Nghị định 05/2006/ND-CP

DECREE

ON ESTABLISHMENT, FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM COMPETITION COUNCIL

GOVERNMENT

Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Law on Competition dated December 3, 2001;
Pursuant to the Decree No 86/2002/NĐ-CP dated November 05, 2002 by the Government on functions, duties, powers and organizational structure of ministries, ministerial-level agencies;
Pursuant to the Decree No 29/2004/NĐ-CP dated January 16, 2004 by the Government on functions, duties, powers and organizational structure of the Ministry of Trade;
Upon the request of the Minister of Trade,

DECREE :

Article 1. Establishment of Vietnam Competition Council

Vietnam Competition Council shall be established. Its transaction name in English shall be Vietnam Competition Council, which shall be abbreviated as VCC.

The Vietnam Competition Council shall have the legal status, a stamp imprinted with the national coat of arms, be allowed to open its bank account in the State Treasury as stipulated by law.

The fund for the operation of the Vietnam Competition Council shall be allocated from the state budget and prepared in the annual estimated budget of the Ministry of Trade.

Article 2. Position and function

The Vietnam Competition Council is an independent executive agency, has the function of handling limitted competition acts.

Article 3. Duties and powers

The Vietnam Competition Council  shall have the following duties and powers:

1. to organize the handling of affairs related to limitted competition acts as stipulated by law.

2. to establish a Council for handling competition cases which will handle a concrete case

3. to request the concerned organizations, individual people to provide information, documents needed to implement the assigned duties.

4. to decide on application, change, abolishment of administrative prevention measures after receiving a file of competition case as stipulated by law.

5. to handle complaints, denouncements against competition cases related to limitted competition acts as stipulated by law.

6. to do other duties, powers as stipulated by law.

Article 4. Organizational structure                            

1. The Vietnam Competition Council shall have from 11 to 15 members who are appointed, deappointed by the Prime Minister upon the request of the Minister of Trade. The members of the Vietnam Competition Council shall have to fully meet the requirements provided for in Article 55 of the Law on Competition.

The members of the Vietnam Competition Council shall work on basis of a 5-year term and may be re-appointed.

2. The Vietnam Competition Council shall be assisted by a Secretariat. Functions, duties, organizational structure of the Secretariat of the Vietnam Competition Council shall be specified by the Minsiter of Trade.

3. The Vietnam Competition Council shall be responsible for elaborating a regulation on its organization and operation and submit it to the Minister of Trade for approval.

Article 5. Leadership of the Vietnam Competition Council

The Vietnam Competition Council shall be headed by a Chairman. The Chairman of the Vietnam Competition Council shall be appointed, de-appointed among the members of the Vietnam Competition Council by the Prime Minister upon the request by the Minister of Trade.

The Chairman of the Vietnam Competition Council shall be responsible for organizing its operation.

Article 6. Implementation effect

This Decree shall take effect 15 days after the date of its publishment on the Gazette.

Article 7. Implementation responsibility

The Minister of Trade, the ministers, the heads of the ministerial-level agencies, the heads of the Government-affiliated agencies, the chairmen of the People’s Committee or the provinces, the centrally-run cities shall be responsible for implementing this Decree./.