Luat Viet

Administrative procedures in competition matters

On 16^th December 2011, the Government issued Decree no. 119/2011/ND-CP amending and supplementing a number of administrative procedures stipulated in the Government’s Decree no. 116/2005/ND-CP dated 15^th September 2005 detailing the implementation of a number of articles of the Law on Competition.

According to Decree 119/2011/ND-CP, the following files are allowed to be submitted directly or sent via e-mail in the form of copies (scanned copies from the originals or soft copies of documents):

·         Files for notification of economic concentration;

·         Explanatory reports by the parties intending to enter into an agreement in restraint of competition or to participate in an economic concentration;

·         Complaint files of competition cases.

Those above files must contain the legal electronic signature of the legal representative of enterprises.

Simultaneously, the enterprises shall prepare and bear all responsibilities for the Detailed Explanatory Report on how the conditions for entitlement to exemption for economic concentration are satisfied and the agreement in restraint of competition. Previously, this report must be presented in the form of feasibility study report and prepared and assessed by the scientific and technological organizations or R&D organizations.

There is a notable remark that during the assessment of the Detailed Explanatory Report on how the conditions for entitlement to exemption, the administrative body for competition may arrange to ask for opinion from the scientific and technological organizations and R&D organizations.