Vietnam: What is competition legal proceeding? Who are competition presiding officers?

Vietnam: What is competition legal proceeding? Who are competition presiding officers? (Internet image)

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

1. What is competition legal proceeding?

Competition legal proceeding means investigation, handling of competitions cases and handling of claims against decisions on settlement of a competition case (hereinafter referred to as settlement decisions) following the procedures prescribed in the Competition Law 2018.

(Clause 8 of Article 3 of the Competition Law 2018)

2. Who are competition presiding officers?

According to Clause 2, Article 58 of the Competition Law 2018, competition presiding officers include:

- President of the National Competition Commission;

- President of the anti-competitive settlement council;

- Members of the anti-competitive settlement council;

- Members of anti-competitive complaint handling council;

- Head of Competition Investigation Agency;

- Investigators;

- Hearing clerks.

3. Principles of competition legal proceedings in Vietnam

Principles of competition legal proceedings specified in Article 54 of the Competition Law 2018 are as follows:

- All competition legal proceedings of competition presiding agencies, competition presiding officers, participants in competition legal proceedings and concerned entities must comply with the provisions of the Competition Law 2018.

- In the process of carrying out competition legal proceedings, the competition presiding agencies, competition presiding officers and participants in competition legal proceedings must, within the scope of their respective tasks and powers, keep secrets of the competition case and trade secrets of enterprises as per the law.

- Legitimate rights and interests of enterprises and relevant entities shall be respected during the competition legal proceedings.

4. Which are competition presiding agencies in Vietnam?

Competition presiding agencies include:

- National Competition Commission;

The National Competition Commission is a body affiliated to the Ministry of Industry and Trade, composed of President, Deputy Presidents, and members. (Clause 1, Article 46 of the Competition Law 2018)

- Anti-competitive settlement council;

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. (Clause 1, Article 60 of the Competition Law 2018)

- Anti-competitive complaint handling council;

- Competition Investigation Agency;

The competition investigation agency and other functional units are the assisting apparatus of the National Competition Commission. (Clause 1, Article 46 of the Competition Law 2018)

(Clause 1, Article 58 of the Competition Law 2018)

5. Prohibited acts related to competition in Vietnam

Prohibited acts related to competition include:

(1) State agencies are prohibited from performing the following acts to prevent competition on the market:

- Forcing, requesting, recommending enterprises, organizations or individuals to or not to buy, sell specific products, provide services or from/to specific enterprises, except for products and services in state-monopolized domains or in emergency cases prescribed by law;

- Discriminating among enterprises;

- Forcing, requesting, recommending industry associations, social-occupational organizations or enterprises to associate with one another with a view to restrain competition on the market;

- Taking advantage of their positions and powers to illegally intervene the competition.

(2) Organizations, individuals are prohibited from providing information, mobilizing, encouraging, coercing or enabling enterprises to engage in anti-competitive practices or unfair competition.

(Article 8 of the Competition Law 2018)

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