NATIONAL COMPETITION COMMISSION SHALL OFFICIALLY REPLACE THE COMPETITION COUNCIL AND THE COMPETITION AND CONSUMER AUTHORITY FROM APRIL 1, 2023

The Vietnam National Competition Commission ("VNCC") is a focal point under the Ministry of Industry and Trade, established upon the reorganization of the Vietnam Competition and Customer Authority ("VCCA"), the Vietnam Competition Council ("VCC") and its Office. Pursuant to Decree No. 03/2023/ND-CP ("Decree 03") dated February 10, 2023, VNCC is in charge of competition litigation, competition supervision and state management in three areas (including competition; consumer interest protection and multi-level business).

In addition to the inheritance of the tasks and authority of the VCC and VCCA (except for those related to anti-dumping, anti-subsidy and application of safeguard measures to imported goods – within the functions of the Trade Remedies Authority of Vietnam),  Decree 03 further clarifies several rights of the VNCC in order to facilitate this agency in competition proceedings:

1. Request competent agencies and persons to coordinate and support the investigation and settlement of the competition case;
2. Request competent agencies for application of measures to prevent and ensure the handling of administrative violations in the investigation and settlement of the competition case as per the law on handling administrative violations;
3. Coordinate with competent state agencies in the process of investigating and handling violations having criminal signs;
4. Receive and consider applications for clemency, decide on the exemption or reduction of sanctions under the clemency policy in accordance with the law on competition;

Regarding the organizational structure, as specified in Decree 03, the VNCC includes the following units:

1. The Competition Investigation Agency: has legal status, has its own seal and is allowed to open an account at the State Treasury as per law. The Minister of Industry and Trade shall decide the number of departments under this Agency;
2. The Secretariat of the Councils handling competition cases;
3. The Competition Supervision Board;
4. Other units in charge of state management of competition, consumer interest protection and multi-level business.

Under Decree 03, the VNCC shall officially come into operation, replacing the VCC and VCCA from 01/4/2023.