Promulgation of regulations on the organization and operation of the National Competition Commission in Vietnam

Promulgation of regulations on the organization and operation of the National Competition Commission in Vietnam

According to Regulations on Organization and Operation of the National Competition Commission Issued together with Circular 40/2023/TT-BCT (hereinafter referred to as Regulations), the scope of regulation and subjects of regulation are as follows:

(1) Adjustment range:

- This Regulation regulates the organization and operations of the National Competition Commission regarding anti-competitive cases, including: handling cases, resolving complaints about case handling decisions, participating in administrative proceedings, and other related activities.

- Regulations on the organizational structure of the National Competition Commission including: members of the National Competition Commission; The apparatus assists the National Competition Commission in performing the functions of competition proceedings, controlling economic concentration, and deciding on exemptions for prohibited anti-competitive agreements, resolve complaints about decisions on handling competition cases and perform state management functions on competition, protect consumer rights and manage business activities multi-level method implemented in accordance with the provisions of the Competition Law 2018, Decree 03/2023/ND-CP and Decisions of the Minister of Industry and Trade.

- Activities of the National Competition Commission that are not within the scope of the above regulations shall comply with current regulations and working regulations issued by the Chairman of the National Competition Commission.

(2) Subjects of application:

This Regulation applies to agencies conducting competition proceedings, people conducting competition proceedings, participants in competition proceedings, organizations, and individuals involved in anti-competitive cases according to the provisions of competition law.

Duties and powers of members of the Council dealing with anti-competitive cases in Vietnam

Members of the Anti-Competition Case Handling Council have the following duties and powers:

- Fully participate in meetings of the Council dealing with anti-competitive cases according to the forms specified in Article 7 of the Regulations.

- 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. Opinions discussed at the meeting may be sent in writing before the meeting, except for meetings that require voting opinions.

- Request the Chairman of the National Competition Commission to provide information and documents to support the handling of anti-competitive cases according to written regulations according to Form No. 05 in the Appendix issued with the Regulations.

More details can be found in Circular 40/2023/TT-BCT, taking effect on February 15, 2024.

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