building and enforcing competition law and policies cao xuan quang – vietnam competition authority...
TRANSCRIPT
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BUILDING AND ENFORCING COMPETITION LAW AND POLICIES
Cao Xuan Quang – VIETNAM COMPETITION AUTHORITY
EXPERIENCES FROM VIETNAM
Viewpoints in this presentation do not necessarily express those of the VCA
Bali - Indonesia (November – 2011)
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www.vca.gov.vn www.qlct.gov.vn
CONTENTS
1. VIETNAM COMPETITION LAW
2. VIETNAM COMPETITION AUTHORITY
4. EXPERIENCE ON ENFORCING LAW
3. EXPERIENCE ON BUILDING LAW AND AGENCY
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1. Vietnam Competition Law
Approved on 03 December 2004Come into force on 01 July 200515 drafts during 4 years3 implementing decrees on
enforcement guidance2 implementing decrees on
competition authoritiesA number of detail guidelines
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1. Vietnam Competition LawCoverages:
Anticompetitive acts: addressing pure competition• Horizental agreements (Cartels)• Vertical agreements• Abuse of dominances• Economic concentration (M&As)
Unfair competition acts: addressing individual unfair trade practices
• Misleading acts• MLM• etc
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2. Vietnam Competition Authority (VCA)
Established in early 2004Officially recognized in Jan 2006Under the Ministry of Industry and Trade
(MoIT)VCAD Leader (i.e. Director General):
appointed by the PMBudget: allocated by the Govt
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2. Vietnam Competition Authority
Duties and Responsibilities: Competition:
• Anticompetitive acts: investigating and sumitting the investigation report to the Competition Council (VCC) for making decisions
• Unfair competition acts: investigating and making decisions
Consumer protection: drafting and enforcing the law and policy
Trade remedies: handling antidumping, safeguard and countervailing duty
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2. Vietnam Competition Authority
Organization: Investigation units: 2 boards on anticompetitive
and unfair competition Supporting units: 3 boards on policy, interntional
affairs and general admin. Centers: 2 centers for information and data and for
training Other units: 2 boards on consumer and trade
remedies Branches: 2 branches in Hochiminh city and
Danang city.
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3. Experience On building national Competition Law
Importance of international experience International Guidelines (like EU, OECD, ICN,
RG, etc.) should be referred Procedure and due course to handle case Investigators’ powers must be ensured Roles of detail guidelines
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3. Experience On setting up national Competition Authority
Independence are prerequisite condition Human resource Over workload may reduce efficiency Competition authority should be given
enough space for decisions
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4. Experience on enforcing the Law
First phase: preparationSecond phase: enforcementThird phase: review and revise (if
necessary)
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4.1 First phase: preparation
Enhancing political will and public supports Play the main role in drafting competition
policies and concerned regulations Advocacy for benefit of the Competition Law Actively discover cases and handle
appropriately Strengthen international cooperation and
participate at international forum/conference
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4.1 First phase: preparation
Strengthening human resources Training for investigators:
• Background on economist, law and finance, etc.• Investigation skills and techniques (conceiving
testimonies, market study, collecting evidences….).
• Practical experiences on investigation• Morality.
Training competition knowledge for judges and competition council members
Training and developing collaborators
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4.1 First phase: preparation
Establishing coordination with stakeholders Coordinate with business sector, the public
and consumers Coordinate with industry regulators Coordinate with the press and public
communication Coordinate with other State agencies
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4.1 First phase: preparation
Setting up Information Center and
Database resources Build up database on market structure in
several key industries Set up and develop database center/resources
for updating information Develop software on information searching,
control and sharing inner and outer of the agency
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4.2 Second phase: enforcement
Roles of human resource Balance between lawyer and economist Investigators should only focus on handling
cases Sufficient benefit to ensure no corruption Training and training
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4.2 Second phase: enforcement
Investigation stage Coordination with Industry regulators Local governmental agencies Source of information/data
• From the complainant• From the press• Survey• Studies/researches• Other government agencies
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4.2 Second phase: enforcement
Order/hearing stage Well preparation Relationship with judges/commissioners Advocacy Importance of PR
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4.2 Second phase: enforcement
Technical assistance Resident advisor International training workshop Conference/forum Internship Other TA activities
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4.3 Third phase: review and revise
Why need to be reviewed No law perfect at the first time Change of conditions
Process of review When to review? What to be reviewed? Who make review?
Revision (if necessary)
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THANK YOU!