THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 11/1999/ND-CP
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Hanoi, March 03, 1999
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DECREE
ON GOODS BANNED FROM CIRCULATION, COMMERCIAL SERVICES BANNED
FROM PROVISION; GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS RESTRICTION
OR CONDITIONAL BUSINESS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the Minister of Trade,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. Merchants conducting commercial business
activities shall have to comply with this Decree’s
stipulations on goods banned from circulation, commercial services banned from
provision; goods and commercial services subject to business restriction or
conditional business.
Article 2.- The list of
goods banned from circulation and commercial services banned from provision;
the list of goods and commercial services subject to business restriction; and
the list of goods and commercial services subject to conditional business.
1. Issued together with this Decree are the
following lists:
- List 1: Goods banned from circulation and
commercial services banned from provision;
- List 2: Goods and commercial services subject
to business restriction;
- List 3: Goods and commercial services subject
to conditional business.
2. Basing itself on the production and business
situation and the requirements of management over the commercial activities in
each period, the Ministry of Trade shall assume the prime responsibility and
coordinate with the concerned branch-managing ministries in submitting to the Government
for decision the amendments and supplements to the lists specified in Clause 1
of this Article.
3. Within 60 days after the effective date of
this Decree, the branch- managing ministries shall base themselves on the
management requirements and the lists specified in Clause 1 of this Article to
draw up the detailed lists of goods banned from circulation and commercial
services banned from provision; and of goods and commercial services subject to
business restriction or conditional business, then consult with the Ministry of
Trade on such lists so that the latter can synthesize and submit them to the
Prime Minister for decision.
4. In cases where it is necessary to amend
and/or supplement the detailed lists mentioned in Clause 3 of this Article, the
specialized management ministries shall send their written opinions to the
Ministry of Trade by November each year so that the latter can synthesize and
propose them to the Prime Minister.
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THE STATE MANAGEMENT
OVER GOODS BANNED FROM CIRCULATION AND COMMERCIAL SERVICES BANNED FROM
PROVISION; GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS RESTRICTION OR
CONDITIONAL BUSINESS
Article 3.- For the
goods banned from circulation and commercial services banned from provision:
1. Vietnamese merchants and foreign merchants
operating in Vietnam are strictly forbidden to trade in goods and services
which are on the list of goods banned from circulation and commercial services
banned from provision.
2. In special cases, the supply of goods items
banned from circulation and/or commercial services banned from provision must
be permitted by the Prime Minister.
Article 4.- For the
goods and commercial services subject to business restriction:
1. The trading in goods and/or the provision of
commercial services, which are subject to the special business restriction,
shall be conducted only when the business license is granted by the
branch-managing ministry under the provisions of this Decree.
2. The Minister of Trade shall prescribe the
business conditions and the granting of business licenses for goods and
commercial services subject to business restriction specified in Section II of
List 2 under the provisions of this Decree.
Article 5.- For goods
and commercial services subject to conditional business
1. For goods and services specified in Section I
of List 3, the merchants shall be allowed to conduct business only after they
register their business and are granted certificates of business qualifications
by the competent State management agency(ies) as prescribed in Articles 6 and 7
of this Decree.
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Article 6.- The
conditions for conducting business with goods and/or commercial services on the
list of goods and commercial services subject to conditional business
1. The conditions for conducting business with
goods and commercial services on the list of goods and commercial services
subject to conditional business (List 3):
a) Being merchants;
b) Having material-technical foundations and
equipment up to the standards set by the competent State management agencies;
c) Having managerial and technical staff
professionally qualified for the intended business lines and trades;
d) Those officials and staff directly engaged in
the business activities must meet the health conditions;
e) Meeting requirements on environmental
protection, and fire and explosion prevention and combat.
2. The conditions applicable to each specific
kind of goods or commercial services subject to conditional business are
prescribed in List 2 and List 3, issued together with this Decree.
3. The branch-managing ministers shall specify
conditions for conducting business with goods and services defined in List 2
and List 3, issued together with this Decree.
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Article 7.- The
competence, procedures and order for granting business licenses and business
qualification certificates
1. The branch-managing ministries shall grant
business licenses for goods and commercial services subject to particular
business restriction, (Section I) which are on the list of goods and commercial
services subject to business restriction (List 2);
2. The provincial/municipal branch-managing
departments shall grant business qualification certificates for goods and
commercial services subject to the conditional business (Section I) which are
on the list of goods and commercial services subject to the conditional
business (List 3).
3. Each dossier applying for business license or
business qualification certificate shall comprise:
a) An application for business license or
business qualification certificate (made according to the set form).
b) The decision or permit for establishment of
the concerned enterprise, issued by the competent agency (valid copy).
c) The documents evidencing that the conditions
for business in goods and commercial services are met.
4. The agencies which grant business licenses or
business qualification certificates shall have to:
a) Receive the dossiers of application.
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c) Grant business licenses or business
qualification certificates (according to the set form) or reply in writing,
clearly stating the reasons for refusal to grant the business licenses or
business qualification certificates within 15 days after receiving the complete
dossiers.
5. Merchants who are granted business licenses
or business qualification certificates shall have to pay a fee. The Ministry of
Finance shall prescribe the specific fee levels to be uniformly applied
throughout the country.
Chapter III
HANDLING OF VIOLATIONS
Article 8.- Handling of
violations committed by merchants
Merchants who commit acts of violating this
Decree’s
provisions shall, depending on the seriousness of their violations, be
administratively sanctioned or examined for penal liability according to law.
Article 9.- Handling of
violations committed by State officials and employees
State officials and employees who abuse their positions
and powers or fail to strictly comply with this Decree’s provisions shall, depending on the
seriousness of their violations, be disciplined, administratively handled or
examined to penal liability according to law.
Chapter IV
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Article 10.- Effect
1. This Decree takes effect 15 days after its
signing.
2. Stipulations on goods and services banned
from business as specified in Appendix 1, and those subject to conditional
business, as specified in Appendix 2, except for Points 7, 8, 18 and 22
thereof, which were issued together with Decree No.02/CP of January 5, 1995 of
the Government stipulating the goods and services banned from commercial
business and those subject to the conditional commercial business on the
domestic market shall be no longer effective.
3. Within 60 days after the effective date of
this Decree, the ministers and the heads of the branch-managing agencies shall,
within their respective functions, have to issue documents guiding the
implementation of this Decree after consulting the Minister of Trade.
THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
LIST 1
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ORDINAL GOODS BANNED FROM CIRCULATION AND
AGENCIES ISSUING REGULATIONS AND NUMBER COMMERCIAL SERVICES BANNED FROM
PROVISION PROVIDING DETAILED GUIDANCE 1 2 3
1. Weapons, ammunition, military equipment The
Ministry of Defense
and special-use technical facilities of The Ministry of Public Security
the armed forces
2. Narcotics The Ministry of Health
3. A number of chemicals with high toxicity The
Ministry of Science, Technology and Environment
The Ministry of Industry
4. Exhibits from historical or cultural relics,
The Ministry of Culture and Information
or museums
5. Reactionary, depraved or superstitious
cultural The Ministry of Culture and Information,
products or those harmful to personality the Ministry of Public Security
education
6. Cigarettes made in foreign countries The
Ministry of Trade
7. Fire crackers of all kinds The Ministry of
Trade
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9. Wild plants and animals which are on the list
The Ministry of Agriculture and Rural
provided for by the International Convention Development
which Vietnam has signed and other precious
and rare animals or plants that must be protected
10. Some children toys which are harmful to the
The Ministry of Education and Training,
children’s
personality and health education or the Ministry of Culture and Information
to the social security, order and safety and the Ministry of Public Security
LIST 2
GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS
RESTRICTION
(Issued together with Decree No.11/1999/ND-CP of March 3, 1999 of the
Government)
GOODS AND SERVICES CONDITIONS THAT MUST BE
MET AGENCIES ISSUING REGULATIONS AND (ACCORDING TO ARTICLE 6) PROVIDING
DETAILED GUIDANCE
I. GOODS SUBJECT TO PARTICULAR BUSINESS
RESTRICTION
1. Goods containing radioactive a, b, c, d, e
The Ministry of Science,
substances and devices Technology and Environment
emitting ionized radiation
2. Explosive materials
a) For industrial use a, b, c, d, e The Ministry
of Industry
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3. The plant protection drugs a, b, c, d, e The
Ministry of Agriculture
restricted from use and Rural Development
in Vietnam
II. GOODS SUBJECT TO BUSINESS RESTRICTION
1. Home-made cigarettes a, e The Ministry of
Trade
2. Liquors of various a, e The Ministry of Trade
kinds with an alcoholic
strength of over 300
LIST 3
GOODS AND COMMERCIAL SERVICES SUBJECT TO CONDITIONAL
BUSINESS
(Issued together with Decree No. 11/1999/ND-CP of March 3, 1999 of the Government)
CONDITIONS THAT MUST AGENCIES ISSUING
REGULATIONS GOODS AND SERVICES BE MET (ACCORDING TO AND PROVIDING DETAILED
GUIDANCE ARTICLE 6)
I. GOODS AND SERVICES THAT REQUIRE
CERTIFICATES OF BUSINESS QUALIFICATIONS
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1. Petrol and oil of all kinds a, b, c, d, e The
Ministry of Trade
2. Gas of all kinds a, b, c, d, e The Ministry
of Trade
3. Toxic chemicals and products a, b, c, d, e
The Ministry of Science, Technology
containing toxic chemicals and Environment (prime responsibility)
and the Ministry of Industry
4. Prophylactic and medicinal a, b, c, d, e The
Ministry of Health
drugs for human use, assorted
vaccines, bio-products, medical
equipment and instruments
5. Veterinary drugs and plant a, b, c, d, e The
Ministry of Agriculture and
protection drugs Rural Development
B. Services
Cattle slaughtering services a, b, d, e The
Ministry of Agriculture and Rural Development (prime responsibility)
and the Ministry of Trade
II. GOODS AND SERVICES THAT DO NOT REQUIRE
CERTIFICATES OF BUSINESS QUALIFICATIONS
A. Goods
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2. Gems a, b, c The Ministry of Trade
3. Fresh and processed foodstuff a, b, d, e The
Ministry of Trade (prime
responsibility), the Ministry of Agriculture and Rural Development,
the Ministry of Health, the Ministry of Science, Technology and Environment
4. Construction materials a, b, e The Ministry
of Construction (prime
responsibility), the Ministry of Trade and
the Ministry of Science, Technology
and Environment
5. Pit coal (other than those a, b, e The
Ministry of Industry (prime
processed into fuels for responsibility) and the Ministry of Trade household
use)
B. Services
1. Pawn service a, b The Ministry of Trade
2. Restaurants a, b, d, e The Ministry of Trade
3. Popular food catering business a, b, d, e The
Ministry of Trade
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THE GOVERNMENT
PRIME MINISTER
Phan Van Khai