What are new regulations on the development and management of markets from August 1, 2024 in Vietnam?
What are new regulations on the development and management of markets from August 1, 2024 in Vietnam? What are the main contents that must be included in the market regulations in Vietnam?
What are new regulations on the development and management of markets from August 1, 2024 in Vietnam?
On June 5, 2024, the Government issued Decree 60/2024/ND-CP on the development and management of markets.
According to Decree 60/2024/ND-CP, it regulates policies and mechanisms for market development and management, including: market construction investment (including new construction, repair, and renovation of construction works); organization of market management and business activities at the market; management, use, and exploitation of infrastructure assets invested and managed by the state.
Regarding market classification, Article 4 of Decree 60/2024/ND-CP stipulates the following classification of markets:
Market classification:
1. Classification of markets based on business methods:
a) Wholesale markets: Markets that serve the functions specified in Clause 3, Article 3 of this Decree and meet the following criteria:
Scale (area): The minimum land area of the market is 10,000 m2, excluding areas for courtyards, pathways, parking lots, and other supporting facilities.
Location: Connected to various transportation modes, facilitating the flow of goods.
Construction items include:
Essential facilities: parking lots, drainage and wastewater treatment systems, waste and scrap collection points, sanitation and storage areas, and consolidated cargo gathering areas.
Technical requirements: fire prevention and fighting systems, food safety and environmental protection measures, compliance with climate change regulations.
Main areas: business areas divided by product categories (wholesale and retail sections); office areas; inspection, control, quarantine areas (for animal and plant-based products for export or import), quality control and traceability areas; sorting, processing, packaging, and packaging areas; cargo collection and delivery areas; essential service areas, and loading and unloading areas for trucks and containers.
For existing wholesale markets that have been invested in, constructed, and operating prior to the effective date of this Decree, they can continue to operate based on the investment projects.
b) Retail markets: Markets that serve specific purposes and functions as specified in Clause 4, Article 3 of this Decree.
2. Classification of markets based on scale:
a) Grade 1 markets:
Markets with over 400 business points, constructed and solidly built according to urban planning.
Provide appropriate market space according to the scale of operations; organize essential activities such as parking, public sanitation, and other activities.
b) Grade 2 markets:
Markets with 200 to 400 business points, constructed and solidly built or semi-solidly built according to urban planning.
Provide appropriate market space according to the scale of operations; organize essential activities such as parking, public sanitation, and other activities.
c) Grade 3 markets:
Markets with less than 200 business points or markets that have not been solidly built or semi-solidly built.
Provide appropriate market space according to the scale of operations; organize essential activities such as public sanitation.
3. Classification of markets based on funding sources:
a) Markets invested from the state budget:
The investment, construction, management, and business activities at these markets are carried out according to the regulations in Chapter II and Chapter III of this Decree, as well as other related laws and regulations.
The management, use, and exploitation of infrastructure assets invested and managed by the state are carried out according to the regulations in Chapter IV of this Decree.
b) Markets invested from sources outside the state budget (including other legitimate sources as prescribed by law):
The investment, construction, management, and business activities at these markets are carried out according to the regulations in Chapter II and Chapter III of this Decree, as well as other related laws and regulations.
Therefore, according to Decree 60/2024/ND-CP, markets are classified into the following three methods:
(1) Classification of markets based on business methods
(2) Classification of markets based on scale
(3) Classification of markets based on funding sources
What are new regulations on the development and management of markets from August 1, 2024 in Vietnam? - image from internet
What are the main contents that must be included in the market regulations in Vietnam?
According to Article 10 of Decree 60/2024/ND-CP, the market regulations must include the following main contents:
- Opening hours;
- Rights and obligations of business traders in the market;
- Regulations on goods and services traded in the market;
- Regulations on individuals involved in transactions, buying and selling, visiting, and performing official duties in the market;
- Regulations for market management officials and staff;
- Fire prevention and fighting, disaster prevention measures;
- Security and order in the market;
- Environmental sanitation and food safety;
- Civilized commercial market, code of conduct;
- Requirements for organizing and participating in cultural and social activities in the market;
- Regulations on handling violations in the market;
- Other provisions.
What is the duration of the lease for business points in the market in Vietnam?
According to Article 11 of Decree 60/2024/ND-CP, there are provisions regarding the management of business points in the market as follows:
Management of business points in the market
1. The market management organization is responsible for:
a) Developing plans for operation, arrangement, and allocation of business areas, use of business points in the market, and notifying the competent People's Committee at the appropriate level;
b) Signing contracts with traders renting business points according to the plan for operation, arrangement, and allocation of business areas, and the use of business points in the market as prescribed by law;
c) Implementing the arrangement and allocation of traders using business points according to the plan for operation, arrangement, and allocation of business areas, and the use of business points in the market.
2. The duration of the lease for business points in the market is agreed upon by the parties unless otherwise provided by law. The lease duration for business points in the market must be stated in the contract between the market management organization and the business traders in the market.
3. The provincial People's Committee shall guide and regulate the management of business points in the market as prescribed in this Article to ensure social security, food safety and hygiene, and security and order.
Therefore, the duration of the lease for business points in the market will be agreed upon by the parties unless otherwise provided by law.
Note: Decree 60/2024/ND-CP takes effect from August 1, 2024.
