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PROPOSL FOR A DECREE ON RETAILING SERVICE

PROPOSL FOR A DECREE ON RETAILING SERVICE. Phạm Đình Thưởng Department of Legal Affairs, MOIT. Contents. The Necessity. 1. Purpose. 2. Main Points. 3. Preliminary Impact Assessment. 4. THE NECESSITY. The development of modern distribution system : Fast Still at low level.

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PROPOSL FOR A DECREE ON RETAILING SERVICE

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  1. PROPOSL FOR A DECREE ON RETAILING SERVICE Phạm Đình Thưởng Department of Legal Affairs, MOIT

  2. Contents The Necessity 1 Purpose 2 Main Points 3 Preliminary Impact Assessment 4

  3. THE NECESSITY • The development of modern distribution system: • Fast • Still at low level • Inadequate legal framework and state management: • Insufficient provisions • Not organized planning and zoning

  4. PURPOSES To develop legal framework for a more modern distribution system Sustainable Development of distribution industry To build up a fair competition atmosphere and consumer protection To facilitate domestic businesses

  5. 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

  6. CHAPTER I: GENERAL PROVISIONS • SCOPE OF GOVERNANCE Retailing 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 RETAILING Retailing means the activity of selling goods directly to the end-users for the purpose of the consumption of individuals and households.

  7. 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

  8. 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)

  9. 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

  10. 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

  11. ENT COMMISSION MEETING

  12. CHAPTER V: NON-SHOP RETAILING FORMS • Direct selling • Internet trading • Vending machine • Travelling sale

  13. CHAPTER VI: IMPLEMENTATION PROVISIONS • Replacing a number of regulations (Decree No. 23) Ministries issuing regulations in detail

  14. STATE MANAGEMENT TRADERS DISTRIBUTION SYSTEMS • New legal framework • Planned policies • Democracy methodology • Requirements of cooperation • 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 PRELIMINARY IMPACT ASSESSMENT

  15. Thank You!

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