Công văn 13548/BTC-QLG

Respectfully to: The wholesale LPG business enterprises

On 02/10/2012, the Ministry of Finance received dossiers of LPG selling-price registration (fax copy) of 5 wholesale enterprises doing business in Liquefied petroleum gas (LPG). After reviewing, the Ministry of Finance has opinions as follows:

1. In according to point 3.1, item 3, Article 7, chapter VI, Circular No.122/2010/TT-BTC of August 12, 2010 amending and supplementing the Circular No.104/2008/TT-BTC of November 13, 2008 of the Ministry of Finance guiding implementation of the Government’s Decree No.170/2003/ND-CP of December 25, 2003 detailing the implementation of a number of articles of the Price Ordinance and the Government’s Decree No.75/2008/ND-CP of June 09, 2008 on amending and supplementing a number of articles of the Government’s Decree No.170/2003/ND-CP of December 25, 2003, detailing the implementation of a number of articles of the Price Ordinance, regulated that “Before producers and traders sell goods and services subject to price registration at new prices, they shall make and submit price registration forms to state agencies competent to receive these forms”

On the other hand, as prescribed in section I, part V of Decision No.1625/QD-BTC, of June 28, 2012 on promulgating the process of price registration, price declaration at the Price Management Department of the Ministry of Finance and at the Departments of Finance of central-affiliated cities and provinces: “The Price Management Department/ provincial Departments of Finance shall receive forms in one of methods as follows: Directly receive at Office of the receiving agencies; receive through official dispatch way; receive via email with e-signature; receive via fax (organizations, individuals implementing price registration, price declaration shall concurrently call to the Price Management Department/ provincial Departments of Finance).

When implementing the above-mentioned regulations, in order to ensure timeliness, the Ministry of Finance requests:

a) The wholesale LPG business enterprises shall send dossiers of price registration to the Price Management Department – the Ministry of Finance in one of two ways: Email (required with e-signature), or via Fax; and call to the Price Management Department for confirmation of time sending and receiving dossier. Information on fax number, telephone number and email receiving dossier is detailed as follows:

- Fax number: 04.2 220 8105

- Telephone number for confirmation of information: 04.2 220 2828 (extension number: 4170); or mobile number: 0932.031.187 or 0949.356.868

- Email (cc): [email protected]; [email protected] b) Dossiers of price registration of the wholesale LPG business enterprises must be faxed or sent via email to the Price Management Department – the Ministry of Finance before adjusting selling price (including weekends or holidays).

2. As prescribed in point 3.3, item 3, Article 7 of the Circular No.122/2010/TT-BTC of August 12, 2010 of the Ministry of Finance: “Table of registered specific prices associated with goods or service quality; sale venues. Registered prices are those calculated by the producer or trader under regulations on valuation of assets, goods and services promulgated by competent agencies under law”; “The price registration form is provided in Appendix 4 to this Circular”

After reviewing dossiers of price registration, realizing that some enterprises have not yet supplied fully information at the form (Appendix 4). So that, the Ministry of Finance requests wholesale LPG business enterprises to strictly implement the above-mentioned regulations (the Ministry of Finance copies and encloses Appendix 4 of the Circular No.122/2010/TT-BTC)

Concurrently, requesting wholesale LPG business enterprises retailing LPG for clearly indicating bottled LPG trade mark in section of name of goods and services of sub-form "Explanation on reason of adjusting prices of goods and services subject to price registration" in Appendix 4. The various bottled LPG trade marks with different price levels (if any) shall be made into separate sub-forms and separate explanations on reason of adjusting prices.

3. As prescribed in item c, point 5.2, clause 5, Article 7, chapter VI of the Circular No.122/2010/TT-BTC of August 12, 2010 of the Ministry of Finance: "For producers and traders of goods and services subject to price registration: They shall publicize price information; post up legally registered sale prices under this Circular, publicize them within their entire system, sell goods and services at posted prices and observe price valorization measures under law upon abnormal market fluctuations.”

Concurrently, according to regulations in the Government’s Decree No.107/2009/ND-CP of November 26, 2009 on trading of liquefied petroleum gas: Regarding obligations of LPG-trading general agents specified in Article 25: To sell LPG at prices set by wholesale LPG traders; to sell LPG in sufficient quantity and of proper quality under regulations; to refrain from joining cartels to increase LPG selling prices and from committing other fraudulent acts; to fully observe regulations on invoices and documents in all LPG trading stages under the Ministry of Finance's regulations”; Regarding obligations of bottled LPG-selling stores specified in Article 32: “To post up selling prices of bottled LPG and sell bottled LPG at posted prices set by their agency principals (agents, general agents or LPG wholesalers); and to submit to the management, inspection and supervision by these traders and competent functional agencies”

For implementation of the above-mentioned regulations, the Ministry of Finance requests wholesale LPG business enterprises timely to publicize price information after each time of adjusting the LPG selling price ( especially for retailing prices to consumers in order to unify within entire system of LGP general agents, agents and stores) on means of mass media; implement posting up the selling prices as prescribed.

The Ministry of Finance notifies and requires the wholesale LPG business enterprises for strict implementation of regulations on price registration. The violations shall be strictly handled in according to current regulations.