What are the three differences to note about the duties and powers of the market management board in the Draft compared to the current regulations?
What are the regulations on the duties and powers of the market management board in the latest draft?
According to Clause 2 Article 8 of the Draft Decree on market development and management of Vietnam, the market management board has the following duties and powers:
"Article 8. Market management board
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2. The market management board has the following duties and powers:
a) Manage and use state assets in accordance with law and manage activities within the market of one or several markets.
b) Sign contracts with traders on renting and using business points; organize the collection and payment of rent and use of business premises of business households and services at the market according to regulations.
c) Organize to ensure the work of fire prevention and fighting, environmental sanitation, security and order and food safety within the market area.
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.
d) To operate the market and organize the development of activities at the market.
e) Summarize business activities of the market and periodically report to state management agencies and other contents at the request of the competent People's Committee as prescribed.
g) Coordinate with functional agencies in implementing regulations on prevention and control of infectious diseases."
What are the three differences to note about the duties and powers of the market management board in the Draft compared to the current regulations?
What are the regulations on the duties and powers of the market management board in the current regulations?
According to Subsection 2 Section II of Circular 06/2003/TT-BTM of Vietnam, the market management board has the following duties and powers:
"II. FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE MARKET MANAGEMENT BOARD
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2. Duties and powers:
The market management board is responsible for implementing the provisions of the Government's Decree No. 02/2003/ND-CP and has the following specific duties and powers:
2.1. Submit to the People's Committee at the competent level according to the decentralization of market management to decide:
a) Approve the plan to use the business point and arrange and arrange the business lines at the market.
b) Specifying the use, lease, term and measures to manage business points at the market.
c) Approve the market rules.
d) Approve the plan to ensure fire prevention and fighting, environmental sanitation, security and order and food safety within the market.
e) Approving the plan for major repair, upgrading of facilities and development of market activities when required.
2.2. To decide on the organization of bidding according to the provisions of law to select traders to use or rent business points at the market according to the approved plan. In case the number of registered traders is less than the number of existing business points, the market management board is entitled to decide on the selection of traders, not to organize the bidding.
2.3. Sign a contract with a trader to use or rent a business point at the market according to the approved plan.
2.4. Organize the management and operation of the market, organize the implementation of the Market Regulations and handle violations of the Market Regulations.
2.5. Coordinate with local authorities and specialized agencies to ensure fire prevention and fighting, environmental sanitation, security and order and food safety within the market.
2.6. Business organization, development of supporting services such as: keeping vehicles, loading and unloading goods, leasing warehouses to store goods, providing market information, testing quantity and quality goods, environmental sanitation, eating, drinking, entertainment and other activities within the market area in accordance with the provisions of law and in the direction of becoming more and more civilized and modern.
2.7. Organize the collection and payment of rent and use of business points of traders and fees and charges to the market in accordance with law.
2.8. Coordinating with local authorities and agencies and mass organizations to organize socio-economic information, disseminate and guide the implementation of policies, regulations of law and obligations towards the State of traders at the market; organize cultural and social activities at the market.
2.9. To be responsible for managing the assets and financial results of the market management board in accordance with the law.
2.10. Summarize business activities of the market and periodically report to State management agencies in accordance with regulations of the Ministry of Trade."
Compare the differences between the Draft and current regulations
03 differences to note about the duties and powers of the market management board in the Draft compared to the current regulations:
Firstly, compared to the current regulations, the Draft stipulates less detailed duties and powers
Secondly, the responsibility to coordinate with authorities on infectious disease prevention was first included in the context of the current raging Covid-19 pandemic.
Thirdly, fire prevention in market activities has been included to protect the safety of sellers and buyers within the market.
Download the draft Decree on market development and management here.
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