On February 10, the Government issued Decree 03/2023/ND-CP defining functions, duties, powers and organizational structure of the National Competition Commission.
The National Competition Commission is an agency under the Ministry of Industry and Trade, with the function of conducting competition proceedings, controlling economic concentration, deciding on exemptions from prohibited competition restriction agreements, settling complaints about appeal against decisions on handling of competition cases in accordance with law; advise and assist the Minister of Industry and Trade in performing the state management of competition, protecting consumers’ interests and managing business activities in a multi-level manner.
Committee to implement the mission, powers, including, in competition proceedings, to detect, verify and evaluate information and evidence on acts showing signs of violation of the provisions of the law on competition; receive, verify and evaluate information and evidences about acts with signs of violation of regulations of law on competition provided by organizations and individuals; to receive, consider and handle competition case complaint dossiers; conduct investigation of competition cases according to the provisions of law; handle competition cases in accordance with law;…
The National Competition Commission controls economic concentration activities in accordance with the law on competition; receive and accept dossiers of notification of economic concentration, appraise and decide on economic concentration in accordance with law; receive, accept and appraise the application for exemption from a prohibited competition restriction agreement, and decide on an exemption from a prohibited competition restriction agreement in accordance with law.
[Nâng cao tiềm lực khoa học và công nghệ, năng lực cạnh tranh quốc gia]
At the same time, the Commission has the task of monitoring, detecting, verifying and handling or recommending to competent authorities to handle violations of regulations related to acts that hinder competition in the market by regulatory agencies. countries and other prohibited acts related to competition of organizations and individuals; perform the tasks of state management of competition, protection of consumers’ interests, and management of business activities by a multi-level method in accordance with law.
The National Competition Commission has a maximum of 15 members, including the Chairman, one or more Vice-Chairmen and other members. Committee members participate in competition proceedings as assigned by the President of the National Competition Commission.
Members of the National Competition Commission, competition procedure-conducting persons, experts, interpreters and witnesses are entitled to the fostering regime under the Prime Minister’s Decision.
Regarding the organizational structure, the assisting apparatus to perform the competition proceedings function, to control the economic concentration, to decide on the exemption from the prohibited competition restriction agreement, to settle complaints about the handling decision. Competition cases according to the provisions of the National Competition Commission’s laws include: Competition investigation agency; Secretariats of Councils dealing with competition cases; Competition Supervisory Board.
A competition investigation agency is set up. The Minister of Industry and Trade shall decide on the number of rooms under the Competition Investigation Agency. The agency investigating the competition case has legal status, its own seal and is allowed to open an account at the State Treasury in accordance with law.
Some affiliated units National Competition Commission perform the function of state management of competition, protection of consumers’ interests and management of business activities in a multi-level manner within the competence prescribed by the Ministry of Industry and Trade./.
(VNA/Vietnam+)