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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 16/2023/QH15
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Hanoi, June 19, 2023
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LAW ON PRICES
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly of Vietnam hereby promulgates the Law on Prices.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law
provides for the rights and obligations of agencies, organizations,
individuals, and consumers concerning prices and valuation; price management
and regulation of the State; price summary, analysis, and forecast; databases
on prices; valuation; specialized price inspectorate, inspection of compliance
with laws on prices and valuation.
Article 2. Regulated entities
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Article 3. Application of the Law on Prices and relevant
laws
1. In
case of different regulations between the Law on Prices and other laws
promulgated before the effective date of the Law on Prices, the Law on Prices
shall prevail, except for cases prescribed in Clause 4 of this Article.
2. In
case of other laws promulgated after the effective date of the Law on Prices
that require particular regulations on the management and regulation of prices
different from the ones prescribed in the Law on Prices, it is obligatory to
determine the specific content that is implemented under or not under the Law
on Prices and the content that is implemented under that such laws.
3. In
case other laws promulgated after the effective date of the Law on Prices stipulate
additional regulations on goods and services priced by the State, it is
obligatory to conduct a policy impact assessment; such goods and services must
meet at least one of the criteria prescribed in Clause 1 Article 21 of this
Law. At the same time, it is obligatory to elaborate on the competence and
responsibility for pricing, pricing forms for the mentioned goods and services,
and determine the grounds and methods of pricing and the promulgation of
pricing documents that are implemented under or not under the Law on Prices and
contents that are implemented under such other laws.
4.
Certain goods shall be priced by the State in compliance with relevant laws as
follows:
a) The
determination of land prices shall comply with land laws;
b) The
determination of housing prices shall comply with housing laws;
c) The
determination of electricity prices and electric services shall comply with
electricity laws;
d) The
determination of medical service prices shall comply with medical examination and
treatment laws;
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e) The
determination of royalty for the utilization and use of published works,
audios, or videos in case of limitation of copyrights or relevant rights,
compensation for rights to use transferred inventions under compulsory
decisions in case of disagreement between the persons granted the right to use
such inventions and the right holders, and compensation for the right to use
transferred plant varieties under compulsory decisions shall be implemented
under laws on intellectual property.
Article 4. Interpretation of terms
For the
purpose of this Law, the following terms shall be construed as follows:
1. Goods
refer to products that may be exchanged, purchased, and sold on the market.
2. Services
refer to invisible products with their production inseparable from
consumption.
3. Essential
goods and services refer to the goods and services required to meet
the basic demand of humans, such as primary ingredients, fuels, materials, and
services for production and circulation in conformity with the socio-economic
context of each period.
4. Market
prices refer to the prices of goods and services established based on
supply and demand and decided by market factors within a certain period of
space.
5. Market
price level refers to the average of general prices of goods and services
on the market in a certain period of space, measured by the consumer price
index (CPI) or production price index (PPI) (in any).
6. Aggregate
cost of goods and services include:
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b)
Circulation costs of goods and services.
7. Price
determinants refer to the actual aggregate cost; profits (if any) or losses
(if any); financial obligations as prescribed by laws.
8. Price
regulation refers to when competent state agencies apply measures under
this Law to limit the inadequacies of the market economy to protect legitimate
rights and benefits of consumers, suppliers of goods and services, and the
State and implement objectives for inflation control and socio-economic
development.
9. Price
stabilization refers to when competent state agencies perform solutions or
measures under this Law to stabilize the prices of goods and services when
there are abnormal fluctuations in prices within a certain period.
10. Abnormal
fluctuations in prices refer to the phenomenon where the market price
levels of goods and services increased too high or too low compared to the
market price levels of a previous period.
11. Pricing
means the process of determining the prices of goods and services performed by
competent state agencies or suppliers of goods and services.
12. Price
schemes refer to the presentation of grounds for pricing or adjusting
prices or determinants of prices of goods and services.
13. Price
negotiation refers to the agreement among organizations providing goods and
services on purchase prices and sale prices of goods and services that are
intermediaries of state agencies as prescribed by this Law.
14. Price
declaration means notifications of prices after pricing or adjustment
provided by organizations providing goods and services subject to price
declaration according to Clause 2 Article 28 of this Law for competent state
agencies for market price summary, analysis, and forecast.
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16. Valuation
means advisory operations of evaluating assets at a certain location and
period for specific purposes performed by valuation enterprises or valuation
councils under the Valuation Standards of Vietnam.
17. Assets
subject to valuation include assets, goods, and services subject to
valuation upon requests from agencies, organizations, or individuals or due to
other cases.
18. Valuation
certificates are documents issued by valuation enterprises or their
branches after the valuation to notify customers and relevant organizations or
individuals (if any) prescribed in valuation contracts of the value of the
valuation assets and the main contents of valuation reports.
19. Valuation
reports means documents presenting the valuation process used as the basis
for preparing valuation certificates of valuation enterprises or issuing
notifications of results of the valuation of valuation councils. To be
specific:
a)
Regarding the provision of valuation services, valuation reports are prepared
by a valuer specifying his/her opinions on prices and are considered and
approved by legal representatives of the valuation enterprise or heads of such
enterprise’s branches;
b)
Regarding valuation operations of the State, valuation reports are prepared by
valuation councils, specifying the opinions of council members and unanimous
suggestions of the councils.
20. Notifications
of valuation results are documents issued by valuation councils after the
valuation operation to notify agencies, organizations, and individuals competent
to establish valuation councils of the values of valuation assets and the main
contents of valuation reports.
21. Collusion
of prices and valuation refers to acts of agreeing on the falsification of
prices of goods and services or values of assets subject to valuation for
self-seeking purposes of agencies, organizations, or individuals.
Article 5. State's principles of price management and
regulation
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2.
Protect legitimate rights and benefits of consumers, suppliers of goods and
services, and the State.
3.
Contribute to macro-economic stability, ensure social security and sustainable
development; promote private investment in the provision of public services;
adopt policies appropriate to areas with disadvantaged or extremely disadvantaged
socio-economic conditions, and other cases as prescribed by laws.
Article 6. Disclosure of information on prices and
valuation
1. State
agencies and state affiliates shall disclose:
a)
Guidelines, schemes, and reports on measures to manage and regulate prices
approved by competent state agencies; legislative documents on prices;
b)
Documents on pricing of goods and services included in the list of goods and
services priced by the State, except for state reserves;
c) Lists
of eligible valuation enterprises and valuers; lists of valuation enterprises
that are suspended or have their certificates of eligibility for valuation
services revoked; lists of persons with revoked valuer cards.
2.
Suppliers of goods and services shall disclose:
a) Specific
prices of goods and services they determined within the price brackets, maximum
prices, and minimum prices promulgated by competent state agencies;
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c) Prices
of goods and prices subject to price listing
3.
Valuation enterprises shall disclose:
a) Lists
of their valuers;
b) Basic
information on their operations, including certificates of eligibility for
valuation services and the number of certificates issued annually;
c) Price
lists of valuation services.
4.
Agencies, units, organizations, and individuals responsible for disclosing
information prescribed in this Article shall ensure accuracy, truthfulness, and
punctuality and take responsibility for the disclosed contents. The disclosure
of information does not apply to information included in the list of state
secrets and cases where disclosure is forbidden as prescribed by laws.
Information
and communications about policies of laws on prices and price management and
regulation mechanisms shall ensure objectivity and truthfulness as prescribed
by laws.
5. The
disclosure of information prescribed in this Article shall be posted on the
websites (if any) of agencies, units, organizations, and individuals or be
disclosed under other appropriate forms. For cases prescribed in Point b Clause
1 of this Article, the information shall be disclosed by sending written
documents to relevant agencies, units, organizations, and individuals and updated
to databases on prices. Regarding contents prescribed in Point a and Point b
Clause 2 of this Article, the information shall be disclosed via updates to
databases on prices.
Article 7. Forbidden acts concerning prices and valuation
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a)
Interfering in the implementation of rights and obligations of suppliers of
goods and services or consumers concerning prices and organizations or
individuals engaging in valuation operations contrary to their functions,
tasks, and entitlements as prescribed by laws.
b)
Deliberately disclosing or using information on prices provided by suppliers of
goods and services contrary to regulations of competent state agencies;
c)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or vales of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
2.
Regarding organizations and individuals:
a)
Spreading or disseminating false and inaccurate information on socio-economic
situations causing disturbances in the market information and prices of goods
and services;
b) Conducting
fraudulent pricing by deliberately changing contents committed in transactions
without informing customers in advance regarding the time, location, and
conditions for purchase and sale, methods of transport and payment, quality,
quantity, features, functions, goods, and services at the time of delivering
goods or providing services;
c) Taking
advantage of emergencies, incidents, tragedies, natural disasters, or epidemics
to increase the sale prices of goods or services contrary to the fluctuation of
aggregate cost compared to normal conditions for self-seeking purposes;
d)
Obstructing the price management, regulation, or valuation operations of
competent state agencies;
dd)
Forging or providing forged certificates of valuation or using forged certificates
of valuation for purposes prescribed in Clause 4 Article 55 of this Law;
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g)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
3.
Regarding valuation enterprises:
a)
Conducting acts of unhealthy competition as prescribed by laws on competition;
providing inaccurate information on the qualifications, experience, and
capacity of service provision of valuers or valuation enterprises;
b)
Providing valuation services for persons related to valuation enterprises
according to laws on enterprises;
c)
Providing inaccurate or false declarations, forging applications for issuance
or re-issuance of certificates of eligibility for valuation services,
applications for valuer practicing certificates;
d)
Issuing false certificates of valuation;
dd)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
4.
Regarding valuers:
a)
Providing inaccurate information on the qualifications, experience, and
capacity of service provision of valuers or valuation enterprises;
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c)
Independently preparing certificates of valuation or reports on valuation;
d)
Signing certificates of valuation or reports on valuation contrary to specialty
or notifications of state agencies on permitted practicing fields; signing
certificates of valuation or reports on valuation when not meeting conditions
for valuation practice according to Clause 1 Article 45 of this Law;
dd)
Performing valuation for persons related to valuation enterprises according to
laws on enterprises;
e)
Preparing false reports on valuation or documents related to valuation
operations according to Valuation Standards of Vietnam;
g)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
5.
Regarding valuation councils:
a)
Directing or interfering in valuation operations affecting the professional
independence of council members for self-seeking purposes;
b)
Issuing false notifications of results of the valuation or reports on
valuation;
c)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
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a)
Preparing false documents related to valuation operations according to
Valuation Standards of Vietnam;
b)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
7.
Regarding customers and third parties in valuation contracts:
a)
Deliberately providing false information on assets subject to valuation;
b) Using
expired certificates of valuation; using certificates of valuation contrary to
valuation purposes in association with assets subject to valuation and the number
of such assets prescribed in valuation contracts;
c)
Conducting bribery, collusion, or agreements to falsify the prices of goods and
services or values of assets subject to valuation for self-seeking purposes;
colluding in prices and valuation.
8. Regarding
agencies, organizations, and individuals: issuing documents with forms and
methods limiting the operations of valuation enterprises and valuers contrary
to this Law.
Chapter II
RIGHTS AND OBLIGATIONS OF SUPPLIERS OF
GOODS AND SERVICES AND CONSUMERS CONCERNING PRICES
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1.
Determine and adjust prices of goods and services produced and traded by
themselves (hereinafter referred to as “goods”), except for goods and services
specifically priced by the State. Consider applying principles, grounds, and
measures to price goods and services as prescribed by the State.
2.
Determine the purchase and sale prices of their goods and services following
the price brackets and maximum and minimum prices promulgated by competent
state agencies in conformity with the grounds, principles, and measures to
price goods and services prescribed in this Law.
3.
Participate in the development, connection, and sharing of information to
databases on prices.
4. Lower
the sale prices of goods and services without being considered violating laws
on competition and laws on anti-dumping of imported goods. Old prices, new
prices, and discount periods must be publicly listed for:
a) Fresh
goods;
b)
Inventory goods;
c)
Seasonal goods and services;
d) Goods
and services for promotion as prescribed by laws;
dd) Goods
and services of enterprises in cases of business suspension, bankruptcy,
dissolution, or changes to business locations or professions;
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5.
Request competent state agencies of pricing to consider adjusting prices of
their goods and services included in the list of goods and services priced by
the State.
6. Access
information on policies on prices and measures to manage and regulate prices of
the State.
7. File
complaints, denunciations, or lawsuits against acts with signs of violations
against laws on prices; request organizations and individuals to compensate for
damage caused by violations of laws on prices as prescribed by laws.
Article 9. Suppliers of goods and services shall:
1.
Prepare price schemes or detailed assessment reports on determinants of prices
of goods and services or promptly, accurately, and adequately provide relevant
data and documents upon requests of competent state agencies for pricing or
application of other measures to manage and regulate prices according to this
Law.
2. Comply
with documents on pricing and price stabilization measures of competent state
agencies.
3.
Declare prices of goods and services as prescribed by laws.
4. List
prices of goods and services as prescribed by laws.
5. Lower
prices of their goods and services in conformity with policies on reduction or
exemption from tax and/or fees to support consumers.
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7.
Promptly settle complaints about their goods and services; compensate damage
caused by violations against laws on prices as prescribed by laws.
Article 10. Consumers may:
1. Select
and make agreements on prices when purchasing goods and services, except for
goods and services specifically priced by the State.
2. Access
information on policies on prices and measures to manage and regulate prices of
the State.
3. Request
suppliers of goods and services to provide information on prices, quality, and
origin of goods and services and invoices as prescribed by laws.
4.
Request competent state agencies to consider adjusting prices of goods and
services priced by the State when there are changes to price determinants.
5. File
complaints, issue denunciation, file a lawsuit, or request social organizations
to file a lawsuit according to this Law, laws on protection of consumer rights,
and relevant laws.
Article 11. Consumers shall:
1. Pay
the agreed prices or prices of the State when purchasing goods and/or services.
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Chapter III
TASKS AND ENTITLEMENTS OF PRICE AND
VALUATION AUTHORITIES
Article 12. State management of prices and valuation
1.
Promulgation and implementation of legislative documents on prices and
valuation.
2. Price
management and regulation of the State.
3. Market
price summary, analysis, and forecast; development and operation of databases
on prices.
4.
Management of valuation operations; organization of valuation operations of the
State.
5.
Management of training and advanced training in prices and valuation.
6.
Inspection of compliance with laws and handling of violations against laws on
prices and valuation.
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8.
International cooperation in prices and valuation.
Article 13. Tasks and entitlements of the Government of
Vietnam
1. Ensure
the uniformity of state management of prices and valuation.
2.
Promulgate legislative documents on prices and valuation under its
jurisdiction.
3. Submit
reports to the Standing Committee of the National Assembly of Vietnam for
consideration and adjustments to the list of goods and services subject to
price stabilization and the list of goods and services priced by the State.
4.
Stipulate and adjust regulations on essential goods and services subject to
price declarations prescribed in Point d Clause 2 Article 28 of this Law.
5. Decide
and organize the implementation of measures to management and regulate prices
according to this Law. Assign and authorize the implementation of state
management of prices and valuation and other tasks under its jurisdiction.
Article 14. Tasks and entitlements of the Ministry of
Finance of Vietnam
1. Act as
the focal agency assisting the Government of Vietnam in ensuring the uniformity
of state management of prices and valuation.
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3. Submit
reports to the Government of Vietnam for presentation to the Standing Committee
of the National Assembly of Vietnam for consideration and adjustments to the list
of goods and services subject to price stabilization and the list of goods and
services priced by the State based on the proposals of Ministries, ministerial
agencies in charge of specific fields and sectors, and People's Committees of
provinces.
4. Submit
reports to the Government of Vietnam for promulgation or adjustments to
regulations on essential goods and services subject to price declarations
according to Point d Clause 2 Article 28 of this Law based on proposals of
Ministries, ministerial agencies in charge of specific fields and sectors, and
People's Committees of provinces.
5. Submit
reports to the Government of Vietnam for consideration and decisions on price
stabilization guidelines based on proposals of Ministries, ministerial agencies
in charge of specific fields and sectors, and People's Committees of provinces;
organize the implementation of price stabilization as assigned by the
Government of Vietnam.
6. Price
goods and services under its jurisdiction as prescribed in the list of goods
and services priced by the State; stipulate general pricing methods for goods
and services priced by the State and implementation guidelines according to
Clause 2 Article 23 of this Law.
7.
Receive declarations of prices of goods and services under its jurisdiction.
8.
Organize negotiations over prices of goods and services in fields and sectors
under its management.
9.
Implement the market price summary, analysis, and forecast; apply information
technology to the development and operation of the National Database on Prices.
10.
Perform the state management of valuation, including:
a)
Promulgation of Valuation Standards of Vietnam;
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c)
Regulations on exams, issuance, management, term-based expropriation, and
revocation of valuer cards;
d)
Issuance, re-issuance, and revocation of certificates of eligibility for
valuation services; suspension of valuation services;
dd)
Management of practicing activities of valuers;
e)
Management of operations of valuation enterprises; state management in
valuation for occupational associations for valuation according to laws;
regulations on the assessment of operations of valuation enterprises.
11.
Organize valuation operations of the State in fields within its management
scope as prescribed by laws.
12.
Implement international cooperation in prices and valuation.
13.
Implement professional inspection of prices and valuation according to laws on
inspection.
14.
Inspect compliance with laws and handle violations against laws on prices and
valuation under its functions, fields, and state management scope of prices and
valuation.
15.
Settle complaints and denunciations concerning prices and valuation in fields
within its scope of management according to laws on complaints and
denunciations.
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Article 15. Tasks and entitlements of Ministries and
ministerial agencies
1.
Perform the state management of prices in fields within their scope of
management as prescribed by laws.
2.
Promulgate legislative documents on prices in fields under their management
within their jurisdiction or request competent agencies or persons to perform
such promulgation; cooperate with Ministries, ministerial agencies, and
People’s Committees of provinces in developing legislative documents on prices.
3.
Propose and cooperate with the Ministry of Finance of Vietnam in submitting
reports to the Government of Vietnam for presentation to the Standing Committee
of the National Assembly of Vietnam for consideration and adjustments to the
list of goods and services subject to price stabilization and the list of goods
and services priced by the State.
4.
Propose and cooperate with the Ministry of Finance of Vietnam in requesting the
Government of Vietnam to promulgate and adjust regulations on essential goods
and services subject to price declarations according to Point d Clause 2
Article 28 of this Law.
5.
Propose and cooperate with the Ministry of Finance of Vietnam in presenting
price stabilization guidelines to the Government of Vietnam; implement the
price stabilization for goods and services under their state management of
specific fields and sectors.
6. Price
goods and services under their jurisdiction as prescribed in the list of goods
and services priced by the State; take charge and cooperate with the Ministry
of Finance of Vietnam in development, promulgating, or requesting competent
authorities to promulgate particular pricing measures for goods and services in
fields within their scope of management as prescribed by laws.
7.
Receiving price declarations as assigned by the Government of Vietnam.
8.
Organize negotiations over prices of goods and services in fields and sectors
under its management.
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10.
Organize valuation operations of the State in fields within their management
scope as prescribed by laws.
11.
Inspect compliance with laws and handle violations against laws on prices and
valuation operations of the State under their functions, fields, and state
management scope of prices and valuation.
12.
Settle complaints and denunciations of the State concerning prices and
valuation in fields within their scope of management according to laws on
complaints and denunciations.
13.
Excise other tasks and entitlements to state management of prices according to
this Law, relevant laws, and assignments of the Government of Vietnam.
Article 16. Tasks and entitlements of People’s Committees
of provinces
1. Perform
the local state management of prices as prescribed by laws and are entitled to
decide and assign tasks to each of their affiliated professional agencies based
on fields and sectors and to their inferior administrative agencies to consult
and assist them in performing tasks and entitlements of state management of
prices and valuation prescribed in this Article.
2.
Promulgate legislative documents on prices under their management scope within
their jurisdiction or request competent agencies to perform such promulgation;
cooperate with Ministries and ministerial agencies in developing legislative
documents on prices.
3.
Implement the price stabilization in their areas as prescribed by this Law;
cooperate with other provinces in implementing the price stabilization.
4. Price
goods and services under their jurisdiction as prescribed in the list of goods
and services priced by the State.
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6. Submit
proposals to the Ministry of Finance of Vietnam, Ministries, and ministerial
agencies in charge of specific fields and sectors to submit reports to the
Government of Vietnam for presentation to the Standing Committee of the
National Assembly of Vietnam for consideration and adjustments to the list of
goods and services subject to price stabilization and the list of goods and
services priced by the State.
7. Submit
proposals to the Ministry of Finance of Vietnam to request the Government of
Vietnam to promulgate and adjust regulations on essential goods and services
subject to price declarations according to Point d Clause 2 Article 28 of this
Law.
8.
Organize negotiations over prices of goods and services according to this Law.
9.
Organize valuation operations of the State within their management scope as
prescribed by laws.
10.
Inspect compliance with laws and handle violations against laws on prices and
valuation under their functions, fields, and state management scope of prices
and valuation.
11.
Settle complaints and denunciations of local authorities concerning prices and
valuation in fields within their scope of management according to laws on
complaints and denunciations.
12.
Decide on the development and implementation of organizations and plans for the
implementation of appropriate measures to stabilize the market price level in
their areas based on the actual local situations in each stage.
13.
Excise other tasks and entitlements to state management of prices according to
this Law, relevant laws, and assignments of the Government of Vietnam.
Chapter IV
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Section 1. PRICE STABILIZATION
Article 17. Goods and services subject to price
stabilization
1. Goods
and services included in the list of goods and services subject to price
stabilization must:
a) Be
essential goods and services;
b) Have a
great influence on socio-economic development, production, business, and life
of the people.
2. The
list of goods and services subject to price stabilization is prescribed in
Appendix No. 01 enclosed hereof. Ministries and ministerial agencies in charge
of specific fields and sectors on goods and services shall stipulate the
economic-technical characteristics of goods and services included in the list
of goods and services subject to price stabilization.
3. In
cases where it is necessary to adjust the list of goods and services subject to
price stabilization, Ministries, ministerial agencies in charge of specific
fields and sectors, and People's Committees of provinces shall prepare
documents requesting adjustments and submit them to the Ministry of Finance of
Vietnam for summary and reports to the Government of Vietnam for presentation
to the Standing Committee of Vietnam for consideration and decisions.
4. The
Government of Vietnam shall elaborate on the procedure for providing
presentations for the Standing Committee of the National Assembly of Vietnam
for adjustments to the list of goods and services subject to price
stabilization prescribed in Clause 3 of this Article.
Article 18. Principles and cases of price stabilization
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a)
Assurance of publicity, transparency, and beneficial balance between suppliers
of goods and services and consumers;
b)
Assurance of conformity with international treaties to which the Socialist
Republic of Vietnam is a signatory;
c)
Assurance of conformity with socio-economic situations and objectives of
controlling inflation;
d) Clear
determination of the local and national implementation time and scale.
2.
Competent state agencies shall consider performing the price stabilization in
the following cases:
a) Market
price levels of goods and services included in the list of goods and services
subject to price stabilization have abnormal fluctuations, greatly impacting
socio-economic situations, production, business, and life of the people;
b)
Competent agencies declare emergencies, incidents, tragedies, natural
disasters, and epidemics; market price levels of goods and services have
abnormal fluctuations.
Article 19. Price stabilization measures
1. Price
stabilization measures include:
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b)
Financial and monetary measures in conformity with laws;
c)
Determination of specific prices, maximum prices, or price brackets in
conformity with the nature of each kind of goods and service, such a procedure
shall be implemented under principles, grounds, and methods prescribed in
Section 2 of this Chapter;
d)
Application of price support measures in conformity with laws and international
treaties to which the Socialist Republic of Vietnam is a signatory;
dd) Use
of price stabilization funds (if any).
A price
stabilization fund is a financial fund outside the state budget balance,
extracted from prices of goods and services and other legal-financial sources
that shall only be used for price stabilization. The Government of Vietnam
shall decide on the establishment of price stabilization funds for goods and
services included in the list of goods and services subject to price
stabilization; regulations on the management, deduction, and expenditures on
the use of price stabilization funds and be responsible for ensuring the
publicity and transparency during the management and use of funds.
2. The
application period of price stabilization measures shall be determined by
competent agencies on the basis of determining the reasons for price
fluctuations. The actual development of prices of goods and services may end
the price stabilization period early or extend the application period depending
on the performance of applied price stabilization measures.
Article 20. Price stabilization implementation
1. The
price stabilization in the case prescribed in Point a Clause 2 Article 18 of
this Law shall be carried out as follows:
a)
Ministries, ministerial agencies in charge of specific fields and sectors shall
assess the fluctuation of the market price levels of goods and services, the
level of impacts on socio-economic situations, production, business, and life
of the people; submit documents to the Ministry of Finance of Vietnam for
summary and presentation to the Government of Vietnam for consideration and
decision on price stabilization guidelines;
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c)
Ministries and ministerial agencies in charge of specific fields and sectors
shall promulgate decisions on application of one or several price stabilization
measures and the application period and scale; organize and instruct the
implementation of price stabilization measures and report on the results of
such implementation to the Government of Vietnam while sending such report to the
Ministry of Finance of Vietnam for inclusion in the summarized price market
report, analysis, and forecast; People's Committees of provinces shall
implement price stabilization measures and report on the results to Ministries
and ministerial agencies in charge of the implementation;
d)
Suppliers of goods and services shall comply with the disclosed price
stabilization measures and perform the first-time declaration or re-declaration
of prices following Article 28 of this Law with competent state agencies.
2. The
implementation in the case prescribed in Point b Clause 2 Article 18 of this
Law shall be as follows:
a)
Regarding the nationwide price stabilization, Ministries and ministerial
agencies in charge of specific fields and sectors shall assess the actual
development and level of market prices of goods and services; submit documents
to the Ministry of Finance of Vietnam for summary and presentation to the
Government of Vietnam for decisions on appropriate price stabilization
guidelines, measures, and periods. In case of goods and services requiring
immediate price stabilization that are not included in the list of goods and
services subject to price stabilization, the Ministry of Finance of Vietnam
shall, based on requests from Ministries and ministerial agencies in charge of
specific fields and sectors, submit reports to the Government of Vietnam for
presentation to the Standing Committee of the National Assembly of Vietnam for
consideration and decisions on price stabilization guidelines, measures, and
periods for such goods and services. Ministries, ministerial agencies in charge
of specific fields and sectors, and People’s Committees of provinces shall
organize the implementation as assigned by the Government of Vietnam;
b)
Regarding local price stabilization, departments in charge of specific fields
and sectors shall assess the actual development and level of market prices of
goods and services in their areas; submit documents to Departments of Finance
for summary and presentation to People’s Committees of provinces for
consideration and decisions on appropriate price stabilization guidelines,
measures, and periods. Departments, divisions, and People’s Committees of
districts shall organize the implementation as assigned by the People’s
Committee of provinces. People’s Committees of provinces shall report on the
results of the price stabilization to the government of Vietnam while
submitting reports to the Ministry of Finance of Vietnam for inclusion in the
summarized market price report, analysis, and forecast;
c)
Suppliers of goods and services shall comply with the disclosed price
stabilization measures and perform the first-time declaration or re-declaration
of prices following Article 28 of this Law with competent state agencies;
d) In case
competent agencies declare emergencies or stipulate other regulations on price
stabilization implementation, comply with laws on emergencies.
3. The
Government of Vietnam shall elaborate on this Article.
Section 2. PRICING
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1. Goods
and services priced by the State must meet one of the following criteria:
a) Being
goods and services of fields exclusive to production and business by the State
according to laws on commerce and relevant laws;
b) Being important
resources according to laws on resources;
c) Being
national reserves; public-interest products and services and public services
funded by the state;
d) Being
essential goods and services that are exclusive regarding their purchase and
sale or subject to a limited competitive market with influences on
socio-economic situations, life of the people, production, and business.
2.
Competent state agencies shall perform the pricing under the following forms:
a)
Specific price means the price that agencies, organizations, and individuals
must comply with during purchase and sale;
b)
Minimum price means the lowest price agencies, organizations, and individuals
must comply with during pricing, purchase, and sale;
c)
Maximum price means the highest price that agencies, organizations, and
individuals must comply with during pricing, purchase, and sale;
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3. Regulations
on competence and responsibility for pricing:
a) The
Prime Minister of Vietnam shall price extremely essential goods and services,
greatly influencing the economy and life of the people;
b) The
Ministry of Finance of Vietnam shall price goods and services in fields under
its management; goods and services in many fields under its management that
affect the state budget;
c)
Ministries and ministerial agencies shall price goods and services in fields
within their professional management scope as prescribed by laws;
d)
People’s Committees of provinces shall price goods and services under their
management scope in their areas.
4. The
list of goods and services priced by the State, pricing forms, competence, and
responsibilities are prescribed in Appendix No. 02 enclosed hereof.
Economic-technical characteristics of goods and services included in the list
of goods and services priced by the State must comply with regulations of
relevant laws; in case of no regulations, Ministries, ministerial agencies, and
People's Committees of provinces shall promulgate regulations under their
jurisdiction.
5. In
cases where it is necessary to adjust the list of goods and services priced by
the State, Ministries, ministerial agencies, and People's Committees of provinces
shall prepare documents requesting adjustments and submit them to the Ministry
of Finance of Vietnam for summary and reports to the Government of Vietnam for
presentation to the Standing Committee of Vietnam for consideration and
decisions.
6. The
Government of Vietnam shall elaborate on the procedure for providing
presentations for the Standing Committee of the National Assembly of Vietnam
for adjustments to the list of goods and services priced by the State
prescribed in Clause 5 of this Article.
Article 22. State's pricing principles and grounds
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a) Ensure
that the coverage of business and production costs is reasonable and valid and
profits (if any) and accumulation according to laws (if any) are in conformity
with the market level; ensure conformity with the supply and demand for goods
and services, market conditions at the time of pricing, and guidelines and
policies on socio-economic development of the State in each period;
b) Ensure
legitimate rights and benefits of the State, suppliers of goods and services,
and consumers;
c)
Consider adjusting prices upon changes to price determinants. In case of
adjustments to prices of goods and services in public-private partnership
investment projects, the adjustments shall be carried out by each period
specified in the contracts.
2.
State's pricing grounds:
a) Price
determinants of goods and services at the time of pricing or the time for
identifying price determinants in price schemes in conformity with the
characteristics and nature of goods and services;
b) The
relationship between supply and demand of goods and services, market demand,
purchasing power of the currency, and solvency of consumers;
c)
Domestic and international market prices and competitiveness of goods and
services.
Article 23. Pricing methods
1.
Pricing methods mean ways to price goods and services priced by the State
following the forms prescribed in Clause 2 Article 21 of this Law.
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3.
Ministers and heads of ministerial agencies in charge of specific fields and
sectors shall take charge and cooperate with the Minister of Finance of Vietnam
and relevant Ministries and agencies in promulgating pricing methods or request
competent authorities to conduct the promulgation of pricing methods for the
following goods and services:
a) Goods
and services prescribed in Clause 4 Article 3 of this Law;
b) Goods
and services subject to independent pricing methods as prescribed by laws.
Article 24. Promulgation of documents on pricing or
adjustments; documents on regulations and policies on prices
1.
Documents on pricing and adjustments promulgated by competent state agencies
are the main documents. The promulgation of documents shall be performed as
follows:
a)
Prepare price schemes;
b)
Appraise price schemes;
c)
Present and promulgate documents on pricing and/or adjustments.
2.
Documents on regulations and policies on prices promulgated by competent state
agencies are legislative documents.
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Section 3. PRICE NEGOTIATION
Article 25. Criteria for goods and services subject to
price negotiations
1. Not
being included in the list of goods and services priced by the state; not
falling into cases subject to bidding or auction according to laws on
procurement and auction.
2. Being exclusive
in purchase or sale, in which sellers and buyers must be irreplaceably
dependent on each other.
Article 26. Price negotiation principles, competence, and
responsibilities
1. Price
negotiation principles:
a) Those
that request price negotiations must be organizations that provide goods and
services purchasing or selling goods and services meeting the criteria
prescribed in Article 25 of this Law;
b) The
receipt and organization of price negotiations must be performed voluntarily
and equally in terms of rights and obligations; sellers and buyers must have
written requests for price negotiations;
c) The
price negotiation process must ensure objectivity, publicity, transparency, and
respect for the rights to pricing of parties requesting the price negotiation.
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a)
Ministries and ministerial agencies shall take charge of price negotiations
over the prices of goods and services under fields within their management
scope in which the sellers, buyers, or both parties are 100% state-owned
enterprises prescribed by laws on management and use of state capital for
investment in production and business at enterprises;
b)
Departments shall take charge of price negotiations over the prices of goods
and services under fields within their management scope in which the sellers
and buyers do not fall into the case prescribed in Point a of this Clause.
If the
seller and buyer are headquartered in 2 different provinces or centrally
affiliated cities, they shall make an agreement on requesting either of the
provinces or centrally affiliated cities to organize the price negotiation.
If the
seller and buyer cannot agree on the host of the price negotiation, the
department of specific fields and sectors in areas where the seller registered
for business shall take charge of the price negotiation. If the seller is a
branch of an enterprise, the department in charge of specific fields and
sectors in areas where such branch is registered for operations shall take charge
of the price negotiation.
Article 27. Price negotiation organization
1. Upon
written requests for a price negotiation of the seller and buyer of goods and
services, the price negotiation agency shall review and assess the fulfillment of
criteria of goods and services following Article 25 of this Law. In case of
necessity, the price negotiation agency shall request related parties to
provide additional information on goods and services in writing.
2. The
price negotiation agency shall organize a price negotiation conference for the
seller and buyer to negotiate over the price based on the cooperation and
beneficial balance between parties. The seller and buyer shall appoint
representatives to participate in the conference in writing.
3. At the
price negotiation conference, the price negotiation agency shall be the
intermediary between the buyer and seller for them to negotiate over the price
and not interfere in the negotiated price.
4. At the
price negotiation conference, if the seller and buyer agree on the price, the
conference ends, and the price negotiation agency shall prepare a minute on the
negotiation result for related parties to sign. The negotiated price shall only
be applied to the purchase, sale, and quantity of goods and services as agreed
by parties in the written request for the price negotiation; the negotiated
price does not hold any value for other cases. The seller and buyer shall take
responsibility for their negotiated price.
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6. The
Government of Vietnam shall elaborate on this Article.
Section 4, PRICE DECLARATION, LISTING, AND REFERENCE
Article 28. Price declaration
1. A
declared price refers to the price of goods and services decided by an
organization providing goods and services and notified to agencies competent to
receive declarations.
2. Goods
and services subject to price declarations include:
a) Goods and
services included in the list of goods and services subject to price
stabilization;
b) Goods
and services whose price brackets and maximum and minimum prices are determined
by the State for organizations to determine specific prices for sale to consumers;
c) Goods
and services priced by enterprises based on reference prices;
d) Other
essential goods and services promulgated by the Government of Vietnam.
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3.
Declaration contents include prices attached with names, types, origins (if
any), quality targets (if any), and reasons for sale price adjustments between
each declaration.
4.
Declarants are organizations providing goods and services with business
registration according to laws on enterprises that are entitled to decide
prices and included in the list of agencies competent to receive declarations
prescribed in Clause 5 of this Article.
5. The
development and notification of lists of organizations providing goods and
services subject to price declarations are as follows:
a)
Ministries and ministerial agencies competent to receive declarations shall
review and promulgate the lists of organizations providing goods and services
subject to price declarations at Ministries and ministerial agencies;
b)
People’s Committees of provinces shall review and promulgate lists of
organizations providing goods and services subject to price declarations in
their areas that are not included in lists promulgated by Ministries and
ministerial agencies.
6.
Organizations providing goods and services subject to price declarations that
price their goods and services shall perform the first-time declaration or
re-declaration of prices under regulations and take responsibility for their
declared prices and contents.
7.
Agencies receiving declarations shall update information on declared prices to
databases on prices; may use the declared price in the market price summary,
analysis, and forecast as per regulation.
8. The
Government of Vietnam shall elaborate on this Article.
Article 29. Price listing
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2.
Suppliers of goods and services shall list prices while ensuring clarity and
not confusing customers regarding purchase and sale prices of goods and
services via printing, pasting, writing information on boards, papers, or
printing directly on the packaging of goods or other forms suitable for actual
conditions at the place of sale of goods or provision of services or posting
prices on websites for the convenience of observing and acknowledging of
customers and competent state agencies.
3.
Suppliers shall not make sales with prices higher than the listed ones; for
goods and services priced by the State, suppliers of goods and services shall
list the prices and strictly comply with such prices when making sales; for
goods and services whose price brackets and minimum and maximum prices are
determined by competent state agencies, suppliers of goods and services shall
list the prices and strictly comply with such prices when making sales.
Suppliers of goods and services shall adjust the listed prices immediately
after there are changes to the prices of goods and services.
Article 30. Reference prices
1.
Reference prices are the prices of goods and services in the domestic and
international markets disclosed by competent organizations or agencies for
agencies and suppliers of goods and services to use them for agreements and decisions
on prices of goods and services.
2. The
Government of Vietnam shall decide on goods and services that apply reference
prices and stipulate the disclosure and use of such prices.
Section 5. INSPECTION OF PRICE DETERMINANTS
Article 31. Purposes and requirements for the inspection of
price determinants
1. The
inspection of price determinants shall be performed by competent state agencies
to review and assess the rationality and validity of price determinants, supply
and demand for goods and services to identify factors impacting the prices of
goods and services for consideration and decisions on the implementation of
appropriate measures to manage and regulate prices.
2. The
inspection of price determinants shall be performed in the following cases:
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b) Prices
of other goods and services have abnormal fluctuations during emergencies,
incidents, tragedies, natural disasters, epidemics, or under directives of the
Prime Minister of Vietnam, Ministers, Heads of ministerial agencies, or
Chairpersons of People's Committees of Vietnam serving price management and
regulation.
Article 32. Competence and responsibility for
price-determinant inspection
1.
Ministries and ministerial agencies in charge of specific fields and sectors
shall inspect price determinants for goods and services in fields within their scope
of professional management and assign inspection tasks to professional agencies
and their affiliates for implementation.
2.
People’s Committees of provinces shall inspect price determinants for goods and
services within their management scope by areas and assign inspection tasks to
professional agencies and their affiliates for implementation.
Article 33. Implementation of inspection of price
determinants
1. The
inspection of price determinants shall ensure publicity and transparency while
limiting impacts on the production and business of organizations and
individuals; identify inspection subjects and time. At the end of the
inspection, inspection agencies shall report to competent authorities on the
results of the inspection of price determinants.
2.
Regulations on the implementation of price-determinant inspection are as
follows:
a) State
agencies competent to perform price-determinant inspection shall send written
notifications of the inspection to suppliers of goods and services;
b)
Organizations and individuals subject to price-determinant inspection shall
adequately provide information, documents, and certificates related to price
determinants;
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d) At the
end of the inspection, inspection agencies shall prepare reports on the results
of the price-determinant inspection and propose appropriate measures. The
preparation of reports on inspection results shall be performed within 10 days
after the end of the inspection. Reports on price-determinant inspection
results shall include purposes, requirements, inspection subjects, and
inspection results and reasons.
3. During
the inspection, if violations are detected, inspection agencies shall handle of
transfer the issue to competent agencies for handling as prescribed by laws.
Chapter V
MARKET PRICE SUMMARY, ANALYSIS, FORECAST
AND DATABASES ON PRICES
Article 34. Market price summary, analysis, and forecast
1. Market
price summary, analysis, and forecast mean the collection and summary of
information and data on prices of assets, goods, and services in a period of
the stage for analysis, assessment, and forecast regarding the trend of
fluctuations of the market price level to propose directions, solutions, and
measures to manage and regulate prices.
2.
Regulations on market price summary, analysis, and forecast are as follows:
a)
Organize the collection and analysis of prices of assets, goods, and services
on the market;
b)
Develop reports on price market summary, analysis, and forecast in each stage
and period in association with the objective for inflation control;
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Article 35. Market price summary, analysis, and forecast
principles
1. Being
performed regularly, continuously, and promptly.
2. Ensuring
adequacy and accuracy based on the application of information technology
regarding the summary and analysis of data.
3. Being
performed scientifically in association with the application of information
technology and requirements for price management and regulation regarding the
market price forecast.
Article 36. Reports on market price summary, analysis, and
forecast
1.
Reports on market price summary, analysis, and forecast include:
a)
Summary of market price levels and the development of domestic and
international market price levels of goods and services serving the requirement
for state management of prices; analysis of reasons for market price level
fluctuations; assessment of impacts on domestic and international
socio-economic situations and the price management and regulation;
b) Price
management and regulation operations of the State;
c)
Forecasts for the trend of fluctuations of market price levels of essential
goods and services;
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dd)
Solutions and measures to manage and regulate prices.
2. The
Minister of Finance of Vietnam shall stipulate price market summary, analysis,
and forecast operations.
Article 37. Responsibilities of agencies and units
performing market price summary, analysis, and forecast
1. The
Ministry of Finance of Vietnam shall take charge and cooperate with Ministries,
central authorities, and People's Committees of provinces in implementing price
market summary, analysis, and forecast operations for research and counseling
for the Government of Vietnam regarding solutions to price regulation according
to their functions and assigned tasks.
2.
Ministries and central authorities shall cooperate with the Ministry of Finance
of Vietnam in implementing market price summary, analysis, and forecast
operations in fields under their management according to the regulations of the
Government of Vietnam.
3.
People’s Committees of provinces shall implement market price summary,
analysis, and forecast operations in their areas under the guidance of the
Ministry of Finance of Vietnam.
Article 38. Databases on prices
1.
Databases on prices include the National Database on Prices and local databases
on prices.
2. The
National Database on Prices, uniformly managed by the Ministry of Finance of
Vietnam, is developed to serve the state management of prices, valuation, and
other social needs. Information provided from the National Database on Prices
is one of the sources of information serving the state management and social
needs. Organizations and individuals that wish for information from the
National Database on Prices shall pay the prices for services according to the
regulations of the Ministry of Finance of Vietnam.
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4.
Ministries, ministerial agencies, People's Committees of provinces, and
valuation enterprises shall update information and data on prices to the
National Database on Prices. The collection, archive, handling, protection,
utilization, and use of databases on prices shall be in association with the
application of information technology. Organizations and individuals are
encouraged to participate in the development of databases on prices.
5. The
Government of Vietnam shall elaborate on the development, management, update,
and utilization of databases on prices.
Article 39. Funding for market price summary, analysis, and
forecast and databases on prices
1.
Funding for market price summary, analysis, forecast operations, and price
management and regulation is allocated in the state budget estimates of
agencies and units assigned to perform the tasks.
2.
Funding for investment in the development, maintenance, upgrade, management,
and operation of databases on prices is covered by the state budget according
to decentralization and other legal funding sources as prescribed by laws.
Agencies
assigned to manage databases on prices shall prepare budget estimates for the
development, maintenance, upgrade, management, and operation for presentation
to competent authorities for approval according to laws on the state budget.
3. The
Ministry of Finance of Vietnam shall elaborate on this Article.
Chapter VI
VALUATION
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Article 40. Valuation operations
1.
Valuation operations include the provision of valuation services and valuation
operations of the State.
2. The provision
of valuation services shall be performed by valuation enterprises and concluded
under civil contracts; valuation operations of the State shall be performed by
valuation councils according to decisions of competent agencies, organizations,
and persons prescribed in Article 59 of this Law.
Article 41. Valuation principles
1.
Complying with laws and Valuation Standards of Vietnam.
2.
Ensuring objectivity, honesty, publicity, and efficiency.
3. Taking
responsibilities for valuation operations as prescribed by laws.
Article 42. Valuation Standards of Vietnam
1.
Valuation Standards of Vietnam are regulations and guidelines on specialties
and professional ethics in valuation operations.
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Article 43. Valuation occupational associations
1.
Valuation occupational associations are established and operated under laws on
associations and shall comply with the Law on Prices and relevant laws.
2.
Valuation occupational associations may provide professional training in
valuation and advanced training in professional knowledge of valuation, issue
certificates of course completion, and perform operations related to valuation
according to the regulations of the Minister of Finance of Vietnam.
Section 2. VALUATION SERVICES
Article 44. Valuer cards
1. Valuer
cards are professional certificates in asset or enterprise valuation issued to
qualified persons at the exam for valuer cards.
2.
Participants of the exam for valuer cards shall:
a) Have
full legal capacity;
b) Have
at least a bachelor’s degree;
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3. The
Minister of Finance of Vietnam shall stipulate the exam, issuance, management,
and revocation of valuer cards.
Article 45. Valuation practice registration
1.
Persons with valuer cards registering valuation practice shall:
a) Have
full legal capacity;
b) Have
valid labor contracts as prescribed by laws on labor with enterprises that they
are registering valuation practice, except for cases where persons with valuer
cards are legal representatives of enterprises;
c) Have a
total actual working time at valuation enterprises or price and valuation
authorities at the university level or higher of at least 36 months. In case of
working at the university level or higher concerning prices or valuation under
the program on orientation and application according to laws, the total actual
working time at valuation enterprises or price and valuation authorities shall
be at least 24 months.
d) Have
updated knowledge of valuation according to regulations of the Ministry of
Finance of Vietnam, except for cases where valuer cards are issued for less
than 1 year at the time of practice registration;
dd) Not
be specified in Clause 2 of this Article.
2.
Persons banned from valuation practice:
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b)
Persons currently banned from valuation practice under effective judgments of
decisions of Courts; persons currently under prosecution or trial according to
laws on criminal procedures; persons with unspent convictions for crimes
against regulations on the economy or positions related to finance, prices, or
valuation; persons currently under administrative education measures in
communes, wards, or commune-level towns; persons currently subject to mandatory
transfer to rehabilitation or education centers;
c)
Persons currently subject to revocation of valuer cards according to decisions
on penalties for administrative violations of competent persons according to
laws on handling of administrative violations.
3.
Persons with valuer cards eligible for valuation registration according to
Clause 1 of this Article shall register valuation practice with the Ministry of
Finance of Vietnam via valuation enterprises to be announced as valuers of such
valuation enterprises. Persons with valuer cards in enterprise valuation may
register their practice in 2 fields specified in Clause 1 Article 44 of this
Law. Persons with valuer cards shall not register their practice at 2 or more
enterprises at the same time.
4. The
Government of Vietnam shall stipulate the procedure and application for
valuation practice registration.
Article 46. Valuers
1.
Valuers are persons with valuer cards who have registered for valuation
practice and are announced as valuers by the Ministry of Finance of Vietnam.
2. During
valuation practice, valuers shall maintain the requirements for valuation
practice registration prescribed in Clause 1 Article 45 of this Law. Valuation
enterprises shall promptly submit reports to the Ministry of Finance of Vietnam
in cases of fluctuations in valuers because such valuers fail to maintain the
requirements for valuation practice registration or due to changes to practice
registration locations.
3.
Regulations on lists of valuers:
a) Lists
of valuers shall be announced annually before January 1 of the announcement
year;
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c) Lists
of valuers shall be announced when enterprises are issued or re-issued with
certificates of eligibility for valuation services;
Article 47. Rights and obligations of valuers
1.
Valuers may:
a) Practice
valuation according to this Law; sign certificates of valuations and reports on
valuation by their professional field; practice without having to meet
requirements for additional certificates or professional requirements other
than those prescribed in this Law;
b)
Provide independent viewpoints on professional expertise;
c)
Request customers to cooperate in providing documents related to assets subject
to valuation and facilitating the valuation; not be responsible for the
accuracy of information on assets subject to valuation provided by customers;
d) Refuse
to perform valuation in case of improper professional field for practice or
inadequate or unreliable documents for valuation performance;
dd)
Participate in domestic or foreign occupational organizations for valuation as
prescribed by laws;
e)
Exercise other rights as prescribed by laws.
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a) Comply
with this Law and relevant laws;
b) Ensure
the independence of their professional expertise, honesty, objectivity, and
accuracy during asset valuation; take professional responsibility during the
implementation and ensure that reports on valuation comply with the Valuation
Standards of Vietnam;
c)
Provide explanations or protection of contents of their valuation reports for
their customers or third parties permitted to use such reports under valuation
contracts upon requests; provide explanations for their valuation reports for
competent state agencies upon requests as prescribed by laws;
d)
Participate in programs on updates on knowledge of valuation as per regulation;
dd)
Prepare valuation documentation as prescribed by laws;
e)
Perform other obligations as prescribed by laws.
Article 48. Valuation enterprises
1. Valuation
enterprises are enterprises established and registered for valuation service
provision according to laws on enterprises with certificates of eligibility for
valuation services issued by the Ministry of Finance of Vietnam under this Law.
2. Persons
who resigned from positions and entitlements in the state management of prices
shall not establish or hold positions or titles of managers or operators at
valuation enterprises during the period prescribed by laws on prevention and
combat against corruption.
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1. An
enterprise applying for a certificate of eligibility for valuation services
shall have at least 5 persons with valuer cards meeting the requirements
prescribed in Clause 1 Article 45 of this Law registering valuation practice at
that enterprise and meet the following conditions:
a)
Regarding private enterprises, single-member limited liability companies, and
partnerships, owners, directors, or general directors of private enterprises;
legal representatives, directors, or general directors of single-member limited
liability companies and partnerships shall meet the requirements prescribed in
Article 51 of this Law. Owners of single-member limited liability companies
that are individuals and members of partnerships shall be persons with valuer
cards registering their practice at such enterprises;
b)
Regarding limited liability companies with 2 or more members and joint stock
companies, legal representatives, directors, or general directors of such
enterprises shall meet the requirements prescribed in Article 51 of this Law.
At the same time, such enterprises shall have at least 2 capital contributors
or 2 shareholders that are persons with valuer cards registering their practice
at such enterprises.
If the
capital contributors or shareholders are organizations, the authorized
representatives of capital contribution organizations shall be persons with
valuer cards registering their practice at the enterprises; the total capital
contribution of members that are organizations shall not exceed 35% of the
charter capital. The total capital contrition of members or shareholders that
are persons with valuer cards registering their practice at the enterprises
shall account for at least 50% of the charter capital of enterprises.
2. If
certificates of eligibility for valuation services are lost, damaged, or have
their information altered compared to the information displayed on such
certificates, valuation enterprises shall perform the procedure for re-issuance
of certificates of eligibility for valuation services.
3. The
Government of Vietnam shall stipulate regulations on applications and
procedures for issuance and re-issuance of certificates of eligibility for
valuation services.
Article 50. Branches of valuation enterprises
1.
Branches of valuation enterprises are dependent units of such enterprises,
established under laws on enterprises satisfying requirements prescribed in
Clause 2 of this Article and written on certificates of eligibility for
valuation services.
2.
Branches of valuation enterprises shall meet the following requirements:
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b) Heads
of branches must be persons with valuer cards who meet the requirements for
practice registration according to Clause 1 Article 45 of this Law registering
their practice at such branches.
3.
Branches of valuation enterprises may perform valuation according to written
documents of valuation enterprises and issue valuation certificates and reports
for valuation contracts they concluded with the customers.
4.
Valuation enterprises shall take responsibility for the provision of valuation
services of their branches.
Article 51. Legal representatives, directors or general
directors of valuation enterprises, and heads of branches of valuation
enterprises
1. Legal
representatives, directors, or general directors of valuation enterprises
shall:
a) Be the
legal representatives, directors, or general directors written on certificates
of enterprise registration;
b) Be
valuers at their enterprises;
c) Have
at least 36 months of working time as valuers;
d)
Maintain the requirements prescribed in Points a, b, d, and dd Clause 1 Article
45 of this Law;
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2. Names
of legal representatives, directors or general directors of valuation
enterprises, and heads of branches of valuation enterprises shall be written on
certificates of eligibility for valuation services issued to valuation
enterprises.
Article 52. Operational requirements for valuation
enterprises and their branches
1.
Valuation enterprises shall have certificates of eligibility for valuation
services while ensuring the maintenance of requirements prescribed in Article
49 and Article 50 of this Law.
2. Within
10 days after failing to meet one of the requirements prescribed in Article 49
and Article 50 of this Law, valuation enterprises shall submit reports to the
Ministry of Finance of Vietnam while remedying such matter within 3 months from
the date of failure.
3. During
the remedial period, as prescribed in Clause 2 of this Article, the provision
of valuation services of valuation enterprises and their branches shall be
performed as follows:
a) In case
legal representatives of enterprises are no longer valuers at such enterprises
or no longer meet the requirements prescribed in Points a, b, d, and dd Clause
1 Article 45 of this Law, valuation enterprises and their branches shall not
issue valuation certificates and/or reports. In case heads of branches of
valuation enterprises are no longer valuers at such enterprises or no longer
meet the requirements prescribed in Points a, b, d, and dd Clause 1 Article 45
of this Law, valuation enterprises and their branches shall not issue valuation
certificates and/or reports.
b) In
case of having an insufficient number of valuers but not falling into cases
prescribed in Point a of this Clause, valuation enterprises and their branches
may issue valuation certificates and/or reports for valuation contracts
concluded when they are sufficient in terms of the number of valuers, but shall
not conclude new valuation contracts.
4. After
3 months from the date of failure to meet the requirements prescribed in
Article 49 and Article 50 of this Law, valuation enterprises that fail to
remedy the operational requirements for valuation services shall be suspended
from providing such services or have their certificates of eligibility for
valuation services revoked under Article 54 of this Law. Branches of valuation
enterprises that fail to remedy the operational requirements for valuation
services shall be removed from the certificates of eligibility for valuation
services.
Article 53. Rights and duties of valuation enterprises
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a)
Provide valuation services under this Law;
b)
Participate in domestic and foreign occupational associations or organizations
for valuation as prescribed by laws;
c) Request
customers to provide documents and data related to assets subject to valuation
and facilitate the implementation of the valuation;
d) Refuse
to provide valuation services;
dd)
Exercise other rights as prescribed by laws.
2.
Valuation enterprises shall:
a) Comply
with regulations on valuation operations of this Law;
b)
Perform valuation by the correct valuation contracts and permitted fields of
expertise; allocate valuers or persons with sufficient expertise to perform
valuation by concluded contracts; facilitate valuers to perform valuation
independently and objectively;
c)
Develop and organize the quality control of valuation reports to issue and
provide valuation certificates to their customers;
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dd)
Compensate for damage as prescribed by laws due to violations of agreements in
valuation contracts or in cases where the valuation operations harm the
benefits of agencies, organizations, and individuals due to incompliance with
regulations on valuation;
e)
Purchase occupational responsibility insurance for valuation operations or
extract and establish provision for occupational risks according to regulations
of the Minister of Finance of Vietnam;
g) Manage
and supervise valuation operations of valuers at enterprises;
h)
Adequately implement regulations on reports on valuation operations as per
regulation of the Minister of Finance of Vietnam
i)
Preserve and archive documentation on valuation safely, sufficiently, and
legally, ensuring its confidentiality according to laws on archives;
k)
Perform other obligation as prescribed by laws.
Article 54. Suspension of valuation service provision and
revocation of certificates of eligibility for valuation services
1.
Valuation enterprises shall be suspended from providing valuation services when
they fall into one of the following cases:
a)
Failing to meet one of the requirements prescribed in Clause 1 Article 49 of
this Law in 3 consecutive months;
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c) Other
cases of operational suspension according to laws on enterprises and handling
of administrative and criminal violations.
2.
Valuation enterprises shall have their certificates of eligibility for valuation
services revoked when they fall into one of the following cases:
a)
Providing false declarations or forging applications for issuance or
re-issuance of certificates of eligibility for valuation services;
b)
Failing to issue valuation certificates and reports in 12 consecutive months;
c)
Failing to remedy violations against regulations prescribed in Point a Clause 1
of this Article within 60 days after being suspended from providing valuation
services;
d) Self-terminating
their provision of valuation services;
dd)
Having their certificates of business registration or certificates of
enterprise registration revoked.
3. During
the suspension period of valuation service provision, valuation enterprises
shall not conclude any valuation contract and shall not issue any valuation
certificate. Valuation enterprises that have their certificates of eligibility
for valuation services revoked shall terminate the provision of such services
from the effective date of revocation decisions.
Legal
representatives of valuation enterprises shall, during the revocation of
certificates of eligibility for valuation services, continue to archive the
documentation on valuation of such enterprises as prescribed in Point i Clause 2
Article 53 of this Law.
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Article 55. Valuation certificates and reports
1.
Valuation certificates shall be signed by valuers who perform the valuation,
signed and sealed by legal representatives of valuation enterprises or heads of
branches of such enterprises.
2.
Valuation reports shall be signed by valuers who perform the valuation,
approved by legal representatives of valuation enterprises or heads of branches
of such enterprises, and inseparable from valuation certificates.
3. Legal
representatives of valuation enterprises may authorize managers of such
enterprises under laws on enterprises to sign valuation certificates and
consider approving valuation reports. Authorized persons shall be valuers at
enterprises.
4.
Valuation certificates and reports are used as one of the grounds for
customers, relevant organizations, and individuals written in valuation
contracts to consider deciding or approving prices of assets. Valuation
certificates and reports may only be used in their validity period for the
intended purposes in association with the information on assets and the number
of assets prescribed in valuation contracts.
5.
Valuation certificates shall be updated to the National Database on Prices
according to regulations of the Ministry of Finance of Vietnam, except for
cases subject to the list of state secrets.
Article 56. Rights and obligations of customers, relevant
organizations, and individuals written in valuation contracts
1.
Organizations and individuals may select valuation enterprises eligible for
practice as prescribed by laws to conclude valuation contracts.
2.
Customers, relevant organizations, and individuals (if any) written in
valuation contracts may:
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b) Refuse
to provide information and documents unrelated to valuation or assets subject
to valuation;
c)
Request the replacement of valuers when there are grounds suggesting that such
valuers violate the Valuation Standards of Vietnam and the honest, independent,
objective operational principles during their performance;
d)
Request valuation enterprises to provide valuation certificates and reports;
compensation in case such enterprises cause damage due to violations;
dd)
Consider deciding on the use of valuation certificates and reports;
e)
Exercise other rights as prescribed by laws.
3.
Customers, relevant organizations, and individuals (if any) written in
valuation contracts shall:
a)
Adequately, accurately, honestly, promptly, and objectively provide information
and documents related to assets subject to valuation upon requests from
valuation enterprises and take legal responsibility for the provided
information and documents;
b)
Cooperate and facilitate valuers to perform the valuation;
c) Promptly,
adequately, and accurately notify competent state agencies of law violations
and contract violations during the performance of valuers and of valuation
enterprises;
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dd) Take
responsibility for the use of valuation certificates and reports in deciding
and approving prices of assets. Valuation certificates and reports shall be
used in their validity period for the intended purposes of valuation in
association with the assets and number of assets prescribed in valuation
contracts;
e)
Perform other obligations as prescribed by laws.
Article 57. Valuation service pricing
Prices
for valuation services shall be written in valuation contracts and implemented as
civil transactions between valuation enterprises with their customers, ensuring
principles of offsetting actual costs reasonably for the adequate
implementation of operations within the scope of work prescribed in the
Valuation Standards of Vietnam.
Article 58. Methods of settling disputes over valuation
contracts
1.
Negotiating and mediating based on commitments written in valuation contracts.
2.
Settling via commercial arbitration.
3. Filing
lawsuits at Courts under civil procedure laws.
Section 3. STATE VALUATION
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1. State
valuation is selected for implementation in cases prescribed by laws where the
use of such a method is one of the bases for competent agencies, organizations,
and persons to consider deciding or approving the prices when selling,
liquidating, leasing, joint venturing, associating, and transferring public
assets or purchasing and renting goods, services, and assets with funding from
the state.
2.
Competent agencies, organizations, and persons prescribed in Clause 1 of this
Article, when selecting the method of State valuation, shall establish
valuation councils to implement the mentioned method.
3.
Valuation operations of the State are not applicable to goods and services
included in the list of goods and services priced by the State.
Article 60. Valuation councils
1. A
valuation council shall have at least 3 members who are officials, public
employees, or employees under the management and utilization of the person
establishing the council, including the chairperson of such valuation council.
In case of necessity, it is possible to hire persons with professional
certificates prescribed in Clause 2 of this Article as members of the valuation
council.
2. At
least 50% of the members, including the chairperson, of a valuation council
shall have one of the following professional certificates:
a)
College diplomas or higher concerning prices and/or valuation;
b) Valuer
cards;
c)
Certificates of professional training in valuation;
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3.
Operational principles of a valuation council:
a) The
valuation council shall operate under principles of collective and decision by
majority. Valuation meeting sessions may only be held when at least 2/3 or more
of the members of the valuation council participate, and such meeting sessions
shall be administrated by the chairperson. Before the organization of any
meeting session, absent members shall have written documents sent to the
chairperson of the valuation council specifying the reason for their absence
enclosed with their independent opinions on issues related to prices of assets
subject to valuation. If the valuation council only has 3 members, its meeting
session shall have such 3 members;
b) The
valuation council shall prepare meeting minutes and valuation reports and
provide notifications of the valuation results based on the majority votes of
its members at the meeting sessions. In case of equal votes, the chairperson
shall have the casting vote on the value of assets subject to valuation.
Members of the valuation council may reserve their opinions if they disagree
with the value of assets decided by the council, such opinions shall be written
in meeting minutes;
c) The
valuation council, established under Clause 1 of this Article, shall
self-dissolute after completing the tasks prescribed in the decision on council
establishment. In cases of issues arising after the dissolution, competent
agencies shall establish other councils to take charge of the handling;
d) The
valuation council may use the seal of the agency that decides on its
establishment or the agency where its chairperson works.
Article 61. Rights and obligations of competent agencies,
organizations, and persons establishing valuation councils
1.
Competent agencies, organizations, and persons establishing valuation councils
may:
a) Select
individuals meeting the requirements prescribed in Clause 1 and Clause 2
Article 60 of this Law to participate in valuation councils;
b) Hire
persons meeting the requirements prescribed in Clause 2 Article 60 of this Law
to participate in valuation councils;
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d)
Request valuation councils to explain contents in valuation councils and
provide notifications of valuation results.
2.
Competent agencies, organizations, and persons establishing valuation councils
shall:
a)
Arrange locations and time and budget for valuation councils and their assisting
teams (if any) to perform valuation;
b)
Preserve and archive valuation documentation as prescribed by laws;
c) Update
notifications of valuation results to databases on prices, except for cases
subject to the list of state secrets;
d) Create
favorable conditions for participants of valuation councils to update their
knowledge about state valuation.
Article 62. Rights and obligations of valuation councils
1.
Valuation councils may:
a)
Request the provision of necessary information, documents, and resources for
the valuation;
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c)
Consider deciding on the use of the results of counseling units and/or
valuation enterprises;
d) Report
on the shortage of information and documents for valuation implementation to
competent authorities;
dd)
Exercise other rights as prescribed by laws.
2.
Valuation councils shall:
a) Ensure
the independence of their professional expertise, honesty, objectivity, and
accuracy during asset valuation and take responsibility to ensure that
valuation operations comply with the Valuation Standards of Vietnam;
b) Review
and assess compliance with regulations on collection and analysis of
information, selection of valuation methods, and preparation of valuation
certificates and reports in case of hiring other parties to perform the
valuation partly or wholly;
c) Ensure
information confidentiality as prescribed by laws;
d)
Perform other obligation as prescribed by laws.
Article 63. Rights and obligations of members of valuation
councils
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a) Access
relevant information and documents for valuation;
b)
Provide comments and assessments during the valuation process;
c) Cast
votes to determine the value of assets subject to valuation; in case of
different opinions, reserve their opinions for inclusion in meeting minutes of
valuations;
d) Enjoy
benefits and policies according to laws on valuation and relevant laws;
dd)
Exercise other rights as prescribed by laws.
2.
Members of valuation councils shall:
a) Comply
with the valuation procedure as per regulation;
b) Ensure
the independence of their professional expertise, honesty, objectivity, and
accuracy during asset valuation; take responsibility for the quality and
sufficiency of notifications of valuation results and valuation reports; take
responsibility for their comments and assessments as prescribed in Point b and
Point c Clause 1 of this Article;
c) Update
professional knowledge about valuation;
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dd)
Perform other obligation as prescribed by laws.
Article 64. Notifications of valuation results and reports
on valuation
1.
Notifications of valuation results and reports on valuation may be used as the
basis for counseling for competent agencies, organizations, and persons to
consider deciding or approving the prices according to relevant laws.
2. The
validity periods of notifications of valuation results and reports on valuation
are prescribed in the Valuation Standards of Vietnam. Notifications of
valuation results and reports on valuation may only be used in their validity
periods for the intended purposes of valuation in association with the type of
assets and number of assets prescribed in documents assigning valuation tasks.
Article 65. Valuation costs
1. The
costs of valuation operations of valuation councils and their assisting teams
(if any) shall be covered by the funding from the state budget of competent
agencies establishing such councils, except for cases prescribed in Clause 2 of
this Article. The Ministry of Finance of Vietnam shall provide specific
guidelines for costs for valuation operations of valuation councils.
2. In
case of valuation during the sale, liquidation, lease, joint venture,
association, or transfer of public assets, the costs for such valuation
operations of valuation councils and their assisting teams (if any) shall
comply with relevant laws.
Article 66. Dossiers on valuation of the State
1. A
valuation dossier includes:
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b)
Information and documents on assets subject to valuation;
c)
Decisions on valuation council establishment;
d)
Documents collected and analyzed by the valuation council during the valuation
process; reports of experts and certificates of valuation enclosed with reports
on valuation of valuation enterprises (if any);
dd)
Meeting minutes of the valuation council; reports on valuation and notifications
of valuation results of the valuation council;
e) Other
documents related to valuation (if any).
2.
Valuation councils shall hand over documents related to their valuation
operations to agencies, organizations, and persons competent to establish valuation
councils for archives.
Chapter VII
PROFESSIONAL INSPECTION OF PRICES AND
COMPLIANCE WITH LAWS ON PRICES AND VALUATION
Article 67. Inspection purposes
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2.
Inspection of compliance with laws on prices and valuation if for the purposes
of improving discipline, creating positive influences on the price management
and regulation; acknowledging existences and limitations to study and request
amendments to legislative documents on prices and valuation; preventing,
detecting, and handling violations against laws on prices and valuation.
Article 68. Inspection principles
1. The
inspection shall ensure compliance with principles prescribed by laws on
inspection.
2. The
inspection of compliance with laws on prices and valuation shall:
a) Be
performed under plans or directives of competent authorities or upon detection
of violations or signs of violations;
b) Not be
overlapped in terms of scope and time regarding inspection, state audit, or
examination in the same field for one unit;
c) Ensure
objectivity, publicity, transparency, and compliance with entitlements and
procedures as prescribed by laws;
d)
Prevent obstructions and effects on the operations of inspection subjects.
Article 69. Inspection period
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2.
Inspection periods are determined in inspection decisions and shall not be more
than 10 days from the date of announcing inspection decisions; in case of large
inspection scope with complicated contents, it is possible to extend the
inspection periods once, but it shall not be more than 10 days. Inspection
minutes shall be prepared within 5 days after the inspection periods end.
Article 70. Inspection responsibility
1.
Financial inspection agencies shall perform the professional inspection of
prices under laws on inspection.
2. The
Ministry of Finance of Vietnam, Ministries, ministerial agencies, and People's Committees
of provinces shall inspect compliance with laws on prices and valuation and
assign inspection tasks to professional agencies and affiliates.
The
Ministry of Finance of Vietnam shall stipulate the procedure for inspecting
compliance with laws on prices and valuation.
Article 71. Report on inspection results and handling
responsibility
1.
Reports on inspection results and handling responsibility shall comply with
laws on inspection
2.
Reports on inspection results shall specify the results of the inspection;
propose contents of economic, administrative, and legal suggestions (if any) to
inspection subjects; suggest amendments to policies and legislative documents
(if any); request competent agencies to monitor, urge, and supervise the
conclusion of inspections, suggestions, and handling decisions on inspection
(if any).
Article 72. Handling of violations against laws on prices
and valuation
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2.
Organizations and/or individuals violating this Law shall, aside from being
handled as prescribed in Clause 1 of this Article, have their information on
violations against laws on prices and valuation posted on mass media.
3. The
Government of Vietnam shall elaborate on regulations on handling of
administrative violations concerning prices and disclosure of information on
violations against laws on prices and valuation on mass media.
Chapter VIII
IMPLEMENTATION PROVISIONS13
Article 73. Amendment, replacement, and annulment of
several clauses and articles of relevant laws
1.
Amendments and annulment of several Clauses and Articles of the Law on Vietnam
Civil Aviation No. 66/2006/QH11 amended by Law No. 45/2013/QH13 and Law No.
61/2014/QH13:
a)
Amendments to Clause 3 and Clause 4 Article 11 are as follows:
“3.
Prices for aviation services:
a) Prices
for takeoff and landing services; prices for the administration services for
arrival and departure flights; prices for aviation security assurance services;
prices for administration services for flights through flight notification
regions managed by Vietnam; prices for customer services at airports and
airfields;
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c)
Transfer of rights to utilize aviation services at airports and airfields,
including passenger terminals; airport terminals, goods warehouses; territorial
technical-commercial services; repair and maintenance of aviation vehicles and
equipment; aviation techniques; provision of aviation meals; provision of
aviation fuel;
d) Other
aviation services.
4. Prices
for non-aviation services:
a) Ground
rental services, essential basic services at airports and airfields;
b) Other
non-aviation services.”;
b)
Amendments to Clause 6 Article 11 are as follows:
“6.
The pricing of the State for goods and services prescribed in Points a, b, and
c Clause 3 and Point a Clause 4 of this Article shall comply with laws on
prices. Enterprises shall declare and list the prices of goods and services
according to Clause 3 and Clause 4 of this Article under laws on prices.”.
c) Clause
7 and Clause 8 of Article 11 are annulled;
d)
Amendments to Clause 2 Article 116 are as follows:
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2. Amendments
to Clause 2 and Clause 3 Article 90 of the Vietnam Maritime Code No.
95/2015/QH13 amended by Law No. 35/2018/QH14 are as follows:
“2.
Prices for port services:
a) Prices
for container loading and unloading services; prices for pilotage services;
prices for the use of wharves, terminals, and anchor buoys; prices for vessel
towage services;
b) Prices
for other port services.
3. The
pricing of services prescribed in Point a Clause 2 of this Article shall comply
with laws on prices.”.
3.
Amendments to several Articles of the Law on Railway Transport No. 06/2017/QH14
amended by Law No. 35/2018/QH14 are as follows:
a)
Amendments to Clause 1 Article 56 are as follows:
“1.
Prices for transport of passengers, luggage, and cargoes on national railways
shall be decided by rail transport enterprises; prices for transport of
passengers, luggage, and cargoes on urban railways shall be decided by People’s
Committees of provinces under laws on prices; prices for transport services on
dedicated railways shall be decided by dedicated railway enterprises.”;
b)
Amendments to Point a Clause 2 Article 67 are as follows:
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4.
Amendments to Clause 3 and Clause 4 Article 90 of the Law on Forestry No.
16/2017/QH14 are as follows:
“3. The
Minister of Agriculture and Rural Development of Vietnam shall stipulate
methods of forest valuation; price brackets of public production forests,
protection forests, and reserve forests.
4.
People’s Committees of provinces shall decide the forest price brackets in
areas under their management.”.
5.
Amendments to Clause 2 and Clause 3 Article 35 of the Law on Irrigation No. 08/2017/QH14
amended by Law No. 35/2018/QH14, Law No. 59/2020/QH14, and Law No. 72/2020/QH14
are as follows:
“2.
Competence to price irrigation products and services for irrigation works
funded by the state:
a) Regarding
irrigation products and public services subject to the order method:
The
Ministry of Finance of Vietnam shall determine the maximum prices for
irrigation products and public services under the management of the Ministry of
Agriculture and Rural Development of Vietnam;
The
Ministry of Agriculture and Rural Development of Vietnam shall determine the
specific prices for irrigation products and public services under its
management based on the maximum prices promulgated by the Ministry of Finance
of Vietnam;
People’s
Committees of provinces shall determine the specific prices for irrigation
products and public services under their management.
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The
Ministry of Finance of Vietnam shall decide on the price brackets of other
irrigation products and services under the management of the Ministry of
Agriculture and Rural Development of Vietnam;
The
Ministry of Agriculture and Rural Development of Vietnam shall determine the
specific prices for other irrigation products and services under its management
based on the price brackets promulgated by the Ministry of Finance of Vietnam;
People’s
Committees of provinces shall determine the specific prices for other
irrigation products and services under their management.
3.
Regarding public-private partnership-invested irrigation works and irrigation
works with non-state funding, the prices for irrigation products and services
are determined by contracts between parties.”.
6.
Amendments to Clause 6 Article 83 of the Law on Road Traffic No. 23/2008/QH12
amended by Law No. 35/2018/QH14 and Law No. 44/2019/QH14 are as follows:
“6.
People’s Committees of provinces shall price services of motor vehicles
entering and existing motor vehicle stations based on the types of motor
vehicle stations under laws on prices.”.
7.
Amendments to Clause 6 Article 79 of the Law on Environmental Protection No.
72/2020/QH14 amended by Law No. 11/2022/QH15 are as follows:
“6. People’s
Committees of provinces shall elaborate on the management of domestic solid
waste of households and individuals in their areas; impose specific charges for
domestic solid waste collection, transport, and treatment services based on the
weight or volume of the sorted waste; price domestic waste collection,
transport, and treatment services under laws on prices.”.
8.
Amendments to Clause 2 Article 31 of the Law on Electricity No. 28/2004/QH11
amended by Law No. 24/2012/QH13, Law No. 28/2018/QH14, and Law No. 03/2022/QH15
are as follows:
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9.
Amendments to the Law on Notarization No. 53/2014/QH14 amended by Law No.
28/2018/QH14 are as follows:
a)
Amendments to Article 67 are as follows:
“Article
67. Prices for on-demand notarization-related services
1.
Notarization requesters shall pay prices for on-demand notarization-related
services when requesting notarial practice organizations to draft contracts or
transactions, typewrite or make copies, translate papers or documents, or
perform other notarial jobs.
2.
People’s Committee of provinces shall determine the maximum prices for
on-demand notarization-related services applicable to local notarial practice
organizations. Notarial practice organizations shall determine specific prices
for each job, which must not exceed the maximum prices promulgated by People’s
Committees of provinces, and shall publicly post up such prices at their
headquarters. Notarial practice organizations that collect payments for prices
for on-demand notarization-related services higher than the maximum and posted
prices shall be handled as prescribed by laws.
3.
Notarial practice organizations shall explain the prices for on-demand
notarization-related services to notarization requesters.”;
b) The Phrase
“thù lao công chứng” (remuneration) is replaced with the phrase “giá dịch vụ
theo yêu cầu liên quan đến việc công chứng” (prices for on-demand
notarization-related services) in Point dd Clause 1 Article 7, Clause 5 Article
22, Clause 2 Article 32, Clause 4 Article 33, Point dd Clause 1 Article 70, and
the name of Chapter VII.
10.
Amendments and annulment of several Clauses and Articles of the Law on Property
Auction No. 01/2016/QH14:
a)
Amendments to the name and Clause 1 of Article 66 are as follows:
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1.
Auction prices and property auction expenses shall be agreed upon by the
property seller and property auction organization in the property auction
service contract. In case of auction of property prescribed in Clause 1 Article
4 of this Law, auction prices shall be in compliance with laws on prices.”;
b) The phrase
“thù lao dịch vụ đấu giá” (auction remuneration) is replaced with the phrase
“giá dịch vụ đấu giá” (auction prices) in Article 1, Point dd Clause 2 Article
9, Point d Clause 1 Article 24, Point d Clause 4 Article 56, Article 68, and
the name of Chapter V;
c) Points
dd Clause 2 Article 78 is annulled.
11.
Amendments and annulment of several Articles of the Law on Technology Transfer
No. 07/2017/QH14 are as follows:
a)
Amendments to Point b Clause 2 Article 47 are as follows:
“b)
Annually submit reports on technology assessment and inspection to science and
technology authorities.”;
b) Clause
2 Article 48 is annulled.
12.
Amendments to Article 22 of the Law on Vietnamese Guest Workers No.
69/2020/QH14 are as follows:
“Article
22. Broker agreements and service prices according to broker agreements
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2.
Service prices under a broker agreement shall be agreed upon by parties and
specified in the agreement without exceeding the ceiling price prescribed in
Clause 3 of this Article.
3. The
Ministry of Labor - War Invalids and Social Affairs of Vietnam shall elaborate
on the ceiling price of service prices under broker agreements for each market,
field, and profession by each period with Vietnamese guest workers.”.
13.
Clause 2 Article 19 of the Law on Tobacco Harm Prevention amended by Law No.
28/2018/QH14 is annulled.
14. Point
b Clause 6 Article 55 of the Law on Planning No. 21/2017/QH14 amended by Law
No. 15/2023/QH15 is annulled.
15.
Article 24 and Appendix No. 02 on the list of products and services with fees
being converted into price fixed by the State enclosed with the Law on Fees and
Charges No. 97/2015/QH13 amended by Law No. 09/2017/QH14, Law No. 23/2018/QH14,
and Law No. 72/2020/QH14 are annulled.
Article 74. Entry into force
1. This
Law comes into force as of July 1, 2024, except for the case prescribed in
Clause 2 of this Article.
2. Clause
2 Article 60 of this Law comes into force as of January 1, 2026. From July 1,
2024 to the end of December 31, 2025, each valuation council shall have at
least 1 member having one of the following professional certificates:
a)
College diplomas or higher concerning prices and/or valuation;
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c)
Certificates of professional training in valuation;
d)
Certificates of advanced training in state valuation.
3. The
Law on Prices No. 11/2012/QH13, which has been amended by Law No. 61/2014/QH13,
Law No. 64/2020/QH14, and Law No. 07/2022/QH15 (hereinafter referred to as “Law
on Prices No. 11/2012/QH13”), expires as of the effective date of this Law,
except for Article 75 of this Law.
Article 75. Transitional provisions
1. Within
12 months after this Law comes into force, valuation enterprises with
certificates of eligibility for valuation services issued under the Law on
Prices No. 11/2012/QH13 shall ensure the requirements for eligibility for
valuation services under this Law. After the mentioned period, if valuation
enterprises fail to satisfy eligibility requirements for valuation services
according to this Law, the Ministry of Finance of Vietnam shall revoke their
certificates of eligibility for valuation services.
2.
Holders of valuer certificates issued in accordance with the Law on Prices No.
11/2012/QH13 may apply for continued practice in asset valuation and business
valuation in accordance with provisions of this Law./.
This
Law was approved by the XV National Assembly of the Socialist Republic of
Vietnam at its 5th meeting on June 19, 2023.
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APPENDIX NO. 1
LIST OF GOODS AND SERVICES
SUBJECT TO PRICE STABILIZATION
(Promulgated together with the Law on Prices No. 16/2023/QH15)
1.
Processed petroleum.
2.
Liquefied petroleum gas (LPG).
3. Milk
for children under 6 years old.
4. Plain
rice.
5.
Nitrogen fertilizers; DAP fertilizer; NPK fertilizer.
6. Animal
feed and aquatic feed.
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8. Plant
protection drugs.
9. Drugs
included in the list of essential drugs used at medical service facilities.
APPENDIX NO. 2
LIST OF GOODS AND SERVICES
PRICED BY THE STATE
(Promulgated together with the Law on Prices No. 16/2023/QH15)
NO.
Names of goods and services
Competence and pricing forms
1
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Comply
with laws on electricity
2
Services
of transporting natural gas by pipeline for electricity production
The
Ministry of Industry and Trade of Vietnam shall determine the specific prices
3
Rail transport
control services on state-invested railway infrastructure
The
Ministry of Transport of Vietnam shall determine the maximum prices
4
Road
use services of projects on investment in road construction (except for expressway
use services) for business managed by central authorities
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Road
use services of projects on investment in road construction (except for
expressway use services) for business managed by local authorities
People’s
Committees of provinces shall determine the maximum prices
5
State-invested
ferry use services managed by central authorities
The
Ministry of Transport of Vietnam shall determine the price brackets
State-invested
ferry use services managed by local authorities
People’s
Committees of provinces shall determine the price brackets
Non-state-invested
ferry use services managed by central authorities
The
Ministry of Transport of Vietnam shall determine the maximum prices
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People’s
Committees of provinces shall determine the maximum prices
6
Port services
(including services of using wharves, terminals, and anchor buoys, container
loading and unloading services, and vessel towage services)
The
Ministry of Transport of Vietnam shall determine the price brackets
State-invested
port and terminal use services (including ports, inland waterway terminals,
and fishing ports) managed by central authorities
The
Ministry of Transport of Vietnam shall determine the maximum prices
State-invested
port and terminal use services (including ports, inland waterway terminals,
and fishing ports) managed by local authorities
People’s
Committees of provinces shall determine the maximum prices
Pilotage
services
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7
Domestic
aviation passenger transport services
The
Ministry of Transport of Vietnam shall determine the maximum prices
State-invested
services of flights on private or commercial planes for official dignitaries
(including reserve aircraft)
- The Ministry
of Finance of Vietnam shall determine the maximum prices
- The
Ministry of Transport of Vietnam shall determine the specific prices
Aircraft
parking lot rental services; passenger check-in counter rental services;
luggage conveyor belt rental services; plane ladder rental services;
all-in-one ground services and commercial and technical services at airports
and airfields; automatic departure baggage sorting services; aviation fuel
refilling services; underground fuel supply system infrastructure services at
airports and airfields; transfer of rights to utilize aviation services at
airports and airfields, including passenger terminals; airport terminals,
goods warehouses; territorial technical-commercial services; repair and
maintenance of aviation vehicles and equipment; aviation techniques;
provision of aviation meals; provision of aviation fuel
The
Ministry of Transport of Vietnam shall determine the price brackets
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The
Ministry of Transport of Vietnam shall determine the price brackets
Takeoff
and landing services; administration services for arrival and departure
flights; aviation security assurance services; administration services for flights
through flight notification regions managed by Vietnam; prices for customer
services at airports and airfields;
The
Ministry of Transport of Vietnam shall determine the specific prices
8
Transport
vehicle inspection services: inspection services of motor vehicles, parts,
systems of components, and spare parts of motor vehicles; vehicles and
devices for exploration, extraction, and transportation at sea; specialized
vehicles and devices for loading and unloading and construction; machinery, devices,
and supplies subject to strict regulations on occupational safety and hygiene
in transport, and specialized technical devices and equipment.
The
Ministry of Transport of Vietnam shall determine the maximum prices
Inspection
services of machinery, devices, supplies, and substances subject to strict
regulations on occupational safety
Ministry
of Labor – War Invalids and Social Affairs of Vietnam shall determine the
price brackets
Inspection
services of machinery, devices, supplies, and substances subject to strict
regulations on industrial safety
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9
Telecommunications
connection services
The
Ministry of Information and Communications shall determine the specific
prices
10
Public
postal services and public telecommunications services except for ordered
state-funded services
The Ministry
of Information and Communications shall determine the maximum prices
11
Royalties
when using works, audio and video recordings in case of limited copyrights,
limited related rights according to regulations of the Law on Intellectual Property
Comply
with laws on intellectual property
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Compensation
for the right to use transferred plant varieties under compulsory decisions
of competent agencies
12
Irrigation
products and public services for state-funded irrigation works under the management
and ordering scope of the Ministry of Agriculture and Rural Development of
Vietnam
- The
Ministry of Finance of Vietnam shall determine the maximum prices
- The
Ministry of Agriculture and Rural Development of Vietnam shall determine the
specific prices
Irrigation
products and public services for state-funded irrigation works under the
management and ordering scope of local authorities
People’s
Committees of provinces shall determine the specific prices
13
Other irrigation
products and services for state-funded irrigation works under the management
of the Ministry of Agriculture and Rural Development of Vietnam
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- The
Ministry of Agriculture and Rural Development of Vietnam shall determine the
specific prices within its scope of management
Irrigation
products and public services for state-funded irrigation works under the
management and ordering scope of local authorities
People’s
Committees of provinces shall determine the specific prices
14
Services
in securities-related fields of the Vietnam Exchange (VNX), its subsidies,
and the Vietnam Securities Depository and Clearing Corporation
The Ministry
of Finance of Vietnam shall determine the price brackets, maximum prices, and
specific prices (depending on services)
15
Clean
water
- The
Ministry of Finance of Vietnam shall determine the price brackets
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16
National
reserves (except for cases of purchase under competitive bidding, shopping
method, direct procurement, and sale via auction according to laws on
national reserves in national defense and security)
- The
Ministry of Finance of Vietnam shall determine the maximum purchase prices
and minimum sale prices for the purchase and sale of national reserves of
Ministries and central authorities
- Ministries
and central authorities managing national reserves shall determine the
specific prices based on the maximum purchase prices and minimum sale prices
of the Ministry of Finance of Vietnam
National
reserves in national defense and security
The
Ministry of National Defense of Vietnam and the Ministry of Public Security
of Vietnam shall purchase and sell national reserves in national defense and
security under the Law on National Reserves
17
Public products
and services included in lists promulgated by competent authorities with
funding from the state budget and are within the ordering scope of central
agencies and organizations
- The
Ministry of Finance of Vietnam shall determine the maximum prices
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Public
products and services included in lists promulgated by competent authorities
with funding from the state budget and are within the ordering scope of local
agencies and organizations
People’s
Committees of provinces shall determine the specific prices
18
Medical
services within the scope of state pricing under laws on medical examination
and treatment.
Comply
with laws on medical examination and treatment;
19
Medical
quarantine and preventive medicine at public health facilities
- The
Ministry of Health of Vietnam shall determine the maximum prices
-
People’s Committees of provinces shall determine the specific prices
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- The
Ministry of Health of Vietnam shall determine the maximum prices
-
People’s Committees of provinces shall determine the specific prices
20
Qualified
whole blood and blood products
The Ministry
of Health of Vietnam shall determine the maximum prices
21
Testing
services of drug samples and medicinal ingredients at public service
providers covering their recurrent expenditures, public services providers partly
covering their recurrent expenditures, and public services providers with
recurrent expenditures covered by the State
The
Ministry of Health of Vietnam shall determine the specific prices
22
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The
Ministry of Agriculture and Rural Development of Vietnam shall determine the
price brackets
23
Textbooks
The Ministry
of Education and Training of Vietnam shall determine the maximum prices
24
Tuition
fees and services in education and training in public preschool and general
education establishments within the scope of pricing of the State under laws on
education
Comply
with laws on education
Tuition
fees and services in education and training in public higher education
establishments within the scope of pricing of the State under laws on
education and laws on higher education
Comply
with laws on education and laws on higher education
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Comply with
laws on vocational education
25
Brokerage
services by broker agreements on guest workers; services of overseas guest
worker provision
Ministry
of Labor – War Invalids and Social Affairs of Vietnam shall determine the
maximum prices
26
Official
housing
Comply
with laws on housing
Social
housing according to the Law on Housing
Apartment
building operation and management services for state-owned apartment
buildings in provinces
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27
Goods
and services for tasks of national defense and security ordered from or
assigned to units and enterprises of national defense and security
The Ministry
of National Defense of Vietnam and the Ministry of Public Security of Vietnam
shall determine the specific prices within their jurisdiction
28
Services
of auctioning assets subject to sale via auctions as prescribed by laws
The
Ministry of Justice of Vietnam shall determine the price brackets
29
Public
services funded by the state with prices based on the collection roadmap of
service users
Ministries,
ministerial agencies, and People’s Committees of provinces shall determine
the price brackets, maximum prices, and specific prices based on related
fields
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Increased
goods and services using information from databases or information systems
managed by Ministries and central authorities as requested by organizations and
individuals (excluding services permitted to collect fees and charges under
laws on fees and charges)
Ministries
and central authorities assigned to manage databases and information systems shall
determine the specific prices, maximum prices, and price brackets (depending
on related services)
31
Land
within the scope of state pricing according to laws on land
Comply
with laws on land
32
Public production
forests, protection forests, and reserve forests under the management of
local authorities
People’s
Committees of provinces shall determine the price brackets
33
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People’s
Committees of provinces shall determine the specific prices
34
Cemetery
and cremation services of crematoriums with funding from the state budget
People’s
Committees of provinces shall determine the specific prices
35
Entering
and exiting services at motor vehicle stations
People’s
Committees of provinces shall determine the maximum prices
36
Passenger
and luggage transport services on urban railways
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37
Service
charge for collection, transport and treatment of domestic solid waste
People’s
Committees of provinces shall determine the maximum prices applicable to
investors and facilities collecting, transporting, and treating solid
domestic waste; determine the specific prices applicable to agencies,
organizations, and facilities engaging in production, business, and services,
concentrated production, business, and service zones, industrial clusters,
households, and individuals
38
Drainage
and wastewater treatment services (except for prices for drainage and
wastewater treatment services for industrial zones and industrial clusters
with non-state funding)
People’s
Committees of provinces shall determine the specific prices
39
State-invested
vehicle monitoring services
People’s
Committees of provinces shall determine the specific prices
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Rental
services of general technical infrastructure works with funding from the
state budget
People’s
Committees of provinces shall determine the specific prices
41
On-demand
notarization-related services
People’s
Committees of provinces shall determine the maximum prices
42
Services
of using sale areas at markets with funding from the state
People’s
Committees of provinces shall determine the specific prices
...
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