Decision No. 772/2003/QD-BTM On issuing the Model Market Regulations

Pursuant to …;

OF THE MINISTER OF TRADE

Regarding the issuance of model market regulations

________________

THE MINISTER OF TRADE

Pursuant to the Government Decree No. 95/CP dated December 4, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

After reaching consensus with the Ministry of Home Affairs (Circular No. 1717/BNV-TCBC of the Ministry of Home Affairs dated July 25, 2003), the Ministry of Trade guides the functions, tasks, powers, and organization of Market Management Boards as follows:

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

DECISION:

Article 1. This Decision promulgates the Model Market Regulations to be uniformly applied to all markets within the scope regulated by the Government Decree No. 02/2003/NĐ-CP dated January 14, 2003 on the development and management of markets.

Article 2. The People's Committees of provinces and centrally governed cities shall have the responsibility to specify the provisions of the Model Market Regulations to suit the actual conditions of their localities and to direct the implementation thereof.

Article 3. Units responsible for managing, operating, and exploiting markets, traders conducting business at markets, persons coming to markets for purchasing, selling, transacting, sightseeing, and performing official duties must strictly comply with the provisions of the Market Regulations.

Article 4. This Decision shall take effect fifteen days from the date of publication in the Official Gazette of the Government.

Article 5. The Chairpersons of the People's Committees of provinces and centrally governed cities and the Directors of the Departments of Trade/Trade and Tourism (Tourism - Trade) shall be responsible for implementing this Decision.

MODEL MARKET REGULATIONS

(Issued together with Decision No. 0772/2003/QĐ-BTM dated June 24, 2003 of the Minister of Trade)
Direct supervisory authority name

To ensure the safe, civilized, and effective operation of the... (name of market)... market, staff members managing the market, traders, and persons coming to the market for purchasing, selling, transacting, sightseeing, and performing official duties must strictly adhere to the following regulations:

Operating hours of the market^(*)1. The market opens from... hours... minutes to... hours... minutes daily (special announcements will be made for holidays, Tet, and other public holidays).

Article 1. 2. All individuals must comply with the specified opening and closing times of the market each day. The operating hours of each trading point (including stalls, shops, kiosks, etc.) within the market must align with the overall operating hours of the market.

3. Outside the specified hours, individuals without designated tasks may not enter or remain in the market. Any trading household wishing to enter the market must obtain permission from the person in charge of the managing and operating unit and be supervised by security personnel during their shift.

Rights and obligations of traders conducting business at the market ^(*).

1. Traders conducting business at the market

Article 2. are protected in all lawful rights within the scope of business at the market; are provided clear guidance and information regarding state regulations related to the issues; are allowed to participate in social organizations established by the managing and operating unit; can propose suggestions to the managing and operating unit regarding measures for organizing and managing the market; can lodge complaints and reports against organizations, individuals (including staff members of the managing and operating unit) who violate laws and market regulations to the managing and operating unit and/or competent state authorities.

2. Provisions for regular and fixed traders at the market: ^(*) 2.1. Must sign a contract for using a trading point or a lease contract for a trading point at the market with the managing and operating unit. Must fulfill all commitments stipulated in the contract. May not transfer or change the business owner without completing the transfer procedures as prescribed. Strictly prohibited from using the trading point for purposes other than those stated in the contract, such as lodging, eating, and other living activities like a household. May not exchange sales locations or allow others to conduct business at their trading points.

2.2. Must hold a Business Registration Certificate issued by the competent registration authority and conduct business according to the contents recorded in the Business Registration Certificate. For goods and industries requiring a Business License, they must possess a Business License; for goods and industries subject to conditions, they must meet the required conditions or hold a Certificate of Eligibility for Business. Any changes to the registered business content must be carried out in accordance with the relevant laws on business registration.

The trade activities of traders must be consistent with the scope of goods and industries operated by the market.

2.3. Must be the person named on the Business Registration Certificate and the contract for using or leasing a trading point; if employing laborers, they must register a list of employees with the managing and operating unit. The person named on the business registration must bear full responsibility for their own actions and the actions of the employees listed in the registration with the managing and operating unit at the trading point.^(*)2.4. Must pay all types of rent and usage fees for trading points (rent for premises, commission), market taxes and fees (collected through the managing and operating unit) as well as fulfill other obligations as stipulated in the signed contracts and legal regulations.

2.5. When temporarily ceasing operations, they must notify the managing and operating unit and post the cessation period at the trading point. If ceasing operations for more than... ( )... days or permanently discontinuing operations, they must submit a notice to the managing and operating unit and tax authority at least... ( )... days in advance (or from... to... of the month), while settling all outstanding taxes, rent, fees, and charges before the cessation request is confirmed.

3. For occasional traders ^(*).

entering the market to sell goods must pay market fees (buying entrance tickets or paying commission) based on the quantity and type of goods brought into the market and follow the arrangement of the managing and operating unit, strictly abide by the Market Regulations, and may not conduct business in areas reserved for fixed sellers; may not arbitrarily transport or store materials in the market, set up tents, erect fences, stakes, or string wires haphazardly... affecting the aesthetics and overall planning of the market. ^(*).

4. Some general provisions for traders conducting business at the market: ^(*) those engaging in sales within the market must pay market fees (purchase market entry tickets or pay stall fees) according to the quantity and type of goods brought into the market and comply with the arrangement by the market management unit, strictly adhere to the Market Regulations, and may not conduct business in areas designated for fixed sellers; they shall not arbitrarily transport or store materials in the market, set up tents or stalls, erect fences or stakes, string ropes haphazardly... which would affect the aesthetics and overall planning of the market.

4. Certain general provisions for traders conducting business at the market:

4.1. Shall strictly comply with all relevant state regulations concerning business activities. Shall not engage in price gouging, market manipulation, speculation, smuggling, predatory pricing... which cause instability in trading at the market and affect consumer interests...

4.2. When there is a need to use electricity, water, telecommunications services..., shall register and obtain the consent of the market management and operation unit before installation and use, and must pay full fees, implement conservation measures, and ensure safety in accordance with regulations.

4.3. Has the right and responsibility to supervise the collection of fees by staff of the market management and operation unit, and upon payment, shall receive a receipt or invoice in accordance with regulations.

4.4. Shall create favorable conditions for staff of the market management and operation unit, and state agencies to perform their duties and inspections within their authority; prepare and be ready to present relevant documents, receipts... related to business registration, leasing, using business premises, tax payments, fees, and charges when requested.

4.5. Shall periodically and on demand report on business operations... as required by the market management and operation unit and/or state management agencies.

Article 3. Regulations on goods and services traded at the market

1. Goods and services traded at the market (including those brought into, used, or stored at the market) shall not be items prohibited by law from being traded and shall not include the following types:

1.1. Goods containing radioactive substances and ionizing radiation equipment

1.2. Explosive materials, flammable liquids such as gasoline (except kerosene for lighting), liquefied petroleum gas (LPG), compressed gases.

1.3. Plant protection chemicals listed under restricted trade categories

1.4. Hazardous chemicals listed under conditional trade categories

2. Shall not trade in counterfeit, fake, smuggled, stolen goods, goods of unknown origin, expired goods, substandard goods (quality-degraded goods, low-quality goods, toxic goods, diseased animals and plants), goods causing environmental pollution, goods not complying with labeling regulations. Merchants and occasional traders at the market shall be responsible for the quantity, quality, and origin of goods and services sold. In cases of trading in by-products, substandard goods, or used goods, permission from competent authorities is required, and the quality status must be clearly marked on each item traded.

3. Goods traded at the market shall be neatly arranged according to product categories and groups, taking into account fire prevention and disaster resistance requirements; shall not be placed close together if they adversely affect each other... ensuring aesthetic appearance and commercial civility as guided by the market management and operation unit.

Article 4. Regulations for persons coming to transact, purchase, tour, and perform official duties at the market

1. All persons coming to the market for transactions, purchases, tours, or official duties shall comply with the Market Rules and relevant laws.

2. Persons purchasing goods and services at the market have the right to buy or not buy goods and services; refuse any form of coercion by traders; check labels, prices, and quality of goods, weigh, measure, and count goods intended to purchase or already purchased; request sellers to provide legal invoices and warranty papers if necessary; provide feedback on the conduct and service attitude of sellers and staff of the market management and operation unit.

3. Persons coming to the market for tours and/or purchases of goods and services do not have to pay entry fees but must fulfill the obligation to pay for goods and services purchased at the market fully and on time as agreed.

4. State agency staff entering the market to perform tasks must notify and present identification and relevant documents related to their duties to the market management and operation unit.

Article 5. Regulations for market management staff ^(*)

1. Strictly adhere to the Party's policies, state laws, and unit regulations; perform assigned functions and responsibilities accurately, maintain proper conduct, and display courteous and humble attitudes during communication and work resolution. Provide thorough guidance to everyone in the market to understand and comply with the Market Rules and state laws.

2. Shall promptly resolve complaints from merchants and persons coming to the market for transactions, purchases, tours, or official duties within their authority; report promptly to the head of the market management and operation unit or authorized person about matters exceeding their authority or resolved matters.

3. Collect rent for business premises usage (rental fees), various fees, and charges as prescribed, and must use prescribed receipts and tickets.

4. Prohibit any negative behavior, fraud, harassment that impedes lawful business activities at the market. Shall not consume alcohol, beer, or other stimulants while performing duties.

5. Regularly inspect and urge merchants to strictly follow the Market Rules, fire prevention and firefighting regulations, security and public order, environmental sanitation, food safety, rental fee, tax, and various fee payments within the market area; promptly detect and prevent crimes and social evils occurring within the market area.

6. If the matter to be resolved with merchants or persons coming to the market is complex and requires significant time, they shall invite the parties to the management and operation unit's office for resolution to avoid disrupting the market's overall business activities.

Article 6. Regulations for ensuring fire prevention and firefighting, disaster prevention ^(*)

1. Everyone has the responsibility and must strictly comply with laws on fire prevention and firefighting (PCCC), disaster prevention; follow the allocation and mobilization of the market management and operation unit in case of incidents; strictly prohibit any actions exploiting fires or disasters to infringe upon state, collective, and citizen property.

2. Strictly prohibit buying, selling, storing, transporting, using flammable and explosive substances, materials, tools within the market; do not set up altars, burn incense (joss sticks), burn agarwood; light candles, burn paper money, burn other types of paper documents, materials...; do not cook (including using gas stoves, electric stoves for cooking), fumigate, use open flames, and do not use ironing boards at business points or within the market. ^(*).

3. Areas permitted to use cooking stoves (such as food stalls) and ironing boards (such as clothing shops, laundry shops) within the market must ensure absolute safety regarding fire prevention and control and electrical safety; cooking stoves must be smoke-free and not cause environmental pollution; when ceasing business operations, all cooking stoves must be completely extinguished; must disconnect irons, electric stoves from power sources... ^(*), must disconnect irons, electric stoves from power sources...

4. Do not hang goods, display goods in safe corridors, electrical wire systems, electrical equipment, fire barriers (underground, overhead), encroach on pathways, escape routes, entrances, exits.

5. Must comply with electrical safety regulations. ^(*), only use electrical devices and materials approved by the market management-exploitation unit and/or listed in the contract... strictly prohibit using self-made electrical devices and materials (such as using aluminum foil or unsuitable metal wires to replace broken fuses, faulty starters...), or arbitrarily repair, add electrical wires, sockets, switches (install electrical panels), electrical consumption devices... beyond the existing design; prohibit using electricity for cooking...; do not bring other power sources and generators into the market area without permission. In case a business household needs to use electricity for specialized machines or increase power usage already specified in the contract, they must register and obtain permission from the market management-exploitation unit before use. Conduct regular electrical safety checks at business points; do not use damaged electrical devices and materials that are unsafe. When there is a power outage or cessation of sales, all electrical consumption devices (disconnect circuit breakers, electrical switches...) at business points must be disconnected from power sources, ensuring true safety before leaving.

6. Each fixed business household in the market must equip themselves with 1 to 2 standard fire extinguishers to ensure timely firefighting; when expired or ineffective, new fire extinguishers must be replaced. ^(*).

7. Fire and explosion warning signs, escape route signs, danger warning signs... must be maintained and preserved, not damaged, not arbitrarily dismantled, moved, or used for other purposes; do not obstruct firefighting equipment and tools with goods or obstacles.

8. The market's fire prevention and disaster prevention department is responsible for inspecting and urging business households to comply with fire prevention and disaster prevention regulations. In case of incidents, they must take the initiative to handle them, immediately report to the market management-exploitation unit leadership, the Fire Prevention and Control Police, and local disaster prevention agencies, while organizing the mobilization of everyone to participate in rescue efforts, minimizing losses caused by fires, explosions, and disasters.

9. Merchants, market management staff must regularly check and assess fire prevention and control safety conditions at their business points and workplaces. If any abnormal signs appear, they must immediately report to the responsible person of the market management-exploitation unit for prompt handling. In case of fire or explosion incidents, they must remain calm, sound the alarm, and promptly report to the responsible person of the market management-exploitation unit or the Fire Prevention and Control Police at 114, while everyone must actively use firefighting equipment to extinguish and mitigate fires, quickly evacuate people and property from the affected areas. If fires or explosions occur due to non-compliance with fire prevention and control regulations, disaster prevention measures... the violators will bear legal responsibility.

Article 7. Provisions for Ensuring Security and Order in Markets

1. Everyone must protect and maintain social order and security, political stability within the market. Prohibit any behavior causing disorder within the market.

1.1. Do not organize or participate in: gambling, lottery, rotating savings and credit associations, betting, fundraising for fraud, theft; fortune-telling under any form of superstition; do not sell or disseminate reactionary, obscene cultural products.

1.2. Do not spread rumors or listen to idle talk in any form; do not organize unhealthy games arbitrarily; do not drink alcohol to intoxication, fight, or engage in violent behavior that disrupts security and order within the market. In case of disputes that cannot be resolved through self-mediation, immediately report to the responsible person of the market management-exploitation unit for resolution.

1.3. People suffering from infectious diseases who do not apply preventive measures, those who are intoxicated from alcohol, and those with mental illness are prohibited from entering the market.

2. Everyone must be aware of protecting public property; personally safeguard their own money, goods, and assets; be vigilant against theft, have a sense of responsibility in participating in crime prevention and social evils (drug injection, inhalation, use of narcotics...) within the market; have a sense of responsibility in identifying and reporting to the market management-exploitation unit about violations of Market Regulations and laws within the market...

3. Business activities of goods and services within the market must not generate excessive noise detrimental to human health and the common activities of the market. Do not use loudspeakers or broadcasting equipment to advertise goods and services. Do not play loud music that disrupts order...

4. Everyone entering and exiting the market must follow designated gates and within specified times; must park bicycles, motorcycles, and other transportation vehicles in designated areas. ^(*).

5. Service forces entering the market must be authorized and comply with the regulations of the market management-exploitation unit.

6. Do not carry bulky goods affecting common activities within the market area. Do not arbitrarily hold markets outside the market area and in front of gates, on main roads leading to the market, causing traffic congestion and affecting activities within the market area.

7. For transportation vehicles and cargo handling equipment entering and exiting the market, loading and unloading goods within the market must comply with the guidance and arrangement of the market management and operation unit and must pay fees as prescribed. ^(*).

8. During the operating hours of the market, business households are responsible for protecting their own goods and utensils. Goods and utensils left overnight must be contracted with the market management and operation unit. On the day before the market closes, traders must carefully check their goods and utensils at their trading points. Before leaving, they must store their goods and utensils in secure storage containers (boxes, chests...) or private warehouses with locks, seals, and hand them over to the market security force. Do not leave money or valuable items overnight. When the market opens, traders returning to trade must carefully examine the previous seals; if any unusual signs (such as signs of seal tampering, lock picking, or theft of goods and utensils) are found, they must preserve the scene and immediately report to the market management and operation unit for appropriate measures. ^(*).

9. The market security force on duty is responsible for ensuring the safety of goods left at the market as handed over by traders and according to signed contracts.

Article 8. Provisions on environmental sanitation and food safety assurance

1. All persons working or moving within the market area must maintain general cleanliness, refrain from defecating, littering (dumping) garbage, spilling water, waste, dead animals, substandard goods, spoiled food randomly within the market area.

2. Do not bring dirty objects or animals into the market stalls, except those kept in cages for sale. Do not store objects causing pollution, unsanitary conditions, or disease carriers within the market area.

3. Each trading point (or sector) must equip its own trash container; daily before closing or packing up, the trading point must be thoroughly cleaned; disposing of trash, waste, and personal hygiene must be done in designated areas.

4. Participate in general cleaning activities as scheduled by the market management and operation unit. ^(*).

5. Trading points selling food and beverages must ensure cleanliness and comply with state regulations on quarantine and food safety: they must have covered food display cabinets, specialized equipment for food preservation, and sealed trash containers; daily trash disposal is required; clean water must be used for cooking, soaking, and washing food and utensils; utensils must be clean and regularly sanitized; clean packaging must be used for customer goods; thorough cleaning of display areas before and after sales must be conducted.^(*)

6. Strictly prohibit traders (including helpers) from engaging in business when self-discovered or discovered to be suffering from infectious diseases as defined by health authorities.

Article 9. Requirements for building a civilized commercial market ^(*)

1. Maintain and promote national traditions, implement commercial civility; dress neatly and courteously; be polite and amiable in interactions and dealings with customers and others; adhere to the slogan: "Welcome customers with joy, send them away satisfied."

2. Engage in fair buying and selling, be honest in business, do not inflate prices; do not compete for customers, do not force sales or purchases, do not coerce (do not pressure customers or prices), deceive (cheat) buyers, do not sell fake goods as genuine, which undermines customer trust, disrupts order, or causes disputes in transactions. Price tags for goods and services must be clearly displayed at the trading location; sell and collect payment according to the posted price. Price postings must be clear and not confuse customers, and must be truthful.

3. Measuring instruments used in the market must meet standards and be calibrated as prescribed by law; measuring instruments must be placed at the sales point so that buyers can easily observe the weighing, pricing, and receipt process. Accurate weighing, measuring, and counting must be performed. ^(*).

4. Do not arbitrarily modify, expand, or dig up the market floor, altering and damaging the structural engineering and equipment of the market. Fire protection systems, electricity, water, communication cables, etc., must be maintained and preserved according to regulations, and shall not be moved, removed, erased, etc. If there is a need for renovation, repair, replacement, installation, etc., a contract must be signed or written consent obtained from the market management and operation unit.

5. The design of counters, booths, kiosks, shops, signs, advertisements, etc., within the market must comply with the provisions of the market management and operation unit and not violate relevant laws. Do not hang, hook, or paste banners, posters, product service advertisements that obstruct vision and passage within the market. Counters, booths, kiosks, shops must prominently display the trader's name, address, and business registration number according to a unified model provided by the market management and operation unit.

6. Strictly abide by the layout and arrangement plans for business sectors set by the market management and operation unit. Do not randomly place goods and packaging beyond the permitted trading area; do not occupy public spaces, areas, and passages within the market; do not obstruct movement and traffic within the market; do not scribble or litter boxes and packaging on top of counters, booths, kiosks, shops, etc., affecting the market aesthetics.

7. Implement unity and mutual assistance within the industry and among neighboring business households.

Article 10. Requirements for organizing and participating in cultural and social activities at the market

1. Regular and fixed traders at the market, market management staff have the right and obligation to participate in competitive movements, cultural, social, and charitable activities organized and initiated by the state, local government, and the market management and operation unit within the market.

2. Market management staff and regular and fixed traders at the market have the responsibility to fully participate in meetings organized by the market management and operation unit, industry sectors, and mass organizations within the market.

3. Issues that require participation and comments... individuals may meet directly with the person responsible for the market management - exploitation unit on... weekly... or submit their opinions in writing through suggestion boxes placed at...

4. The market management - exploitation unit shall be responsible for promptly informing traders and other individuals about and implementing the Party's policies, State laws related thereto... (through the market's public address system, organizing direct meetings to disseminate information or sending documents to those concerned).

Article 11. Provisions on handling violations at the market ^(*)

1. Market management officers and staff, regular and fixed traders, occasional traders, buyers, sellers, visitors, and those performing official duties within the market and/or the Market Regulations, if they violate the law and/or the Market Regulations, depending on the nature and severity of the violation, will be subject to legal sanctions (administrative penalties, if serious, will be prosecuted under the law) or handled according to the provisions of the Market Regulations.

2. Handling violations of the law within the market

2.1. For acts violating national laws, the market management - exploitation unit shall be responsible for preparing records and transferring them to competent state agencies for examination and handling in accordance with the procedures prescribed by law. In cases where prohibited goods, smuggled goods, counterfeit goods, substandard food safety products, etc., are discovered within the market, the market management - exploitation unit has the authority to prepare temporary detention records (or seal on-site) within 24 hours, while immediately contacting competent state agencies for inspection and handling in accordance with the law.

2.2. In cases where violations cause damage to the interests of the State, the market management - exploitation unit, as well as the interests of other organizations and individuals, compensation for damages must be made in accordance with the law.

3. Handling violations of the Market Regulations

Violators of the Market Regulations, depending on the nature and severity of the violation, shall be subject to one of the following forms of handling (expressed in writing, with or without public announcement):

3.1. For traders operating in the market.

3.1.1. Criticism, applicable in the case of a first-time violation of one of the provisions listed in Clauses or Points 3 of Article 1, Points 4.4 and 4.5 Clause 4 of Article 2, Clause 3 of Article 3, Clause 3 of Article 4, Clauses 6, 7, and 9 of Article 6, Point 1.2 Clause 1, Clauses 2, 3, 4, and 6 of Article 7, Article 8, Clauses 2, 3, 5, 6, and 7 of Article 9, Clauses 1 and 2 of Article 10.

3.1.2. Warning, applicable in the case of:

3.1.2.1. A first repeat offense for violations listed in Point 3.1.1 of this Clause;

3.1.2.2. A first-time violation of one of the provisions listed in Clauses or Points 2 (except Point 2.2), Points 4.1 and 4.2 Clause 4 of Article 2, Clauses 1 and 2 of Article 3, Clauses 1, 2, 3, 4, and 5 of Article 6; Point 1.1 Clause 1 of Article 7, Clause 4 of Article 9;

3.1.2.3. Failure to implement corrective measures and/or compensate for damages when sanctioned according to the law.

3.1.3. Suspension of business operations for up to seven days at the leased or used trading point, applicable in cases of repeat offenses for violations listed in Point 3.1.2 of this Clause.

3.1.4. Termination of the lease agreement and recovery of the trading point, applicable in the following cases:

3.1.4.1. Violation of the contract to the extent that it requires termination as stipulated in the contract;

3.1.4.2. Having been suspended from business operations at the trading point four times or more, or for twenty days or more in a year.

3.2. For individuals conducting transactions, buying, and selling at the market (including occasional traders), visitors, and those performing official duties at the market:

3.2.1. Criticism, applicable in the case of:

3.2.1.1. A first-time violation of one of the provisions listed as applied to traders in Point 3.1.1;

3.2.1.2. A first-time violation of one of the provisions listed in Clause 3 of Article 2 (specifically applicable to occasional traders).

3.2.2. Warning, applicable in the case of:

3.2.2.1. A first-time violation of one of the provisions listed as applied to traders in Point 3.1.2 of this Clause;

3.2.2.2. Repeat offense for violations listed in Point 3.2.1 of this Clause.

3.3. For market management officers and staff.

3.3.1. Criticism, applicable in the case of:

3.3.1.1. A first-time violation of one of the provisions listed as applied to traders in Point 3.1.1 of this Clause.

3.3.1.2. A first-time violation of one of the provisions listed in Clauses 1, 2 Clause 5 and Clause 6 of Article 5, Clause 4 of Article 10.

3.3.2. Warning, applicable in the case of:

3.3.2.1. A first-time violation of one of the provisions listed as applied to traders in Point 3.1.2 of this Clause;

3.3.2.2. A first-time violation of one of the provisions listed in Clauses 3 and 4 of Article 5, Clause 8 of Article 6, Clause 9 of Article 7;

3.3.2.3. Repeat offense for violations listed in Point 3.3.1 of this Clause.

3.3.3. Dismissal, applicable in the case of:

3.3.3.1. Repeat offense for violations listed in Point 3.3.2 of this Clause;

3.3.3.2. Other violations (as provided in the Market Regulations or Work Regulations of the market management - exploitation unit).

4. Forms of handling applicable to violators and/or non-compliance with the Market Regulations.

3.4.1. Being recorded by the market management - exploitation unit and referred to competent state agencies for administrative penalties (such as warnings, fines; confiscation of evidence and means used in the violation; revocation of business licenses and professional certificates; and/or implementation of corrective measures...) if the handling of Market Regulation violations exceeds the authority of the market management - exploitation unit.

3.4.2. Not being allowed entry into the market premises (if deemed likely to pose a danger to security, order, and safety of persons and property within the market premises).

3.4.3. Shall not enter the market to carry out activities such as goods delivery and receipt, enforcement of public duties, or provision of services... and shall bear full responsibility if they fail to comply with relevant regulations stipulated in the Market Rules.

3.4.4. In addition, violators may be required to take one or more measures to remedy the consequences caused by violating the Market Rules (such as restoring the original state that was altered or implementing other remedial measures) and/or compensate for losses arising therefrom in accordance with the provisions of the law.

4. Competence to handle violations of the Market Rules

The head of the market management and exploitation unit has the authority to:

4.1. Decide on the application of forms and measures to handle violations of the Market Rules as prescribed in Clause 3 of this Article;

4.2. Decide whether to publicly announce or not, the form and scope of the announcement regarding the handling of violations of the Market Rules;

4.3. Direct the preparation and signing of the record to transfer to the competent state agency for examination and handling of acts of violation of laws within the market and violations of the Market Rules exceeding the authority of the market management and exploitation unit.

Article 12. Other Provisions

Upon proposal by the market management and exploitation unit and approval by the local government according to the分级授权 ^(*)

Article 13. Implementation

1. This Regulation shall take effect from the date it is approved by the People's Committee (of the province, city, or district according to the分级授权

2. This entire Regulation shall be disseminated to all business operators, regular workers, and individuals who frequently conduct transactions, buy, sell, tour, enforce public duties... within the market. A summary of the main points of the Regulation shall be publicly posted in a clear manner within the market area. ^(*).

3. In addition to strictly complying with the Market Rules and current legal regulations, occasional traders, visitors conducting transactions, buying, selling, touring, enforcing public duties... must also follow the guidance of the staff of the market management and exploitation unit.

(*). See attached appendix

ANNEX

(Attached to the Model Regulation on Markets)

1. Explanation of Terms

1.1. The market management and exploitation unit refers generally to the Market Management Board, various types of enterprises (including cooperatives) engaged in market exploitation and management, or other forms of market management organizations (such as market management teams...).

1.2. Market management staff refers to the staff of the market management and exploitation unit.

1.3. Business traders operating in the market refer to traders (under the Commercial Law) who have contracts for the use or rental of trading points in the market with the market management and exploitation unit and regularly conduct business within the market area.

1.4. Occasional traders operating in the market refer to those engaged in small-scale production for self-consumption (farmers, artisans...) and small-scale traders, street vendors, snack sellers within the market area.

1.5. Market area: refers to the planned area designated for market activities, including the space for arranging trading points, service areas (such as parking lots, warehouses, dining and entertainment areas, and other services) and the surrounding roads of the market.

2. Some provisions and guidelines may be studied and supplemented when drafting the Market Rules.

2.1. Operating hours of the market (Article 1)

Depending on the characteristics of each locality and type of business organization..., different opening and closing times for the market can be specified according to winter and summer seasons; specify nighttime operating hours for wholesale industries (wholesale) or for hotels, restaurants, areas, shops, kiosks... within the market area; or specify the hours for transportation vehicles, loading and unloading, and movement allowed to enter and operate within the market.

2.2. Rights and obligations of business traders operating in the market (Article 2)

Those who do not need to register their business but regularly engage in business within the market area must register the nature of their business with the market management and exploitation unit and be subject to arrangement and inspection by the market management and exploitation unit.

Specific time periods for payment of rent, usage fees for trading points (rental fees), taxes, fees, and market charges (such as environmental sanitation fees, security fees, water and electricity fees) can be stipulated directly in the Market Rules.

2.3. Provisions on goods and services traded in the market (Article 3)

Specific items as detailed in the "List of Goods Prohibited from Circulation and Commercial Services Prohibited from Implementation; Restricted Goods and Services and Goods and Services Subject to Conditions" issued together with Decision No. 0088/2000/QĐ-BTM dated January 18, 2000, of the Minister of Commerce.

Depending on the market (such as wholesale markets, first-class markets, border markets...), additional provisions on purchasing insurance for goods traded within the market area may be made...

2.4. Provisions for market management staff (Article 5)

Depending on the characteristics of each locality, provisions on equipment and mandatory wearing of badges, name tags (name plates), uniforms... for market management and exploitation unit staff while performing their duties may be made.

2.5. Provisions on ensuring fire safety and disaster prevention (Article 6)

It is recommended to study and apply the "Standard for Fire Prevention and Extinguishing in Markets and Shopping Centers - Safety Requirements in Operation" (standard TCN 58 - 1997) issued together with Decision No. 0487-TM-KHKT dated June 25, 1997, of the Minister of Commerce to formulate appropriate provisions in this Article.

For markets with gold traders, it may be stipulated that each trader may only use up to... (1/4)... liters of gasoline for testing gold, and upon ceasing sales, must remove it from the market.

If smoking is permitted within the market area... then it should be noted that smoking and discarding cigarette butts in designated places must be done, and cigarette butts must be extinguished before being discarded...

For markets already equipped with electric lighting, it may be stipulated that oil lamps and candles shall not be lit...; in places without electricity or during power outages, only battery-powered lights or flashlights may be used for illumination, and if oil lamps are allowed to be lit, sold, and stored, specific regulations must be established (refer to standard TCN 58-1997).

Depending on the specific characteristics of each locality..., it may be prescribed that each household selling food with cooking facilities must regularly store a minimum amount of water (approximately 20 liters) near the cooking area for firefighting purposes.

Depending on the market, it may only be required that households selling flammable goods equip fire extinguishers themselves, and the quantity and type of fire extinguishers must be clearly specified. For type 3 markets in rural areas that operate only once a day..., households may not be required to equip fire extinguishers themselves, but the market management unit must have plans and provide common firefighting equipment to promptly address emergencies.

For markets that do not use electricity, the Market Regulations should omit provisions related to the use and safety of electricity.

For type 1 and type 2 markets, specific regulations regarding firefighting work must be established in addition to the main points in the general Market Regulations.

2.6. Provisions on Ensuring Security and Order at Markets (Article 7)

For markets allowing vehicles to enter, it must be clearly stipulated that engines must be turned off and vehicles parked... Depending on the specific characteristics of each market, it may only be required that during peak hours, vehicles are not allowed to enter the market, or only certain types of vehicles such as trucks are prohibited while bicycles and motorcycles are permitted.

To avoid congestion and impact on the overall operation of the market, specific timeframes for entry and exit of transportation vehicles and loading/unloading activities can be set outside peak hours when there is heavy traffic; or it may be required that vehicles transporting goods into the market quickly unload and leave; or it may be stipulated that goods brought into the market for sale must be delivered before the market opens (For wholesale markets, the market management unit must establish specific regulations for this situation).

Depending on the specific characteristics of each market, for some goods displayed on counters or stalls, traders may only need to carefully package them and hand them over to security personnel before leaving...

Regarding goods and items stored overnight, it may only be necessary to specify briefly that all matters related to overnight storage of goods and items must comply with the provisions of the overnight storage contract.

Depending on the market, to ensure safety and have grounds for resolving disputes, specific regulations may need to be established regarding the "locking, sealing of counters, stalls, boxes... and the handover procedures between business households and sector groups with market security personnel."

For type 1 and type 2 markets, specific regulations regarding market security and order, as well as internal rules, must be established.

2.7. Provisions on Ensuring Environmental Sanitation and Food Safety (Article 8)

It is recommended to study and apply Circular No. 18/1999/TT-BTM dated May 19, 1999 of the Ministry of Trade "Guidelines for Conditions of Operating Restaurants and Casual Dining Establishments" to stipulate the conditions and hygiene requirements for traders operating food businesses within the market scope in accordance with applicable regulations.

Depending on the market, if the market management unit arranges communal trash bins near trading points, it may not be necessary to require each business household to equip their own waste containers. It may be stipulated that waste disposal occurs at a concentrated time or when garbage collection vehicles arrive... Additionally, the weekly cleaning schedule can be clearly stated in the Market Regulations...

2.8. Requirements for Building Civilized Trade Markets (Article 9)

Depending on the type of market, it may be required to have standard measuring tools (managed by the market management unit) placed in convenient locations for customers to self-check...

Localities may issue "Agreements on Building Civilized Markets" applicable to all markets.

2.9. Provisions on Handling Violations at Markets (Article 11)

Localities need to specifically study the Administrative Violation Handling Ordinance and current guiding documents on handling administrative violations in fields related to market operations to formulate appropriate regulations on handling violations of Market Regulations in accordance with local conditions and the specific characteristics of each market without contravening national laws.

2.10. Other Provisions (Article 12)

Regarding rewards: Organizations and individuals who have achievements in complying with market regulations, ensuring timely payment of rental fees, various fees, and other contributions; promptly identifying criminals, illegal traders, or those contributing to the detection and prevention of violations of Market Regulations; setting a good example and actively participating in market movements, demonstrating a sense of responsibility in contributing to the development of the market, shall be rewarded in a timely manner according to state regulations.

3. Application of Specific Market Regulations

This model regulation applies to all types of markets. When formulating specific Market Regulations, localities may omit or supplement new provisions if deemed necessary, but they must fully reflect the main contents of the Market Regulations as stipulated in Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on Developing and Managing Markets, and must not contravene current laws, while also structuring the articles and clauses appropriately to suit local realities.