Ministries and regulatory bodies shall preside over and cooperate with competent authorities in receiving the price registration form specified in point a clause 2 Article 6 of this Decr
Trang 1THE GOVERNMENT
-SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No 177/2013/ ND-CP DATED NOVEMBER 14, 2013 BY THE GOVERNMENT PROVIDING GUIDANCE
ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON PRICING
Pursuant to the Law of Government organization dated June 19, 2015;
Pursuant to the Law on Pricing dated June 20, 2012;
Pursuant to the Law on fees and charges dated November 25, 2015;
At the request of the Minister of Finance;
The Government hereby promulgates the Decree amending and supplementing a number of articles
of Decree No 177/2013/ND-CP dated November 14, 2013 by the Government providing guidance
on the implementation of a number of articles of the Law on Pricing.
Article 1 The Decree No 177/2013/ND-CP dated November 14, 2013 by the Government providing guidance on the implementation of a number of articles of the Law on Pricing is amended and supplemented as follows
1 Article 1 is amended as follows:
“Article 1 Scope of regulation
This Decree stipulates in detail and guides the implementation of a number of articles of the Law on Pricing and Article 24 of the Law on fees and charges regarding price stabilization; valuation by the State; price negotiation; inspection of price formation elements; price declaration; price listing and state management authority in the field of price and national price database.”
2 Clause 2 Article 3 is amended as follows:
“2 Ministries and regulatory bodies shall preside over and cooperate with competent authorities in receiving the price registration form specified in point a clause 2 Article 6 of this Decree to specify the list of articles in accordance with specific periods:
a) The Ministry of Agriculture and Rural development shall preside over and cooperate with the Ministry of Finance in detailing the List of articles specified in points dd, e, g, i and k clause 1 of this Article;
b) The Ministry of Industry and Trade shall preside over and cooperate with the Ministry of Finance
in detailing the list of articles specified in point d clause 1 of this Article;
Trang 2c) The Ministry of Health shall detail the articles specified in point l clause 1 of this Article and shall preside over and cooperate with the Ministry of Industry and Trade detailing the list of articles specified in point h clause 1 of this Article.”
3 Clause 2 Article 5 is amended as follows:
“2 Setting up the price stabilization fund for goods specified in point a clause 1 Article 3 of this Decree Such fund shall be used only for the stabilization of prices of such goods and services
Where it is necessary to adjust or supplement goods for which the price stabilization fund is set up, the Ministry of Finance shall preside over and cooperate with relevant ministries in consideration and decision."
4 Article 6 is amended as follows:
“Article 6 Price registration
1 During the time the State applies compulsory registration of stabilized prices for specific articles
on the list of goods and services subject to price stabilization, business organizations and/or
individuals shall register price from the day on which the competent authorities' decisions on application of price take effect and before the valuation and adjustment of price of goods and services by sending competent agencies the Price registration form Cases subject to price
registration:
a) Where the business organizations/individuals perform wholesale trade only, they shall register the wholesale price;
b) Where the business organizations/individuals perform both wholesale trade and retail trade, they shall register both wholesale price and retail price;
c) Where the business organizations/individuals are importers and exclusive distributors, they shall register the estimated wholesale price and retail price;
d) Where the business organizations/individuals are exclusive distributors, they shall register the wholesale price, retail price or estimated retail price Where the business organizations and/or individuals are general agents having the right to decide on the price and adjust the price, they shall register the wholesale price, retail price or estimated retail price Where the business organizations and/or individuals are agents having the right to decide on the price and adjust the price, they shall register the retail price;
dd) The registration of prices for normal table salt and rice shall be carried out by the organizations and/or individuals producing and/or trading such articles (excluding farmers and salt workers) Where the business organizations/individuals directly purchase table salt from salt workers and/or purchase rice from farmers, they must register the purchase price of salt and rice from the salt workers and the farmers
2 Competent authorities shall collect and review the Price registration form:
a) Central authorities:
- The Ministry of Finance shall collect and review the Price registration forms applicable to goods and services specified in points a, b, c, d, dd, e, g, i and k clause 1 Article 3 of this Decree In case
Trang 3of necessity, the Ministry of Finance shall make and send a photocopy of the Price registration form
to the Ministry of Industry and Trade or the Ministry of Agriculture and Rural development for cooperation in conducting review;
- The Ministry of Industry and Trade shall collect and review the Price registration forms applicable
to goods and services specified in point h clause 1 Article 3 of this Decree;
- The Ministry of Health shall receive and review the Price registration forms applicable to goods and services specified in point l clause 1 Article 3 of this Decree
b) Local authorities:
- The Service of Finance shall receive and review the Price registration forms applicable to goods and services specified in points a, b, c, d, dd, e, g, i and k clause 1 Article 3 of this Decree;
- The Service of Industry and Trade shall receive and review the Price registration forms applicable
to goods and services specified in point h clause 1 Article 3 of this Decree;
- The Department of Health shall receive and review the Price registration forms applicable to goods and services specified in point l clause 1 Article 3 of this Decree;
- People’s Committees of districts shall, in accordance with the instructions of People’s Committees
of provinces, collect and review Price registration forms applicable to goods and services specified
in clause 1 Article 3 of this Decree processed in local areas Regulatory bodies shall provide advices pertaining to goods and services registering price for People’s Committees of provinces and shall assign People’s Committees of districts to collect and review the forms
3 The Ministry of Finance shall prescribe a consistent Price registration form and procedures for receipt and review of Price registration forms Ministries and regulatory bodies compentent to collect and review the Price registration form specified in point a clause 2 of this Article shall announce the list of business organizations and individuals registering price at the central
government; People’s Committees of provinces shall announce the list of business organizations and individuals registering price at local governments, excluding business organizations and
individuals included in the foresaid list For preventive and curative medicines of human diseases
on the list of essential curative medicines specified in point l clause 1 Article 3 of this Decree, the price registration shall comply with the guidance of the Ministry of Health
4 Time limit for application of compulsory registration of stabilized prices for each article must not exceed 06 months
5 Other goods and services to which compulsory price registration is applied shall comply with regulations of that law.”
5 Point d clause 2, clause 3, point c clause 4 of Article 7 are amended as follows:
“2 The Ministry of Finance shall preside over and cooperate with relevant ministries and regulatory bodies to request the Government to decide, guide and conduct the following measures for price stabilization:
d) Registering price; determining specific price, maximum price, minimum price and price bracket for goods and services subject to price stabilization, excluding those specified in point h and l clause 1 Article 3 of this Decree;”
Trang 4““3 The Ministry of Agriculture and Rural development shall preside over and cooperate with relevant ministries and regulatory bodies to request the Government to decide, guide and conduct the following measures for price stabilization:
a) Regulating the demand and supply of domestic goods and exports and imports; goods between regions and localities in the country through goods trading; buying or selling goods reserves under its management as prescribed by law;
b) Controlling inventory; checking the quantity and amount of current goods under its management according to law.”
“4 The Ministry of Health shall preside over and cooperate with relevant ministries and regulatory bodies responsible for advising and requesting the Government to decide on, guide and conduct price stabilization for preventive and curative medicines of human diseases on the list of essential curative medicines specified in Point l clause 1 Article 3 of this Decree by the following price-stabilizing methods:
c) Registering price; determining specific price, maximum price, minimum price and/or price bracket.”
6 Clause 3a is added to Article 7 as follows:
“3a The Ministry of Industry and Trade shall preside over and cooperate with relevant ministries and regulatory bodies requesting the Government to decide on, guide and conduct the following measures for price stabilization:
a) Regulating the demand and supply of domestic goods and exports and imports; goods between regions and localities in the country through goods trading; buying or selling goods reserves under its management as prescribed by law;
b) Controlling inventory; checking the quantity and amount of current goods under its management according to applicable law;
c) Registering price; determining specific price, maximum price, minimum price, price bracket for goods and services subject to price stabilization as specified in point h clause 1 Article 3 of this Decree.”
7 Article 8 is amended as follows:
“Article 8 Power and responsibility for valuation
1 The Government and the Prime Minister shall evaluate goods and services according to clause 1 and clause 2 Article 22 of the Law on Pricing and the price of other goods and services under the regulations of relevant specialized law
2 Ministers shall evaluate goods and services as follows:
a) The Minister of Finance shall specify:
- Specific price for services of inspection of transport vehicles (including the service of registration
of vehicles and marine oil and gas development and transport works);
Trang 5- Price bracket for tap water; services of testing of medicines used for animals or plants; services of inoculation, decontamination and pasteurization for animals and veterinary examination;
- The price of public irrigation products and services; quarantine and preventive medicine services
at public medical facilities;
- Maximum purchase price and minimum selling price of goods of national reserve (excluding those serving national defense and security); limits of importing/exporting cost inside the national
stockpile and maximum exporting cost outside the national stockpile, cost of national-reserved goods;
- Maximum purchase price of products and public services and public career services on the lists promulgated by competent authorities using central government budget (excluding products and services under the valuation authority of other ministries and regulatory bodies and of People’s Committees of provinces) which are ordered or assigned by competent agencies;
- The maximum purchase price of goods and services ordered and/or assigned by the Prime
Minister using the central government budget;
- The minimum selling price of cigarette products which are domestically sold;
- The maximum or minimum price for the lease of state-owned property being infrastructural constructions serving national or public interests;
- The price bracket, maximum price or specific price for services in the field of stock exchange according to laws on securities, including services related to the security listing, trading,
information provision and bidding; services ralated to the registration, depository, clearing and payment of securities; services related to security trading, property supervision, bondholder
representation and clearing of security trading cost
b) The Minister of Industry and Trade shall specify:
- Specific price of electricity supply and electricity system ancillary services;
- Price bracket of eletricity generation and electricity sale;
- Minimum price of services of technical inspection of machinery, equipment, supplies and
substances with strict requirements for safety in the field of industry
c) The Minister of Agriculture and Rural development shall specify:
- Specific price of: public irrigation products and services under the management of the central government;
- Price bracket for forests, including production forests, protective forests and specialized forests under the public ownership represented by the State as owner
d) The Minister of Information and Communications shall specify the price of postal and
telecommunication products and services including the public postal and telecommunication
services according to laws on post and telecommunications
dd) The Minister of Health shall specify:
Trang 6- The price of medical examination and treatment according to laws on medical examination and treatment and health insurance;
- Specific price of medical and preventive medicine quarantine at public medical facilities covered
by the State budget; services of testing of specimens of drug, drug ingredients and finished drugs used for human covered by the state budget
e) The Minister of Transport shall specify:
- The price of products and public services in the field of management and maintenance of national railway, road and inland waterways in the method of State order or assignment using the central government budget;
- Specific price for aviation services including services of taking-off, landing; operation of inbound and outbound flights; flight operation support; passenger services; aviation security and price for operation of flight passing the flight notification area under the management of Vietnam;
- Maximum price of services using road traffic including highways, high-speed roadways, road construction projects for business; ferry services on highwayds invested by non-state budget
capitals under the management of the central government;
- Price bracket for ferry services on highways invested by the state budget under the management of the central government; port or station services (including services involving piers, wharves, mooring buoys and container loading and unloading and towage services in seaport area) under the management of the central government; services involving ports, stations (including ports, inland wharves; fishing ports) invested by the state budget capitals and managed by the central
government; navigator services (excluding public navigator services using the central government budget which are ordered or assigned by the State)
g) The Minister of Labor, War Invalids and Social Affairs shall specify the minimum price of services of technical inspection of machinery, equipment, supplies and substances subject to strict safety requirements
h) The Minister of National Defense shall specify:
- Prices of public products and services serving national defense and security produced and supplied under the orders, assignments or contractor appointments which are paid by the state budget;
- Prices of products and services serving national defense that by the Ministry of National Defense ordered from enterprises according to the Government’s plans and paid by the state budget; prices
of national reserves serving national defense
i) The Minister of Public Security shall specify:
- Prices of goods and services for political security and social order produced and supplied by security enterprises affiliated to the Ministry of Public Security under the order, assigned plan or contractor appointment of the Ministry which are paid by the State budget;
- Price of national reserve of political security and social order
k) The Minister of Natural Resources and Environment shall specify the prices of public products and services and public career services in the field of natural resources and environment under the
Trang 7order or assignment of the Ministry of Natural Resources and Environment covered by the state budget under the management of the Ministry;
l) Ministers shall regulate the specific price for the national reserves, public products and services and public career services, goods and services ordered or assigned by competent agencies with the use of the state budget within the management of Ministries, where maximum purchase price, minimum selling price; rental valuation, lease-purchase price of social houses and public houses constructed from the state budget; selling price or rental of houses owned by the State are specified
by the Ministry of Finance according to laws on housing; goods valuation and other services
according to specialized laws
3 People’s Councils of provinces shall specify the prices within the management of local
gocernemnts according to laws for healthcare services at state-owned medical facilities (excluding healthcare services covered by health insurance according to laws on health insurance) and send the decision on prices to the Ministry of Health and the Ministry of Finance to serve the State
management and public preschool education and compulsory education (in term of school fees)
4 People’s Committees of provinces shall specify:
a) Prices of different types of land;
b) Rental of land or water surface;
c) Prices of forests 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 invested by the state budget; selling price or rental of houses owned by the State as prescribed by law on housing;
dd) Price of tap water;
e) Leasing price of State property leased as infrastructure works invested from the local government budget;
g) Prices of public products and services and public career services, services under the order or assignment of the local government using local government budget according to laws;
h) Specific prices of public irrigation products and services under the management of local
governments; measuring and mapping services in cases where a competent authority allocates or leases out land or permits the transfer of use purpose of homestead land of which there is no
cadastral maps with coordianates; services involving the selling area at markets and parking
services invested by the state budget;
i) Maximum price of services involving roadway under the management of local governments for business; ferry services invested by non-state budget capitals, under the management of local governments; services involving the selling area at markets and parking services invested by non-state budget capital; domestic solid waste treatment services invested by the non-state budget; domestic waste collection and transport services invested by the state budget;
k) Price bracket for ferry services on highways invested by the state budget under the management
of the local governments; port or station services (including services involving piers, wharves, mooring buoys and container loading and unloading and towage services in seaport area) under the
Trang 8management of local governments; services involving ports, stations (including ports, inland
wharves; fishing ports) invested by the state budget capitals and managed by local government; l) Rate of price and freight subsidies on goods on the list of goods eligible for price and freight subsidies paid by local and central government budget; the rate of retailing price or price bracket of goods with price and freight subsidies; the price for the supply of essential goods and services on the list of goods eligible for price subsidies for people in mountainous, remote and isolated areas and islands;
m) Prices of other goods and services according to provisions of specialized laws
5 Heads of competent agencies and units shall specify the prices of goods and services whose price bracket, maximum and minimum prices are prescribed by this Decree and relevant law provisions
6 Where there are changes in valuation competence provided for in clauses 2, 3, 4 and 5 of this Article, the Minister of Finance shall report to the Government for consideration and decision.”
8 Points c and d clause 1 Article 9 are amended as follows:
“1 Submission and appraisal of price plan
c) For goods and services under the valuation competence of ministries, Ministers shall prescribe the submission and appraisal of price plan, decide the prices after receiving written suggestions of the Ministry of Finance and send the price decision to the Ministry of Finance for supervision For goods and services under the power to decide the price bracket, maximum price and minimum price
of the Ministry of Finance, ministries shall, within their own compentence, specify prices and report
to the Ministry of Finance for monitoring;
For goods and services within the power to evaluate of the Ministry of National Defense or the Ministry of Public Security, such ministries shall specify the submission and appraisal of price plan and make and send price decisions to the Ministry of Finance for monitoring; for national reserves for national defense and security, the Minister of National Defense and Minister of Public Security shall decide the purchase and selling prices after discussing with the Minister of Finance on
valuation rules;
d) People’s Committees of provinces shall be responsible for specifying the submission and
appraisal of price plans and price decisions for goods and services under their valuation
compentece Where an authority in charge of a sector/field or a business unit submits a price plan to People’s Committee of province for decision, it must obtain an appraisal opinion in writing from the Service of Finance The appraisal of land price and price plan shall comply with legislation on land.”
9 Clause 1 Article 15 is amended as follows:
“1 Goods and services subject to price declaration include:
a) Goods and services on the List of goods and services subject to price stabilization specified in Article 3 of this Decree during the period when the State does not apply the compulsory price registration;
b) Cement and constructional steel;
Trang 9c) Coal;
d) Feed for livestock, poultry and aquatic animals; veterinary drugs for disinfection, antisepsis and treatment for livestock, poultry and aquatic animals as precribed by the Ministry of Agriculture and Rural development;
dd) Printing and writing paper (rolls), newsprint which are domestically produced;
e) Services at sea ports;
g) Aviation services other than those on the list of services whose price brackets are specified by the state;
h) Fees of passenger transport by railway with hard or soft seat type;
i) Textbooks;
k) Services of domestic passenger transport by aircrafts on the list whose brackets are specified by the state;
l) Services of medical examination or treatment for human at private medical facilities; services of medical examination and treatment upon request at state-run medical facilities;
m) Fees of passenger transportation on fixed routes by roadway; fees of passenger transport by taxi; n) Supplementary foods for children under 06 years of age as prescribed by the Ministry of Health; o) Denatured etanol; liquefied natural gas (LNG); compressed natural gas (CNG);
p) Railway transport operating services;
q) Other goods and services as prescribed by specialized laws.”
10 Clauses 1, 2 and 4 Article 16 are amended as follows:
“1 Organizations and/or individuals producing or trading goods and/or services subject to price declaration shall declare prices by sending notification of prices to competent authorities before valuation and adjustment of price For declaration of price decrease, organizations and/or
individuals producing and/or trading goods and/or services shall immediately decrease the price and send the price declarations to competent authorities to notify the rate of the decrease Cases subject
to price declaration:
a) Organizations and/or individuals performing only wholesale trade shall declare the wholesale price;
b) Organizations and/or individuals perform both wholesale trade and retail trade shall declare both the wholesale price and retail price;
c) Where the business organizations and/or individuals are importers and exclusive distributors, they shall declare the estimated wholesale price and retail price (if any);
Trang 10d) Where the business organizations and/or individuals are exclusive distributors, they shall declare the wholesale price, retail price or estimated retail price Where the business organizations and/or individuals are general agents having the right to decide on the price and adjust the price, they shall declare the wholesale price, retail price or estimated retail price Where the business organizations and/or individuals are agents having the right to decide on the price and adjust the price, they shall declare the retail price.”
“2 Competent authorities shall receive price declarations:
a) Central authorities:
- The Ministry of Finance shall receive the price declarations of goods and services specified in points b, c, d, dd, e, h, i and o clause 1 Article 15 of this Decree;
- The Ministry of Industry and Trade shall receive price declarations of goods and services specified
in point n clause 1 Article 15 of this Decree;
- The Ministry of Transport shall receive price declarations of goods and services specified in points
g, k and p clause 1 Article 15 of this Decree;
- The Ministry of Health shall receive price declarations of goods and services specified in point l clause 1 Article 15 of this Decree
b) Local authorities:
- Services of Finance shall receive price declarations of goods and services specified in points b, c,
d, dd, e, h, i and o clause 1 Article 15 of this Decree;
- Services of Industry and Trade shall receive price declarations of goods and services specified in point n clause 1 Article 15 of this Decree;
- Services of Transport shall receive price declarations of goods and services specified in points g, k and m clause 1 Article 15 of this Decree;
- Services of Health shall receive price declarations of goods and services specified in point l clause
1 Article 15 of this Decree;
- People’s Committees of districts shall, in accordance with the direction of People’s Committees of provinces, receive price declarations of goods and services specified in points b, c, d, dd, e, g, h, i,
k, l, m, n and o clause 1 Article 15 of this Decree processed in local areas Services of Finance and regulatory bodies in charge of sectors shall provide advices pertaining to goods’ and services’ price declaration for People’s Committees of provinces and shall assign People’s Committees of districts
to receive the declarations
c) For goods and services declared as prescribed in point a clause 1 Article 15 of this Decree, competent authorities in charge of collecting and reviewing the price registration forms specified in clause 2 Article 6 of this Decree shall receive the price declarations.”
“4 The Ministry of Finance shall specify the forms and provide guidelines for receiving the price declarations Ministries and regulatory bodies competent to receive and review the price
declarations specified in point a clause 2 of this Article shall announce the list of business
organizations and individuals declaring at the central government; People’s Committees of