Chương 2 Nghị định 39/2007/NĐ-CP: Phạm vi hoạt động của cá nhân hoạt động thương mại

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.