assists the National Competition Commission in performing the functions of competition proceedings, controlling economic concentration, deciding on exemptions from prohibited anti-competitive agreements, and resolving complaints against handling decisions. handle competition cases and perform state management functions on competition, protect consumer rights and manage business activities in a multi-level manner in accordance with the provisions of the Competition Law 2018, Decree 03 /2023/ND-CP and Decisions of the Minister of Industry and Trade
[3] Activities of the National Competition Commission that are not within the scope of section [1] are carried out in accordance with current regulations and working regulations issued by the Chairman of the National Competition Commission.
What is issuance of Regulations on organization and operation of the National Competition Commission from February 15, 2024 in Vietnam? (Image from the Internet)
What is process for establishing a Council to handle anti-competitive cases in Vietnam?
According to Article 5 of the Regulations on organization and operation of the National Competition Commission issued with Circular 40/2023/TT-BCT (effective from February 15, 2024) regulating establishment of a Council to handle anti-competitive cases are as follows:
Step 1 : The head of the competition investigation agency transfers the investigation report, investigation conclusions and anti-competitive case files to the Chairman of the National Competition Commission.
Step 2 : Within 15 days from the date of receiving the investigation report, investigation conclusions and anti-competitive case files, the Chairman of the National Competition Commission shall issue a decision to establish a Council to handle the case.
Step 3 : After the decision to establish a Council for Handling Competition Restriction Cases, the Secretariat of the Councils for Handling Competition Cases is responsible for transferring the investigation report, investigation conclusions and case files for Council members to handle anti-competitive cases.
What are regulations on duties and powers of members of the Council dealing with anti-competitive cases in Vietnam?
According to Article 6 of the Regulations on organization and operation of the National Competition Commission issued with Circular 40/2023/TT-BCT (effective from February 15, 2024) regulating duties and powers of members of the Council dealing with anti-competitive cases as follows:
Duties and powers of members of the Council dealing with anti-competitive cases
Members of the Anti-Competition Case Handling Council have the following duties and powers:
1. Fully participate in meetings of the Council dealing with anti-competitive cases according to the forms specified in Article 7 of this Regulation.
2. Research documents, investigation reports, investigation conclusions and records of anti-competitive cases to participate in discussions and votes at meetings of the Council dealing with anti-competitive cases. Opinions discussed at the meeting may be sent in writing before the meeting, except for meetings that require voting opinions.
3. Request the Chairman of the National Competition Commission to assist with information and documents to serve the handling of anti-competitive cases according to the provisions of Clauses 1 and 2 of this Article in writing according to Form No. 05 at Appendix issued together with this Regulation.
According to this Article, the duties and powers of members of the Council dealing with anti-competitive cases in Vietnam are prescribed as follows:
[1] Fully participate in meetings of the Council dealing with anti-competitive cases
[2] Research documents, investigation reports, investigation conclusions and anti-competitive case files to participate in discussions and votes at meetings of the Anti-competitive Case Handling Council
[3] Request the Chairman of the National Competition Commission to assist with information and documents to serve the handling of competition restriction cases
Best regards!
