Standards for members of National Competition Commission in Vietnam

Standards for members of National Competition Commission in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Standards for members of National Competition Commission in Vietnam

Pursuant to Article 49 of the Competition Law 2018, regulations on standards for members of National Competition Commission include:

- Being Vietnamese citizens, having good moral qualities, integrity and honesty.

- Obtaining at least a bachelor's degree or higher in law, economics or finance.

- Having at least 9 years of work experience in one of the domains defined in Clause 2 of Article 49 of the Competition Law 2018.

2. Regulations on members of National Competition Commission in Vietnam

Specifically, Article 48 of the Article 49 of the Competition Law 2018 stipulates members of National Competition Commission as follows:

- Members of the National Competition Commission act as members of anti-competitive settlement council or anti-competitive complaint handling council in accordance with the competition legal proceedings prescribed in this Law.

- The maximum number of members of the National Competition Commission is 15, including: President and other members. Members of the National Competition Commission are officials of the Ministry of Industry and Trade, relevant ministries, experts and scientists.

- Members of the National Competition Commission shall be appointed and dismissed by the Prime Minister at the request of the Minister of Industry and Trade.

- Term of office of members of the National Competition Commission is 5 years and they may be reappointed.

3. Duties and powers of the National Competition Commission in Vietnam

VCC shall have the following tasks and powers:

- Regarding competition proceedings

+ Detect, verify and evaluate information and evidences of signs of violations against regulations of law on competition;

+ Receive, verify and evaluate information and evidences of signs of violations against regulations of law on competition provided by other organizations and individuals; receive, consider and handle competition case files;

+ Conduct investigations into competition cases in accordance with regulations of law;

+ Resolve competition cases in accordance with regulations of law;

+ Receive, handle and deal with complaints against decisions on competition cases in accordance with regulations of law;

+ Engage in administrative procedures in respect of decisions on complaint cases issued by the chairperson of VCC or council in charge of settlement of anti-competitive cases in accordance with the administrative procedure code;

+ Request relevant competent authorities and persons to cooperate and provide assistance during investigation and resolution of competition cases; request relevant authorities, organizations and individuals to provide information and documents concerning competition cases;

+ Request competent authorities to implement preventive measures for ensuring the enforcement of administrative penalties during investigation and resolution of competition cases in accordance with regulations of law on penalties for administrative violations;

+ Cooperate with foreign competition authorities during the process of competition proceedings in accordance with regulations of law;

+ Cooperate with competent authorities during investigation and handling of violations against regulations of law on competition which show signs of crime;

+ Receive and consider applications for leniency, and issue decisions on immunity from fines or reduction of fines under the leniency policy in accordance with regulations of law on competition;

+ Impose administrative penalties within its competence or request competent authorities to impose certain additional penalties and remedial measures for violations against regulations of law on competition;

+ Perform other tasks in competition proceedings in accordance with regulations of law on competition.

- Control economic concentration activities in accordance with regulations of law on competition; receive and handle economic concentration notification dossiers, carry out appraisal and issue decisions on economic concentration in accordance with regulations of law.

- Receive, handle and appraise applications for exemption from prohibition of anti-competitive agreements, and issue decisions on exemption from prohibition of anti-competitive agreements in accordance with regulations of law.

- Supervise, detect, verify and take actions or request competent authorities to take actions against violations against regulations concerning acts or behaviors that prevent competition in the market of regulatory authorities and other prohibited acts relating to competition of other organizations or individuals.

- Perform state management of competition, protection of consumer rights, and multi-level marketing operations in accordance with regulations of law.

- Perform other tasks and powers assigned by the Minister of Industry and Trade of Vietnam in accordance with regulations of law.

(Article 2 of Decree 03/2023/ND-CP)

Ho Quoc Tuan

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