The Ministry of Industry and Trade (MIT) is drafting a decree to replace Government Decree No. 59/2006/ND-CP, of June 12, 2006, on goods and services banned or restricted from business or subject to conditional business.
As proposed in the draft, the number of banned goods and services would increase from 92 to 101. New additions to the list include services which have been banned recently such as gold trading through escrow accounts.
The draft paper also bans the sale of sky lanterns, antiques that have significant heritage value, certain types of toxic chemicals and several other goods and services.
It also packs on 26 goods and services subject to restricted business, such as gambling, hiring of private detectives to investigate into personal secrets and marriage brokerage services. Certain food additives and nutritional supplements which have not been approved for sale from the Ministry of Health would also be classified in the restriction list.
The MIT’s Domestic Market Department director Truong Quang Hoai Nam said the draft decree aims to strengthen the state management of new types of goods and services not yet governed by Decree 59 which was drafted before Vietnam’s accession to the World Trade Organization.
However, representatives from law firms and associations argued that the Government should create a clearer legal framework, increase the state management role and keep bans or restrictions on goods and services to a minimum level. At the same time, state management agencies should clearly explain the reasons why certain goods and services are subject to business ban or restriction.
“We should avoid bans and restrictions imposed in regulations, laws and decrees because this is contrary to our policies on encouraging enterprises to develop their business,” said lawyer Truong Thanh Duc from BASICO law firm.
Meanwhile, lawyer Truong Thi Hoa from Ho Chi Minh City Bar Association proposed that it is also necessary to distinguish law-breaking acts from banned goods and services, aiming to avoid infringement upon enterprises’ business freedom. For example, prostitution under the cover of karaoke services is an illegal act, but karaoke singing is a healthy type of recreation which should not be restricted.-