Decree No. 114/2009/ND-CP Amending and Supplementing Certain Articles of Decree No. 02/2003/ND-CP dated January 14, 2003 of the Government on Developing and Managing Markets

DECREE

Amending and supplementing some articles of Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on development and management of markets

 of the Government on development and management of markets

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THE GOVERNMENT

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

Pursuant to the Government Decree No. 81/2018/NĐ-CP dated May 22, 2018, detailing the Trade Law on trade promotion activities;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on development and management of markets as follows:

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

“6. Specialized market: is a market specializing in the trade of one industry or several industries with specific characteristics and unique nature.

7. Comprehensive market: is a market trading in multiple industries.

8. Livelihood market: is a market of category 3 (managed by communes, wards) trading in common and essential goods serving daily life needs of people.

9. Border market: is a market located within border areas on land (including communes, wards, towns where part of the administrative boundaries coincide with national borders on land) or border areas on sea (from the national border on sea up to the administrative boundaries of communes, wards, towns adjacent to the coast and islands, archipelagos).

10. Temporary market: is a market located within planning but not yet constructed solidly or semi-solidly.

11. Rural market: is a commune market of counties and in suburban areas outside urban centers.

12. Mountainous market: is a commune market belonging to mountainous counties.

13. Customs gate market: is a market established within border areas on land or sea attached to customs gates for export and import of goods but not within special economic zones at customs gates.

14. Market within a special economic zone at a customs gate: is a market established within a special economic zone at a customs gate according to conditions, procedures, and formalities prescribed in Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government detailing and guiding implementation of certain provisions of the Law on Investment regarding industrial zones, export processing zones, and special economic zones.

15. Business enterprise operating and managing markets: is a business enterprise established, registered for business, and operating in accordance with the law, assigned or awarded through bidding for operating, exploiting, and managing markets.

16. Cooperative operating and managing markets: is a cooperative established, registered for business, and operating in accordance with the law, assigned or awarded through bidding for operating, exploiting, and managing markets.”

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

“b) Category 2 market:

Is a market having from 200 to 400 trading points, invested and constructed solidly or semi-solidly according to planning; located in the economic center of the region and organized regularly or irregularly; has a market area suitable to the scale of market activities and organizes minimum services at the market: parking, loading and unloading goods, warehouse for storing goods, measurement services, public sanitation.”

"a) Amount of 220,000 VND/person/day actually mobilized to perform the mission of searching for and collecting remains of revolutionary soldiers within and outside the country."

“1. Markets are an important component of the overall economic and social infrastructure. In the planning for economic and social development and commercial development of each locality must include planning for market development. Planning for market development must be consistent with planning for economic and social development, commercial planning, land use planning, and other related planning. Market development planning is carried out according to the principles set forth in Clause 2 Article 4 of Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on development and management of markets and approved and directed for implementation by competent authorities as prescribed.”

4. Clause 3, 4 Article 5 are amended and supplemented as follows:

“3. State investment capital for development includes capital from the central budget, local budget, and non-repayable aid. Among them, capital from the local budget supports construction of wholesale agricultural and food markets and category 2 and 3 markets in rural, mountainous, and coastal island areas; capital from the central budget only supports construction of some markets as follows:

a) Supporting construction of market infrastructure (specific support level according to the scale of each project):

- Wholesale specialized or comprehensive markets selling agricultural, forestry, and aquatic products to consume goods from concentrated production areas;

- Central markets of counties in areas with difficult socio-economic conditions and extremely difficult conditions listed in Appendix II issued together with Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding implementation of certain provisions of the Investment Law;

b) Supporting construction of border markets and livelihood markets of counties in areas with difficult socio-economic conditions and extremely difficult conditions listed in Appendix II issued together with Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government.

The investment support capital for markets stipulated in Clause 3 of this Article shall prioritize construction of markets in the following order:

- Markets currently in operation, located within approved planning but are temporary markets or markets with severely deteriorated material and technical facilities;

- New markets built in villages without markets, places with demand for markets to serve production, export, and daily living needs of the people.

4. Investment projects for markets of various economic sectors enjoy investment incentives as those for production and service industries listed in the Catalogue of Preferential Investment Fields prescribed in Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government; enjoy preferential credit investment policies under Decree No. 151/2006/NĐ-CP dated December 20, 2006 of the Government on state investment credit and export credit and Decree No. 106/2008/NĐ-CP dated September 19, 2008 of the Government amending and supplementing certain Articles of Decree No. 151/2006/NĐ-CP dated December 20, 2006 of the Government.”

5. Clause 1 Article 6 is amended as follows:

“1. Investors constructing new markets or major repairs, renovation, and upgrading of markets must prepare projects in accordance with current regulations on investment management and design standards for various types and levels of markets and obtain approval from competent authorities as prescribed.”

6. Point a, point c Clause 1 and Clause 2, Clause 3 Article 7 are amended as follows:

“1. Markets invested in or supported by capital for construction according to Clause 3 of this Decree are assigned by People's Committees of competent authorities to subjects to organize business operations, exploitation, and management of activities at the market in accordance with the following provisions:

a) For newly constructed markets, transfer or organize bidding to select enterprises or cooperatives to operate, exploit, and manage the market. Enterprises or cooperatives operating, exploiting, and managing the market shall act in accordance with Article 9 of Decree No. 02/2003/NĐ-CP dated January 14, 2003, issued by the Government.

c) For markets located in rural, mountainous, remote, border, and island areas, transfer to enterprises or cooperatives meeting the conditions stipulated by the provincial People's Committee to organize operations, exploitation, and management.

2. For markets supported by the State for construction with capital contributions from business households, cooperatives, enterprises under various economic sectors, and other organizations and individuals, the competent People's Committee shall base on the degree and proportion of capital contribution to select the subject operating, exploiting, and managing the market (market management board, enterprise, cooperative, or establish a joint-stock company in accordance with the law).

3. Markets invested in and constructed by organizations, individuals, business households, cooperatives, and enterprises under various economic sectors shall be operated, exploited, and managed by those organizations, individuals, business households, cooperatives, and enterprises in the form of enterprises or cooperatives in accordance with the law and the provisions regarding market operations, exploitation, and management set forth in Article 9 of Decree No. 02/2003/NĐ-CP dated January 14, 2003, issued by the Government.

7. Supplement Points g, h, and i to Clause 1 of Article 14 as follows:

“1. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors:

g) Develop and submit to the Prime Minister for approval the Market Development Program for each period and guide and direct its implementation.

h) Develop or adjust the planning for the development of the market system nationwide;

i) Guide and direct the provincial People's Committees to develop or adjust the planning for the development of the market system, and promulgate specific regulations on market development, management, and exploitation in accordance with local conditions.”

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

“2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Industry and Trade, and relevant ministries and sectors:

a) Examine and consolidate the annual investment construction plans for markets of provinces and centrally-administered cities to allocate central budget support for market construction in accordance with this Decree; submit to the Prime Minister for approval in accordance with current regulations;

b) Guide the implementation of policies supporting capital investment in market construction from the state budget and incentives and preferential policies for organizations and individuals participating in market construction in accordance with this Decree.”

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

“3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Planning and Investment, and relevant ministries and sectors:

a) Guide the financial mechanism applicable to market management boards, enterprises, and cooperatives operating and managing markets;

b) Guide the financial mechanism applicable to the conversion of market management boards (for markets invested in or supported by the State) to enterprises or cooperatives operating and managing markets.”

10. Amend Clause 4 and supplement Clauses 5, 6, 7, 8, and 9 of Article 14 as follows:

“4. The Ministry of Home Affairs:

Shall take the lead and coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Planning and Investment, and relevant ministries and sectors to guide the regime for civil servants and employees under the State’s establishment when transferring from market management boards to enterprises or cooperatives operating and managing markets.

5. Ministry of Construction:

Shall take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and relevant ministries and sectors to develop or amend and supplement regulations on standards and designs for various types and levels of markets.

6. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Rural Development, and relevant ministries and sectors:

a) Guide and direct the provincial People's Committees to prepare land use planning, reserve land funds, and use land for market construction;

b) Guide and direct the provincial People's Committees in environmental sanitation work at markets.

7. The Ministry of Health:

Shall take the lead and coordinate with the Ministry of Industry and Trade and relevant ministries and sectors to guide and direct the provincial People's Committees in food safety work at markets.

8. The Ministry of Public Security:

Shall take the lead and coordinate with relevant ministries and sectors to guide and direct the provincial People's Committees in fire prevention and firefighting work at markets.

9. The Vietnam Union of Cooperatives:

Shall take the lead and coordinate with the Ministry of Industry and Trade and relevant ministries and sectors to disseminate and popularize laws, policies, and effective cooperative models for market development and management within the collective economy sector.”

11. Supplement Points e, g, h, and i to Clause 1 of Article 15 as follows:

“e) Issue mechanisms, policies, and solutions to mobilize and exploit local resources, especially production and business entities and people in the locality, to develop the market network;

g) Direct the preparation and approval of annual market construction investment plans in line with national and local market development plans; proactively allocate local budget funds for market construction in accordance with this Decree, while using central government market construction support funds effectively and for their intended purposes;

h) Direct the preparation and approval of plans to convert level 1 market management boards invested in or supported by the State for construction into enterprises or cooperatives operating and managing markets;

j) Direct, inspect, and audit the implementation of laws and policies on market development and management; implement measures to improve the operational efficiency of markets in the province.”

12. Supplement Point c and d to Clause 2 and amend Clause 3 of Article 15 as follows:

“c) Direct the preparation and approval of plans to convert level 2 and level 3 market management boards invested in or supported by the State for construction into enterprises or cooperatives operating and managing markets;

d) Organize inspections and audits of the implementation of laws and policies on market development and management; simultaneously implement measures to improve the operational efficiency of markets in the district.”

3. The People's Committee at the commune level shall be responsible for managing and implementing plans to transform management boards or management groups of third-tier markets into enterprises or business cooperatives managing markets that have been approved by competent authorities; coordinating with provincial and district-level agencies in managing first-tier and second-tier markets within their jurisdiction.

13. Amended terms:

- The term "Ministry of Industry and Trade" replaces the term "Ministry of Commerce";

- The term "People's Committee at the provincial level" replaces the term "Provincial People's Committee";

- The term "People's Committee at the district level" replaces the term "District People's Committee";

- The term "People's Committee at the commune level" replaces the term "Commune or Ward People's Committee";

- The term "market tier" replaces the term "market type";

- The term "tiered market" replaces the term "type of market".

Article 2. Effectiveness

This Decree takes effect from February 15, 2010.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.