On the morning of September 27, in City. Hanoi, Ministry of Industry and Trade organized a workshop to develop a Draft Decree to replace Decree No. 158/2006/ND-CP and Decree No. 51/2018/ND-CP on goods trading activities through the Exchange goods.
Mr. Bui Nguyen Anh Tuan – Deputy Director of the Domestic Market Department – Ministry of Industry and Trade, Deputy Head of the Drafting Committee, Head of the Decree Editorial Team chaired the workshop.
Attending the conference were experts such as Associate Professor, Dr. Ngo Tri Long, Dr. Vo Tri Thanh… and representatives of ministries, departments and branches at the central level, the Department of Industry and Trade of northern localities, businesses and individuals operating in the field of Commodity Exchange.
Creating new development space for the field of goods trading through the Commodity Exchange
According to the Drafting Committee of the draft Decree, after 18 years of organizing and implementing instructions for implementing the 2005 Commercial Law on goods trading activities through the Commodity Exchange, Decree No. 158/2006/ND-CP , Decree No. 51/2018/ND-CP and related legal documents have created a legal framework for goods trading activities in Vietnam to develop, attracting more and more participants. Participate in transactions, gradually creating an environment for production, business and import-export enterprises to have price insurance tools to be proactive in production and business activities and balance supply and demand.
However, in recent years, the National Assembly has issued many Laws that impact this field such as: Foreign Trade Management Law 2017, Cyber Security Law 2018, Competition Law 2018, Investment Law 2020, Enterprise Law 2020, Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents 2020, Law on Electronic Transactions 2023, Law on Credit Institutions 2024,…
Accordingly, to be consistent with current legal regulations, it is necessary to amend and supplement the Decrees regulating the purchase and sale of goods through the Commodity Exchange. In addition, the process of implementing legal documents on goods trading activities through the Commodity Exchange has also revealed many inadequacies, problems, and overlaps that need to be resolved.
Furthermore, Vietnam has participated in, negotiated and signed many FTAs at both bilateral and multilateral levels, leading to the need to build intermediary transaction systems for import and export goods with the market. international.
Therefore, there is an urgent need for current legal regulations on buying and selling goods through the Commodity Exchange to be amended and supplemented with regulations on management of this activity to be consistent with regulations. Relevant current laws and market developments in the current period.
| Mr. Bui Nguyen Anh Tuan spoke at the conference |
Speaking at the opening of the conference, Mr. Bui Nguyen Anh Tuan informed that, to carry out the tasks assigned by the Government, the Ministry of Industry and Trade has developed a Draft Decree to replace Decree No. 158/2006/ND-CP and Decree No. 51/2018/ND-CP on goods trading activities through the Commodity Exchange.
Implementing the Decree development process, the Ministry of Industry and Trade has conducted extensive consultation with ministries, branches, localities, agencies, associations, businesses and people on the Draft Decree. This workshop and the previous workshop in Ho Chi Minh City are part of a series of workshops that continue to collect opinions from relevant subjects so that the Drafting Board and Editorial Team can synthesize, absorb, review and explain the issues. with all comments on the Draft Decree in accordance with the direction of the Government Leaders.
Mr. Bui Nguyen Anh Tuan affirmed: The general goal of the Draft Decree is to complete regulations and policies to develop in a healthy, effective way, meeting the needs of the market, businesses and people; contributing to creating a new development space for the field of goods trading through the Commodity Exchange on the basis of harmonizing benefits and sharing risks.
4 perspectives on draft development
Regarding the viewpoint of developing the Draft Decree, there are 4 major viewpoints:
The first, continue to inherit the appropriate regulations of Decree No. 158/2006/ND-CP, Decree No. 51/2018/ND-CP on goods trading activities through the Commodity Exchange.
Monday, Comply with the provisions of the Commercial Law, Investment Law, Enterprise Law, Electronic Transaction Law, Competition Law and relevant legal regulations to ensure consistency and synchronization of the legal framework.
Tuesday, amend, supplement and replace regulations to suit the actual development of our country’s economy in the context of increasingly deep international economic integration, along with improving management efficiency, state inspection and supervision, prevention and control of risk factors that threaten to affect economic security, safety and social order.
Wednesday, Refer to the experience of a number of countries in the region and around the world on institutional management of goods purchase and sale activities through the Commodity Exchange, thereby developing regulations of the Decree in accordance with current reality. life and the Vietnamese legal system.
Regarding the direction for developing the Decree:
The first is in the direction of perfecting conditions and procedures for market entry to ensure a competent market operation organization that can match the current scale of operations. According to forecasts, this is a field that will grow rapidly in scale and development in the near future.
Monday is to complete and amend regulations on the organization and activities of business entities and individuals participating in the commodity trading market through the Commodity Exchange.
Tuesday is to complete the contents of state management related to management and supervision as well as related to law enforcement and handling of violations in this field of activity.
In terms of layout, the Draft Decree includes 16 chapters and 140 articles regulating the purchase and sale of goods through the Commodity Exchange.
Discussing at the Workshop, representatives of agencies, businesses, industry associations and experts all affirmed the necessity and importance of the Draft Decree replacing Decree No. 158/2006/ND-CP and Decree No. 51/2018/ND-CP on goods purchase and sale activities through the Commodity Exchange is presided over and drafted by the Ministry of Industry and Trade.
At the same time, delegates also discussed and contributed additional opinions on related content: the role and position of the Commodity Exchange institution in relation to other entities in this field; business conditions, administrative procedures, management of licensing activities to buy and sell goods at the Commodity Exchange; regulations and requirements for trading market participants…
“The Drafting Committee and Editorial Team acknowledge the valuable contributions of the conference participants. The Department of Domestic Market is the focal unit that will synthesize and report to competent authorities on the entire content of delegates’ comments on the Draft Decree.” – Mr. Bui Nguyen Anh Tuan affirmed.
According to Congthuong.vn
