VCCI: Abolishment of list of goods and services subject to conditional business in Decree 59 is appropriate
![]() |
VCCI agrees to abolish the list of goods and services banned from business, restricted from business or subject to conditional business under Decree 59. Photo: Internet |
Responding to the proposal of the Ministry of Industry and Trade for amending, supplementing or abolishing the "List of goods and services banned from business, restricted from business and subject to conditional business" specified in Decree 59/ 2006/ND-CP (Decree 59), the VCCI said that the abolition of the List of goods and services banned from business, restricted from business and conditional business Decree 59 is grounded and appropriate.
The explanation for this response, according to VCCI, in terms of legality, the regulations related to the restriction of citizenship must be specified in the legal document. Because Decree 59 promulgating the List of goods and services banned from business and restricted from business is not appropriate on competence if referring the provisions of the Constitution 2013 and the Civil Code 2015.
In addition, VCCI said that Decree 59 stipulates a list of goods and services banned from business, restricted from business, and subject to conditional business but the conditions are applied to business entities rather than goods and services, which means that the business entities must meet certain conditions to do business in these goods and services.
Meanwhile, the Investment Law 2020 stipulates the list of industries banned from business investment and subject to conditional business; in which, the conditions to be allowed to do business in the industries are applied to "business entities". Thus, the nature of the two types of lists of Decree 59 and the Investment Law 2020 is the same, both binding conditions for business entities.
According to the Investment Law 2020, in case there are different provisions between the Investment Law and other laws issued before the effective date of the Investment Law Investment in terms of industries banned from business investment or subject to conditional business, the provisions of the Investment Law will be applied. Thus, the regulations on industries banned from business and subject to conditional business will comply with the Investment Law 2020.
On the other hand, when reviewing goods and services on the list of Decree 59, VCCI found that goods and services banned from business, restricted from business, and subject to conditional business and industries banned from business investment and conditional business are different from the list specified in the Investment Law 2020.
Even some goods and services specified in the Decree 59 are not available or have been amended in the Investment Law. The existence of the list in Decree 59 brings legal risks to businesses because this Decree is still in effect. If trading in goods and services that are not on the list of the decree but are in the list of the Law on Investment, businesses will not have to meet any conditions as prescribed in the decree, but must meet the business conditions as prescribed in the Investment Law and vice versa.
Furthermore, according to VCCI, the goods and services on the list in Decree 59 are referenced in detailed documents, many of which have expired. The names of goods and services on this list along with the management mechanism have also changed according to current regulations. Therefore, if under Decree 59, enterprises will not know which regulations or documents will be applied.
![]() | MoIT should give more support to businesses in expanding markets: VCCI The Ministry of Industry and Trade (MoIT) needs to give more supportnbsp;tonbsp;enterprises in establishing stable and reliable ... |
Related News
![4 export markets of tens of billions of dollars](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/25/15/image0012024072408363920240725154929.png?rt=20240725154931?240726081916)
4 export markets of tens of billions of dollars
08:19 | 26/07/2024 Import-Export
![Highest determination to remove IUU "yellow card".](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/19/16/17-449005821-438292439105506-1900049865909254375-n202407101621112024071211045320240719162813.jpg?rt=20240719162816?240720065016)
Highest determination to remove IUU "yellow card".
18:50 | 20/07/2024 Headlines
![Hanoi Customs faces difficulties in state budget collection](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/12/15/croped/72024070908515220240712151956.jpg?240722100240)
Hanoi Customs faces difficulties in state budget collection
10:02 | 22/07/2024 Customs
![Consumption index of the entire processing and manufacturing industry increased by 10.8%](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/10/10/croped/18-duy-tan202404221437302024042217465020240710101711.jpg?240711094525)
Consumption index of the entire processing and manufacturing industry increased by 10.8%
09:45 | 11/07/2024 Headlines
Latest News
![Need to have a specialized process of customs supervision at Binh Nghi (Lang Son)](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/25/10/croped/122024072310500520240725100706.jpg?240727080126)
Need to have a specialized process of customs supervision at Binh Nghi (Lang Son)
08:01 | 27/07/2024 Regulations
![Promoting review, classification and management of tax debt](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/18/22/croped/122024070514233120240718222101.jpg?240721095347)
Promoting review, classification and management of tax debt
09:53 | 21/07/2024 Regulations
![Documents required for vehicles transporting cargo across Lang Son Border Gate from August 1](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/19/16/20220627-1453522024012909204120240719160911.jpg?rt=20240719160914?240720095003)
Documents required for vehicles transporting cargo across Lang Son Border Gate from August 1
09:50 | 20/07/2024 Regulations
![Does goods imported for investment incentives project subjected to tax exemption?](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/10/14/croped/6-hq-moimoi2023120418200020240710142223.jpg?240712093812)
Does goods imported for investment incentives project subjected to tax exemption?
09:38 | 12/07/2024 Regulations
More News
![Border gate area planning associated with digital transformation needs to prioritize human resources, equipment, and infrastructure](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/08/14/croped/122024070210205420240708145720.jpg?240709094349)
Border gate area planning associated with digital transformation needs to prioritize human resources, equipment, and infrastructure
09:43 | 09/07/2024 Regulations
![Proposal to reduce registration fees to restore growth of domestic automobile industry](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/28/16/croped/1-dung2024052319192720240628165405.jpg?240707093310)
Proposal to reduce registration fees to restore growth of domestic automobile industry
09:33 | 07/07/2024 Regulations
![VAT reform promotes sustainable development of the agricultural sector](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/06/10/croped/15moi2024070210423720240706100111.jpg?240706101935)
VAT reform promotes sustainable development of the agricultural sector
10:19 | 06/07/2024 Regulations
![Customs implements VAT reduction policy from July 1st](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/01/15/croped/18-3603-nha-may-pegapega-2942023061609454020240701150917.jpg?240701035847)
Customs implements VAT reduction policy from July 1st
15:58 | 01/07/2024 Regulations
![Amend the Law on Corporate Income Tax to ensure stable revenue sources for the budget](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/23/14/croped/132024061809082020240623143307.jpg?240624104309)
Amend the Law on Corporate Income Tax to ensure stable revenue sources for the budget
10:43 | 24/06/2024 Regulations
![List of imported and exported medicine and medicinal ingredients identified commodity codes](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/20/08/122024061809021720240620085455.jpg?rt=20240620085459?240623101158)
List of imported and exported medicine and medicinal ingredients identified commodity codes
10:11 | 23/06/2024 Regulations
![Hundreds of tons of imported raw cashew nuts stuck in quarantine](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/20/13/croped/3122-8-4041-hat-dieu20240620134057.jpg?240622075058)
Hundreds of tons of imported raw cashew nuts stuck in quarantine
07:50 | 22/06/2024 Regulations
![Extend deadline for paying Special Consumption Tax on domestically produced and assembled cars](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/20/15/img-23332024050510174320240620155241.jpg?rt=20240620155244?240622074922)
Extend deadline for paying Special Consumption Tax on domestically produced and assembled cars
07:49 | 22/06/2024 Regulations
![Extend the deadline for paying taxes and land rent in 2024](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/062024/20/15/4727-10-5319-img-160920240620155734.jpg?rt=20240620155737?240621014554)
Extend the deadline for paying taxes and land rent in 2024
13:45 | 21/06/2024 Regulations
Your care
![Need to have a specialized process of customs supervision at Binh Nghi (Lang Son)](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/25/10/croped/medium/122024072310500520240725100706.jpg?240727080126)
Need to have a specialized process of customs supervision at Binh Nghi (Lang Son)
08:01 | 27/07/2024 Regulations
![Promoting review, classification and management of tax debt](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/18/22/croped/medium/122024070514233120240718222101.jpg?240721095347)
Promoting review, classification and management of tax debt
09:53 | 21/07/2024 Regulations
![Documents required for vehicles transporting cargo across Lang Son Border Gate from August 1](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/19/16/medium/20220627-1453522024012909204120240719160911.jpg?rt=20240719160914?240720095003)
Documents required for vehicles transporting cargo across Lang Son Border Gate from August 1
09:50 | 20/07/2024 Regulations
![Does goods imported for investment incentives project subjected to tax exemption?](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/10/14/croped/medium/6-hq-moimoi2023120418200020240710142223.jpg?240712093812)
Does goods imported for investment incentives project subjected to tax exemption?
09:38 | 12/07/2024 Regulations
![Border gate area planning associated with digital transformation needs to prioritize human resources, equipment, and infrastructure](https://english.haiquanonline.com.vn/stores/news_dataimages/2024/072024/08/14/croped/medium/122024070210205420240708145720.jpg?240709094349)
Border gate area planning associated with digital transformation needs to prioritize human resources, equipment, and infrastructure
09:43 | 09/07/2024 Regulations