PROPOSL FOR A DECREE ON RETAILING SERVICE
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Transcript of PROPOSL FOR A DECREE ON RETAILING SERVICE
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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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