What are the differences to note about the market rules in the new Draft compared to the current ones?
What are the market rules under the Draft?
According to Article 10 of the Draft Decree on Market Development and Management of Vietnam (Draft 2), all markets must have a Market rules to be applied within the market. Market rules include the following main contents:
Rights and obligations of traders doing business in markets.
+ Regulations on goods and services traded at the market.
+ Regulations on people who come to trade, buy and sell at the market.
+ Regulations on assurance of fire prevention and fighting safety.
+ Regulations on ensuring security and order at the market.
+ Regulations on ensuring environmental hygiene and food safety.
+ Requirements on building a civilized and commercial market.
+ Requirements on organization and participation in cultural and social activities at the market.
+ Handling violations of regulations on market rules.
- Market rules must be posted publicly and clearly within the market and must be disseminated to traders doing business in the market.
- Organizations and individuals participating in activities of buying, selling and exchanging goods and services within the market must comply with the provisions of law and the market rules.
- Based on Clause 1 of this Article, the current regulations of the law, and the practical situation of the locality, the People's Committee of the province shall prescribe specific provisions on the market rules.
In addition, according to Point d Clause 2 Article 8 of the Draft Decree on market development and management of Vietnam (Draft 2), the market rules-makers and the market rules-approvers are mentioned as follows:
"Article 8. Market management board
...
2. The market management board has the following duties and powers:
...
d) Formulate the internal regulations of the market according to the provisions of Article 11 of this Decree for submission to the People's Committee of the competent level for approval according to the decentralization of market management; organize the implementation of the Market Rules and handle violations of the market rules.
..."
03 differences to note about the market rules in the Draft compared to the current regulations?
What are the market rules under current regulations?
According to Article 10 of Decree 02/2003/ND-CP of Vietnam, all markets must have market rules to apply within the market, including the following main contents:
+ The rights and obligations of traders doing business in the marketplaces.
+ The regulations on goods and services to be traded in the marketplaces.
+ The regulations on people going to the marketplaces for transactions, purchase or sale.
+ The regulations on fire prevention and fighting.
+ The regulations on security and order in the marketplaces.
+ The regulations on environment sanitation and food safety.
+ The requirements on building civilized commercial marketplaces.
+ The requirements on organizing and participating in cultural and social activities in the marketplaces.
+ The regulations on handling of violations in the marketplaces.
- The marketplaces’ internal regulations must be publicly and clearly posted up within the marketplace spaces and disseminated to all traders doing business in the marketplaces.
- All organizations and individuals participating in activities of buying, selling and exchanging goods as well as services within the marketplaces must abide by the marketplaces’ internal regulations.
Besides, according to Clause 3 Article 9 of Decree 02/2003/ND-CP of Vietnam, the market rules makers and the market rules approvers are mentioned as follows:
“Article 9. Enterprises doing business in exploiting and managing marketplaces
Enterprises doing business in exploiting and managing marketplaces are those set up, registering their business and conducting business activities under the provisions of law, having the responsibility to organize the implementation of the following regulations:
…
3. Drawing up the marketplaces’ internal regulations as provided for in Article 10 of this Decree for submission to competent People’s Committees for approval according to the marketplace management decentralization; administering the marketplace activities according to such internal regulations and handle the violations thereof.
…”
Compare the differences between the Draft and current regulations
03 differences to note about the market rules in the Draft compared to the current regulations:
Firstly, the number of main contents of the Draft has not changed compared to the current regulations, however, the dissemination of the market rules to all traders doing business in the market is no longer mandatory.
Second, the Draft stipulates more detailed regulations on compliance with the law when doing business at the market, while the old regulation only mentions the observance of the market rules.
Third, the object of market rules is changed. In the Draft, the Market Management Board will be responsible for developing the market rules instead of the market exploitation and management enterprises. And the person with the authority to approve remains the same as the competent People's Committee.
Download the draft Decree on market development and management here.
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