THE
GOVERNMENT |
SOCIALIST
REPUBLIC OF VIETNAM |
No. 85/2024/ND-CP |
Hanoi, July 10, 2024 |
ON ELABORATION OF A NUMBER OF ARTICLES OF THE PRICE LAW
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the Law on amendments to the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;
Pursuant to the Law on Prices dated June 19, 2023;
At the request of the Minister of Finance;
The Government hereby promulgates the Decree on elaboration of a number of articles of the Price Law.
This Decree elaborates a number of articles of the Price Law, including:
1. Clause 4 Article 17 on the procedures for adjusting the List of goods and services subject to price stabilization;
2. Clause 3 Article 20 on the organization of price stabilization activities;
3. Clause 6 Article 21 on the procedures for adjusting the List of goods and services priced by the State;
4. Clause 3 Article 24 on promulgation of documents on pricing or price adjustment;
5. Clause 6 Article 27 on organization of price negotiation;
6. Clause 8 Article 28 on price declaration;
7. Clause 2 Article 30 on goods and services subject to reference pricing, and the publication and application of reference prices;
8. Clause 2 Article 37 on coordination in performing tasks of price market data aggregation, analysis and forecasting;
9. Clause 5 Article 38 on development, management, update and data mining of the price database.
This Decree applies to organizations and individuals trading goods and services; consumers; regulatory agencies; and other organizations and individuals involved in price-related and price appraisal activities within the territory of Vietnam.
Article 3. Interpretation of terms
For the purposes of this Decree, the following terms are defined as follows:
1. Goods and services priced by a single-level authority refer to those in the List of goods and services priced by the State in Appendix 02 enclosed with the Price Law, in which one authority is authorized under Clause 3 Article 21 of the Price Law to set the prices of such goods and services.
2. Goods and services priced by two-level authorities refer to those in the List of goods and services priced by the State in Appendix 02 enclosed with the Price Law, in which two authorities are authorized under Clause 3 Article 21 of the Price Law to set the prices of such goods and services (one ministry or ministerial-level agency sets price frameworks, ceiling prices, or floor prices; and one ministry, ministerial-level agency, or the Province-level People’s Committee sets specific prices).
Where the same authority is assigned both levels of pricing responsibility, such authority shall concurrently set the price framework, ceiling or floor price, and specific prices as prescribed.
SPECIFIC PROVISIONS ON STATE PRICE MANAGEMENT AND REGULATION ACTIVITIES
Section 1. PRICE STABILIZATION
1. Ministries, ministerial-level agencies, and the Province-level People’s Committees shall assess the necessity of adjusting the List of goods and services subject to price stabilization based on the criteria specified in Clause 1 Article 17 of the Price Law and the following grounds:
a) Guidelines and policies of the Communist Party and the State on socio-economic development;
b) Requirements of state management of prices for goods and services in order to ensure socio-economic development, public welfare, business activities, or to respond to changes in the supply-demand relationship of such goods and services on the market;
c) Results of studies, reviews, and assessments of the current price management measures for the goods and services proposed for adjustment.
2. Based on the grounds specified in Clause 1 of this Article, when proposing an adjustment to the List of goods and services subject to price stabilization, ministries, ministerial-level agencies, and the Province-level People’s Committees shall carry out the following:
a) In case of proposing the inclusion of goods and services into the List of goods and services subject to price stabilization: summarize and evaluate supply-demand conditions, market price trends, and current price management measures for the proposed goods and services; assess the necessity of the adjustment in accordance with Clause 1 of this Article; evaluate the policy impacts of such inclusion to the List of goods and services subject to price stabilization; gather opinions from relevant agencies, organizations, and individuals; organize conferences, workshops, conduct research and consult international experience (if necessary);
b) In case of proposing the removal of goods and services from the List of goods and services subject to price stabilization: summarize and evaluate the implementation of price stabilization for the goods and services; assess supply-demand conditions and market price trends; assess the necessity of the adjustment of the List of goods and services subject to price stabilization in accordance with Clause 1 of this Article and propose substitute price management measures after removal from the List; evaluate the policy impacts of such removal; gather opinions from relevant agencies, organizations, and individuals; organize conferences, workshops, conduct research and consult international experience (if necessary);
c) In case the Province-level People’s Committee proposes an adjustment to the List of goods and services subject to price stabilization, it shall collect opinions from relevant agencies, organizations, individuals, and the ministry or ministerial-level agency managing such goods and services before submitting the proposal to the Ministry of Finance for consolidation.
3. Ministries, ministerial-level agencies, and the Province-level People’s Committees shall submit one original set of the proposal dossier for adjusting the List of goods and services subject to price stabilization to the Ministry of Finance for consolidation. The dossier shall include the following documents:
a) The official proposal for adjusting the List of goods and services subject to price stabilization:
In case of proposing inclusion, the document shall clearly state the name of the goods and services, the anticipated technical and economic characteristics, and propose the ministry or ministerial-level agency responsible for defining such characteristics and leading the implementation of price stabilization measures;
In case of proposing removal from the List of goods and services subject to price stabilization, the document shall clearly state the name of the goods and services and the substitute price management measures;
b) A summary report evaluating the contents as prescribed in Points a and b Clause 2 of this Article;
c) A report assessing the impact of the policy to add or remove goods and services from the List of goods and services subject to price stabilization;
d) A consolidated report explaining and responding to feedback;
dd) Other relevant supporting documents (if any).
4. Based on proposals submitted by ministries, ministerial-level agencies, and the Province-level People’s Committees, the Ministry of Finance shall take the lead and coordinate with relevant agencies to submit to the Government for further submission to the Standing Committee of the National Assembly for promulgation of a Resolution on the adjustment of the List of goods and services subject to price stabilization in accordance with the procedures set out in the Law on Promulgation of Legal Documents.
1. Ministries, ministerial-level agencies managing sectors and fields shall issue written proposals for price stabilization of goods and services under their management and submit them to the Ministry of Finance for consolidation and submission to the Government for approval of the price stabilization policy, following the contents and procedures below:
a) When ministries, ministerial-level agencies managing goods and services on the List of goods and services subject to price stabilization assess that price fluctuations in the market significantly affect socio-economic stability, production, business operations, and public welfare, and determine that price stabilization is necessary, they shall prepare a price stabilization report (including the contents specified in Point b of this Clause), together with an official document requesting the Government’s approval of the price stabilization policy (including the contents specified in Point c of this Clause), and submit them to the Ministry of Finance for consolidation;
b) The price stabilization report shall include the following information: legal grounds; the necessity of implementing price stabilization; analysis of the developments, causes, and trends of the market price level of goods and services that have risen excessively or fallen too sharply compared to the market price level during a specific previous period; the domestic and international supply and demand for such goods and services; influencing factors from domestic and international markets (if any); and other necessary information;
c) The official written request for the Government’s approval of the price stabilization policy made by ministries or ministerial-level agencies managing relevant sectors and fields shall include the following contents: the names of goods and services proposed for price stabilization; assignment of responsibilities for implementation and reporting of the results of the price stabilization to relevant agencies, organizations, and individuals; and other related contents;
d) Based on the proposals of ministries and ministerial-level agencies managing sectors and fields regarding goods and services on the List of goods and services subject to price stabilization, within a maximum of 10 working days from the date of receiving all required information as specified in Point a of this Clause, the Ministry of Finance shall consolidate and report to the Government for consideration and decision on the price stabilization policy. Where necessary, the Ministry of Finance may request relevant agencies and organizations to provide additional information to serve the consolidation and reporting to the Government for consideration and approval of the price stabilization policy. The time limit for the relevant agencies and organizations to provide such information shall not exceed 3 working days from the date of receipt of the request from the Ministry of Finance.
2. The Government shall decide on the price stabilization policy and assign the leading responsibility to ministries or ministerial-level agencies managing relevant sectors and fields to organize the implementation of price stabilization; assign coordinating responsibilities to other ministries, ministerial-level agencies, and the Province-level People’s Committees. The competence and responsibilities for implementing price stabilization shall comply with the provisions of Article 7 of this Decree.
3. Based on the Government’s price stabilization policy, the ministry or ministerial-level agency managing the relevant sector or field shall take the lead in implementation and provide guidance to the Province-level People’s Committees in applying one or more of the following methods to identify the cause of price fluctuations as a basis for selecting appropriate price stabilization measures, duration, and scope, including:
a) Verifying cost elements according to the provisions of Articles 31, 32, and 33 of the Price Law or requesting enterprises to report certain cost elements;
b) Monitoring inventories of goods held by organizations and individuals engaged in the trading of such goods and services;
c) Assessing the supply and demand of goods and services: assessing the current state of supply and demand on the market for such goods and services and analyzing the causes of supply - demand imbalances.
4. The ministry or ministerial-level agency managing the relevant sector or field shall issue a Decision on price stabilization, which shall include the following:
a) Names of goods and services for which the Government has decided to adopt price stabilization;
b) One or more price stabilization measures to be applied as prescribed in Article 19 of the Price Law;
c) The duration of the price stabilization measures;
d) The geographical scope where the price stabilization measures are to be applied;
dd) Assignment of responsibilities for implementation and reporting of price stabilization results to local authorities and relevant agencies, organizations, and individuals;
e) Other relevant contents.
5. The ministry or ministerial-level agency managing the relevant sector or field shall be responsible for:
a) Organizing the implementation, providing guidance, and regularly monitoring and inspecting the implementation of the Decision on price stabilization issued by itself, and promptly making adjustments in line with actual circumstances;
b) Organize the implementation, provide guidance, monitor, and inspect the implementation to ensure transparency in the management and use of the price stabilization fund for goods and services on the List of goods and services subject to price stabilization for which the Government has decided to establish a price stabilization fund;
c) Report to the Government on the results of price stabilization and simultaneously send a report to the Ministry of Finance for consolidation in accordance with regulations.
6. Based on the implementation of price stabilization and the assessment of price developments of goods and services in reality, the ministry or ministerial-level agency managing the sector or field may terminate price stabilization earlier than scheduled or extend the duration of price stabilization measures. At the same time, it shall report to the Government and send a report to the Ministry of Finance for consolidation in accordance with regulations. The document adjusting the duration of price stabilization measures issued by the ministry or ministerial-level agency shall be an administrative document.
7. Organizations and individuals trading goods and services shall be responsible for complying with the announced price stabilization measures and for declaring the initial price and re-declaring the prices of goods and services being applied in accordance with Article 17 of this Decree from the date on which the price stabilization measure takes effect.
1. Regarding nationwide price stabilization:
a) In the case of goods and services on the List of goods and services subject to price stabilization, the ministry or ministerial-level agency managing such goods and services shall assess the actual developments and the market price level of such goods and services; prepare a price stabilization report (including the contents specified in Point b Clause 1 Article 5 of this Decree), together with a written proposal for price stabilization (including the contents specified in Point c of this Clause) and send them to the Ministry of Finance for consolidation and submission to the Government for decision on the appropriate policy, measures, duration of price stabilization, and assignment of implementation. Where necessary, the Ministry of Finance may request relevant agencies and organizations to provide additional information to serve the consolidation and reporting to the Government;
b) In the case of goods and services not on the List of goods and services subject to price stabilization but requiring immediate price stabilization as specified in Point a Clause 2 Article 20 of the Price Law, the ministry or ministerial-level agency managing such sector or field shall assess the actual developments and market price level of such goods and services; prepare a price stabilization report (including the contents specified in Point b Clause 1 Article 5 of this Decree), together with a written proposal for price stabilization (including the contents specified in Point c of this Clause) and send them to the Ministry of Finance for consolidation and submission to the Government for further submission to the Standing Committee of the National Assembly for consideration and decision on the policy, measures, and duration of price stabilization. Based on the approval by the Standing Committee of the National Assembly, ministries, ministerial-level agencies, and the Province-level People’s Committees shall be responsible for implementation according to the Government’s assignment.
c) The official written proposal for price stabilization made by the ministry or ministerial-level agency managing the relevant sector or field shall include the following contents: names of the goods and services proposed for price stabilization; applicable price stabilization measures; duration of the price stabilization measures; scope of application; assignment of responsibilities for implementation and reporting of price stabilization results to relevant agencies, organizations, and individuals; and other related contents;
d) Based on the actual implementation of price stabilization and the assessment of developments in the prices of goods and services, the ministry or ministerial-level agency managing the relevant sector or field may propose early termination or extension of the duration of the price stabilization measures, and send such proposal to the Ministry of Finance for consolidation and submission to the Government for consideration and decision in the case of goods and services on the List of goods and services subject to price stabilization, or submission to the Government for further submission to the Standing Committee of the National Assembly for consideration and decision in the case of goods and services not on the List of goods and services subject to price stabilization.
2. Regarding price stabilization at the local level, which is applied when the market price level of goods and services on the List of goods and services subject to price stabilization fluctuates abnormally within the locality in accordance with Point b Clause 2 Article 20 of the Price Law:
a) The department managing the relevant sector or field shall assess the actual developments and market price level of goods and services within the locality to prepare a price stabilization report (including the contents specified in Point b Clause 1 Article 5 of this Decree), together with an official proposal for price stabilization (including the contents specified in Point b of this Clause), and send them to the Department of Finance for consolidation and submission to the Province-level People’s Committee for consideration and decision on the appropriate policy, measures, and duration of price stabilization and assignment of implementation. Where necessary, the Department of Finance may request relevant agencies and organizations to provide other information to serve the consolidation and reporting to the Province-level People’s Committee. Departments, agencies, and District-level People’s Committees shall be responsible for organizing implementation according to the assignment of the Province-level People’s Committee. The Province-level People’s Committee shall report to the Government on the results of price stabilization and simultaneously send a report to the Ministry of Finance for consolidation in accordance with regulations;
b) The official proposal for price stabilization from the department managing the relevant sector or field shall include the following contents: names of the goods and services proposed for price stabilization; applicable price stabilization measures; duration of the price stabilization measures; scope of application; assignment of responsibilities for implementation and reporting of price stabilization results to relevant agencies, organizations, and individuals; and other related contents;
c) Based on the actual implementation and assessment of price developments of goods and services, the department managing the relevant sector or field may propose early termination or extension of the duration of the price stabilization measures and send the proposal to the Department of Finance for consolidation and submission to the Province-level People’s Committee for decision. The document adjusting the duration of price stabilization measures issued by the Province-level People’s Committee shall be an administrative document.
3. Organizations and individuals trading goods and services shall be responsible for complying with the announced price stabilization measures and for declaring the initial price and re-declaring the prices of goods and services being applied in accordance with Article 17 of this Decree from the date on which the price stabilization measure takes effect.
Article 7. Competence and responsibilities for the implementation of price stabilization
1. Ministries and ministerial-level agencies managing goods and services shall define the economic and technical characteristics of goods and services on the List of goods and services subject to price stabilization; propose, advise, guide, and organize the implementation of price stabilization according to the Government’s assignment; and decide on the application of one or more price stabilization measures as specified in Clause 1 Article 19 of the Price Law within their competence for specific goods as follows:
a) The Ministry of Agriculture and Rural Development shall take the lead for paddy, ordinary rice; urea, DAP fertilizer, NPK fertilizer; animal feed, aquafeed; vaccines for livestock and poultry; and plant protection products;
b) The Ministry of Industry and Trade shall take the lead for refined petroleum products and liquefied petroleum gas (LPG);
c) The Ministry of Health shall take the lead for milk products for children under 6 years of age and essential medicines used in medical examination and treatment facilities;
d) The ministry or ministerial-level agency managing the relevant sector or field shall take the lead for goods and services newly added to the List of goods and services subject to price stabilization, and for goods and services not on the List but requiring immediate price stabilization under Point a Clause 2 Article 20 of the Price Law. In case the goods and services fall under the management of multiple ministries or ministerial-level agencies, the Government shall assign one of them to take the lead.
2. The Ministry of Finance shall take the lead and coordinate with other ministries and sectors in advising the Government on consideration and decision on the policy, measures, and duration of price stabilization in accordance with Article 20 of the Price Law.
3. The State Bank of Vietnam shall take the lead and coordinate with other ministries and sectors in advising the Government and organizing the implementation of monetary measures in accordance with the law to stabilize prices.
4. The Province-level People’s Committees, within their assigned functions, tasks, and powers, shall organize the implementation of price stabilization measures decided by the Standing Committee of the National Assembly, the Government, ministries, and ministerial-level agencies managing relevant sectors and fields; and decide on price stabilization measures within their competence as specified in Point b Clause 2 Article 20 of the Price Law as follows:
a) Regulating supply and demand of certain goods and services;
b) Financial measures in accordance with the law;
c) Determining specific prices, maximum prices, minimum prices, or price brackets appropriate to the nature of each type of goods and services; price determination for goods and services shall be carried out in accordance with the principles, grounds, and methods specified in Section 2 Chapter IV of the Price Law;
d) Applying price support measures in accordance with the law and treaties to which the Socialist Republic of Vietnam is a signatory.
Section 2. PRICE DETERMINATION
1. Ministries, ministerial-level agencies, and the Province-level People’s Committees shall assess the necessity of adjusting the List of goods and services priced by the State based on the criteria specified in Clause 1 Article 21 of the Price Law and the following grounds:
a) Guidelines and policies of the Communist Party and the State on socio-economic development;
b) Requirements of state management of prices for goods and services in order to ensure socio-economic development, public welfare, business activities, or to respond to changes in the supply-demand relationship of such goods and services on the market;
c) Results of studies, reviews, and assessments of the current price management measures for the goods and services proposed for adjustment.
2. Based on the grounds specified in Clause 1 of this Article, when proposing adjustments to the List of goods and services priced by the State, ministries, ministerial-level agencies, and the Province-level People’s Committees shall carry out the following:
a) In case of proposing the inclusion of goods and services into the List of goods and services priced by the State: summarize and evaluate supply-demand conditions, market price trends, and current price management measures for the proposed goods and services; assess the necessity of the adjustment as prescribed in Clause 1 of this Article; propose provisions on pricing authority, form of pricing, and pricing method application; evaluate the impact of the policy of adding goods and services to the List of goods and services priced by the State; collect opinions from relevant agencies, organizations, and individuals; organize conferences, workshops, conduct research and consult international experience (if necessary);
b) In case of proposing the removal of goods and services from the List of goods and services priced by the State: summarize and evaluate the implementation of state pricing for the goods and services; assess supply-demand conditions and market price trends of the goods and services; assess the necessity of the adjustment as prescribed in Clause 1 of this Article and propose substitute price management measures after removal; evaluate the impact of the policy of removing goods and services from the List of goods and services priced by the State; collect opinions from relevant agencies, organizations, and individuals; organize conferences, workshops, conduct research and consult international experience (if necessary).
3. Ministries, ministerial-level agencies, and the Province-level People’s Committees shall submit one original dossier proposing adjustments to the List of goods and services priced by the State to the Ministry of Finance for consolidation. The dossier shall include the following documents:
a) The official proposal for adjusting the List of goods and services subject to price stabilization.
In case of proposing inclusion, the document shall clearly state the name of the goods and services, anticipated economic-technical characteristics; proposed pricing authority, form of pricing, and application of pricing methods.
In case of proposing removal, the document shall clearly state the name of the goods and services and propose substitute price management measures;
b) A summary report evaluating the contents as prescribed in Points a and b Clause 2 of this Article;
c) A report assessing the impact of the policy of adding or removing goods and services from the List of goods and services priced by the State;
d) A consolidated report explaining and responding to feedback;
dd) Other relevant supporting documents (if any).
4. Based on the received dossier, the Ministry of Finance shall coordinate with ministries, ministerial-level agencies, the Province-level People’s Committees, and relevant agencies to submit to the Government for comments on the proposal to adjust the List of goods and services priced by the State.
5. If the Government decides not to adjust the List of goods and services priced by the State, the Ministry of Finance shall issue a written notice to the ministry, ministerial-level agency, or the Province-level People’s Committee that submitted the proposal.
6. If the Government agrees with the proposal to adjust the List of goods and services priced by the State, the Ministry of Finance shall take the lead and coordinate with relevant agencies to submit to the Government for further submission to the Standing Committee of the National Assembly for promulgation of a Resolution on the adjustment of the List of goods and services priced by the State, in accordance with the procedures set out in the Law on Promulgation of Legal Documents
Article 9. Development of pricing plans for goods and services
1. The development of pricing plans for goods and services priced by a single authority shall be regulated as follows:
a) For goods and services under the pricing authority of the Prime Minister: the Prime Minister shall assign the ministry or ministerial-level agency managing the sector or field to organize the selection and request the agency, unit, organization, or individual trading in goods or services to develop the pricing plan. The selection of the organization or individual shall comply with Clause 3 of this Article;
b) For goods and services funded by the state budget under the ordering method and under the ordering authority of a local agency or organization: the organization producing, trading, or supplying such goods and services shall develop the pricing plan;
c) For goods and services serving national defense and security missions under the ordering or task assignment method: the defense or security units or enterprises assigned to produce or supply the goods and services shall develop the pricing plan;
d) For national reserve goods under the defense and security sectors: in case of procurement, the organization or individual trading in goods and services, the national reserve unit, the unit directly managing the national reserve goods, or the organization assigned to procure the national reserve goods shall develop the pricing plan; in case of sale, the national reserve unit, the unit directly managing the national reserve goods, or the organization assigned to sell the national reserve goods shall develop the pricing plan;
dd) For goods and services priced by a single authority other than those specified in Points a, b, c, and d of this Clause: the competent pricing authority shall organize the selection and request the agency, unit, organization, or individual trading in such goods and services to develop the pricing plan. The selection shall comply with Clause 3 of this Article.
2. The development of pricing plans for goods and services priced by two authorities shall be regulated as follows:
a) For goods and services funded by the state budget under the ordering method and under the ordering authority of a central agency or organization: the organization producing, trading, or supplying such goods and services shall develop the pricing plan;
b) For national reserve goods procured by the direct contracting method (except for national reserve goods in the defense and security sectors): the organization or individual receiving the request for quotation under the law on bidding shall develop the pricing plan. For national reserve goods procured through open direct purchase: the regional national reserve department shall develop the pricing plan;
c) For national reserve goods sold by the designated sale method or open direct sale (except for national reserve goods in the defense and security sectors): the national reserve unit, the unit directly managing the national reserve goods, or the organization assigned to sell the national reserve goods shall develop the pricing plan. In cases where the goods are under the management of the Ministry of Finance, the regional national reserve department shall develop the pricing plan;
d) For other goods and services priced by two authorities not falling under Points a, b, and c of this Clause: the competent specific pricing authority shall organize the selection and request the agency, unit, organization, or individual trading in such goods and services to develop the pricing plan. The selection shall comply with Clause 3 of this Article.
3. The selection of organizations and individuals trading in goods and services under Points a and dd Clause 1, and Point d Clause 2 of this Article shall comply with the following principles:
a) The selection must be consistent with the pricing grounds and principles set out in the Price Law, the nature of the goods and services, the pricing objectives, and the pricing method;
b) Where the competent pricing authority sets a general price applicable to all organizations and individuals: If there are three or fewer organizations or individuals trading in such goods and services, all shall be required to develop pricing plans. If there are more than three, the number selected shall reflect market conditions based on revenue, market share, and other criteria related to the industry and field, but at least three organizations or individuals must be selected;
Where pricing is conducted for each
specific organization or individual:
each of them must develop a pricing plan.
c) If the Province-level People’s Committee is the pricing authority, selection shall be made from organizations and individuals operating within the province; if the Prime Minister, ministries, or ministerial-level agencies are the pricing authorities, selection shall be made nationwide;
d) The organizing authority must ensure objectivity, transparency, and shall be held accountable for the selection;
dd) Other organizations and individuals trading in such goods and services have the right to prepare and submit pricing plans to the competent pricing authority for review.
4. The pricing plan for goods and services shall be prepared using the form in Appendix II enclosed with this Decree and accompanied by the following documents:
a) A written request for price determination (or price adjustment) using Form No. 01 of Appendix I enclosed with this Decree;
b) For goods and services funded by the state budget under the ordering method: the pricing plan must be accompanied by the competent authority’s approval of the ordering method and cost estimate;
For national reserve goods: the pricing plan must be accompanied by the approved plan for open direct purchase or the approved procurement plan; a document on allocation of national reserve targets and the annual state budget estimate approved by the competent authority.
For sale of national reserve goods: the pricing plan must be accompanied by the approved plan for open direct sale or designated sale; approval of the unit designated to sell the goods (if any); and the national reserve allocation document.
c) Valid supporting documents (if any);
d) Other documents as prescribed by relevant laws on pricing methods or on management of goods and services under the jurisdiction of relevant ministries and sectors (if any).
5. Organizations and individuals responsible for developing the pricing plan must submit it to the pricing appraisal agency or unit within 30 days from the date of receiving the written request (based on postal stamp). In complex cases, they may submit a written request to extend the time (with specific explanation and justification) to the competent state agency; the extension shall not exceed 15 days.
Organizations and individuals must provide explanations if requested by the competent state agency to clarify contents in the pricing plan or the accompanying documents.
6. For goods and services where the pricing authority is the Province-level People’s Committee as prescribed in the Price Law, if there are no organizations or individuals trading in such goods or services within the province or centrally-run city, the Province-level People’s Committee shall not be required to carry out price determination.
Article 10. Appraisal of pricing plans
1. Appraisal of pricing plans means the evaluation of the pricing plan dossier to determine and propose a price level based on the principles, grounds, and pricing methods issued by the competent state authority, in accordance with the pricing form of the goods or services.
2. The organization of appraisal of pricing plans for goods and services priced by a single authority as specified in Clause 1 Article 9 of this Decree is regulated as follows:
a) For goods and services under the pricing authority of the Prime Minister: the Prime Minister shall assign ministries or ministerial-level agencies managing the sector or field to conduct the appraisal of the pricing plan;
b) For goods and services specified in Points b, c, d, and dd Clause 1 Article 9 of this Decree: ministries or ministerial-level agencies shall assign their affiliated authorities or units to conduct the appraisal; the Province-level People’s Committee shall assign affiliated specialized agencies or lower-level administrative authorities, depending on the management function and scope of the goods or services, to carry out the appraisal, ensuring compliance with the requirements of state price management at the local level and the Law on Organization of Local Government.
3. The organization of appraisal of pricing plans for goods and services priced by two authorities as specified in Clause 2 Article 9 of this Decree is regulated as follows:
a) For goods and services funded by the state budget under the ordering method and under the ordering authority of a ministry or ministerial-level agency: the ordering authority shall assign its affiliated authority or the unit assigned to carry out the order to conduct the appraisal. If the ordering authority is not the sector-managing ministry or agency, it must consult the ministry or agency managing the sector on the appraisal contents.
For goods and services funded by the state budget under the ordering method and under the ordering authority of a central organization: the central organization shall appraise the pricing plan and consult the ministry or ministerial-level agency managing the sector;
The ministry or ministerial-level agency managing the sector or field related to the ordered goods or services shall be responsible for providing comments on the contents of the price plan appraisal within no more than 10 days from the date of receipt of the dossier.
b) For national reserve goods as specified in Points b and c Clause 2 Article 9 (except for those under the defense and security sectors): the ministry or agency managing national reserves shall assign its affiliated reserve management authority or another affiliated authority (if no such reserve management authority exists) to conduct the appraisal;
c) For other goods and services as specified in Point d Clause 2 Article 9: The ministry or ministerial-level agency with specific pricing authority shall assign its affiliated agency or unit to appraise the price plan; the provincial People's Committee shall assign its specialized agency or subordinate administrative body, based on the functions and tasks related to the management of the relevant goods or services sector, or based on local jurisdiction, to appraise the price plan, ensuring compliance with the requirements of state management of prices at the local level and in accordance with the Law on Organization of Local Government.
4. The authority or unit assigned to appraise the pricing plan must issue a written appraisal opinion using the form in Appendix III enclosed with this Decree within a maximum of 30 days from the date of receiving a complete and valid dossier. In complicated cases, the appraisal period may be extended by a maximum of 30 additional days.
The appraisal authority may request the organization or individual developing the pricing plan to provide additional documentation and detailed explanations.
5. The appraisal authority is responsible for checking the completeness of the dossier submitted by the organization or individual preparing the pricing plan; carrying out the appraisal within its competence, and in accordance with the principles, grounds, pricing methods, and appraisal time as regulated in Clause 4 of this Article; being responsible for the proposed price level in accordance with the principles and pricing methods; and shall not be responsible for the content of documents previously approved or resolved by competent authorities in accordance with the law.
Article 11. Submission and issuance of pricing documents
1. For goods and services priced by a single authority, the submission and issuance of pricing documents are regulated as follows:
a) For goods and services under the pricing authority of the Prime Minister: the Prime Minister shall consider and issue pricing documents based on the dossier appraised and submitted by the relevant ministry or ministerial-level agency;
b) For national reserve goods under the defense and security sectors: the Ministry of National Defense or the Ministry of Public Security shall consider and issue pricing documents based on the pricing plan dossier submitted by the appraising authority, after obtaining consensus from the Ministry of Finance on the pricing principles under the Law on National Reserves;
c) For goods and services specified in Points b, c, and dd Clause 1 Article 9 of this Decree: the competent pricing authority shall consider and issue pricing documents based on the dossier submitted by the appraising authority;
d) The dossier submitted to the competent authority for issuance of pricing documents shall comply with Clause 4 of this Article.
2. For goods and services priced by two authorities, the submission and issuance of pricing documents are regulated as follows:
a) For goods and services funded by the state budget under the ordering method and under the ordering authority of a ministry or ministerial-level agency: The ministry or ministerial-level agency with ordering authority shall approve the result of the price plan appraisal after receiving written opinions from the ministry or ministerial-level agency in charge of the sector or field related to the goods or services, as prescribed in Point a Clause 3 Article 10 of this Decree; on that basis, the ministry or ministerial-level agency shall submit one original copy of the dossier as prescribed in Clause 3 of this Article to the Ministry of Finance.
For goods and services funded by the state budget under the ordering method and under the ordering authority of a central organization: the central organization shall approve the appraisal result after receiving written consent from the sector-managing ministry as stipulated in Point a Clause 3 Article 10 of this Decree, and then send one original dossier as prescribed in Clause 3 of this Article to the Ministry of Finance;
b) For other goods and services priced by two authorities: the competent specific pricing authority shall approve the appraisal result and send one original dossier as prescribed in Clause 3 of this Article to the authority responsible for setting the price bracket or maximum or minimum price;
c) The specific pricing authority shall be responsible for approving the appraisal result, ensuring compliance with pricing principles, grounds, and methods issued by competent state authorities; and shall explain and incorporate feedback from the authority setting the price bracket or maximum or minimum price if requested;
d) The authority setting the price bracket or maximum or minimum price shall issue the pricing document based on the dossier submitted by the specific pricing authority, in accordance with pricing principles, grounds, and methods issued by competent state authorities. The dossier submitted to the competent authority for issuance of pricing documents shall comply with Clause 4 of this Article.
Where a ministry or ministerial-level agency sets the price bracket or maximum or minimum price for the Province-level People’s Committees to determine specific prices, such ministry or agency may issue the pricing document after receiving proposals from at least two-thirds of the Province-level People’s Committees;
dd) After the issuance of the pricing document for the maximum price, price bracket, or minimum price, the specific pricing authority shall review the information and data in the pricing plan and issue a specific pricing document. The dossier submitted to the competent authority for issuance of pricing documents shall comply with Clause 4 of this Article. The issued pricing document shall be sent to notify the authority setting the price bracket or maximum or minimum price.
3. The dossier submitted by the authority responsible for specific pricing to the authority responsible for setting price brackets, maximum prices, or minimum prices as prescribed in Points a and b Clause 2 of this Article shall include the following components:
a) The document approving the result of the appraisal of the pricing plan and requesting price determination (or price adjustment) using Form No. 02 of Appendix I enclosed with this Decree;
b) The report on the appraisal of the pricing plan for goods and services; the report on explanation and incorporation of appraisal feedback (if any);
c) For goods and services funded by the state budget under the ordering method, the dossier shall include the document approving the ordering method issued by the competent authority and the estimated budget for ordering.
For national reserve goods: the pricing plan must be accompanied by the approved plan for open direct purchase or the approved procurement plan; a document on allocation of national reserve targets and the annual state budget estimate approved by the competent authority.
For sale of national reserve goods: the pricing plan must be accompanied by the approved plan for open direct sale or designated sale; approval of the unit designated to sell the goods (if any); and the national reserve allocation document.
d) Other dossiers and documents as required by the authority responsible for setting price brackets, maximum prices, or minimum prices;
dd) The authority responsible for setting price brackets, maximum prices, or minimum prices shall be entitled to request the authority responsible for specific pricing to supplement the dossier or provide explanations and clarifications on the contents of the dossier when necessary.
4. The competent pricing authority shall issue the pricing document within a maximum of 30 days from the date of receiving a complete and valid dossier. The dossier submitted to the competent authority for issuing the pricing document (or price adjustment document) shall include one original copy of the following documents:
a) A submission on the price determination (or adjustment) of goods and services; a draft of the pricing document (or price adjustment document) for goods and services;
b) The report on appraisal of the pricing plan; the report on explanation and incorporation of appraisal feedback (if any);
c) Other relevant dossiers and documents (if necessary).
5. Pricing documents and price adjustment documents issued by the Prime Minister, ministries, ministerial-level agencies, or the Province-level People’s Committees shall take the form of a notification or administrative decision depending on the nature of the pricing, specifically as follows:
a) In the case of issuance of pricing documents under Clause 1 of this Article: the pricing document shall be issued in the form of a Decision;
b) In the case of issuance of pricing documents under Clause 2 of this Article: the pricing document issued by the state authority responsible for setting price brackets, maximum prices, or minimum prices shall take the form of a Notification; the pricing document issued by the state authority responsible for specific pricing shall take the form of a Decision.
Article 12. Price adjustment for goods and services
1. The formulation of pricing plans in cases of price adjustment for goods and services subject to state pricing shall be carried out as follows:
a) The competent state pricing authority shall have the right to request organizations and individuals trading in goods and services to formulate pricing plans in accordance with Article 9 of this Decree for the purpose of price adjustment;
b) When pricing elements or domestic or international market prices fluctuate and affect the established price levels of goods and services, organizations and individuals trading in such goods and services shall be responsible for formulating pricing plans and submitting them to the competent pricing authority for consideration and price adjustment. When proposing price adjustments, such organizations and individuals shall submit the pricing plan along with dossiers and documents as prescribed in Clauses 4 and 5 Article 9 of this Decree to the competent state pricing authority.
In cases where only one or a few organizations or individuals propose price adjustments, the competent pricing authority may select and require other organizations or individuals engaged in the same goods or services to submit detailed cost element assessments or other dossiers and documents consistent with the pricing method to serve the appraisal of the pricing plan.
2. The procedures for appraising the pricing plan, submitting, and issuing the price adjustment document shall comply with the provisions of Articles 10 and 11 of this Decree.
In the case prescribed in Point d Clause 2 Article 9 of this Decree, if the authority responsible for specific pricing considers adjusting the price and the proposed price remains within the price bracket or is lower than the maximum price or higher than the minimum price already issued by the authority responsible for setting price brackets, maximum prices, or minimum prices, then the authority responsible for specific pricing is not required to follow the procedures specified in Clause 2 Article 11 of this Decree and may issue a specific pricing document based on the appraisal result, similar to goods and services subject to pricing by a single level. Once issued, the pricing document must be sent to notify the authority responsible for setting price brackets, maximum prices, or minimum prices.
3. If the proposal to adjust the price is deemed unreasonable, the competent pricing authority shall issue a written response stating the rejection of the price adjustment within a maximum of 30 days from the date of receipt of the dossier. If the proposal is deemed reasonable, the competent pricing authority shall consider and issue a pricing document in accordance with the procedures set out in this Decree.
Article 13. Organization of price negotiation
The procedures for organizing price negotiation shall be implemented in accordance with Article 27 of the Price Law and the guidelines provided in this Article:
1. Prior to price negotiation:
a) Each of the buyer and the seller shall submit one original copy of the written request for price negotiation either directly or via postal service or online public service (if available) to the price negotiation authority. The request shall include the following details: name of the goods or services; specifications and quality; quantity; proposed price; effective time of the price; payment conditions, along with explanatory notes justifying that the goods or services meet the criteria set forth in Article 25 of the Price Law and fall within the management scope of the price negotiation authority as prescribed in Clause 2 Article 26 of the Price Law. The written request shall follow Form No. 01 of Appendix IV enclosed with this Decree;
b) The price negotiation authority shall review the request within a maximum of 10 working days from the date of receipt (based on the arrival stamp or the online public service system);
If the request is compliant, the price negotiation authority shall notify the negotiation schedule and request the buyer and seller to appoint their legal representatives (or authorized persons) to attend the price negotiation meeting;
If the request is non-compliant, the price negotiation authority shall issue a written request for the parties to supplement information on the goods or services. The deadline for supplementation shall not exceed 15 working days (based on the arrival stamp or online submission time);
c) Within a maximum of 15 working days from the date of receipt of a valid request (based on the arrival stamp or online submission), the competent authority shall organize the price negotiation;
d) The buyer and seller have the right to withdraw the price negotiation request and negotiate the transaction price themselves prior to the organization of the price negotiation meeting.
2. During the price negotiation meeting:
a) Participants in the price negotiation shall include: the price negotiation authority as stipulated in Clause 2, Article 26 of the Law on Prices; the legal representative of the buyer (or a person authorized to exercise the rights and obligations of the legal representative of the buyer); and the legal representative of the seller (or a person authorized to exercise the rights and obligations of the legal representative of the seller);
b) The price negotiation authority shall present the negotiation content and the proposed purchase and sale prices submitted by the parties for their mutual negotiation;
c) If the parties reach a mutual agreement on the price, the price negotiation authority shall prepare a written record using Form No. 02 of Appendix IV enclosed with this Decree, signed by the representatives of all parties as specified in Point a of this Clause to document the outcome of the negotiation. The agreed price shall be applied by both parties as prescribed in Clause 4 Article 27 of the Price Law;
d) If the parties fail to reach an agreement and do not request the price negotiation authority to determine the price, the authority shall prepare a confirmation record using Form No. 02 of Appendix IV enclosed with this Decree, signed by the representatives of the negotiating parties as specified in Point a of this Clause;
dd) If the parties fail to reach an agreement and request the price negotiation authority to determine a price for both parties to implement as per Clause 5 Article 27 of the Price Law, the authority shall prepare a confirmation record using Form No. 02 of Appendix IV enclosed with this Decree, signed by the representatives of the negotiating parties as specified in Point a of this Clause.
3. The price negotiation authority shall determine the price of goods or services in cases as prescribed in Clause 5 Article 27 of the Price Law based on the pricing methods stipulated in Article 23 of the Price Law or the Vietnamese Valuation Standards specified in Article 42 of the Price Law. If hiring a consulting organization is necessary for price determination, the price negotiation authority shall issue a written notice to the buyer and seller to proceed with the procedures for hiring a consultant in accordance with Clause 4 of this Article. The cost of hiring the consulting organization shall be shared by the buyer and the seller.
4. Hiring a consulting organization to determine the price shall be carried out as follows:
a) The buyer and seller shall directly sign a contract with the consulting organization and pay the service fees according to the rate and timeline requested by the organization;
b) The selection of the consulting organization shall be agreed upon by the buyer and seller;
If the buyer and seller cannot agree on the selection, they may request the price negotiation authority to choose one. After selecting the consulting organization to determine the price level, the price negotiation authority shall notify the buyer and the seller so that the buyer and the seller may directly proceed with the procedures for entering into the consultancy contract as prescribed at Point a of this Clause.
c) Upon finalizing the pricing result, the consulting organization shall immediately send the result to the price negotiation authority and simultaneously to the buyer and the seller.
5. The seller shall be responsible for providing the proposed sale price plan and other necessary information to the price negotiation authority to facilitate the organization’s price determination process as prescribed in Clause 3 of this Article.
a) The status of production, consumption, import and export, and the supply and demand of the goods or services;
b) Proposed selling price; analysis of the proposed selling price: comparison with similar goods and services on the market; pricing bases; detailed table of price-determining factors, explanatory breakdown of the pricing structure (including comparative analysis with the pricing structure prior to the price negotiation request; specifying the reasons for any increase or decrease); analysis of the impact of the proposed selling price on production and business performance, employees' income, and the fulfillment of obligations to the state budget;
c) Issues on which the seller and buyer have not reached agreement and the seller's arguments regarding such issues;
d) Other relevant information as required by the price negotiation authority.
6. The buyer shall be responsible for providing the proposed purchase price plan and other necessary information to the price negotiation authority to facilitate the determination of the goods or services price under Clause 3 of this Article as follows:
a) Proposed purchase price;
b) Comparison with similar goods and services on the market;
c) Analysis of the impact of the proposed purchase price on business performance, fulfillment of obligations to the state budget, and consumer affordability;
d) Issues on which the buyer and seller have not reached agreement and the buyer’s arguments regarding such issues;
dd) Other relevant information as required by the price negotiation authority.
7. The price negotiation authority has the right to refuse to determine the price of goods and services if the necessary conditions for price determination as stipulated in Clauses 3, 4, 5, and 6 of this Article are not met, or if the submitted documentation is incomplete or insufficient to support the price determination process.
Article 14. Goods and services subject to price declaration
1. The list of goods and services subject to price declaration is specified in Appendix V enclosed with this Decree.
2. Based on the needs of price monitoring, analysis, and forecasting, and state management requirements, ministries or ministerial-level agencies managing specific sectors shall define the economic-technical characteristics of goods and services subject to price declaration under Point d Clause 2 Article 28 of the Price Law, in accordance with their assignments in Appendix V of this Decree.
3. The Province-level People’s Committees shall define the economic-technical characteristics of specific goods and services subject to price declaration in their localities in accordance with their assignments in Appendix V of this Decree, and based on the state price management needs of their respective localities (if any).
1. Where an adjustment to the list of goods and services subject to price declaration under the competence of the Government (as specified in Point d Clause 2 Article 28 of the Price Law) is necessary, the relevant ministries, ministerial-level agencies, or Province-level People’s Committees shall perform the following tasks:
a) In case of proposing the addition of goods or services to the List: summarize and assess the supply-demand conditions, market price developments, and current price management measures for such goods and services; assess the necessity of the adjustment in accordance with Clause 2 of this Article; assess the policy impacts of such addition; collect opinions from relevant agencies, organizations, and individuals; organize consultation conferences or workshops, conduct studies, and refer to international experiences (if necessary);
b) In case of proposing the removal of goods or services from the List: summarize and assess the implementation of price declaration for such goods or services; assess supply-demand conditions and market price developments; assess the necessity of the adjustment in accordance with Clause 2 of this Article; assess the policy impacts of such removal; propose alternative price management measures after removal; collect opinions from relevant agencies, organizations, and individuals; organize consultation conferences or workshops, conduct studies, and refer to international experiences (if necessary);
c) In case the Province-level People’s Committee proposes an adjustment, it shall collect opinions from relevant agencies, organizations, individuals, and the ministry or ministerial-level agency managing such goods and services before submitting the proposal to the Ministry of Finance for consolidation.
2. Ministries, ministerial-level agencies, and Province-level People’s Committees shall assess the necessity of the adjustment based on the criteria for essential goods and services prescribed in Clause 3 Article 4 of the Price Law and the following grounds:
a) Guidelines and policies of the Communist Party and the State on socio-economic development;
b) Requirements in the state management of prices of goods and services by ministries, ministerial-level agencies, and provincial-level People’s Committees necessitate adjustments to the List of goods and services subject to price declaration in order to serve the aggregation, analysis, and forecasting of market prices, or to align with changes in the supply-demand relationship of such goods and services in the market.
c) Results of studies, reviews, and assessments of the current price management measures for the goods and services proposed for adjustment.
3. Ministries, ministerial-level agencies, and Province-level People’s Committees shall submit one original copy of the proposal dossier for adjusting the List of goods and services subject to price declaration to the Ministry of Finance for consolidation. The dossier shall include the following documents:
a) A written request for adjustment of the List of goods and services subject to price declaration:
In case of proposing the inclusion of goods or services in the List: the document shall clearly state the name of the goods or services, their anticipated economic-technical characteristics; and propose the competent authority to define such characteristics and designate the receiving agency for price declaration;
In case of proposing removal: the document shall clearly state the name of the goods or services and propose alternative price management measures after removal;
b) A summary report evaluating the contents as prescribed in Points a and b Clause 1 of this Article;
c) Impact assessment report on the policy of adding or removing goods and services from the List of goods and services subject to price declaration;
d) A consolidated report explaining and responding to feedback;
dd) Other relevant supporting documents (if any).
4. Based on proposals from ministries, ministerial-level agencies, and Province-level People’s Committees, the Ministry of Finance shall take the lead and coordinate with relevant agencies to submit to the Government for consideration and issuance of a Decree adjusting the List of goods and services subject to price declaration, in accordance with the procedures set out in the Law on Promulgation of Legal Documents.
Article 16. Receiving authorities and entities subject to price declaration
1. Ministries, ministerial-level agencies, and the Province-level People’s Committees shall assign specialized agencies, affiliated professional units by sector, or local administrative authorities to receive price declaration documents for goods and services as prescribed in Appendix V enclosed with this Decree.
2. The issuance of the List of business entities subject to price declaration (hereinafter referred to as the "Price Declaration List") shall be implemented as follows:
a) Ministries, ministerial-level agencies, and Province-level People’s Committees shall assign a specialized unit to take the lead and coordinate with relevant departments to comprehensively review and advise on issuing the Price Declaration List under their receiving authority, within the time limit specified in Point b of this Clause. The Price Declaration List shall include company names, enterprise codes, and branch codes (if any).
b) Ministries, ministerial-level agencies shall issue the consolidated annual Price Declaration List before January 1 of each year; the Province-level People’s Committees shall issue their consolidated Price Declaration List before February 15 of each year. In cases where it is necessary to adjust the Price Declaration List during the year, ministries, ministerial-level agencies, and the Province-level People’s Committees shall review and issue a supplementary Price Declaration List. If no adjustment is required during the annual review, no new Price Declaration List needs to be issued;
c) Ministries, ministerial-level agencies, and Province-level People’s Committees are responsible for publishing the consolidated annual Price Declaration List and any supplementary Price Declaration List on the official portals of the respective ministry, agency, or People’s Committee within a maximum of 05 days from the issuance date of the List; at the same time, they must notify relevant agencies and organizations and send it to the Ministry of Finance for updating in the National Price Database;
d) Ministries and ministerial-level agencies shall review and select business entities to be included in their respective Price Declaration Lists from the following categories: State economic groups; General Corporations; Joint-stock companies or limited liability companies with a production and business network capable of influencing the formation and movement of prices on a national scale; enterprises holding monopolies; enterprises or groups of enterprises in dominant market positions as defined by the Law on Competition.
Regarding medical examination and treatment services: The Ministry of Health shall receive price declarations for on-demand medical examination and treatment services from its affiliated medical establishments and from Special-class and Class I hospitals managed by ministries and sectors.
dd) Province-level People’s Committees shall review and select business entities for inclusion in the local Price Declaration List, for those enterprises headquartered in the province that are not already listed in the Price Declaration Lists issued by ministries or ministerial-level agencies. The selection shall be based on the needs of market price monitoring, analysis, forecasting, and state price management at the local level.
Regarding medical examination and treatment services: Province-level People’s Committees shall receive price declarations from public medical facilities under their management (except those declaring prices with the Ministry of Health) and from private healthcare establishments within their jurisdiction.
Article 17. Methods of submission and receipt of price declarations
1. Business entities subject to price declaration shall submit their price declaration documents to the competent receiving agency as specified in Article 16 of this Decree within a maximum of 05 working days from the date the price is determined. In specific:
a) In case the business entity only engages in wholesale activities, it shall declare the wholesale price; in case the entity only engages in retail activities, it shall declare the retail price;
b) In case the business entity engages in both wholesale and retail activities, it shall declare both wholesale and retail prices;
c) In case the business entity is an importer and also an exclusive distributor, it shall declare the wholesale and retail prices (if applicable);
d) In case the business entity is an exclusive distributor, it shall declare both wholesale and retail prices; if the general agent has the authority to set and adjust prices, it shall declare both wholesale and retail prices; if the agent has the authority to set and adjust prices, it shall declare the retail price.
2. Methods of receiving price declarations include:
a) Online submissions via software using one of the following: via online public service portals; via the price database software; other forms of online submission approved by competent authorities in accordance with legal regulations;
b) Other methods: in-person submission at the receiving agency; submission by post (based on the date of receipt stamp); submission of electronic documents via email.
3. The receiving agency shall choose the most appropriate form of receipt from those listed in Clause 2 of this Article, ensuring it facilitates ease for the declaring organizations or individuals.
If online software systems are available, this method shall be prioritized. If a technical failure prevents online submission, the business entity may submit by the alternative methods listed in Point b, Clause 2, and must subsequently resubmit via the online method once functionality is restored.
4. The receiving agency shall be responsible for linking and updating the declared goods and service price information in the National Price Database according to Point a Clause 2 of this Article.
5. Price declaration documents shall be prepared according to the form provided in Appendix VI enclosed with this Decree.
1. Ministries, ministerial-level agencies, and Province-level People’s Committees shall:
a) Organize receipt of price declarations using a form appropriate to Clause 2 Article 17 of this Decree;
b) Update declared price information into the price database;
c) Use declared prices in compiling, analyzing, and forecasting market prices as prescribed;
d) Have the right to request organizations to supplement incomplete declaration content in accordance with this Decree;
dd) Organize inspections on compliance with price declaration laws according to their management authority specified in Article 16 of this Decree and state price management authority under the Price Law.
2. Business entities subject to price declaration shall:
a) Submit price declarations in the manner guided by the receiving agency, as per Clause 2 and Clause 3 of Article 17 of this Decree;
b) Be responsible before the law for the accuracy, truthfulness, rationality, and legality of their documents, materials, and declared price data, ensuring consistency with cost fluctuations and market price levels; comply with requests for reports on declared prices from the receiving agency for the purposes of price stabilization, state price management, and inspection or audit of prices; comply with inspections (including cost element inspections) and audits by competent regulatory agencies (if any).
Article 19. Reference prices for imported coal
1. The reference price for imported coal shall be announced based on the import price of coal declared by organizations and individuals importing coal into Vietnam on the customs declaration form.
2. The reference price for imported coal shall be announced monthly by the Ministry of Finance in accordance with Appendix VII issued together with this Decree for agencies, organizations, and individuals to consult, refer to, and use as a basis for negotiating and determining domestic coal prices.
3. By the 15th day of each month, based on the information declared by coal importers on the customs declaration of the preceding month, the Ministry of Finance shall announce information including: type of imported coal, date of customs declaration registration, unit price of imported coal (including all costs to deliver the coal from the exporting country to the port in Vietnam), country/territory of origin of the imported coal, along with a description of the goods.
COORDINATION IN COMPILATION, ANALYSIS, AND FORECASTING OF MARKET PRICES
Article 20. Principles for coordination in compilation, analysis, and forecasting of market prices
1. Ensure regular, continuous, timely, and effective information sharing.
2. Ensure proper advisory support for the Government and the Prime Minister in issuing price management and regulation measures over time in alignment with inflation control goals.
1. Coordination contents:
a) Providing and sharing price information on goods and services, mechanisms, policies, and measures for price management and regulation; and activities related to market price data collection;
b) Conducting analysis and evaluation of information; forecasting market prices of goods and services; evaluating and making recommendations regarding inflation control goals and proposing management and regulatory measures to achieve those goals;
c) Preparing price reports to serve the direction and regulation of the Government, the Prime Minister, the Prime Minister's Price Management Steering Committee, and related ministries and sectors;
d) Summarizing, evaluating, and sharing experiences in market price compilation, analysis, and forecasting; cooperating internationally in such work.
2. Coordination methods may be selected based on the specific contents and conditions, and may include one or more of the following:
a) Coordination through official correspondence; organization of meetings, conferences, and seminars; field surveys;
b) Joint drafting and distribution of informational materials and publications;
c) Coordination through the activities of the Prime Minister’s Price Management Steering Committee. The Committee is established by decision of the Prime Minister, who may act as its Head or assign a Deputy Prime Minister. Its members shall include leaders of ministries and agencies, with the Ministry of Finance acting as the standing body.
1. The Ministry of Finance shall take the lead in compiling, analyzing, and forecasting market prices. It shall provide and share reports on local market price conditions; price data in the National Price Database as prescribed; and fiscal policy-related information. It shall coordinate with the State Bank of Vietnam to ensure synchronized implementation of fiscal and monetary policies aimed at inflation control; coordinate with the Ministry of Planning and Investment on macroeconomic management; and participate in price regulation activities within the scope of other ministries and sectors.
2. The State Bank of Vietnam shall provide information on the implementation of monetary policy, the foreign exchange market (particularly the US dollar); annual inflation targets; analyses of core inflation trends; and shall coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and other relevant ministries and agencies in researching and proposing price management and regulatory measures.
3. The Ministry of Planning and Investment shall publish the Consumer Price Index (CPI). It shall provide information on domestic and international macroeconomic conditions; general price trends and CPI analysis; forecasts of domestic and global economic conditions; and propose solutions for macroeconomic stability and inflation control. It shall also share with the Ministry of Finance and the State Bank of Vietnam the weighting coefficients of key goods and service groups used in the computation of the CPI, Producer Price Index (PPI), Import-Export Price Index, and other national indicator systems.
4. Ministries and ministerial-level agencies managing sectors and fields shall compile, analyze, and forecast market prices for goods and services under their management. They shall provide information on policies, implementation of price management and regulation, and other relevant data including: supply-demand trends, domestic and international price movements of goods in the Price Stabilization List, State-priced goods and services, goods and services subject to price declaration, and other essential goods and services within their fields. Specifically:
a) The Ministry of Industry and Trade shall provide information on export-import management, trade balance, domestic and international market conditions, production status, price trends, and the management and regulation of prices for gasoline, electricity, coal, liquefied petroleum gas (LPG), steel; and the management of public service prices within its jurisdiction;
b) The Ministry of Agriculture and Rural Development shall provide information on overall supply, production status, price management, and price trends of rice, food, live pigs, pork, animal feed, and key agricultural inputs; and management of public service prices within its jurisdiction;
c) The Ministry of Transport shall provide information on the management, regulation, and price trends of domestic air passenger transport services, seaport services, and road passenger transport services; and management of public service prices within its jurisdiction;
d) The Ministry of Health shall provide information on market price trends of medicines for human treatment and prevention; trends and implementation of service price roadmaps at public health facilities; management of drug price declaration and price declaration of medical equipment; and public service price management in the health sector.
dd) The Ministry of Education and Training shall provide information on the management and regulation of prices and price developments for educational and training services (tuition fees), textbooks, and the management of prices for public service activities within its jurisdiction.
e) The Ministry of Labor, War Invalids and Social Affairs shall provide information on the management and regulation of prices for vocational education services (excluding intermediate and college-level pedagogical training); technical inspection services for machinery, equipment, supplies, and substances subject to strict occupational safety requirements; brokerage services under contracts for sending Vietnamese workers abroad; and services related to dispatching workers overseas. It shall also provide information on the management of public service prices within its jurisdiction.
g) The Ministry of Natural Resources and Environment shall provide information on the management and regulation of land prices and public service prices within its jurisdiction.
h) The Ministry of Construction shall provide information on the market situation and price trends of cement and essential construction materials, as well as the management of public service prices under its jurisdiction; and provide information on the real estate market, including buying, selling, leasing, and social housing for rent or sale in accordance with housing and real estate business laws.
i) The Ministry of Information and Communications shall provide information on the management and regulation of prices and market conditions and price trends for postal and telecommunications services; and on the management of public service prices within its jurisdiction. It shall take the lead in coordinating with the Ministry of Finance, the Ministry of Planning and Investment, and other relevant ministries and sectors in conducting public communication and dissemination of price management and regulation policies.
5. Based on their functions, tasks, and areas of authority, ministries and sectors shall be responsible for compiling and analyzing information, forecasting prices, and proposing management and regulatory solutions within their management domains:
a) The Ministry of Finance, acting as the Standing Body of the Prime Minister’s Price Management Steering Committee, shall be responsible for preparing consolidated reports on the results and strategic orientations of price management, on either a regular or ad-hoc basis, for submission to the Prime Minister and Head of the Steering Committee, based on the compilation, analysis, and forecasting of market prices and reports collected from relevant ministries, sectors, and localities;
b) Ministries and sectors shall prepare reports on the results and orientations of price management, on either a regular or ad-hoc basis, based on their compilation, analysis, and forecasting of market prices within their jurisdiction, to be submitted directly to the Government or the Prime Minister when requested, or to the Ministry of Finance for consolidation and submission to the Head of the Steering Committee;
c) Compilation, analysis, and forecasting of market prices shall follow the regulations of the Ministry of Finance;
d) On an annual basis, the Ministry of Finance shall take the lead and coordinate with other ministries and sectors to summarize, evaluate, and share best practices in price data compilation, analysis, and forecasting. It shall also promote international cooperation, develop plans for domestic and international surveys and research to improve the effectiveness of price data management and forecasting, serving the goals of inflation control and macroeconomic stability.
Article 23. Development of the price database
1. The price database is a collection of information and data on the prices of goods and services in electronic format, standardized, digitized, stored, managed, arranged, organized, and accessed electronically in accordance with the Price Law, this Decree, and other relevant legal documents.
2. The National Price Database shall be developed and centrally managed by the Ministry of Finance. Provincial-level price databases (if any) shall be developed and uniformly managed by the People’s Committees of provinces and must be connected to the National Price Database. Other databases containing information on the prices of goods and services are encouraged to connect to and share information with the price database.
3. The development of the price database must conform to the national information system architecture, comply with database standards and technical specifications, information technology standards, and economic-technical norms; ensure strict, safe, stable, and seamless operation; and enable effective coordination and information sharing regarding prices of goods and services.
4. Investment in the development, maintenance, updating, connection, and sharing of data with the price database shall comply with the Law on State Budget, the Law on Public Investment, this Decree, and other relevant legal regulations.
5. Data connection and sharing:
a) The connection and sharing of information and data between the price database and other databases for the purpose of state management shall comply with legal regulations;
b) Ministries, sectors, and localities shall standardize relevant data from their respective databases for integration into the price database in accordance with this Decree.
Article 24. Management of the price database
1. The Ministry of Finance shall centrally manage the National Price Database and may assign its subordinate specialized units to organize and operate the entire system of the National Price Database.
2. The Province-level People’s Committees shall manage the price database at the local level and may assign subordinate agencies or units to organize and operate the entire system of the local price database.
3. Based on their functions, tasks, and organizational structure, agencies and units assigned to manage and operate the price database as prescribed in Clauses 1 and 2 of this Article shall designate specialized subordinate units or public service delivery units to implement specific activities related to the price database.
4. Information and data shall be regularly and fully updated and maintained; transparency in information and data on prices must be enhanced in accordance with legal regulations. Agencies, organizations, and individuals shall use the information and data from the price database for the correct purposes and in accordance with the nature and requirements of their tasks, and shall be held responsible for the use and citation of such information and data.
5. The operation, maintenance, and upgrading of the price database must ensure data security:
a) Back up information and data, handle incidents, and recover data;
b) Maintain, repair, and upgrade hardware and software;
c) Monitor, inspect, promptly detect and prevent unauthorized access to the system;
d) Implement mechanisms to log any creation or modification of information and data.
6. The agency assigned to manage the price database as prescribed in Clauses 1 and 2 of this Article shall implement and issue regulations on the operation, management, and exploitation of information and data from the price database.
Article 25. Updating information and data into the price database
1. The following information and data shall be updated into the National Price Database:
a) Prices of goods and services set by the State, as issued by competent authorities;
b) Lists of business entities required to declare prices and the declared prices of goods and services collected by ministries, ministerial-level agencies, and Province-level People’s Committees, connected from local price databases or public service software;
c) Periodic market price reports from localities, in accordance with the regulations of the Ministry of Finance;
d) Customs values of export and import goods as managed by the General Department of Customs, according to a list approved by the Ministry of Finance, to be collected, synchronized, and converted for integration into the National Price Database;
dd) Information on valuation enterprises (name, head office address, branches, enterprise registration certificate, certificate of eligibility for valuation service business, legal representative); information on price appraisers (full name, appraiser card number, practicing information); information on card revocation or suspension; information on suspension or revocation of certificates of eligibility for valuation service business; information on valuation training and refresher institutions (name, address); and inspection, supervision, and violation handling information regarding valuation activities (decision number, issuance date, issuing authority, subject, type of inspection, implementation time);
e) Periodic reports on valuation enterprise activities as required by the Ministry of Finance;
g) Valuation certificates as prescribed in Clause 5 Article 55 of the Price Law;
h) Valuation results issued by valuation councils established by competent central and local state authorities;
i) Other price-related information on goods and services collected or purchased by the managing authority of the National Price Database in accordance with Ministry of Finance regulations.
2. The following information and data shall be updated into the local price database:
a) Market price reports by the Province-level People’s Committees, in accordance with Ministry of Finance regulations;
b) Registration fees issued by the Province-level People’s Committees as prescribed by law;
c) Prices of goods and services within the pricing authority of the Province-level People’s Committees;
d) Lists of business entities required to declare prices and the declared prices of goods and services in the respective province;
dd) Valuation results issued by valuation councils established locally;
e) Other prices of goods and services as regulated by the Province-level People’s Committees.
3. Responsibilities for updating data into the price database:
a) The Ministry of Finance is responsible for updating the information and data specified in Points a, b, c, d, dd, h, and i of Clause 1 of this Article into the National Price Database within the scope of its assigned authority;
b) Ministries and ministerial-level agencies are responsible for updating the information and data specified in Points a, b, and h of Clause 1 of this Article within the scope of their assigned authority;
c) Provincial-level People’s Committees shall be responsible for organizing the update of information and data as stipulated in Clause 2 of this Article into the local price database, and concurrently updating it into the National Price Database either by connecting and sharing data from the local price database to the National Price Database, or by directly entering information and data via account-based access into the National Price Database system;
d) Valuation enterprises are responsible for updating the information and data specified in Points e and g of Clause 1 of this Article into the National Price Database.
4. Based on actual conditions and implementation capability, data may be uploaded to the price database through one of the following methods:
a) Direct data entry via the price database software interface;
b) Uploading data using Excel spreadsheets based on templates exported from the price database;
c) Uploading data using MDB format files (database files with table and field structures) exported from the price database;
d) Automatic updates via electronic data connection and sharing from other databases and information systems of ministries, sectors, and localities to the National Price Database.
5. Data update timelines for the National Price Database:
a) Monthly updates (no later than the 5th day of each month) for the data specified in Points a, b, d, h, and i of Clause 1, and Points a and e of Clause 2 of this Article;
b) Quarterly updates for the data specified in Point c of Clause 1;
c) Ongoing updates (within a maximum of 7 days from the effective date of relevant documents/decisions) for the data specified in Points dd, e, g of Clause 1, and Points b, c, d, and dd of Clause 2.
6. The data updating provisions in Clauses 1 and 2 of this Article do not apply to information classified as state secrets. The agencies and entities specified in Clause 3 of this Article shall be responsible for the completeness, timeliness, and accuracy of the information and data updated to the price database in accordance with the law.
7. Agencies assigned to manage the price database shall organize the collection or purchase of data on certain goods and services specified in Point i Clause 1 and Point e Clause 2 of this Article for necessary integration into the price database to serve the state management of prices.
Article 26. Accessing information and data from the price database
1. Methods of access:
a) Direct access via the internet or website platform through designated URLs or mobile applications (if available), using account-based authentication as determined by the agency managing the price database system;
b) Information and data access upon written request from authorized agencies, organizations, or individuals;
c) Extraction of information and data according to the information service provision agreement between the agency assigned to operate the National Price Database and agencies, organizations, and individuals with needs.
2. Individuals and organizations shall ensure the extraction of information and data from the Price Database according to system access permissions, use information and data for the proper purpose, in line with the nature and requirements of the task, and shall be responsible for the use and citation of data from the Price Database. It is prohibited to provide information and data directly to third parties for commercial purposes.
1. Amendments, supplements, and repeal of certain points, clauses, and articles of Decree No. 40/2017/ND-CP dated April 5, 2017, of the Government on the management of salt production and business are as follows:
a) Remove the phrase “price stabilization of table salt” at point d, clause 2, Article 4;
b) Repeal clause 3, Article 18;
c) Repeal clause 5, Article 23.
2. Amendments, supplements, and repeal of certain clauses and articles of Decree No. 107/2018/ND-CP dated August 15, 2018, of the Government on rice export business are as follows:
a) Repeal Article 14;
b) Repeal clauses 3 and 4, Article 15;
c) Repeal point a, clause 4, Article 22;
d) Amend point c, clause 6, Article 22 as follows:
“c) Direct, inspect, and supervise rice exporters in complying with regulations and implementing instructions and management by competent regulatory agencies as prescribed in this Decree; effectively implement policies on developing raw material zones within the locality; inspect, detect, and handle violations in the production, trading, and use of fertilizers and plant protection products in the locality;”.
3. Amend point c, clause 1, Article 5 of Decree No. 43/2014/ND-CP dated May 15, 2014, detailing a number of articles of the Land Law, amended and supplemented by Decree No. 148/2020/ND-CP dated December 18, 2020, as follows:
“c) Operational funding of the Land Registration Office is implemented according to the law for public non-business units.
When the Land Registration Office provides services, the service requester shall be responsible for paying the cost of the provided services. For procedures related to the registration and issuance of the Certificate of land use rights, ownership of houses and other assets attached to land, the service requester shall be responsible for paying fees and charges in accordance with the regulations of the law on fees and charges.
4. Amend and supplement certain clauses and articles of Decree No. 117/2007/ND-CP dated July 11, 2007, of the Government on the production, supply, and consumption of clean water, as amended and supplemented by Decree No. 124/2011/ND-CP dated December 28, 2011, as follows:
a) Amend clause 1, Article 51 as follows:
“1. The clean water price shall be implemented in accordance with the Law on Prices, its guiding documents, and this Decree.”
b) Repeal clause 9, Article 51;
c) Repeal Articles 52, 53, and 54.
5. Amend clause 3, Article 18 of Decree No. 72/2012/ND-CP dated September 24, 2012, on the management and use of shared technical infrastructure works as follows:
“3. Lease price management:
a) The Ministry of Construction shall provide guidance on mechanisms, principles, and methods for determining lease prices; regulate exemptions and reductions in service of national defense and security public activities in accordance with the law;
b) Province-level People’s Committees shall, based on clauses 1 and 2 of this Article and methods for determining lease prices guided by the Ministry of Construction, decide on lease prices for shared technical infrastructure works invested by state budget and applied uniformly in their localities;
c) Organizations and individuals shall, based on clauses 1 and 2 of this Article and the methods for determining lease prices guided by the Ministry of Construction, set lease prices for shared technical infrastructure works they have invested in (excluding state budget investment sources) and agree with parties having usage needs; simultaneously carry out price declaration as regulated by price law. If the parties cannot agree on the price, they may request the competent state authority to organize price negotiation as prescribed by law.”
6. Amend clause 14, Article 20 of Decree No. 87/2018/ND-CP dated June 15, 2018, of the Government on gas trading as follows:
“14. Notify in writing the units in the distribution system and carry out price declaration with competent state authorities as regulated by price law.”
7. Amend clause 1, Article 28 of Decree No. 23/2016/ND-CP dated April 5, 2016, of the Government on the construction, management, and use of cemeteries and cremation facilities as follows:
“1. For cemeteries and cremation facilities invested with state budget funds: the formulation of pricing plans, appraisal of pricing plans, submission, and promulgation of pricing documents for cemetery and cremation services shall comply with the Law on Prices and its guiding documents.”
8. Amend Article 41 of Decree No. 80/2014/ND-CP dated August 6, 2014, of the Government on drainage and wastewater treatment as follows:
“Article 41. Responsibilities for formulating, authority for appraising and approving drainage service prices
1. For drainage systems invested from the state budget and other sources (except drainage systems in industrial zones invested by non-state capital): the formulation of pricing plans, appraisal, submission, and promulgation of drainage service pricing documents shall comply with the Law on Prices and its guiding documents.
2. For drainage systems in industrial zones invested with non-state capital: the drainage service price shall be agreed upon by the infrastructure development investors and the industrial zone investors. Before the decision, there must be a written agreement with the competent state authority on drainage service pricing in the locality.”.
9. Amend certain clauses and Articles of Decree No. 98/2021/ND-CP dated November 8, 2021, of the Government on the management of medical equipment, as amended and supplemented by Decree No. 07/2023/ND-CP dated March 3, 2023, and Decree No. 96/2023/ND-CP dated December 30, 2023, as follows:
a) Amend clause 1, Article 44 as follows:
“1. Organizations and individuals engaged in the manufacture and trading of medical equipment shall publicly list the prices of medical equipment at the locations in accordance with the Law on Prices or on the Ministry of Health’s electronic portal.”
b) Amend Article 45 as follows:
“Article 45. Price declaration of medical equipment
The detailed list of medical equipment subject to price declaration, entities responsible for declaring prices; the method of implementation and the receipt of medical equipment price declarations shall be carried out in accordance with the provisions of the Law on Prices.”
10. Repeal, amend, and supplement certain Sections, Articles, and Clauses of Decree No. 54/2017/ND-CP dated May 8, 2017, detailing some articles and measures for implementation of the Law on Pharmacy, as amended and supplemented by Decree No. 155/2018/ND-CP dated November 12, 2018, and Decree No. 88/2023/ND-CP dated December 11, 2023, as follows:
a) Repeal Section 1, Chapter VIII;
b) Amendment to clause 2, Article 145 as follows:
"Provincial-level People’s Committees shall assign the Department of Health to receive price declarations of medicines on the essential medicines list used at medical examination and treatment facilities in accordance with the Law on Prices and guiding documents;"
c) Repeal Appendix VII.
To ensure the effective implementation of the provisions under the Law on Prices and this Decree, ministries, ministerial-level agencies, and People’s Committees of provinces and centrally-run cities shall have the following responsibilities:
1. The Ministry of Finance shall:
a) Issue legislative documents within its competence to stipulate economic-technical characteristics (specific names, detailed types, or basic features of goods and services) based on the general names of goods and services in the List of goods and services priced by the State (excluding public service products using the state budget via ordering mechanism, national reserves, and goods/services already defined under other relevant laws), the List of price-stabilized goods and services, and the List of goods and services subject to price declaration, as stipulated in the Law on Prices and this Decree, suitable to the requirements of state price management by sector and field;
b) For goods and services under the transitional provisions specified in Clauses 1 and 2 of Article 29 of this Decree: based on the pricing authority assigned in Appendix No. 02 issued together with the Law on Prices, organize review and assessment of current prices; then implement price determination and promulgate new or adjusted pricing documents according to the provisions of the Law on Prices, this Decree, and the pricing methods issued by competent authorities, ensuring practical relevance, to be completed no later than December 31, 2024;
c) Organize the construction, management, operation, and exploitation of the national database on prices; promulgate technical standards, data structure, and data formats to support data connection between ministries, agencies, localities, and relevant authorities with the national database on prices in accordance with the law;
d) Develop and implement the function to receive price declarations through the internet environment as regulated in Point a, Clause 2, Article 17 of this Decree, to be completed no later than July 1, 2027.
2. Ministries and ministerial-level agencies shall be responsible for:
a) Promulgating legislative documents within their competence in their respective fields to regulate economic-technical characteristics (detailed names, specific categories, or basic characteristics of goods and services) based on the general names of goods and services listed in the List of goods and services subject to State pricing (excluding public service products using State Budget through ordering method, national reserves, and goods/services already having defined economic-technical characteristics under relevant legal provisions), the List of price-stabilized goods and services, and the List of goods and services subject to price declaration as prescribed in the Law on Prices and this Decree, in accordance with the requirements of state management of prices by sector and field;
b) For goods and services under the transitional provisions specified in Clauses 1 and 2 of Article 29 of this Decree: based on the pricing authority assigned in Appendix No. 02 issued together with the Law on Prices, organize review and assessment of current prices; then implement price determination and promulgate new or adjusted pricing documents according to the provisions of the Law on Prices, this Decree, and the pricing methods issued by competent authorities, ensuring practical relevance, to be completed no later than December 31, 2024;
c) In cases where new goods and services are added to the List of goods and services subject to State pricing as prescribed in the Law on Prices, the competent pricing authority must issue the pricing document no later than 45 days from the effective date of this Decree;
d) Based on the provisions of the Law on Prices, submitting to the Government proposals to develop a reference pricing mechanism for goods and services under their management, outside the scope of goods and services specified in Article 19 of this Decree, where necessary to serve the purpose of price regulation and management;
dd) Organizing the development of features for receiving price declaration information via online platforms as prescribed in Point a, Clause 2, Article 17 of this Decree, to be completed no later than July 1, 2027. Data on price declaration at ministries and ministerial-level agencies must be connected and updated to the National Price Database.
3. Province-level People’s Committees shall:
a) Issuing legal documents within their competence to regulate economic-technical characteristics (detailed names, specific categories, or basic characteristics of goods and services) based on the general names of goods and services in the List of goods and services subject to State pricing (excluding public service products using the State Budget through ordering method, national reserves, and goods/services already defined in relevant laws), and the List of goods and services subject to price declaration as prescribed in the Law on Prices and this Decree, in accordance with the requirements of state management of prices in their localities;
b) For goods and services under the transitional provisions specified in Clauses 1 and 2 of Article 29 of this Decree: based on the pricing authority assigned in Appendix No. 02 issued together with the Law on Prices, organize review and assessment of current prices; then implement price determination and promulgate new or adjusted pricing documents according to the provisions of the Law on Prices, this Decree, and the pricing methods issued by competent authorities, ensuring practical relevance, to be completed no later than December 31, 2024;
c) Issuing decisions to assign tasks to specialized agencies and subordinate administrative authorities within their jurisdiction to carry out state management duties on pricing as prescribed in the Law on Prices and relevant guiding documents.
d) Develop the function for receiving price declaration information via online platforms as stipulated in Point a, Clause 2, Article 17 of this Decree, to be completed no later than July 1, 2027. Price declaration data at the local level must be connected to and updated in the National Price Database.
Article 29. Transitional provisions
1. Organizations and individuals trading in goods and services subject to State pricing shall continue applying the current price levels of such goods and services until the competent State pricing authority issues new pricing documents.
Based on the current price levels, the competent pricing authority must issue new pricing documents in accordance with Point b Clause 1, Point b Clause 2, and Point b Clause 3 Article 28 of this Decree. In the case of goods and services using State budget under the ordering method, implementation shall follow Clauses 3 and 4 of this Article.
Where the pricing document to be replaced includes both pricing content and mechanisms/policies for managing prices of such goods and services: the pricing content must be re-issued in a separate document in accordance with the form of pricing document prescribed in this Decree; mechanisms and policies for price management must be issued as legal normative documents in accordance with the Law on Promulgation of Legal Documents.
2. For the pricing of goods and services on the list of those subject to State pricing, if the pricing process and procedures were initiated prior to the effective date of this Decree, the remaining steps of the pricing process may continue to be carried out in accordance with the provisions of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of a number of articles of the Law on Prices, Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending and supplementing a number of articles of Decree No. 177/2013/ND-CP , and other relevant guiding documents, in order to issue the pricing document.
Based on the pricing documents already issued, the competent pricing authority shall conduct a review and assessment to issue new pricing documents in accordance with Point b Clause 1, Point b Clause 2, and Point b Clause 3 Article 28 of this Decree.
3. For goods and services using the State budget under the ordering method in 2024, if the price has already been approved by the competent authority before the effective date of this Decree and there is no change in the price, such price shall continue to apply until December 31, 2024.
4. For the pricing of goods and services funded by the state budget and implemented under the ordering mechanism in 2024, if the pricing has not yet been approved by a competent state authority and the organization or individual has already developed a pricing plan and submitted a written pricing request to the competent pricing authority before the effective date of this Decree, the remaining pricing steps and procedures may continue to be carried out in accordance with the provisions of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of a number of articles of the Law on Prices, Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending and supplementing a number of articles of Decree No. 177/2013/ND-CP , and other relevant guiding documents, and must be completed no later than December 31, 2024.
5. In the case of public service products serving national defense produced and supplied by enterprises or units under the Ministry of National Defense under the contractor designation method and where the contractor selection plan was approved before July 1, 2024, the remaining pricing procedures may continue to be carried out.
6. No later than October 31, 2024, ministries, ministerial-level agencies managing sectors/fields, and provincial-level People’s Committees shall issue documents regulating economic-technical characteristics for goods and services on the lists of price-stabilized goods and services and goods/services subject to price declaration.
Where there is a change in the authority receiving price declarations of goods/services, trading organizations shall re-declare the current prices to the newly designated receiving authority specified in Article 15 of this Decree, in accordance with the guidance of such authority from the effective date of this Decree. Business organizations trading in goods and services listed in the Price Stabilization List and the Price Declaration List shall continue to apply the current detailed guidelines issued by competent authorities for such items until the competent state authority issues new regulations on the technical and economic characteristics of those goods and services.
If there is no change in the price declaration authority and the prices declared before the effective date of this Decree remain unchanged, the trading organizations are not required to re-declare the current price and shall only re-declare when the price changes.
7. The updating and connection of price declaration data to the National Price Database as specified in Clause 4 Article 17 of this Decree shall be implemented when ministries, sectors, and localities have completed the development of online data reception platforms, no later than July 1, 2027.
1. This Decree comes into force as of the date of signing.
2. From the effective date of this Decree, Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of a number of articles of the Law on Prices, and Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending and supplementing a number of articles of Decree No. 177/2013/ND-CP shall cease to be effective./.
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