Scope of business location of individuals doing trade in Vietnam

Scope of business location of individuals doing trade in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Scope of business goods and services of individuals doing trade in Vietnam

Scope of business goods and services of individuals doing trade in Vietnam according to Article 5 of Decree 39/2007/ND-CP is as follows:

- Individuals doing trade are permitted to do business in goods and services in accordance with law, except for the following goods and services:

+ Goods and services under list of goods and services banned trading in accordance with law;

+ Smuggled goods, counterfeits, goods without origin, goods expired for use, goods not eligible for food hygiene and safety in accordance with law; goods not ensured quality, including goods lost quality, goods with bad quality, goods poisoned and animals and plants getting epidemics;

+ Goods and services under list of goods and services restrained trading in accordance with law.

- In case of trading in goods and services under list of goods and services of conditional business, individuals doing trade must comply with provisions of law related to trading of these goods and services.

- Individuals doing trade must observe law on taxes, prices, charges and fees related to the business goods and services. In case of trading in the foods and eating-drinking service, Individuals doing trade must ensure fully conditions as prescribed by law on food hygiene and safety for trading of these goods and services.

- Strictly prohibit individuals doing trade make fraudulence in weighting, measurement, tally and provision of false information or cause misunderstanding about quality of goods and services or nature of commercial activities performed by them.

2. Scope of business location of individuals doing trade in Vietnam

Scope of business location of individuals doing trade in Vietnam according to Article 6 of Decree 39/2007/ND-CP is as follows:

- Unless otherwise provided by law, strictly prohibit individuals performing commercial activities at the following zones, roads and locations:

+ Zones in ranked historical relics, cultural areas, and other beauty spots;

+ Zones of state agencies, diplomat agencies, and international organizations;

+ Zones in the safe belt of warehouses containing ammunition, explosives, plants producing ammunition, explosives, and barracks of Vietnam People's Army;

+ Zones of airports, seaports, international border-gates, train stations, harbors, bus station, and ferries and on means of transport;

+ Schools, hospitals, religion or belief establishments;

+ Places for temporary stopping, parking of means of transport joining traffic, including roads and waterways;

+ Roads including aisles of dormitories or collective apartments; alleys, pavements, roadways, road sides of urban roads, district roads, provincial roads, and national roads serving for people and means joining traffic, except for areas, roads or parts of pavement which have been zoned or allowed using temporarily for performing commercial activities by the competent agencies;

+ Roads, zones (including tourism zones) prescribed and had the boards to prohibit individuals from performing commercial activities by People’s Committees of provinces, central affiliated cities (abbreviated to as the provincial People’s Committees) or agencies authorized by the provincial People’s Committees;

+ Zones under use right of organizations, individuals although these zones are not zones, roads, locations banned using as business location as prescribed from point a thru point h Clause 1 of Article 6 of Decree 39/2007/ND-CP, but without consensus of those organizations or individuals or those zones have boards banning individuals to perform commercial activities.

- Strictly prohibit individuals doing trade in illegally appropriating, arbitrarily building, installing facilities, equipment instruments for conducting commercial activities and displaying goods at any location on traffic roads and public places; entrances, emergency exits or any zone that obstructs traffic, causes inconveniences for community and loses general landscape.

- In case of conducting commercial activities in zones, on roads, or parts of pavement zoned or allowed to use temporarily by competent state agencies, apart from compliance with provisions of Decree 39/2007/ND-CP, individuals doing trade must ensure implementation in accordance with the planning and permission.

- Individuals doing trade must observe the legal orders of persons on duty in case they are requested for moving goods, means, equipment, instruments serving commercial activities in order to not obstruct traffic in urgent cases or due to reason of security and other social operations in accordance with law.

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