Nghị định 39/2007/NĐ-CP về cá nhân hoạt động thương mại một cách độc lập, thường xuyên không phải đăng ký kinh doanh

DECREE

On individuals who independently and regularly conduct commercial activities without having to make business registration

___________________________

THE GOVERNMENT

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

Pursuant to the Commercial Law dated June 14, 2005;

At the proposal of the Minister of Trade,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the business scope of individuals who independently and regularly conduct commercial activities without having to make business registration and the responsibilities of state management agencies for activities of these subjects.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. Individuals who independently and regularly conduct commercial activities without having to make business registration (hereinafter referred to as individuals conducting commercial activities).

2. Other organizations and individuals related to commercial activities of individuals conducting commercial activities.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Individuals conducting commercial activities mean individuals who daily do one, several or all of activities permitted by law in terms of buying and selling goods, providing services and other activities for profits without having to make business registration according to the law on business registration and not be called as "trader" according to the Commercial Law. Specifically, this includes individuals conducting the following commercial activities:

a) Street trading means buying and selling activities without a fixed location (street buying, peddling or both peddling and buying), including receiving books, newspapers, magazines, and cultural products of traders who are allowed to sell these products according to the law for peddling;

b) Petty trading means the activity of buying and selling small items with or without a fixed location;

c) Selling snacks means the activity of selling snacks, food, and drinks with or without a fixed location;

d) Freight trading means the activity of buying goods from other places in each trip to sell to wholesalers or retailers;

dd) Providing services: shoe shining, lottery ticket sales, lock repair, car repair, car parking, car washing, hair cutting, painting, photography and other services with or without a fixed location;

e) Independent, regular commercial activities do not require other business registration.

2. Mobile business means commercial activities without the fixed location.

Article 4. Application of relevant law

Commercial activities of individuals conducting commercial activities shall comply with this Decree, commercial laws applicable to traders and relevant laws.

Chapter 2.

SCOPE OF ACTIVITIES OF INDIVIDUALS CONDUCTING COMMERCIAL ACTIVITIES

Article 5. Scope of goods and business services of individuals conducting commercial activities

1. Individuals conducting commercial activities shall be allowed to trade in goods and services according to the provisions of law, except for the following goods and services:

a) Goods and services on the List of goods and services banned from business according to the provisions of law;

b) Smuggled goods, counterfeit goods, goods of unknown origin, goods beyond their expiration date, goods that do not ensure food hygiene and safety conditions according to the provisions of law; goods that do not ensure quality, including lost quality goods, poor quality goods, contaminated goods and disease-infected animals and plants;

c) Goods and services under list of goods and services subject to business restriction in accordance with law.

2. In case of trading in goods and services on the List of goods and services subject to conditional business, individuals conducting commercial activities shall comply with the provisions of law related to the trading of these goods and services.

3. Individuals conducting commercial activities shall comply with laws on taxes, prices, charges and fees related to goods and business services. In case of food business and catering services, individuals conducting commercial activities shall ensure all conditions prescribed by law on food hygiene and safety for the business of these goods and services.

4. It is strictly forbidden for individuals to conduct in fraudulent commercial activities in weighing, measuring, counting and providing false or misleading information about the quality of goods, services or the nature of the activities commercial that they conduct.

Article 6. Scope of business location of individuals conducting commercial activities

1. Unless otherwise prescribed by law, individuals shall be strictly prohibited from conducting commercial activities in the following areas, routes, and locations:

a) Areas belonging to ranked historical and cultural relics and other scenic spots;

b) Areas of state agencies, diplomatic agencies, international organizations;

c) Areas within the safety belt of ammunition and explosive materials warehouses, ammunition and explosive materials factories, and barracks of the Vietnam People's Army;

d) Areas of airports, seaports, international border gates, train platforms, train stations, bus stations, ferry terminals and on means of transportation;

dd) Areas of schools, hospitals, religious and belief facilities;

e) Temporary stopping and parking places for vehicles participating in circulation, including roads and waterways;

g) The roadway including: the entrance and exit to the apartment complex or dormitory area; alley; sidewalks, roadbeds, sidewalks of urban roads, district roads, provincial roads and national highways for people and vehicles participating in traffic, except for areas, routes or sections of road sidewalks planned or permitted by a competent authority for temporary use to conduct commercial activities;

h) Routes and areas (including tourist areas) shall be regulated by People's Committees of the provinces or centrally-run cities (referred to as provincial-level People's Committees) or by agencies authorized by provincial-level People's Committees to regulate and have signs prohibiting individuals conducting commercial activities;

i) The area under the use rights of an organization or individual, although not an area, route, or location prohibited from being used as a business location according to the provisions from Points a to h Clause 1 of this Article, without the consent of that organization or individual or that area has a sign prohibiting individuals from conducted in commercial activities.

2. Individuals conducting commercial activities shall be strictly prohibited from illegally appropriating and arbitrarily constructing and installing facilities, equipment, and tools to conduct commercial activities and displaying goods at any location on traffic roads and public places, entrances, exits or any other area that obstructs traffic, causes inconvenience to the community and detracts from the general aesthetics.

3. In case of conducting commercial activities in areas, routes or sidewalks planned or permitted for temporary use by competent state agencies, in addition to complying with this Decree, individuals conducting commercial activities shall ensure compliance with such planning and permission.

4. Individuals conducting commercial activities shall comply with lawful orders of public officials in case they are required to move goods; vehicles, equipment, and tools to conduct commercial activities to avoid obstructing or blocking traffic in emergencies or for security reasons and other social activities according to the provisions of law.

Article 7. Ensuring security, order, hygiene and safety in activities of individuals conducting commercial activities

1. In commercial activities, individuals conducting commercial activities shall comply with the provisions of law on ensuring security, order and social safety (including regulations on implementing a civilized lifestyle), disease prevention and environmental hygiene, fire prevention and fighting, natural disaster prevention and control and transportation. Individuals shall be strictly prohibited from conducting in commercial activities:

a) Conducting illegal commercial activities or in a disorderly manner that adversely affects the environment, health, safety and general welfare of the community;

b) Using electronic means to conduct commercial activities and trade-related activities that violate consumer interests, infringe intellectual property rights or affect information security rights of individuals.

2. When doing mobile business, individuals conducting commercial activities shall place and keep vehicles, equipment, sales tools and goods neat and orderly. There shall be appropriate trash and waste containers. Individuals conducting commercial activities shall be strictly prohibited from performing the following acts in mobile business activities:

a) Clinging to, coercing, manipulating, competing with, causing trouble to guests and having rude or impolite words or gestures towards guests;

b) Gathering in large numbers or using loudspeakers, gongs, drums, whistles, trumpets and other sound-enhancing means to promote or advertise mobile business activities without making a commitment with the local government where these activities are conducted regarding proper use and ensuring social order and safety;

c) Peddling or advertising for mobile services causes noise in public places and affects the general quiet during the period from 10pm to 5am the next morning;

d) Printing, drawing, writing on the wall; hanging (erecting) flags, banners, panels, posters, signs, and advertising signs against the law, not in accordance with good customs and traditions, and adversely affecting the general aesthetics;

dd) Using means of transportation, equipment, and tools to conduct commercial activities that do not ensure technical, safety, and hygiene standards, negatively affecting the general aesthetics;

e) Dumping waste and defecating indiscriminately; throwing away or moving vehicles, equipment, tools for conducting commercial activities, packaging and other packaging and containers, paper, garbage, goods, fats, animal fats and objects into roads, rivers, sewers or any other area that pollutes the environment, obstructs circulation, and causes inconvenience to the community;

g) Cooking, sleeping, resting on the roadside for people and vehicles participating in traffic; walkways and landings of apartment stairs; bus stop; places where cultural, entertainment, and public entertainment activities adversely affect the general aesthetics and social order and safety;

h) Missing children, the disabled to conduct commercial activities.

Chapter 3

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

FOR ACTIVITIES OF INDIVIDUALS CONDUCTING COMMERCIAL ACTIVITIES

Article 8. Responsibilities of commune-level People's Committees in state management of individuals conducting commercial activities

Assigning the People's Committees of communes, wards and towns (referred to as commune-level People's Committees) to be responsible for directly managing commercial activities of individuals conducting commercial activities in the area according to this Decree and relevant laws. Specifically includes the following tasks:

1. To prepare a book to monitor individuals conducting commercial activities in the management area (including individuals conducting commercial activities residing in the area and individuals in other places who regularly visit the area of commercial activity management) and the situation of activities and compliance with the law of these subjects.

2. To propagate and disseminate guidelines, policies and relevant legal regulations on management of individuals conducting commercial activities to direct implementers, managers and all people in the area.

3. To coordinate closely with management agencies, organizations and individuals with authority and responsibility in managing individuals conducting commercial activities in the area.

4. To implement plannings, plans and assign responsibilities for managing specific commercial activities of individuals conducting commercial activities in the area according to the guidance and decentralization of superior state management agencies.

5. To publicly and widely announce areas, routes, and locations that prohibit or allow individuals to conduct commercial activities.

6. To deploy solutions to organize commercial activities and appropriate management forms, ensuring normal operations of areas, routes, and locations prohibiting or allowing individuals to conduct commercial activities; ensure security and safety for legal activities of individuals conducting commercial activities in the management area.

7. To implement organizational and management solutions to ensure that individuals conducting commercial activities comply with the regulations on the scope of activities specified in this Decree; do not arbitrarily arrange and allow individuals to conduct commercial activities in prohibited areas, routes, and locations according to the provisions of this Decree.

8. To implement legal regulations on taxes, charges and fees for individuals conducted commercial activities in the management area.

9. To inspect and handle violations of law by individuals conducting commercial activities according to authority.

10. To periodically or irregularly synthesize and report at the request of superior state management agencies on the development, organization, management and activities of individuals conducting commercial activities in the area and make recommendations of problems related to the management of these subjects' activities.

Article 9. Responsibilities of ministries, branches and provincial and district-level People's Committees in state management of individuals conducting commercial activities

1. Ministries and branches, within the scope of their tasks and powers, shall be responsible for specifically guiding the implementation of state management of commercial activities of individuals conducting commercial activities according to this Decree.

2. The Ministry of Trade shall be responsible for monitoring and supervising the implementation of this Decree.

3. The provincial-level People's Committees; People's Committees of districts, towns, or provincial cities (referred to as district-level People's Committees) shall implement state management of commercial activities of individuals conducting commercial activities in the locality according to the guidance and decentralization from superior state management agencies. Specifically including the following tasks:

a) To direct, guide, urge and inspect lower-level People's Committees in implementing regulations on management of commercial activities of individuals conducting commercial activities in the area;

b) To build plannings and plans, assign responsibilities, and decentralize the management of commercial activities of individuals conducting commercial activities in the area;

c) To promptly provide solutions to organize commercial activities and appropriate management forms; ensure the normal operation of areas, routes, and locations that prohibit or allow individuals to conduct commercial activities;

d) To handle violations of the law by individuals conducting commercial activities beyond the authority of lower-level People's Committees;

e) To periodically or irregularly synthesize and report at the request of superior state management agencies on the development, organization, management and activities of individuals conducting commercial activities in the locality; make recommendations of problems related to the management of these subjects' activities.

4. Provincial-level People's Committees or agencies authorized by provincial-level People's Committees shall prescribe the time and direct the installation of signs prohibiting individuals conducting commercial activities in areas and routes according to Point h Clause 1 Article 6 of this Decree.

5. Provincial-level People’s Committees shall specify planning and allow individuals to temporarily use areas, routes and sidewalks in the area to conduct in commercial activities in accordance with actual local conditions, but shall not affect traffic order and safety.

Chapter 4

HANDLING OF VIOLATIONS AND

IMPLEMENTATION PROVISIONS

Article 10. Handling of violations

1. Individuals conducting commercial activities who violate the provisions of this Decree will, depending on the nature and severity of the violation, be administratively handled or prosecuted for criminal liability. If causing damage, compensation shall be made according to the provisions of law.

2. Cadres and civil servants who take advantage of their positions and powers to violate the provisions of this Decree and relevant laws shall, depending on the nature and severity of their violations, be disciplined and fined administrative violations or criminal prosecution. If causing damage, compensation shall be made according to the provisions of law.

Article 11. Effect

This Decree takes effect 15 days after its publication in the Official Gazette.

Article 12. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities shall implement this Decree.