This Circular details transactions of goods between state-owned production enterprises and state-owned trading enterprises, including product quality, warranty of goods, prices, and organizing reasonable movement of goods from production sites to consumption points.
적용 범위
State-owned production enterprises and state-owned trading enterprises
핵심 사항
- Goods transactions are based on purchase orders and agreements reflected in economic contracts between the two parties.
- Product quality must comply with prescribed standards; if not meeting requirements, the competent authority must be reported for review and decision.
- Warranty of goods is mandatory for technical products and must be carried out according to the agreement between the two parties.
- Prices for delivery of goods are based on the regulations of the Council of Ministers and guidelines of the State Price Committee.
- Organizing reasonable movement of goods to quickly transport them from production sites to consumption points, encouraging direct transportation from production enterprises to retail stores.
🌐 이 문서의 사회적 영향
- Enhancing the efficiency of production capacity utilization of state-owned industrial enterprises.
- Ensuring product quality and consumer rights through the implementation of warranty services.
- Reducing transportation costs and circulation time of goods, facilitating quick delivery from production sites to consumption points.
❓ 자주 묻는 질문
When does this Circular take effect?
This Circular takes effect from January 1, 1988.
In case the product does not meet quality standards, what should the parties do?
The parties must report to the competent authority for review and decision. If there was an agreement on quality criteria, both parties shall renegotiate and amend the contract accordingly.
How is the warranty of goods implemented?
Warranty of goods is mandatory for technical products. The production enterprise is responsible for providing warranty services to customers or the state-owned trading enterprise organizes warranty services.
전문
CIRCULAR
NUMBER 1/NT OF JANUARY 8, 1988 GUIDING IMPLEMENTATION
REGARDING THE CONSUMPTION OF PRODUCTS PURSUANT TO DECISION NO. 217/HĐBT
OF THE COUNCIL OF MINISTERS ON THE POLICY FOR REFORMING
PLANNING AND ACCOUNTING IN SOCIALIST BUSINESS OPERATIONS
FOR STATE ENTERPRISES.
Implementing Decision No. 217-HĐBT dated November 14, 1987 of the Council of Ministers on the policy for reforming planning and accounting in socialist business operations for state enterprises, the Ministry of Domestic Trade guides the implementation of Articles 12, 13, 14, and 15 of the regulations of the Council of Ministers (attached to Decision No. 217-HĐBT) regarding the consumption of products between trading enterprises and production state enterprises as follows:
I. STATE TRADING ENTERPRISES SHALL USE ORDER FORMS
AND ECONOMIC CONTRACTS TO CONSUME PRODUCTS OF STATE PRODUCTION ENTERPRISES
1. For essential consumer goods that belong to the needs of the lives of cadres, employees, armed forces, and various strata of the people, which are balanced in materials by the State and assigned plan quotas or State orders, the production enterprise has the responsibility to sell to the state trading organization designated by the agency assigning the plan quota or State order. Based on the plan quotas and State orders, the organizations designated to consume products from enterprises must prepare detailed orders for each item based on investigation, research, and careful calculation of demand and market conditions. The economic orders of state trading enterprises must be sent to the production enterprises at least three months before the start of the annual production plan. In cases where the production enterprise arranges its production plan quarterly, the orders must be sent to the enterprise at least one month before the start of the quarterly plan. Specifically for 1988, due to the new regulations issued by the Council of Ministers, the assignment of plans and orders will be carried out in the first quarter of 1988. If the production enterprise cannot meet the orders of the trading enterprise, both parties shall discuss and resolve satisfactorily according to the State plan and the guidance of the superior management authority.
During the process of production and consumption of products, if either party wishes to change the product, they must notify the other party at least two months in advance to prepare and jointly amend and supplement the signed contract. For products listed in the catalog produced with main materials supplied by the State and according to the orders of the trading enterprise, the state trading organizations that have signed economic contracts must accept all products according to the production schedule of the enterprise, without allowing accumulation of products in the enterprise's warehouse. Any economic losses caused by the accumulation of goods or the failure of the production enterprise to deliver goods to the trading enterprise according to the agreed schedule must be considered and dealt with regarding material liability for the party at fault. If there are disputes about quality, types, and prices that the two parties cannot agree upon, both parties must promptly report to their direct superior management authorities. If the superiors of the two parties do not respond within thirty days (as stipulated in Article 15 of the regulations), and the two parties still cannot reach an agreement, the production enterprise may sell the products to other consumers. Specifically for perishable products, the reporting and handling period must not exceed the usage period specified for each specific product.
For products produced by enterprises self-balancing material sources to fully utilize production capacity and meet market demands, enterprises prioritize selling to state trading organizations, primarily to those state trading enterprises designated to consume main products under mutually agreed conditions. In cases where state trading organizations do not accept consumption or cannot agree on consumption conditions, the production enterprise has the right to sell to other consumers.
If production enterprises wish to open stores to introduce new products or to consume products that socialist trade does not accept, or to provide warranty or repair services for products produced by the enterprise, the enterprises must follow the procedures for registering business operations as stipulated in Circular No. 13-NT dated November 4, 1986 of the Ministry of Domestic Trade and operate after obtaining a license, pay taxes, and comply with national regulations on trading and market management; socialist trade has the responsibility to guide and assist these enterprises in trading and service operations if requested by the enterprises.
The entire production and consumption plan for consumer goods according to orders and agreements is fully reflected in the economic contract between the two parties. The signing and implementation of the economic contract must strictly adhere to Part VII of the regulations attached to Decision No. 217-HĐBT of the Council of Ministers and the guiding circular of the National Economic Arbitration.
When there are no formal State plan indicators yet, the two parties base on the tasks and goals of the State plan determined in Central Party Resolutions and the Council of Ministers' decisions, guidance figures, and the situation of goods consumption in previous years to sign the contract. Once there are formal plan indicators, the two parties adjust accordingly.
To fully utilize the production capacity of state industrial enterprises and increase the stock of consumer goods, trading organizations related to enterprises need to supply various types of materials and raw materials outside the unified management list by the State for the production of consumer goods. These materials are priced according to agreed prices corresponding to the prices of goods sold by enterprises to trading organizations. If the trading organization has the main types of materials and raw materials necessary to produce complete products, the two parties can collaborate to produce under mutually agreed conditions.
2. Regarding Product Quality:
2. Regarding product quality:
Enterprises must ensure that the quality of products meets the standards specified (national standards, industry standards, enterprise standards, or quality standards agreed upon in the contract), and the name of the producing enterprise and the quality mark must be clearly marked on the product.
In cases where difficulties with materials, raw materials, equipment, etc., prevent products from meeting the prescribed quality standards, if leniency is required, both parties must report to the competent authority for examination and decision for products that have national standards and industry standards.
- For products with enterprise standards, both parties shall negotiate to amend the contract after consulting with the State agency responsible for product quality management.
- For products without established standards but with quality criteria agreed upon between the two parties or based on samples, both parties shall renegotiate the quality criteria according to the contract.
The handling period for product quality issues shall be carried out as stipulated in Point 1, Part I of this Circular.
When permitted to lower the quality standard of goods, both parties shall examine and agree on the material and raw material consumption rate for products not meeting the quality criteria, the completion level of plans calculated based on standard products, the quantity of materials already put into production for settlement and liquidation of materials; pricing for trade transfer should be consistent with the product's quality, and if the product falls under the State price management agency's jurisdiction, it must report to the State price management agency to re-determine prices. Quality classification marks (Class II, Class III, Class IV...) must be affixed to the product.
Strictly prohibit the circulation of products that do not meet minimum standards and those containing toxins harmful to consumer health, and handle violations according to current laws.
Products not allowed to circulate shall not be included in production plans or liquidated materials and raw materials.
3. Regarding warranty for goods:
Products manufactured according to technical processes such as sewing machines, electric fans, radios, televisions, refrigerators, watches, bicycles, etc., when sold to customers, must be covered by warranty.
Technical products when leaving the factory and being sold to consumers must bear a quality mark, come with an instruction manual, and include a warranty certificate.
Warranty for goods is a mandatory obligation for the seller to ensure repair, replacement, or compensation for defects caused by the manufacturing enterprise's fault.
Warranty for goods is conducted as follows:
- The enterprise that produces technical products is responsible for providing warranty to customers.
- State-owned commerce organizations provide warranty services to customers. In this case, the manufacturing enterprise must deliver a certain proportion of spare parts to the commerce organization when delivering complete products to facilitate repairs, warranties, or retail sales of replacement parts to customers. The quantity and types of spare parts for repairs, warranties, and retail sales for specific products are agreed upon by both parties.
The warranty fund is included in the consumption price and retail price of the product for consumers. If the commerce organization is responsible for warranty, the manufacturing enterprise must allocate the warranty fund to the commerce organization according to regulations or as stipulated in the contract. To facilitate consumers, commerce enterprises and manufacturing enterprises need to coordinate in organizing, distributing, and reasonably arranging service networks for repairs and warranties. Where the manufacturing enterprise is responsible for organizing warranty, the manufacturing enterprise will be responsible for warranty; otherwise, the commerce enterprise will organize warranty.
4. Price:
The price for goods transactions between state-owned manufacturing enterprises and state-owned commerce enterprises shall comply with Part V of the attached regulations accompanying Decision No. 217-HĐBT of the Council of Ministers and the guidance circular of the State Price Commission.
II. ORGANIZING RATIONAL MOVEMENT OF GOODS TO QUICKLY TRANSFER
GOODS FROM PRODUCTION TO CONSUMPTION LOCATIONS
1. Wholesale commerce enterprises need to organize the movement of goods from manufacturing enterprises to retail commerce enterprises, eliminating unnecessary intermediate steps to reduce costs and quickly move goods from production to consumption.
2. Direct movement of goods from production sites to retail outlets should be encouraged first for certain fresh food items like meat, vegetables, fruits, processed meat and fish products, and certain large-volume consumer goods with good packaging, bulky items, simple varieties, and items that do not require wholesale sorting, selection, and repackaging such as alcohol, beer, soft drinks, fish sauce, whole bicycles, bicycle tires, etc.
3. For planned and contractual goods:
Direct delivery of goods from manufacturing enterprises to retail enterprises shall be carried out based on agreements between wholesale commerce enterprises and manufacturing enterprises, according to the national goods circulation plan managed by the Commerce Ministry and the specific allocation plan of designated retail enterprises. In cases of direct delivery from manufacturing enterprises to retail outlets, the entity organizing the delivery shall enjoy all reasonable incidental expenses or wholesale trade discounts at the first level (if delivered to provincial level) or second-level wholesale trade discounts (if delivered directly to retail stores) and only pay part of the fees to the designated retail enterprise.
Wholesale commerce enterprises need to base their specific circumstances to negotiate and agree with relevant parties on the methods of delivery, payment, and direct delivery, and notify specific consumption plans to both manufacturing enterprises and consuming households.
4. For goods traded outside the plan and economic contracts, the handover and transportation shall be discussed and agreed upon by the production enterprise and the trading enterprise on the principle that if either party does not participate in any stage of the circulation of goods, it shall not enjoy the commercial discount of that stage.
This Circular takes effect from January 1, 1988. Any difficulties encountered during implementation should be reported to the Ministry of Domestic Trade for revision and supplementation.
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