Rights and obligations of traders doing business at the market from August 1, 2024 in Vietnam

Rights and obligations of traders doing business at the market from August 1, 2024 in Vietnam​ (Photo from the internet)

Regarding this matter, LawNet provides the following explanations:

Rights and obligations of traders doing business at the market from August 1, 2024 in Vietnam

According to Article 12 of Decree 60/2024/ND-CP, the rights and obligations of market traders are stipulated as follows:

- Rights of market traders:

+ Traders with a contract for use or a lease agreement for a business location at the market are entitled to conduct business as specified in the signed contract;

+ Traders are allowed to transfer the business location or sublease the business location to other traders within the remaining term of the contract upon written approval from the market management organization;

+ Non-regular sellers are arranged to sell goods in separate areas within the market and must comply with the Market Regulations.

- Obligations of market traders:

+ Market traders must follow the plan for the arrangement and allocation of business areas as organized by the market management organization;

+ In addition to complying with legal regulations, market traders must adhere to the Market Regulations and be subject to the management of the market organization;

+ Goods and services sold by market traders must not be prohibited by law and must meet the conditions stipulated by law for restricted or conditional business items;

+ The business activities of market traders must not fall within sectors and professions banned from business investment and must comply with legal conditions for conditional business investment sectors.

Regulations on market rules from August 1, 2024 in Vietnam

- Market rules must include the following main contents:

+ Opening hours;

+ Rights and obligations of market traders;

+ Regulations on goods and services traded in the market;

+ Regulations for individuals conducting transactions, buying, selling, visiting, or performing official duties in the market;

+ Regulations for market management staff;

+ Fire safety, disaster prevention and control;

+ Security and order in the market;

+ Environmental hygiene and food safety;

+ Civilized market behaviors and code of conduct;

+ Requirements for organizing and participating in cultural and social activities in the market;

+ Regulations on handling violations in the market;

+ Other relevant regulations.

- Market rules must be publicly and clearly posted in easily visible and noticeable locations within the market and must be communicated to market traders.

- Organizations and individuals participating in trading and exchanging goods and services in the market, as well as related organizations and individuals, must comply with legal regulations and Market Rules.

- Violations of Market Rules are to be handled by the market management organization according to their authority.

- Provincial People's Committees shall issue a standard version of Market Rules to ensure uniformity in the development and application of market rules across all markets in their jurisdiction.

(Article 10 of Decree 60/2024/ND-CP)

Management of business locations in the market from August 1, 2024 in Vietnam

Article 11 of Decree 60/2024/ND-CP prescribes the management of business locations in the market as follows:

- Responsibilities of the market management organization:

+ Develop a plan for the exploitation, layout, and arrangement of business areas, and use business locations in the market, and notify the competent People's Committee;

+ Enter into contracts with traders for leasing business locations according to the exploitation, layout, and arrangement plan as per legal regulations;

+ Implement the arrangement of traders using business locations according to the exploitation, layout, and arrangement plan.

- The lease term for business locations in the market shall be mutually agreed by the parties unless otherwise stipulated by law. The lease term must be specified in the contract signed between the market management organization and the trader.

- The provincial People's Committees shall provide guidance and regulations on the management of business locations in the market in accordance with this Article, ensuring social security, food safety, and public security and order.

Nguyen Ngoc Que Anh

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