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PROPOSL FOR A DECREE ON RETAILING SERVICE PROPOSL FOR A DECREE ON RETAILING SERVICE

Phạm Đình ThưởngDepartment of Legal Affairs, MOIT

Contents

The Necessity 1

Purpose2

Main Points3

Preliminary Impact Assessment4

The development of modern distribution system:

- Fast- Still at low level

THE NECESSITY

Inadequate legal framework and state management: - Insufficient provisions- Not organized planning and zoning

PURPOSES

To develop legal framework for a more modern distribution system

To build up a fair competition atmosphere and consumer protection

To facilitate domestic businesses

Sustainable Sustainable Development Development of distribution industryof distribution industry

MAIN POINTS

Chapter I: GENERAL PROVISIONS Chapter II: RETAILERS Chapter III: RETAILING GOODS Chapter IV: RETAILING SHOPS (AND PLANING

AND ZONING) Chapter V: NON-SHOP RETAILING FORMS Chapter VI: IMPLEMENTATION PROVISIONS

CHAPTER I: GENERAL PROVISIONS

SCOPE OF GOVERNANCERetailing activities: - Sale in retailing shops - Sale under non-shop forms

SUBJECTS OF APPLICATION- Traders engaging in retailing activities (retailers) - Individuals, organizations involving in state management of the retailing activities.

CONCEPT OF RETAILINGRetailing means the activity of selling goods directly to the end-users for the purpose of the consumption of individuals and households.

CHAPTER II: RETAILERS

Compulsory forms of business (Art. 6): Type of goods Retail shops Forms of sale Goods subject to separate regulations (Art 8) To guide Responsibility of retailers (Art. 9) To guide Prohibited acts (Art. 10) Fair Competition and Consumer Protection

CHAPTER III: GOODS

Prohibited goods (Art. 12) List of banned trading goods ++ Restricted Goods (Art. 13) List of restricted trading goods ++ Conditional goods (Art. 14) List of conditional trading goods ++ Goods subject to State monopoly (Art.

15)

CHAPTER III: GOODS

Goods in certain types of shops (modern, Art. 16)- Super market- Shopping mall - Big shops (Square > Xm2)

Goods traded under certain forms (Art. 17,18): - Direct selling - Internet trading- Vending machine

CHAPTER IV: RETAIL SHOPS

TYPES OF RETAIL SHOPS - Traditional- Modern

Planning and Zoning - Contents of Plans (Guides)- State agencies’ responsibilities

Economic Need Test (ENT)- Elements of ENT- Procedure: ENT Commission/Council

(Liciences) of retail shop establishment - ENT - Place

ENT COMMISSION MEETING

CHAPTER V: NON-SHOP RETAILING FORMS

- Direct selling- Internet trading- Vending machine- Travelling sale

CHAPTER VI: IMPLEMENTATION PROVISIONS

Replacing a number of regulations (Decree No. 23) Ministries issuing regulations in detail

PRELIMINARY IMPACT ASSESSMENT

- To facilitate modern types and forms of trading- For social factors and sustainable development

- To facilitate modern types and forms of trading- For social factors and sustainable development

- Enterprise encouraged- Fair competition atmosphere- Transparent in implementing VN’s commitments- Consumer protectioin

- Enterprise encouraged- Fair competition atmosphere- Transparent in implementing VN’s commitments- Consumer protectioin

- New legal framework - Planned policies - Democracy methodology- Requirements of cooperation

- New legal framework - Planned policies - Democracy methodology- Requirements of cooperation

STATE MANAGEMENTSTATE MANAGEMENT TRADERS TRADERS DISTRIBUTION SYSTEMSDISTRIBUTION SYSTEMS

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