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

DECREE

ON INDIVIDUALS DOING TRADE INDEPENDENTLY AND REGULARLY DO NOT HAVE TO REGISTER FOR THEIR BUSINESSES

GOVERNMENT

Pursuant to the Law on organizations of 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 adjustment

This Decree prescribes the business scope of individuals doing trade independently and regularly do not register for their business and liabilities of state management agencies for activities of these subjects.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. Individuals doing trade independently and regularly do not register for their business as prescribed by law on business registration (hereinafter abbreviated to individuals doing trade).

2. Other organizations and individuals related to trade activities of individuals doing trade.

Article 3. Interpretation of terms

In this Decree, some terms are construed as follows:

1. Individuals doing trade mean individuals who everyday themselves conduct one, several or all activities allowed by law on goods purchase and sale, service provision and other activities with purpose of profitability but do not register their business as prescribed by law on business registration and not be called as “trader” as prescribed by the Commercial Law. Particularly including individuals doing the following trade activities:

a) Street trading (trading in public places) means activities of purchase and sale without a fixed location (purchase on street, sale on street or both purchase and sale on street), includes even the receipt of books, news, magazines, cultural products of traders allowed doing business in these products as prescribed by law, for sale on street;

b) Petty trading means purchase and sale of small and odd items with or without a fixed location;

c) Petty-food trading means sale of fruits, cakes, candies, drinks (beverage) with or without a fixed locations;

d) The consignment trading means purchase of goods from other places according to each consignment to sell for wholesalers or retailers;

dd) Providing services: Polishing shoes, selling lottery tickets, repairing key, repairing vehicles, safekeeping for vehicles, washing for vehicles, barber, painting, taking photo and other services with or without fixed locations;

e) Other commercial activities done independently and regularly do not have to register for business.

2. Mobile traders means traders without fixed location.

Article 4. Application of relevant law

The commercial activities of individuals doing trade must comply with provisions of this Decree, the commercial law applicable to traders and relevant law.

Chapter 2.

OPERATIONAL SCOPE OF INDIVIDUALS DOING TRADE

Article 5. Scope of business goods and services of individuals doing trade

1. Individuals doing trade are permitted to do business in goods and services in accordance with law, except for the following goods and services:

a) Goods and services under list of goods and services banned trading in accordance with law;

b) Smuggled goods, counterfeits, goods without origin, goods expired for use, goods not eligible for food hygiene and safety in accordance with law; goods not ensured quality, including goods lost quality, goods with bad quality, goods poisoned and animals and plants getting epidemics;

c) Goods and services under list of goods and services restrained trading in accordance with law.

2. In case of trading in goods and services under list of goods and services of conditional business, individuals doing trade must comply with provisions of law related to trading of these goods and services.

3. Individuals doing trade must observe law on taxes, prices, charges and fees related to the business goods and services. In case of trading in the foods and eating-drinking service, Individuals doing trade must ensure fully conditions as prescribed by law on food hygiene and safety for trading of these goods and services.

4. Strictly prohibit individuals doing trade make fraudulence in weighting, measurement, tally and provision of false information or cause misunderstanding about quality of goods and services or nature of commercial activities performed by them.

Article 6. Scope of business location of individuals doing trade

1. Unless otherwise provided by law, strictly prohibit individuals performing commercial activities at the following zones, roads and locations:

a) Zones in ranked historical relics, cultural areas, and other beauty spots;

b) Zones of state agencies, diplomat agencies, and international organizations;

c) Zones in the safe belt of warehouses containing ammunition, explosives, plants producing ammunition, explosives, and barracks of Vietnam People's Army;

d) Zones of airports, seaports, international border-gates, train stations, harbors, bus station, and ferries and on means of transport;

dd) Schools, hospitals, religion or belief establishments;

e) Places for temporary stopping, parking of means of transport joining traffic, including roads and waterways;

g) Roads including aisles of dormitories or collective apartments; alleys, pavements, roadways, road sides of urban roads, district roads, provincial roads, and national roads serving for people and means joining traffic, except for areas, roads or parts of pavement which have been zoned or allowed using temporarily for performing commercial activities by the competent agencies;

h) Roads, zones (including tourism zones) prescribed and had the boards to prohibit individuals from performing commercial activities by People’s Committees of provinces, central affiliated cities (abbreviated to as the provincial People’s Committees) or agencies authorized by the provincial People’s Committees;

i) Zones under use right of organizations, individuals although these zones are not zones, roads, locations banned using as business location as prescribed from point a thru point h Clause 1 of this Article, but without consensus of those organizations or individuals or those zones have boards banning individuals to perform commercial activities.

2. Strictly prohibit individuals doing trade in illegally appropriating, arbitrarily building, installing facilities, equipment instruments for conducting commercial activities and displaying goods at any location on traffic roads and public places; entrances, emergency exits or any zone that obstructs traffic, causes inconveniences for community and loses general landscape.

3. In case of conducting commercial activities in zones, on roads, or parts of pavement zoned or allowed to use temporarily by competent state agencies, apart from compliance with provisions of this Decree, individuals doing trade must ensure implementation in accordance with the planning and permission.

4. Individuals doing trade must observe the legal orders of persons on duty in case they are requested for moving goods, means, equipment, instruments serving commercial activities in order to not obstruct traffic in urgent cases or due to reason of security and other social operations in accordance with law.

Article 7. Ensuring security, order, hygiene and safety in activities of individuals doing trade

1. In commercial activities, individuals doing trade must abide by provisions of law on ensuring security, order, social safety (including provisions on practicing the civilized lifestyle), hygiene and epidemic prevention, environmental protection, fire fighting and prevention, natural disaster fighting and prevention, and transport. Strictly prohibit individuals doing trade:

a) Performing illegal commercial activities or according to way of disturbing order, influencing badly to environment, healthy, safety and common benefits of community;

b) Using electric means to perform commercial activities and the related-trade activities that breach benefits of consumers, breach the intellectual ownership or influencing right to keep safety of individual information.

2. Mobile traders must put, arrange means of movement, equipment, instruments serving sale of goods, and goods to be clean and order; must have suitable instruments to contain garbage, waste. Individuals are prohibited from performing the following acts during mobile trader's operation:

a) Following up, begging, enticing, scrambling, annoying, bothering customers and having words, gestures rudely or impolitely in respect to customers;

b) Gathering in large numbers or using loudspeakers, gongs, drums, whistles, bugle and other instruments to increasing sound volume to call, propagate, advertise for the mobile trader's operation but not commit with the local authorities where conducting these activities about use properly with purpose and ensure order and social security;

c) Announcing the sale of goods, movable services on street causing noise at public places and influencing the common quiet in duration from 22 o’clock to 5 o’clock of morning of next day;

d) Printing, drawing, writing on walls; hanging (setting up) flags, banners, panels, posters, signs, billboards in contrary to law, inconformity with culture and fine traditions and influencing badly to common landscape;

dd) Using means of transport, equipment, instruments conducting commercial activities not ensuring technical, safety and hygiene standards, influencing badly to the common landscape;

e) Throwing waste, defecating in disorderly way, throwing away or letting means of transport, equipment, instruments serving commercial activities, packages and other packaging equipment, containing tools, papers, garbage, goods, lipid, animal grease and other items on roads, rivers, down sewers or in any zone causing environment pollution, obstructing transport, causing inconvenience for community;

g) Cooking, sleeping, taking a rest on parts of road for people and means joining traffic; entrances, half spaces of stairs in condominiums, bus shelters; places serving public cultural, entertainment activities, influencing badly to the common landscape and order and social security;

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

Chapter 3:

LIABILITIES OF STATE MANAGEMENT AGENCIES FOR ACTIVITIES OF INDIVIDUALS DOING TRADE

Article 8. Liabilities of the communal People’s Committees in state management for individuals doing trade

To assign the People’s Committees of communes, wards and townships (abbreviated to as the communal People’s Committees) in directly managing commercial activities of individuals doing trade in their localities in accordance with provisions of this Decree and relevant law. Specifically, including the following tasks:

1. To make logbook of individuals doing trade in areas under their management (including individuals doing trade residing on their localities and individuals residing in other places but regularly doing trade in localities under their management) and situations of operation and compliance with law of these objects.

2. To propagate, popularize the related guidelines, policies and laws on managing individuals doing commercial activities to subjects directly executing, management cadres and all people in their localities.

3. To strictly coordinate with management agencies, organizations and individuals those have competence and responsibilities in managing individuals doing trade in their localities.

4. To carry out master plans, plans and assign liability of managing specific commercial activities of individuals doing trade in their localities under guide and decentralization of the superior state management agencies.

5. To notify publicly and widely at zones, roads, locations banning or allowing individuals performing commercial activities.

6. To carry out solutions to organize commercial activities and suitable management forms, ensure normal activities of zones, roads, locations banning or allowing individuals performing commercial activities; ensure security, safety for legal activities of individuals doing trade in localities under their management.

7. To perform solutions of organization and management to ensure for individuals doing trade to comply with provisions on operational scope prescribed in this Decree; not arbitrarily arrange and let individuals conducting commercial activities at zones, on roads, locations banned as prescribed in this Decree.

8. To perform provisions of law on taxes, charges and fees applicable to individuals doing trade in localities under their management.

9. To examine, handle violations of individuals doing trade under their competence.

10. Periodically or irregularly sum up and report at the request of the superior state management agencies about development, organization, management and operations of individuals doing trade in their localities and propose matters related to management of activities of these objects.

Article 9. Liabilities of Ministries, Sectors and the provincial and district-level People's Committees in state management for individuals doing trade

1. Ministries and sectors shall, within their tasks and powers, take responsibility for guiding specifically the state management on commercial activities of individuals doing trade as prescribed by this Decree.

2. The Ministry of Trade shall monitor and supervise implementation of this Decree.

3. The provincial People's Committees, People’s Committees of districts, towns, cities under provinces (abbreviated to as the district-level People’s Committees) shall implement state management over commercial activities of individuals doing trade in their localities under guide and decentralization of the superior state management agencies. Specifically, including the following tasks:

a) To direct, guide and urge, examine the inferior People’s Committees in implementation of provisions on managing commercial activities of individuals doing trade in their localities;

b) To formulate master plans and plans, to assign duties, to decentralize management of commercial activities of individuals doing trade in their localities;

c) Timely give out solutions to organize commercial activities and suitable management forms, ensure normal activities of zones, roads, locations banning or allowing individuals performing commercial activities;

d) To handle violations of individuals doing trade, which fall beyond competence of their inferior People’s Committees.

e) Periodically or irregularly sum up and report at the request of the superior state management agencies about development, organization, management and operations of individuals doing trade in their localities and propose matters related to management of activities of these objects.

4. The provincial People’s Committees or agencies authorized by the provincial People’s Committees shall prescribe deadline and direct installation of boards banning individuals conducting commercial activities at zones, on roads as prescribed in point h Clause 1 Article 6 of this Decree.

5. The provincial People’s Committee shall specify the planning and allowing individuals to use temporarily zones, roads and parts of pavement in their localities to conduct commercial activities in conformity with actual conditions of localities but not influencing order and safety of traffic.

Chapter 4:

HANDLING OF VIOLATIONS AND PROVISIONS OF IMPLEMENTATION

Article 10. Handling of violations

1. Individuals doing trade, who conduct acts breaching provisions of this Decree, depend on nature and seriousness of violations, may be handled administrative violation or examined for penal liability; if causing damages, they must pay compensation as prescribed by law.

2. Cadres and civil servants, who conduct acts misusing positions, powers to do contrary to provisions of this Decree and relevant laws, depend on nature and seriousness of violations, may be disciplined, sanctioned administratively or examined for penal liability; if causing damages, they must pay compensation as prescribed by law.

Article 11. Effect

This Decree takes effect 15 days, after date of printing on Public Gazette.

Article 12. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces and central affiliated cities shall implement this Decree.