Decree 60/2024/ND-CP on development and management of markets

DECREE

On marketplace development and management^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the November 24, 2015 Civil Code;

Pursuant to the June 29, 2001 Law on Cultural Heritage; and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritage ;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents; and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the June 21, 2017 Law on Management and Use of Public Property;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the June 13, 2019 Law on Public Investment; and the January 11, 2022 Law Amending and Supplementing a Number of Articles of the Law on Public Investment, the Law on Investment in the Form of Public-Private Partnership, the Law on Investment, the Housing Law, the Bidding Law, the Electricity Law, the Law on Enterprises, the Law on Excise Tax, and the Law on Enforcement of Civil Judgments;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the June 23, 2023 Bidding Law;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on marketplace development and management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides policies and mechanisms for marketplace development and management, including: investment in marketplace construction (covering building, repair and renovation of construction works); organization of marketplace management and business activities in marketplaces; and management, use and exploitation of marketplace infrastructure assets invested and managed by the State.

Article 2. Subjects of application

Agencies, organizations and individuals involved in marketplace development and management activities.

Article 3. Interpretation of terms

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

1. Marketplace regulated in this Decree means a marketplace organized in a location under a relevant development master plan or plan in order to meet the people’s goods purchase/sale, exchange and consumption needs.

2. Marketplace scope means an area reserved for marketplace activities, covering areas for arrangement of business points; operations house; internal traffic system; and service area (such as parking lots, toilets, warehouses, zones for waste collection and treatment, and zones for catering, entertainment and other services).

3. Wholesale marketplace means a marketplace where goods from production and business establishments are gathered for distribution to marketplaces and other distribution and circulation channels.

4. Retail marketplace means a marketplace for purchase/sale and exchange of common and essential goods that are produced, farmed and traded by the people to serve their daily-life needs.

5. Business points at a marketplace include stalls, kiosks and shops that are fixedly arranged within the marketplace according to the marketplace construction design. A business point at a marketplace must be at least 3 m² large.

6. Solid marketplace means a marketplace built for a service life longer than 10 years.

7. Semi-solid marketplace means a marketplace built for a service life of between 5 years and 10 years.

8. Makeshift marketplace means a marketplace that has been built under a relevant master plan but is neither solid nor semi-solid, and that is arranged by the local administration for temporary business purpose.

9. Spontaneous business point means a spontaneous business point/zone that is not included in a local marketplace development master plan or plan.

10. Rural marketplace means a marketplace located beyond administrative boundaries of wards of towns, urban districts or cities.

11. Night market means a marketplace organized in an area/location reserved for the development of night economy of a locality, and operating from 18:00 to 06:00.

12. Community marketplace means a place for purchase/sale and exchange of common and essential goods that are produced, farmed and traded by local people as permitted by competent authorities to serve local population communities.

13. Marketplace investment, business, exploitation and management enterprise means an enterprise established and operating in accordance with law to carry out marketplace investment, construction, business, exploitation and management activities.

14. Marketplace investment, business, exploitation and management cooperative means a cooperative established and operating in accordance with law to carry out marketplace investment, construction, business, exploitation and management activities.

15. Specialized agency assigned to manage marketplace infrastructure assets means an agency under a provincial-level People’s Committee or district-level People’s Committee that assists the provincial-level People’s Committee or district-level People’s Committee in performing the state management of marketplace infrastructure assets invested and managed by the State in a provincial-level locality (below referred to as specialized agency in charge of marketplace infrastructure assets).

16. Marketplace infrastructure assets (including land and land-attached assets) invested and managed by the State include:

Marketplace frame and covered structures, operations house of the marketplace management organization within the marketplace, toilets, warehouses, parking lots, garbage collection and treatment zones, security room, religious spaces (if any), and cold storages (if any);

Technical systems, including traffic works system, water supply and drainage system, electrical system, information system, CCTV system, ventilation and air conditioning system, firefighting system, and waste collection system;

Other works within the marketplace.

Article 4. Marketplace classification

1. Classification of marketplaces by business method:

a/ Wholesale marketplace, which is a marketplace with the use functions specified in Clause 3, Article 3 of this Decree and satisfying the following criteria:

Scale (area): The floor area of a marketplace is at least 10,000 m², excluding the area for the premises, roads, parking lots and other auxiliary works.

Location: The marketplace is convenient for connection to all modes of traffic and for goods circulation.

Work items include:

Essential works: parking lots, water supply and drainage and wastewater treatment systems, waste and scrap collection sites, toilets, and warehouses and yards for vehicles loading/unloading goods;

Work items subject to firefighting, food safety, environmental protection technical requirements and climate change response items as specified by law;

Main items by zone: goods trading zone with sub-zones for goods items (including wholesale zone and retail zone); office zone; zone for inspection, control and quarantine (for exported and imported goods of animal and plant origin), traceability and quality management; zone for sorting and preliminary processing, processing and packaging of goods; warehouses and yards for goods gathering and delivery; service zone in support of essential services, and zone for goods loading/unloading reserved for trucks and containers.

Wholesale marketplaces built under investment projects and operating before the effective date of this Decree may continue to operate under such projects.

b/ Retail marketplace, which is a marketplace with the service purposes and functions specified in Clause 4, Article 3 of this Decree.

2. Classification of marketplaces by size:

a/ Grade-1 marketplaces:

Grade-1 marketplace is a marketplace having more than 400 business points, which is solidly built under a relevant master plan;

A grade-1 marketplace has a ground area suitable to its operation scale where such essential activities as vehicle keeping, public sanitation and other activities are organized.

b/ Grade-2 marketplaces:

Grade-2 marketplace is a marketplace having between 200 and 400 business points, which is built to be solid or semi-solid under a relevant master plan;

A grade-2 marketplace has a ground area suitable to its operation scale where such essential activities as vehicle parking, public sanitation and other activities are organized.

c/ Grade-3 marketplaces:

Grade-3 marketplace is a marketplace having under 200 business points or having yet to be built to be solid or semi-solid;

A grade-3 marketplace has a ground area suitable to its operation scale where such essential activities as public sanitation activities are organized.

3. Classification of marketplaces by funding source:

a/ Marketplaces invested with state budget funds:

The construction investment and management of and business activities in these marketplaces must comply with the provisions of Chapters II and III of this Decree and relevant regulations;

The management, use and exploitation of marketplace infrastructure assets invested and managed by the State must comply with the provisions of Chapter IV of this Decree.

b/ Marketplaces invested with non-state budget funds (including other lawful sources as specified by law):

The investment construction and management of and business activities in marketplaces must comply with the provisions of Chapters II and III of this Decree and relevant regulations.

Chapter II

MARKETPLACE CONSTRUCTION INVESTMENT

Article 5. Marketplace development plans

1. Based on provincial master plans, provincial socio-economic development plans, other relevant master plans and development needs, provincial-level People’s Committees shall issue marketplace development plans in order to build new marketplaces or renovate and upgrade existing ones; and attract investment in the development of the marketplace system in their localities.

2. A marketplace development plan must have the following principal contents:

a/ Legal grounds for, and necessity of, marketplace construction;

b/ Objectives;

c/ Tasks and solutions;

d/ Marketplace development options (construction, development, expansion or renovation of marketplaces and other relevant contents);

dd/ Organization of plan implementation.

Article 6. Marketplace construction investment

1. A to-be-built marketplace must conform to the relevant provincial master plan, provincial socio-economic development plan and other relevant master plans and plans.

2. Funding sources for marketplace construction investment include state budget funds and non-state budget funds (including other lawful sources as specified by law).

3. State budget funds shall be used to support investment in the construction of projects on retail marketplaces and wholesale marketplaces in accordance with the public investment and state budget laws. State budget funds allocated as support for ground clearance for wholesale marketplaces must comply with the public investment law and other relevant laws.

4. Localities shall themselves balance state budget funds for investment in or for support for investment in the development of local marketplaces based on local reality and marketplace urgency, and conformity with the public investment and state budget laws and other relevant laws.

5. The State encourages organizations, individuals and traders of all economic sectors to invest in marketplace construction.

6. Marketplace investment projects are entitled to the State’s investment incentives and investment credit and policies on mobilization of social resources for investment in accordance with law.

7. Depending on investment capital sources and land use conditions, projects on marketplace construction investment must comply with relevant current regulations.

Article 7. Rights and obligations of marketplace construction project owners

1. Rights of marketplace construction project owners:

a/ To be entitled to investment incentives and borrow loans from development investment funds in accordance with the Government’s regulations on organization and operation of local development investment funds;

b/ Other rights specified by law.

2. Obligations of marketplace construction project owners:

a/ To invest in marketplace construction in accordance with current regulations on investment and construction and other relevant regulations;

b/ To perform maintenance during the cycle of a marketplace construction investment project;

c/ In case of marketplace construction, reconstruction or relocation, to coordinate with competent agencies in disclosing and posting information at head offices of competent state agencies and relevant locations, and collecting opinions of related parties in accordance with law. The minimum duration for information disclosure is 30 days (excluding public holidays and Lunar New Year holidays);

d/ In case of marketplace construction, reconstruction or relocation, to formulate plans and policies to support the relocation; to maintain operation of makeshift marketplaces; to formulate plans on exploitation and arrangement of business points of marketplaces, and collect opinions of market traders;

dd/ In case of construction of new marketplaces, to comply with regulations on arrangement of facilities within marketplaces; for to-be-renovated and -upgraded marketplaces, to attach importance to complying with regulations on fire protection, water supply and drainage, public sanitation, lighting, ventilation, and
parking lots;

e/ Other obligations specified by law.

Chapter III

MARKETPLACE MANAGEMENT ORGANIZATIONS AND BUSINESS ACTIVITIES IN MARKETPLACES

Article 8. Marketplace management organizations

Marketplace management organizations include: marketplace construction project owners; enterprises and cooperatives engaged in marketplace investment, business, exploitation and management; organizations assigned to manage marketplace infrastructure assets under Clauses 1 and 2, Article 15 of this Decree; and organizations exploiting marketplace infrastructure assets under Articles 24 and 25 of this Decree.

Article 9. Rights and responsibilities of marketplace management organizations

1. To organize the management of marketplaces and provision of services for the operation of marketplaces in accordance with this Decree and relevant regulations.

2. To renovate, upgrade, renovate and maintain marketplaces under regulations; to ensure fire protection, environmental sanitation, water resource protection, security and order, food safety, and measurement activities within the scope of marketplaces and business areas.

3. To formulate marketplace rules under Article 10 of this Decree, organize the management of marketplaces so that they operate according to marketplace rules, and handle acts of violation of marketplace rules according to their competence.

4. To sign and perform contracts with traders on rent and use of business points in marketplaces and provision of other services in accordance with law.

5. To disseminate and provide information on relevant policies and laws to marketplace traders.

6. To coordinate with functional agencies in implementing regulations on infectious disease prevention and control.

7. To summarize information and report on the operation of marketplaces at the request of competent agencies.

8. To maintain marketplace operation in order to ensure that goods trading and exchange activities are carried out under normal conditions, and upon request of competent agencies when necessary.

9. In addition to the above-mentioned obligations, the marketplace management organizations specified in Clauses 1 and 2, Article 15, and Articles 24 and 25, of this Decree shall manage and use public assets in accordance with law.

Article 10. Marketplace rules

1. Marketplace rules must have the following principal contents:

a/ Opening time;

b/ Rights and obligations of marketplace traders;

c/ Regulations on goods and services traded in the marketplace;

d/ Regulations on persons who come to conduct transactions, purchase/sell, visit, and perform official duties, in the marketplace;

dd/ Regulations applicable to marketplace management officers;

e/ Fire protection safety and disaster preparedness;

g/ Security and order in the marketplace;

h/ Environmental sanitation and food safety;

i/ Regulations on civilized behaviors and code of conduct;

k/ Requirements on organization of and participation in cultural and social activities in the marketplace;

l/ Regulations on handling of violations in the marketplace;

m/ Other regulations.

2. Marketplace rules shall be publicly and explicitly posted at an easy-to-notice position within the marketplace and disseminated to marketplace traders.

3. Organizations and individuals participating in the purchase/sale and exchange of goods and services in marketplaces and related organizations and individuals shall comply with law and marketplace rules.

4. Acts violating marketplace rules shall be handled by marketplace management organizations according to their competence.

5. Provincial-level People’s Committees shall issue model marketplace rules for formulation of uniform marketplace rules applicable to all marketplaces in their localities.

Article 11. Management of business points in marketplaces

1. Marketplace management organizations shall:

a/ Formulate plans on exploitation and arrangement of business areas and use of business points in marketplaces and notify them to competent People’s Committees;

b/ Sign contracts with traders that rent business locations under plans on exploitation and arrangement of business areas and use of business points in marketplaces in accordance with law;

c/ Make arrangements for traders to use business points under plans on exploitation and arrangement of business areas and use of business points in marketplaces.

2. The duration of lease of business points in marketplaces shall be agreed by the parties themselves, unless otherwise provided by law. Such duration shall be stated in a contract signed between the marketplace management organization and market traders.

3. Provincial-level People’s Committees shall provide guidance and regulations on the management of business points in marketplaces under this Article in order to ensure social security, food hygiene and safety, and security and order.

Article 12. Rights and obligations of marketplace traders

1. Rights of marketplace traders:

a/ Traders that sign contracts on use or contracts on rent of business points in marketplaces are entitled to conduct business activities under signed contracts;

b/ Traders may transfer business points or sublease that business points they rent to other traders provided that the signed contracts remain valid and such transfer or sublease is approved in writing by marketplace management organizations;

c/ Irregular traders may sell goods in separate areas in marketplaces and shall abide by marketplace rules.

2. Obligations of market traders:

a/ Market traders shall comply with plans on arrangement of business areas which are formulated by marketplace management organizations;

b/ Marketplace traders shall, in addition to complying with law, abide by marketplace rules and submit to the management by marketplace management organizations;

c/ Goods and services of marketplace traders must be those not banned by law and satisfying the law-specified conditions, for goods and services restricted from trading or subject to conditional trading;

d/ Business lines of marketplace traders must be those not banned by law and satisfying the law-specified conditions for conditional business lines.

Chapter IV

MANAGEMENT, USE AND EXPLOITATION OF MARKETPLACE INFRASTRUCTURE ASSETS INVESTED AND MANAGED BY THE STATE

Section 1

PRINCIPLES

Article 13. Principles of management, use and exploitation of marketplace infrastructure assets invested and managed by the State

1. Marketplace infrastructure assets shall be assigned by competent state management agencies to eligible subjects for management and use as suitable to specific conditions on marketplace size and local socio-economic characteristics and compliant with law.

Land allocation, land lease, land rental collection, land rental exemption or reduction, and management and use of land associated with marketplace infrastructure assets must comply with the land law and other relevant laws.

2. Provincial-level People’s Committees shall decide to assign responsible agencies to perform the state management of marketplace infrastructure assets in their localities, ensuring uniformity and clear determination of competence and responsibilities of each agency and responsibility for coordination among agencies, and conformity with the scale of marketplaces, relevant regulations and local socio-economic characteristics.

3. The State shall encourage the mobilization of social resources in order to diversify resources for the maintenance, development and exploitation of marketplace infrastructure assets.

4. Marketplace infrastructure assets shall be fully counted and accounted in kind and value; be eligible for depreciation and wear appropriation, and maintenance in accordance with law. The subjects assigned to manage marketplace infrastructure assets specified in Clauses 1 and 2, Article 15 of this Decree and related organizations shall perform accounting under current regulations.

5. The management, use, handling and exploitation of marketplace infrastructure assets shall be carried out in a public and transparent manner; must ensure achievement of social security objectives; must be accompanied by appropriate relocation and compensation plans; must ensure security and order; must not cause loss of state assets; submit to supervision, inspection, examination and auditing; and must comply with relevant master plans, and help conserve works of historical, cultural and architectural values. All acts of violating the law on asset management, use and exploitation shall be handled promptly and strictly in accordance with law.

6. If marketplace infrastructure assets are managed, used and exploited in an inefficient manner and not compliant with relevant master plans approved by competent authorities or are used not for initial purposes, the recovery of land associated with such assets must comply with the land law and other relevant laws.

Article 14. Principles of asset handling upon transformation of operation model of subjects assigned to manage marketplace infrastructure assets

1. The handling of assets upon transformation of public non-business units into joint-stock companies with state capital portions must comply with regulations on transformation of public non-business units into joint-stock companies.

2. The handling of assets upon transformation of state enterprises into joint-stock companies with state capital portions must comply with regulations on equitization of state enterprises.

Section 2

ASSIGMENT OF MARKETPLACE INFRASTRUCTURE ASSETS

Article 15. Subjects assigned to manage marketplace infrastructure assets and forms of assignment

1. Subjects that may be assigned to manage marketplace infrastructure assets managed by provincial-level authorities include:

a/ Public non-business units;

b/ Enterprises with 100% charter capital held by the State (below referred to as state enterprises);

c/ Provincial-level specialized agencies in charge of marketplace infrastructure assets.

2. Subjects that are assigned to manage marketplace infrastructure assets managed by district-level authorities include:

a/ Public non-business units;

b/ Commune-level People’s Committees;

c/ District-level specialized agencies in charge of marketplace infrastructure assets.

3. Forms of assignment of marketplace infrastructure assets:

a/ Assigning marketplace infrastructure assets in the form of recording the increase in assets for public non-business units specified at Point a, Clause 1 and Point a, Clause 2 of this Article (below referred to as units), and commune-level People’s Committees specified at Point b, Clause 2 of this Article (below referred to as agencies);

b/ Assigning marketplace infrastructure assets to state enterprises for management in the form of investing state capital in enterprises to conduct marketplace business in accordance with the law on management and use of state capital invested in production and business at enterprises, law on enterprises and other relevant laws;

c/ Assigning specialized agencies in charge of marketplace infrastructure assets to formulate asset exploitation plans in case such assets have been assigned to non-business units or commune-level People’s Committees but are managed, used and exploited inefficiently.

Article 16. Decision-making competence; order and procedures for assignment of marketplace infrastructure assets managed by provincial-level authorities

1. Competence to decide on assignment of marketplace infrastructure assets

Provincial-level People’s Committees shall consider and decide to assign marketplace infrastructure assets managed by local authorities to state enterprises, public non-business units and specialized agencies in charge of marketplace infrastructure assets under their management.

2. Order and procedures for deciding on assignment of newly built marketplace infrastructure assets and those for which the all-people ownership has been established:

a/ Project owners (for newly built marketplace infrastructure assets) and units in charge of asset management (for marketplace infrastructure assets for which the all-people ownership is established under Article 106 of the Law on Management and Use of Public Property) shall send written requests enclosed with asset dossiers to provincial-level specialized agencies in charge of marketplace infrastructure assets. Such a dossier must comprise:

A report of the project owner/unit in charge of asset management on assignment of assets to the eligible subject for management: 1 original;

A decision approving the construction investment project: 1 original;

A written request of the eligible subject for asset assignment (in case of assignment of assets to state enterprises or public non-business units): 1 original;

A list of assets to be assigned (name, address and type of works, year of construction, year when works are put into use, area, number of business points in a marketplace, value of assets, and evaluation of the current state of assets, if any): 1 original;

A minutes of acceptance testing for putting assets into use (for newly built works): 1 original;

A decision on establishment of all-people ownership (for assets for which the all-people ownership has been established under Article 106 of the Law on Management and Use of Public Property): 1 original;

As-built documents (for newly built works): 1 copy;

Other relevant papers (if any): 1 copy each.

b/ Within 60 days after receiving a complete dossier specified at Point a of this Clause, the provincial-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related local agencies and units in, proposing the provincial-level People’s Committee to consider and issue a decision on asset assignment. A decision on asset assignment must have the following principal contents:

Name of the subject eligible for asset assignment;

Form of asset assignment;

List of assets (name, address and type of works, year of construction, year when works are put into use, area, number of business points in the marketplace, value of assets, and evaluation of the current state of assets - if any);

Responsibility for organization of implementation.

3. Within 30 days after the provincial-level People’s Committee issues the decision on assignment of marketplace infrastructure assets, related agencies, units and enterprises shall proceed with the handover and receipt of assets. The handover and receipt of assets shall be included in a minutes made according to Form No. 05 provided in Appendix I to this Decree.

4. After the receipt of marketplace infrastructure assets, the management and use thereof shall be carried out as follows:

a/ In case of assignment of marketplace infrastructure assets in the form of investment of state capital in enterprises, the management, use and exploitation of such assets must comply with the law on management and use of state capital invested in production and business at enterprises, relevant laws and the following provisions:

The exercise of rights and performance of obligations of enterprises related to marketplace infrastructure assets must secure the State’s ownership over marketplace infrastructure assets assigned to enterprises for management;

It is prohibited to use marketplace infrastructure assets for mortgage or pledge, or as security for the performance of other civil obligations;

It is prohibited to convert asset functions in association with land repurposing;

For marketplace works that no longer need to be used for marketplaces and enterprises voluntarily return land areas attached to such works to localities, the compensation and support must comply with the land law;

It is required to fully observe the regime of reporting on the management and use of marketplace infrastructure assets in accordance with this Decree;

It is required to complete legal documents on land, and manage and use land associated with marketplace infrastructure assets in accordance with the land law and other relevant laws.

b/ For assets assigned to specialized agencies in charge of marketplace infrastructure assets or public non-business units for management, the management, use and exploitation thereof must comply with this Decree. Agencies and units assigned to manage marketplace infrastructure assets shall manage and use land areas with marketplace infrastructure assets in accordance with the land law and other relevant laws.

Article 17. Decision-making competence; order and procedures for assignment of marketplace infrastructure assets managed by district-level authorities

1. District-level People’s Committees shall consider and decide on the assignment of marketplace infrastructure assets under their management.

2. Order and procedures for deciding on assignment of marketplace infrastructure assets:

a/ Project owners (for newly built marketplace infrastructure assets) or units in charge of asset management (for marketplace infrastructure assets for which the all-people ownership is established under Article 106 of the Law on Management and Use of Public Property) shall send written requests enclosed with asset dossiers to district-level specialized agencies in charge of marketplace infrastructure assets. Such a dossier must comprise:

A report of the project owner/unit in charge of asset management on assignment of assets to the eligible subject for management: 1 original;

A decision approving the construction investment project: 1 original;

A written request for asset assignment: 1 original;

A list of assets to be assigned (name, address and type of works, year of construction, year when works are put into use, area, number of business points in a marketplace, value of assets, and evaluation of the current state of assets, if any): 1 original;

A minutes of acceptance testing for putting assets into use (for newly built works): 1 original;

A decision on establishment of all-people ownership (for assets for which the all-people ownership has been established under Article 106 of the Law on Management and Use of Public Property): 1 original;

As-built documents (for newly built works): 1 copy;

Other relevant papers (if any): 1 copy each.

b/ Within 60 days after receiving a complete dossier specified at Point a of this Clause, the district-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related local agencies and units in, proposing the district-level People’s Committee to consider and issue a decision on asset assignment. A decision on asset assignment must have the following principal contents:

Name of the subject that is assigned to manage assets;

Form of asset assignment;

A list of assets to be assigned (name, address and type of works, year of construction, year when works are put into use, area, number of business points in the marketplace, value of assets, and evaluation of the current state of assets - if any);

Responsibility for organization of implementation.

3. Within 30 days after the district-level People’s Committee issues the decision on assignment of marketplace infrastructure assets, related agencies and units shall proceed with the handover and receipt of assets. The handover and receipt of assets shall be included in a minutes made according to Form No. 05 provided in Appendix I of this Decree.

4. After marketplace infrastructure assets are received, the management, use and exploitation thereof must comply with this Decree. Agencies and units assigned to manage assets shall manage and use land areas with marketplace infrastructure assets in accordance with the land law and other relevant laws.

Section 3

DOSSIERS ON MANAGEMENT, ACCOUNTING AND MAINTENANCE OF MARKETPLACE INFRASTRUCTURE ASSETS

Article 18. Dossiers on management of marketplace infrastructure assets

1. A dossier on management of marketplace infrastructure assets must comprise:

a/ Documents related to the asset formation and changes:

A competent agency’s or competent person’s decision on asset assignment or transfer; a record of asset handover and receipt;

Land-related legal papers (land allocation or land lease decision; land lease contract; and certificate of land use rights and land-attached assets);

Other relevant papers and documents.

b/ Initial declaration report and additional declaration report as specified in Article 34 of this Decree (made according to Forms No. 01A, 01B, 01C and 01D provided in Appendix I to this Decree).

c/ Report on asset management, use and exploitation as specified in Sections 4 and 5, Chapter IV of this Decree (made according to Forms No. 02A, 02B, 02C, 02D, 03A, 03B, 03C, 03D and 03DD provided in Appendix I to this Decree).

d/ Information in the database on marketplace infrastructure assets as specified in Article 35 of this Decree.

2. Agencies, units, enterprises and specialized agencies in charge of marketplace infrastructure assets that are assigned to manage marketplace infrastructure assets shall prepare, manage and keep asset dossiers in accordance with law; and make reports in accordance with this Decree.

Article 19. Accounting of marketplace infrastructure assets

1. Agencies and units assigned to manage marketplace infrastructure assets shall:

a/ Keep accounting books and perform asset accounting in accordance with the accounting law and this Decree;

b/ Report on increase, decrease, depreciation and wear of assets in accordance with law.

2. Principles of recording in accounting books in some cases:

a/ For marketplace infrastructure assets the use of which commences before the effective date of this Decree and for which the value information is available in accounting books, such information shall be used for recording in accounting books.

b/ For marketplace infrastructure assets the use of which commences before the effective date of this Decree but which have yet to be monitored and recorded in accounting books, the actually revaluated value or investment value of works of equivalent class, grade or capacity shall be used after subtracting the value of assets during the time the assets have been used for recording in accounting books.

c/ For marketplace infrastructure assets that are procured, built or completed for being put into use on or after the effective date of this Decree, their book value is the value applied in the procurement and final settlement under regulations.

In case the assets are newly built and completed for being put into use but the final settlement thereof has yet to be approved by competent agencies or persons, their temporarily calculated historical cost shall be used for recording in accounting books. Their temporarily calculated historical cost shall be determined in the following order of priority: value proposed for final settlement; value determined according to the minutes of acceptance testing, and estimated value of the approved project. When the final settlement is approved, accountants shall adjust the recorded book value in accordance with the accounting law.

d/ In the course of management and use, if marketplace infrastructure assets are upgraded or expanded under projects approved by competent agencies or persons, accountants shall, when the projects’ final settlement is approved by competent agencies or persons, record the increased value of the assets based on the approved value of final settlement.

Article 20. Maintenance of marketplace infrastructure assets

1. Marketplace infrastructure assets shall be maintained according to the order, procedures, plans, standards and norms in order to maintain their technical conditions, ensuring normal operation and safety when they are used and exploited.

2. The determination of expenses for maintenance of marketplace infrastructure assets must comply with regulations on construction work maintenance expenses.

3. Expenses for maintenance of marketplace infrastructure assets shall be included in marketplace business expenses in accounting periods of units assigned to manage marketplace infrastructure assets in accordance with the accounting law and other relevant laws.

4. In case of leasing the right to exploit assets or transferring the right to exploit assets for a definite term with the lease or transfer contract stating that the lessee and the transferee have to maintain such assets, the lessee and the transferee shall use their own funds to perform the maintenance in accordance with law and the signed contract.

5. The maintenance of assets assigned to state enterprises under Point b, Clause 1, Article 15 of this Decree must comply with the construction law, law on enterprises and other relevant laws.

6. For assets assigned to public non-business units, commune-level People’s Committees or specialized agencies in charge of marketplace infrastructure assets specified at Points a and c, Clause 1, and Clause 2, Article 15 of this Decree, provincial-level People’s Committees shall base themselves on specific local conditions to consider and decide to allocate funds for asset maintenance from revenues from the exploitation and handling of marketplace infrastructure assets or from the state budget (in case revenues are insufficient to cover expenditures). The use of state budget funds for maintenance must comply with the state budget law.

Article 21. Organization of maintenance of marketplace infrastructure assets

1. Order and procedures for formulation and approval of plans on and estimation of funds for maintenance of marketplace infrastructure assets must comply with the state budget law, specifically as follows:

a/ Based on technical standards, norms, and unit price for maintenance and work volume to be performed, the agency or unit assigned to manage marketplace infrastructure assets shall formulate a plan on and estimate funds for asset maintenance (except the cases of asset maintenance specified in Clauses 4 and 5, Article 20 of this Decree); report thereon to superior management agencies (if any) for the latter to propose the provincial-level People’s Committee to consider and include the fund estimates in annual state budget estimates in accordance with the state budget law;

b/ Based on the competent agency’s or competent person’s decision on allocation of state budget funds, the provincial-level People’s Committee shall assign state budget estimates for maintenance of marketplace infrastructure assets to the agency or unit assigned to manage marketplace infrastructure assets;

c/ The agency or unit assigned to manage marketplace infrastructure assets shall organize the implementation of state budget estimates for asset maintenance in accordance with law.

2. Order and procedures for formulation and approval of 3-year and 5-year medium-term plans and fund estimates for asset maintenance must comply with regulations on 3-year finance-state budget plans and 5-year financial plans.

3. The selection of units to maintain marketplace infrastructure assets must comply with the bidding law and relevant laws, except where the State places orders or assigns tasks under the Government’s regulations on production and supply of public-utility products and services or assigns the maintenance task to construction contractors in accordance with law.

4. The payment and final settlement of funds for maintenance of marketplace infrastructure assets must comply with the law on the state budget and other relevant laws.

Section 4

EXPLOITATION OF MARKETPLACE INFRASTRUCTURE ASSETS

Article 22. Methods of exploitation of marketplace infrastructure assets

1. Directly exploiting marketplace infrastructure assets.

2. Leasing the right to exploit marketplace infrastructure assets.

3. Transferring the right to exploit marketplace infrastructure assets for a definite period.

4. Other methods as prescribed by law.

Article 23. Direct exploitation of marketplace infrastructure assets

1. Agencies, units and enterprises assigned to manage marketplace infrastructure assets shall directly exploit the assets according to plans on exploitation and arrangement of sellers based on their commodities and use of business points at the marketplaces according to this Decree.

2. Agencies, units and enterprises assigned to manage marketplace infrastructure assets shall carry out jobs to ensure the operation of marketplaces.

Article 24. Lease of the right to exploit marketplace infrastructure assets

1. The method of lease of the right to exploit marketplace infrastructure assets shall be applied to existing marketplace infrastructure assets (not associated with investment in upgrading or expanding marketplace infrastructure assets under projects approved by competent authorities). The method of lease of the right to exploit marketplace infrastructure assets shall apply to assets assigned to specialized agencies in charge of marketplace infrastructure assets, public non-business units and commune-level People’s Committees for management and not apply to assets assigned to enterprises for management.

The term of lease of the right to exploit marketplace infrastructure assets shall be specifically determined in schemes on lease of the right to exploit marketplace infrastructure assets.

2. Competence to approve schemes on lease of the right to exploit marketplace infrastructure assets:

a/ Provincial-level People’s Committees shall approve schemes on lease of the right to exploit marketplace infrastructure assets with regard to marketplace infrastructure assets managed by provincial-level authorities.

b/ District-level People’s Committees shall approve schemes on lease of the right to exploit marketplace infrastructure assets with regard to marketplace infrastructure assets managed by district-level authorities.

c/ For marketplace infrastructure assets related to national defense or national security, provincial-level People’s Committees shall collect opinions from the Ministry of Public Security, the Ministry of National Defense and related ministries and sectors and, on that basis, propose the Prime Minister to grant policy approval before approving schemes on lease of the right to exploit marketplace infrastructure assets according to their competence.

3. The lease of the right to exploit marketplace infrastructure assets shall be carried out through auction. In addition to the conditions prescribed by the law on asset auction, organizations participating in auction for lease of the right to exploit marketplace infrastructure assets must meet the following conditions:

a/ Having obtained a decision defining their functions, tasks, powers and organizational structures issued by competent agencies or persons, for public non-business units, or an enterprise registration certificate or cooperative registration certificate, for enterprises and cooperatives specified in Clauses 13 and 14, Article 3 of this Decree.

b/ Having financial capacity and capacity and experience in managing, operating and exploiting marketplaces.

4. Order and procedures for lease of the right to exploit marketplace infrastructure assets:

a/ An entity assigned to manage marketplace infrastructure assets shall formulate a scheme on lease of the right to exploit assets according to Form No. 04A provided in Appendix I to this Decree and send it, enclosed with a proposal, to the concerned specialized agency in charge of marketplace infrastructure assets (in case the unit assigned to manage marketplace infrastructure assets is not a specialized agency in charge of marketplace infrastructure assets). In case the marketplace infrastructure assets are assigned to a district-level agency or unit for management, such agency or unit shall formulate a scheme on lease of the right to exploit marketplace infrastructure assets and submit it to the district-level People’s Committee for the latter to send it, enclosed with a proposal, to the provincial-level specialized agency in charge of marketplace infrastructure assets;

b/ Within 45 days after receiving the proposal and the scheme as specified at Point a of this Clause, the provincial-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related with agencies and units in, appraising the scheme for submission to the competent People’s Committee specified in Clause 2 of this Article for consideration and approval. A decision approving a scheme on lease of the right to exploit marketplace infrastructure assets must have the following principal contents:

Information on the entity having marketplace infrastructure assets for lease of the exploitation right;

A list of assets for lease (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, asset value, and evaluation of conditions of assets - if any);

Term of lease of the right to exploit the assets;

Method of lease of the right to exploit the assets;

Management of the proceeds from lease of the right to exploit the assets;

Responsibilities for organizing the implementation of the scheme.

5. Based on the scheme for lease of the right to exploit marketplace infrastructure assets approved by a competent agency or person, the entity assigned to manage the assets shall:

a/ Determine the reserve price in the auction of lease of the right to exploit the assets according to Article 26 of this Decree;

b/ Organize an auction for lease of the right to exploit the assets in accordance with the law on asset auction;

c/ Sign a contract on lease of the right to exploit the assets in accordance with law.

6. A contract on lease of the right to exploit marketplace infrastructure assets must have the following principal contents:

a/ Information on the lessor;

b/ Information on the lessee;

c/ A list of assets for lease (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, asset value, and evaluation of conditions of the assets - if any): 1 original;

d/ Lease term; rental rate; method and deadline for rental payment and late-payment interest (if any); asset maintenance responsibility;

dd/ Rights and obligations of the parties;

e/ Responsibility for organizing the performance of the contract.

7. Rights of the lessee of the right to exploit marketplace infrastructure assets:

a/ To directly organize the operation and exploitation of the assets in accordance with law and the signed contract;

b/ To decide on the operation and exploitation of assets in accordance with relevant laws;

c/ To collect revenues from marketplace activities in accordance with law and the signed contract;

d/ To exercise other rights of the lessee of the right to exploit assets in accordance with law.

8. Obligations of the lessee of the right to exploit marketplace infrastructure assets:

a/ To protect the leased assets; not to let the assets be encroached upon or illegally used;

b/ To use and exploit the leased assets for the proper purpose; not to repurpose, transfer, sell or donate the leased assets, contribute the leased assets as capital, mortgage the leased assets or otherwise use the leased assets to secure the performance of other civil obligations;

c/ To perform asset maintenance work in accordance with law and the signed contract;

d/ To pay the rental for the right to exploit the leased assets in full and on time as specified in the contract;

dd/ To notify the lessor of the condition of the leased assets on a periodical basis or when requested by the lessor, ensuring the operation of the marketplace.

Upon occurrence of an incident, the lessee shall promptly notify the lessor to take remedial measures in accordance with law;

e/ To be subject to the inspection and supervision by the lessor; to work with the lessor to resolve arising problems;

g/ To perform other obligations in accordance with law and the contract.

9. Specialized agencies in charge of marketplace infrastructure assets shall regularly inspect and supervise the implementation of schemes on lease of the right to exploit marketplace infrastructure assets approved by competent agencies and persons.

10. The proceeds from lease of the right to exploit marketplace infrastructure assets shall be managed and used according to Article 32 of this Decree.

Article 25. Transfer of the right to exploit marketplace infrastructure assets for a definite period

1. The method of transfer of the right to exploit marketplace infrastructure assets for a definite period shall apply to existing marketplace infrastructure assets in association with investment in upgrading and expanding marketplace infrastructure assets under projects approved by competent authorities. The method of transfer of the right to exploit marketplace infrastructure assets for a definite period shall only apply to assets assigned to specialized agencies in charge of marketplace infrastructure assets or public non-business units for management but not apply to assets assigned to enterprises for management.

The period of transfer of the right to exploit marketplace infrastructure assets shall be specifically determined in schemes on transfer of the right to exploit marketplace infrastructure assets and contracts on transfer of the right to exploit marketplace infrastructure assets but must not exceed 50 years.

2. Competence to approve schemes on transfer of the right to exploit marketplace infrastructure assets for a definite period:

a/ Provincial-level People’s Committees shall approve schemes on transfer of the right to exploit marketplace infrastructure assets for a definite period;

b/ For marketplace infrastructure assets related to national defense or national security, provincial-level People’s Committees shall collect opinions from the Ministry of Public Security, the Ministry of National Defense and related ministries and sectors and, on that basis, seek policy approval from the Prime Minister before approving schemes on transfer of the right to exploit marketplace infrastructure assets for a definite period according to their competence.

3. The transfer of the right to exploit marketplace infrastructure assets for a definite period shall be carried out through auction. In addition to the conditions prescribed by the law on asset auction, organizations participating in auction for transfer of the right to exploit marketplace infrastructure assets for a definite period must meet at least the following conditions:

a/ Having a decision defining their functions, tasks, powers and organizational structures issued by competent agencies or persons, for public non-business units, or an enterprise registration certificate or cooperative registration certificate, for enterprises and cooperatives specified in Clauses 13 and 14, Article 3 of this Decree.

b/ Having financial capacity, and capacity and experience in managing, operating and exploiting marketplaces.

4. Order and procedures for formulation and approval of schemes on transfer of the right to exploit marketplace infrastructure assets for a definite period:

a/ An entity assigned to manage assets shall formulate a scheme on transfer of the right to exploit assets for a definite period according to Form No. 04B provided in Appendix I to this Decree and send it, enclosed with a proposal, to the provincial-level specialized agency in charge of marketplace infrastructure assets (in case it is not a specialized agency in charge of marketplace infrastructure assets). In case the marketplace infrastructure assets are assigned to a district-level agency or unit for management, such agency or unit shall formulate a scheme on transfer of the right to exploit assets for a definite period and submit it to the district-level People’s Committee for the latter to send the scheme, enclosed with a proposal, to the provincial-level specialized agency in charge of marketplace infrastructure assets;

b/ Within 45 days after receiving a proposal, enclosed with the scheme as specified at Point a of this Clause, the provincial-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related agencies and units in, appraising the scheme for submission to the provincial-level People’s Committee specified in Clause 2 of this Article for consideration and approval. A decision approving a scheme on transfer of the right to exploit marketplace infrastructure assets for a definite period must have the following principal contents:

Information on the entity having the assets of which the right to exploit is to be transferred for a definite period;

A list of assets of which the right to exploit is to be transferred for a definite period (asset name and address, work type, year of construction, year when assets are put into use, area and number of business points at the marketplace, asset value, and evaluation of conditions of the assets - if any);

Period of transfer of the right to exploit the assets for a definite period;

Method of transfer of the right to exploit the assets for a definite period;

Management of the proceeds from transfer of the right to exploit the assets for a definite period;

Responsibilities for organizing the implementation of the scheme.

5. Based on the scheme on transfer of the right to exploit marketplace infrastructure assets for a definite period approved by a competent agency or person, the entity assigned to manage assets shall:

a/ Determine the reserve price in auction for transfer of the right to exploit the assets for a definite period according to Article 26 of this Decree;

b/ Organize an auction for transfer of the right to exploit the assets for a definite period in accordance with the law on asset auction;

c/ Sign a contract on transfer of the right to exploit the assets for a definite period in accordance with law.

6. A contract on transfer of the right to exploit marketplace infrastructure assets for a definite period must have the following principal contents:

a/ Information on the transferor;

b/ Information on the transferee;

c/ A list of assets of which the right to exploit is transferred for a definite period (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, asset value, and evaluation of conditions of the assets - if any);

d/ Period of transfer; transfer price; method and deadline to make payment for the transfer and late-payment interest (if any); asset maintenance responsibility;

dd/ Rights and obligations of the parties;

e/ Responsibility for organizing the performance of the contract.

7. Rights of the transferee of the right to exploit marketplace infrastructure assets for a definite period:

a/ To directly organize the operation and exploitation of the assets in accordance with law and the signed contract;

b/ To decide on the operation and exploitation of assets in accordance with relevant laws;

c/ To collect revenues from marketplace activities in accordance with law and the signed contract;

d/ To invest in the upgrading and expansion of the assets under projects approved by competent authorities in accordance with the investment law and relevant laws.

dd/ To exercise other rights of the transferee of the right to exploit assets in accordance with law.

8. Obligations of the transferee of the right to exploit marketplace infrastructure assets for a definite period:

a/ To protect the assets; not to let the assets be encroached upon or illegally used;

b/ To use and exploit the assets for the proper purpose; not to repurpose, transfer, sell or donate the assets, contribute the assets as capital, mortgage the assets or otherwise use the assets to secure the performance of other civil obligations;

c/ To perform asset maintenance work according to law and the signed contract;

d/ To make payment for the transfer of the right to exploit the leased assets in full and on time as specified in the contract;

dd/ To notify the transferor of the condition of the transferred assets on a periodical basis or when requested by the transferor, ensuring the operation of the marketplace.

Upon occurrence of an incident, the transferee shall promptly notify the transferor so as to take remedial measures in accordance with law;

e/ To be subject to inspection and supervision by the transferor; to work with the transferor to resolve arising problems;

g/ To perform other obligations in accordance with law and the contract.

9. Specialized agencies in charge of marketplace infrastructure assets shall regularly inspect and supervise the implementation of schemes on transfer of the right to exploit marketplace infrastructure assets for a definite period approved by competent agencies and persons.

10. The proceeds from transfer of the right to exploit marketplace infrastructure assets for a definite period shall be managed and used according to Article 32 of this Decree.

11. At the end of the period of transfer of the right to exploit marketplace infrastructure assets according to a contract on transfer of the right to exploit assets or upon premature termination of a contract on transfer of the right to exploit assets under decision of a competent agency or person, the handling of the assets must comply with the following regulations:

a/ At least 6 months before the termination date of the contract on transfer of the right to exploit assets, the transferee shall send a dossier of request for return of the assets to the agency signing the transfer contract;

b/ Within 30 days after receiving the dossier of request for return of the transferred assets, the agency signing the transfer contract shall itself, or, together with related agencies and units, if necessary:

Organize the assessment of quality, value and condition of the assets according to the principles and conditions agreed in the contract;

Make a list of transferred assets;

Make a record on the damage (if any) to the assets in order to request the transferee to repair and maintain the assets;

Proceed with the signing of a record of receipt of the assets, in case the marketplace infrastructure assets meet the law-specified requirements;

Report to the provincial-level People’s Committee on the assignment of the assets to an agency, unit or enterprise as specified in this Decree for continued management and operation in accordance with law.

c/ Within 5 days from the date of termination of the contract, the transferee shall hand over the assets to the transferor. The handover and receipt of assets must be recorded in writing according to Form No. 05 provided in Appendix I of this Decree.

Article 26. Rates of rental of the right to exploit marketplace infrastructure assets and prices for transfer of the right to exploit marketplace infrastructure assets for a definite period

1. The rate of rental of the right to exploit marketplace infrastructure assets or the price of transfer of the right to exploit marketplace infrastructure assets for a definite period is the money amount payable by the lessee of the right to exploit marketplace infrastructure assets or the transferee of the right to exploit marketplace infrastructure assets for a definite period to the State according to the auction-winning price so as to be permitted to use and exploit the assets according to the signed contract.

2. The agencies and persons competent to approve schemes on lease of the right to exploit marketplace infrastructure assets or transfer of the right to exploit marketplace infrastructure assets for a definite period specified in Clause 2, Article 24; and Clause 2, Article 25, of this Decree are agencies and persons competent to approve the reserve price in auction for lease of the right to exploit marketplace infrastructure assets or transfer of the right to exploit marketplace infrastructure assets for a definite period.

3. The entities assigned to manage marketplace infrastructure assets may choose to hire a valuation enterprise to determine the value of the assets according to Vietnam Valuation Standards or establish a price determination council so as to obtain grounds for determining the reserve price in auction for lease of the right to exploit marketplace infrastructure assets or transfer of the right to exploit marketplace infrastructure assets for a definite period. The price determination council must have a chairperson who is the head of the entity assigned to manage marketplace infrastructure assets or an authorized person; and other members who are representatives of related specialized departments of the entity assigned to manage marketplace infrastructure assets; a representative of the provincial-level Department of Finance where the assets are located; and representatives of other related agencies (if any).

4. The reserve price in auction for lease of the right to exploit marketplace infrastructure assets is the lowest initial price when conducting auction for lease of the right to exploit marketplace infrastructure assets.

The reserve price in auction for lease of the right to exploit marketplace infrastructure assets shall be determined based on at least one of the following grounds:

a/ The rental rate (if any) for the right to exploit assets of the same type or of the same technical standards, quality and utility with the to-be-leased marketplace infrastructure assets in the market at the time of determination;

b/ Estimated revenue and estimated costs from exploitation of the assets during the lease term;

c/ The valuation certificate and valuation report issued by a valuation enterprise in accordance with the law on price or the price determination results of the price determination council specified in Clause 3 of this Article. The use of valuation certificates and valuation reports issued by valuation enterprises must comply with the law on price.

5. The reserve price in auction for transfer of the right to exploit marketplace infrastructure assets for a definite period is the lowest initial price when conducting an auction for transfer the right to exploit marketplace infrastructure assets for a definite period.

The grounds for determining the reserve price in auction for transfer of the right to exploit marketplace infrastructure assets for a definite period include:

a/ Value of additional investment under projects on upgrading and expansion of the assets approved by competent agencies or persons.

The value of additional investment is the value of investment to be made by the transferee under projects approved by competent agencies or persons;

b/ Estimated revenues and estimated costs from the exploitation of the assets of the transferee during the transfer period;

c/ Valuation certificate and valuation report issued by a valuation enterprise in accordance with the law on price or the price determination results of the price determination council specified in Clause 3 of this Article. The use of valuation certificates and valuation reports issued by valuation enterprises must comply with the law on price.

6. The entities assigned to manage marketplace infrastructure assets shall determine the reserve price in auction for lease of the right to exploit marketplace infrastructure assets/transfer of the right to exploit marketplace infrastructure assets for a definite period and submit it to the competent agencies or persons specified in Clause 2 of this Article for approval.

Section 5

HANDLING OF MARKETPLACE INFRASTRUCTURE ASSETS

Article 27. Forms of handling marketplace infrastructure assets

Forms of handling marketplace infrastructure assets include:

1. Recovery.

2. Transfer.

3. Liquidation.

4. Handling in case of loss or destruction.

5. Other forms as prescribed by law.

Article 28. Recovery of marketplace infrastructure assets

1. Marketplace infrastructure assets shall be recovered in the following cases:

a/ The land attached to marketplace infrastructure assets falls into cases of land recovery prescribed in the land law;

b/ Relevant master plans change, resulting in a change in the functions of the assets;

c/ There is a change in decentralization of the power to manage the assets;

d/ The assets have been assigned not to proper entities specified in this Decree;

dd/ The assets that have been assigned but the entities assigned to manage the assets no longer need to use the assets or have committed serious violations in management of the assets in accordance with law;

e/ Other cases as prescribed by law.

2. Competence to decide on recovery:

a/ Provincial-level People’s Committees shall decide on the recovery of marketplace infrastructure assets managed by provincial-level authorities;

b/ District-level People’s Committees shall decide on the recovery of marketplace infrastructure assets managed by district-level authorities;

c/ Particularly for assets in the case specified at Point a, Clause 1 of this Article, the competence to recover, compensation and support upon recovery, and management and handling of land and land-attached assets must comply with the land law and relevant laws. Before deciding on the recovery, provincial-level People’s Committees shall assign provincial-level natural resources and environment agencies to consult in writing provincial-level agencies assigned to manage public assets, provincial-level specialized agencies in charge of marketplaces, district-level People’s Committees of the localities where the assets are located, and other related agencies on the issues falling within the ambit of assigned functions and tasks of these agencies.

3. Recovered marketplace infrastructure assets shall be:

a/ Handled according to the land law, for the case specified at Point a, Clause 1 of this Article;

b/ Handed over or transferred to other entities for management according to this Decree, except the case specified at Point a of this Clause.

4. Order and procedures for recovery of marketplace infrastructure assets specified at Points b, c, d, dd and e, Clause 1 of this Article:

a/ Agencies, units and enterprises that have assets shall prepare a dossier of request for asset recovery and send it to the same-level specialized agency in charge of marketplace infrastructure assets. The dossier must comprise:

A request for asset recovery (determining the case of recovery of assets as specified at Point b, c, d, dd or e, Clause 1 of this Article): 1 original.

A list of assets requested to be recovered (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, and asset value): 1 original.

Other relevant documents (if any): 1 copy of each document.

b/ Within 45 days after receiving a complete dossier specified at Point a of this Clause, the specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related agencies and units in, reporting the case to the competent People’s Committee as specified in Clause 2 of this Article for consideration and decision on the recovery of the assets. The dossier submitted to the competent People’s Committee must comprise:

A report made by the specialized agency in charge of marketplace infrastructure assets or jointly made by related agencies and units on the recovery of the assets: 1 original.

A list of assets requested to be recovered (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, and asset value): 1 original.

Minutes of meetings or written opinions of related agencies and units: 1 copy.

The documents specified at Point a of this Clause: 1 copy of each document.

c/ Within 30 days after receiving a complete dossier specified at Point b of this Clause, the competent People’s Committee specified in Clause 2 of this Article shall consider and issue a decision on recovery of marketplace infrastructure assets or issue a written reply in case the request for recovery of assets is unreasonable. The contents of the asset recovery decision must comply with Clause 6 of this Article.

d/ Within 30 days after obtaining an asset recovery decision from the competent People’s Committee specified in Clause 2 of this Article, the specialized agency in charge of marketplace infrastructure assets shall formulate a plan on handling of the recovered assets according to the form specified in Clause 3 of this Article and submit it to competent agencies and persons as prescribed in Articles 16, 17 and 29 of this Decree for consideration and decision. The organization of implementation of the asset handling decision must comply with Articles 16, 17 and 29 of this Decree.

Pending the handling of the recovered assets, the agency, unit or enterprise having their assets recovered shall preserve and protect the assets and ensure operation of the assets in accordance with law.

5. Order and procedures for recovery of marketplace infrastructure assets following inspection, examination, auditing, or sanctioning of administrative violations or at the proposal of specialized agencies in charge of marketplace infrastructure assets and other state management agencies

Based on conclusions, decisions and proposals of agencies functioning to conduct inspection, examination, auditing, or sanctioning of administrative violations, specialized agencies in charge of marketplace infrastructure assets or other state management agencies, the competent People’s Committees specified in Clause 2 of this Article shall consider and decide to recover the assets.

6. A decision on recovery of marketplace infrastructure assets must have the following principal contents:

a/ Name of the agency, unit or enterprise having assets recovered;

b/ List of recovered assets (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, and asset value);

c/ Responsibility for organizing the implementation of the decision.

Article 29. Transfer of marketplace infrastructure assets to other units for management

1. Marketplace infrastructure assets shall be transferred to other units for management in the following cases:

a/ When there is a change in the agencies managing, or decentralization of the power to manage, marketplace infrastructure assets;

b/ The assets have been assigned but are no longer needed or inefficiently exploited;

c/ Other cases as prescribed by law.

2. Provincial-level People’s Committees shall decide or decentralize the power to decide on the transfer of marketplace infrastructure assets between agencies and units under their management.

3. Order and procedures for transfer of marketplace infrastructure assets to other units for management:

a/ Agencies and units having assets falling into the cases specified in Clause 1 of this Article shall prepare a dossier of request for transfer of marketplace infrastructure assets and send it to the same-level specialized agency in charge of marketplace infrastructure assets. The dossier must comprise:

A request for transfer of the assets to another unit for management (identifying the case of transfer of assets as specified in Clause 1 of this Article): 1 original.

A proposal for receipt of the assets: 1 original.

A list of assets to be transferred (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, and asset value): 1 original.

Other relevant documents (if any): 1 copy of each document.

For marketplace infrastructure assets managed by district-level authorities, in case the competence to decide on the transfer of the assets to other units for management rests with the provincial-level People’s Committee according to the power decentralization regulations in Clause 2 of this Article, the district-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related agencies and units in, reporting the case to the district-level People’s Committee for the latter to consider and send a proposal, enclosed with a copy of the above-mentioned document, to the provincial-level specialized agency in charge of marketplace infrastructure assets.

b/ Within 45 days after receiving a complete dossier specified at Point a of this Clause, the provincial-level specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and coordinate with related agencies and units in, reporting the case to the competent People’s Committee specified in Clause 2 of this Article for consideration and decision on the transfer of the assets to other units for management. The dossier to be submitted to the competent People’s Committee must comprise:

A report on the transfer of assets to other units for management, made by the specialized agency in charge of marketplace infrastructure assets or jointly made by related agencies and units: 1 original.

A list of assets proposed to be transferred (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the marketplace, and asset value): 1 original.

Minutes of meetings or written opinions of related agencies and units: 1 copy.

The documents specified at Point a of this Clause: 1 copy of each document.

c/ Within 30 days after receiving a complete dossier specified at Point b of this Clause, the competent People’s Committee specified in Clause 2 of this Article shall consider and issue a decision on transfer of marketplace infrastructure assets to other units for management or make a written reply in case the request for transfer of the assets is unreasonable. The asset transfer decision must have the following principal contents:

The agency or unit whose assets are to be transferred;

The agency or unit receiving the transferred assets

A list of transferred assets (asset name and address, work type, year of construction, year when the assets are put into use, area and number of business points at the market, and asset value);

Reason for transfer (identifying the case of transfer of assets to other units for management as specified in Clause 1 of this Article);

Responsibility for organizing the implementation of the decision.

4. Within 30 days after obtaining the decision on transfer of assets to other units for management issued by the competent authority, the agency or unit having assets transferred and the agency or unit receiving the assets shall organize the handover and receipt of the assets; make a record on handover and receipt of the assets; account decrease and increase in assets according to the current accounting regime; and make reports on change of assets according to Article 34 of this Decree.

5. Reasonable expenses directly related to the handover and receipt of assets shall be paid by the agency or unit receiving the assets according to regulations.

Article 30. Liquidation of marketplace infrastructure assets

1. Marketplace infrastructure assets shall be liquidated in the following cases:

a/ The assets are damaged to an extent that makes them irreparable or the repair is ineffective (the assets’ initial functions cannot be restored);

b/ The assets are demolished for investment in the construction of new assets under projects approved by competent agencies or persons;

c/ Competent state agencies adjust relevant master plans, making part or all of the assets no longer usable according to their functions. In case of asset recovery specified at Point a, Clause 1, Article 28 of this Decree, the method of liquidation specified in this Article shall not be applied;

d/ Other cases as specified by law.

2. Competence to decide on the liquidation

a/ Provincial-level People’s Committees shall decide on the liquidation of marketplace infrastructure assets managed by provincial-level authorities;

b/ District-level People’s Committees shall decide on the liquidation of marketplace infrastructure assets managed by district-level authorities.

3. The liquidation of marketplace infrastructure assets shall be carried out in the form of demolition or destruction:

a/ In case the recovered materials and supplies are usable, entities assigned to manage the assets may further use them or may use them for projects on construction of new marketplace infrastructure assets approved by competent authorities;

b/ In case the entities assigned to manage the assets no longer wish to continue to use the recovered materials and supplies, they may transfer or sell them.

The transfer of the recovered materials and supplies must comply with Article 29 of this Decree.

The sale of the recovered materials and supplies must comply with Article 31 of the Government’s Decree No. 151/2017/ND-CP of December 26, 2017, detailing a number of articles of the Law on Management and Use of Public Assets, and amending, supplementing or replacing documents (if any).

4. Order and procedures for liquidation of marketplace infrastructure assets:

a/ An agency or unit having assets falling into the cases specified in Clause 1 of this Article shall prepare a dossier of request for asset liquidation and send it to the same-level specialized agency in charge of marketplace infrastructure assets. Such a dossier must comprise:

A written request for asset liquidation (identifying the case of liquidation specified in Clause 1 of this Article): 1 original.

A list of assets requested for liquidation (asset name and value): 1 original.

Other relevant documents (if any): 1 copy of each document.

b/ Within 45 days after receiving the complete dossier specified at Point a of this Clause, the specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and cooperate with related agencies and units in, submitting a report to the competent People’s Committee specified in Clause 2 of this Article for consideration and decision on asset liquidation. The dossier submitted to the People’s Committee must comprise:

A report on asset liquidation, made by the specialized agency in charge of marketplace infrastructure assets or jointly by related agencies and units: 1 original.

A list of assets requested for liquidation (asset name and value): 1 original.

A minutes of the meeting or written opinions of related agencies and units: 1 original.

The documents specified at Point a of this Clause: 1 copy of each document.

c/ Within 30 days after receiving the complete dossier specified at Point b of this Clause, the competent People’s Committee specified in Clause 2 of this Article shall consider and decide on the liquidation of marketplace infrastructure assets or issue a written reply in case the request for asset liquidation is implausible.

A decision on liquidation of marketplace infrastructure assets must have the following major contents:

Name of the agency or unit having assets subject to liquidation;

A list of assets requested for liquidation (asset name and value);

Forms of handling of the recovered materials and supplies (if they are still usable); name of the agency, unit or state enterprise receiving the recovered materials and supplies (in case such entity has been identified);

Reasons for the liquidation (identifying the case of liquidation specified in Clause 1 of this Article);

Management and use of the proceeds from the liquidation;

Implementation responsibilities.

d/ Within 30 days after receiving the decision on asset liquidation from the competent agency or person specified in Clause 2 of this Article, the agency or unit having assets subject to liquidation shall organize the implementation of, or hire a functional organization or individual to implement, the demolition or destruction of such assets; and check, count and classify the recovered materials and supplies. The handling of the recovered materials and supplies in the process of asset liquidation must comply with Clause 3 of this Article.

The agency or unit assigned to manage the assets shall account a decrease in their assets according to the current accounting regime and make a report on change in assets according to Article 34 of this Decree.

5. The management and use of the proceeds from liquidation of marketplace infrastructure assets must comply with Article 33 of this Decree.

Article 31. Handling of marketplace infrastructure assets in case of loss or damage

1. Marketplace infrastructure assets shall be handled in case they are lost or damaged due to disasters, fires or other causes and no longer exist or are irreparable to restore their initial functions.

2. Competence to decide on the handling of marketplace infrastructure assets

a/ Provincial-level People’s Committees shall decide on the handling of marketplace infrastructure assets managed by provincial-level authorities;

b/ District-level People’s Committees shall decide on the handling of marketplace infrastructure assets managed by district-level authorities.

3. Order and procedures for handling of marketplace infrastructure assets

a/ An agency or unit having the assets falling in the cases specified in Clause 1 of this Article shall prepare a dossier of request for asset handling and send it to the same-level specialized agency in charge of marketplace infrastructure assets. The dossier must comprise:

A written request for asset handling (identifying the case of handling of marketplace infrastructure assets specified in Clause 1 of this Article): 1 original.

A list of assets requested for handling (asset name and value): 1 original.

Other relevant documents (if any): 1 copy of each document.

b/ Within 45 days after receiving the complete dossier specified at Point a of this Clause, the specialized agency in charge of marketplace infrastructure assets shall assume the prime responsibility for, and cooperate with related agencies and units in, submitting a report on the handling of marketplace infrastructure assets to the competent-level People’s Committee specified in Clause 2 of this Article for consideration and decision. The dossier to be submitted to the People’s Committee must comprise:

A report on the handling of the assets, made by the specialized agency in charge of marketplace infrastructure assets or jointly made by related agencies and units: 1 original.

A list of assets requested for handling (asset name, quantity and value): 1 original.

A minutes of meetings or written opinions of related agencies and units: 1 original.

The documents specified at Point a of this Clause: 1 copy of each document.

c/ Within 30 days after receiving the complete dossier specified at Point b of this Clause, the competent People’s Committee specified in Clause 2 of this Article shall consider and decide on the handling of marketplace infrastructure assets or issue a written reply in case the request for asset handling is implausible. The decision on handling of marketplace infrastructure assets must have the following major contents:

Name of the agency or unit with lost or damaged assets;

List of the lost or damaged assets (asset name, quantity and value); causes of loss or damage of the assets;

Implementation responsibilities.

4. Within 30 days from the issuance date of the decision on handling of marketplace infrastructure assets of the agency or person specified in Clause 2 of this Article, the agency or unit assigned to manage the assets shall account a decrease in their assets in accordance with the law on accounting; and submit a report thereon according to this Decree (using Forms Nos. 01B and 01C provided in Appendix I to this Decree).

5. The state budget shall ensure funds for remediation of the consequences or repair of the damaged marketplace infrastructure assets to restore their operation.

In case the lost or damaged marketplace infrastructure assets are indemnified by insurance enterprises or compensated by related organizations and individuals, the management and use of the indemnity or compensation amount must comply with Article 33 of this Decree. The amounts remitted into the state budget shall be prioritized for inclusion in public investment plans and state budget expense estimates for investment in the construction, upgrading, renovation and development of marketplace infrastructure assets in accordance with the law on the state budget, law on public investment, and other relevant laws.

Section 6

MANAGEMENT AND USE OF PROCEEDS FROM THE EXPLOITATION AND HANDLING OF MARKETPLACE INFRASTRUCTURE ASSETS

Article 32. Management and use of proceeds from the exploitation of marketplace infrastructure assets

1. In case agencies or units assigned to manage marketplace infrastructure assets directly exploit the assets according to Article 23 of this Decree, the management and use of proceeds from the exploitation of the assets must comply with the financial mechanism applicable to the agencies or units assigned to manage the assets.

2. In case marketplace infrastructure assets are exploited under the plans specified in Articles 24 and 25 of this Decree, proceeds from the lease or transfer of the right to exploit the marketplace infrastructure assets for a definite period shall be remitted into holding accounts opened at the State Treasury of the following public asset management agencies:

a/ Provincial-level Departments of Finance, for proceeds from exploitation of the assets managed by provincial-level agencies or units;

b/ District-level Finance-Planning Divisions, for proceeds from exploitation of the assets managed by district-level agencies or units.

3. The holding accounts shall be monitored in detail for each agency having marketplace infrastructure assets put into exploitation.

4. Heads of agencies assigned to exploit marketplace infrastructure assets shall formulate and approve estimates of expenses related to exploitation of the assets, except the case specified in Clause 10 of this Article.

5. Expenses related to exploitation of marketplace infrastructure assets include expense for asset inventory, expense for determination of reserve prices, expense for organization of auctions, and other related expenses.

6. Expense levels:

a/ For expenses of which the criteria, norms and regimes are specified by competent agencies or persons, such criteria, norms and regimes shall apply;

b/ Expenses for hiring services related to the exploitation of the assets must comply with signed contracts in accordance with law. The selection of service providers related to the exploitation of the assets must comply with law;

c/ For expenses other than those specified at Points a and b of this Clause, heads of the agencies or units assigned to exploit the assets shall decide on the expense levels in conformity with the State’s current financial management regimes and take responsibility for their decisions.

7. Within 30 days after remitting money to a holding account, the lessor/transferor of marketplace infrastructure assets shall prepare 1 dossier of request for payment and send it to the holding account owner to pay expense related to the exploitation of the assets. The head of the unit being the asset lessor/transferor shall take responsibility before law for the accuracy of the expense items requested for payment.

A dossier of request for payment must comprise:

a/ A written request of the lessor/transferor of the marketplace infrastructure assets (specifying proceeds from the exploitation of the assets, total expense for the exploitation of the assets, and information on the beneficiary accounts), enclosed with a detailed declaration of the expense items: 1 original;

b/ The decision on the exploitation of the assets issued by the competent agency or person: 1 copy;

c/ Documents and papers proving the expense items such as approved estimates; contracts on hiring the services of asset valuation, auction and demolition; invoices and receipts (if any): 1 copy of each document and paper.

8. Within 30 days after receiving a complete and valid dossier, the holding account owner shall provide money to the lessor/transferor for the latter to pay expense items related to the exploitation of marketplace infrastructure assets.

9. Quarterly, the holding account owner shall remit into the state budget the remainder of the proceeds from the exploitation of the assets left after making full payment for all expenses into the state budget in accordance with the law on the state budget.

10. In case the agencies or units assigned to manage the assets directly exploit such assets under Article 23 of this Decree, if the proceeds from the exploitation of the asset are insufficient to cover expenses, the deficit amount shall be taken from the state budget estimates assigned to the agencies or units assigned to manage the assets.

Article 33. Management and use of proceeds from handling of marketplace infrastructure assets

1. The whole proceeds from the handling of marketplace infrastructure assets (including also amounts indemnified by insurance enterprises or compensated by other organizations and individuals) shall be remitted into the holding accounts opened at the State Treasury of the following public asset management agencies:

a/ Provincial-level Departments of Finance, for the proceeds from the handling of assets managed by provincial-level agencies or units;

b/ District-level Finance-Planning Divisions, for the proceeds from the handling of assets managed by district-level agencies or units.

3. Heads of agencies or units assigned to handle marketplace infrastructure assets shall formulate and approve estimates of expenses related to the handling of the assets, except the case specified in Clause 10 of this Article.

4. Expenses related to the handling of marketplace infrastructure assets include:

a/ Expenses for asset inventory;

b/ Expenses for house and land measuring and drawing;

c/ Expenses for determination of the price and valuation of the assets;

d/ Expenses for the relocation, demolition, disposal and destruction of the assets;

dd/ Prices of auction services paid to auction organizations in case of successful auctions; expenses for asset auction paid to auction organizations in case of unsuccessful auctions; expenses for asset auction in case auctions are organized by the asset auction councils;

e/ Other reasonable expenses related to exploitation of public assets.

5. Expense levels:

a/ For expenses of which the criteria, norms and regimes have been specified by competent agencies or persons, such criteria, norms and regimes shall apply;

b/ Expenses for hiring services related to the handling of the assets must comply with signed contracts in accordance with law. The selection of service providers related to the handling of the assets must comply with law;

c/ For expenses other than those specified at Points a and b of this Clause, heads of the agencies or units assigned to handle the assets shall decide on the expense levels in conformity with the State’s current financial management regime and take responsibility for their decisions.

6. Within 30 days after remitting money to the holding account, the agency or unit assigned to organize the handling of marketplace infrastructure assets shall prepare 1 dossier of request for payment and send it to the holding account owner to pay for expenses for the exploitation of the assets. The head of the agency or unit assigned to organize the handling of marketplace infrastructure assets shall take responsibility before law for the accuracy of the expense items requested for payment.

A dossier of request for payment must comprise:

a/ A written request of the agency or unit assigned to organize the handling of marketplace infrastructure assets (specifying the proceeds from the handling of the assets, total expenses for the handling of the assets, and information on beneficiary accounts), enclosed with a detailed declaration of expense items: 1 original;

b/ The decision on handling of the assets, issued the competent agency or person: 1 copy;

c/ Documents and papers proving the expense items such as approved estimates; contracts on hiring the services of asset valuation, auction and demolition; invoices and receipts (if any): 1 copy of each document and paper.

7. Within 30 days after receiving the complete and valid dossier, the holding account holder shall provide money to the agency or unit assigned to organize the handling of marketplace infrastructure assets to pay expenses related to the handling of marketplace infrastructure assets.

8. Quarterly, the holding account owner shall remit into the state budget the remainder of the proceeds from the exploitation of the assets left after paying all expenses into the state budget in accordance with the law on the state budget.

9. In case there are no proceeds from the handling of the assets or the proceeds from asset handling are insufficient to offset the expenses, the deficit amount shall be taken from the state budget estimates or lawful funding sources of the agencies or units assigned to organize the handling of the assets.

10. In case of demolition of works to build new ones under investment projects, if expenses for demolition of the works have been included in the total investment amount of the projects on construction of new works approved by the agencies or agencies competent to decide on the construction investment, the management and use of the proceeds from the demolition of the works must comply with relevant laws, and Clauses 1 thru 9 of this Article shall not apply.

Section 7

MARKETPLACE INFRASTRUCTURE ASSET DATABASE AND REPORTS

Article 34. Marketplace infrastructure asset reports

1. Marketplace infrastructure assets must be declared and reported, and updated to the marketplace infrastructure asset database for uniform management.

2. Forms of reports on declaration of marketplace infrastructure assets:

a/ First-time declaration reports, made according to Form No. 01A provided in Appendix I to this Decree, when this Decree takes effect;

b/ Additional declaration reports, made according to Form No. 01B provided in Appendix I to this Decree, in case there is a change in the information on agencies or units assigned to management assets or in the asset information.

3. Agencies or units assigned to manage marketplace infrastructure assets shall make asset declaration reports according to Form Nos. 01A, 01B, 01C and 01D provided in Appendix I to this Decree and submit them to their superior management agencies for signing for confirmation and then input data to the marketplace infrastructure asset database.

The time limit for submission of a declaration report is 30 days after receiving the assets under the decision on asset management assignment of a competent agency or person or upon changes in the information on the agency assigned to manage assets or in the declared assets.

4. Agencies or units assigned to manage marketplace infrastructure assets shall make annual reports on the management, use and exploitation of such assets (including proceeds from asset handling and exploitation); specialized agencies in charge of marketplace infrastructure assets shall make reports on proceeds from implementation of the preceding-year asset exploitation plans and unscheduled reports as requested by competent state agencies. The time for cutting off reporting data is the end of a fiscal year.

5. Reports on the management, use and exploitation of marketplace infrastructure assets include:

a/ Reports on the exploitation of the assets by each method and results of exploitation of assets, made according to Form Nos. 02A, 02B, 02C and 02D provided in Appendix I to this Decree.

b/ Summary reports on the asset management, use and exploitation, made according to Form No. 03A provided in Appendix I to this Decree.

6. Time limits for submission of annual reports on the management, use and exploitation of marketplace infrastructure assets:

a/ Agencies or units assigned to manage the assets shall prepare reports and submit them to their superior management agencies (if any) and specialized agencies in charge of marketplace infrastructure assets for reporting to the competent People’s Committees before February 28 every year;

b/ Provincial-level People’s Committees shall summarize information on the management and use of marketplace infrastructure assets and submit them to the Ministry of Finance before March 15 every year;

c/ The Ministry of Finance shall summarize information on the management and use of marketplace infrastructure assets nationwide for submission to the Government for reporting to the National Assembly as requested and for disclosure of the assets nationwide.

7. State enterprises assigned the assets in the form of state capital investment in enterprises as specified in Article 16 of this Decree shall prepare reports on the asset management and use under Clauses 2, 3, 4 and 5 of this Article.

8. Reports on marketplace infrastructure assets shall be made in the form of paper document or electronic document.

Article 35. Marketplace infrastructure asset database

1. The marketplace infrastructure asset database is part of the National Database on Public Assets, and developed and uniformly managed nationwide; information in the database shall be as legally valid as paper dossiers.

2. The building and management of the marketplace infrastructure asset database must meet the following requirements:

a/ To conform with the architectural framework of the Vietnam’s E-Government and meet technical regulations of national databases and standards and technical regulations related to information technology, information security and techno-economic norms;

b/ To ensure the compatibility and integratability with the National Database on Public Assets; and ensure information sharing and capacity for expansion of data fields in system designs and application software.

3. Provincial-level People’s Committees shall direct agencies or units assigned to manage assets and specialized agencies in charge of marketplace infrastructure assets to prepare declaration reports and update data on marketplace infrastructure assets to the system of the database on public assets under regulations.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 36. Transitional provisions

1. Marketplaces that are built before the effective date of this Decree and cannot be renovated and upgraded to meet the classification criteria specified in Article 4 of this Decree shall be classified by competent agencies based on the number of existing business points the area of which shall be determined according to the regulations effective at the time the marketplaces are built and which must satisfy basic requirements for fire prevention and fighting, and food hygiene and safety.

2. For marketplace infrastructure assets invested and managed by the State, if competent agencies or persons have issued decisions on the handling of such assets in accordance with law before January 1, 2018, the handling of such assets must further comply with the signed decisions and regulations in effect at the time the handling decisions are issued.

Article 37. Effect

This Decree takes effect on August 1, 2024.

This Decree replaces the Government’s Decree No. 02/2003/ND-CP of January 14, 2003, on development and management of marketplaces, and the Government’s Decree No. 114/2009/ND-CP of December 23, 2009, amending and supplementing a number of articles of the Government’s Decree No. 02/2003/ND-CP of January 14, 2003, on development and management of marketplaces.

Article 38. Implementation responsibility

1. The Ministry of Industry and Trade shall:

a/ Assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, studying and proposing, competent authorities to promulgate, amend or supplement mechanisms, policies, programs and tasks related to development and management of marketplaces;

b/ Direct and organize further training on development and management of marketplaces;

c/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, examining the implementation of regulations on policies for development and management of marketplaces according to its competence.

2. The Ministry of Planning and Investment shall:

Within the ambit of its functions, tasks and powers, guide the selection of investors for marketplace construction investment projects according to relevant regulations.

3. The Ministry of Finance shall:

a/ Provide regulations on the management, calculation and deduction of depreciation of marketplace infrastructure assets;

b/ Guide the accounting of marketplace infrastructure assets;

c/ Assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, building a database on marketplace infrastructure assets invested and managed by the State nationwide and integrating it into the National Database on Public Assets;

d/ Provide guidance on the implementation of regulations on management, use, and exploitation of marketplace infrastructure assets invested and managed by the State as specified in Chapter IV of this Decree.

4. The Ministry of Construction shall:

Guide the organization of the implementation of regulations related to construction standards and norms, and the maintenance process of marketplace infrastructure assets within the ambit of its functions and tasks.

5. The Ministry of Natural Resources and Environment shall:

Guide and direct provincial-level People’s Committees to examine and supervise the use of land under marketplaces according to regulations.

6. The Ministry of Public Security shall:

Assume the prime responsibility for, and coordinate with related ministries and sectors in, performing the state management of fire prevention and fighting, ensuring social order and safety within, and in areas surrounding, marketplaces; coordinate with related ministries and sectors in formulating, amending and supplementing master plans related to marketplaces and regulations on the trades and sectors subject to conditional trading in terms of security and order at marketplaces.

7. The Ministry of Culture, Sports and Tourism shall:

Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, promoting and linking tourism activities and marketing for marketplaces with historical, cultural, architectural and landscape value, including night markets; manage and conserve marketplaces that have been classified as cultural or historical relics according to regulations on cultural heritage.

8. Provincial-level People’s Committees shall:

a/ Decentralize the management of marketplaces in their localities to district- and commune-level People’s Committees in conformity with local realities and current regulations; direct People’s Committees at all levels to review and announce the classification of marketplaces;

b/ Promulgate or propose to competent authorities to promulgate policies, measures and solutions to mobilize and exploit resources for developing the marketplaces network;

c/ Define the responsibilities of People’s Committees at all levels in eliminating unauthorized business points;

d/ Review, study and formulate policies for the development of night markets, community markets, and marketplaces with historical, cultural and architectural value in their localities according to regulations;

dd/ Promulgate the process for transforming models of marketplace management, operation and exploitation with the main contents specified in Appendix II to this Decree;

e/ Direct the review of market infrastructure assets invested and managed by the State;

g/ Direct the implementation, examination, inspection and supervision of the implementation of laws and policies on development and management of marketplaces.

9. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendices to this Decree are not translated.