The Ministry of Industry and Trade proposes to detail the Law on Commerce and the Law on Foreign Trade Management on the purchase and sale of goods and activities directly related to the purchase and sale of goods by foreign investors and economic organizations with foreign investment capital in Vietnam.
The Ministry of Industry and Trade said that the draft Decree proposes regulations to institutionalize the Party's viewpoints and policies, the State's policies and laws on foreign investment, on continuing to innovate and streamline the political system's apparatus to be streamlined, efficient, effective and efficient. Comply with legal regulations on foreign investment, trade and foreign trade management and the principles of decentralization, decentralization and authorization of relevant laws (Investment Law 2020, Commercial Law 2025, Foreign Trade Management Law 2017, Law on Organization of the Government 2025, Law on Organization of Local Government 2025).
In addition, promote decentralization and delegation of power in accordance with the direction of the Politburo in Conclusion No. 155 and Plan 447 and the directions of the Government and the Prime Minister ; specify and implement regulations on the authority of local authorities in the field of industry and trade in accordance with the two-level local government model, in the spirit of "locality decides, locality does, locality is responsible". Complete legal regulations to ensure continuous and smooth operation of relevant state management agencies, simplify administrative procedures, and facilitate investment and business activities of enterprises. Update and implement Vietnam's relevant commitments in international treaties.
Some revised content
Compared with Decree No. 09/2018/ND-CP, the draft Decree fundamentally changes the competent authority performing the state management function over the purchase and sale of goods and activities directly related to the purchase and sale of goods, leading to changes in a number of administrative procedure implementation processes.
Specifically, regarding the authority to manage the purchase and sale of goods and activities directly related to the purchase and sale of goods, implementing the provisions of the Law on Organization of Government 2025 and the Law on Organization of Local Government 2025, the draft Decree unifies the provisions:
The People's Committees of provinces and centrally run cities continue to be the competent authorities to issue Business Licenses, Licenses to establish retail establishments, and to manage, inspect, and supervise the trading of goods and activities directly related to the trading of goods of foreign-invested economic organizations in the locality. The Ministry of Industry and Trade coordinates in implementing the inspection and supervision of the activities of foreign-invested economic organizations.
Abolish the regulation on consulting the Ministry of Industry and Trade and specialized management ministries in the process of reviewing and granting Business Licenses and Retail Establishment Licenses as in Decree No. 09/2018/ND-CP to ensure the principle of "locality decides, locality acts and locality is responsible" and in accordance with the provisions of Decree No. 146/2025/ND-CP dated June 15, 2025.
Regulations on Business License
Based on the summary, review and assessment of the implementation of Decree No. 09/2018/ND-CP from 2018 to present and continuing to inherit the provisions of Decree No. 09/2018/ND-CP, the draft Decree continues to propose regulations: activities directly related to the purchase and sale of goods that have not committed to opening the market but are within the scope of regulation of the Commercial Law, goods excluded from the scope of market opening commitments (such as rice, sugar, tapes, "recorded" discs, lubricants, greases, books, newspapers, magazines, etc.) are subject to the issuance of a Business License. The Business License is valid for 05 years to ensure compliance with the negotiation roadmap and market opening needs as well as the corresponding market regulation of the competent state management agency in each period.
Regulations on License to establish retail establishments
Based on the summary, review and assessment of the implementation process of Decree No. 09/2018/ND-CP from 2018 to present and continuing to inherit the provisions of Decree No. 09/2018/ND-CP, with adjustments to suit the reality in the new period, the draft Decree continues to inherit the effective provisions of Decree No. 09/2018/ND-CP.
In addition, to ensure compliance with relevant international commitments, the draft Decree proposes to add provisions on eliminating the requirement to implement ENT for the establishment of retail establishments by foreign investors from countries and territories that are members of international treaties in which Vietnam has committed to eliminating ENT (CPTPP Agreement...).
At the same time, the draft Decree proposes to supplement regulations on conditions for checking economic needs for foreign investors from countries and territories that are not entitled to the ENT elimination commitment to improve management efficiency and protect the domestic distribution market according to the orientation and direction of the Party and State.
The Ministry of Industry and Trade is soliciting comments on this draft on the Ministry's Electronic Information Portal.
Wisdom
Source: https://baochinhphu.vn/de-xuat-quy-dinh-moi-ve-giay-phep-kinh-doanh-cua-nha-dau-tu-nuoc-ngoai-102250730174630329.htm
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