Nghị định 114/2009/ND-CP

DECREE

ON AMENDMENT AND SUPPLEMENT OF A NUMBER OF ARTICLES OF THE DECREE NO.02/2003/ND-CP OF JANUARY 14, 2003 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF MARKETS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Commercial Law No.36/2005/QH11 June 14, 2005;

At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. To amend and supplement a number of Articles of the Decree No.02/2003/ND-CP dated January 14, 2003 of the Government on the development and management of markets as follows:

1. To supplement Clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 into Article 2 as follows:

"6. Specialized marketplaces: mean those trading specifically a commodity or some commodities with its own characteristics and properties.

7. Synthesis marketplaces: mean those trading many commodities.

8. Marketplaces set up by people: mean the 3^rd class marketplaces (managed by communes, wards) trading goods commonly used and essential for people's daily life.

9. Border marketplaces: mean those located in the border areas on mainland (including communes, wards and townships where have part of administrative boundary to coincide with national boundaries on the mainland) or border area on sea (as from national border on sea to the administrative boundaries of communes, wards and townships adjacent to the sea and islands, archipelago).

10. Temporary marketplaces: mean those planned but not yet built permanently or semi-permanently.

11. Rural marketplaces: mean the communal marketplaces of the districts and those in the suburbs and outskirts.

12. Mountainous areas: mean communes in the mountainous districts.

13. Border-gate marketplaces: mean those set up in the border areas on land or sea attached to the border-gate of export and import of goods but not of the border-gate economic zones.

14. Marketplaces in the border-gate economic zones: mean those set up in the border-gate economic zones under the conditions, order and procedures prescribed in the Decree No.29/2008/ND-CP of March 14, 2008 of the Government regulating the industrial zones, export processing zones and economic zones.

15. Enterprises trading, managing marketplaces: mean the enterprises established, registered business and operating as prescribed by law, assigned by the competent authorities or won the bidding on business, operation and management of marketplaces.

16. Cooperatives trading, managing marketplaces: mean the cooperatives established, registered business and operating as prescribed by law, assigned by the competent authorities or won the bidding on business, operation and management of marketplaces."

2. Point b, Clause 2, Article 3 is amended as follows:

"B) Second class marketplaces:

Mean the marketplaces having from 200 business locations to 400 business locations, invested and built permanently or semi-permanently as planned; located in the economic centers of the region and held regular or irregular meetings; with market premises in accordance with operation scale of marketplace and organizing the basic services at the marketplaces: vehicles keeping, loading and unloading of goods, storage of goods, measurement services, public sanitation."

3. Clause 1 of Article 4 is amended as follows:

"1. Marketplace is an important part of overall social and economic infrastructure. In locality’ socio-economic development planning and commercial development planning, it must include the market development planning. Market development planning must be consistent with the planning of socio-economic development, commercial planning, land use planning and other concerned planning. The marketplace development planning must be made according to the principles stated in Clause 2 of Article 4 of the Decree No.02/2003/ND-CP dated January 14, 2003 of the Government on the development and management of the marketplaces and is approved and directed the implementation by the competent authority in accordance with provisions."

4. Clauses 3 and 4 of Article 5 shall be amended and supplemented as follows:

"3. Capital investment in the development of the State including funds from the central budget, local budgets and non-refundable aid. In particular, funds from local budgets shall be used as support for investment in the construction of the wholesale marketplaces of agricultural products, food and second class, third class marketplaces in the rural areas, mountainous and island areas; funds from the central budget only support investment in the following markets:

“3. The source of development investment capital of the State including capital from the central budget, local budgets and non-refundable aids. In particular, capital from the local budgets shall be used as support for investment in the construction of the wholesale marketplaces of agricultural products, food and second class, third class marketplaces in the rural areas, mountainous and island areas; capital from the central budgets shall be used as support only for investment in the following markets:

a) Support for investment in the construction of infrastructure of the marketplaces (specific support levels on the scale of each project):

- Specialized farm-produce and foodstuff pivotal marketplaces to consume goods in concentrated agricultural, forestry and aqua-cultural production regions;

- Central marketplaces of the districts in the areas with difficult and difficult-especially socio-economic conditions in the list of Appendix II issued together with the Decree No.108/2006/ND-CP of September 22, 2006 of the Government detailing and guiding the implementation of a number of Articles of the Law on Investment;

b) Support for investment in the construction of border marketplaces and communal marketplaces set by people of the districts in areas with difficult and difficult-especially socio-economic conditions in the list of Appendix II issued together with the Decree No.108/2006/ND-CP of September 22, 2006 of the Government.

The source of capital used for support for investment in marketplaces specified in clause 3 of this Article shall be given priority of investment in the construction of marketplaces by the following order:

- The marketplaces that are operating, in the planning approved by the competent authorities but they are the temporary marketplaces or the ones with technical-material facilities to be seriously degraded;

- The newly-built marketplaces at the communes without marketplaces, at the places without demand for marketplace for production, export and daily life of the people.

4. Marketplace investment projects of the economic sectors are enjoyed the preferential policies for investment as for the industries of manufacture and services of the list of sectors of investment incentives stipulated in the Decree No.108/2006/ND-CP of September 22, 2006 of the Government; enjoyed preferential policies for investment credit under the Decree No.151/2006/ND-CP of December 20, 2006 of the Government on investment credit and export credit of the State and the Decree No.106/2008/ND-CP of September 19, 2008 of the Government amending and supplementing a number of Articles of the Decree No.151/2006/ND-CP of December 20, 2006 of the Government. "

5. Clause 1 of Article 6 is amended as follows:

"1. "Investors wishing to build new markets, to repair overhaul, transform or upgrade marketplaces must elaborate projects thereon under the current regulations on investment and construction management; the regulations on design standard of types and levels of marketplaces and approved by competent authorities according to current regulations.

6. Point a, c, Clause 1 and Clause 2, Clause 3 of Article 7 shall be amended as follows:

“1. Marketplaces built with the State’s investment or investment capital support under Clause 3, Article 5 of this Decree shall be assigned by competent-level People’s Committees to the subjects for organizing business in exploiting and managing activities in the marketplaces according to the following regulations:

a) For newly-built marketplaces, assigning to or organizing bidding to select enterprises or cooperatives to do business in exploiting and managing the marketplaces. The enterprises or cooperatives doing business in exploiting and managing the marketplaces shall operate under the provisions in Article 9 of the Decree No.02/2003/ND-CP dated January 14, 2003 of the Government.

c) For marketplaces in rural, highland, deep-lying, remote or island regions, assigning to the enterprises or cooperatives qualified under the provisions of the provincial-level People's Committee for organizing the business, exploitation and management.

2. For the marketplaces built with the State’s investment support with capital contributed by business households, cooperatives, enterprises of various economic sectors and other organizations and individuals, the competent-level People’s Committees shall base on the capital contribution levels and percentages to select subjects for doing business in exploiting and managing the marketplaces (Marketplace Management Boards, enterprises, cooperatives or joint-stock companies set up under the provisions of law).

3. Marketplaces built with investment of organizations, individuals, business households, cooperatives or enterprises of various economic sectors shall be commercially exploited and managed by such organizations, individuals, business households, cooperatives or enterprises in form of enterprises or cooperatives under the provisions of law and the provisions on doing business in exploiting and managing the marketplaces in Article 9 of the Decree No.02/2003/ND-CP dated January 14, 2003 of the Government.”

7. To supplement points g, h, i, into Clause 1 of Article 14 as follows:

"1. The Ministry of Industry and Trade shall preside over and coordinate with the concerned ministries and agencies:

g) To develop and submit to the Prime Minister for approving the program of market development in each period and to guide and direct the implementation.

h) To develop or adjust the development planning of marketplace system in the nationally-wide scope;

i) To guide and direct the provincial-level People's Committees to build or adjust the development planning of marketplace system; to promulgate the specific regulations on the development, management and operation of marketplaces in accordance with local conditions."

8. Clause 2 of Article 14 shall be amended as follows:

"2. The Ministry of Planning and Investment shall preside over and coordinate with the Ministry of Finance, Ministry of Industry and Trade and the concerned ministries and agencies:

a) To consider, synthesize plans of annual investment and construction of marketplaces of the provinces and cities directly under the Central Government to allocate market investment support capital from the central budget in accordance with the provisions of this Decree; submit to the Prime Minister for approval in accordance with current regulations;

b) To guide the implementation of policies to support market construction investment capital from the state budget and preferential, incentive policy for the organizations and individuals participating in the investment in construction of marketplaces in accordance with provisions of this Decree."

9. Clause 3 of Article 14 shall be amended. supplemented as follows:

"3. The Ministry of Finance shall preside over and coordinate with the Ministry of Industry and Trade, the Ministry of Planning and Investment and the concerned Ministries and branches:

a) To guide financial mechanism applied to the marketplace management boards, enterprises and cooperatives doing business and managing marketplaces;

b) To guide the financial mechanism applied to the conversion of marketplace management boards (for the marketplace types invested by the State or supported investment by the state) to the enterprises or cooperatives doing business and managing marketplaces."

10. To amend Clause 4, and supplement Clause 5, 6, 7, 8, 9 and Article 14 as follows:

"4. The Ministry of Home Affairs:

To preside over and coordinate with the Ministry of Finance, Ministry of Industry and Trade, the Ministry of Planning and Investment and concerned ministries and branches in guiding the regulations for officials and employees of the marketplace management boards of the state staffing when converted into the enterprises or cooperatives doing business and managing marketplaces.

5. The Ministry of Construction:

To preside over and coordinate with the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development and other concerned ministries and branches to build or modify and supplement the regulations on standard - design of types and levels of marketplaces.

6. The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Industry and Trade, the Ministry of Health, Ministry of Agriculture and Rural Development and other concerned ministries and branches:

a) To guide, direct the provincial-level People's Committees to make land use planning, reserve land and use land for investment and construction of marketplaces;

b) To guide, direct the provincial-level People's Committees in the assurance of environmental hygiene at the marketplaces.

7. The Ministry of Health:

To preside over and coordinate with the Ministry of Industry and Trade, the other concerned ministries and branches in guiding and directing the provincial-level People's Committees in the assurance of food hygiene and safety in the marketplaces.

8. The Ministry of Public Security:

To preside over and coordinate with the concerned ministries and branches in guiding and directing the provincial-level People's Committees in the fire prevention and fighting at the marketplaces.

9. The Vietnam Cooperatives Alliance:

To preside over and coordinate with the Ministry of Industry and Trade and other concerned ministries, branches to propagate, disseminate in the collective economy sector of the law, development policy, market management and cooperative model doing business, managing marketplaces effectively."

11. To supplement the points e, g, h, i, Clause 1 of Article 15 as follows:

"e) To promulgate the mechanism, policies and measures to mobilize and exploit local resources, especially the resources of the subjects of production, business and people in the area to develop a network of marketplaces;

g) To direct the formation and approve the annual plan of investment and construction of marketplaces in accordance with marketplace development plans in the whole country and of each locality; proactively allocate funds from the local budget to invest and build marketplaces under the provisions of this Decree, and use for the right purposes, effectively the capital source for market investment support from the central budget;

h) To direct formation and approve the conversion plan of the first class management boards of marketplaces built by the state’s investment or by the state’s investment capital support into enterprises or cooperatives doing business, managing marketplaces;

j) To direct, examine and inspect the implementation of the provisions of law and policy on development, management of marketplaces; direct the implementation of measures to improve the performance of the markets in the provinces."

12. To supplement points c and d into Clause 2 and amend Clause 3, Article 15 as follows:

"c) To direct the development and approval of plans to convert the second and third class marketplace management boards built by the state’s investment or by the state’s investment capital support into enterprises or cooperatives doing business, managing marketplaces;

d) To examine and inspect the implementation of the provisions of law and policy on development, management of marketplaces; and implement the measures to improve the performance of the marketplaces in the district areas.

3. Commune-level People's Committees: are responsible for management and implementation of the plans to convert the management boards or the management groups of the third class markets into enterprises or cooperatives doing business, managing marketplaces approved by the competent authorities; coordinating with the provincial-level, district-level authorities to manage the first and second class marketplaces in the area."

13. To amend words:

- The phrase "the Ministry of Industry and Trade" is replaced by the phrase "the Ministry of Commerce";

- The phrase "provincial-level People's Committee" is replaced by the phrase "the provincial People's Committee";

The phrase "district-level People's Committee" is replaced by the phrase "the district People's Committee";

- The phrase "commune-level People's Committee" is replaced by the phrase "People's Committees of communes, wards";

The phrase "marketplace class” is replaced by the phrase "marketplace type";

The phrase "marketplace of class…" is replaced by the phrase "marketplace of type…".

Article 2. Effect

This Decree takes effect from February 15, 2010.

Article 3. Responsibility for implementation

The Ministers, heads of the ministerial-level agencies, the heads of the Governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree./.