Who has authority to grant exemption from anti-competitive agreements in Vietnam?
Who has authority to grant exemption from anti-competitive agreements in Vietnam? I am preparing to apply for an exemption from an anti-competitive agreement. Please ask, what does application comprise and which agency has the authority to make this decision?
1. Who has authority to grant exemption from anti-competitive agreements in Vietnam?
Pursuant to Article 20 of the 2018 Competition Law has the following provisions:
1. The National Competition Commission has power to grant or not grant exemption as prescribed in this Law; if exemption is not granted, it shall provide explanation in writing.
2. Time limit for granting exemption is 60 days from the date on which the application is accepted.
3. In a complicated case, the time limit prescribed in Clause 2 of this Article may be extended by the National Competition Commission but not exceeding 30 days. The extension must be notified to the applicant at least 3 working days before the deadline for consider granting the exemption.
4. If the National Competition Commission commits violations against regulations on procedures and time limit for granting exemption, the enterprise is entitled to file a claim or lawsuit as per the law.
As such, the authority to grant exemptions from anti-competitive agreements in Vietnam is the National Competition Commission.
2. Application for exemption from prohibition on anti-competitive agreements in Vietnam
Pursuant to Clause 2, Article 15 of the 2018 Competition Law, application for exemption from prohibition on anti-competitive agreements includes:
2. Required documents in exemption application:
a) An application form issued by the National Competition Commission;
b) Draft contents of the agreement reached by the parties;
c) A valid copy of the enterprise registration certificate or equivalent document of each enterprise participating in the anti-competitive agreement and a copy of the association's charter, for cases where an industry association participates in the agreement;
d) Financial statements of the two consecutive years preceding the year of submission of the exemption application or, in case of newly established enterprises, financial statements from the time of establishment to the time of submission of the exemption application of each enterprise participating in an anti-competitive agreement, which are certified by an auditing firm in accordance with the provisions of law;
dd) A report explaining in detail the eligibility for exemption as specified in Clause 1 Article 14 of this Law, enclosed with evidence;
e) Letter(s) of authorization given to representatives by the parties to the anti-competitive agreement.
Best Regards!
