In Vietnam, is street vending in Vietnam itinerant trading? What is the fine imposed on individuals engaged in street vending at the wrong places?
In Vietnam, is street vending in Vietnam itinerant trading?
Under Article 3 of Decree 39/2007/ND-CP:
1. Individuals engaged in trading mean individuals who everyday themselves conduct one, several or all activities allowed by law on goods purchase and sale, service provision and other activities with purpose of profitability but do not register their business as prescribed by law on business registration and not be called as “trader” as prescribed by the Commercial Law. Particularly including individuals doing the following trade activities:
a) street vending (trading in public places) means activities of purchase and sale without a fixed location (purchase on street, sale on street or both purchase and sale on street), includes even the receipt of books, news, magazines, cultural products of traders allowed doing business in these products as prescribed by law, for sale on street;
b) Petty trading means purchase and sale of small and odd items with or without a fixed location;
c) Petty-food trading means sale of fruits, cakes, candies, drinks (beverage) with or without a fixed locations;
d) The consignment trading means purchase of goods from other places according to each consignment to sell for wholesalers or retailers;
dd) Providing services: Polishing shoes, selling lottery tickets, repairing key, repairing vehicles, safekeeping for vehicles, washing for vehicles, barber, painting, taking photo and other services with or without fixed locations;
e) Other commercial activities done independently and regularly do not have to register for business.
2. Itinerant traders are traders without fixed location.
Thus, itinerant trading is understood as commercial activities without a fixed location.
At the same time, street vending (trading in public places) means activities of purchase and sale without a fixed location (purchase on the street, sale on the street or both purchase and sale on the street), including even the receipt of books, news, magazines, cultural products of traders allowed doing business in these products as prescribed by law, for sale on street.
Thus, street vending is a trading activity without a fixed location and is considered itinerant trading.
Is street vending at hospitals in Vietnam illegal?
Under Point dd, Clause 1, Article 6 of Decree 39/2007/ND-CP:
Scope of business location of individuals engaged in trading
1. Unless otherwise provided by law, strictly prohibit individuals from performing commercial activities at the following zones, roads and locations:
…
dd) Schools, hospitals, religion or belief establishments;
e) Places for temporary stopping, parking of means of transport joining traffic, including roads and waterways;
...
Under the above regulations, individuals are not allowed to trade in schools, hospitals, or religious and belief establishments.
Thus, street vending at hospitals is considered a violation against the regulations on the business location of individuals engaged in commercial activities.
What is the fine imposed on individuals engaged in street vending at the wrong places in Vietnam?
Under Point a, Clause 1, Point c, Clause 2, Point b, Clause 5 and Point e, Clause 6, Article 12 of Decree 100/2019/ND-CP:
Penalties for violations against regulations on the use of land area for road traffic
1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon an individual, from VND 200,000 to VND 400,000 upon an organization that commits any of the following violations:
a) Being engaged in street vending on the roadway or on the sidewalk where street vendors are prohibited, except for the violations specified in Point c Clause 2, Point b Clause 5, Point e Clause 6 of this Article;
...
2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon an individual, from VND 600,000 to VND 800,000 upon an organization that commits any of the following violations:
…
c) Illegally occupying the median strip to place building materials or display, sell goods, except for the violations specified in Point b Clause 5; Point d, Point e Clause 6 of this Article;
...
5. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:
…
b) Holding market; selling food and drink; displaying and selling goods placing signboards; repairing vehicles, machinery and equipment; washing vehicles; placing a signboard or advertising board; building or placing a platform; raising a roof or doing other activities on the roadway or sidewalk in a manner that obstructs the traffic, except for the violations specified in Point d, Point dd, Point e, Point g Clause 6; Clause 7; Point a Clause 8 of this Article;
...
6. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:
…
e) Displaying, selling machinery, equipment, building materials, or manufacturing or processing goods on the roadway or sidewalk in an urban area;
...
Thus, fines shall be imposed on individuals engaged in street vending at the wrong places in the following cases:
- A fine of from VND 100,000 to VND 200,000 shall be imposed on individuals engaged in street vending on the roadway or on the sidewalk where street vendors are prohibited; for organizations committing the same violation, the fine shall be VND 200,000 to VND 400,000;
- A fine of from VND 300,000 to VND 400,000 shall be imposed on individuals illegally occupying the median strip to place building materials or display, or sell goods; for organizations committing the same violation, the fine shall be from VND 600,000 to VND 800,000;
- A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on individuals holding market; selling food and drink; displaying and selling goods placing signboards; repairing vehicles, machinery, and equipment; washing vehicles; placing a signboard or advertising board; building or placing a platform; raising a roof or doing other activities on the roadway or sidewalk in a manner that obstructs the traffic; for organizations committing the same violation, the fine shall be from VND 4,000,000 to VND 6,000,000;
- A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on individuals displaying, selling machinery, equipment, building materials, or manufacturing or processing goods on the roadway or sidewalk in an urban area; for organizations committing the same violation, the fine shall be from VND 8,000,000 to VND 12,000,000.
LawNet