Decree 119/2010/nd-Cp: Revisions, Supplements The Administrative Procedure In Decree No. 116/2005/nd-Cp Dated 15 September 2005 Detailing The Government's Implementation Of Some Articles Of The Law On Competition

Original Language Title: Nghị định 119/2011/NĐ-CP: Sửa đổi, bổ sung thủ tục hành chính tại Nghị định số 116/2005/NĐ-CP ngày 15 tháng 9 năm 2005 của Chính phủ quy định chi tiết thi hành một số điều của Luật Cạnh tranh

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DECREE amending and supplementing the administrative procedure in Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law on competition _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on competition on December 3, 2004;
Considering the recommendation of the Minister of industry and trade DECREE, article 1. Modifying, supplementing a number of articles of Decree No. 116/2005/ND-CP dated 15 September 2005 detailing the Government's implementation of some articles of the law of competition 1. Additional amendments to article 38 as follows: "article 38. The message, the reply message of economic concentration 1. Notification profile economic focus of the business to join the economic concentration may be filed directly or through electronic networks in the form of a copy (a scan from the original text file,) accompanied by the electronic signature of the legal representative of the enterprise.
2. The reply to the notice of economic focus should be made in writing.
3. The text reply informed the economic focus of the competition agency must be sent to the following objects: a) the business registration agency and the other agencies have the authority to allow the merger, merger, acquisition, joint venture in accordance with the law;
b) representative of the parties to the economic concentration;
c) parties to the economic concentration. "
2. Modify Article 40 paragraph 1 as follows: "1. Justification to meet specific conditions to be entitled to immunity by independent and corporate business is responsible for the content of the report."
3. additional paragraph 3 and paragraph 4 to article 40 as follows: "3. the justification of the parties intended to join the agreement restricts competition or economic concentration may be filed directly or through electronic networks in the form of a copy (a scan from the original text file,) accompanied by the electronic signature case háp of legal representative of the enterprise.
4. In the process of evaluating the content of a specific justification to meet conditions to be entitled to an exemption, the competition agency may hold opinions of organizations of science and technology, the research and development organization. "
4. Modify the score i clause 1 Article 45 as follows: "i) signatures or party only complaints in cases of individual complaints as parties; signature and seal of the legal representatives of the parties to the complaint in the case of the complainant party hosted (applies in the case of records are not filed through the electronic network). "
5. additional paragraph 3 to article 45 as follows: "3. the complaining Party may apply directly or through electronic networks in the form of a copy (a scan from the original text file,) accompanied by the electronic signature of the legal representative of the enterprise. The complaining party responsible for the content of the record. "2. Effective enforcement of this Decree in effect enforced since January 2, 2012.
Article 3. Responsibility 1. Minister of industry and commerce is responsible for organizing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.