VIETNAM COMPETITION AUTHORITY MINISTRY OF INDUSTRY AND TRADE TERMS OF REFERENCE SELECTING A CONSULTANT TO CONDUCT THE STUDY “ASSESSMENT ON THE COMPETITION OF VIETNAM CEMENT MARKET” Under framework of Project for the Improvement of Legal Framework for Competition Law and Policy in Vietnam with Japan International Cooperation Agency 1 VIETNAM COMPETITION AUTHORITY MINISTRY OF INDUSTRY AND TRADE 1. About Vietnam Competition Authority Vietnam Competition Authority (VCA) is a State Agency under the authority of the Ministry of Industry and Trade functioning competition, consumer protection and initiation of trade remedy cases. In competition area, the operational criterion of the VCA is to create and maintain a fair competition environment with fair business opportunities for all market participants. VCA encourage and promote the competition between enterprises and in doing so to ensure the legitimate rights and interests of consumers, the development of technology and social advances. 2. Content With the annual contribution on GDP is around 10-15% per year, the cement industry is served as a strategic sector to the development of the national economy. In the period of 2000-2008, the cement industry experienced the overdemands thanks to the strong development of the construction market. Thereafter , due to the crisis of real estate market and the decrease in construction industry, consumption for cement has fell down significantly. Cement enterprises have faced difficutlies to maintain marketshares and survive in severe competition environment. In order to cope with theses difficulties, cement enterprises has applied various methods to improve their productivity. Some of them has conducted economic concentration such as merge or acquisition, etc to foster their market power and capacity. These acts may lead to changes in cement market structure, significantly impacting to competition environment. In addition to, some of anticompetitive signals and activities being done by cement enterprises has been detected . In that sense, it is necessary to research on market structure, competition environment and current competition situation in cement market and collect information to build up a database which is useful for competition administration and supervision. For that reason, Vietnam Competition Authority is, with the assistances of Project for the Improvement of Legal Framework for Competition Law and Policy in Vietnam (in the JICA Project), conducting the study “Assessment on the competition of Vietnam cement market” in order to find out what competition concerns may result in the development of this market. The subjects of this study will focus on the assessment of the cement market in Vietnam from the viewpoint of competition law and policy and the recommendations to improve the importance 2 VIETNAM COMPETITION AUTHORITY MINISTRY OF INDUSTRY AND TRADE of cement industry in economic systems as well as to limit anti-competitive effects of cement enterprises’ practices which are harmful to competition evironment. 3. Scope of study The research will focus on some main types of cement related products based on consuming demand, production volume in the period of 2012 to 2014 and supply-demand forecast of cement market. Cement production enterprises are fragmented, located nearby input sources; as a result, the market structure should be assessed in both nationwide and by region. In that sense, competition on cement market should comprehensively evaluated with different criteria including types of cement products, types of enterprises and location by region. Assessment on the competition of Vietnam cement industry is based on the following main factors: - Products: some main types including Portland cement, admixed Portland cement and others - Enterprises: all types of enterprises including state-owned enterprises, jointventure ones and small-sized ones in all over the country - Period of collecting information: within the recent past three years from 2012 to 2014. 4. Scope of work The a selected consultant takes responsibility of conducting the contents of the study “Assessment on the competition of Vietnam cement market”, including: (1) Carry out questionmaire survey to the cement companies in Vietnam *List of companies and form of questionnaire will be provided by VCA. (2) Analyse the collected data by the questionnaire survey (3) Carry out interviewing to cement companies and Vietnam National Cement Associatation based on the result of questionnare survey (4) Comple the draft report on “Assessment on the “Competition of Vietnam Cement Market” including following contents (i) Assessment on current situation of cement production and trading in Vietnam; (ii) Assessment on the legel framework for regulating cement production and trading activities in Vietnam; 3 VIETNAM COMPETITION AUTHORITY MINISTRY OF INDUSTRY AND TRADE (iii) Assessment on the market structure and the competition of Vietnam cement market; (iv) Providing conclusions and recommendations to enhance competition capacity of cement enterprises on Vietnam cement market. (The outline of study “Assessment on competition of Vietnam cement market” is attached herewith) 5. Timelines Pleliminary proposals must be sent by email at the same time to these addresses [email protected] and [email protected] before May 25, 2015. After receiving proposals, VCA will send confirmation email. In cases of not receiving confirmation email, please contact us. Time for accouncing selected provider is from June 01, 2015 to June 05, 2015. VCA will send email on the selecting provider to all email addresses submitting proposals for the project. After selecting a provider, Residents Expert of JICA will sign consultant contracts with the selected provider. The selected provider is in-charged of accomplishing works and handing over all related information and documents to Vietnam Competition Authority within 60 days since date of signing consultant contract 6. Contact address VIETNAM COMPETITION AUTHORITY (VCA) Ministry of Industry and Trade Address: 25 Ngo Quyen Str, Hoan Kiem Dist, Hanoi, Vietnam Website: www.vca.gov.vn Mr. Phung Van Thanh Email: [email protected] Tel: 84-4-22205002 (ext: 1069) Mob : 84 (0) 932 0606 77 7. Obligation of provider Selected provider acting as the domestic expert to conduct the research, survey to collect information, materials related to enterprises operating in the Vietnam cement maket. After finishing the survey, provider shall have obligation to submit all information, materials to VCA. 4 VIETNAM COMPETITION AUTHORITY MINISTRY OF INDUSTRY AND TRADE 8. Criteria for evaluation JICA Resident Expert with consulting with VCA would evaluate and rank preliminary proposal according to following criteria: - Expense for building and operating: the lower expense for caring out survey and analysing information. - Level of trust and avaiblility of information resources. - Effectiveness of analyze methods 5
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