The CIRCULAR regulates the content, sequence, procedure, appraisal, approval of the development plan of business pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 92/2006/ND-CP on 7 September 2006 by the Government on creation, approval and management of the overall socio-economic development and the Decree No. 04/2008/ND-CP dated 11 January 2008 Government's additional amendment of some articles of Decree No. 92/2006/ND-CP on the , approval and management of the overall socio-economic development;
Pursuant to Decree No. 140/2006/ND-CP on November 22, 2006 by government regulations to protect the environment in the stitch setting, appraisal, approval and implementation of the strategy, planning, plan, program and project development;
Minister of industry and trade regulation of content, sequence, procedure, appraisal, approval of the commercial industry development plan as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the content, sequence, procedure, assess, approve, publish, manage and monitor development of the commercial sector, including: a) the commercial sector development planning country planning, commercial development region (the economy, the key economic region , on the hallway/economic belt); commercial development plan city centrally;
b) development planning commercial infrastructure system.
2. Development of production system tied to the system of distribution of a product, the product groups according to the decision of the Prime Minister, not in the scope of this circular.
Article 2. The object that applies to this circular apply to agencies, organizations, individuals, appraise, approve, manage the development of the commercial sector by the Ministry of industry and Commerce and the provincial people's Committee of management.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the development of the commercial sector is the system the views, objectives, orientation, solutions, mechanisms and policies in order to develop trade and commercial industry reasonable distribution in certain period on nationwide , the territories and provinces.
2. management planning commercial development is the whole of the activities include: establishment, approval, implementation, test, monitor, adjust, supplement the commercial development plan.
3. To adjust, modify, supplement is planning to adjust, modify, supplement the goals, tasks, or the content has been approved but is in the process of implementing saw no longer fit the actual conditions.
4. Type of trade mainly includes the kind of wholesale trade and retail trade.
5. Types of business commerce: includes enterprises active in the field of trade in all economic sectors.
6. commercial infrastructure system including: commercial center, supermarkets; the market system; retail store system of petroleum; retail store systems for petroleum gas, the system gross goods warehouses, bonded warehouse, lot Center-gi-stíc; the fair, the Exhibition Center; the center of information, promotion of trade.
7. goods delivery network is the network linking the sales base of manufacturers, importers, distributors or sales agents for the supply of goods to consumers.
8. The Agency is chaired the Agency functions under management Industry or provincial people's Committee was entrusted with planning, monitoring implementation of the planning industry.
Article 4. The types of commercial sector development planning The kind of commercial sector development plan include: 1. Development of the commercial sector as a territory) commercial sector development planning of the country;
b) trade development planning region (the economy, the key economic region), corridor/economic belt;
c) development planning local trade (the city centrally), hereinafter referred to as the commercial planning.
2. Development of commercial infrastructure, including: a) development planning system of commercial centers, supermarkets;
b) development planning system of the fair, the Exhibition Center;
c) development planning information center system, promotion of trade;
d) market system development plan;
DD) system development planning retail gasoline;
e) planning systems retail store liquefied petroleum gas;
g) development planning goods warehouse system, bonded warehouse, lot Center-gi-stíc.
Article 5. Planning phase to commercial sector development depending on the kind of scale that stage commercial development planning was established as follows: 1. the development of the commercial sector the country established for the period of 10 years and is considering the next 10 years.
2. Development of trade territories was established for the period of 10 years, are considering the next 5-10 years.
3. the trade development plan was established for 10 years, has reviewed prospects for the next five years.
4. Development of a commercial infrastructure be established for 10 years has reviewed prospects for the next 10 years for the development of commercial infrastructure throughout the country; 5-the next 10 years for the development of the commercial infrastructure of the territory and the next five-year development plan for the commercial infrastructure of the province.
Article 6. Planning responsibilities 1. Industry is responsible for master planning commercial development throughout the country; territories; planning of commercial infrastructure throughout the country; territories.
2. provincial people's Committee is responsible for planning the trade development; planning of commercial infrastructure system by the management.
3. in the planning process, the Agency is responsible for planning can offer expert, hired consultants to perform.
Article 7. The choice of consultants choosing planning advice unit are made through tender or the tender specified under the provisions of the law. Consultants involved in the bidding or tender specified must have the legal personality of the planning activities, have the capacity and experience of planning consistent with the nature of the project planning, have enough financial resources. Responsible person (project leader) must have expertise in the field of planning requirements.
Chapter II CONTENT of the COMMERCIAL INDUSTRY DEVELOPMENT PLAN article 8. The content development of the commercial sector according to territories 1. Overall planning of development of commercial industry in the country including the following major contents: a) preamble: the need; The purpose; Required; The legal base;
b) overview of the situation of socio-economic development of the country (the status and the development direction);
c) current state of the commercial industry development of Vietnam-the scale and speed of development of the commercial sector (at least 5 years before the time of planning);
-Export-import;
-Organization and market structure (foreign and domestic);
-The development of these types of businesses trade under the economic sectors (State, private, foreign) and according to the structure of the sector (wholesale, retail, franchise, agents);
-Develop trade infrastructure system;
-The level of technology;
-Development investment (capital execution, infrastructure formation);
-Reviews the implementation of planned commercial development the country stage.
d) analysis, forecasts trade-development trends of world economy and the trend of development of world and regional trade;
-The position and role of the commercial sector in the national economy;
-Commercial development trends in water supply and resource prediction + needs 1 number of goods primarily; Determine the volume of the market of goods;
+ Commodity trading method;
+ Ability to develop trade infrastructure.
DD) commercial development planning country-perspective, the goal (General, specifically), the development orientation;
-Development planning + demonstration projects planning, selection of optimal ensure planning objective;
+ Plans according to the option selected.
e) list a number of programs, commercial projects investment priority (first 5 years of planning);
g) planned investment demand (expected investment capital structure);
h) land use needs in developing commercial infrastructure system;
I) demonstrating alternative development planning on planning map;
k) strategic environmental assessment;
l) solutions and the mechanism of implementing policy;
m) implementation.
Content master plan for developing country trade is regulated in detail in Appendix 1 attached.
2. Development of trade territories include the following major contents: a) preamble: the need; The purpose; Required; The legal base;
b) overview of the situation of socio-economic development of territories (current status and directions of development);
c) current state of the commercial sector development territories – the scale and pace of development of trade territories (at least 5 years before the time of planning);
-The development of commercial enterprises under the economic sectors (State, private, foreign), the role of the traders on the market; the structure of the sector (wholesale, retail, franchise, agents);
-The situation of the circulation of goods, export-import;
-Development of the distribution network of wholesale/retail; developing commercial infrastructure system;
-Reviews computer links territories;
-Reviews the implementation planning stage before commercial development.
d) analysis, forecasting development trend of trade territories-the trend of economic development and trade in the country, in the territories;
-The position and role of the commercial sector for the economy of the territory;
-Supply and demand and commodity trading method;
-Capacity of the market some goods primarily;
-The method of trading goods;
-Ability to develop trade infrastructure system.
DD) commercial development planning territory-the views, objectives (General and specific), the development orientation;

-Development planning + demonstration projects development, selection of optimal ensure implementation of the goals of planning;
+ Plans according to the option selected.
e) list a number of programs, investment projects primarily commercial (first 5 years of planning);
g) planned investment demand (expected investment capital structure);
h) land use needs in developing commercial infrastructure system;
I) demonstrating alternative development planning on planning map;
k) environmental protection measures;
l) solutions and the mechanism of implementing policy;
m) implementation.
Content development planning trade territory is regulated in detail in annex 2 attached.
3. the trade development plan includes the following major contents: a) preamble: the need; The purpose; Required; The legal base;
b) overview of the situation of socio-economic development of the province (current status and directions of development);
c) current state of development of the commercial-scale and commercial development the speed (at least 5 years before the time of planning);
-Export-import;
-Organization and market structure;
-The situation of commercial enterprises development under the economic sectors (State, private, foreign) and according to the structure of the sector (wholesale, retail, franchise, agents);
-Develop trade infrastructure system;
-The level of technology;
-Development investment (capital execution, infrastructure formation);
-Reviews the implementation of the commercial development plan period.
d) analysis, forecasting the trends-the development trend of trade in the territory, in the province;
-The position and role of the commercial sector for the economy of the province + supply and resource forecasting consumer demand some goods mainly, determine market capacity of goods (import-export and domestic);
+ Commodity trading method;
+ Ability to develop trade infrastructure system.
DD) development plan-views, objectives (General and specific), the development orientation;
-Development planning + demonstration projects development, selection of optimal ensure implementation of the goals of planning;
+ Plans according to the option selected.
e) list a number of programs, investment projects primarily commercial (first 5 years of planning);
g) planned investment demand (expected investment capital structure);
h) land use needs in developing commercial infrastructure;
I) demonstrating alternative development planning on planning map;
k) environmental protection measures;
l) solutions and the mechanism of implementing policy;
m) implementation.
The content development of the trade is regulated in detail in Appendix 3 attached.
Article 9. Content development planning commercial infrastructure system 1. For nationwide: planning for each type of trade infrastructure.
2. With regard to the scope of local and territorial: Establish individual planning for each type of trade infrastructure: a) the system of commercial centers, supermarkets, markets;
b) System Center fair-exhibition, information center-commercial promotion, the total goods warehouse, bonded, lot Center-gi-stíc;
c) system of petroleum retail outlets, retail stores systems petroleum liquefied gas.
3. The development of commercial infrastructure system within the country, the scope of the territory, the local has the following major contents: a) preamble: the need; The purpose, requirements; The legal base;
b) commercial development status (at least 5 years prior to the planning stage);
c) status of developing commercial infrastructure system (type, scale, distribution);
d) state management situation of commercial infrastructure;
DD) reviews the implementation of the planning development of commercial infrastructure system the previous phase (if available);
e) analysis, forecasting development trend-oriented and commercial development goals;
-Consumer demand of goods through commercial infrastructure system;
-The market share of each type of distribution of the goods.
g) development planning-trade infrastructure perspective, the goal (General and specific), the development orientation;
-Development planning + demonstration projects development, selection of optimal guarantee planning goals;
+ Plans according to the option selected.
h) capital investment needs according to the period (expected investment capital structure);
I) list a number of programs, priority investment project (first 5 years of planning);
k) land use needs in developing commercial infrastructure system;
l) expressing alternative development planning trade infrastructure on the planning map;
m) environmental protection measures and fire prevention;
n) solutions and the mechanism of implementing policy;
o) implementation.
Content development planning commercial infrastructure system are stipulated in detail in annex 4.
Chapter III sequence, PROCEDURE for ESTABLISHING the OUTLINE REPORT, estimation, planning, EVALUATION and APPROVAL of COMMERCIAL SECTOR DEVELOPMENT PLAN 10. Establishment registration and listing of funding annual planning 1. For the planning by Industry Management: every year, according to the actual requirements management, functions and tasks of the Ministry of industry and Commerce and other duties by the Government, the Prime Minister, Ministry of industry and trade construction planning the development of the commercial sector, the development of commercial infrastructure system , both new construction and adjustments for next year, including the main content as the name of the planning, implementation period, funding is expected, sending Government Office, Ministry of planning and investment, the Ministry of finance to General, balance the budget under the current rules the Prime.
On the basis of State funding allocation, Industry balance planning tasks, select Directory of planning need to build in the year according to priority, assigned to the Agency chairing the Organization deployed according to schedule.
2. for planning by the provincial people's Committee of management annually, according to the progress of the construction plan of the Department of industry and trade, planning to build a commercial development plan, planning commercial infrastructure system in the province for the next year (as stated on the item content) sent people's Committee , Department of planning and investment, the Department of finance to consider the balanced budget, according to current rules the provincial people's Committee.
On the basis of funding was arranged, the Department of industry and trade balance planning tasks, select Directory of planning need to build in the year according to priority, assigned to the Agency chairing the Organization deployed according to schedule.
Article 11. The sequences, procedures established the outline, estimating 1. On the basis of the layout of the budget and tasks, the Agency chaired or consultants selected according to article 7 of chapter I of this circular are responsible for establishing the outline prescribed estimation process, the Minister of industry and trade (for planning management by the Ministry of industry and trade) or the Chairman of the provincial people's Committee for planning (due to the the city management) for approval within 30 days after being selected. In some special cases, the work to establish the outline, renewed estimation (maximum 30 days). The renewal by the Minister of industry and trade (for planning management by the Ministry of industry and trade) or President of the people's committees of the province (for planning by the province, City Manager) to consider and decide. The outline and the approved estimates are the basis for planning for and payment of costs under the current rules.
In case it is necessary to adjust, supplement the outline and estimation, the Agency chaired the review process of the Minister of industry and trade or the Chairman of the provincial people's Committee decision.
2. Estimating the cost of implementing the work created, due diligence, disclosure and adjust the planning done under current rules.
Article 12. Reporting The trade development planning reporting planning commercial development must ensure the following requirements: 1. the planning report must be established in accordance with the approved outline and timelines.
2. in the planning process, the Agency chaired/consultants are responsible for the correct implementation of the progress of the steps survey, collecting data, processing, synthesis report, the Organization of workshops, the Organization consulted relevant bodies, complete a plan and the browser as specified in clause 1 article 14 below.
Article 13. Profile process 1. With regard to planning approval by the Prime Minister, the record consists of: a the planning approval Sheet) of the Ministry of industry and trade, including content acquisition Prize opinions of related agencies;
b) the draft decision approving the planning of the Prime Minister;
c) the report of the planning was complete (the number required by the host agency);
d) A summary of the planning was complete (the number required by the host agency);
DD) system map 1/1,000,000 rate of synthesis of the current state and planned distribution of commercial infrastructure mostly follow the outline had been approved by the competent authority;
e) text by the ministries, local related (copy).
Content of the Sheet and the draft decisions of approval planning according to Appendix 5 of this circular.
2. for planning by the Minister of industry and trade approved, records include: a) text recommended by the Planning Advisory Unit;
b) Sheets of lead agencies, including content acquisition prize of the opinion of the relevant body;
c) the draft decision approving the planning of the Minister of industry and trade;
d) the report of the planning was complete (the number required by the host agency);
DD) planning summary report was complete (the number required by the host agency);
e) system map 1/500,000 about current status and planning the distribution of commercial infrastructure mostly follow the outline had been approved by the competent authority;
g) text comments of the ministries, local relevance.
Content of the Sheet and the draft decisions of approval planning according to Appendix 5 of this circular.
3. With regard to the planning of trade by the Chairman of the provincial people's Committee approval, the records include: a) text recommended approval of consultants;

b) sheets of the planning of the Department of industry and commerce, including the content and the evaluation process followed the opinion of the relevant body;
c) the draft decision of approval of the Chairman;
d) opinions written by the Ministry of industry and trade;
DD) planning report was completed (the number required by the Department of industry and trade);
e) A summary of the planning was complete (the number required by the Department of industry and trade);
g) system map 1/250,000 rate of synthesis of the current state and planned distribution of commercial infrastructure mostly follow the outline had been approved by the competent authority;
h) text comments of the local departments concerned.
Content of the Sheet and the draft decisions of approval planning according to Appendix 5 of this circular.
Article 14. Procedure for the evaluation and approval of commercial development plan 1. The evaluation of the report by the planning authority planning project implementation. Project appraisal Council commercial planning was established under the provisions of Decree No. 03/2008/ND-CP of the Government on 11 January 2008 is responsible for performing the tasks specified in this Decree.
2. With regard to the planning authority for approval of the Prime Minister: a) within 45 working days of receipt of a valid application specified in clause 1 article 13-profile executives, Industry chaired the founding authority to conduct the appraisal report planning. In case of need, the Industry can hire consultants on consulting, appraisal to staff appraisal;
b) to base the opinion of the authority, the Agency chaired/consultants have additional responsibilities, improve the planning report to the Ministry of industry and trade. Within 15 working days from the date the planning report has been finalized, the Industry completed evaluation reports the Prime review , for approval.
3. With regard to the planning authority for approval of the Minister of industry and trade: a) within 45 working days of receipt of a valid application specified in clause 2 article 13-profile executives, the Agency chaired the planning process of the Minister decided to establish authority to conduct the appraisal report planning. In case of necessary Industry can hire consultants on consulting, appraisal to staff appraisal;
b) to base the opinion of the authority, the Agency chaired/consultants are responsible for finalizing the report of the planning process Industry. Within 15 working days, since the planning report is complete, the Agency chaired the evaluation reports to the Minister of industry and trade review , for approval.
4. With regard to the planning authority for approval of the Chairman of the provincial people's Committee a) within 25 working days from the date of receiving the documents specified in paragraph 3 of the article 13-profile process, the Department of industry and Commerce chaired advised provincial people's Committee decided to set up the Council of appraisal report planning. In case of need can hire consultants on consulting, appraisal to staff appraisal;
b) to base the opinion of the authority, the Agency chaired/additional advisory units, improve the report. Within 15 working days, since the planning report is complete, the Department of industry and trade to complete diligence report the Chairman of the provincial people's Committee consideration, approval.
Article 15. Adjust, modify, Supplement planning 1. Minister of industry and trade decided to adjust, modify, complement trade development plan approval authority.
2. The Chairman of the provincial people's Committee decision to adjust, modify, complement trade development plan approved by the authority of the Chairman of the provincial people's Committee after there is agreement by Industry. 3. The Group A commercial project under regulations on the management of investments and construction works not in the planning, was only tíên onions made the investment preparation to be the Prime Minister for allowing the proposal of Ministry of industry and trade. within 30 days from the date of the additional requirements in the project planning , Industry Review and report the Prime Minister; After receiving comments from the Prime Minister's direction, Industry answered the Agency additional planning requirements are known.
Chapter IV IMPLEMENTATION MANAGEMENT PLANNING COMMERCIAL SECTOR DEVELOPMENT article 16. Decentralized management 1. Industry is responsible for governance of the development planning of commercial country, territory; development of commercial infrastructure system within the country, the region and the territory planning approved by the decision of the Prime Minister.
2. provincial people's Committee is responsible for managing the implementation of trade development planning, infrastructure planning, local commercial due to the approval, coordination with the Ministry of industry and trade to check the implementation of other trade development planning in the province.
Article 17. Plans 1. Industry is responsible for publication of the commercial industry development plan approved by the authority and approved by authorized during 7 working days from the date of the decision of approval was issued.
2. provincial people's Committee responsible planned development of local trade during 7 working days from the date of the decision of approval was issued.
3. documents published text is the decision approving the planning and official planning report on the Website of the Ministry of industry and trade, the local newspaper or on the Website of the province has approved planning.
4. host agency is responsible for hosting a planning report was approved along with other relevant documents.
Article 18. Reporting, inspection planning 1. The Service management industry, the field of the Ministry of industry and commerce is responsible for inspection and report on the situation of construction planning in the planning and implementation of the commercial development plan has been approved to send Service planning report before the Minister on December 20.
2. The Department of industry and commerce is responsible for the synthesis report, the people's Committee and the Industry on the State of planning in the planning and implementation of the master plan was approved before the December 10 every year.
3. test mode implementation strategy, planning, annual compliance plan according to the current rules of the Government, the Prime Minister.
Chapter V IMPLEMENTATION article 19. Implementation institutions, relevant personal responsibility taken as prescribed in this circular.
In the process, if there are problems and obstacles or need to Exchange, suggest the industry, the provinces, the central city in direct contact with the Ministry of industry and trade to consider, resolve.
Article 20. Effective enforcement of this circular effect since 21 June 2010./.