Decree 06/2006/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Department Of Management Competition

Original Language Title: Nghị định 06/2006/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Cục Quản lý cạnh tranh

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The DECREE stipulates the functions, duties, powers and organizational structure of the Department of management to compete _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Basing the Ordinance on the protection of the rights of consumers on April 27, 1999;
Basing the Ordinance On protection of foreign merchandise imported into Vietnam on May 25, 2002;
Basing the Ordinance on anti-dumping goods imported into Vietnam on April 29, 2004;
Basing the Ordinance On anti-subsidy goods imported into Vietnam on August 20, 2004;
Pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Ministry of Commerce;
Considering the recommendation of the Minister of trade, the DECREE: article 1. The position and function 1. Competitive administration is directly under the Ministry of Commerce organization functions help make trade Minister of State management on competition, anti-dumping, anti-subsidy, safeguard measures applied to goods imported into Vietnam; protecting the rights of consumers; in collaboration with businesses, industry associations in dealing with lawsuits in international trade involving dumping, subsidies and the application of the safeguard measures.
Competition management department name in English: Vietnam Competition Administration Department, abbreviated VCAD.
2. the competition authority has legal personality, seal shaped coat, opened an account at the State Treasury, to be used to seal the transaction under the provisions of the law. The funding activities of the Department of management to compete due to the State budget.
The headquarters of the Department of management to compete in the city of Makati and opened representative offices in the province, and other cities.
The opening of representative offices in the provinces, other cities by the Commerce Minister to decide.
Article 2. Duties and powers of the competition authority to perform the duties and powers prescribed by the law on competition, anti-dumping, anti-subsidy, safeguard measures applied to goods imported into Vietnam, protect consumer interests and tasks, the following specific powers : 1. Build and process the Minister of commercial legal documents about the competition, anti-dumping, anti-subsidy, safeguard measures applied to goods imported into Vietnam and protect consumer rights; the Organization made the legal text after it is issued.
2. check the Guide, reviews and general implementation of the legal text, planning, plan, program, projects approved in the areas of the Agency's functions in the management of the competition.
3. Findings and recommendations to the relevant authorities to resolve under the authority of the text issued content does not conform with the provisions of the competition law, anti-dumping, anti-subsidy, safeguard measures applied to goods imported into Vietnam and protect consumer interests.
4. About the competition: a) the accepting organization, investigate the competition related to restrict competition to the processor Competitiveness Council under the provisions of the law.
b) Organization investigate the handling for the competitive case related to acts of unfair competition and violations of the laws of the other competition under the provisions of the law.
c) appraisal of records suggest that enjoy exemption under the provisions of the law to the Minister of Commerce decision, or Its expansion the Government decision.
d) control the process of economic concentration.
DD) building, the management information system of the enterprise has the dominant position in the market, the exclusive business of competition rules in the Association, about the exclusion.
5. About the incident handling anti-dumping, anti-subsidy and safeguard measures applied to goods imported into Vietnam: a) presiding, in cooperation with the relevant agencies in implementation of the provisions of the law on anti-dumping, anti-subsidy and safeguard measures applied to goods imported into Vietnam.
b) accepting, investigating organizations importing foreign goods to Vietnam to adopt anti-dumping measures, anti-subsidy and self-defense in accordance with the law.
c) recommendations to the Minister of Commerce decision to apply anti-dumping tax, temporary anti-subsidy tax and decide to apply temporary safeguard measures in accordance with the law.
d) reported the results of the investigation over the incident handling Council anti-dumping, anti-subsidy and safeguard review, the Trade Minister, the decision to apply or not to apply the measures anti-dumping, anti-subsidy and self-defense for goods imported into Vietnam.
DD) hosted, in cooperation with the relevant agency guidelines, reviewing the Executive decided to apply anti-dumping measures, anti-subsidy and self-defense.
6. Coordination with businesses, industry associations in dealing with anti-dumping cases, anti-subsidy and self-defense of foreign countries for Vietnam's export goods.
7. Complaints, accusations under the jurisdiction and process violates the law on the protection of consumer rights.
8. International cooperation in the formulation and enforcement of competition law, anti-dumping, anti-subsidy, apply the safeguard measures and the protection of consumer rights.
9. Requests the relevant organizations and individuals to provide information and documents necessary for the performance of tasks is delegated; used in and outside the country in case of necessity according to the requirements of the work according to the provisions of the law.
10. Application of the preventive measures, the administrative sanctions administrative violations and remedial measures prescribed by the law.
11. Advocacy, education, common law and policies relevant to the field of competition, anti-dumping, anti-subsidy, safeguard measures applied to goods imported into Vietnam and protect consumer interests.
12. Organization of training, advanced training, professional qualification for officers to do competitive management, anti-dumping, anti-subsidy, apply the safeguard measures and consumer protection.
13. Management Organization, a team of public servants, employees, assets, financial affairs according to regulations and the decentralization of the State.
14. The organization, build the database, manage and provide information for State agencies, organizations and individuals have requested under the provisions of the law on competition.
15. Perform other duties assigned by the Minister of Commerce.
Article 3. Organizational structure 1. The air helps the Director managed competition:-the Board investigating the incident restricted competition.
-Supervision and management of competition.
-Investigating and handling acts of unfair competition.
-The consumer protection Board.
-Handle anti-dumping, anti-subsidy and self-defense.
-International Cooperation Committee.
-Office.
2. The organization of the enterprises Management Bureau of competition:-the information centre.
-The training center investigator.
3. Other units directly under the Department of management to compete, including:-representatives of the competition authority in Da Nang.-representatives of the competition authority in Ho Chi Minh City.
The functions, duties, powers and organizational structure of the Department of management units follow the competition provisions of the Trade Minister.

The representative office of the Bureau of competition management has its own stamp and opened the account in the State Treasury pursuant to the provisions of the law.
Article 4. Leaders of the rival Administration Bureau Director and some Deputy. Director competitive management by appointing the Prime Minister, dismissed the proposal of the Minister of Commerce. Director of competition Department Manager is responsible to the Minister of Commerce on the overall activities of the Department of management to compete.
The Deputy, leader of the representative office of the Department by the Minister of Commerce appointed, dismissed the proposal of Chief competition management and responsible to the Chief of the field work to be assigned.
Article 5. Staffing of the competition authority by the Minister of trade in the total staffing of the Ministry of Commerce.
Article 6. Effective enforcement of this Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 7. Responsible for enforcement of the Trade Minister, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and the Director of the competition Department Manager is responsible for the implementation of this Decree.

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