Vietnam`s Ministry of Industry and Trade has submitted to the government the draft decree on goods, services and areas under State monopoly regarding to commercial activities.
According to this draft, there will be 20 kinds of goods and services under State monopoly.
The draft was developed for the purposes of specifying the provisions of Clause 4, Article 6 of the Commercial Law in 2005: The State shall exercise the State monopoly in a definite period on commercial activities for some goods or services in some areas for the national benefit.
The government shall specify the list of goods, services and areas where the State monopolizes. According to the Ministry of Industry and Trade, the issuance of the Decree will contribute to improve the transparency, consistency and completeness of the legal system on state monopoly in commercial activities.
In addition, it also contributes to a healthy competitive environment when clearly clarifying the scope of State monopoly as well as the rights and obligations of related enterprises, thereby creating belief and ability to control other economic components on state intervention in the economy through legislation.
According to the draft, state monopoly means that only state authorities have the right to perform some commercial activities. The draft also states that State monopoly is only implemented in trade activities with essential goods and services that the State should have exclusive rights relating to defense, security, national interest or other economic sectors without demand and ability to participate.
According to the Ministry of Industry and Trade, state monopolies must be subject to strict monitoring and supervision mechanisms for acts of monopoly and use of state budget in accordance with the provisions of law on enterprises, competition, price, management and use of State budget.
The draft regulates the list of goods and services under State monopoly in commercial activities as following:
1. Goods and services for national defense and security purposes (the Minister of Defense and the Minister of Public Security shall guide on specific implementation)
2. Production, trade, export and import of industrial explosive materials
3. Manufacture of gold bars
4. Export and import of raw material gold for the producing gold bars
5. Lottery issuance
6. Import of cigarettes and cigars (excluding duty-free goods)
7. National reserve activities
8. Money printing and minting activities
9. Issuance of Vietnamese postage stamps
10. Manufacture, trade, import, export, transport and storage of fireworks and related services 11. Transmision, regulation of the national electricity system, construction and operation of multi-purpose and nuclear power plants of special socio-economic importance.
12. Operation of the marine light system and public navigable channel system
13. Management, operation and exploitation of coastal information stations
14. Air traffic services, aviation information service, search and rescue services
15. Management and exploitation of national and urban railway infrastructure system invested by the State
16. Management and exploitation of inter-provincial, inter-district irrigation and drainage systems in case of plan assignment
17. Provision of forestry services at special-use forests (except for landscape protection forests assigned by the State to economic organizations)
18. Publication (excluding printing and distribution activities)
19. Maintainance, management and exploitation of the public post office network
20. Provision of public services in press release activities
The draft was developed for the purposes of specifying the provisions of Clause 4, Article 6 of the Commercial Law in 2005: The State shall exercise the State monopoly in a definite period on commercial activities for some goods or services in some areas for the national benefit.
Manufacturing of gold bars among 20 kinds of goods/services under Vietnam's state monopoly. Photo: Internet
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The government shall specify the list of goods, services and areas where the State monopolizes. According to the Ministry of Industry and Trade, the issuance of the Decree will contribute to improve the transparency, consistency and completeness of the legal system on state monopoly in commercial activities.
In addition, it also contributes to a healthy competitive environment when clearly clarifying the scope of State monopoly as well as the rights and obligations of related enterprises, thereby creating belief and ability to control other economic components on state intervention in the economy through legislation.
According to the draft, state monopoly means that only state authorities have the right to perform some commercial activities. The draft also states that State monopoly is only implemented in trade activities with essential goods and services that the State should have exclusive rights relating to defense, security, national interest or other economic sectors without demand and ability to participate.
According to the Ministry of Industry and Trade, state monopolies must be subject to strict monitoring and supervision mechanisms for acts of monopoly and use of state budget in accordance with the provisions of law on enterprises, competition, price, management and use of State budget.
The draft regulates the list of goods and services under State monopoly in commercial activities as following:
1. Goods and services for national defense and security purposes (the Minister of Defense and the Minister of Public Security shall guide on specific implementation)
2. Production, trade, export and import of industrial explosive materials
3. Manufacture of gold bars
4. Export and import of raw material gold for the producing gold bars
5. Lottery issuance
6. Import of cigarettes and cigars (excluding duty-free goods)
7. National reserve activities
8. Money printing and minting activities
9. Issuance of Vietnamese postage stamps
10. Manufacture, trade, import, export, transport and storage of fireworks and related services 11. Transmision, regulation of the national electricity system, construction and operation of multi-purpose and nuclear power plants of special socio-economic importance.
12. Operation of the marine light system and public navigable channel system
13. Management, operation and exploitation of coastal information stations
14. Air traffic services, aviation information service, search and rescue services
15. Management and exploitation of national and urban railway infrastructure system invested by the State
16. Management and exploitation of inter-provincial, inter-district irrigation and drainage systems in case of plan assignment
17. Provision of forestry services at special-use forests (except for landscape protection forests assigned by the State to economic organizations)
18. Publication (excluding printing and distribution activities)
19. Maintainance, management and exploitation of the public post office network
20. Provision of public services in press release activities
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