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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
114/2009/ND-CP
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Hanoi,
December 23, 2009
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DECREE
ON AMENDMENT AND SUPPLEMENT
OF A NUMBER OF ARTICLES OF THE DECREE NO.02/2003/ND-CP OF JANUARY 14, 2003 OF
THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF MARKETS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Commercial Law
No.36/2005/QH11 June 14, 2005;
At the proposal of the Minister of Industry
and Trade,
DECREES:
Article 1. To amend and supplement a
number of Articles of the Decree No.02/2003/ND-CP dated January 14, 2003 of the
Government on the development and management of markets as follows:
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"6. Specialized marketplaces: mean those
trading specifically a commodity or some commodities with its own characteristics
and properties.
7. Synthesis marketplaces: mean those trading
many commodities.
8. Marketplaces set up by people: mean the 3rd
class marketplaces (managed by communes, wards) trading goods commonly used and
essential for people's daily life.
9. Border marketplaces: mean those located in
the border areas on mainland (including communes, wards and townships where
have part of administrative boundary to coincide with national boundaries on
the mainland) or border area on sea (as from national border on sea to the
administrative boundaries of communes, wards and townships adjacent to the sea
and islands, archipelago).
10. Temporary marketplaces: mean those planned
but not yet built permanently or semi-permanently.
11. Rural marketplaces: mean the communal
marketplaces of the districts and those in the suburbs and outskirts.
12. Mountainous areas: mean communes in the
mountainous districts.
13. Border-gate marketplaces: mean those set up
in the border areas on land or sea attached to the border-gate of export and
import of goods but not of the border-gate economic zones.
14. Marketplaces in the border-gate economic
zones: mean those set up in the border-gate economic zones under the
conditions, order and procedures prescribed in the Decree No.29/2008/ND-CP of
March 14, 2008 of the Government regulating the industrial zones, export
processing zones and economic zones.
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16. Cooperatives trading, managing marketplaces:
mean the cooperatives established, registered business and operating as
prescribed by law, assigned by the competent authorities or won the bidding on
business, operation and management of marketplaces."
2. Point b, Clause 2, Article 3 is amended as
follows:
"B) Second class marketplaces:
Mean the marketplaces having from 200 business
locations to 400 business locations, invested and built permanently or
semi-permanently as planned; located in the economic centers of the region and
held regular or irregular meetings; with market premises in accordance with
operation scale of marketplace and organizing the basic services at the
marketplaces: vehicles keeping, loading and unloading of goods, storage of
goods, measurement services, public sanitation."
3. Clause 1 of Article 4 is amended as
follows:
"1. Marketplace is an important part of
overall social and economic infrastructure. In locality’ socio-economic
development planning and commercial development planning, it must include the
market development planning. Market development planning must be consistent
with the planning of socio-economic development, commercial planning, land use
planning and other concerned planning. The marketplace development planning
must be made according to the principles stated in Clause 2 of Article 4 of the
Decree No.02/2003/ND-CP dated January 14, 2003 of the Government on the
development and management of the marketplaces and is approved and directed the
implementation by the competent authority in accordance with provisions."
4. Clauses 3 and 4 of Article 5 shall be
amended and supplemented as follows:
"3. Capital investment in the development
of the State including funds from the central budget, local budgets and
non-refundable aid. In particular, funds from local budgets shall be used as
support for investment in the construction of the wholesale marketplaces of agricultural
products, food and second class, third class marketplaces in the rural areas,
mountainous and island areas; funds from the central budget only support
investment in the following markets:
“3. The source of development investment capital
of the State including capital from the central budget, local budgets and
non-refundable aids. In particular, capital from the local budgets shall be
used as support for investment in the construction of the wholesale
marketplaces of agricultural products, food and second class, third class
marketplaces in the rural areas, mountainous and island areas; capital from the
central budgets shall be used as support only for investment in the following
markets:
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- Specialized farm-produce and foodstuff pivotal
marketplaces to consume goods in concentrated agricultural, forestry and
aqua-cultural production regions;
- Central marketplaces of the districts in the
areas with difficult and difficult-especially socio-economic conditions in the
list of Appendix II issued together with the Decree No.108/2006/ND-CP of
September 22, 2006 of the Government detailing and guiding the implementation
of a number of Articles of the Law on Investment;
b) Support for investment in the construction of
border marketplaces and communal marketplaces set by people of the districts in
areas with difficult and difficult-especially socio-economic conditions in the
list of Appendix II issued together with the Decree No.108/2006/ND-CP of
September 22, 2006 of the Government.
The source of capital used for support for
investment in marketplaces specified in clause 3 of this Article shall be given
priority of investment in the construction of marketplaces by the following
order:
- The marketplaces that are operating, in the
planning approved by the competent authorities but they are the temporary
marketplaces or the ones with technical-material facilities to be seriously
degraded;
- The newly-built marketplaces at the communes
without marketplaces, at the places without demand for marketplace for
production, export and daily life of the people.
4. Marketplace investment projects of the
economic sectors are enjoyed the preferential policies for investment as for
the industries of manufacture and services of the list of sectors of investment
incentives stipulated in the Decree No.108/2006/ND-CP of September 22, 2006 of
the Government; enjoyed preferential policies for investment credit under the
Decree No.151/2006/ND-CP of December 20, 2006 of the Government on investment
credit and export credit of the State and the Decree No.106/2008/ND-CP of
September 19, 2008 of the Government amending and supplementing a number of
Articles of the Decree No.151/2006/ND-CP of December 20, 2006 of the
Government. "
5. Clause 1 of Article 6 is amended as
follows:
"1. "Investors wishing to build new
markets, to repair overhaul, transform or upgrade marketplaces must elaborate
projects thereon under the current regulations on investment and construction
management; the regulations on design standard of types and levels of
marketplaces and approved by competent authorities according to current
regulations.
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“1. Marketplaces built with the State’s
investment or investment capital support under Clause 3, Article 5 of this
Decree shall be assigned by competent-level People’s Committees to the subjects
for organizing business in exploiting and managing activities in the
marketplaces according to the following regulations:
a) For newly-built marketplaces, assigning to or
organizing bidding to select enterprises or cooperatives to do business in
exploiting and managing the marketplaces. The enterprises or cooperatives doing
business in exploiting and managing the marketplaces shall operate under the
provisions in Article 9 of the Decree No.02/2003/ND-CP dated January 14, 2003
of the Government.
c) For marketplaces in rural, highland,
deep-lying, remote or island regions, assigning to the enterprises or
cooperatives qualified under the provisions of the provincial-level People's
Committee for organizing the business, exploitation and management.
2. For the marketplaces built with the State’s
investment support with capital contributed by business households,
cooperatives, enterprises of various economic sectors and other organizations
and individuals, the competent-level People’s Committees shall base on the
capital contribution levels and percentages to select subjects for doing
business in exploiting and managing the marketplaces (Marketplace Management
Boards, enterprises, cooperatives or joint-stock companies set up under the
provisions of law).
3. Marketplaces built with investment of
organizations, individuals, business households, cooperatives or enterprises of
various economic sectors shall be commercially exploited and managed by such
organizations, individuals, business households, cooperatives or enterprises in
form of enterprises or cooperatives under the provisions of law and the
provisions on doing business in exploiting and managing the marketplaces in
Article 9 of the Decree No.02/2003/ND-CP dated January 14, 2003 of the Government.”
7. To supplement points g, h, i, into Clause
1 of Article 14 as follows:
"1. The Ministry of Industry and Trade
shall preside over and coordinate with the concerned ministries and agencies:
g) To develop and submit to the Prime Minister
for approving the program of market development in each period and to guide and
direct the implementation.
h) To develop or adjust the development planning
of marketplace system in the nationally-wide scope;
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8. Clause 2 of Article 14 shall be amended as
follows:
"2. The Ministry of Planning and Investment
shall preside over and coordinate with the Ministry of Finance, Ministry of
Industry and Trade and the concerned ministries and agencies:
a) To consider, synthesize plans of annual
investment and construction of marketplaces of the provinces and cities
directly under the Central Government to allocate market investment support
capital from the central budget in accordance with the provisions of this
Decree; submit to the Prime Minister for approval in accordance with current
regulations;
b) To guide the implementation of policies to
support market construction investment capital from the state budget and
preferential, incentive policy for the organizations and individuals
participating in the investment in construction of marketplaces in accordance
with provisions of this Decree."
9. Clause 3 of Article 14 shall be amended.
supplemented as follows:
"3. The Ministry of Finance shall preside
over and coordinate with the Ministry of Industry and Trade, the Ministry of
Planning and Investment and the concerned Ministries and branches:
a) To guide financial mechanism applied to the
marketplace management boards, enterprises and cooperatives doing business and
managing marketplaces;
b) To guide the financial mechanism applied to
the conversion of marketplace management boards (for the marketplace types
invested by the State or supported investment by the state) to the enterprises
or cooperatives doing business and managing marketplaces."
10. To amend Clause 4, and supplement Clause
5, 6, 7, 8, 9 and Article 14 as follows:
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To preside over and coordinate with the Ministry
of Finance, Ministry of Industry and Trade, the Ministry of Planning and Investment
and concerned ministries and branches in guiding the regulations for officials
and employees of the marketplace management boards of the state staffing when
converted into the enterprises or cooperatives doing business and managing
marketplaces.
5. The Ministry of Construction:
To preside over and coordinate with the Ministry
of Industry and Trade, Ministry of Agriculture and Rural Development and other
concerned ministries and branches to build or modify and supplement the
regulations on standard - design of types and levels of marketplaces.
6. The Ministry of Natural Resources and
Environment shall preside over and coordinate with the Ministry of Industry and
Trade, the Ministry of Health, Ministry of Agriculture and Rural Development
and other concerned ministries and branches:
a) To guide, direct the provincial-level
People's Committees to make land use planning, reserve land and use land for
investment and construction of marketplaces;
b) To guide, direct the provincial-level
People's Committees in the assurance of environmental hygiene at the
marketplaces.
7. The Ministry of Health:
To preside over and coordinate with the Ministry
of Industry and Trade, the other concerned ministries and branches in guiding
and directing the provincial-level People's Committees in the assurance of food
hygiene and safety in the marketplaces.
8. The Ministry of Public Security:
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9. The Vietnam Cooperatives Alliance:
To preside over and coordinate with the Ministry
of Industry and Trade and other concerned ministries, branches to propagate,
disseminate in the collective economy sector of the law, development policy,
market management and cooperative model doing business, managing marketplaces
effectively."
11. To supplement the points e, g, h, i,
Clause 1 of Article 15 as follows:
"e) To promulgate the mechanism, policies
and measures to mobilize and exploit local resources, especially the resources
of the subjects of production, business and people in the area to develop a
network of marketplaces;
g) To direct the formation and approve the
annual plan of investment and construction of marketplaces in accordance with
marketplace development plans in the whole country and of each locality;
proactively allocate funds from the local budget to invest and build
marketplaces under the provisions of this Decree, and use for the right
purposes, effectively the capital source for market investment support from the
central budget;
h) To direct formation and approve the
conversion plan of the first class management boards of marketplaces built by
the state’s investment or by the state’s investment capital support into
enterprises or cooperatives doing business, managing marketplaces;
j) To direct, examine and inspect the
implementation of the provisions of law and policy on development, management
of marketplaces; direct the implementation of measures to improve the
performance of the markets in the provinces."
12. To supplement points c and d into Clause
2 and amend Clause 3, Article 15 as follows:
"c) To direct the development and approval
of plans to convert the second and third class marketplace management boards
built by the state’s investment or by the state’s investment capital support
into enterprises or cooperatives doing business, managing marketplaces;
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3. Commune-level People's Committees: are
responsible for management and implementation of the plans to convert the
management boards or the management groups of the third class markets into
enterprises or cooperatives doing business, managing marketplaces approved by
the competent authorities; coordinating with the provincial-level,
district-level authorities to manage the first and second class marketplaces in
the area."
13. To amend words:
- The phrase "the Ministry of Industry and
Trade" is replaced by the phrase "the Ministry of Commerce";
- The phrase "provincial-level People's
Committee" is replaced by the phrase "the provincial People's
Committee";
The phrase "district-level People's
Committee" is replaced by the phrase "the district People's
Committee";
- The phrase "commune-level People's
Committee" is replaced by the phrase "People's Committees of
communes, wards";
The phrase "marketplace class” is replaced
by the phrase "marketplace type";
The phrase "marketplace of class…" is
replaced by the phrase "marketplace of type…".
Article 2. Effect
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Article 3. Responsibility for
implementation
The Ministers, heads of the ministerial-level
agencies, the heads of the Governmental agencies, Presidents of the People's
Committees of provinces and cities directly under the Central Government are
responsible for the implementation of this Decree./.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung