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Decree No. 119/2011/ND-CP dated December 16, 2011 of the Government amending and supplementing administrative procedures provided in the Government’s Decree No. 116/2005/ND-CP of September 15, 2005,
15/03/2012
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THE GOVERNMENT

 

Decree No. 119/2011/ND-CP of December 16, 2011, amending and supplementing administrative procedures provided in the Government’s Decree No. 116/2005/ND-CP of September 15, 2005, detailing the implementation of a number of articles of the Law on Competition

 

Pursuant to the December 25, 2001 Law on Organization of the Government;

 

Pursuant to the December 3, 2004 Law on Competition; At the proposal of the Minister of Industry and Trade;

 

DECREES:

 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 116/2005/ND-CP of November 15, 2005, detailing the implementation of a number of articles of the Law on Competition

 

1. To amend and supplement Article 38 as follows:

 

“Article 38. Notification and replies to notification of economic concentration”

 

1. Dossiers for notification of economic concentration of enterprises joining the economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises. 2. Replies to economic concentration notifications shall be issued in writing. 3. The competition-managing agency’s written replies to economic concentration notifications must be addressed to the following subjects: a/ The business registration agency and other agencies competent to permit merger, consolidation, acquisition or joint venture under law; b/ Lawful representatives of the parties to economic concentration; c/ Parties to economic concentration.”

 

2. To amend Clause 1, Article 40 as follows:

 

“1. Explanatory reports on the satisfaction of conditions for exemption must be made by enterprises themselves and these enterprises shall be responsible.........

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