Pháp lệnh 40/2002/PL-UBTVQH10

ORDINANCE

ON PRICES
(No. 40/2002/PL-UBTVQH10)

In order to contribute to developing the socialist-oriented market economy, to stabilize the prices and to protect the legitimate rights and interests of production and/or business organizations and individuals, of the consumers, and the interests of the State;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/NQ-QH10 of December 25, 2001 of the Xth National Assembly, its 10th session;
Pursuant to Resolution No.52/2001/NQ-QH10 of December 25, 2001 of the Xth National Assembly, its 10th session, on the 2002 Law- and Ordinance- Making Program;
This Ordinance prescribes prices.

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope and application objects

1. This Ordinance prescribes the State management over prices and price-related activities of production and/or business organizations and individuals.

2. This Ordinance shall apply to domestic and foreign organizations and individuals engaged in production and/or business activities in Vietnam.

3. Where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions on prices different from those of this Ordinance, the provisions of such international treaty shall apply.

Article 2.- The price-managing principles

1. The State shall respect the right to set prices and to compete in prices of production and/or business organizations and individuals strictly according to law.

2. The State shall employ necessary measures to stabilize prices and protect the legitimate rights and interests of production and/or business organizations and individuals, of the consumers, and the interests of the State.

Article 3.- Supervising the enforcement of the legislation on prices

1. The National Assembly’s agencies and deputies, the People’s Councils of all levels shall, within the scope of their functions, tasks and powers, supervise the enforcement of the legislation on prices.

2. Vietnam Fatherland Front and its member organizations shall mobilize people to implement the provisions of the legislation on prices, supervise the enforcement of the legislation on prices.

Article 4.- Interpretation of terms and phrases

In this Ordinance, the following terms and phrases are construed as follows:

1. Prices shall include the prices decided by the State, the prices decided by production and/or business organizations and/or individuals, and the market prices.

2. Appraisal of prices means the evaluation or re-evaluation of the value of property compatible with the market at a given location, a given time according to Vietnamese standards or international practices.

3. Dumping means the act of selling goods and/or services at extremely low prices as compared with the common prices on the Vietnamese market in order to dominate the market, restrict lawful competition, thus causing damage to the legitimate interests of other production and/or business organizations and individuals as well as the interests of the State.

4. Aligned price monopoly means the agreement between production and/or business organizations and/or individuals to set a price level to dominate the market, causing damage to the legitimate interests of other production and/or business organizations and/or individuals, of the consumers, and the interests of the State.

5. Monopoly prices mean the prices of goods or services bought, sold on the market only by one production and/or business organization or individual or the prices of goods or services of aligned monopoly organizations and/or individuals that control most market shares and have strength to manipulate the market prices.

6. Abnormally changing prices mean the prices rising or falling in case of economic crises, natural calamities, enemy sabotage or in other cases of abnormality.

Chapter II

THE STATE ADMINISTRATION OF PRICES

Section 1. STABILIZATION OF MARKET PRICES

Article 5.- The aims of price stabilization

The State shall adopt necessary policies and measures to affect the supply-demand relationship in order to stabilize the market prices for important and essential commodities and services, to control inflation, stabilize the socio-economic situation, protect the legitimate interests of production and/or business organizations and individuals, of the consumers, and the interests of the State, contributing to the promotion of investment and development.

Article 6.- Price-stabilizing measures

1. Where the market prices of important and essential commodities and services abnormally fluctuate, the State shall employ the following measures to stabilize the prices:

a) Adjusting the demand and supply of home-made goods and export, import goods; commodities between regions, localities in the country;

b) Purchasing or selling out reserve commodities;

c) Controlling goods in stock;

d) Setting the maximum prices, the minimum prices, price brackets;

e) Controlling price components;

f) Subsidizing farm produce prices when the market prices drop too low, thus causing damage to the producers; subsidizing prices of other important and essential commodities and services.

2. Competence, procedures and time limits for, types of goods and services entitled to, the application of the measures prescribed in Clause 1 of this Article shall be stipulated by the Government.

3. Organizations and individuals that produce and/or trade in important and essential commodities and/or services shall have the responsibility to apply relevant measures prescribed in Clause 1 of this Article to contribute to price stabilization.

Section 2. PRICE DETERMINATION, PRICE CONSULTATION

Article 7.- Properties, commodities and services with prices set by the State

1. Properties, commodities and services with prices set by the State shall include:

a) Land, water surface, important natural resources;

b) The State properties sold or leased;

c) Monopoly commodities and services;

d) Commodities and services important for the national policies and people�s welfare.

2. The State shall fix prices of the properties, commodities and services prescribed in Clause 1 of this Article in the following forms:

a) The specific price levels;

b) The standard price levels;

c) The price brackets;

d) The maximum and minimum prices.

3. The Government shall specify the lists of properties, commodities and services with prices set by the State as provided for in Clause 1 of this Article and the application of price-fixing forms prescribed in Clause 2 of this Article in each period.

Article 8.- Bases for price determination

The State shall determine the prices of properties, commodities and services prescribed in Article 7 of this Ordinance on the basis of production and circulation costs; supply-demand-relationship; the purchasing power of the Vietnamese currency; the domestic and international market prices and the socio-economic development policies in each period.

Article 9.- Competence to determine prices

1. The competence to determine prices is stipulated as follows:

a) The Government shall decide on the prices of especially important properties, commodities and services, which affect the socio-economic development of the whole country;

b) The Prime Minister shall decide on the prices of important properties, commodities and services, which affect the socio-economic development of many branches;

c) The ministers and the heads of the ministerial-level agencies shall decide on the prices of the properties, commodities and services, which greatly affect the economic development of their respective branches;

d) The People’s Committees of the provinces or centrally-run cities shall decide on the prices of properties, commodities and services, which greatly affect the socio-economic development in their respective localities.

2. The Government shall specify the price-determining competence prescribed in Clause 1 of this Article.

Article 10.- Adjusting the State-set prices

1. The State agencies competent to determine prices must adjust in time the prices of properties, commodities and services on the lists of those with prices set by the State when the domestic and international price components fluctuate, affecting production and people�s life.

2. Organizations and individuals shall have the right to propose the State agencies competent to determine prices to adjust prices according to law provisions.

Article 11.- Price consultation

The agencies competent to exercise the State management over prices shall organize price consultation between the purchasing parties and the selling parties for important commodities and services characterized with the purchase monopoly, sale monopoly, which do not fall within the scope of price determination by the State as provided for in Article 7 of this Ordinance, at the proposals of the purchasing parties, the selling parties or at the request of the Prime Minister, ministers, heads of the ministerial-level agencies, presidents of the provincial/municipal People�s Committees.

Article 12.- Price consultation results

1. The price consultation results agreed upon by the parties shall be promulgated for implementation by the agencies competent to exercise the State management over prices.

2. Where the parties fail to reach agreement on price levels though price consultation has been organized, the agencies competent to exercise the State management over prices shall decide on the temporary prices for implementation by the parties till they reach agreement on the price levels so as to service in time production and business.

Section 3. PRICE APPRAISAL

Article 13.- State properties whose prices must be appraised

1. The State properties whose prices must be appraised shall include:

a) Properties purchased fully or partly with State budget sources;

b) State properties which are leased, assigned, sold, contributed as capital or subject to other form of right transfer;

c) Properties of State enterprises, which are leased, assigned, sold, contributed as capital, equitized, dissolved or subject to other forms of conversion;

d) Other State properties whose prices must be appraised as provided for by law.

The Government shall prescribe the value of the State properties stated in this Clause, whose prices must be appraised.

2. The State properties whose prices must be appraised as provided for in Clause 1 of this Article, which have gone through bidding or price determination by the Price-Determining Council shall not necessarily have their prices appraised.

Article 14.- Price-appraising enterprises

1. The price-appraising enterprises shall include State enterprises and enterprises of other economic sectors. The Government shall stipulate the organizational forms and conditions for setting up price-appraising enterprises.

2. Organizations and individuals that meet all conditions prescribed by the Government may set up price-appraising enterprises.

Article 15.- Operation of price-appraising enterprises

1. The price-appraising enterprises shall appraise the prices of properties in the cases prescribed in Article 13 of this Ordinance and other properties at the requests of State agencies, organizations or individuals.

2. The price-appraising activities of enterprises shall be effected under contracts with State agencies, organizations and/or individuals demanding the price appraisal.

Article 16.- Criteria or price appraisers

1. Persons recognized as price appraisers must fully satisfy the following criteria:

a) Being Vietnamese citizen;

b) Having university degree in specialty related to price-appraising operations;

c) Having the certificate of professional training in price-appraising operations, granted by competent agencies;

d) Having worked with the trained specialty for three consecutive years or more.

2. Persons who fully meet the conditions prescribed in Clause 1 of this Article shall be considered by the central agencies in charge of State management over prices for the granting of the price appraiser’s card.

Article 17.- Price- appraising results

The results of price appraisal by price-appraising enterprises shall be recorded in writing and used only for the purposes already inscribed in the contracts. The price-appraising results may be used as one of the bases for considering and approving State budget expenditures, for tax calculation, determination of property value as security for bank loans, for insurance purchase, lease, assignment, sale, capital contribution, enterprise equitization and dissolution, and used for other purposes already inscribed in the price-appraising contracts.

Article 18.- Rights and obligations of price-appraising enterprises

The price-appraising enterprises shall have the following rights and obligations:

1. To request the price appraisal-demanding agencies, organizations or individuals to supply documents and data related to the price appraisal;

2. To collect appraisal service charges as agreed upon in the contracts;

3. To take responsibility before law for the results of their price appraisal. Where the price-appraising results are incorrect, causing damage to the State, organizations and/or individuals, they shall have to compensate therefor according to the provisions of law;

4. Other rights and obligations prescribed by law.

Section 4. CONTROLLING THE MONOPOLY PRICES

Article 19.- The State shall control the monopoly prices

In case of necessity, the agencies competent to exercise the State management over prices shall control the production and circulation costs, prices of commodities and services of organizations and individuals when detecting signs of alignment for price monopoly or when deeming it necessary to consider the formation of monopoly prices.

Article 20.- Responsibilities of production and/or business organizations and individuals when receiving the requests for control of monopoly prices

Production and/business organizations and individuals, when receiving the requests for control of monopoly prices shall have the responsibility to report fully, accurately and promptly on the data and materials related to production and circulation costs, prices of monopoly commodities and services at the requests of the agencies competent to exercise the State management over prices.

Article 21.- Rights and responsibilities of the agencies competent to exercise the State management over prices

In controlling the monopoly prices, the agencies competent to exercise the State management over prices shall have the following rights and responsibilities:

1. To suspend the application of commodity and/or service prices decided by organizations and/or individuals aligned together for price monopoly;

2. To request the aligned monopoly organizations and/or individuals to make purchases and/or sales strictly at the purchasing and/or selling prices set before the price monopoly alignment. In cases where the selling prices and/or purchasing prices need to be adjusted, the organizations and individuals shall have to elaborate plans and submit them to the agencies competent to exercise the State management over prices for consideration and decision;

3. To decide on prices within the prescribed time limits on the basis of the price plans submitted or proposed by the production and/or business organizations and individuals to the State bodies competent to adjust prices;

4. To handle violations of the legislation on prices according to law provisions.

Section 5. ANTI-DUMPING

Article 22.- Prohibiting dumping

Production and/or business organizations and individuals are strictly forbidden to commit acts of dumping.

Article 23.- Acts not regarded as acts of dumping

1, The following acts shall not be regarded as dumping acts:

a) Lowering the sale prices of fresh and raw goods items;

b) Reducing the sale prices of goods in stock due to their inferior quality, outmode, unsuitability to consumers tastes;

c) Reducing the sale prices of goods according to seasons;

d) Reducing the sale prices for sale promotion under the provisions of law;

e) Reducing the sale prices of goods in case of bankruptcy, dissolution, termination of production and/or business activities, relocation, re-orientation of production and business.

2. For cases of sale price reduction prescribed in Clause 1 of this Article, the old prices, the new prices and price reduction duration must be publicly and clearly posted up at stores and transaction places.

Article 24.- Complaints and denunciations against acts of dumping

Organizations and individuals shall have the right to make complaints and/or denunciations according to law provisions against acts of dumping.

Article 25.- Investigating and handling acts of dumping

1. Upon receiving written complaints or denunciations about acts of dumping or detecting acts of dumping, the agencies competent to exercise the State management over prices must organize the investigation of the dumping acts.

2. The contents of investigation of dumping acts:

a) Verifying acts of dumping;

b) Determining damage caused by the dumping acts to the legitimate interests of other production and/or business organizations and/or individuals and the interests of the State.

3. Based on the investigation results, the agencies competent to exercise the State management over prices may handle or propose the competent State bodies to handle according to law provisions acts of dumping.

Article 26.- Measures of handling acts of dumping

1. Deciding on the minimum sale prices without restricting lawful competition and without causing damage to the legitimate interests of consumers and the interests of the State.

2. Handling administrative violations.

3. Forcing production and/or business organizations and/or individuals that make the dumping to compensate for damage caused to the damage-suffering production and/or business organizations and/or individuals by the acts of dumping.

4. Persons who commit acts of dumping which show signs of criminal offenses shall be examined for penal liability according to law provisions.

Chapter III

PRICE-RELATED ACTIVITIES OF PRODUCTION AND/OR BUSINESS ORGANIZATIONS, INDIVIDUALS

Article 27.- Price determination by production and/or business organizations and individuals

The production and/or business organizations and individuals shall determine prices of their goods and/or services according to the provisions of this Ordinance and other relevant legal documents.

Article 28.- Prohibited acts

Production and/or business organizations and individuals are forbidden to commit the following acts:

1. Colluding with other production and/or business organizations and/or individuals for price monopoly alignment, causing damage to the legitimate interests of other production and/or business organizations, individuals, of the consumers, and the interests of the State;

2. Dumping goods, services;

3. Fabricating and/or spreading groundless news on price increase or decrease, causing damage to the legitimate interests of other production and/or business organizations and/or individuals, of consumers, and the interests of the State;

4. Fixing wrong prices in order to deceive consumers or their production and/or business partners being organizations and/or individuals;

5. Increasing or reducing prices falsely by changing the quantity, quality, locations for delivery and reception of goods and/or services;

6. Taking advantage of natural disasters, enemy sabotage and/or other abnormal circumstances for speculation to increase prices and/or impose unreasonable prices;

7. Other acts prescribed by law.

Article 29.- Posting up prices

1. Production and/or business organizations and individuals must post up prices of goods and/or services at their stores and/or places of goods trading or service provision transaction; the price post-up must be clear, not causing confusion to consumers.

2. For goods and services with prices set by the State, the production and/or business organizations and individuals must post up the correct prices decided by competent State bodies and such goods and services shall be traded strictly at the listed prices.

For goods and services not on the list of those with prices set by the State, the prices decided by production and/or business organizations and/or individuals shall be posted up.

Article 30.- Rights and obligations of production and/or business organizations and individuals in the field of prices

1. The production and/or business organizations and individuals shall have the following rights:

a) To decide on the purchasing and selling prices of goods and services, except for goods and services on the lists of those with prices set by the State;

b) To decide on the goods and service prices within the price brackets, the price limits decided by competent State bodies;

c) To complain about decisions on prices of competent State bodies, which cause damage to their legitimate interests;

d) To complain about or denounce acts of violating the legislation on prices;

e) To request organizations or individuals to compensate for damage as provided for by law;

f) Other rights prescribed by law.

2. The production and/or business organizations and individuals shall have the following obligations:

a) To draw up plans on prices of goods and services on the lists of those with prices set by the State and submit them to the competent State bodies for decision and to correctly apply those prices;

b) To provide information on prices, decisions on goods and service prices set by themselves at the request of the agencies competent to exercise the State management over prices;

c) To execute the State�s measures for stabilizing the market prices, which are prescribed in this Ordinance;

d) To compensate for damage caused by acts of violating the legislation on prices as provided for by law;

e) Other obligations prescribed by law.

Chapter IV

STATE MANAGEMENT OVER PRICES

Section 1. CONTENTS AND COMPETENCE OF STATE MANAGEMENT OVER PRICES

Article 31.- Contents of State management over prices

1. To study, work out, and organize the implementation of, price-related policies and measures suitable to the socio-economic development requirements in each period.

2. To promulgate legal documents on prices.

3. To decide on the prices of important and monopoly goods, services.

4. To prescribe the criteria of price appraisers; organize the training of the contingent of price appraisal managers and appraisers; grant and withdraw price appraiser�s cards.

5. To control monopoly prices and combat dumping.

6. To gather, process and notify information and forecasts on domestic and world market prices.

7. To organize and manage the work of scientific research, international cooperation, personnel training and fostering in the field of prices.

8. To examine, inspect and settle complaints and denunciations and handle violations of the legislation on price.

Article 32.- Competence for State management over prices

1. The Government shall exercise the unified State management over prices throughout the country.

2. The State management agencies in charge of prices shall be answerable to the Government for the performance of the State management over prices.

3. The ministries and the ministerial-level agencies shall, within the scope of their respective tasks and powers, have to coordinate with the State management agencies in charge of prices in performing the function of State management over prices in their respective branches according to the price management decentralization by the Government.

4. The provincial/municipal People’s Committees shall, within the scope of their tasks and powers, have to perform the function of State management over prices in their localities according to the price management decentralization by the Government.

Article 33.- Organization of the State management agencies in charge of prices

The organizational structure, functions, tasks and powers of the State management agencies in charge of prices shall be defined by the Government.

Section 2. PRICE EXAMINATION AND INSPECTION

Article 34.- Specialized price inspectorate

1. The State management agencies in charge of prices shall perform the function of specialized price inspectorate.

2. The specialized price inspectorate shall conduct examination and inspection of organizations and individuals in observance of the provisions of the legislation on prices and other relevant law provisions.

Article 35.- Rights and responsibilities of specialized price inspectorate

1. The specialized price inspectorate shall have the rights:

a) To request production and/or business organizations and individuals to timely, accurately and honestly report on data and materials related to the contents of price examination and inspection in accordance with law;

b) To request the concerned agencies to appoint officials to participate in, and supply data and materials directly related to, price examination and inspection;

c) To handle acts of violating the legislation on prices according to law provisions.

2. The specialized price inspectorate shall have the responsibilities:

a) Not to use the gathered data, materials and information for purposes other than the purpose of State management over prices;

b) Not to disclose secrets related to production and/or business activities of production and/or business organizations and individuals;

c) To take responsibility before law for their price examination and inspection.

Article 36.- Rights and obligations of organizations and individuals when they are under price examination and inspection

1. Organizations and individuals, upon receiving the request of agencies competent for price examination and inspection, shall have to report in time, accurately and honestly on data and materials related to the contents of price examination and inspection.

2. Organizations and individuals must strictly abide by the handling decisions of State management agencies in charge of prices; in case of disagreeing with such decisions, they may lodge their complaints according to the provisions of law; pending the settlement thereof, they shall still have to abide by such decisions.

3. Organizations and individuals may refuse unlawful price examination and inspection requests.

Section 3. COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS

Article 37.- Commendation and rewards

Organizations and individuals recording achievements in the implementation of the legislation on prices shall be commended and/or rewarded according to the State�s regulations.

Article 38.- Handling of violations of the legislation on prices

1. Organizations and individuals committing acts of violating the legislation on prices shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they must compensate therefor as provided for by law.

2. Those who abuse their positions and powers and violate regulations on prices, take bribes, cover up violators of the legislation on prices; lack responsibility, deliberately act against the State�s regulations in the State management over prices, or commit other acts of violating the legislation on prices shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must compensate therefor as provided for by law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39.- Implementation effect

This Ordinance takes implementation effect as from July 1, 2002.

The previous regulations contrary to this Ordinance shall all be annulled.

Article 40.- Implementation guidance

The Government shall detail and guide the implementation of this Ordinance.