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