Ministry of Industry and Trade expressed an opinion about the List of 20 State monopoly industries

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The commodity of raw gold is recently added to the Draft. Photo: Internet.

MOIT has officially responded to the Draft Decree on goods, services and implementation areas of State monopoly in commercial activities (Draft Decree), especially on the List of goods, services andimplementation areas ofState monopoly in commercial activities attached to the Draft Decree.

Regarding the necessity of this Draft, MOIT expressed, paragraph 4 of Article 6 of the 2005 Commercial Law stipulates that "The State shall exercise State monopoly with a term of commercial activities for some goods and services or in some areas to ensure national benefits ", also "the Government shall specify the list of goods, services and areas of State monopoly ".

In Document No. 130 / TTg-KTTH dated 27 January 2015, the Prime Minister assigned the Ministry of Industry and Trade to presideover and collaborate with Ministries and relevant agencies in order to research, establish the Draft Decree, and ensureaccordance with the guidelines and policies of ourParty, State's laws and relevant international commitments.

According to the Ministry of Industry and Trade, when the above list was issued, it will contribute to the concretization of the Party's policies and help to create a unified legal basis for reserving Vietnam's right in international negotiations on opening market access, thereby enhancing the transparency and efficiency of the process of international economic integration.

At the same time, the issuance of the List will help the systemization and transparency of all types of goods, services and areas of State monopoly in commercial activities in accordance with international commitments, policies and current regulations, also the basis for State management agencies as well as other subjects in society to carry out the function of publicly monitoring the performance of State monopolies in the listed sectors.

The Ministry of Industry and Trade also confirmed that the Draft Decree and the List is built with a major opinion that is not expanding and not increase the number of State monopoly sector which have been stipulated in recent legal documents, and in accordance with the existing international commitments of Vietnam.

Accordingly, the Ministry of Industry and Trade collaborated with other ministries to review all current legal systems in order to determine the types of goods and services which will be specified in the List. The Draft has been sent to ministries, ministerial-level agencies, and People's Committees of provinces and cities which are directly under the Central Government, the Vietnam Chamber of Commerce and Industry and related enterprises for consultation; also has been posted for comment and evaluated by the Ministry of Justice.

At the time of submission to the Government in December 2015, the List inc;uded 19 types of goods, services and detail of trading activities to apply State monopoly. However, after receiving opinions from members of government and the direction of the Prime Minister, the List has incudedan item of raw gold, correlatingwith the proprietary trading activities named "export and importers to produce gold bars", bringing the total number of goods and services in the list up to 20.

"All the listed goods and services in the List are currently applying State monopoly, in accordance with the principles stipulated in Clause 1, Article 4 of the Draft Decree which limits the scope of implementation of aState monopoly in essential fields, areas that the State should keep related to security - defense and national benefits, public interests or other unexpected economic sectors or cannot afford to participate", the document of Industry and Trade Ministry clearly stated.

According to the Ministry of Industry and Trade, State monopoly for goods or services which were specified in the list is not to apply for all commercial activities related to those goods or services, it is only limited to one or several specific activities, consistent with the policy of limiting the scope of State monopoly and the provisions of the current law.

Apart from the Minister of Public Security and the Minister of Defense who guided the implementation of a State monopoly in the commercial activities of goods and services for security and defense purposes, the draft Decree does not allow other ministries, ministerial-level agencies, and local governments at all levels to specify goods, services and areasofState monopoly in commercial activities.

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The List attached to the Draft Decree can be reduced when the Law and related Ordinance allow abrogating the State monopoly fields. In addition, according to legislation sequence, the List attached to the draft Decree may also be reduced at the proposalof ministries, ministerial-level agencies, and People's Committees of provinces or at the request in documents which express the needs and ability to participate of enterprises of all economic sectors into the fields of State monopoly.