Before July 13, 2022, review and report on the implementation of regulations on individuals conducting commercial activities independently in Vietnam, often without having to register for business?

Main Content

• In which case an individual has a business operation but does not need to register a business?
• At which locations can commercial individuals do business?
• Review and report on the implementation of regulations on individuals conducting commercial activities independently in Vietnam, often without having to register for business?

In which case an individual has a business operation but does not need to register a business?

Pursuant to Clause 1, Article 3 of Decree 39/2007/ND-CP stipulates as follows:

“Article 3. Interpretation of terms

…

1. Individuals engaged in commercial activities are individuals who carry out daily by themselves one, several or all activities permitted by law in terms of buying and selling goods, providing services and activities for living purposes. other benefits but are not subject to business registration as prescribed by the law on business registration and are not called "traders" according to the provisions of the Commercial Law. Specifically, these include individuals who carry out the following commercial activities:

a) Street-trafficking (street-trafficking) means activities of buying and selling without a fixed location (peddler buying, peddling or hawking at the same time), including the receipt of books, magazines, and literature. goods of traders who are allowed to trade in these products in accordance with the law for peddling;

b) Small business is the activity of buying and selling small items with or without a fixed location;

c) Selling snacks is the activity of selling gifts, cakes, food and drinks (drinks) with or without a fixed location;

d) Consignment trading is the activity of buying goods from other places on each trip to sell to wholesalers or retailers;

d) Performing services: shoe shine, lottery ticket sales, lock repair, car repair, parking, car wash, haircut, painting, photography and other services with or without a fixed location ;

e) Independent and regular commercial activities without other business registration.”

Thus, individuals who conduct commercial activities in the above cases will not need to register their business according to the provisions of law.

Reviewing and reporting on the implementation of regulations on individuals conducting commercial activities independently, in VIetnam regularly without having to register a business?

At which locations can commercial individuals do business?

According to Article 6 of Decree 39/2006/ND-CP stipulating as follows:

“Article 6. Scope of business locations of individuals conducting commercial activities

1. Unless otherwise provided for by law, individuals are strictly prohibited from conducting commercial activities in the following areas, routes and locations:

a) Areas belonging to ranked historical and cultural relics and other scenic spots;

b) Areas of state agencies, diplomatic missions and international organizations;

c) Areas within the safety belt of ammunition and explosives warehouses, ammunition and explosives manufacturing factories, and Vietnam People's Army barracks;

d) Areas belonging to airports, seaports, international border gates, railway stations, train stations, bus stations, ferry terminals, ferry terminals and on means of transport;

dd) Areas of schools, hospitals, religious and belief establishments;

e) Stopping and parking places of vehicles participating in traffic, including road and waterway;

g) The road section includes the entrance to the apartment complex or the dormitory; alley; sidewalks, roadbeds, curbs of urban roads, district roads, provincial roads and national highways for people and vehicles participating in traffic, except for areas, routes or road pavement sections approved by competent authorities the right to plan or permit temporary use to carry out commercial activities;

h) Routes and areas (including tourist areas) approved by the People's Committee of the province or city directly under the Central Government (hereinafter referred to as the People's Committee of the province) or an agency authorized by the People's Committee of the province. the right to regulate and have signs prohibiting individuals from conducting commercial activities;

i) Areas under the use right of organizations or individuals, although not areas, routes or places banned from being used as business places as prescribed from point a to h clause 1 of this Article, but not the consent of that organization or individual or that the area has a sign prohibiting individuals from carrying out commercial activities

2. Individuals engaged in commercial activities are strictly prohibited from illegally appropriating, arbitrarily building and installing facilities, equipment and tools to carry out commercial activities and display goods at any location on the street. traffic and public places; entrances, exits or any area obstructing traffic, causing inconvenience to the community and degrading the general beauty.

3. In case of conducting commercial activities in areas, routes or road pavements that are planned or permitted for temporary use by competent state agencies, in addition to complying with the provisions of the Decree In this regard, individuals conducting commercial activities must ensure compliance with such planning and permission.

4. Individuals conducting commercial activities must comply with lawful orders of official duty enforcers in case they are required to move goods; means, equipment and tools for carrying out commercial activities to avoid obstructing or obstructing traffic in case of emergency or for security reasons and other social activities as prescribed by law. ”

Thus, individuals engaged in commercial activities are not allowed to conduct business activities at locations that are strictly prohibited according to the above provisions. In places where it is not strictly prohibited, individuals conducting commercial activities are allowed to conduct business activities but must ensure compliance with the provisions of law.

Review and report on the implementation of regulations on individuals conducting commercial activities independently in Vietnam, often without having to register for business?

Recently, the Ministry of Industry and Trade has issued Official Letter 3301/BCT-TTTN dated June 13, 2022 guiding the review and implementation of Decree 39/2007/ND-CP on individuals engaged in commercial activities. independently and regularly without having to register a business with the following contents:

“Decree No. 39/2007/ND-CP dated June 13, 2007 of the Government stipulating that individuals conduct commercial activities independently, often without having to register their business, adhered to the principles of the Law on Trade in 2005, ensuring equal rights before the law of individuals engaged in commercial activities with other economic sectors when participating in commercial activities

Carrying out the task of state management of individuals engaged in commercial activities specified in Decree No. 39/2007/ND-CP, the Ministry of Industry and Trade reviews and supervises the implementation of Decree No. 39/2007/ND-CP in order to assess the problems arising between the provisions of the guiding documents of the Commercial Law, the Enterprise Law and specialized legal documents as well as the difficulties and obstacles in the process. implementation and application of legal documents in recent times.

In order to assess the implementation of Decree No. 39/2007/ND-CP to meet the comprehensive requirements, promptly report to the Prime Minister for consideration and decision in order to adjust and amend a number of regulations. decree or cancel, develop a replacement Decree, the Ministry of Industry and Trade requests that your agency submit a report on assessment of the law enforcement situation and make recommendations on Decree No. 39/2007/ND-CP within the scope of its mandate. assigned duties and powers.

The Ministry of Industry and Trade recommends that you submit a report to the Ministry of Industry and Trade (Domestic Market Department) before July 13, 2022 to summarize and report to the Prime Minister./.

Thus, the review and report on the implementation of Decree 39/2007/ND-CP must comply with the above instructions and must be sent to the Ministry of Industry and Trade before July 13, 2022.