Decision No. 1371/2004/QD-BTM On the Issuance of Regulations for Supermarkets and Shopping Centers

Pursuant to …;

Regarding the issuance of the Supermarket and Shopping Center Regulations

THE MINISTER OF TRADE

Pursuant to the Government Decree No. 29/2004/NĐ-CP dated January 16, 2004 on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to the Prime Minister's Directive No. 13/2004/CT-TTg dated March 31, 2004 on implementing key measures to vigorously develop the domestic market;

To gradually standardize for planning development, construction management, and business operations of modern commercial organizations to meet economic and social development requirements and consumer needs;

At the proposal of the Director of the Domestic Market Policy Department,

DECISION:

Article 1. The attached Decision issues the Supermarket and Shopping Center Regulations.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. All previous regulations concerning Supermarkets and Shopping Centers that conflict with the regulations issued herein are hereby abolished.

Article 4. Chairmen of Provincial People's Committees under the Central Government, Directors of Commerce Departments; Heads of relevant Departments and Bureaus under the Ministry of Trade are responsible for enforcing this Decision.

 

REGULATIONS

SUPERMARKETS AND SHOPPING CENTERS

(Issued together with Decision No. 1371/2004/QĐ-BTM
dated September 24, 2004 of the Minister of Trade)

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation and Applicability

These Regulations stipulate standards and management of Supermarket and Shopping Center activities, applicable to traders operating Supermarket and Shopping Center formats.

Article 2. Interpretation of Terms

Some terms in these Regulations are understood as follows:

1. Supermarket is a modern retail format; engaging in general or specialized trade; having a diverse range of goods ensuring quality; meeting standards regarding business area, technical equipment, and management and business organization levels; providing civilized and convenient service methods to satisfy customers' shopping needs.

2. Shopping Center is a modern multi-functional trading organization, comprising a combination of various retail formats, service facilities; conference halls, meeting rooms, rental offices... arranged centrally and continuously within one or several adjacent architectural structures; meeting standards regarding business area, technical equipment, and management and business organization levels; providing civilized and convenient service methods to meet traders' business development needs and customers' demands for goods and services.

3. Business area refers to the floor space (including walkways) of each level of the building used for arranging Supermarket and Shopping Center business activities.

4. Product name is the designation of a product item or specific model name or symbol within a product category to distinguish it from other specific models within the same category.

5. Supermarket or Shopping Center trader is a trader organizing and managing the operation of a supermarket or shopping center.

 

PART II

STANDARDS FOR SUPERMARKETS, SHOPPING CENTERS, AND GOODS AND SERVICES SOLD THEREIN

Article 3. Supermarket Standards

A facility shall be called a Supermarket and classified according to its Supermarket grade if it meets the appropriate business location criteria in the provincial or municipal trade network development plan and has a scale and business organization level that meet the basic standards of one of the three Supermarket grades specified below:

1. Grade I Supermarket:

1.1. Applicable to General Supermarkets:

1.1.1. Having a business area of 5,000 square meters or more;

1.1.2. Offering a product catalog of 20,000 items or more;

1.1.3. Architectural works constructed solidly, aesthetically pleasing, with advanced and modern design and technical equipment, ensuring fire prevention, environmental hygiene, safety, and convenience for all customer groups; providing parking areas and customer restrooms suitable for the scale of the Supermarket;

1.1.4. Equipped with advanced and modern warehouse and technical equipment for storage, processing, packaging, selling, payment, and business management;

1.1.5. Organizing and arranging goods by industry and group in a civilized and scientific manner to facilitate customer selection, shopping, and payment; providing personal luggage storage areas; offering dining, entertainment, disabled assistance, children's services, home delivery, online sales, postal, and telephone sales.

1.2. Applicable to Specialized Supermarkets: the standard 1.1.1 is 1,000 square meters or more; the standard 1.1.2 is 2,000 items or more; other standards are the same as those for General Supermarkets.

2. Grade II Supermarket:

2.1. Applicable to General Supermarkets:

2.1.1. Having a business area of 2,000 square meters or more;

2.1.2. Offering a product catalog of 10,000 items or more;

2.1.3. Architectural works constructed solidly, aesthetically pleasing, with modern design and technical equipment, ensuring fire prevention, environmental hygiene, safety, and convenience for customers; providing parking areas and customer restrooms suitable for the scale of the Supermarket;

2.1.4. Equipped with modern warehouse and technical equipment for storage, packaging, selling, payment, and business management;

2.1.5. Organizing and arranging goods by industry and group in a civilized and scientific manner to facilitate customer selection, shopping, and payment; providing personal luggage storage areas; offering dining, entertainment, disabled assistance, children's services, home delivery, and postal and telephone sales.

2.2. Applicable to Specialized Supermarkets: the standard 2.1.1 is 500 square meters or more; the standard 2.1.2 is 1,000 items or more; other standards are the same as those for General Supermarkets.

3. Grade III Supermarket:

3.1. Applicable to General Supermarkets:

3.1.1. Having a business area of 500 square meters or more;

3.1.2. Offering a product catalog of 4,000 items or more;

3.1.3. The architectural works are constructed solidly, with design and technical equipment ensuring fire prevention and fighting, environmental hygiene, safety, and convenience for customers; there is appropriate parking space and customer restroom facilities in accordance with the scale of the supermarket's business operations.

3.1.4. There are warehouses and modern technical equipment for storage, packaging, sales, payment, and business management.

3.1.5. Goods are organized and arranged by industry and group in a civilized and scientific manner to facilitate customer selection, shopping, and quick payment; there are places to store personal luggage, services for people with disabilities, and home delivery services.

3.2. For specialized supermarkets: standard 3.1.1 is from 250 square meters upwards; standard 3.1.2 is from 500 product items upwards; other standards are the same as those for general supermarkets.

Article 4. Standards for Shopping Centers

A commercial trading facility shall be recognized as a Shopping Center and classified according to the three levels of Shopping Center if it meets the development planning requirements for the commercial network of the province or city and has a scale and level of business organization that meet the basic standards of one of the three levels of Shopping Center as specified below:

1. Level I Shopping Center:

1.1. Has a business area of 50,000 square meters or more and a parking area suitable for the scale of the Shopping Center's business operations.

1.2. Architectural works are constructed solidly, with high aesthetic value, advanced and modern design and technical equipment ensuring fire prevention and fighting, environmental hygiene, security, safety, and convenience for all participants in business activities within the area.

1.3. Engages in multifunctional activities including both goods trading and various service types, including: areas for arranging wholesale and retail stores; restaurants, hotels; areas for organizing trade fairs and exhibitions to showcase products; areas for entertainment activities, office rental, conference halls, meeting rooms for organizing domestic and international conferences, negotiations, and signing trade contracts; areas for financial, banking, insurance, postal and telecommunications, information technology, consulting, investment brokerage, and tourism activities.

2. Level II Shopping Center:

2.1. Has a business area of 30,000 square meters or more and a parking area suitable for the scale of the Shopping Center's business operations.

2.2. Architectural works are constructed solidly, with aesthetic value, advanced and modern design and technical equipment ensuring fire prevention and fighting, environmental hygiene, security, safety, and convenience for all participants in business activities within the area.

2.3. Engages in multifunctional activities including both goods trading and various service types, including: areas for arranging wholesale and retail stores; restaurants, hotels; areas for showcasing products; areas for entertainment activities, office rental, conference halls, meeting rooms for organizing domestic and international conferences, negotiations, and signing trade contracts; areas for financial, banking, insurance, postal and telecommunications, consulting, investment brokerage, and tourism activities.

3. Level III Shopping Center:

3.1. Has a business area of 10,000 square meters or more and a parking area suitable for the scale of the Shopping Center's business operations.

3.2. Architectural works are constructed solidly, with modern design and technical equipment ensuring fire prevention and fighting, environmental hygiene, security, safety, and convenience for all participants in business activities within the area.

3.3. Engages in multifunctional activities including both goods trading and various service types, including: areas for arranging wholesale and retail stores; areas for showcasing products; areas for dining, entertainment, office rental, meeting rooms for organizing domestic and international conferences, negotiations, and signing trade contracts; areas for consulting, investment brokerage, and tourism activities.

Article 5. Classification, Name, and Signboard of Supermarkets and Shopping Centers

1. Business operators conducting Supermarkets or Shopping Centers shall independently classify their Supermarkets or Shopping Centers based on the criteria set forth in Articles 3 and 4 of this Regulation, subject to guidance and inspection by the Provincial Department of Commerce (hereinafter referred to as the Department of Commerce).

2. Only commercial establishments that meet the criteria stipulated in Article 3 (for Supermarkets) or Article 4 (for Shopping Centers) of this Regulation may be named as Supermarkets or Shopping Centers.

Strictly prohibited are commercial establishments that do not meet the criteria stipulated in this Regulation from naming themselves as Supermarkets or Shopping Centers, or using foreign language names (such as Supermarket, Hypermarket, Big Mart, Big Store, Shopping Center, Trade Center, Plaza, etc.).

3. The signboard of Supermarkets or Shopping Centers must be marked according to the following provisions:

3.1. It must be written in Vietnamese as SIÊU THỊ or TRUNG TÂM THƯƠNG MẠI before the business name or specific name self-designated by the business operator and before any terms indicating the location or nature of the Supermarket or Shopping Center (Example: Supermarket A, Supermarket B Books, Supermarket C Computers; Shopping Center D...).

3.2. If written additionally in a foreign language, the font size must be smaller than the Vietnamese name and placed below or after the Vietnamese name.

3.3. The name of the business operator conducting the Supermarket or Shopping Center, address, phone number, and classification of the Supermarket or Shopping Center must be clearly marked.

Article 6. Construction of Supermarkets and Shopping Centers

1. The investor constructing new or significantly renovating, transforming, upgrading Supermarkets and Shopping Centers must establish a project in accordance with current regulations on investment construction management. The location for constructing Supermarkets and Shopping Centers must be consistent with the local planning for the development of the commercial network.

2. When establishing a project to construct Supermarkets and Shopping Centers, the investor must base it on the basic criteria for classifying Supermarkets and Shopping Centers in this regulation to determine the appropriate scale of investment for each category of Supermarket and Shopping Center.

Article 7. Goods and Services Conducted at Supermarkets and Shopping Centers

1. Goods and services conducted at Supermarkets and Shopping Centers must comply with legal regulations and meet the following specific requirements:

1.1. They must have a specific trade name or the trade name of the Supermarket or Shopping Center (if goods or services do not have a specific trade name, they must have a product name or service name) and must clearly indicate the origin of the goods in accordance with legal regulations.

1.2. They must have a barcode for those types of goods that can be registered with a barcode to facilitate management by the Supermarket or Shopping Center and customer supervision.

1.3. For food products, they must meet hygiene and safety standards and clearly indicate the expiration date on the packaging. If they are fresh agricultural products or processed foods without pre-packaged containers, they must be selected, sorted, and clearly marked with origin, quality, and expiration date at the price tag or counter.

1.4. All types of goods and services conducted at Supermarkets and Shopping Centers must have their selling prices clearly displayed on the product label, packaging, or posted at the price tag, counter, or service point.

1.5. Goods under warranty must clearly indicate the warranty period and location.

1.6. Sources of goods must be supplied stably and regularly through orders or contracts with manufacturers and traders.

2. The following types of goods and services shall not be conducted at Supermarkets and Shopping Centers:

2.1. Goods and services listed in the Prohibited Business Catalogue as prescribed by law; smuggled goods, counterfeit goods, goods of unknown origin, expired goods, and goods that do not meet quality standards as prescribed by law such as deteriorated goods, substandard goods, toxic goods, and diseased animals and plants...

2.2. Goods that do not comply with labeling regulations, import tax stamps, and special consumption tax stamps.

2.3. Goods containing radioactive substances or equipment emitting ionizing radiation exceeding permissible levels as prescribed.

2.4. Explosive materials; flammable and explosive liquids and gases (such as gasoline, gas, compressed gas...).

2.5. Veterinary drugs and plant protection chemicals restricted for sale as prescribed by law.

2.6. Goods containing harmful chemicals restricted for sale as prescribed by law.

 

CHAPTER III

SUPERMARKET AND SHOPPING CENTER OPERATIONS MANAGEMENT

 

Article 8. Responsibilities of Business Operators Engaging in Supermarket and Shopping Center Operations

1. Organizations or individuals engaging in Supermarket or Shopping Center operations must be enterprises registered to conduct commercial activities in accordance with the provisions of the law. A Supermarket or Shopping Center may be an independent enterprise or a unit under an enterprise registered to conduct commercial activities.

2. Business operators engaging in Supermarket and Shopping Center operations must organize, manage, and direct their activities and bear legal responsibility for all activities of the Supermarket and Shopping Center; regularly or at any time report on the operation situation of the Supermarket and Shopping Center according to the requirements and guidance of state management agencies on commerce.

3. Supermarkets or Shopping Centers must have operational regulations. The operational regulations of Supermarkets or Shopping Centers shall include the following main contents:

3.1. Rights and responsibilities of staff towards customers in Supermarkets and Shopping Centers.

3.2. Rights and obligations of business operators participating in commercial activities at Supermarkets and Shopping Centers.

3.3. Goods and services traded at Supermarkets and Shopping Centers.

3.4. Rights and obligations of customers participating in transactions, purchases, and visits at Supermarkets and Shopping Centers.

3.5. Ensuring order, safety, fire prevention, and environmental hygiene in Supermarkets and Shopping Centers.

3.6. Handling violations and resolving disputes within Supermarkets and Shopping Centers.

4. The operational regulations of Supermarkets or Shopping Centers shall be established by business operators engaging in Supermarket or Shopping Center operations in accordance with the guidelines and approval of the Department of Commerce. A summary of the main points of the Regulations must be clearly recorded and posted in visible locations so that everyone can see and comply.

Article 9. Responsibilities of the Department of Commerce.

The Department of Commerce has the responsibility to coordinate with relevant agencies to assist the People's Committee of the province or city in performing state management functions over Supermarkets and Shopping Centers within the province or city, including the following tasks:

1. Developing planning and plans for the development of Supermarkets and Shopping Centers in line with the planning and plans for commercial development and socio-economic development of the locality, and guiding implementation.

2. Guiding and inspecting business operators engaging in Supermarket and Shopping Center operations to implement standards and classification of Supermarkets and Shopping Centers.

3. Guiding business operators engaging in Supermarket and Shopping Center operations to establish and implement operational regulations of Supermarkets and Shopping Centers; approving the Regulations of Supermarkets and Shopping Centers.

4. Managing the business operations of Supermarkets and Shopping Centers in accordance with this Regulation and other legal provisions.

5. Establishing and guiding the implementation of economic and technical norms, professional standards in the business operations of Supermarkets and Shopping Centers.

6. Directing, guiding, organizing training and upgrading skills in managing and operating Supermarkets and Shopping Centers.

7. Regularly or at any time inspecting the business operations of Supermarkets and Shopping Centers and handling violations in accordance with the law.

8. Regularly or at any time reporting to the Ministry of Commerce on the development, organization, management, and business operations of Supermarkets and Shopping Centers in the locality as required.

 

PART IV

VIOLATION HANDLING AND IMPLEMENTATION ORGANIZATION

 

Article 10. Handling of violations

From the date this Regulation takes effect, organizations or individuals engaging in business operations that commit the following violations will be handled in accordance with the law:

1. Conducting Supermarket or Shopping Center operations without being an enterprise and registering to conduct commercial activities as stipulated in Article 8 of this Regulation.

2. Commercial establishments not meeting the standards of Supermarkets or Shopping Centers as prescribed in this Regulation but still naming themselves or displaying signs as Supermarkets or Shopping Centers.

3. Displaying signs for Supermarkets or Shopping Centers not in accordance with the provisions of Article 5 of this Regulation.

4. Violating the provisions regarding goods and services traded at Supermarkets or Shopping Centers.

5. Not having operational regulations for Supermarkets or Shopping Centers or having regulations that do not conform to the provisions of Article 8 of this Regulation.

6. Other violations as prescribed in this Regulation and related laws.

Article 11. Implementation Organization

The Department of Commerce is responsible for guiding and organizing the specific implementation of this Regulation; during the implementation process, if there are difficulties or obstacles, they must promptly report to the Ministry of Commerce, the People's Committee of the province or city for consideration and resolution./.