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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 177/2013/ND-CP
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Hanoi, November
14, 2013
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DECREE
DETAILING
AND GUIDING THE IMPLEMENTATION OF A NUMBER OF THE LAW ON PRICE
Pursuant to the Law on organization of the
Government dated December 25, 2001;
Pursuant to the Law on Price No.11/2012/QH13 dated June 20, 2012;
At the proposal of the Minister of Finance;
The government issues the decree detailing and
guiding the implementation of a number of the law on price;
Chapter 1.
GENERAL REGULATIONS
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This Decree stipulates in detail and guides the
implementation of a number of the Law on Price on price stabilization and
valuation of the State; price negotiation; inspection of price formation
elements, price declaration, price listing and state management authority in
the field of price and price database;
Article 2. Subjects of
application
Organizations and individuals producing and
trading, consumers, state agencies, other organizations and individuals
involved in activities in the field of price in the territory of Vietnam.
Chapter 2.
PRICE REGULATION
ACTIVITIES OF THE STATE
Section 1: PRICE STABILIZATION
Article 3. Goods and services
subject to price stabilization
1. List of goods and services subject to price
stabilization
a) Gas and oil products for domestic consumption in
the actual temperature include engine gasoline (excluding jet fuel), kerosene,
diesel oil and mazut oil;
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c) Liquefied petroleum gas (LPG);
d) Nitrogenous
fertilizer, urea, NPK fertilzer;
dd) Plant protection chemical, including
insecticides, fungicides, herbicides;
e) Prophylactic vaccines for livestock and poultry;
g) Edible salt;
h) Milk for children under 06 years of age;
i) Edible sugar including white sugar and refined
sugar;
k) Paddy and ordinary rice;
l) Prophylactic medicine and
curative medicine for persons under the list of essential medicines used at
medical examination and treatment facilities.
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3. The Ministry of Health is responsible for
guiding in detail for items specified at Point h and l, Clause 1 of this
Article.
4. Where it is necessary to adjust the list of
goods and services subject to price stabilization specified in Clause 2,
Article 15 of the Law on Price, on the basis of the proposals of the
ministries, ministerial-level agencies (hereinafter referred to as the
Ministry), the People's Committees of provinces and centrally run cities
(hereinafter referred to as the provincial People's Committee), the Ministry of
Finance shall aggregate and make report to the Government for review and
submission to the Standing Committee of the National Assembly for decision.
Article 4. Case of price
stabilization
1. When the market price of the goods or services
specified in Article 3 of this Decree has unexpected changes occurring in the
following cases:
a) The purchase or selling price in the market
increases too high or decreases too low unreasonably compared with the increase
or decrease due to the impact of price formation elements calculated according
to the policy regulations, technical and economic norms or pricing methods
issued by the state competent authority;
b) The purchase or selling price in the market
increases or decreased unreasonably in case of natural disasters, fires,
epidemics, sabotage, financial - economic crises, temporary imbalance of supply
and demand;
2. When the price level
fluctuates and affects the economic and social stability, negatively impacts
the production and people's lives.
Article 5. Price stabilization
fund
1. Price stabilization fund is not included in the
state budget balance and is only used for the purpose of price stabilization as
prescribed by the competent state agencies.
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Where it is necessary to change, additional items
are up price stabilization fund, the Ministry of Finance in coordination with
the relevant government ministries for consideration and decision.
3. The price stabilization fund is set up from the
source as prescribed in Clause 3, Article 17 of the Law on Price.
4. Level of appropriation and use of price
stabilization fund is determined based on the specific production of goods
items set up with the fund, ensuring requirements for use of price
stabilization fund flexibly in accordance with fluctuations of market price.
5. The management and use of the price
stabilization fund must ensure the principle of openness, transparency with the
control and supervision of the competent state authority;
6. Enterprises producing and trading the goods
items set up with the price stabilization fund must implement the regulations
on appropriation, use and management of price stabilization fund as prescribed
by law;
7. The Ministry of Finance
shall assume the prime responsibility and coordinate with the ministries and
sectors concerned to give specific guidance on mechanism of formation,
management and use of price stabilization fund for each goods item and services
specified in Clause 2 of this Article.
Article 6. Price registration
1. During the time the State applies the method of
price registration to stabilize price for specific goods items in the list of
goods and services subject to price stabilization. Producing and trading
organizations and individuals before valuation and adjustment of price of goods
and services shall register price by preparing form of price registration for
submission to the competent state authority. The price registration is done as
follows:
a) Where the producing and trading organizations
and individuals only sell by wholesale, they shall register the wholesale
price;
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c) Where the producing and trading organizations
and individuals are importers and exclusive distributors, they shall register
the estimated wholesale price and retail price;
d) Where the producing and trading organizations
and individuals are exclusive distributors, they shall register the wholesale
price and retail price or estimated retail price; the general agent having the
right to decide on the price and adjust the price shall register the wholesale
price and retail price or estimated retail price; the agent having the right to
decide on the price and adjust the price shall register the retail price;
dd) The registration of price for the items of
edible salt, paddy and rice shall be done by the organizations and individuals
producing and trading the items of edible salt, paddy and rice (excluding
farmers and salt workers). Where the organizations and individuals directly
purchasing edible salt from salt workers and paddy and rice from farmers, they
must register the purchasing price of salt workers’ salt and farmers’ paddy and
rice;
2. The competent state authority shall receive and
review the price registration Form:
a) In the Central:
- The Ministry of Finance shall receive and review
the price registration Form for the goods and services specified at Point a, b,
c, d, dd, e, g, h, i and k, Clause 1, Article 3 of this Decree. In case of
necessity, the Ministry of Finance shall copy and send the price registration
Form to the Ministry of Industry and Trade and or the Ministry of Agriculture
and Rural Development for coordination and review;
- The Ministry of Health shall receive and review
the price registration Form for preventive and curative medicines of human
diseases in the list of essential curative medicines specified at Point 1,
Clause 1 and Article 3 of this Decree.
b) Services of Finance and Services managing
sectors at localities; district People’s Committees as assigned by the
provincial People's Committee responsible for receiving and reviewing the price
registration Form for goods and services specified in Clause 1, Article 3 of
this Decree in local area.
3. The Ministry of Finance shall notify the
producing and trading organizations and individuals that they should carry out
the price registration in the central; regulations on price registration Form
and process of receiving and reviewing the price registration Form. The
provincial People’s Committee shall notify the producing and trading
organizations and individuals that they should carry out the price registration
at locality for producing and trading organizations and individuals not in the
list of producing and trading organizations and individuals to register price
in the Ministry of Finance. For preventive and curative medicines of human
diseases in the list of essential curative medicines specified at Point 1, Clause
1, Article 3 of this Decree, the price registration shall be done under the
guidance of Ministry of Health.
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5. Other goods and services of which the
specialized law has regulations on price registration shall comply with
regulations of that law;
Article 7. Authority and
responsibility for decision on application and implementation of measures to
stabilize price
1. The authority and responsibility for applying
and implementing measures of price stabilization under the provisions of
Article 18 of the Law on Price while implementing under assignment specified in
Clause 2, 3, 4, 5, 6 and 7 of this Article;
2. The Ministry of Finance shall assume the prime
responsibility for and coordinate with the Ministries and sectors to advise and
propose the Government to decide, guide and implement the measures of price
stabilization as follows:
a) Buying or selling goods in the national reserve;
b) Financial measures and price support in
accordance with regulations of law and international commitment;
c) Setting up and using the price stabilization
Fund specified in Article 5 of this Article;
d) Registering price for goods and services subject
to price stabilization excluding preventive and curative medicines of human
diseases in the list of essential curative medicines specified at Point 1,
Clause 1, Article 3 of this Decree;
dd) Examination the price formulation elements;
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g) Other measures as prescribed by law;
3. The Ministry of Industry and Trade, Ministry of
Agriculture and Rural Development shall assume the prime responsibility for and
coordinate with the ministries and sectors responsible for advising and
proposing the Government to decide, guide and implement the measures of price
stabilization as follows:
a) Regulating the demand and supply of domestic
goods and exports and imports; goods between regions and localities in the
country through the organization of goods circulation; buying or selling goods
reserves for circulation;
b) Controlling inventory, examination the amount
and quantity of goods available.
4. The Ministry of Health shall assume the prime
responsibility for and coordinate with the ministries and sectors responsible
for advising and proposing the Government to decide and guide the
implementation of price stabilization for preventive and curative medicines of
human diseases in the list of essential curative medicines specified at Point
1, Clause 1, Article 3 of this Decree by the methods of price stabilization as
follows:
a) Regulating the demand and supply of domestic
goods and exports and imports; goods between regions and localities in the
country through the organization of goods circulation; buying or selling goods
reserves for circulation;
b) Controlling inventory, examination the amount
and quantity of goods available.
c) Registering the price;
d) Examination the price
formulation elements;
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6. Provincial People's Committee according to its
functions, tasks and powers shall organize the implementation of price
stabilization measures decided by the Government and guided by the Ministry of
Finance, the related sector-managing Ministries; proactively implementing the
market stabilization program in accordance with the local actual situation. In
the case of natural disasters, fires, epidemics, sudden accident, based on the
local actual situation, the provincial People's Committee shall decide on the
measures to stabilize prices within its authority as follows:
a) Regulating the supply and demand of a number of
essential goods and services in the area;
b) Financial and monetary measures in accordance
with regulations of law;
c) Registration of price for goods and services
subject to price stabilization as prescribed;
d) Examination the price formulation elements;
controlling inventory, examination the amount and quantity of goods available
in the area.
dd) Applying the price supporting measures in
accordance with regulations of law and international commitment;
e) Determining specific price, maximum price,
minimum price or price bracket of necessary and essential goods and services in
service of production and consumption.
7. The producing and trading organizations and
individuals shall implement the measures of price stabilization decided by
provincial People’s Committee and guided by the Ministries. In case of failure
of performance or improper performance shall be handled under regulations of
law.
Section 2: EVALUATION
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1. The Government and Prime Minister shall evaluate
the goods and services specified in Clause 1 and 2, Article 22 of the Law on
Price and the price of other goods and services under the regulations of
relevant specialized law.
2. The Ministers of ministries shall evaluate the
goods and services as follows:
a) The Minister of Finance regulates:
- The specific price for aviation services
including: services of taking-off, landing, operation of inbound and outbound
flights, flight operation support and security screening;
- Price bracket for: Service of domestic air
transport of exclusive route; the state exclusive services at airport under the
provisions of the Law on Civil Aviation of Vietnam; clean domestic water;
- The maximum purchase price, minimum selling
prices of goods of national reserve (excluding goods of national reserve in the
field of national defense and security), norm of importing and exporting cost
at the storage of national reserve and the maximum exporting cost outside the
storage, preservation cost of national reserve;
- The maximum purchase price of product, public
services and public career services using central budget (excluding products
and services under the authority of evaluation of the Ministries and sectors
and provincial People’s Committee) ordered and assigned with the plan by the
competent state authority;
- The maximum purchase price of goods and services
ordered and assigned with the plan by the Prime Minister for production and
trading with the state budget;
- The minimum selling price for cigarette products
produced in the country;
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b) The Minister of Industry and Trade regulates:
- Specific price for electricity transmission
price, ancillary services price of power system;
- Price bracket for power generation price and
power wholesaling price;
c) The Minister of Agriculture and Rural
Development regulates: Price bracket forests including production forests,
protection and special use forests under the public ownership represented by
the State as owner;
d) Minister of Information and Communication
regulates: price of products and postal and telecommunication services
including the public postal and telecommunication services under the
regulations of law on post and telecommunications;
dd) Minister of Health regulates: price of medical
examination and treatment services as prescribed by law on medical examination
and treatment; drug price paid by the state budget and health insurance as
prescribed by law on pharmaceuticals;
e) The Minister of Transport regulates: Price of
products and public services in the field of management and maintenance of
national railway, road, inland waterway shall comply with the method of State
order or assigned plan for use of central budget.
g) The Minister of Defense regulates:
- Price of products and public services for
national defense produced, supplied, assigned with plan and contractor
appointment by enterprises and units of the Ministry of Defense shall be paid
by the state budget;
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h) Minister of Public Security regulates:
- Price of goods and services for political
security and social order produced and supplied by security enterprises of the
Ministry of Public Security under the order, assigned plan or contractor
appointment of the Ministry shall be paid by the State resources;
- Price of national reserve of political security
and social order;
i) The Ministers of Ministry shall regulate the
specific price for the national reserve, products, public services and public
career services, goods and services ordered and assigned with plan for use of
state budget within the management of Ministry but the Ministry of Finance has
regulated the price bracket, maximum price, minimum price; evaluation of
rental, hire-purchase price of social houses and public houses constructed from
the state budget; selling price or rental of houses owned by the State as
prescribed by law on housing;
k) The Ministers of Ministries
shall regulate the price of other goods and services as prescribed by
specialized law.
3. The Heads of competent agencies or units shall
perform the regulations on specific price of goods and services of which the
State has regulate the price bracket, maximum price, minimum price under the
provisions of this Decree and relevant law.
4. Provincial People’s Committee regulates:
a) Price of types of land;
b) Rental of land or water surface;
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d) The rental or hire-purchase price of social
houses and public houses constructed from the state budget; selling price or
rental of houses owned by the State as prescribed by law on housing;
dd) Price of clean domestic water;
e) Price of State property leasing as
infrastructure works invested from the local budget;
g) Price of products, public services, public
career services and goods and services ordered and assigned with plan for
production and trading with the use of local budget as prescribed by law;
h) Price of education and training services applied
to provincial preschools and public general schools;
i) Price of medical examination and treatment for
medical examination and treatment facilities of the State under the local
management;
k) Rate of price and freight
support in the list of price and freight support shall be paid from local and
central budget; the rate of price or price bracket of goods retailing with
price and freight support; the price of freight of essential goods and services
supply in the list of price support for people in mountainous, remote areas and
islands;
l) The price of other goods
and services is under the regulations of specialized law.
5. Where there is a change in the evaluation
authority specified in Clause 2, Clause 3 and Clause 4 of this Article, the
Minister of Finance shall request the consideration and decision from the
Government;
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1. Submission and appraisal of price plan
a) Goods and services under the evaluation
authority of the Government and Prime Minister with the submission of price
plan from the Ministries managing sectors and fields after the written
appraisal from the Ministry of Finance;
b) Goods and services under the evaluation
authority of the Minister of Finance are prepared with the price plan by the
direct managing authority of production and trading facilities for submission
to the Ministries managing sectors and fields for appraisal. These Ministries
shall then send written request to the Ministry of Finance for decision;
c) The goods and services under the evaluation
authority of Ministries shall be regulated by the Ministers for presentation,
appraisal and decision on price and for submission to the Ministry of Finance
for monitoring and supervision
d) The goods and services under the evaluation
authority of provincial People’s Committee shall be regulated by the provincial
People’s Committee for presentation, appraisal and decision on price. Where the
Services managing sectors, fields, production and trading units submit the
price plan to provincial People’s Committee for consideration and decision,
they must have a written appraisal opinion from the Service of Finance;
2. The time limit for appraisal of price plan and
for price decision;
a) The agency and unit having authority to appraise
price plan specified in Clause 1 of this Article must have a written appraisal
opinion on the content of price plan within 15 working days after fully
receiving dossier of price plan as prescribed;
b) After receiving the price plan with the opinion
of the agencies concerned and appraisal document of the competent authority,
the time limit for price decision of the levels is regulated as follows:
- No later than 15 working days for goods and
services decided by the Government and Prime Minister;
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c) Where it is necessary to extend the appraisal of
price plan and price decision, the agencies and units having the authority to
appraise the price plan or decide on price must inform in writing stating the
reason for the extension to the agency submitting the price plan; the extension
shall not exceed 15 working days.
3. The Ministry of Finance shall regulate the
dossier of price plan;
Article 10. Adjustment of
price evaluated by the State
1. When the price formation elements in the country
and the price in the world fluctuate and have effect on production and life,
the state authority having the authority of evaluation as specified in Article
8 of this Decree shall review and adjust the price in a timely manner.
2. Organizations and individuals have the right to
propose the state authority having the authority of evaluation as specified in
Article 8 of this Decree to adjust the price as prescribed by law. The
organizations and individuals producing and trading goods and services
evaluated by the State must state the reasons and grounds to determine the
price to be adjusted when proposing the competent state authority to adjust the
price.
3. The order and the time for adjustment of price
shall comply with the provisions in Article 9 of this Decree;
4. Where the proposal for adjustment of price is
not reasonable, the agency having the authority of evaluation must reply in
writing to the producing and trading organizations and individuals.
5. Adjustment of price of national reserve shall
comply with regulations of law on national reserve.
Section 3. PRICE NEGOTIATION
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Participants in negotiation of price of goods and
services include: agency organizing price negotiation as specified in Article
24 of the Law on Price; representative of the buyer and seller and of
specialized management agencies and related agencies at the request of the
agency organizing the price negotiation.
Article 12. Implementation of
price negotiation
1. In case of price negotiation, the authority and
responsibility for organization and result of price negotiation shall comply
with the provisions in Article 23, 24 and 25 of the Law on Price.
2. Order of organization of price negotiation is
implemented as follows:
a) The buyer or the seller or both seller and buyer
shall submit dossier of price negotiation as prescribed by law;
b) The agency organizing the price negotiation
shall inform in writing to the parties involved in price negotiation of the
time of negotiation; where the dossier of price negotiation is improperly, the
agency organizing the price negotiation shall inform in writing to the parties
involved in price negotiation for completion as prescribed;
c) Where the buyer and the seller or both buyer and
seller request the price negotiation, both parties have the right to withdraw
their dossiers of price negotiation for reaching an agreement themselves upon
the selling and buying price of goods and services before the competent agency
organizes the price negotiation and must report on the price agreed upon and
the time taken for that price to the agency having the authority to organize
the price negotiation;
3. The Ministry of Finance shall specifically guide
the implementation of price negotiation.
Section 4. EXAMINATION OF PRICE
FORMULATION ELEMENTS
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1. In case of examination of price formulation
elements, the authority and responsibility for examination the price
formulation elements shall comply with the provisions in Article 26 and 27 of
the Law on Price.
2. Order of examination of price formulation
elements:
a) The competent state authority having the right
to check the price formulation elements shall prepare a written request for
examination of price formulation elements and send it to the organizations and
individuals requested for examination of price formulation elements;
b) The competent state authority examination the
price formulation elements shall have request in writing the organizations and
individuals to provide necessary documents for the examination of price
formulation elements;
c) Conducting the examination of price formulation
elements;
d) Announcing the conclusion of examination of
price formulation elements;
3. Time limit for examination of price formulation
elements;
a) The time limit for a examination is 30 working
days maximally after the competent agency makes a decision on examination of
price formulation elements. Where it is necessary to extend the examination of
price formulation elements, the competent agency must inform in writing stating
the reasons for extension to the organizations and individuals to be examined;
the time limit for extension shall not exceed 15 working days.
b) Within 15 working days after the end of
examination of price formulation elements, the competent agency is responsible
for issuing and sending the written announcement of conclusion of examination
to the organizations and individuals and agencies concerned.
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Article 14. Sanction for
violations
1. Based on the result of examination, the
competent state authority shall execute the sanction for violations under the
Government’s regulations on sanction of administrative violations in the field
of price;
2. Where the acts of violation have signs of
criminal law violations, the inspecting agency shall transfer dossier to the
competent authority for sanction under regulations of law;
Chapter 3.
PRICE DECLARATION AND
LISTING
Section 1. Price declaration
Article 15. Goods and services
subject to price declaration
1. Goods and services subject to price declaration
include:
a) Goods and services in the List of goods and
services with application of price stabilization specified in Article 3 of this
Decree during the time the State does not apply the measures of price
registration;
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c) Coal;
d) Animal feed for cattle, poultry and aquatic
animals; antidotal, antidotal, antiseptic, disinfectant drug, treatment for
cattle, poultry and aquatic animals;
dd) Printing and writing paper (rolls), newsprint
produced in the country;
e) Services price at sea ports and price of
aviation services at airport;
g) Freight of passenger transportation by railway
with hard seat type;
h) Textbooks;
i) Air fares on the domestic routes not in the list
of regulation on price bracket specified by the State;
k) Services of medical
examination and treatment of human diseases at the private medical examination
and treatment facilities; medical examination and treatment upon request at the
state-run medical examination and treatment facilities;
l) Freight of passenger
transportation on fixed routes by road; freight of passenger transportation by
taxi;
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n) Other goods and services as
prescribed by specialized law;
2. Based on the actual situation, the Ministry of
Finance shall assume the prime responsibility for and coordinate with the
Ministries and sectors concerned adjust the list of goods and services,
declaration of price except for goods and services specified at Point a, Clause
1 of this Article;
3. Based on the local actual situation, the
Services of Finance shall assume the prime responsibility for coordinate with
the competent authority to request the provincial People's Committees to
supplement a number of particular goods and services and make price declaration
at locality (if any).
Article 16. Implementation of
price declaration
1. Organizations and individuals producing
and trading goods and services subject to price declaration shall implement
price declaration by sending the announcement of declared price to the state
agency having the authority to receive the announcement of price declaration
before evaluation and price adjustment at least 05 in advance, specifically as
follows:
a) Where the producing and trading organizations
and individuals only sell by wholesale, they shall declare the wholesale price;
b) Where the producing and trading organizations and
individuals sell by both wholesale and retail, they shall declare both
wholesale price and detail price;
c) Where the producing and trading organizations
and individuals are importing units and exclusive distributors, they shall
declare the estimated wholesale price and detail price;
d) Where the producing and trading organizations
and individuals are exclusive distributors, they shall declare the wholesale
price and detail price or estimated retail price; the general agent having the
right to decide upon the price and price adjustment shall declare the wholesale
price and detail price or estimated retail price; the agent having the right to
decide upon the price shall declare the retail price;
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a) In the Central:
- The Ministry of Finance shall receive the written
declaration of price for goods and services specified at Point b, c, Article,
dd, e, g, h, i and m, Clause 1, Article 15 of this Decree;
- The Ministry of Health shall receive the written
declaration of price for services of medical examination and treatment of human
diseases at the private medical examination and treatment facilities; medical
examination and treatment upon request at the state-run medical examination and
treatment facilities as specified in Clause 1, Article 15 of this Decree;
b) Services of Finance and sector-managing Services
at localities; district People’s Committees as assigned by provincial People’s Committees
shall receive the written declaration of price for goods and services specified
at Point b, c, d, dd, e, g, h, i, k, l and m, Clause 1, Article 15 of this
Decree in the local areas;
c) For goods and services with price declared as
specified at Point a, Clause 1, Article 15 of this Decree, the competent agency
having the right to receive and review the price registration Form as specified
in Clause 2, Article 6 of this Decree shall receive the written declaration of
price;
3. During the time the State applies the measures
of price registration for price stabilization, organizations and individuals
producing and trading goods and services in the List of price stabilization
shall not perform the price declaration but price registration as specified in
Article 6 of this Decree. When the time of application of measures of price
registration by the State, before the adjustment of price, the organizations
and individuals producing and trading goods and services in the List of price
stabilization shall continue the implementation of price declaration as
prescribed;
4. The Ministry of Finance shall notify the
producing and trading organizations and individuals that they should carry out
the price registration in the central; regulations on price registration Form
and process of receiving and reviewing the price registration Form. The
provincial People’s Committee shall notify the producing and trading
organizations and individuals that they should carry out the price registration
at locality for producing and trading organizations and individuals not in the
list of producing and trading organizations and individuals to register price
in the Ministry of Finance. For Services of medical examination and treatment
of human diseases at the private medical examination and treatment facilities;
medical examination and treatment upon request at the state-run medical
examination and treatment facilities, the price declaration shall be done under
the guidance of Ministry of Health.
5. Other goods and services of which the
specialized law has regulations on price declaration shall comply with the
regulations of that law;
Section 2. PRICE LISTING
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1. Production and trading facilities (with
transaction counter and product selling);
2. Supermarkets, commercial centers and markets as
prescribed by law, stores, shops, kiosks, stalls, transaction places shall
carry out the selling of goods and provision of services.
3. Exhibition with the selling of goods and
provision of services.
4. Other locations as prescribed by law.
Article 18. Method of price
listing
1. The producing and trading organizations and
individuals implementing the price listing under suitable and clear forms
without misleading customers about the selling and purchase price of goods and
services by printing, attaching or specifying price table, paper or packaging
of goods or in other forms at transaction place or goods and services offering
place to facilitate the observation, identification of customers and competent
state authority. For goods and services evaluated by the State, the producing
and trading organizations and individuals must list the proper price as
prescribed by the competent state authority and sell and purchase at the price
listed. For goods and services not in the List of goods and services evaluated
by the State, they shall be listed with price decided by the producing and
trading organizations and individuals and must not sold at the higher price or
purchased at the price lower than the listed one;
2. Currency listed is Vietnam dong unless otherwise
specifically stipulated by law.
3. Listed price is the price of goods and services
including taxes, fees and charges (if any) of those goods and services.
Chapter 4.
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Section 1: MANAGEMENT AUTHORITY
OF THE STATE IN THE FIELD OF PRICE
Article 19. Management
authority of the state in the field of price of the government and Prime
Minister
The management authority of the state in the field
of price of the government and Prime Minister shall comply with the provisions
of the Law on Price and relevant law.
Article 20. Authority of state
management in the field of price of the Ministry of Finance
1. Studying, developing and proposing the
Government to issue or issue the price policies and measures of price
management under its authority.
2. Issuing or propose the competent state authority
to issue the legal normative documents in the field of price.
3. Guiding and directing the implementation of
policies, measures and decision on price of goods and services of the
Government and the Prime Minister;
4. Evaluating the goods and services under its
authority;
5. Performing specialized inspection function of
price.
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Article 21. Authority of state
management of price of Ministries
1. Submitting the policies and measures to manage and
control the price of goods and services under the state management of
Ministries;
2. Issuing the legal normative documents on price
under their authority.
3. Directing the implementation of policies,
measures and decisions on price of goods and services of the Government and
Prime Minister and Ministry of Finance under the management of Ministry.
4. Issuing the technical-economic norms; making a
decision on price of goods and services under their authority;
5. Inspecting or examining the compliance with
regulations of law on price and other regulations of relevant law under the
management of Ministries; handling violations of the law on price under their
authority.
Article 22. Authority of state
management of price of provincial People’s Committee
1. Issuing legal normative documents under its
authority;
2. Directing the implementation of policies,
measures and decisions on price of goods and services of the Government, the
Prime Minister and Ministry of Finance and specialized management Ministries;
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4. Inspecting or examining the compliance with
regulations of law on price and other regulations of relevant law at
localities; settling complaints and denunciations and handling violations of
law on price under its authority.
Article 23. Specialized
inspection of price
1. Inspectors of the Ministry of Finance and the
Price Management Department under the Ministry of Finance shall perform the
specialized function inspection of price nationwide. Inspectors of the
provincial Finance Departments shall perform the specialized function
inspection of price within their provinces.
2. The specialized function inspection of price
shall comply with the regulations of law on inspection;
3. The specialized inspection of price shall handle
acts of violation of law on price as prescribed by law on handling of
administrative violation and law on inspection.
Section 2: DATABASE OF PRICE
Article 24. Subjects
developing database of price
State management agencies of price at the central
level include the Ministry of Finance and Ministries managing sector and fields
and provincial Services of Finance shall develop database system of price for
state management in the field of sectors and localities;
The Ministry of Finance shall develop the national
database center on price. This center shall be the focal point of connected
database system of price of Ministries, sectors and localities; provide
information on price for the state management and at the request of
organizations and individuals as prescribed by law.
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1. The contents of database of
price includes:
a) Price of goods and services evaluated by the
State;
b) Price of goods and services in the list of price
registration and declaration;
c) Market price of goods and services in the list
of market report as prescribed by the Ministry of Finance;
d) Market price of other necessary goods and
services for forecast and state management of price;
dd) Information on property price is appraised as
prescribed by law on price and price appraisal;
e) Other information for price management as
prescribed by law;
2. Information source for developing database
includes:
a) Information surveyed and collected by the state
management agency on price and provided by the state management agency.
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c) Information provided by the producing and trading
organization as specified in Clause 7, Article 12 of the Law on Price and other
necessary cases for the state management.
3. The Ministry of Finance shall give specific
guidance on this Article.
Chapter 5.
IMPLEMENTATION PROVISION
Article 26. Effect
1. This Decree takes effect on January 01, 2014
2. Annulling Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the
implementation of a number of articles of Ordinance on Price, Decree No. 75/2008/ND-CP dated June 09, 2008 of the
Government on modification and supplementation of a number of Decree No. 170/2003/ND-CP dated December 25, 2003 of
the Government detailing the implementation of a number of Ordinance on Price.
The previous provisions in contradiction with this Decree are annulled.
Article 27. Responsibility for
implementation of Decree
1.The Ministry of Finance is responsible for
guiding and organizing the implementation of this Decree.
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FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung