Chương 3 Nghị định 39/2007/NĐ-CP: Trách nhiệm của cơ quan quản lý nhà nước đối với hoạt động của cá nhân hoạt động thương mại

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.