Circular No. 07/2003/TT-BKH guiding the preparation of projects for the development planning and construction investment of markets

CIRCULAR

Guidelines for preparing plans for the development and construction of markets

Pursuant to the Government Decree No. 61/2003/NĐ-CP dated June 6, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Government Decree No. 02/2003/NĐ-CP dated January 14, 2003 on market development and management.

Implementing Clause 2, Article 14 of Government Decree No. 02/2003/NĐ-CP on market development and management, the Ministry of Planning and Investment issues this Circular guiding the preparation of plans for the development and construction of markets as follows:

I. CONTENT OF THE MARKET DEVELOPMENT PLANNING PROJECT

1. Provisions regarding the content, procedures for preparation, review, and management of the market development planning project.

The market development planning project is part of the industry development plan for commerce within the province or centrally governed city; it is also a component of the overall economic and social development plan for the territory.

The provisions concerning the content, procedures for preparation, review, and management of market development planning projects shall be carried out in accordance with the provisions of Government Decree No. 07/2003/NĐ-CP dated January 30, 2003 amending and supplementing certain articles of the Investment Management Regulation issued together with Government Decree No. 52/1999/NĐ-CP dated July 8, 1999 and Government Decree No. 12/2000/NĐ-CP dated May 5, 2000; and Circular No. 05/2003/TT-BKH dated July 22, 2003 of the Ministry of Planning and Investment guiding the content, procedures for preparation, review, and management of industry development planning projects and overall economic and social development plans for the territory.

2. Main contents of the market development planning project.

Based on the industry development plan for commerce and the national market development plan issued by the Ministry of Commerce during each period; based on the overall economic and social development plan for the territory, the study and development of market development plans are conducted regularly according to the schedule; the market development plan has a duration of 10 years or more; after five years, the market plan must be reviewed and supplemented.

In cases where new factors arise that change the content of the approved planning, research should be organized to adjust it appropriately to the actual conditions.

The main contents of the market development planning projects include:

a/ Determining the position and role of the commerce industry, the system of markets in relation to the national economy, the region, and the objectives of developing the infrastructure for commerce and the market system.

b/ Analyzing and evaluating the current state of development and distribution of the commercial network, the market network, and the issues that need to be resolved.

c/ Analyzing and forecasting the factors affecting the development and distribution of the commercial network and the market network during the planning period; analyzing and forecasting market trends and the potential for expanding the market, increasing the circulation and competitiveness of goods at markets; analyzing and forecasting global and regional market development trends.

d/ Determining viewpoints, goals, and justifying development schemes for the market network.

e/ Developing spatial organization plans including both land and water surfaces.

f/ Calculating the key conditions necessary to ensure the implementation of the planning goals (such as capital needs, equipment, materials, labor...).

g/ Justifying the allocation scheme for various types of markets across regions, especially for key regional agricultural product markets.

h/ Issues related to sustainable environmental protection requirements in areas implementing the market development planning project.

i/ Determining policy solutions; proposing implementation schemes for the market development planning project in different stages of development (especially the first five-year stage).

3. Market development planning management

- Provincial People's Committees are responsible for organizing the preparation and approval of market development planning projects, serving as the basis for constructing investment projects for market construction. Local Departments of Commerce/Commerce and Tourism are responsible for managing and implementing market development planning projects in their respective areas.

- Relevant Ministries (Ministry of Fisheries for seafood markets, Ministry of Agriculture and Rural Development for agricultural product markets...) are responsible for coordinating with provincial People's Committees on the content, procedures for preparation, review, and management of planning projects for specialized regional markets under their jurisdiction.

- Funding for implementing market development planning comes from state budget funds and other lawful sources.

II. INVESTMENT AND CONSTRUCTION FOR MARKET DEVELOPMENT

1. Provisions on market construction investment

The provisions concerning the content, procedures for preparation, review, and management of market construction investment projects shall be carried out in accordance with the provisions of Government Decree No. 07/2003/NĐ-CP dated January 30, 2003 amending and supplementing certain articles of the Investment Management Regulation issued together with Government Decree No. 52/1999/NĐ-CP dated July 8, 1999 and Government Decree No. 12/2000/NĐ-CP dated May 5, 2000, and the accompanying circulars.

Tendering for the implementation of market investment projects shall be carried out in accordance with the provisions of Government Decree No. 66/2003/NĐ-CP dated June 12, 2003 amending and supplementing certain provisions of Government Decrees No. 14/2000/NĐ-CP dated May 5, 2000 and No. 88/1999/NĐ-CP dated September 1, 1999 on tendering regulations and the accompanying circulars.

2. Sources of investment funding

a) Central government budget support.

- Support for the construction of infrastructure for regional agricultural product wholesale markets, specialized markets for agricultural products and seafood aimed at selling goods from concentrated production areas in agriculture, forestry, and fisheries.

- Community center markets, village markets in remote and island areas under national programs for economic and social development, poverty reduction, and settlement programs implemented through integrated national programs; community center development programs.

b) Local government budget:

- Support investment in constructing infrastructure and market buildings for type I markets and markets in large cities according to planning, at key economic and trade locations of provinces and cities, serving as centers for commodity exchange and meeting consumption needs in the area.

- Investment in constructing national border gate markets and international markets shall enjoy incentives stipulated in Decision No. 53/2001/QĐ-TTg dated April 19, 2001 of the Government on policies for border economic zones.

c) Enterprises and individuals who are investors in market construction projects

- Shall mainly self-fund the implementation of the project; may mobilize capital from production and business enterprises to construct market buildings, stalls, counters, fences, yards, sanitation facilities, parking lots, infrastructure within the fence, and other components.

- May use land use rights, water surface rights, and facilities within the market's scope under their own use rights as collateral for bank credit loans in accordance with current regulations to invest in major repairs, renovation, and upgrading of the market.

3. Investment Incentive Policies.

3.1. Application Objectives and Conditions for Investment Incentives.

The application objectives and conditions for enjoying investment incentive policies for market construction are specified in Decree No. 51/1999/NĐ-CP dated July 8, 1999 of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended), and accompanying Circulars.

3.2. Procedures and Formalities for Granting Investment Incentives

The procedures and formalities for granting investment incentives for market construction projects shall be carried out in accordance with Circular No. 02/1999/TT-BKH dated September 24, 1999 of the Ministry of Planning and Investment guiding the procedures and formalities for granting investment incentives under Decree No. 51/1999/NĐ-CP dated July 8, 1999 of the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended) and Decree No. 35/2002/NĐ-CP dated March 29, 2002 of the Government.

III. IMPLEMENTATION

The Chairmen of People's Committees of centrally governed cities and provinces shall direct People's Committees at all levels and specialized agencies to implement the guidance contents of this Circular.

Provincial Departments of Planning and Investment have the responsibility to guide project investors to comply with legal regulations on planning management, development, and basic construction investment, and the guidance provided in this Circular.

This Circular takes effect fifteen days after its publication in the Official Gazette. During implementation, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Planning and Investment for consideration and resolution.