DECREE

ON FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM COMPETETION ADMINISTRATION DEPARTMENT

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 Ordinance on Protection of Rights of Customers dated April 27, 1999;
Pursuant to the Ordinance on Self Defense in Importing foreign goods into Viet Nam dated May 25, 2002;
Pursuant to the Ordinance on Combat against Dumping of Goods Imported into Viet Nam dated April 29, 2004;
Pursuant to the Ordinance on Combat against Subsidy for Goods Imported into Viet Nam dated August 20, 2004;
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. Position and functions

1. The Vietnam Competition Administration Department shall be an organization affiliated to the Ministry of Trade, have a function of assisting the Minister of Trade to exercise the state management over the competition, combat against dumping, combat against subsidy, application of self defense measures towards goods imported into Viet Nam; protecting rights of customers; coordinating with enterprises, goods industry associations to deal with lawsuits in international trading, which are related to the breaking of prices, the subsidy and the application of self defense measures.

The Vietnam Competition Administration Department has the transaction name in English as Vietnam Competition Administration Department, which is abbreviated as VCAD.

2. The Competition Administration Department shall have a legal status, a stamp imprinted the national coat of arms, be allowed to open its bank account, to use its respective stamp for its transaction as stipulated by law. Fund for the operation of the Vietanm Competition Administration Department shall be allocated from the state budget.

The Vietnam Competition Administration Department shall have its headquarter  located in Ha Noi City and representative offices in provinces, other cities.

The establishment of its representative offices shall be decided by the Minister of Trade.

Article 2. Duties, powers

The Vietnam Competition Administration Department shall exercise duties, powers according to the legislation on competition, combat against dumping, combat against subsidy, protection of customers’ rights and the following duties, powers:

1. To elaborate and submit to the Minister of Trade legal documents on competition, combat against dumping, combat against subsidy, application of self defense measures towards goods imported into Viet Nam, protection of customers’ rights; to organize the implementation of the legal documents after they are issued.

2. To instruct to examine, evaluate and synthesize the implementation of legal documents, approved planning, plans, programmes, projects of the work areas falling under the function of the competition administration agency.

3. To investigate and request the concerned agency(ies) to handle, within their competence, the legal documents of which the contents do not conform with the legislation on competition, combat against dumping, combat against subsidy, application of self defense measures towards goods imported into Viet Nam, protection of customers’ rights

4. With regard to competition:

a. To handle, to organize the investigation of competition cases related to limitted competition acts for the Competition Council to handle as stipulated by law.

b. To organize investigation of competition cases related to unhealthy  competition acts and the acts that violate the legislation on competition as stipulated by law.

c. To evaluate files of requests for being entitled to an exception according to the legislation and submit them to the Minister of Trade or to the Prime Minister for decision.

d. To supervise the process of economic centralization.

đ.To build up, to manage a system of information about dominant enterprises in the market, mono-power enterprises, competition principles applied to associations, exception cases.

5. With regard to handling cases (vu viec) of combat against dumping, combat against subsidy and application of self defense towards goods imported into Viet Nam.

a. To take the main responsibility for and coordinate with the concerned agencies to organize the implementation of the legal provisions on combat against dumping, combat against subsidy and application of self defense towards goods imported into Viet Nam.

b. To receive, to organize the investigation of the importing of foreign goods into Viet nam and propose measures of combat against dumping, combat against subsidy and self defense as stipulated by law.

c. To make request to the Minister of Trade to give decision on application of tax on combat against dumping, combat against temporary subsidy and application of self defense measures as stipulate by law.

d. To report  the results of the investigation to the Council for Handling Cases, to make a report to the Minister of Trade for decision on application or non application of measures for combat against dumping, combat against temporary subsidy and self defense towards goods imported into Viet Nam.

đ) To take the main responsibility for and coordinate with the concerned agencies to guide and review the implementation of the decisions on application of measures for combat against dumping, combat against subsidy and self defense.

6.  To coordinate with enterprises, goods industry associations in handling complaints related to combat against dumping, combat against temporary subsidy and self defense towards goods imported into Viet Nam.

7. To handle complaints, denouncements falling under competentce and violations of the legislation on protection of customers’rights.

8. To carry out international co-operation activities in elaborating and implementing the legislation on competition, combat against dumping, combat against temporary subsidy, application of measures of self defense and protection of customers’ rights.

9. To request organizations, individual people to provide necessary information, documents for the implementation of the assigned duties; to be entitled to using local and foreign consultants in a necessary circumstance as stipulated by law.

10. To apply administrative prevention measures, administrative violation punishment forms and consequence resolving measures as stipulated by law.

11. To propagadize, to educate, to disseminate the legislation and the policies related to competition, combat against dumping, combat against subsidy, application of self protection towards goods imported into Viet Nam and protection of customers’ right.

12. To organize training, upgrading for improved professional qualification to the officials implementing management over competition, combat against dumping, combat against subsidy, application of self protection and protection of customers’ right.

13. To manage the organization, the contingent of public servants, public officials, property, finance assinged as stipulated and delegated by the State.

14. To organize, to develop a database, to manage and to provide information for state agencies, organizations, individual people having a demand for as stipulated by the legislation on competition.

15. To do other duties assigned by the Minister of Trade.

Article 3. Organizational structure

1. The assistant apparatus to the Head of the Vietnam Competition Administration Department:

- Committee of Limitted Competition Investigation

- Committee of Competition Supervision and Management

- Committee of Unhealthy Competition Investigation

- Committee of Customer Protection

- Committee of Handling of Combat Against Dumping, Combat Against Subsidy and Protection

- Committee of International Cooperation

- Office

2. Service delivery organizations affiliated to the Vietnam Competition Administration Department

- Information Center.

- Center for Training of Investigators

3. Other units affiliated to the Vietnam Competition Administration Department, including:

- Representative Office in Da Nang.

- Representative Office in Ho Chi Minh City.

Functions, duties, powers and organizational structure of the units affiliated to the Vietnam Competition Administration Department shall be specified according to the decision by the Minister of Trade.

The representative offices of the Vietnam Competition Administration Department shall have their own seals and be entitled to opening an account in the State Treasury as stipulated by law.

Article 4. Leadership

The Vietnam Competition Administration Department shall have a director and a number of deputy directors. The Director of the Vietnam Competition Administration Department shall be appointed, deappointed at the proposal of the Minister of Trade and be accountable to the Minister of Trade for all the operation of the Vietnam Competition Administration Department.

The Deputy Directors, the Heads of the representative offices of the Department shall be appointed, deappointed by the Minister of Trade at the proposals of the Director of the Department and be accountable to the Director of the Department for their assigned work.

Article 5. Staff

The staff of the Vietnam Competition Administration Department shall be decided on among all the staff of the Ministry of Trade by the Minister of Trade

Article 6. Implementation effect

This Decree shall take effect 15 days after the date of its publishment on the Gazette. The previous provisions contrary to this Decree shall be annulled.

Artile 7. Implementation responsibility

The Minister of Trade, the minister, the heads of ministerial-level agencies, the heads of the Government-affiliated agencies, the chairmen of the People’s Committees of provinces, centrally-run cities and the Director of the Vietnam Competition Administration Department are responsible for implementing this Decree./.