Decree No. 94/2017/ND-CP on goods, services, and areas implementing state monopoly in commercial activities

DECREE

On goods, services, areas implementing state monopoly in commercial activities

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Competition Law dated December 3, 2004;

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on Management and Use of State Capital for Investment in Production and Business at Enterprises dated November 26, 2014;

Pursuant to the Enterprise Law dated November 26, 2014;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree on goods, services, areas implementing state monopoly in commercial activities,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the implementation of state monopoly in commercial activities including:

1. Principles for implementing state monopoly commercial activities.

2. List of goods, services, areas implementing state monopoly commercial activities.

3. Responsibilities of subjects implementing state monopoly commercial activities.

4. Responsibilities of state management agencies in inspecting and supervising subjects implementing state monopoly commercial activities.

Article 2. Applicability

This Decree applies to state agencies, organizations, individuals implementing state monopoly commercial activities and other organizations, individuals related thereto.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

State monopoly in commercial activities (state monopoly commercial activities) refers to commercial activities that can only be carried out by state agencies with the right to implement or by organizations, individuals assigned by the state to carry out such activities.

Chapter II

IMPLEMENTATION OF STATE MONOPOLY IN COMMERCIAL ACTIVITIES

Article 4. Principles for implementing state monopoly in commercial activities

1. State monopoly shall only be implemented in commercial activities concerning essential goods and services where the state needs to have a monopoly relating to national defense, security, or ensuring national interests, and where other economic sectors lack the desire or capability to participate.

2. State agencies with the authority to implement state monopoly in commercial activities shall do so through direct implementation or by designating organizations or individuals to carry out such activities. Designation must be decided in writing by the head of the competent state agency.

3. State monopoly commercial activities must be conducted under the supervision of state management agencies in accordance with the law.

4. Ministries, ministerial-level agencies, and local authorities at all levels shall not specify commercial activities, goods, services, or areas implementing state monopoly commercial activities. For goods, services, and areas serving national defense and security purposes, state monopoly commercial activities shall be implemented according to guidelines provided by the Minister of National Defense and the Minister of Public Security.

Article 5. List of goods, services, areas implementing state monopoly in commercial activities

1. Attached to this Decree is the List of goods, services, areas implementing state monopoly in commercial activities (hereinafter referred to as the List).

2. The List specifies particular goods, services subject to state monopoly and corresponding state monopoly commercial activities.

Article 6. Mechanism for amending, supplementing, and abolishing goods, services, areas included in the List

1. Goods, services, areas included in the List may be amended, supplemented, or abolished based on the examination of state management requirements proposed by ministries, ministerial-level agencies, or provincial People's Committees, or according to written requests reflecting the need and capability of enterprises from all economic sectors to participate in commercial activities concerning state-monopoly goods and services listed in the List.

2. Ministries, ministerial-level agencies are responsible for examining proposals from enterprises from all economic sectors to assess their ability to meet investment and business conditions, national defense and security conditions, national interest conditions, and other relevant legal conditions.

3. The Ministry of Industry and Trade is responsible for receiving, compiling proposals, and coordinating with relevant ministries, ministerial-level agencies to examine and evaluate proposals, reporting to the Government to decide on amending and supplementing the List.

4. The procedures, steps, and formalities for proposing, submitting amendments, supplements, and the process of amending and supplementing the List shall be carried out in accordance with the law on legislative drafting for cases of amending and supplementing Government Decrees.

Article 7. Responsibilities of Subjects Directly Implementing State Monopolies

The subjects directly implementing state monopolies shall have the following responsibilities:

1. Organizations, individuals, and state agencies engaged in commercial activities in the field of state monopoly shall be subject to control measures by competent state authorities in accordance with competition laws, price laws, and related laws.

2. State agencies conducting national reserve activities must comply with the provisions of the Law on National Reserves.

3. The use of state capital by state-owned enterprises for trading goods and services listed in the Catalogue must comply with the laws governing the management and use of state capital.

Article 8. Responsibilities of State Agencies Managing Subjects Directly Implementing State Monopoly Commercial Activities

State agencies managing subjects directly implementing state monopoly commercial activities shall have the responsibility to inspect and supervise state monopoly commercial activities of these subjects as follows:

1. Fulfill the responsibilities of the owner of state capital assigned in accordance with the Law on Management and Use of State Capital for Production and Business of Enterprises and the Enterprise Law.

2. Implement monitoring, inspection, and reporting systems regarding the implementation of strategies, plans; objectives, tasks assigned to organizations and individuals in accordance with the law.

3. Comply with the provisions of Clause 2, 3, 4 of Article 6 and Article 15 of the Competition Law.

4. Ministries, ministerial-level agencies, and provincial People's Committees shall be responsible for reviewing the Catalogue and submitting proposals for amendments and supplements to the Ministry of Industry and Trade for consolidation and reporting to the Government.

Chapter III

IMPLEMENTATION

Article 9. Effective Date

This Decree takes effect from October 1, 2017.

Article 10. Responsibility for Implementation

1. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, ministerial-level agencies, and provincial People's Committees to inspect the implementation of the provisions of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees, and related organizations and individuals shall be responsible for enforcing this Decree./.

LIST

GOODS AND SERVICES IMPLEMENTING STATE MONOPOLIES IN COMMERCIAL ACTIVITIES 

(Annexed to Decree No. 94/2017/NĐ-CP dated August 10, 2017 of the Government)