| Date of issue: | 30/05/2018 | Effective date: | 30/05/2018 |
| Document type: | Official document | Status: | In accordance with Decree 09/2018/ND-CP |
| MINISTRY OF INDUSTRY AND TRADE | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| Number: 4248/BCT-KH Regarding the resolution of difficulties in the implementation of Decree 09/2018/ND-CP |
Hanoi, date 30 month 05 year 2018 |
Dear: IPIC Law Firm
(Room 401, 169 Nguyen Ngoc Vu Building, Cau Giay District, Hanoi)
In response to the petition from IPIC Law Firm Co., Ltd. published on the Government's Electronic Information Portal, as requested by the Government Office in Official Letter No. 4316/VPCP-ĐMDN dated May 10, 2018, concerning the provisions of Government Decree 09/2018/NĐ-CP dated January 15, 2018, the Ministry of Industry and Trade has the following opinion:
1. According to Clauses 6 and 7 of Article 3 of Decree 09/2018/ND-CP, the concepts of wholesale and retail are understood as follows:
- Wholesale refers to the activity of selling goods to other merchants or organizations, excluding direct sales to buyers for personal or family consumption.
– Retail is the activity of selling directly to the end consumer for personal and household use.
Accordingly, the regulations have clearly distinguished between the concepts of wholesale and retail buyers of goods.
2. The distribution of consumer goods (food, office equipment, stationery, work safety clothing, etc.) to customers such as factories, businesses, and organizations, for the purpose of equipping their employees or serving the organization's operations, is understood as exercising the right to wholesale distribution and falls under the category of activities that do not require a business license.
The Ministry of Industry and Trade hereby informs the Company./.