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Authority and Mission

07/05/2020 -

1. Position and function

1.The Vietnam Competition Authority, an organization under the Ministry of Industry and Trade, has the function of counselling, assisting the Minister of Industry and Trade in undertaking state administration and conducting law enforcement in competition, antidumping, antisubsidy, imposition of safeguards measures on imported goods into Vietnam; consumers’ rights protection; defense against litigation cases in international trade relating dumping, subsidy and imposition of safeguards measures in accordance with law.

2. Vietnam Competition Authority has legal entity status, its own seal and account in accordance with law; its activity budget is financed by the state budget and other sources in accordance with law.

English name: Vietnam Competition Authority.

Shortname: VCA.

Headquarters is in Hanoi

2.Task and power

1. Draft and submit to the Minister for issuance or for the Minister to submit to relevant authorities for approval, issuance of legal normative documents on competition, antidumping, antisubsidy, application of safeguards measures on imported goods into Vietnam and consumers rights protection.

2. Conduct the enforcement of legal normative documents after being approved, issued by relevant authorities. Identify and propose to the relevant authorities to handle with documents which have irrelevant content with the regulation of law on competition, antidumping, antisubsidy, application of safeguards measures on imported goods into Vietnam and consumers rights protection.

3. Issue pursuant to authority the guiding documents with regards to the profession and specialisation on competition, antidumping, antisubsidy, application of safeguards measures on imported goods into Vietnam and consumers rights protection in accordance with law.

4. With regards to competition

a)To accept and conduct investigations of competition cases related to competition restriction practices for the Competition Council to handle in accordance with law;

b)To conduct investigations, handle or propose the handling measures with regards to acts in violation of  the legislation on competition in accordance with law;

c)To evaluate requests for exemption eligibility according to the legislation to submit to the Ministry of Industry and Trade for decision.

d)To supervise the process of economic concentration.

dd)To build up and manage the information system on dominant and monopoly enterprises in the market, competition principles applied to associations and exemption cases.

5. With regards to handling antidumping, antisubsidy and imposing of safeguards measures on imported goods into Vietnam

a)To preside over and coordinate with relevant agencies to organize the enforcement of legal provisions on anti-dumping, anti-subsidy and impositionn of safeguards measures on imported goods into Vietnam;

b) To accept and conduct investigations of the importing of foreign goods into Vietnam to propose the imposition of anti-dumping, anti-subsidy and safeguards measures in accordance with law;

c)To propose to the Minister of Industry and Trade for decision on imposition of provisional anti-dumping, anti-subsidy duty and provisional safeguards measures in accordance with law;

d)To report investigation results to the Council for Handling Cases of anti-dumping, anti-subsidy and safeguards for consideration, submission to the Minister of Industry and Trade for decision on application or non application of anti-dumping, anti-subsidy and safeguards measures on imported goods into Vietnam;

e)To preside over and coordinate with relevant agencies to guide and review the implementation of decisions on application of anti-dumping, anti-subsidy and safeguards measures.

6. Early warning of antidumping cases; chair or coordinate with enterprises, industry associations in the defence against antidumping, antisubsidy and safeguards cases of foreign countries on exports of Vietnam.

7. Contact point, coordinate with line ministries on dialogue on market economy status with countries, terriories; chair or participate in negotiations on competition and trade remedies in international treaties as assigned by the Minister.

8. With regards to consumer rights protection

a) Receive registration for sample contracts, common transaction conditions in the case of sample contracts, common transaction conditions applied nationwide or in more than 2 provinces, cities under central authority;

b) Settle complaints and denunciations within its competence; handling or proposing he handling measures with regards to violations of the legislation on consumer rights protection.

c) Publicize the list of organisations, individuals doing business which violate consumer rights in mass media, post at headquarters and in VCA’s website.

9. International cooperation in the establishment and enforcement of legislation on competition, antidumping, antisubsidy, imposition of safeguards measures and consumer rights protection

10. Request relevant organisations, individuals to provide information, documents necessary for the implementation of assigned task; be eligible to use domestic and foreign counsels if necessary as required by the work in accordance with law.

11. Apply administrative prevention measures, penalties on administrative violation and remedial measures in accordance with law.

12. Propagate, train, disseminate law and policies relating to competition, antidumping, antisubsidy, imposition of safeguards measures on imported goods into Vietnam and consumer rights protection

13. Conduct training for purpose of capacity building for officials in charge of competition, antidumping, antisubsidy, imposition of safeguards measures and consumer rights protection

14. Guide and inspect the activities of profession associations with regards to competition, antidumping, antisubsidy, imposition of safeguards measures and consumer protection in acoordance with law.

15. Organise, establish database, manage and provide informaion for state agencies, organisations, individuals if requested in accordance with legislation on competition, antidumping, antisubsidy, imposition of safeguards measures on imported goods into Vietnam and consumer rights protection.

16. Inspect the implementation of legal regulation with regards to the management of competition, antidumping, antisubsidy, imposition of safeguards measures on imported goods into Vietnam and consumer rights protection; handle complaints and denunciation in accordance with law and and the hierarchical management  of the Ministry.

17. Establish and implement the administrative reform program of VCA in line with the target and content of the administrative reform program of the Ministry.

18. Manage the organisation, staff, implement the wage mechanism and policies, remuneration regimes with regards to emulation, reward and commendation, penalty, capacity building for staff of VCA in accordance with law and the hierarchical management  of the Ministry.

19. Conduct finance, property management assigned, implement the allocated budget in accordance with law.

20. Conduct other duties as assigned by the Minister.

Specific functions, duties, powers and organizational structure of Vietnam Competition Authority are stipulated by Decision No. 848/QD-BCT of the Ministry of Industry and Trade.

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