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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
122/2010/TT-BTC
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Hanoi,
August 12, 2010
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CIRCULAR
AMENDING AND SUPPLEMENTING THE FINANCE MINISTRY'S CIRCULAR
NO. 104/2008/TT-BTC OF NOVEMBER 13, 2008, GUIDING THE GOVERNMENT'S DECREE NO.
170/2003/ND-CP OF DECEMBER 25, 2003, DETAILING A NUMBER OF ARTICLES OF THE
PRICE ORDINANCE AND THE GOVERNMENT'S DECREE NO. 75/2008/ND-CP OF JUNE 9, 2008,
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO.
170/2003/ND-CP OF DECEMBER 25,2003, DETAILING A NUMBER OF ARTICLES OF THE PRICE
ORDINANCE
Pursuant to the Government's
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers
and organizational structure of the Ministry of Finance;
Pursuant to the Government's Decree No. 170/2003/ND-CP of December 25, 2003,
detailing a number of articles of the Price Ordinance (below referred to as
Decree No. 170/ 2003/ND-CP);
Pursuant to the Government's Decree No. 75/ 2008/ND-CP of June 9, 2008,
amending and supplementing a number of articles of the Government's Decree No.
170/2003/ND-CP of December 25, 2003, detailing a number of articles of the
Price Ordinance (below referred to as Decree No. 75/2008/ND-CP);
Pursuant to the Prime Minister's Decision No. 116/2009/QD-TTg of September 29,
2009, on supplementation of the list of goods and services subject to price
valorization;
Pursuant to the Government Office's Official Letter No. 3450A/PCP-KTTH of May
24, 2010, on promulgation of a circular on price management,
The Ministry of Finance amends and supplements the Finance Ministry's Circular
No. 104/2008/TT-BTC of November 13, 2008. guiding Decree No. 170/2003/ND-CP and
Decree No. 75/2008/ND-CP (below referred to as Circular No. 104/2008/TT-BTC) as
follows:
Article 1.
To amend and supplement Part A of Circular No. 104/2008/TT-BTC as follows:
"A . GENERAL PROVISIONS
1. Scope of regulation
This Circular guides price
valorization; powers and responsibilities of agencies, organizations and
individuals in the elaboration, submission and appraisal of price plans and
decisions; dossiers of and procedures for price consultation; control of price
constituents: and forms of and procedures for registration and declaration of
goods and service prices.
2. Subjects of application
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2.2. State management agencies
shall, based on their competence and this Circular valorize prices: elaborate,
submit and appraise price plans and make price decisions; control price
constituents: hold price consultations: receive dossiers and supervise and examine
producers and traders in price registration and declaration and observance of
the state law on prices.
2.3. When a treaty to which
Vietnam has signed or acceded otherwise provides pricing applicable to foreign
producers and traders in Vietnam, such treaty prevails."
Article 2.
To amend and supplement Section I. Part B of Circular No. 104/2008/TT-BTC as
follows:
1. To amend Clause 1, Section
I, Part B:
"1. The list of goods and
services subject to price valorization provided in Clause 2, Article 1 of Decree
No. 75/2008/ND-CP and the Prime Minister's Decision No. 116/2009/QD-TTg of
September 29. 2009."
2. To amend Clause 2, Section
I, Part B:
"2. Conditions for
application of price valorization measures
2.1. Competent state management
agencies shall announce the application of price valorization measures under
law when domestic market prices of goods and services on the list of those
subject to price valorization undergo abnormal fluctuations in at least one of
the following cases:
a/ The price increases higher
than the price increase of input elements or higher than the cost price of
imports because producers or traders calculate price constituents (production,
product and circulation costs, profits, etc.) at variance with regimes and
policies, techno-economic norms and pricing regulations promulgated by
competent state agencies.
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b/ The price increases or
decreases groundless!)' while price constituents undergo no fluctuations upon
occurrence of natural disasters, fires, epidemics, enemy sabotages or economic
and financial crises, or temporary supply-demand imbalances: or due to
groundless rumors about price increase or decrease.
c/ The price increases or
decreases unreasonably because producers or traders abuse their monopolistic
positions or market dominance or enter into alliance to create price monopoly
under the Competition Law and relevant laws.
2.2. For goods and services on
the price valorization list decided by People's Committees of provinces and
centrally run cities (below referred to as provincial-level Peoples
Committees), provincial-level Finance Departments shall, based on the above
conditions and local realities, advise and propose provincial-level People's
Committees to specify conditions for application of measures to valorize the
prices of these goods and services suitable to local realities in each
period.''
3. To amend Clause 3, Section
I, Part B:
"3. Competence to decide on
price valorization measures
3.1. When prices of goods and
services on the price valorization list fluctuate abnormally under Clause 2.
Article 2 of this Circular, the Ministry of Finance shall, based on realities,
report and propose the Prime Minister to decide on and announce the application
of one or several price valorization measures specified at Point 1. Clause 3,
Article 1 of Decree No. 75/2008/ND-CP, specifically as follows:
a/ Measures to balance supply
and demand for goods and services (between production and consumption, between
production and import-export, among areas and regions nationwide, between
points of time in the year, etc.):
b/ Purchasing and selling
national reserve commodities within the state reserve system;
c/ Controlling goods inventories
of producers and traders:
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3.2. The Minister of Finance
shall decide on price valorization measures specified at Point 3.1 of this
Clause when authorized by the Prime Minister; and concurrently, based on
his/her competence and realities, decide on and announce the application of one
or several price valorization measures specified at Point 2, Clause 3. Article
1 of Decree No. 75/2008/ND-CP. specifically as follows:
a/ Setting maximum prices,
minimum prices and price brackets of goods and services subject to price
valorization to serve as a basis for producers and traders to decide on specific
buying or selling prices;
b/Controlling price constituents
of goods and services subject to price valorization: the Ministry of Finance
shall assume the prime responsibility for. and coordinate with concerned
ministries and sectors and provincial-level People's Committees in.
implementing Article 22a in Clause 10, Article 1 of Decree No. 75/ 2008/ND-CP
and Article 6 of this Circular:
c/ Registering and declaring
prices under Article 22b in Clause 10. Article 1 of Decree No. 75/2008/ND-CP
and Articles 7 and 8 of this Circular;
d/ Publicizing price information
under Article 22c in Clause 10. Article 1 of Decree No. 75/2008/ND-CP;
e/ Other economic and
administrative measures according to his/her competence, including:
- Deciding to suspend the
application of goods or service prices unreasonably set by producers and
traders and ordering the application of the prices before abnormal
fluctuations;
- Imposing a caution or fines
under the law on sanctioning of administrative violations in the. pricing domain
and relevant laws; collecting disparities gained from the unreasonable price
increase into the stale budget;
- Proposing competent agencies
to deprive the right to use business eligibility certificates and business
licenses of producers and traders for a definite or an indefinite term under
law;
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- Deciding on thrift practice
and waste combat measures to reduce product costs; and techno-economic measures
to support production and business under law.
3.3. Provincial-level People's
Committee chairpersons shall decide on and announce the application of price
valorization measures specified at Point 3. Clause 3. Article 1 of Decree No.
75/2008/ND-CP, specifically as follows:
a/ Measures to balance goods and
service supply and demand according to their competence:
b/ Financial and monetary
measures under law;
c/ Registering and declaring
prices under Article 22b in Clause 10, Article 1 of Decree No. 75/2008/ND-CP
and Articles 7 and 8 of this Circular:
d/ Publicizing price information
under Article 22c in Clause 10. Article 1 of Decree No. 75/ 2008/ND-CP:
e/ Other economic and
administrative measures according to their competence including:
- Deciding to suspend the
application of goods and service prices unreasonably set by producers and
traders against current regulations and ordering the application of the prices
before abnormal fluctuations.
- Imposing a caution or fines
under the law on sanctioning of administrative violations in the pricing domain
and relevant laws: collecting disparities gained from the unreasonable price
increase by producers and traders into the state budget;
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- Forming teams to examine and
inspect price constituents, the observance of state regulations on price
management, and price posting and sale of goods and services at prices set by
competent agencies and registered, declared and posted prices: sanctioning
administrative violations in the pricing domain under law:
- Deciding on thrift practice
and waste combat measures to reduce product costs; and techno-economic measures
to support production and business under law."
4. To amend Point c, Item 4.1,
Clause 4, Section I, Part B:
"c/ Assume the prime
responsibility for, and coordinate with concerned agencies in, controlling
price constituents of commodities specified in Article 22a in Clause 10.
Article 1 of Decree No. 75/2008/ND-CP and Article 6 of this Circular or advise
the Minister of Finance to direct professional agencies under the Ministry or
provincial-level Finance Departments in controlling price constituents of goods
and services of producers and traders operating in their localities/'
5. To amend Points a and 1,
Item 4.2, Clause 4, Section 1, Part B:
"a/ Assume the prime
responsibility for. and coordinate with local concerned agencies and units in.
promptly proposing chairpersons of provincial-level People's Committees to
apply price valorization measures decided by the Prime Minister or the Minister
of Finance: and proposing chairpersons of provincial-level People's Committees
to decide on and announce the application of price valorization measures in
their localities according to their competence.
b/ Assume the prime
responsibility for. and coordinate with local concerned agencies and units in,
controlling price constituents of commodities under their competence provided
in Article 22a in Clause 10. Article 1 of Decree No. 75/2008/ND-CP and Article
6 of this Circular and under the Finance Minister's direction; examine the
observance of the law on prices and other relevant regulations such as those on
examination of price posting and sale of goods and services at prices set by
competent agencies and posted prices: price registration and declaration and
publicity of price information of goods and services subject to price
registration and declaration (according to their competence), detect and
promptly handle violations of the Price Ordinance and relevant laws; and
examine the application of price valorization measures."
6. To add Clause 6 below to
Section I, Part B:
"6. Once every month or at
the request of agencies competent to decide on price valorization, the General
Department of Customs shall send a statistical list of imports and exports to
the Price Management Department; local customs offices shall send statistical
lists of imports and exports to Finance Departments of localities of which
those customs offices take charge."
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1. To amend the title of
Section II as follows:
"II. Powers and
responsibilities of agencies, organizations and individuals in the elaboration,
submission and appraisal of price plans and decisions for goods and services to
be priced by the State."
2. To add the following to
below the title of Section II and above Clause 1, Section II, Part B:
"Pursuant to Clauses 5 and
6. Article 1 of Decree No. 75/2008/ND-CP. providing the competence to value
assets, goods and services to be priced by the State, ministries, sectors.
provincial-level People's Committees, and producers and traders shall
elaborate, submit and appraise price plans and decide on prices in accordance
with Clause 5. Article I of Decree No. 75/2008/ND-CP. Section II of Circular
No. 104/2008HT-BTC and this Circular."
3. To amend Item 1.1, Clause
I, Section II, Part B:
"1.1. Methods of
determining land prices, price brackets for land of different categories shall
be developed and submitted by the Ministry of Natural Resources and Environment
after obtaining written opinions of concerned ministries, sectors and
provincial-level People's Committees and written appraisal of the Ministry of
Finance to the Government for promulgation."
4. To add Item 1.4 below to
Clause 1, Section II, Part B:
" 1.4. Price brackets for
land and water surface lease shall be set and submitted by the Ministry of
Finance after obtaining written opinions of concerned ministries and sectors
and provincial- level People's Committees to the Government for decision."
5. To amend Items
3.2,3.3,3.4,3.7 and 3.8, Clause 3, Section II, Part B:
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3.2. Maximum purchase prices and
minimum sale prices of national reserve commodities:
- For national reserve
commodities managed by the National Reserve Department (excluding those for
defense, security and cipher purposes), plans on maximum purchase prices and
minimum sale prices, and import and export expenses (expenses for goods release
for barter and for relief) and preservation expenses, for which norms are not
available, in a planning year under the Ordinance on National Reserves shall be
elaborated and sent by units and organizations assigned to purchase, sell,
release and supply these commodities to the National Reserve Department for
approval. The National Reserve Department shall subsequently send written
request to the Price Management Department for appraisal and submission of
these plans to the Minister of Finance for decision.
- For national reserve
commodities managed by ministries and sectors (including also those for
defense, security and cipher purposes), plans on maximum purchase prices and
minimum sale prices (excluding those for defense, security and cipher
purposes); and import and export expenses (expenses for goods release for
barter and for relief) and preservation expenses, for which norms arc not
available, in a planning year under the Ordinance on National Reserves shall be
elaborated and submitted by establishments directly managing national reserves
commodities to managing ministries or sectors for approval.
These ministries or sectors
shall subsequently send a written request to the Price Management Department
for appraisal and submission of these plans to the Minister of Finance for
decision.
3.3. For public-utility products
and services ordered or planned by competent state agencies; goods and services
produced and provided by state orders and paid with state budget funds
(excluding goods and services to be priced by other ministries and sectors and
provincial-level People's Committees) through contractor designation or self-execution
under the Bidding Law. not through auction, price plans shall be elaborated and
submitted by producers and traders of goods and services to line ministries or
sectors for appraisal and subsequent proposal to the Minister of Finance for
decision.
3.4. For domestic air freight
rate brackets, service charge rates for takeoff and landing; operating inbound
and outbound flights; supporting flight operations; security screening:
passenger services and other aviation-related service charge brackets and
levels at airports and airfields under the aviation law. price plans shall be
elaborated and submitted by service providers to the Civil Aviation
Administration of Vietnam for submission to the Ministry of Transport for
appraisal and subsequent proposal to the Minister of Finance for decision.
3.7. The level (or rate) for
exemption from or reduction of post and telecommunications service charges in
emergency cases for defense and security or special political tasks; prevention
and control of floods, storms, natural disasters, rescue, salvage and other
catastrophes; first aid. epidemic prevention and control: and other urgent
information under the law on state of emergency entitled to exemption from and
reduction of post and telecommunications service charges shall be decided the
Ministry of Finance suitable to the actual performance of tasks after reaching
agreement with the Ministry of Information and Communications.
3.8. The Price Management
Department shall assume the prime responsibility for. and coordinate with
concerned agencies in. reviewing dossiers and appraising price plans to be
decided by the Minister of Finance, which are sent by ministries, sectors,
producers and traders, for submission to the Minister of Finance for decision:
and examining the implementation of the Finance Minister's price
decisions."
6. To amend Clause 14,
Section II, Part B:
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Provincial-level People's
Committees shall specifically assign competent agencies and organizations to
guide, elaborate, submit and appraise price plans for each goods or service
falling within the pricing competence of provincial-level People's Committees
for submission to provincial-level People's Committees for decision in
accordance with Decree No. 75/2008/ND-CP. this Circular and relevant laws. When
provincial-level Finance Departments guide and elaborate pricing plans, they
shall assume the prime responsibility for, and coordinate with concerned
agencies in, elaborating these plans and directly submit them to
provincial-level People's Committees for decision."
Article 4.
To amend and supplement Clauses 2 and 3. Section III. Part B of Circular No.
104/ 2008/TT-BTC:
1. To amend the title of
Section III:
“III. DOSSIERS AND CONTENTS OF
PRICE PLANS FOR SUBMISSION TO COMPETENT AUTHORITIES FOR DECISION"
2. To amend Clauses 2 and 3,
Section III:
"2. The explanation about a
price plan covers:
2.1. The necessity and
objectives of price determination or adjustment (the situation of production of
and trading in goods or services subject to price determination or adjustment,
domestic and world market price developments: necessity of price adjustment).
2.2. Grounds for price
determination or adjustment (relevant legal documents).
2.3. Sheets of calculation of
cost prices of goods or services (for domestic goods and services), or import
costs (for imported goods); sale prices of goods or services and structure of
proposed prices, which must comply with the Ministry of Finance's Regulation on
pricing. When the Regulation on pricing of a specific-goods or service
promulgated by a competent agency is available, the price of such goods or
service shall be calculated under this Regulation.
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- Comparison of proposed prices against
prices of similar goods or services in the domestic market or some regional
markets (if any) by the pricing method provided in the pricing regulation
promulgated by a competent agency.
2.4. Impacts of the new prices
on the operation of other producers and traders, the state budget, life,
society and consumer incomes.
2.5. Measures to apply the new
prices.
3. Written requests for price
decision and plans to agencies competent to appraise price plans and decide on
prices shall be made according to the form provided in Appendix 2 to this
Circular (not printed herein)."
Article 5.
To amend Section IV, Part B of Circular No. 104/2008ATT-BTC:
"IV. PRICE CONSULTATION
DOSSIERS AND PROCEDURES
1. A price consultation
dossier comprises:
1.1. Written instruction for
price consultation of a competent state management agency or written request
for price consultation of either (or both) the buyer and the seller of goods or
services subject to price consultation sent to the agency competent to hold
price consultation.
1.2. Price plans for
consultation:
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- The situation of
production-consumption, import-export and supply-demand of goods or services:
- Analysis of the prices
proposed for consultation: Comparison with market prices of similar goods or
services:
+ Pricing grounds.
+ A table of the pricing
structure according to price constituents, analysis of and explanations about
pricing structure (including analysis of and comparison with the pricing
structure before price consultation is requested or proposed, clearly stating
the reason for increase (+) or decrease (-)).
+ Analysis of impacts of the new
prices on production and business efficiency, incomes of enterprises'
employees, and fulfillment of obligations toward the state budget.
+ Matters on which the seller
cannot reach agreement with the buyer and the seller's arguments on these
matters.
+ Recommendations (if any).
b/ The buyer that is requested
by a competent agency to hold price consultation or proposes price consultation
shall elaborate and send price plans for consultation to the agency competent
to hold price consultation, clearly explaining the following:
- A table of the pricing
structure according to price constituents of its goods or services calculated
according to the new input price, the purchase price proposed by the buyer to
the seller, and a table of the pricing structure according to price
constituents if the buyer has to buy at the price proposed by the seller for
direct sale to consumers. Explanations about pricing structures (including
analysis of and comparison with input prices before price consultation is
requested or proposed).
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- Analysis of impacts of the new
prices on production and business efficiency, incomes of enterprises7
employees, fulfillment of obligations toward the state budget and possibility
of consumer acceptance.
- Matters on which the buyer
cannot reach agreement with the seller and its arguments on these matters.
- Other recommendations (if
any).
1.3. When compulsory price consultation
is requested by a competent agency, both the buyer and seller shall elaborate
price consultation dossiers under the above guidance.
1.4. The buyer or seller shall
compile price consultation dossiers according to the form provided in Appendix
3 to this Circular (not printed herein) under this Article and send in advance
at least 3 (three) copies of the dossiers to the agency competent to hold price
consultation and a copy to its partner (buyer or seller).
2. Price consultation
procedures and order
2.1. Agencies competent to hold
price consultation are as defined in Clause 8. Article 1 of Decree No.
75/2008/ND-CP.
2.2. Parties to goods or service
price consultation include the agency competent to hold price consultation;
authorized representatives of the buyer and seller and relevant agencies as
requested by the agency competent to hold price consultation.
2.3. Price consultation order:
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b/ Within 15 (fifteen) working
days after receiving a complete and valid price consultation dossier as
specified in Clause 1 of this Article, the competent agency shall hold price
consultation.
c/ At the price consultation
conference:
- The agency competent to hold
price consultation shall present price consultation objectives, requirements
and contents: request the buyer and seller to present their price consultation
dossiers and price plans for consultation: and hear opinions of relevant
agencies participating in price consultation.
- The agency competent to hold
price consultation shall draw7 conclusions and make a minutes (signed by the
price consultation organizer and representatives of the buyer and seller) and
send a written notice of consultation results to the buyer and seller for
compliance.
d/ Producers and traders
proposing price consultation may withdraw their price consultation dossiers in
order to reach agreement with one another on the sale and purchase prices of
goods and services proposed for price consultation before the competent agency
holds price consultation.
2.4. Responsibilities of price
consultation organizers
a/ Before holding price
consultation, agencies competent to hold price consultation shall collect and
analyze necessary information concerning the goods or services subject to price
consultation; analyze price constituents which affect the seller and buyer, and
create conditions for them to reach agreement on prices at the price
consultation conference.
b/ Decisions on prices agreed by
parties to price consultation or on temporary prices for the buyer and seller
to apply in case they fail to reach agreement comply with Clause 9, Article 1
of Decree No. 75/2008/ND-CP."
Article 6.
To amend Section V. Part B of Circular No. 104/2008/TT-BTC:
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1. Competent agencies shall
decide on measures to control price constituents when prices of goods and
services abnormally fluctuate under Article 2 of this Circular or when state
management requires price control.
2. The list of goods and
services subject to price constituent control includes:
2.1. Goods and services to be
priced by the State under Clause 4. Article 1 of Decree No. 75/2008/ND-CP
2.2. Goods and services subject
to price valorization under Article 2 of this Circular (particularly, liquefied
gas is liquefied petroleum gas - LPG).
2.3. Goods and services subject
to price registration and declaration under this Circular.
2.4. Goods and services subject
to price constituent control at the request of the Prime Minister, ministers or
chairpersons of provincial-level People's Committees when goods and services
are sold in the market at prices unreasonably higher or lower than the prices
properly calculated according to regimes and policies, techno-economic norms
and pricing regulations of competent state agencies, affecting socio-economic
development and consumer interests.
3. Grounds for competent
agencies to control price constituents of goods and services are legal
documents promulgated by the Ministry of Finance and competent agencies
regarding valuation of assets, goods and services, accounting of production,
product and circulation costs of goods and services, and relevant laws.
4. The order, procedures, time
and competence for price constituent control comply with Clauses 2. 3 and 5,
Article 22a in Clause 10. Article 1 of Decree No. 75/2008/ND-CP.
5. Handling of violators that set
prices of goods and services at variance with price constituents under
regulations on pricing of goods and services of the Ministry of Finance and
competent agencies: and in contravention of the law on accounting of
production, product and circulation costs, and relevant laws, complies with
Clause 4. Article 22a in Clause 10, Article 1. of Decree No. 75/2008/ND-CP, and
economic and administrative measures specified in Article 2 of this Circular,
specifically as follows:
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- Suspending the application of
goods and service prices unreasonably set by producers and traders against
current regulations; requesting producers and traders to buy and sell at prices
set by competent state agencies or by themselves prior to their unreasonable
increase or decrease of the prices:
- Collecting disparities gained
from producers' and traders' price hikes at variance with price constituents
into the state budget;
- Requesting producers and
traders to adjust sale prices of goods and services matching price constituents
after removing improper calculations under law and sell goods and services at
adjusted prices;
- Proposing competent agencies
to deprive the right to use business eligibility certificates and business
licenses for a definite or an indefinite term under law;
- When violations show signs of
crime, agencies competent to control price constituents defined in Decree No.
75/2008/ND-CP shall forward dossiers to competent agencies for handling under
law."
Article 7.
To amend Section VI. Part B of Circular No. 104/2008/TT-BTC:
"VI. REGISTRATION OF GOODS
AND SERVICE PRICES
1. List of goods and services
subject to price registration
1.1. Price registration means
producers' and traders' compulsory and regular registration of sale prices of
goods and services set by themselves under regulations, including when they set
or adjust prices upon both abnormal market price fluctuations and normal market
prices for goods and services on the price valorization list under Clause 1.
Article 2 of this Circular, except medicines for human use which have had
prices declared under the guidance of the Ministry of Health, the Ministry of
Finance and the Ministry of Industry and Trade; for liquefied gas. it is
specifically defined as liquefied petroleum gas-LPG; for milk, powder milk for
under-6 children is subject to price registration; and the following goods
added to the list: coal, textbooks, paper, including print paper, newsprint and
writing paper. Particularly, price registration of post and telecommunications
services complies with the Ministry of Information and Communications"
guidance.
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1.2. Based on local realities,
provincial-level People's Committees shall supplement lists of goods and
services subject to price registration in their localities (outside the list
specified at Point 1.1 of this Clause).
2. Subjects of price
registration
2.1. Producers and traders of
goods and services shall register import, wholesale, retail and recommended
retail prices applicable nationwide or to each major regional market,
specifically as follows;
- Producers and traders of goods
and services that only deal in wholesale shall register wholesale prices;
- Producers and traders of goods
and services that deal with both wholesale and retail shall register wholesale
and retail prices;
- Producers and traders of goods
and services that are importers and concurrently sole distributors shall
register import, wholesale and recommended retail prices:
- Producers and traders of goods
and services that are sole distributors or general agents shall register
wholesale and recommended retail prices.
2.2. Producers and traders of
goods and services other than those specified in Articles 7 and 8 of this
Circular are not required to register and declare prices, but shall post up
prices and publicize price information undercurrent law.
3. Time, modes, contents and
forms of price registration
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Before producers and traders
sell goods and services subject to price registration at new prices, they shall
make and submit price registration forms to state agencies competent to receive
these forms.
3.2. Price registration modes
and procedures:
Producers and traders shall
register prices by sending price registration forms to state agencies competent
to receive these forms. Price registration includes first registration and
re-registration:
a/ First price registration is
made before producers and traders sell goods and services subject to price registration
in the market for the first time or when they register prices under law for the
first time.
b/ Price re-registration is made
when producers and traders increase or decrease prices from the previously
registered prices or at the request of a competent state agency if their first
registration or re-registration fails to comply with law.
3.3. Contents of price
registration forms:
- Written price registration of
a producer or trader, which specifies the time planned for application of the
registered price.
-Table of registered specific
prices associated with goods or service quality; sale venues. Registered prices
are those calculated by the producer or trader under regulations on valuation
of assets, goods and services promulgated by competent agencies under law;
- Explanations about the pricing
structure based on price constituents.
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4. Agencies receiving price
registration forms and subjects of price registration
4.1. The Ministry of Finance
(the Price Management Department) shall receive price registration forms of
goods and services provided in this Circular ((except those subject to price
registration under separate joint guidance of the Ministry of Finance and line
ministries or the guidance of line ministries according to their competence)
from companies, including one- member limited liability companies transformed
from parent companies of state economic groups and state corporations
(established by the Prime Minister); and companies in which parent companies of
state economic groups and state corporations hold 51% or more charter capital
and some other enterprises decided by the Ministry of Finance.
The Ministry of Finance (the
Price Management Department) shall specifically notify the list of enterprises
subject to price registration under this Clause suitable to each period.
4.2. Line ministries and
branches shall receive price registration forms provided in this Circular for
goods and services subject to price registration under separate joint guidance
of the Ministry of Finance and line ministries or the guidance of line
ministries according to their competence.
4.3. Provincial-level Finance
Departments shall receive price registration forms of one- member limited
liability companies transformed from state corporations, independent state
companies of ministries and provincial-level People's Committees, and producers
and traders of other economic sectors which are headquartered in their
provinces and produce and trade in goods and services subject to price
registration under this Circular (except those subject to price registration
under separate joint guidance of the Ministry of Finance and line ministries or
the guidance of line ministries according to their competence).
Provincial-level Finance
Departments shall assume the prime responsibility for. and coordinate with
concerned sectors in their provinces in. reporting to provincial-level People's
Committees for decision and specific notification of lists of provincial-based
producers and traders subject to price registration under this Clause suitable
to each period; and concurrently guide and urge producers and traders subject
to price registration to observe this Circular.
5. Powers and responsibilities
of agencies, organizations and individuals
5.1. Agencies receiving price
registration forms:
a/ When receiving
producers" and traders' price registration forms, they shall record the
date of receipt of documents and forms and stamp a receipt mark on written
price registrations according to administrative procedures; and consider and
examine the reasonability and legality of the forms and check their contents:
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- When detecting unreasonable
constituents of registered prices in price registration forms, they shall make
a written request to producers and traders for explanation and re-registration
of prices.
- They shall request producers
and traders that sell goods and services at prices higher than their registered
prices without re-registering them to sell goods at prices before they increase
the prices without price re-registration.
b/ Producers and traders that
fail to observe the above regulations shall be not only administratively
sanctioned for violations in the price registration domain but also handled by
competent inspection and examination agencies under Article 6 of this Circular.
c/ Competent state management
agencies in the pricing domain shall use prices registered by producers and
traders for analyzing, summarizing and forecasting market price fluctuations;
and controlling price constituents for price valorization.
5.2, Price-registering producers
and traders:
a/ Producers and traders of
goods and services subject to price registration shall register prices under
this Circular.
They shall fill in price
registration forms at least in 1 (one) set and send to price registration
receiving agencies (except goods and services subject to price registration
under separate regulations of ministries or line ministries).
b/ Producers and traders of
goods and services subject to price registration may sell goods and services at
registered prices under law and shall take responsibility before law for their
registered prices and be handled under law for violations of price registration
regulations.
c/ They shall publicize price
information; post up legally registered sale prices under this Circular,
publicize them within their entire system, sell goods and services at posted
prices and observe price valorization measures under law upon abnormal market
fluctuations."
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"VII. DECLARATION OF GOODS
AND SERVICE PRICES
1. List of goods and services
subject to price declaration
1.1. Price declaration means
producers' and traders' compulsory and regular declaration of their sale prices
of goods and services subject to price declaration provided in Appendix 1 to
this Circular and goods and services to be priced by provincial-level People's
Committees upon both abnormal market price fluctuations and normal market
prices. Prices shall be declared before producers and traders sell their
products on debut; and before they adjust prices of products on sale subject to
price declaration; or at the request of competent state agencies.
1.2. Based on local realities,
provincial-level People's Committees shall supplement lists of goods and
services subject to price declaration in their localities (outside the list
provided in Appendix 1 to this Circular).
2. Subjects of price declaration
2.1. Producers and traders of
goods and services shall declare import, wholesale, retail and recommended
retail prices applicable nationwide or to each major regional market,
specifically as follows:
- Producers and traders of goods
and services that only deal in wholesale shall declare wholesale prices;
- Producers and traders of goods
and services that deal in both wholesale and retail shall declare wholesale and
retail prices;
- Producers and traders of goods
and services that are importers and concurrently sole distributors shall
declare import, wholesale and recommended retail prices;
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2.2. Producers and traders of
goods and services other than those specified in Articles 7 and 8 of this
Circular are not required to declare or register prices, but shall post up
prices and publicize price information under current law.
3. Time, modes, contents and
forms of price declaration
3.1. Price declaration time:
Before selling goods and
services subject to price declaration at new prices, producers and traders
shall fill in and submit price declaration forms to state agencies competent to
receive these forms.
3.2. Price declaration modes and
procedures
Producers and traders shall
declare prices by filling in and sending price declaration forms to state agencies
competent to receive these forms. Price declaration includes first declaration
and re-declaration:
a/ First price declaration is
made before producers and traders sell goods and services subject to price
declaration in the market for the first time or when they declare prices under
law for the first time.
b/ Price re-declaration is made
when producers and traders increase or decrease prices from the previously
declared prices or at the request of a competent state agency if their first
declaration or re-declaration fails to comply with law.
3.3. Contents of price
declaration forms:
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- Table of declared prices,
which are set by the producer or trader under regulations on valuation of
assets, goods and services promulgated by competent agencies under law suitable
with specifications, standards and quality of goods and services (or which are
prices agreed between the producer or trader and consumers).
The price declaration form is
provided in Appendix 5 to this Circular (not printed herein).
4. Agencies receiving price
declaration forms and subjects of price declaration
4.1. The Ministry of Finance
(the Price Management Department) shall receive price declaration forms of
goods and services of companies, including one-member limited liability
companies transformed from parent companies of state economic groups, state
corporations (established by the Prime Minister): and companies in which parent
companies of state economic groups and state corporations hold 51% or more
charter capital and produce and trade in goods and services subject to price
declaration specified in Appendix 1 to this Circular (except those subject to
price declaration under separate joint guidance of the Ministry of Finance and
line ministries or the guidance of line ministries according to their
competence, and some other enterprises decided by the Ministry of Finance.
The Ministry of Finance (the
Price Management Department) shall specifically notify the list of enterprises
subject to price declaration under this Clause suitable to each period.
4.2. Line ministries and sectors
shall receive price declaration forms provided in Appendix 1 to this Circular
for goods and services subject to price declaration under separate joint
guidance of the Ministry of Finance and line ministries or the guidance of line
ministries according to their competence.
4.3. Provincial-level Finance
Departments shall receive price declaration forms of one-member limited
liability companies transformed from state corporations, independent state
companies of ministries and provincial-level People's Committees, and producers
and traders of other economic sectors which are headquartered in their
provinces and produce and trade in goods and services subject to price
declaration provided in Appendix 1 to this Circular (except those subject to
price declaration under separate joint guidance of the Ministry of Finance and
line ministries or the guidance of line ministries according to their
competence).
Provincial-level Finance
Departments shall assume the prime responsibility for, and coordinate with
concerned sectors in provinces in. reporting to provincial-level People's
Committees for decision and notification of specific lists of provincial-based
producers and traders subject to price declaration under this Clause suitable
to each period; and concurrently guide and Urge producers and traders subject
to price declaration to observe this Circular.
5. Powers and responsibilities
of agencies, organizations and individuals
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a/ When receiving producers* and
traders' price declaration forms, the Ministry of Finance (the Price Management
Department). line ministries, provincial-level Finance Departments and
provincial-level line departments shall record the date of receipt and stamp a
receipt mark on written price declarations according to administrative
procedures.
b/ They shall check declared
prices and. if detecting unreasonably declared prices, request in writing
producers and traders to explain declared prices or declare prices again.
c/ Competent state management
agencies in the pricing domain shall use prices declared by producers and
traders for analyzing, summarizing and forecasting market price fluctuations;
and controlling price constituents for price valorization.
5.2. Price-declaring producers
and traders:
a/ Producers and traders of
goods and services subject to price declaration shall declare prices under this
Circular.
They shall fill in price
declaration forms at least in 1 (one) set and send them to price declaration
form receiving agencies (except goods and services subject to price declaration
under separate regulations of ministries or of line ministries).
b/ Producers and traders of
goods and services subject to price declaration may sell goods and services at
declared prices under law and shall publicize price information and take
responsibility before law for the properness of their registered prices.
c/ They shall explain or
re-declare prices when agencies receiving price declaration forms detect
unreasonably declared prices and request them in writing to explain or
re-declare prices.
d/ Producers and traders of
goods and services subject to price declaration that fail to declare prices or
violate regulations on price declaration shall be not only administratively
sanctioned for violations in the price declaration domain but also handled by
competent inspection and examination agencies under Article 6 of this
Circular."
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1. This Circular takes on
October 1, 2010.
2. Any problems arising in the
course of implementation should be reported to the Ministry of Finance for
study and settlement.
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Tran Van Hieu
APPENDIX 1
LIST OF GOODS AND SERVICES SUBJECT TO PRICE DECLARATION
(To the Finance Ministry's Circular No. 122/ 2010/TT-BTC of August 12, 2010)
1. Industrial explosive
materials;
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3. Airport services according to
airport service charge tariffs issued by airport directors;
4. Air freights of domestic air
services whose charge rate brackets are set by the State;
5. Charges for transportation by
car;
6. Medicines for human use under
the joint circular of the Ministry of Health, the Ministry of Finance and the
Ministry of Industry and Trade guiding the state management of prices of
medicines for human use.-