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

DECREE

On development and management of markets

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

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

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

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Civil Code dated November 24, 2015;

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

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

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

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

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

Pursuant to the Law on Planning dated November 24, 2017;

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

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Bidding dated June 23, 2023;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree on development and management of markets.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes policies and mechanisms for the development and management of markets, including: investment in construction of markets (including new construction, repair, and renovation); market-managing entities and business activities within the markets; management, use, and utilization of market infrastructure assets invested in and managed by the State.

Article 2. Subjects of application

Authorities, organizations, and individuals involved in market development and management activities.

Article 3. Interpretation of terms

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

1. The markets regulated in this Decree are those organized at locations outlined in relevant master plans and development plans to meet the needs of buying, selling, exchanging goods, and the consumption needs of the citizens.

2. The marketplace means the designated area for market operations, including: areas for business locations; operation centers; internal roads; service areas (such as parking lots, restrooms, warehouses, waste collection and treatment areas, food and beverage areas, entertainment areas, and other services).

3. Wholesale market means a market that gathers goods from various production and business sources for distribution to other markets and other distribution and circulation channels.

4. Wet market means a market where goods produced, grown, and traded by local people are bought and sold. These goods are typically common and essential items that cater to the daily needs of the citizens.

5. Business locations in markets, including counters, stalls, kiosks and shops that are permanently located within the marketplace under the respective markets’ construction designs. Each business location within the market has a minimum area of 3 square meters.

6. Permanently built markets are those built to ensure that they have a service life of over 10 years.

7. Semi-permanently built markets are those built to ensure that they have a service life of between 5 and 10 years.

8. Makeshift market means a market that has been planned but not yet permanently or semi-permanently built; or an area temporarily designated for business by local authorities.

9. Unauthorized business location means a location or area of business that spontaneously emerges and is not included in the local market master plan or development plan.

10. Rural market means a market located in an administrative division other than a ward within a town, district, or city.

11. Night market means a market organized in an area or location designated for local nighttime economic development, operating from 6 p.m. the previous evening to 6 a.m. the following morning.

12. Community market means a place where goods produced, grown, and traded by local people are bought and sold. These goods are typically common and essential items authorized by competent authorities serving the local community.

13. Market investment, business, utilization, and management enterprise means an enterprise established and operating in accordance with the law regulations, carrying out the investment, construction, business, utilization, and management of markets.

14. Market investment, business, utilization, and management cooperative means a cooperative established and operating in accordance with the law regulations, carrying out the investment, construction, business, utilization, and management of markets.

15. The specialized authority designated to manage market infrastructure assets means an authority under the provincial-level People's Committee or the district-level People's Committee assisting such People's Committee in exercising the State governance over market infrastructure assets invested in and managed by the State within the respective provincial-level locality (hereinafter referred to as the specialized authority for market infrastructure assets).

16. Market infrastructure assets (including land and assets attached to land) invested in and managed by the State include:

Market halls and other covered facilities, operation centers of the market-managing entities within the markets, restrooms, warehouses, parking lots, waste collection and treatment areas, security rooms, places of worship (if any), and cold storage warehouses (if any);

Technical systems including: traffic facilities, water supply and drainage systems, electrical systems, information systems, surveillance camera systems, ventilation and air conditioning systems, fire prevention and firefighting systems, and waste collection systems;

Other facilities within the marketplace.

Article 4. Classification of markets

1. Classification of markets by business model:

a) Wholesale markets are those that have the functionality as prescribed in Clause 3, Article 3 of this Decree and meet the following criteria:

Scale (area): The minimum land area of such a market is 10,000 square meters, excluding the yard, roads, parking lots, and other auxiliary facilities.

Location: They are connected by various modes of transportation, thereby facilitating the circulation of goods.

Categories of facilities include:

Essential facilities: parking lots, water supply and drainage systems, wastewater treatment systems, waste and scrap collection points, restrooms, warehouses, and goods loading and unloading areas;

Facilities subject to technical requirements: fire safety, food safety and environmental protection, and climate change adaptation in accordance with the law regulations;

Primary facilities: goods trading areas by product categories (including wholesale and retail areas); head offices; inspection, control, and quarantine area (for animal and plant-based goods for export and import), traceability and quality management area; sorting, preliminary processing, packaging, and packing area; warehouse and goods delivery and receiving area; essential service support area, and loading and unloading area for trucks and containers.

Wholesale markets that have been invested in, constructed, and are operating before this Decree takes effect may continue to operate in accordance with their investment projects.

b) Community markets are those that serve the purposes and have the functionality as prescribed in Clause 4, Article 3 of this Decree.

2. Classification of markets by scale

a) Class-1 markets:

Those accommodating over 400 business locations each and being invested in and built permanently under master plans;

Their marketplaces are suitable for the scale of their operations and they organize at least the operations such as parking management, public sanitation, and others.

b) Class-2 markets:

Those accommodating between 200 and 400 business locations each, and being invested in and built permanently or semi-permanently under master plans;

Their marketplaces are suitable for the scale of their operations and they organize at least the operations such as parking management, public sanitation, and others.

c) Class-3 markets:

Those accommodating less than 200 business locations each or having not yet invested in and built permanently or semi-permanently;

Their marketplaces are suitable for the scale of their operations and they organize at least the operations such as public sanitation.

3. Classification of markets by source of capital:

a) Markets in which investments are sourced from the State Budget:

The investment, construction, management, and business operations within such a market shall comply with Chapter II and Chapter III of this Decree and other relevant law regulations;

The management, use, and utilization of market infrastructure assets invested in and managed by the State shall comply with Chapter IV of this Decree.

b) Markets in which investments are sourced from the non-State Budget sources (including other legal sources as prescribed by law):

The investment, construction, management, and business operations within such a market shall comply with Chapter II and Chapter III of this Decree and other relevant law regulations.

Chapter II
INVESTMENT IN CONSTRUCTION OF MARKETS

Article 5. Market development plans

1. Based on the provincial-level master plans, provincial-level socio-economic development plans and other relevant plans as well as the local development demand, the provincial-level People's Committees shall issue market development plans to invest in new construction, renovation, and upgrading of markets; attract investments to develop the market system in their respective localities.

2. A market development plan shall comprise the following main details:

a) Legal basis and the necessity for construction;

b) Objectives;

c) Tasks and solutions;

d) Market development solutions (investment, construction, development, expansion, renovation of the market and other relevant issues);

dd) Implementation.

Article 6. Investment in construction of markets

1. Market shall be invested in and constructed in accordance with the provincial-level master plans, the provincial-level socio-economic development plans, and other relevant plans.

2. The capital sources for market construction include: State budget capital and non-State budget capital sources (including other legal sources as prescribed by law).

3. State budget capital shall be used to support the investment and construction of community market and wholesale market projects in accordance with the law regulations on public investment and State budget. The support for site clearance from the State budget for wholesale markets shall comply with the law regulations on public investment and other relevant law regulations.

4. Local authorities shall, on their own, balance the State budget resources to invest in or support market development in their respective localities depending on the actual situation and urgency thereof, and in accordance with the law regulations on public investment, State budget, and other relevant law regulations.

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

6. Market investment projects are entitled to investment incentives, the State’s investment credit policies, and investment socialization policies in accordance with the law regulations.

7. Depending on the investment source and land use conditions, market investment and construction projects shall be carried out in accordance with the respective applicable law regulations.

Article 7. Rights and obligations of market construction project owners

1. Rights of market construction project owners:

a) Market construction project owners are entitled to investment incentives and loans from Development Investment Funds in accordance with the Government’s regulations on the organization and operation of local Development Investment Funds;

b) Other rights as prescribed by the law.

2. Obligations of market construction project owners:

a) To invest in and construct markets in accordance with applicable regulations on investment, construction, and relevant law regulations;

b) To ensure maintenance work during the market investment and construction project period;

c) Owners of projects on construction, reconstruction, or relocation of markets shall coordinate with competent authorities to publicly disclose information at the headquarters of competent State authorities and other relevant locations, and invite comments from relevant parties in accordance with the law regulations. The minimum period for public information disclosure is 30 days (excluding holidays and Tet holidays);

d) Owners of projects on construction, reconstruction, or relocation of markets shall formulate plans and adopt policies to support relocation; ensure continuous operations of makeshift markets; develop plans for the utilization, arrangement, and organization of business locations within the markets, and invite comments of market vendors;

dd) Owners of projects on construction of new markets must ensure compliance with law regulations regarding the arrangement of facilities within the marketplace. For renovated and upgraded markets, attention shall be paid to regulations regarding fire prevention and firefighting, water supply and drainage, public sanitation, lighting, ventilation, and parking lots as prescribed;

e) Other obligations as prescribed by law.

Chapter III
MARKETPLACE MANAGING ENTITIES AND BUSINESS ACTIVITIES WITHIN THE MARKETPLACES

Article 8. Market managing entities

Market managing entities include: market developers; enterprises or cooperatives that invest, operate, utilize, and manage the markets; entities designated to manage market infrastructure assets as prescribed in Clause 1 and Clause 2, Article 15 of this Decree; and entities utilizing market infrastructure assets as prescribed in Article 24 and Article 25 of this Decree.

Article 9. Rights and responsibilities of market-managing entities

1. To organize and implement market management and services supporting market operations in accordance with this Decree and relevant law regulations.

2. To carry out the renovation, upgrading, maintenance, and repair of the markets in accordance with regulations; ensure fire safety, environmental sanitation, water resource protection, security and public order, food safety, and measurement within the markets and their business areas.

3. To establish internal rules of markets as prescribed in Article 10 of this Decree, organize and manage market operations in accordance with the markets' internal rules, and handle violations of the markets' internal rules within their competence.

4. To sign contracts with vendors for rent and use of business locations in the markets and other services in accordance with the law regulations.

5. To disseminate and inform market vendors about relevant policies and law regulations.

6. To coordinate with competent authorities in implementing regulations on disease prevention and control.

7. To compile and report on the markets’ operational status as requested by competent authorities.

8. To maintain market operations to ensure the buying, selling, and exchange of goods under normal conditions as well as at the request of competent authorities when necessary.

9. In addition to the above obligations, market-managing entities as prescribed in Clause 1 and Clause 2 of Article 15, Article 24, and Article 25 of this Decree shall manage and use public property in accordance with the law regulations.

Article 10. Markets’ internal rules

1. The internal rules of a market must include mainly the following:

a) Opening hours;

b) The rights and obligations of market vendors;

c) The regulations on goods and services to be traded in the markets;

d) Regulations applicable to individuals coming to the market for transactions, trading, visiting, or performing official duties;

dd) Regulations applicable to market management staff and employees;

e) Fire prevention and firefighting, natural disaster prevention;

g) Security and public order within the market;

h) Environmental sanitation and food safety;

i) Civilized trade practices and codes of conduct within the market;

k) The requirements on organizing and participating in cultural and social activities in the markets;

l) The regulations on handling of violations in the markets;

m) Other regulations.

2. The markets’ internal rules must be displayed publicly and conspicuously in easily visible and accessible locations within the markets and disseminated to all market vendors.

3. Organizations and individuals engaged in the purchase, sale, and exchange of goods and services within the market, as well as other relevant organizations and individuals, must comply with the law regulations and such market’s internal rules.

4. Violations of the markets' internal rules shall be sanctioned by the market managing entities within their competence.

5. Provincial-level People's Committees shall promulgate model internal rules for uniform elaboration of markets’ internal rules and application to all markets located in their respective localities.

Article 11. Management of business locations in markets

1. Market managing entities shall:

a) Draw up plans for utilization and arrangement of business areas and the use of business locations in the markets and inform the competent People’s Committee.

b) Sign contracts with vendors leasing business locations in accordance with the solutions to utilize, arrange, and organize business areas and use business locations within the market, as prescribed by law;

c) Arrange and organize vendors using business locations in accordance with the solutions to utilize, arrange, and organize business areas and use business locations within the market.

2. The lease term for any business location within the market shall be agreed upon by the parties, unless otherwise prescribed by law. The lease term for any business location within the market must be prescribed in the contract signed between the market managing entity and the market vendor.

3. The provincial-level People's Committees shall provide guidelines and regulations on the management of business locations within the market in accordance with this Article, thereby ensuring social security, food hygiene and safety, and security and public order.

Article 12. The rights and obligations of market vendors

1. Market vendors have the rights to:

a) Market vendors with contracts for using or leasing business locations in a market have the rights to conduct business operations under the signed contracts;

b) Market vendors may transfer or sublease their contractually valid business locations to other vendors with written approval of the respective market-managing entities;

c) Non-regular vendors are allowed to sell their goods in separate areas within the markets and must comply with the markets' internal rules.

2. Market vendors have the obligations to:

a) Market vendors must abide by the business area layout plans of the market-managing entities;

b) Market vendors, in addition to complying with the law regulations, shall follow the respective markets’ internal rules and submit to the management by the market-managing entities;

c) Goods and services traded by the vendors in the market must not be among those prohibited by law and must meet the conditions prescribed by law for goods and services that are restricted from being traded or subject to conditions when being traded;

d) The business lines of market vendors must not be among those prohibited for investment and trading by law, and must meet the conditions prescribed by law for conditional investment and business lines.

Chapter IV
MANAGEMENT, USE, AND UTILIZATION OF MARKET INFRASTRUCTURE IN ASSETS INVESTED AND MANAGED BY THE STATE

Section 1
PRINCIPLES OF IMPLEMENTATION

Article 13. Principles for management, use, and utilization of market infrastructure assets invested in and managed by the State

1. Market infrastructure assets shall be assigned by competent State authorities to eligible entities to manage and use in accordance with the specific conditions of the market scale, socio-economic characteristics of each locality, and law regulations.

The allocation or lease of land, the collection, exemption or reduction of land rentals, and the management and use of land associated with market infrastructure assets shall comply with the law regulations on land and relevant law regulations.

2. The provincial-level People's Committees shall designate competent authorities to conduct State governance over market infrastructure assets in their respective localities, ensuring the consistency and clear decentralization of competence and responsibility of each authority, and responsibility for coordination among authorities, which shall be suitable for the size of the respective markets and compliant with law regulations, and socio-economic characteristics of the respective localities.

3. The State encourages social engagement to mobilize and diversify resources for the maintenance, development, and utilization of market infrastructure assets.

4. Market infrastructure assets shall be fully inventoried and accounted for in terms of both physical items and value, depreciated, and maintained in accordance with the law regulations. Entities designated to manage market infrastructure assets as prescribed in Clause 1 and Clause 2 of Article 15 of this Decree, and relevant organizations, shall carry out accounting in accordance with applicable regulations.

5. Market infrastructure assets must be managed, used, and utilized in a public and transparent manner. Social security objectives shall be ensured while fair relocation and compensation plans shall be in place. Safety and public order shall be maintained while State-owned assets shall be protected from any loss or damage. Supervision, inspection, examination, and audit procedures should be in place and relevant master plans shall be adhered to. Structures with historical, cultural, or architectural value should be protected and preserved. Any law violations regarding the management, use, or utilization of market infrastructure assets must be dealt with swiftly and strictly in accordance with the law regulations.

6. Market infrastructure assets that are managed, used, and utilized ineffectively against the master plans approved by competent authorities, or not in line with the original their purposes, shall be subject to land recovery procedures for land associated with such assets in accordance with the law regulations on land and relevant law regulations.

Article 14. Principles for handling assets when the entities to which market infrastructure assets are assigned change their operational models

1. Assets of a public non-business unit which changes its operational model into a State-invested joint-stock company shall be handled in accordance with the regulations on the conversion of public non-business units into joint-stock companies.

2. Assets of a State-owned enterprise which changes its operational model into a State-invested joint-stock company shall be handled in accordance with the law regulations on equitization of State-owned enterprises.

Section 2
ASSIGNMENT OF MARKET INFRASTRUCTURE ASSETS

Article 15. Entities to which market infrastructure assets are assigned and forms of market infrastructure asset assignment

1. Entities to which market infrastructure assets managed by the provincial level are assigned:

a) Public non-business units;

b) Enterprises whose 100% charter capital held by the State (hereinafter referred to as State-owned enterprises);

c) Provincial-level specialized authorities for market infrastructure assets.

2. Entities to which market infrastructure assets managed by the district-level authorities are assigned:

a) Public non-business units;

b) Commune-level People's Committees;

c) District-level specialized authorities for market infrastructure assets.

3. Forms of market infrastructure asset assignment:

a) Assigning market infrastructure assets by recording them as an increase in assets of public non-business unit as prescribed at Point a, Clause 1 and Point a, Clause 2 of this Article (hereinafter referred to as units), and of commune-level People's Committees as prescribed at Point b, Clause 2 of this Article (hereinafter referred to as authorities);

b) Assigning the assets to State-owned enterprises for management as State capital investment in enterprises to carry out market business activities, in accordance with the law regulations on management and use of State capital invested in production and business in enterprises, law regulations on enterprises, and relevant law regulations;

c) Assigning the assets to the specialized authorities for market infrastructure assets to develop utilization plans in cases where assets have been assigned to public non-business units or commune-level People's Committees but, in reality, their management, use, and utilization were not effective.

Article 16. Decision-making competence; process and procedures for assigning market infrastructure assets managed by the provincial level

1. Decision-making competence for assignment of market infrastructure assets

The provincial-level People’s Committees shall consider and decide on the assignment of market infrastructure assets under local management to State-owned enterprises, public non-business units, or specialized authorities for market infrastructure assets under their ambit.

2. Procedures for deciding on the assignment of newly constructed market infrastructure assets and market infrastructure assets transferred into public ownership:

a) The project owner (for newly constructed market infrastructure assets), or the entity in charge of asset management (for market infrastructure assets transferred into public ownership in accordance with Article 106 of the Law on Management and Use of Public Property), shall submit a written request along with the asset documentation to the provincial-level specialized authority for market infrastructure assets. Such a dossier shall comprise:

01 original written proposal of the project owner/entity in charge of asset management for assigning assets to the managing entity;

01 original decision on approval of the construction investment project;

01 original written request for asset assignment of the managing entity (if the assets are to be assigned to a State-owned enterprise or a public non-business unit);

01 original list of assets proposed for assignment (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

01 original written record of acceptance inspection for putting assets into use (for newly constructed assets);

01 original decision on transfer into public ownership (for assets transferred into public ownership in accordance with Article 106 of the Law on Management and Use of Public Property);

01 copy of the as-built record (for new constructions);

01 copy of any relevant document (if any).

b) Within 60 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the provincial-level specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant local authorities and units in, submitting it to the provincial-level People's Committee for consideration and decision on asset assignment. A decision on asset assignment shall comprise the following main details:

Name of the entity to which the assets are assigned;

Forms of asset assignment;

List of assets (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

Responsibilities for implementation.

3. Within 30 days from the date of the provincial-level People's Committee's decision on asset assignment, relevant authorities, units, and enterprises shall carry out the handover and receipt of assets. The handover and receipt of assets must be documented in a written record using Form No. 05 in Appendix I to this Decree.

4. After the market infrastructure assets are received, they shall be managed and used as follows:

a) In the case of assigning market infrastructure assets as State capital investment in enterprises, the management, use, and utilization of assets shall be carried out in accordance with the law regulations on management and use of State capital invested in production and business in enterprises, relevant law regulations, and the following regulations:

The exercise of the rights and obligations of enterprises in relation to market infrastructure assets must ensure the State's ownership of market infrastructure assets assigned to such enterprises for management;

Market infrastructure assets may not be used for mortgage, pledge, or other security measures to fulfill civil obligations;

The functionality shall not be changed in line with changing the land use purposes;

For market facilities that are no longer needed for market-related purposes and the enterprise voluntarily returns the land attached to those facilities to the local authorities, respective compensation and support shall comply with the law regulations on land;

The reporting regime on management and use of market infrastructure assets as prescribed in this Decree shall be fully implemented;

Finalize the legal documents on land, manage and use land associated with such market infrastructure assets in accordance with the law regulations on land and relevant law regulations.

b) For assets assigned to specialized authorities for market infrastructure assets or public non-business units for management, the management, use, and utilization thereof shall comply with this Decree. The authorities or units, to which the assets are assigned, shall be responsible for managing and using land associated with such market infrastructure assets in accordance with the law regulations on land and relevant law regulations.

Article 17. Decision-making competence; process and procedures for assigning market infrastructure assets managed by the district-level authorities

1. The district-level People's Committees shall consider and decide on the assignment of market infrastructure assets under their management.

2. Process and procedures for making decision on assignment of market infrastructure assets:

a) The project owner (for newly constructed market infrastructure assets), or the entity in charge of asset management (for market infrastructure assets transferred into public ownership in accordance with Article 106 of the Law on Management and Use of Public Property), shall submit a written request along with the asset documentation to the district-level specialized authority for market infrastructure assets. Such a dossier shall comprise:

01 original written proposal of the project owner/entity in charge of asset management for assigning assets to the managing entity;

01 original decision on approval of the construction investment project;

01 original written request to be assigned the assets;

01 original list of assets proposed for assignment (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

01 original written record of acceptance inspection for putting assets into use (for newly constructed assets);

01 original decision on transfer into public ownership (for assets transferred into public ownership in accordance with Article 106 of the Law on Management and Use of Public Property);

01 copy of the as-built record (for new constructions);

01 copy of any relevant document (if any).

b) Within 60 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the district-level specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant local authorities and units in, submitting it to the district-level People's Committee for consideration and decision on asset assignment. A decision on asset assignment shall comprise the following main details:

Name of the entity to which the assets are assigned;

Forms of asset assignment;

List of assets proposed for assignment (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

Responsibilities for implementation.

3. Within 30 days from the date of the district-level People's Committee's decision on asset assignment, relevant authorities and units shall carry out the handover and receipt of assets. The handover and acceptance of assets must be documented in a written record using Form No. 05 in Appendix I to this Decree.

4. After the market infrastructure assets are received, they shall be managed, used and utilized in accordance with this Decree. The authorities or units, to which the assets are assigned, shall be responsible for managing and using land associated with such market infrastructure assets in accordance with the law regulations on land and relevant law regulations.

Section 3
DOSSIERS OF MANAGEMENT, ACCOUNTING, AND MAINTENANCE OF MARKET INFRASTRUCTURE ASSETS

Article 18. Management dossiers of market infrastructure assets

1. Management dossiers of market infrastructure assets include:

a) Documentation related to the formation and changes of assets:

Decisions on asset assignment or reassignment by authorized authorities or individuals; asset handover records;

Legal documents related to land (Decision on land allocation or land lease; Land lease contract; Certificate of land use rights and ownership of land-attached assets);

Other relevant dossiers and documents.

b) Firs-time declaration report and supplementary declaration reports as prescribed in Article 34 of this Decree (made using Forms No. 01A, 01B, 01C, and 01D in Appendix I to this Decree).

c) Reports on the management, use, and utilization of assets as prescribed in Sections 4 and 5, Chapter IV of this Decree (made using Forms No. 02A, 02B, 02C, 02D, 03A, 03B, 03C, 03D, and 03DD in Appendix I to this Decree).

d) Information in the market infrastructure asset database as prescribed in Article 35 of this Decree.

2. The authority, unit, enterprise, or specialized authority for market infrastructure assets, which is designated to manage market infrastructure assets shall be responsible for compiling, managing, and storing dossiers related to such assets in accordance with the law regulations; and make reports as prescribed in this Decree.

Article 19. Accounting of market infrastructure assets

1. The authority or unit designated to manage market infrastructure assets shall:

a) Open ledgers and carry out asset accounting in accordance with the law regulations on accounting and this Decree;

b) Report on the increase, decrease, depreciation, and wear and tear of assets in accordance with the law regulations.

2. Principles of making accounting entries in certain cases:

a) For market infrastructure assets in use before the effective date of this Decree that already have value information in the accounting books, the existing value information shall be used for accounting entries.

b) For market infrastructure assets in use before the effective date of this Decree but not yet tracked or recorded in the accounting books, their value shall be determined based on the actual reassessment or the investment value of a project with similar level, grade, scale, and capacity, after deducting the value during the time they have been already used, for accounting entries.

c) For market infrastructure assets that are procured, invested in, constructed, and completed for use from the effective date of this Decree onwards, the book value recorded in the accounting books shall be the procurement or account-finalized value in accordance with the regulations.

In cases where the assets are newly constructed, completed, and put into use but have not yet been approved for account finalization by the relevant authorities or persons, the provisional original costs shall be used for accounting entries. Such provisional original cost shall be determined in the following order of priority: the proposed account-finalized value; value determined according to the Acceptance Record A-B; and the estimated value of the approved project. When the account finalization is approved, the accountant shall adjust the book value in accordance with the law regulations on accounting.

d) In cases where market infrastructure assets are repaired, upgraded, or expanded under a project approved by the competent authority or person during their management and use, when the account finalization of the project is approved by the competent authority or person, the accountant shall increase the asset value according to the approved account-finalized value.

Article 20. Maintenance of market infrastructure assets

1. Market infrastructure assets must be maintained in accordance with procedures, processes, plans, and standards to ensure the technical condition of the assets is sustained, and to guarantee normal and safe operation during their use and utilization.

2. The maintenance costs for market infrastructure assets shall be calculated in accordance with law regulations on construction maintenance costs.

3. The maintenance costs for market infrastructure assets are accounted for as business costs of the unit designated to manage the market infrastructure assets in the accounting period, in accordance with accounting and relevant law regulations.

4. In cases where the right to utilize assets is leased or is transferred for a definite term, and the contract specifies that the lessee or transferee is responsible for asset maintenance, then such lessee or transferee shall carry out the maintenance in accordance with law regulations and the signed contract using their own funds.

5. For assets assigned to State-owned enterprises as prescribed at Point b, Clause 1, Article 15 of this Decree, the maintenance of the assets shall be carried out in accordance with the law regulations on construction and enterprises, and relevant regulations.

6. For assets assigned to public non-business units, commune-level People's Committees, or specialized authorities for market infrastructure assets as prescribed at Points a and c, Clauses 1 and 2, Article 15 of this Decree, the provincial-level People's Committee shall, depending on specific conditions, consider and decide on allocating funds for asset maintenance from revenues generated from the utilization and handling of market infrastructure assets or from the State budget (in cases where revenues are insufficient to cover expenses). The maintenance funds allocated from the State Budget shall comply with the law regulations on the State Budget.

Article 21. Organization of maintenance of market infrastructure assets

1. The process and procedures for preparing and approving the plan, and budgeting for the maintenance of market infrastructure assets shall comply with the law regulations on State budget:

a) Based on technical standards, norms, maintenance unit prices, and the scope of work required, the authority or unit designated to manage the assets shall plan and budget for asset maintenance (unless otherwise prescribed in Clauses 4 and 5, Article 20 of this Decree), and report them to the higher-level management authority (if applicable) for the latter to submit them to the provincial-level People's Committee for consideration and consolidation thereof into the annual State budget estimates in accordance with the law regulations on State budget;

b) Based on the decision on the allocation of State budget funds by the competent authority or person, the provincial-level People's Committee shall allocate the State budget estimates for maintenance of market infrastructure assets to the authority or unit designated to manage the assets;

c) The authority or unit designated to manage market infrastructure assets shall implement the State budget estimates for asset maintenance in accordance with law regulations.

2. The process and procedures for preparing and approving the plan, and budgeting for 3-year and 5-year mid-term maintenance of assets shall comply with the law regulations of the State financial and budgetary planning applicable to 3-year and 5-year financial plans.

3. The entity to carry out maintenance of market infrastructure assets shall be selected in accordance with law regulations on bidding and relevant law regulations, unless otherwise the State places orders or assigns tasks in accordance with the Government’s regulations on production and supply of public utility products or services, or assigns maintenance tasks to construction contractors in accordance with the law regulations.

4. The payment and account-finalization of funds for maintenance of market infrastructure assets shall comply with the law regulations on State budget and relevant law regulations.

Section 4
UTILIZATION OF MARKET INFRASTRUCTURE ASSETS

Article 22. Methods of utilizing market infrastructure assets

1. Direct utilization of market infrastructure assets.

2. Leasing of the right to utilize market infrastructure assets

3. Transfer of the right to utilize market infrastructure assets for a definite term

4. Other methods as prescribed by law.

Article 23. Direct utilization of market infrastructure assets

1. The organization, authority, or enterprise to which the market infrastructure assets assigned shall directly utilize the assets under the plan on utilizing, arranging and managing business lines, and using business locations in the market as prescribed in this Decree.

2. The organization, authority, or enterprise to which the market infrastructure assets are assigned shall perform tasks to ensure the operation of the market.

Article 24. Leasing of the right to utilize market infrastructure assets

1. The leasing of the right to utilize market infrastructure assets shall apply to existing market infrastructure assets (not associated to investment in upgrading or expanding the markets under projects approved by competent authorities). The leasing of rights to utilize market infrastructure assets applies to assets assigned to specialized authorities for market infrastructure assets, public non-business units, and commune-level People's Committees for management. It does not apply to assets assigned to enterprises for management.

The lease term of the right to utilize market infrastructure assets shall be specifically determined in the scheme for leasing the right to utilize market infrastructure assets.

2. Competence to approve the scheme for leasing the right to utilize market infrastructure assets:

a) The provincial-level People's Committees shall approve the scheme for leasing the right to utilize market infrastructure assets managed by the provincial level.

b) The district-level People's Committees shall approve the scheme for leasing the right to utilize market infrastructure assets managed by the district-level authorities.

c) For market infrastructure assets related to national defense and security, the provincial-level People's Committees shall invite comments from the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and authorities. Based on such comments, they shall defer to the Prime Minister on the schemes before approving them within their competence.

3. The leasing of the right to utilize market infrastructure assets shall be put up for auction. In addition to the conditions prescribed by law regulations on property auctions, any organization participating in the auction for leasing the right to utilize market infrastructure assets must meet the following conditions:

a) It must have a decision on defining the functions, tasks, powers, and organizational structure of the competent authority or person, if it is a public non-business unit, or a certificate of business registration, if it is for enterprise or cooperative, as prescribed in Clauses 13 and 14, Article 3 of this Decree.

b) It must demonstrate its financial capability, as well as possess the capacity and experience in managing, operating, and utilizing markets.

4. Process and procedures for leasing of the right to utilize of market infrastructure assets

a) The entity designated to manage the assets prepares the scheme for leasing the right to utilize such assets using Form 04A in Appendix I to this Decree and submits it in writing to the specialized authority for market infrastructure assets (if the entity designated to manage the assets is not the specialized authority for market infrastructure assets). In cases where a district-level authority or unit is designated to manage market infrastructure assets, such authority or unit shall prepare the scheme and submit it to the district-level People's Committee for the latter to send it in writing to the provincial-level specialized authority for market infrastructure assets;

b) Within 45 days from the date of receiving the written request enclosed with the scheme proposal as prescribed at Point a of this Clause, the provincial-level specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant local authorities and units in reviewing the scheme and submitting it to the competent People's Committee prescribed in Clause 2 of this Article for consideration and decision. A decision on approving the scheme for leasing the right to utilize market infrastructure assets shall contain the following main details:

The entity whose assets are available for leasing the right to utilize;

List of assets to be leased (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

The lease term of the utilization right;

The method of leasing the utilization right;

Management of the proceeds from leasing the utilization right;

Responsibilities for implementation.

5. Based on the scheme for leasing the right to utilize market infrastructure assets approved by the competent authority, the entity designated to manage the assets shall:

a) Calculate the starting bid for leasing the right to utilize the assets as prescribed in Article 26 of this Decree;

b) Organize the auction for leasing the right to utilize the assets in accordance with the law regulations on asset auction;

c) Sign the contract to lease the right to utilize the assets in accordance with the law regulations.

6. A contract to lease the right to utilize market infrastructure assets shall contain the following main details:

a) Information of the lessor;

b) Information of the lessee;

c) 01 original list of assets for which the right to utilize them is leased (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

d) The lease term; rental price; method and deadline for rental payment; late payment fees (if applicable); responsibility for maintenance of assets;

dd) Rights and obligations of the involved parties;

e) Responsibilities for implementation.

7. Rights of the lessee of the right to utilize market infrastructure assets:

a) To directly organize the operation and utilization of assets in accordance with the law regulations and the signed contract;

b) To decide on the operation and utilization of assets in compliance with relevant law regulations;

c) To collect revenues from market operations in accordance with the law regulations and the signed contract;

d) To exercise other rights of the lessee of property rights in accordance with law regulations.

8. The obligations of the lessee of the right to utilize market infrastructure assets:

a) To protect the leased assets; prevent encroachment or unauthorized use of the assets;

b) To use and utilize the leased assets for their intended purposes only; neither to change their intended uses nor transfer, sell, donate, contribute them as capital, mortgage them, or use them as the security measures to fulfill other civil obligations;

c) To maintain the assets in accordance with the signed contract and law regulations;

d) To pay the rental for leasing the right to utilize the assets in full and on time under the contract;

dd) Periodically or upon request by the lessor, the lessee is responsible for informing the lessor about the condition of the assets, thereby ensuring the market's operations.

In case of construction incidents, the lessee is responsible for promptly informing the lessor to implement remedies as prescribed by law;

e) To submit to inspection and supervision by the lessor; coordinate with the lessor to resolve any arising problems;

g) To perform other responsibilities as prescribed by law and the contract.

9. The specialized authority for market infrastructure assets shall regularly inspect and monitor the implementation of the scheme for leasing the right to utilize market infrastructure assets approved by the competent authority or person.

10. The proceeds from leasing the right to utilize market infrastructure assets shall be managed and used in accordance with Article 32 of this Decree.

Article 25. Transfer of the right to utilize market infrastructure assets for a definite term

1. The definite-term transfer of the right to utilize market infrastructure assets shall apply to existing market infrastructure assets associated to investment in upgrading or expanding the markets under projects approved by competent authorities. The definite-term transfer of the right to utilize market infrastructure assets applies to assets assigned to specialized authorities for market infrastructure assets or public non-business units for management. It does not apply to assets assigned to enterprises for management.

The term of transfer of the right to utilize market infrastructure assets shall be determined in detail within the scheme for transferring the right to utilize market infrastructure assets for a definite time and the transfer contract, but it cannot exceed a maximum of 50 years.

2. Competence to approve the scheme for transferring the right to utilize market infrastructure assets for a definite term:

a) Provincial-level People’s Committees shall approve the schemes for transferring the right to utilize market infrastructure assets for a definite term;

b) For market infrastructure assets related to national defense and security, the provincial-level People's Committees shall invite comments from the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and authorities. Based on such comments, they shall defer to the Prime Minister on the schemes before approving them within their competence.

3. The definite-term transfer of the right to utilize market infrastructure assets shall be put up for auction. In addition to the conditions prescribed by law regulations on property auctions, any organization participating in the auction for transfer of the right to utilize market infrastructure assets must meet at least the following conditions:

a) It must have a decision on defining the functions, tasks, powers, and organizational structure of the competent authority or person, if it is a public non-business unit, or a certificate of business registration, if it is for enterprise or cooperative, as prescribed in Clauses 13 and 14, Article 3 of this Decree.

b) It must demonstrate its financial capability, as well as possess the capacity and experience in managing, operating, and utilizing markets.

4. Process and procedures for preparing and approving a scheme for transferring the right to utilize market infrastructure assets for a definite term:

a) The entity designated to manage the assets prepares the scheme for transferring the right to utilize such assets for a definite term using Form 04B in Appendix I to this Decree and submits it in writing to the provincial-level specialized authority for market infrastructure assets (if the entity designated to manage the assets is not the specialized authority for market infrastructure assets). In cases where a district-level authority or unit is designated to manage market infrastructure assets, such authority or unit shall prepare the scheme and submit it to the district-level People's Committee for the latter to send it in writing to the provincial-level specialized authority for market infrastructure assets;

b) Within 45 days from the date of receiving the written request enclosed with the scheme proposal as prescribed at Point a of this Clause, the provincial-level specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant local authorities and units in reviewing the scheme and submitting it to the provincial-level People's Committee for consideration and decision. A decision on approving the scheme for transferring the right to utilize market infrastructure assets for a definite term shall contain the following main details:

The entity whose assets are available for transferring the right to utilize for a definite term;

List of assets for definite-term transfer of the utilization right (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

Definite transfer term of the right to utilize assets;

Methods of transferring the right to utilize assets for a definite term;

Management of the proceeds from definite-term transfer of the utilization right;

Responsibilities for implementation.

5. Based on the scheme for transferring the right to utilize market infrastructure assets for a definite term approved by the competent authority, the entity designated to manage the assets shall:

a) Calculate the starting bid for transferring the right to utilize market infrastructure assets for a definite term as prescribed in Article 26 of this Decree;

b) Organize the auction for transferring the right to utilize market infrastructure assets for a definite term in accordance with the law regulations on asset auction;

c) Sign the contract to transfer the right to utilize market infrastructure assets for a definite term in accordance with the law regulations.

6. A contract to transfer the right to utilize market infrastructure assets for a definite term shall contain the following main details:

a) Information of the transferor;

b) Information of the transferee;

c) List of assets for definite-term transfer of the utilization right (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market; value of asset, assessment of asset conditions - if any);

d) The transfer term; transfer price; method and deadline for payment of the transfer fee; late payment fees (if applicable); responsibility for maintenance of assets;

dd) Rights and obligations of the involved parties;

e) Responsibilities for implementation.

7. Rights of the transferee of the right to utilize market infrastructure assets for a definite term:

a) To directly organize the operation and utilization of assets in accordance with the law regulations and the signed contract;

b) To decide on the operation and utilization of assets in compliance with relevant law regulations;

c) To collect revenues from market operations in accordance with the law regulations and the signed contract;

d) To be entitled to invest in upgrades and expansions under projects approved by competent authorities in accordance with the law regulations on investment and relevant regulations;

dd) To exercise other rights of the transferee of property rights in accordance with law regulations.

8. Obligations of the transferee of the right to utilize market infrastructure assets for a definite term:

a) To protect the assets for which the right to utilize is transferred; prevent encroachment or unauthorized use of the assets;

b) To use and utilize the assets for which the right to utilize is transferred for their intended purposes only; neither to change their intended uses nor transfer, sell, donate, contribute them as capital, mortgage them, or use them as the security measures to fulfill other civil obligations;

c) To maintain the assets in accordance with the signed contract and law regulations;

d) To pay the transfer fee for the right to utilize the assets in full and on time under the contract;

dd) Periodically or upon request by the transferor of the utilization right, the transferee of the utilization right is responsible for informing the transferor about the condition of the assets, thereby ensuring the market's operations.

In case of construction incidents, the transferee of the utilization right is responsible for promptly informing the transferor to implement remedies as prescribed by law;

e) To submit to inspection and supervision by the transferor of the utilization right; coordinate with the transferor of the utilization right to resolve any arising problems;

g) To perform other responsibilities as prescribed by law and the contract.

9. The specialized authority for market infrastructure assets shall regularly inspect and monitor the implementation of the scheme for transferring the right to utilize market infrastructure assets for a definite term approved by the competent authority or person.

10. The proceeds from definite-term transfer of the right to utilize market infrastructure assets shall be managed and used in accordance with Article 32 of this Decree.

11. Upon the expiration of the definite term for transfer of the right to utilize market infrastructure assets under the market infrastructure asset utilization right transfer contract or the early termination of the transfer contract under the decision of the competent authority or person, the assets shall be handled as follows:

a) No later than 06 months before the termination of the market infrastructure asset utilization right transfer contract, the transferee shall submit a dossier of request for the return of the assets to the authority that signed the contract;

b) Within 30 days from the date of receiving the dossier of request for the return of the assets, the authority that signed the contract shall assume the prime responsibility for and coordinate with relevant authorities and units (if necessary) in:

Organizing the appraisal of the quality, value, and condition of the assets in accordance with the principles and conditions agreed upon in the contract;

Preparing a list of the assets transferred;

Preparing a written record identifying any damage to the assets (if any) to request the transferee of the right to utilize the assets for a definite term to carry out the repair and maintenance of the assets;

In cases where the market infrastructure assets meet the requirements, the authority that signed the contract shall sign the record of receipt and handover of the assets;

Reporting to the provincial-level People's Committee on the assignment of assets to authorities, units, and enterprises in accordance with this Decree for continued management and operation in coordination with law regulations.

c) No later than 05 days after the termination of the contract, the transferee of the market infrastructure assets shall return the assets to the transferor. The handover and receipt of assets must be documented in a written record using Form No. 05 in Appendix I to this Decree.

Article 26. Rental price and the price of definite-term transfer of the right to utilize market infrastructure assets

1. The rental price and the price for definite-term transfer of the right to utilize market infrastructure assets is the amount that organization leasing the right to utilize or the transferee of the right to utilize the assets for a definite term must pay to the State. Such amount shall be based on the winning bid to use and utilize the assets under the signed contract.

2. The authority or person competent to approve the scheme for leasing the right to utilize market infrastructure assets or transferring of such right for a definite term, as prescribed in Clause 2, Article 24, and Clause 2, Article 25 of this Decree, is also the authority or person competent to approve the starting bid for leasing the right to utilize market infrastructure assets or transferring of such right for a definite term.

3. The entity to which the assets are assigned may choose to hire a price-appraising company to valuate the assets in accordance with the Vietnam Valuation Standards or establish a Valuation Council as a basis for setting the starting bid for leasing the right to utilize market infrastructure assets or transferring of such right for a definite term. The composition of the Valuation Council: the Chairperson, who is the head of the entity to which the assets are assigned or an authorized representative; other members, including representatives from the relevant specialized departments of the entity to which the assets are assigned; a representative from the provincial-level Department of Finance of the locality where the assets are located; and representatives from other relevant authorities (if any).

4. The starting bid for leasing the right to utilize market infrastructure assets is the initial lowest bid when auctioning the lease of the right to utilize these assets.

The calculation of the starting bid for leasing the right to utilize market infrastructure assets must be based on at least one of the following criteria:

a) The market rental price for the right to utilize assets of the same type or with the same technical standards, quality, and functionality at the time of determination (if available);

b) The estimated revenues and costs arising from the utilization of the assets during the lease term of the right to utilize them;

c) The price appraisal certificate and price appraisal report from a price appraisal enterprise as prescribed by law regulations on price appraisal, or the valuation results from the Valuation Council as prescribed in Clause 3 of this Article. The price appraisal certificate and price appraisal report from a price appraisal enterprise shall be used in accordance with the law regulations on valuation.

5. The starting bid for transferring the right to utilize market infrastructure assets for a definite term is the initial lowest bid when auctioning the definite-term transfer of the right to utilize these assets.

Grounds to set the starting bid for transferring the right to utilize market infrastructure assets for a definite term:

a) The additional investment value under the project for upgrading or expanding the assets, as approved by the competent authority or person.

In this context, the additional investment value means the portion of value that the enterprise receiving the definite-term transfer of the right to utilize the assets is responsible for implementing under the project approved by the competent authority or person;

b) Estimated revenues and costs arising from the utilization of assets by the transferee of the right to utilize the assets for a definite term during such definite term;

c) The price appraisal certificate and price appraisal report from a price appraisal enterprise as prescribed by law regulations on price appraisal, or the valuation results from the Valuation Council as prescribed in Clause 3 of this Article. The price appraisal certificate and price appraisal report from a price appraisal enterprise shall be used in accordance with the law regulations on valuation.

6. The entity to which the market infrastructure assets are assigned shall calculate the starting bid for leasing the right to utilize market infrastructure assets or transferring of such right for a definite term and then submit this to the competent authority or person prescribed in Clause 2 of this Article for approval thereof.

Section 5
HANDLING OF MARKET INFRASTRUCTURE ASSETS

Article 27. Methods of handling market infrastructure assets

Methods of handling market infrastructure assets include:

1. Recovery.

2. Reassignment.

3. Disposal.

4. Handling in case of loss or damage.

5. Other methods as prescribed by the law.

Article 28. Recovery of market infrastructure assets

1. Market infrastructure assets may be recovered in the following cases:

a) Land attached to market infrastructure assets is recovered according to the law regulations on land;

b) There is a change in the master plan that alters the purpose of the assets;

c) There is a change in management decentralization;

d) Assets are assigned to the wrong entity against this Decree;

dd) Assets have been assigned but are no longer needed or serious management-related violations have been committed against law regulations;

e) Other cases as prescribed by law.

2. Decision-making competence for recovery:

a) The provincial-level People's Committees shall decide on the recovery of market infrastructure assets managed by the provincial level;

b) The district-level People's Committees shall decide on the recovery of market infrastructure assets managed by the district-level authorities;

c) Particularly for assets falling in the cases prescribed at Point a, Clause 1 of this Article, the competence for recovery, compensation and support during recovery, and management or handling of land and land-attached assets shall comply with the law regulations on land and relevant regulations. Before deciding on asset recovery, the provincial-level People's Committee shall task the provincial-level Department of Natural Resources and Environment with inviting written comments from the provincial-level authority tasked with managing public assets, the provincial-level specialized authority responsible for markets, the district-level People's Committees of the localities where the assets are located, and other relevant authorities on matters within their respective scope of functions and duties.

3. Market infrastructure assets that have been recovered shall be:

a) Handled in accordance with the law regulations on land in the case prescribed at Point a, Clause 1 of this Article;

b) Assigned or reassigned to another entity for management in accordance with this Decree, unless otherwise prescribed at Point a of this Clause.

4. The process and procedures for recovering market infrastructure assets as prescribed at Points b, c, d, dd, and e, Clause 1 of this Article are specified as follows:

a) The authority, unit, or enterprise having assets shall prepare a dossier of request for recovery of assets and submit it to the specialized authority for market infrastructure assets at the same level. Such a dossier shall comprise:

01 original written request for recovery of assets (which specifies the specific case the assets fall under as prescribed at Points b, c, d, dd, and e, Clause 1 of this Article).

01 original list of assets proposed for recovery (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset).

01 copy of any other relevant document (if any).

b) Within 45 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant authorities and units in, submitting it to the competent People's Committee prescribed in Clause 2 of this Article for consideration and decision on asset recovery. Such a reporting dossier shall comprise:

01 original written proposal of the specialized authority for market infrastructure assets or the inter-sectoral authority regarding asset recovery.

01 original list of assets proposed for recovery (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset).

01 copy of the inter-sectoral meeting minutes or any written comment from relevant authorities and organizations.

01 copy of the dossier prescribed at Point a of this Clause.

c) Within 30 days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the competent People's Committee prescribed in Clause 2 of this Article shall review and issue a decision on recovery of the market infrastructure assets, or provide a written response if the request for asset recovery is not suitable. A decision on asset recovery shall contain the details as prescribed in Clause 6 of this Article.

d) Within 30 days from the date of the asset recovery decision by the competent People's Committee as prescribed in Clause 2 of this Article, the specialized authority for market infrastructure assets shall develop a plan to handle the recovered assets by the methods prescribed in Clause 3 of this Article. Such plan shall be submitted to the competent authority or person as prescribed in Articles 16, 17, and 29 of this Decree for consideration and decision. The decision on asset handling shall be implemented in accordance with Articles 16, 17, and 29 of this Decree.

While waiting for the recovered assets to be handled, the authority, unit, or enterprise with the recovered assets shall preserve and protect the assets and ensure their operation in accordance with law regulations.

5. The process and procedures for recovering market infrastructure assets through inspection, audit, administrative penalties, or proposals from the specialized authority for market infrastructure assets and other State authorities.

Based on the conclusions, decisions, and proposals of the authorities responsible for inspection, audit, and administrative penalties, the specialized authority for market infrastructure assets, or other state management authorities, the competent People's Committee prescribed in Clause 2 of this Article shall review and decide on the recovery of assets.

6. A decision on recovery of market infrastructure assets shall contain the following main details:

a) Name of the authority, unit, or enterprise with assets to be recovered;

b) List of assets to be recovered (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset);

c) Responsibilities for implementation.

Article 29. Reassignment of market infrastructure assets

1. Market infrastructure assets may be reassigned in the following cases:

a) There is a change in managing authority or management decentralization;

b) The assets have been assigned but are no longer needed for use or their utilization is not effective;

c) Other cases as prescribed by law.

2. The provincial-level People's Committees shall decide or decentralize the decision on the reassignment of market infrastructure assets among authorities and units under their ambit.

3. Process and procedures for reassignment of market infrastructure assets:

a) The authority or unit having assets falling in the case prescribed in Clause 1 of this Article shall prepare a dossier of request for reassignment of assets and submit it to the specialized authority for market infrastructure assets at the same level. Such a dossier shall comprise:

01 original written request for reassignment of assets (which specifies the specific case the assets fall under as prescribed in Clause 1 of this Article).

01 original written request to receive the assets.

01 original list of assets proposed for transfer (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset).

01 copy of any other relevant document (if any).

For infrastructure assets managed by district-level authorities where the transfer decision-making competence lies with the provincial-level People's Committee under decentralization prescribed in Clause 2 of this Article, the district-level specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant authorities and units in, submitting a written request enclosed with a copy of the dossier (as mentioned above) to the provincial-level specialized authority for market infrastructure assets.

b) Within 45 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant authorities and units in, submitting it to the competent People's Committee prescribed in Clause 2 of this Article for consideration and decision on asset reassignment. Such a reporting dossier shall comprise:

01 original written proposal of the specialized authority for market infrastructure assets or the inter-sectoral authority regarding asset reassignment.

01 original list of assets proposed for transfer (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset).

01 copy of the inter-sectoral meeting minutes or any written comment from relevant authorities and organizations.

01 copy of the dossier prescribed at Point a of this Clause.

c) Within 30 days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the competent People's Committee prescribed in Clause 2 of this Article shall review and issue a decision on reassignment of the market infrastructure assets, or provide a written response if the request for asset reassignment is not suitable. A decision on asset reassignment shall comprise the following main details:

The authority or unit with assets to be reassigned;

The authority or unit to which the assets are reassigned;

List of assets to be reassigned (name of asset, location and type of construction, year of being built, year of being put into use, area and quantity of business locations within the market, value of asset);

Reason for reassignment of assets (which specifies the specific case the assets fall under as prescribed in Clause 1 of this Article);

Responsibilities for implementation.

4. Within 30 days from the date of the decision on reassignment of assets by the competent authority, the authority or unit with assets to be reassigned and the authority or unit to which the assets are reassigned shall hand over and receive the assets. The handover and receipt of the assets must be recorded in a written record and the asset value must be accounted for as a decrease or increase in accordance with the applicable accounting regulations; and asset-related changes must be reported in accordance with Article 34 of this Decree.

5. Reasonable costs directly related to the handover and receipt of the assets shall be paid by the authority or unit to which the assets are reassigned in accordance with regulations.

Article 30. Disposal of market infrastructure assets

1. Market infrastructure assets may be disposed in the following cases:

a) The asset is damaged beyond repair or its repair is not cost-effective (its functionality cannot be restored);

b) Old assets are demolished for the construction of new assets to be invested in under a project approved by the competent authority;

c) The competent State authority adjusts the master plan, rendering part or all of the asset unusable according to its functionality. In cases of asset recovery as prescribed at Point a, Clause 1, Article 28 of this Decree, the disposal procedures outlined in this Article do not apply;

d) Other cases prescribed by law.

2. Decision-making competence for disposal

a) The provincial-level People's Committees shall decide on the disposal of market infrastructure assets managed by the provincial level.

b) The district-level People's Committees shall decide on the disposal of market infrastructure assets managed by the district-level authorities.

3. Market infrastructure assets may be disposed by being demolished or destroyed.

a) Recovered materials and supplies, if deemed usable, shall be managed by the entity designated to manage the assets for continued use, or utilized for the construction of new market infrastructure assets under the project approved by the competent authority;

b) If the entity designated to manage the assets does not require continued use thereof, the assets shall be reassigned or sold.

For recovered materials and supplies to be reassigned, the procedures shall comply with Article 29 of this Decree.

For recovered materials and supplies to be sold, the procedures shall comply with Article 31 of the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017 detailing a number of articles of the Law on Management and Use of Public Property and its amendments, supplements, or replacements (if any).

4. Process and procedures for disposal of market infrastructure assets

a) The authority or unit having assets falling in the case prescribed in Clause 1 of this Article shall prepare a dossier of request for disposal of assets and submit it to the specialized authority for market infrastructure assets at the same level. Such a dossier shall comprise:

01 original written request for disposal of assets (which specifies the specific case the assets fall under as prescribed in Clause 1 of this Article).

01 original list of assets proposed for disposal (name and value of each asset).

01 copy of any other relevant document (if any).

b) Within 45 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant authorities and units in, submitting it to the competent People's Committee prescribed in Clause 2 of this Article for consideration and decision on asset disposal. Such a reporting dossier shall comprise:

01 original written proposal of the specialized authority for market infrastructure assets or the inter-sectoral authority regarding asset disposal.

01 original list of assets proposed for disposal (name and value of each asset).

01 copy of the inter-sectoral meeting minutes or any written comment from relevant authorities and organizations.

01 copy of the dossier prescribed at Point a of this Clause.

c) Within 30 days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the competent People's Committee prescribed in Clause 2 of this Article shall review and decide on disposal of the market infrastructure assets, or provide a written response if the request for asset disposal is not suitable.

A decision on asset disposal shall comprise the following main details:

Name of the authority or unit with assets to be disposed;

List of assets proposed for disposal (name and value of each asset);

Methods for handling of recovered materials and supplies (if still usable); name of the State authority, unit, or State-owned enterprise receiving the recovered materials and supplies (if the recipient has been identified);

Reason for disposal (which specifies the specific case the assets fall under as prescribed in Clause 1 of this Article);

Management and utilization of the proceeds from the disposal;

Responsibilities for implementation.

d) Within 30 days from the date of the decision on disposal of assets by the competent authority or person prescribed in Clause 2 of this Article, the authority or unit with assets to be disposed shall, by itself or a competent organization or person hired by it, demolish or destroy the assets; count and classify recovered materials and supplies. The handling of recovered materials and supplies during the asset disposal process shall comply with Clause 3 of this Article.

The authority or unit to which the assets are assigned shall conduct accounting for the reduction in assets in accordance with the applicable accounting regulations; report and declare changes in the assets in accordance with Article 34 of this Decree.

5. The management and utilization of proceeds from the disposal of market infrastructure assets shall comply with Article 33 of this Decree.

Article 31. Handling market infrastructure assets in cases of loss or damage

1. Market infrastructure assets are handled in cases of loss or destruction due to natural disasters, fires, or other reasons where such facilities can no longer function or are too damaged that its functionality cannot be restored.

2. Decision-making competence for handling

a) The provincial-level People's Committees shall decide on the handling of market infrastructure assets managed by the provincial level.

b) The district-level People's Committees shall decide on the handling of market infrastructure assets managed by the district-level authorities.

3. Process and procedures for handling of market infrastructure assets

a) The authority or unit having assets falling in the case prescribed in Clause 1 of this Article shall prepare a dossier of request for handling of assets and submit it to the specialized authority for market infrastructure assets at the same level. Such a dossier shall comprise:

01 original written request for handling assets (which specifies the specific case the assets fall under as prescribed in Clause 1 of this Article).

01 original list of assets proposed for handling (name, quantity and value of each asset).

01 copy of any other relevant document (if any).

b) Within 45 days from the date of receiving the complete dossier as prescribed at Point a of this Clause, the specialized authority for market infrastructure assets shall assume the prime responsibility for, and coordinate with relevant authorities and units in, submitting it to the competent People's Committee prescribed in Clause 2 of this Article for consideration and decision on asset handling. Such a reporting dossier shall comprise:

01 original written proposal of the specialized authority for market infrastructure assets or the inter-sectoral authority regarding asset handling.

01 original list of assets proposed for handling (name, quantity and value of each asset).

01 copy of the inter-sectoral meeting minutes or any written comment from relevant authorities and organizations.

01 copy of the dossier prescribed at Point a of this Clause.

c) Within 30 days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the competent People's Committee prescribed in Clause 2 of this Article shall review and decide on the handling of assets, or provide a written response if the request for asset handling is not suitable. A decision on asset handling shall comprise the following main details:

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

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

Responsibilities for implementation.

4. Within 30 days from the date of the decision on asset handling by the competent authority or person prescribed in Clause 2 of this Article, the authority or unit to which the assets are assigned shall conduct asset depreciation accounting in accordance with law regulations on accounting; and make reports as prescribed in this Decree (using Form 01B, Form 01C in Appendix I to this Decree).

5. The State budget shall cover funding for the repair and restoration of market infrastructure assets to ensure the resumption of operations.

In cases where market infrastructure assets are lost or damaged and are compensated by insurance companies or related organizations or individuals, the management and use of the compensation for asset damage shall comply with Article 33 of this Decree. The proceeds already deposited into the State budget shall be prioritized for allocation in the public investment plans or the State budget expenditure estimates for new construction, upgrade, renovation, and development of market infrastructure assets in accordance with law regulations on State budget and public investment, and relevant regulations.

Section 6
MANAGEMENT AND USE OF PROCEEDS FROM UTILIZATION AND HANDLING OF MARKET INFRASTRUCTURE ASSETS

Article 32. Management and use of proceeds from utilization of market infrastructure assets

1. For market infrastructure assets directly utilized by the authority or unit designated to manage them in accordance with Article 23 of this Decree, the management and use of proceeds from the utilization thereof shall follow the financial mechanisms applicable to the authority or entity designated to manage such assets.

2. For market infrastructure assets subject to utilization plans as prescribed in Articles 24 and 25 of this Decree, proceeds from leasing or definite-term transfer of rights to utilize market infrastructure assets shall be deposited into custodial accounts opened at the State Treasury and held by the following authorities designated to manage public assets:

a) The provincial-level Departments of Finance, for the proceeds from the utilization of assets managed by provincial-level authorities or units;

b) The district-level Divisions of Finance and Planning, for the proceeds from the utilization of assets managed by district-level authorities or units.

3. Custodial accounts are tracked in detail for each authority with assets to be utilized.

4. The head of the authority tasked with utilizing market infrastructure assets shall make and approve estimates for costs related to the utilization of assets, unless otherwise prescribed in Clause 10 of this Article.

5. Costs related to the utilization of market infrastructure assets include: costs for asset verification; costs for calculation of the starting bid; costs for auction organization; and other relevant costs.

6. Expenditure level:

a) For expenditure items for which competent authorities or persons have set standards, norms, and regimes, such standards, norms, and regimes shall apply.

b) For service hiring related to asset utilization, it shall comply with the contracts signed in accordance with law regulations. Providers of services related to asset utilization shall be selected in accordance with law regulations;

c) For expenditure items other than those prescribed at Point a and Point b of this Clause, the head of the authority or unit tasked with utilizing the assets shall decide the expenditure level, ensure its compliance with the current State financial management regimes, and take responsibility for such decision.

7. Within 30 days from the date of depositing money into the custodial account, the lessor or the transferor of market infrastructure assets shall prepare 01 dossier of request for payment and send it to the custodial account holder to cover the asset utilization costs. The head of the lessor or transferor of market infrastructure assets shall be held accountable to the law for the accuracy of the proposed payments.

A dossier of request for payment comprises:

a) 01 original written payment request from the lessor or transferor of market infrastructure assets (specifying the proceeds from asset utilization, the total costs of asset utilization, and information about the payment account) enclosed with a detailed list of costs;

b) 01 copy of the competent authority’s or competent person’s decision on asset utilization;

c) 01 copy of any supporting document for expenses such as: approved expenditure estimate; price appraisal, auction, and demolition service contracts; invoices and receipts (if any).

8. Within 30 days from the date of receiving the complete and valid dossier, the custodial account holder shall disburse funds to the lessor or transferor of market infrastructure assets to cover the costs related to the utilization of market infrastructure assets.

9. On a quarterly basis, the custodial account holder deposits the remaining proceeds from the utilization of the assets, after covering expenses, into the State budget in accordance with the law regulations on State budget.

10. In cases where the proceeds from the direct asset utilization by the authority or unit to which the assets are assigned, as prescribed in Article 23 of this Decree, are insufficient to cover the costs, the shortfall shall be covered by the State budget estimates allocated to the authority or unit to which the assets are assigned.

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

1. All proceeds from the handling of market infrastructure assets (including compensation from insurance companies and other organizations or individuals) shall be deposited into a custodial account opened at the State Treasury and held by the following public asset management authority:

a) The provincial-level Departments of Finance, for the proceeds from the handling of assets managed by provincial-level authorities or units;

b) The district-level Divisions of Finance and Planning, for the proceeds from the handling of assets managed by district-level authorities or units.

2. Custodial accounts are tracked in detail for each authority, unit, or enterprise with assets to be handled.

3. The head of the authority tasked with utilizing market infrastructure assets shall make and approve estimates for expenses related to the utilization of assets, unless otherwise prescribed in Clause 10 of this Article.

4. Costs related to the handling of market infrastructure assets include:

a) Costs for asset verification;

b) Costs for house and land measurement and drawings;

c) Costs for asset valuation and price appraisal;

d) Costs for relocating, dismantling, demolishing, and destroying assets;

dd) Auction service fees paid to the auction organization in case of successful auction; asset auction costs paid to the auction organization in case of unsuccessful auction; auction costs in cases where the auction is conducted by the Council;

e) Other reasonable costs related to the utilization of public assets.

5. Expenditure level:

a) For expenditure items for which competent authorities or persons have set standards, norms, and regimes, such standards, norms, and regimes shall apply.

b) For service hiring related to asset handling, it shall comply with the contracts signed in accordance with law regulations. Providers of services related to asset handling shall be selected in accordance with law regulations;

c) For expenditure items other than those prescribed at Point a and Point b of this Clause, the head of the authority or unit tasked with handling the assets shall decide the expenditure level, ensure its compliance with the current State financial management regimes, and take responsibility for such decision.

6. Within 30 days from the date of depositing money into the custodial account, the authority or unit tasked with handling market infrastructure assets shall prepare 01 dossier of request for payment and send it to the custodial account holder to cover the asset utilization costs. The head of the authority or unit tasked with handling market infrastructure assets shall be held accountable to the law for the accuracy of the proposed payments.

A dossier of request for payment comprises:

a) 01 original written payment request from the authority or unit tasked with handling market infrastructure assets (specifying the proceeds from asset handling, the total costs of asset handling, and information about the payment account) enclosed with a detailed list of costs;

b) The competent authority’s or competent person’s decision on asset handling: 01 copy;

c) 01 copy of any supporting document for expenses such as: approved expenditure estimate; price appraisal, auction, and demolition service contracts; invoices and receipts (if any).

7. Within 30 days from the date of receiving the complete and valid dossier, the custodial account holder shall disburse funds to the authority or unit tasked with handling market infrastructure assets to cover the costs related to the handling of market infrastructure assets.

8. On a quarterly basis, the custodial account holder deposits the remaining proceeds from the utilization of the assets, after covering expenses, into the State budget in accordance with the law regulations on State budget.

9. In cases where there are no proceeds from the handling of assets or the proceeds are insufficient to cover the costs, the shortfall shall be covered by the State budget estimates or the lawful funds of the authority or unit tasked with handling the assets.

10. In cases where the old facilities are demolished for the construction of new ones under a project and the costs for demolition of the old facilities have been included in the total investment of the new construction project approved by the competent authority or person, the management and use of the proceeds from the demolition shall comply with the relevant law regulations instead of Clauses 1 thru 9 of this Article.

Section 7
MARKET INFRASTRUCTURE ASSET DATABASE AND REPORTING

Article 34. Market infrastructure asset reporting

1. Market infrastructure assets must be reported, declared, and updated in the market infrastructure asset database for unified management.

2. Forms of market infrastructure asset reporting:

a) Initial declaration reports made using Form 01A in Appendix I to this Decree at the time this Decree takes effect;

b) Supplementary declaration reports made using Form 01B in Appendix I to this Decree in cases where the information about the managing authority/unit designated to manage the assets or about the assets themselves is changed.

3. The authority or unit designated to manage market infrastructure assets shall make asset declaration reports using Forms 01A, 01B, 01C, and 01D in Appendix I to this Decree, and submit them to the higher-level management authority for verification, in order to input data into the market infrastructure asset database.

The deadline for submitting the declaration report is 30 days from the date of receiving the assets under the decision on assigning asset management by the competent authority, or in cases where changes are made to the information about the authority designated to manage assets or the assets that have been declared.

4. On an annual basis, the authority or unit designated to market infrastructure assets shall report on the management, use, and utilization of assets (including proceeds from handling and utilization of such assets). The specialized authority for market infrastructure assets shall report on the proceeds from implementing asset utilization solutions in the preceding year and send ad-hoc reports as required by the competent State authorities. The deadline for finalizing reporting data is the end of the fiscal year.

5. Reports on the management, use, and utilization of market infrastructure assets includes:

a) Reports on the situation of asset utilization by each method and the results of asset utilization, made using Forms 02A, 02B, 02C, and 02D as prescribed in Appendix I to this Decree.

b) Consolidated reports on the management, use, and utilization of market infrastructure assets, made using Form 03A in Appendix I to this Decree.

6. The deadline for submitting the annual report on the management, use, and utilization of market infrastructure assets is prescribed as follows:

a) The authority or unit designated to manage market infrastructure assets shall make and send a report to the higher-level management authority (if applicable) and to the specialized authority for market infrastructure assets, for the latter to report thereon to the competent People's Committee before February 28 each year;

b) The provincial-level People's Committee shall consolidate the situation of managing and utilizing market infrastructure assets and send such consolidation to the Ministry of Finance before March 15 every year;

c) The Ministry of Finance shall consolidate the situation of management and utilization of market infrastructure assets nationwide to report to the Government, as required, and publicly disclose information about the assets nationwide.

7. State-owned enterprises to which assets are assigned as State capital investment in enterprises, as prescribed in Article 16 of this Decree, shall report on the management and utilization of assets as prescribed in Clauses 2, 3, 4, and 5 of this Article.

8. Reports on market infrastructure assets can be submitted in either paper-based or electronic formats.

Article 35. Market infrastructure asset database

1. The database on market infrastructure assets is a part of the national database on public assets, developed and uniformly managed nationwide. Information in the database on market infrastructure assets holds legal validity akin to paper records.

2. The development and management of the database on market infrastructure assets shall ensure:

a) Compliance with the Vietnam's e-government architecture framework and conformity to national database technical standards, IT standards, information security and safety standards, and economic-technical norms;

b) Compatibility and integrability with the national database on public assets; information sharing possibility and expandability of data fields in system and software application designs.

3. The provincial-level People's Committees shall direct the authorities and units designated to manage market infrastructure assets, and the specialized authorities for market infrastructure assets to carry out the declaration and update of data on market infrastructure assets into the national database on public assets as prescribed.

Chapter V
ORGANIZATION OF IMPLEMENTATION

Article 36. Transitional provisions

1. Markets constructed before the effective date of this Decree, which do not meet the conditions for renovation or upgrade to comply with the classification criteria prescribed in Article 4 of this Decree, shall be classified by the competent authorities based on the existing business locations and the area determined at the time of their construction. They must also meet basic requirements for fire safety, sanitation, and food safety.

2. For market infrastructure assets invested in and managed by the State, which were handled in accordance with law regulations by the competent authorities before January 1, 2018, decisions already signed and law regulations applicable at the time of such decisions shall continue to apply accordingly.

Article 37. Effect

This Decree takes effect on August 1, 2024.

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

Article 38. Responsibilities for implementation

1. The Ministry of Industry and Trade shall:            

a) Assume the prime responsibility and coordinate with the relevant ministries, sectoral and local authorities in studying and submitting to the competent authorities for promulgation, amendment or supplementation of mechanisms, policies, programs, and tasks on market development and management;

b) Direct and organize professional refresher courses in market development and management;

c) Assume the prime responsibility for and coordinate with relevant ministries and sectoral authorities in inspecting the compliance with law regulations on market development and management policies within its competence.

2. The Ministry of Planning and Investment shall:

Within its scope of functions, tasks, and powers, guide the selection of investors for projects on investment in construction of markets in accordance with relevant law regulations.

3. The Ministry of Finance shall:

a) Regulate the management and depreciation regimes for market infrastructure assets;

b) Provide guidelines on accounting of market infrastructure assets;

c) Assume the prime responsibility for and coordinate with the provincial-level People's Committees in establishing the database on market infrastructure assets invested in and managed by the State nationwide, and integrate it into the national database on public assets;

d) Provide guidelines on implementation of regulations on management, use, and utilization of market infrastructure assets invested in and managed by the State as prescribed in Chapter IV of this Decree.

4. The Ministry of Construction shall:

Guide the implementation of activities related to construction standards and norms, and asset maintenance procedures for market infrastructure assets within their functions and tasks.

5. The Ministry of Natural Resources and Environment shall:

Guide and direct the provincial-level People's Committees in inspecting and supervising the use of land where markets are located in accordance with regulations.

6. The Ministry of Public Security shall:

Assume the prime responsibility for and coordinate with relevant ministries and sectoral authorities in implementing State governance on fire prevention, firefighting, security and public order, and social safety within marketplaces and surroundings; coordinate with relevant ministries and sectoral authorities in developing, amending, and supplementing master plans related to markets and regulations on business lines subject to security and public order conditions at markets.

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

Assume the prime responsibility for and coordinate with ministries, sectoral authorities, and local authorities in promoting and linking tourism activities, and promoting markets with historical, cultural, architectural values, and night markets; implement management and conservation tasks for markets classified as historical and cultural heritage sites in accordance with the regulations on cultural heritage.

8. Provincial-level People's Committees shall:

a) Decentralize the management of markets within the provincial-level localities to district-level and commune-level People's Committees, in accordance with local realities and applicable regulations; direct People's Committees at all levels to review and announce the grades and classification of markets;

b) Issue or defer to competent authorities on policies, measures, and solutions to mobilize and utilize resources for developing the network of markets;

c) Define the responsibilities of People's Committees at all levels in eliminating spontaneously established business locations;

d) Review, study, and develop policies for developing night markets, community markets, and markets with historical, cultural, and architectural values in accordance with regulations;

dd) Issue the process for converting management, business, and operation models of markets with the main details as prescribed in Appendix II to this Decree;

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

g) Direct the implementation, inspection, supervision, and audit of compliance with law regulations and policies on market development and management.

9. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally-run cities, relevant agencies, organizations and individuals shall be responsible for implementing this Decree./.