Nghị định 177/2013/ND-CP

Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of the Law on price

Nội dung toàn văn Decree No. 177/2013/ND-CP guiding the implementation of the Law on price


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 177/2013/ND-CP

Hanoi, November 14, 2013

 

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

Article 1. Scope of adjustment

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;

b) Electricity retailing;

c) Liquefied petroleum gas (LPG);

d) Nitrogenous fertilizer, urea, NPK fertilzer;

dd) Plant protection chemical, including insecticides, fungicides, herbicides;

e) Prophylactic vaccines for livestock and poultry;

g) Edible salt;

h) Milk for children under 06 years of age;

i) Edible sugar including white sugar and refined sugar;

k) Paddy and ordinary rice;

l) Prophylactic medicine and curative medicine for persons under the list of essential medicines used at medical examination and treatment facilities.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for and coordinate with the Ministry of Finance to guide in detail the items subject to price stabilization consistent with each period for items specified at Points d, dd, e, k, Clause 1 of this Article.

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.

2. Setting up the price stabilization fund for goods specified at Point a, b and k, Clause 1, Article 3 of this Decree and it is only used for price stabilization of those goods and services;

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;

b) Where the producing and trading organizations and individuals sell by both wholesale and retail, they shall register both wholesale price and retail price;

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.

4. The time limit for application of methods of price registration for price stabilization of each item shall not exceed 06 months.

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;

e) Determining specific price, maximum price, minimum price or price bracket in accordance with the nature of each type of goods and services under the principles, grounds and methods specified in Article 20 and 21 of the Law on Price;

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;

5. The State Bank 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 monetary measures in accordance with the regulations of law for price stabilization;

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

Article 8. Authority and responsibility for evaluation

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;

- The maximum or minimum price for the state property rental is the infrastructure projects serving national interests and community interests.

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;

- Price of products and services of national defense ordered by the Ministry of Defense from the enterprises under the Government's plan shall be paid by the state budget; price of national reserve of national defense;

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;

c) Price of forest including production forests, protection and special use forests under the public ownership represented by the State as owner;

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;

Article 9. Order and time limit for price decision

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;

- No later than 10 working days for goods and services decided by the Ministries and provincial People’s Committee;

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

Article 11. Participants in price negotiation

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

Article 13. Examination of price formulation elements

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.

4. The Ministry of Finance shall guide the implementation of this Article;

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;

b) Cement and constructional steel;

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;

m) Functional food for children below 06 years of age as prescribed by the Ministry of Health;

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;

2. The state agency having the authority to receive the written declaration of price:

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

Article 17. Location of price listing

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.

STATE MANAGEMENT IN THE FIELD OF PRICE

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.

6. Organizing the implementation of contents of management state on price specified in Clause 4, 5, 6 and 7, Article 7 of the Law on Price and other contents in the field of price under its assigned authority.

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;

3. Evaluating goods and services under its authority;

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.

Article 25. Contents of database of price

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.

b) Information bought by the state management agency on price from units and individuals providing information;

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.

2. The Ministers, heads of ministerial-level agencies, heads of government-attached agencies and Chairmen of People's Committees of provinces and centrally-run cities are liable to execute this Decree. /.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 


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Thuộc tính Văn bản pháp luật 177/2013/ND-CP

Loại văn bảnNghị định
Số hiệu177/2013/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành14/11/2013
Ngày hiệu lực01/01/2014
Ngày công báo...
Số công báo
Lĩnh vựcThương mại
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật6 năm trước

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        Decree No. 177/2013/ND-CP guiding the implementation of the Law on price
        Loại văn bảnNghị định
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        Ngày ban hành14/11/2013
        Ngày hiệu lực01/01/2014
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        Số công báo
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        Cập nhật6 năm trước

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