LOGO PROPOSL FOR A DECREE ON RETAILING SERVICE Phạm Đình Thưởng Department of Legal Affairs, MOIT

Contents The Necessity 1 Purpose 2 Main Points 3 Preliminary Impact Assessment 4

The development of modern distribution system : - Fast - Still at low level THE NECESSITY Inadequate legal framework and state management: - Insufficient provisions - Not organized planning and zoning

PURPOSES To develop legal framework for a more modern distribution system To build up a fair competition atmosphere and consumer protection To facilitate domestic businesses Sustainable Development of distribution industry

MAIN POINTS  Chapter I: GENERAL PROVISIONS  Chapter II: RETAILERS  Chapter III: RETAILING GOODS  Chapter IV: RETAILING SHOPS (AND PLANING AND ZONING)  Chapter V: NON-SHOP RETAILING FORMS  Chapter VI: IMPLEMENTATION PROVISIONS

CHAPTER I: GENERAL PROVISIONS  SCOPE OF GOVERNANCE Retailing activities: -Sale in retailing shops -Sale under non-shop forms  SUBJECTS OF APPLICATION - Traders engaging in retailing activities (retailers) - Individuals, organizations involving in state management of the retailing activities.  CONCEPT OF RETAILING Retailing means the activity of selling goods directly to the end-users for the purpose of the consumption of individuals and households.

CHAPTER II: RETAILERS  Compulsory forms of business (Art. 6):  Type of goods  Retail shops  Forms of sale  Goods subject to separate regulations (Art 8)  To guide  Responsibility of retailers (Art. 9)  To guide  Prohibited acts (Art. 10)  Fair Competition and Consumer Protection

CHAPTER III: GOODS  Prohibited goods (Art. 12)  List of banned trading goods ++  Restricted Goods (Art. 13)  List of restricted trading goods ++  Conditional goods (Art. 14)  List of conditional trading goods ++  Goods subject to State monopoly (Art. 15)

CHAPTER III: GOODS  Goods in certain types of shops (modern, Art. 16) -Super market -Shopping mall -Big shops (Square > Xm2)  Goods traded under certain forms (Art. 17,18): -Direct selling -Internet trading -Vending machine

CHAPTER IV: RETAIL SHOPS  TYPES OF RETAIL SHOPS -Traditional -Modern  Planning and Zoning -Contents of Plans (Guides) -State agencies’ responsibilities  Economic Need Test (ENT) -Elements of ENT -Procedure: ENT Commission/Council  (Liciences) of retail shop establishment - ENT - Place

ENT COMMISSION MEETING

CHAPTER V: NON-SHOP RETAILING FORMS -Direct selling -Internet trading -Vending machine -Travelling sale

CHAPTER VI: IMPLEMENTATION PROVISIONS  Replacing a number of regulations (Decree No. 23)  Ministries issuing regulations in detail

PRELIMINARY IMPACT ASSESSMENT - To facilitate modern types and forms of trading - For social factors and sustainable development - To facilitate modern types and forms of trading - For social factors and sustainable development - Enterprise encouraged - Fair competition atmosphere - Transparent in implementing VN’s commitments - Consumer protectioin - Enterprise encouraged - Fair competition atmosphere - Transparent in implementing VN’s commitments - Consumer protectioin - New legal framework - Planned policies - Democracy methodology - Requirements of cooperation - New legal framework - Planned policies - Democracy methodology - Requirements of cooperation STATE MANAGEMENT TRADERS DISTRIBUTION SYSTEMS

LOGO