Functions, duties and powers

13/08/2024

1. Position and Function

The National Competition Commission is an agency under the Ministry of Industry and Trade with the functions of conducting competition proceedings, controlling economic concentration, deciding on exemptions for prohibited anti-competitive agreements, and resolving complaints against decisions on competition cases according to the law. It also advises the Minister of Ministry of Industry and Trade on state management of competition, consumer rights protection, and the management of multi-level marketing business activities.

The National Competition Commission's English trade name is the Viet Nam Competition Commission, abbreviated as VCC.

2. Legal Status and Headquarters

The Vietnam Competition Commission has legal personality, possesses a seal bearing the National Emblem, and is authorized to open accounts at the State Treasury. The operational funds of the National Competition Commission are guaranteed by the state budget.

The headquarters of the National Competition Commission is located in Hanoi.

2. Tasks and Powers

The Vietnam Competition Commission performs the following tasks and powers:

1. Regarding Competition Proceedings

a) Detect, verify, and assess information, evidence of acts that show signs of violating competition laws;

b) Receive, verify, and assess information and evidence of acts that show signs of violating competition laws provided by organizations and individuals; receive, review, and accept complaint dossiers on competition cases;

c) Conduct investigations of competition cases as prescribed by law;

d) Handle competition cases according to legal regulations;

e) Receive, accept, and resolve complaints against decisions on handling competition cases in accordance with the law.

f) Participate in administrative proceedings related to the resolution of complaints by the Chairman of the Vietnam Competition Commission and the Competition Handling Council as prescribed by administrative procedure law;

g) Request relevant authorities and individuals to cooperate and support the investigation and handling of competition cases; request agencies, organizations, and individuals to provide information and documents related to competition cases;

 

h) Request competent authorities to apply preventive measures and ensure administrative violation handling during the investigation and handling of competition cases as prescribed by administrative violation handling laws;

i) Engage in cooperation activities with foreign competition authorities during competition proceedings as prescribed by law;

k) Coordinate with competent state agencies during the investigation and handling of competition law violations that show signs of criminal offenses;

l) Receive and review leniency applications, and decide on exemptions or reductions of penalties according to leniency policies as prescribed by competition law;

m) Impose administrative sanctions within their authority, and request competent state agencies to apply additional sanctions and remedial measures for violations of competition law;

n) Perform other tasks related to competition proceedings as prescribed by competition law.

2. Control economic concentration activities as prescribed by competition law. The Commission receives, accepts, reviews, assesses, decides, and notifies on economic concentration cases in accordance with the law.

3. The Commission receives, accepts, and assesses dossiers requesting exemptions for prohibited anti-competitive agreements. The Commission decides on exemptions for prohibited anti-competitive agreements in accordance with the law.

4. The Commission monitors, detects, verifies, and handles or recommends competent authorities to handle violations related to anti-competitive practices in the market and other prohibited acts related to competition by organizations and individuals.

5. The Commission performs state management tasks related to competition, consumer protection, and manages multi-level marketing business activities in accordance with the law.

6. VCC performs other tasks and powers as prescribed by law assigned by the Minister of Industry and Trade.

The functions, tasks, powers, and organizational structure of the National Competition Committee are specifically stipulated in Government Decree No. 03/2023/NĐ-CP.