What is the National Competition Commission? Standards for members of National Competition Commission in Vietnam

What is the National Competition Commission? Standards for members of National Competition Commission in Vietnam (Internet image)

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

1. What is the National Competition Commission?

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

The Competition Investigation Agency and other units form an assisting apparatus of the National Competition Commission.

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

According to Clause 2, Article 46 of the Law on Competition 2018, the National Competition Commission has the following duties and powers:

- Give advice to the Minister of Industry and Trade for performing state management of competition;

- Initiate competition legal proceedings; control economic concentration; consider granting exemption decision; handle complaints against settlement decisions and other duties as prescribed in this Law and other law provisions.

3. Standards for members of National Competition Commission in Vietnam

Standards for members of National Competition Commission in Vietnam according to Article 49 of the Law on Competition 2018 are as follows:

- 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 Law on Competition 2018.

4. Regulations on members of National Competition Commission in Vietnam

Regulations on members of National Competition Commission in Vietnam according to Article 48 of the Law on Competition 2018 are 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.

5. Regulations on Competition Investigation Agency in Vietnam

Regulations on Competition Investigation Agency in Vietnam according to Article 50 of the Law on Competition 2018 are as follows:

- The Competition Investigation Agency is an authority under the National Competition Commission and in charge of investigating violations against the Law on Competition 2018.

- The Competition Investigation Agency shall have the duties and powers to:

+ Gather and receive information for detecting signs of violations against the Law on Competition 2018;

+ Organize the investigation of competition cases;

+ Propose the application, change or cancellation of measures to prevent and guarantee imposition of sanctions against administrative violations in investigation and settlement of competition cases;

+ Carry out investigation measures in the course of investigating competition cases as per the law;

+ Other duties as assigned by the Chairperson of the National Competition Commission.

6. Standards for investigators in Vietnam

Standards for investigators according to Article 53 of the Law on Competition 2018 are as follows:

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

- Being officials of the National Competition Commission.

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

- Having at least 5 years of work experience in one of the domains defined in Clause 3 of Article 53 of the Law on Competition 2018.

- Having been trained in investigation procedures.

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