Nghị định 11/1999/NĐ-CP về hàng hoá cấm lưu thông, dịch vụ thương mại cấm thực hiện, hàng hoá, dịch vụ thương mại hạn chế kinh doanh, kinh doanh có điều kiện

DECREE

ON GOODS BANNED FROM CIRCULATION, COMMERCIAL SERVICES BANNED FROM PROVISION; GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS RESTRICTION OR CONDITIONAL BUSINESS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the Minister of Trade,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree announces the list of goods banned from circulation and commercial services banned from provision; the list of goods and commercial services subject to business restriction; and the list of goods and commercial services subject to conditional business; and stipulates the State management over the goods and commercial services on these lists.

2. Merchants conducting commercial business activities shall have to comply with this Decree’s stipulations on goods banned from circulation, commercial services banned from provision; goods and commercial services subject to business restriction or conditional business.

Article 2.- The list of goods banned from circulation and commercial services banned from provision; the list of goods and commercial services subject to business restriction; and the list of goods and commercial services subject to conditional business.

1. Issued together with this Decree are the following lists:

- List 1: Goods banned from circulation and commercial services banned from provision;

- List 2: Goods and commercial services subject to business restriction;

- List 3: Goods and commercial services subject to conditional business.

2. Basing itself on the production and business situation and the requirements of management over the commercial activities in each period, the Ministry of Trade shall assume the prime responsibility and coordinate with the concerned branch-managing ministries in submitting to the Government for decision the amendments and supplements to the lists specified in Clause 1 of this Article.

3. Within 60 days after the effective date of this Decree, the branch- managing ministries shall base themselves on the management requirements and the lists specified in Clause 1 of this Article to draw up the detailed lists of goods banned from circulation and commercial services banned from provision; and of goods and commercial services subject to business restriction or conditional business, then consult with the Ministry of Trade on such lists so that the latter can synthesize and submit them to the Prime Minister for decision.

4. In cases where it is necessary to amend and/or supplement the detailed lists mentioned in Clause 3 of this Article, the specialized management ministries shall send their written opinions to the Ministry of Trade by November each year so that the latter can synthesize and propose them to the Prime Minister.

Chapter II

THE STATE MANAGEMENT OVER GOODS BANNED FROM CIRCULATION AND COMMERCIAL SERVICES BANNED FROM PROVISION; GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS RESTRICTION OR CONDITIONAL BUSINESS

Article 3.- For the goods banned from circulation and commercial services banned from provision:

1. Vietnamese merchants and foreign merchants operating in Vietnam are strictly forbidden to trade in goods and services which are on the list of goods banned from circulation and commercial services banned from provision.

2. In special cases, the supply of goods items banned from circulation and/or commercial services banned from provision must be permitted by the Prime Minister.

Article 4.- For the goods and commercial services subject to business restriction:

1. The trading in goods and/or the provision of commercial services, which are subject to the special business restriction, shall be conducted only when the business license is granted by the branch-managing ministry under the provisions of this Decree.

2. The Minister of Trade shall prescribe the business conditions and the granting of business licenses for goods and commercial services subject to business restriction specified in Section II of List 2 under the provisions of this Decree.

Article 5.- For goods and commercial services subject to conditional business

1. For goods and services specified in Section I of List 3, the merchants shall be allowed to conduct business only after they register their business and are granted certificates of business qualifications by the competent State management agency(ies) as prescribed in Articles 6 and 7 of this Decree.

2. For goods and commercial services specified in Section II of List 3, the merchants shall be allowed to conduct business only after they register their business and meet all conditions prescribed in Article 6 of this Decree, without having to acquire the certificates of business qualifications.

Article 6.- The conditions for conducting business with goods and/or commercial services on the list of goods and commercial services subject to conditional business

1. The conditions for conducting business with goods and commercial services on the list of goods and commercial services subject to conditional business (List 3):

a) Being merchants;

b) Having material-technical foundations and equipment up to the standards set by the competent State management agencies;

c) Having managerial and technical staff professionally qualified for the intended business lines and trades;

d) Those officials and staff directly engaged in the business activities must meet the health conditions;

e) Meeting requirements on environmental protection, and fire and explosion prevention and combat.

2. The conditions applicable to each specific kind of goods or commercial services subject to conditional business are prescribed in List 2 and List 3, issued together with this Decree.

3. The branch-managing ministers shall specify conditions for conducting business with goods and services defined in List 2 and List 3, issued together with this Decree.

4. In the course of business activities, merchants shall have to constantly ensure the business conditions.

Article 7.- The competence, procedures and order for granting business licenses and business qualification certificates

1. The branch-managing ministries shall grant business licenses for goods and commercial services subject to particular business restriction, (Section I) which are on the list of goods and commercial services subject to business restriction (List 2);

2. The provincial/municipal branch-managing departments shall grant business qualification certificates for goods and commercial services subject to the conditional business (Section I) which are on the list of goods and commercial services subject to the conditional business (List 3).

3. Each dossier applying for business license or business qualification certificate shall comprise:

a) An application for business license or business qualification certificate (made according to the set form).

b) The decision or permit for establishment of the concerned enterprise, issued by the competent agency (valid copy).

c) The documents evidencing that the conditions for business in goods and commercial services are met.

4. The agencies which grant business licenses or business qualification certificates shall have to:

a) Receive the dossiers of application.

b) Inspect the business conditions.

c) Grant business licenses or business qualification certificates (according to the set form) or reply in writing, clearly stating the reasons for refusal to grant the business licenses or business qualification certificates within 15 days after receiving the complete dossiers.

5. Merchants who are granted business licenses or business qualification certificates shall have to pay a fee. The Ministry of Finance shall prescribe the specific fee levels to be uniformly applied throughout the country.

Chapter III

HANDLING OF VIOLATIONS

Article 8.- Handling of violations committed by merchants

Merchants who commit acts of violating this Decree’s provisions shall, depending on the seriousness of their violations, be administratively sanctioned or examined for penal liability according to law.

Article 9.- Handling of violations committed by State officials and employees

State officials and employees who abuse their positions and powers or fail to strictly comply with this Decree’s provisions shall, depending on the seriousness of their violations, be disciplined, administratively handled or examined to penal liability according to law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10.- Effect

1. This Decree takes effect 15 days after its signing.

2. Stipulations on goods and services banned from business as specified in Appendix 1, and those subject to conditional business, as specified in Appendix 2, except for Points 7, 8, 18 and 22 thereof, which were issued together with Decree No.02/CP of January 5, 1995 of the Government stipulating the goods and services banned from commercial business and those subject to the conditional commercial business on the domestic market shall be no longer effective.

3. Within 60 days after the effective date of this Decree, the ministers and the heads of the branch-managing agencies shall, within their respective functions, have to issue documents guiding the implementation of this Decree after consulting the Minister of Trade.

LIST 1

GOODS BANNED FROM CIRCULATION AND COMMERCIAL SERVICES BANNED FROM PROVISION
(Issued together with Decree No.11/1999/ND-CP of March 3, 1999 of the Government)

ORDINAL GOODS BANNED FROM CIRCULATION AND AGENCIES ISSUING REGULATIONS AND NUMBER COMMERCIAL SERVICES BANNED FROM PROVISION PROVIDING DETAILED GUIDANCE 1 2 3

1. Weapons, ammunition, military equipment The Ministry of Defense
and special-use technical facilities of The Ministry of Public Security
the armed forces

2. Narcotics The Ministry of Health

3. A number of chemicals with high toxicity The Ministry of Science, Technology and Environment

The Ministry of Industry

4. Exhibits from historical or cultural relics, The Ministry of Culture and Information
or museums

5. Reactionary, depraved or superstitious cultural The Ministry of Culture and Information,
products or those harmful to personality the Ministry of Public Security
education

6. Cigarettes made in foreign countries The Ministry of Trade

7. Fire crackers of all kinds The Ministry of Trade

8. Prophylactic and medicinal drugs of various The Ministry of Health and
kinds for man and domestic animals, plant the Ministry of Agriculture and Rural
protection drugs and medical equipment and Development
instruments, which have not yet been permitted
for use in Vietnam

9. Wild plants and animals which are on the list The Ministry of Agriculture and Rural
provided for by the International Convention Development
which Vietnam has signed and other precious
and rare animals or plants that must be protected

10. Some children toys which are harmful to the The Ministry of Education and Training,
children’s personality and health education or the Ministry of Culture and Information
to the social security, order and safety and the Ministry of Public Security

LIST 2

GOODS AND COMMERCIAL SERVICES SUBJECT TO BUSINESS RESTRICTION
(Issued together with Decree No.11/1999/ND-CP of March 3, 1999 of the Government)

GOODS AND SERVICES CONDITIONS THAT MUST BE MET AGENCIES ISSUING REGULATIONS AND (ACCORDING TO ARTICLE 6) PROVIDING DETAILED GUIDANCE

I. GOODS SUBJECT TO PARTICULAR BUSINESS RESTRICTION

1. Goods containing radioactive a, b, c, d, e The Ministry of Science,
substances and devices Technology and Environment
emitting ionized radiation

2. Explosive materials

a) For industrial use a, b, c, d, e The Ministry of Industry

b) For national defense and a, b, c, d, e The Ministry of Defense and security purposes the Ministry of Public Security

3. The plant protection drugs a, b, c, d, e The Ministry of Agriculture
restricted from use and Rural Development
in Vietnam

II. GOODS SUBJECT TO BUSINESS RESTRICTION

1. Home-made cigarettes a, e The Ministry of Trade

2. Liquors of various a, e The Ministry of Trade
kinds with an alcoholic
strength of over 300

LIST 3

GOODS AND COMMERCIAL SERVICES SUBJECT TO CONDITIONAL BUSINESS
(Issued together with Decree No. 11/1999/ND-CP of March 3, 1999 of the Government)

CONDITIONS THAT MUST AGENCIES ISSUING REGULATIONS GOODS AND SERVICES BE MET (ACCORDING TO AND PROVIDING DETAILED GUIDANCE ARTICLE 6)

I. GOODS AND SERVICES THAT REQUIRE CERTIFICATES OF BUSINESS QUALIFICATIONS

A. Goods

1. Petrol and oil of all kinds a, b, c, d, e The Ministry of Trade

2. Gas of all kinds a, b, c, d, e The Ministry of Trade

3. Toxic chemicals and products a, b, c, d, e The Ministry of Science, Technology
containing toxic chemicals and Environment (prime responsibility)
and the Ministry of Industry

4. Prophylactic and medicinal a, b, c, d, e The Ministry of Health
drugs for human use, assorted
vaccines, bio-products, medical
equipment and instruments

5. Veterinary drugs and plant a, b, c, d, e The Ministry of Agriculture and
protection drugs Rural Development

B. Services

Cattle slaughtering services a, b, d, e The Ministry of Agriculture and Rural Development (prime responsibility)
and the Ministry of Trade

II. GOODS AND SERVICES THAT DO NOT REQUIRE CERTIFICATES OF BUSINESS QUALIFICATIONS

A. Goods

1. Gold a, b, c The State Bank of Vietnam

2. Gems a, b, c The Ministry of Trade

3. Fresh and processed foodstuff a, b, d, e The Ministry of Trade (prime
responsibility), the Ministry of Agriculture and Rural Development,
the Ministry of Health, the Ministry of Science, Technology and Environment

4. Construction materials a, b, e The Ministry of Construction (prime
responsibility), the Ministry of Trade and
the Ministry of Science, Technology
and Environment

5. Pit coal (other than those a, b, e The Ministry of Industry (prime
processed into fuels for responsibility) and the Ministry of Trade household use)

B. Services

1. Pawn service a, b The Ministry of Trade

2. Restaurants a, b, d, e The Ministry of Trade

3. Popular food catering business a, b, d, e The Ministry of Trade

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