Circular No. 104/2008/TT-BTC guiding the implementation of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain provisions of the Price Ordinance and Decree No. 75/2008/NĐ-CP dated June 9, 2008 amending and supplementing some articles of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing the implementation of certain provisions of the Price Ordinance.

CIRCULAR

Guidelines for implementing Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance, and Decree No. 75/2008/NĐ-CP dated June 9, 2008 on amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance.

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Pursuant to Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance (hereinafter referred to as Decree No. 170/2003/NĐ-CP);

Pursuant to Decree No. 75/2008/NĐ-CP dated June 9, 2008 of the Government on amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance (hereinafter referred to as Decree No. 75/2008/NĐ-CP);

The Ministry of Finance issues guidelines for implementation of Decree No. 170/2003/NĐ-CP and Decree No. 75/2008/NĐ-CP as follows:

A. GENERAL PROVISIONS

This Circular guides the implementation of price stabilization; the authorities and responsibilities of agencies and units in establishing, submitting, reviewing pricing plans, and deciding prices; the documentation and contents of pricing plans; the documentation and procedures for price negotiation; monitoring factors forming prices; registering prices; declaring prices of goods and services.

B. SPECIFIC PROVISIONS

I. IMPLEMENTATION OF PRICE STABILIZATION FOR GOODS AND SERVICES

1. The list of goods and services subject to price stabilization as stipulated in Clause 2, Article 1 of Decree No. 75/2008/NĐ-CP is detailed in Appendix 1a attached to this Circular, and the list of goods and services subject to price stabilization within the authority of provincial People's Committees (hereinafter referred to as Provincial People's Committee) as stipulated in Point 3, Clause 2, Article 1 of Decree No. 75/2008/NĐ-CP.

2. Conditions for applying price stabilization measures

When domestic market prices of goods and services listed below and specified in Appendix 1a of this Circular abnormally fluctuate: increase excessively or decrease unreasonably compared to the domestic market price before the fluctuation as prescribed below in cases of natural disasters, fires, epidemics, enemy attacks, economic crises; organizations and individuals abuse their monopoly position, engage in price cartels, speculation, stockpiling, supply-demand fluctuations, or spread false rumors about price increases or decreases affecting economic development and people's livelihood in specific regions, areas, or nationwide; specifically:

a) Petrol, diesel: Implemented according to Decree No. 55/2007/NĐ-CP dated April 6, 2007 of the Government on trading in petrol and diesel and the guidance of the Ministry of Finance.

b) Cement, construction steel: For at least 15 consecutive days, the retail price on the market increases by an average of 15% or more compared to the market price before the fluctuation.

c) Liquefied petroleum gas: For at least 15 consecutive days, the retail price on the market increases by an average of 20% or more compared to the market price before the fluctuation.

d) Chemical fertilizers: For at least 15 consecutive days, the retail price on the market increases by 20% or more compared to the market price before the fluctuation.

e) Plant protection chemicals: For at least 15 consecutive days, the retail price on the market increases by 15% or more compared to the market price before the fluctuation.

f) Veterinary drugs: For at least 15 consecutive days, the retail price increases by 15% or more compared to the market price before the fluctuation.

g) Salt: For at least 15 consecutive days, the price of salt sold by salt producers to organizations and individuals engaged in production and business (hereinafter referred to as enterprises) decreases by at least 20% compared to the price before the fluctuation.

h) Milk: For at least 15 consecutive days, the retail price of milk increases by 20% or more compared to the market price before the fluctuation.

i) Sugar: For at least 15 consecutive days, the retail price of white sugar and refined sugar on the market increases by 20% or more compared to the market price before the fluctuation.

k) Paddy (rice): For at least 15 consecutive days, the price of paddy sold on the market by farmers decreases by at least 15% compared to the market price before the fluctuation.

l) Ordinary glutinous rice: For at least 15 consecutive days, the retail price on the market increases by 20% or more compared to the market price before the fluctuation.

m) Medicines for preventing and treating diseases in humans (including medicines in the essential drug list used in healthcare facilities as prescribed by the Ministry of Health): For at least 15 consecutive days, the retail price on the market increases by 15% or more compared to the market price before the fluctuation.

n) Passenger railway fare for hard seats: For at least 15 consecutive days, the fare increases by 20% or more compared to the previously set fare.

o) Certain types of livestock feed (corn, soybeans, soybean meal): For at least 15 consecutive days, the selling price increases by 20% or more compared to the market price before the fluctuation.

p) Goods and services subject to price stabilization as defined by the Provincial People's Committee shall be specified by the Department of Finance in advising the Provincial People's Committee to establish specific conditions for applying price stabilization measures suitable to local circumstances.

3. Authority to decide on price stabilization measures

When the prices of goods and services fluctuate abnormally as stipulated in Clause 2, Section I, Part B of this Circular, the competent state management agency on prices decides and announces the application of price stabilization measures within its authority.

3.1. The Ministry of Finance bases on actual conditions to prepare reports and submit to the Prime Minister for decision to announce the application of one or several price stabilization measures as stipulated in Point 1, Clause 3, Article 1 of Decree No. 75/2008/NĐ-CP, specifically as follows:

a) Measures to adjust supply and demand for goods.

b) Purchasing and selling national reserves.

c) Monitoring inventory levels of goods.

d) Financial and monetary measures.

3.2. The Ministry of Finance shall base on actual circumstances to decide to announce the application of one or several price stabilization measures as stipulated in Point 2, Clause 3, Article 1 of Decree No. 75/2008/NĐ-CP, specifically as follows:

a) Prescribing maximum, minimum prices, and price ranges for goods and services subject to price stabilization, serving as a basis for enterprises to determine specific buying and selling prices.

b) Monitoring factors forming prices for goods and services subject to price stabilization to enable the Ministry of Finance, relevant ministries, and sectors to coordinate with provincial People's Committees to implement and organize such measures as stipulated in Article 22a, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP and as specified in Section V, Part B of this Circular.

c) Registering and declaring prices: carried out according to the provisions of Article 22b, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP and as specified in Sections VI and VII, Part B of this Circular.

d) Publicizing price information in accordance with the provisions of Article 22c, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP.

đ) Other economic and administrative measures within their authority including:

- Deciding to suspend the implementation of prices determined by enterprises before abnormal fluctuations occur and requiring the implementation of previous prices.

- Warning penalties, fines, and confiscating unreasonable price increases into the State budget or requesting the registration authority to revoke the business registration certificate in accordance with the law.

- Deciding to organize inspection and audit teams to check compliance with national regulations on price management, selling goods and services at prices set by authorized agencies; checking price listings and sales of goods and services at listed prices. Administrative penalties for violations in the field of pricing will be imposed in accordance with the law.

- Deciding on measures to practice thrift, combat waste, reduce product costs; financial support measures as prescribed by law.

3.3. The Chairman of the Provincial People's Committee decides and announces the application of price stabilization measures as stipulated in Point 3, Clause 3, Article 1 of Decree No. 75/2008/NĐ-CP, specifically as follows:

a) Measures within their authority to balance supply and demand for goods and services;

b) Financial and monetary measures;

c) Registering and declaring prices: carried out according to the provisions of Article 22b, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP and as specified in Sections VI and VII, Part B of this Circular.

d) Publicizing price information in accordance with the provisions of Article 22c, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP.

đ) Other economic and administrative measures within their authority including:

- Deciding to suspend the implementation of prices determined by enterprises before abnormal fluctuations occur and requiring the implementation of previous prices.

- Warning penalties, fines, and confiscating unreasonable price increases into the State budget or revoking the business registration certificate in accordance with the law.

- Deciding to organize inspection and audit teams to check compliance with national regulations on price management, selling goods and services at prices set by authorized agencies; checking price listings and sales of goods and services at listed prices. Administrative penalties for violations in the field of pricing will be imposed in accordance with the law.

- Deciding on measures to practice thrift, combat waste, reduce product costs.

4. Responsibilities of state management agencies in implementing price stabilization

4.1. For goods and services subject to price stabilization under the authority to decide and announce the implementation of price stabilization measures by the Prime Minister and the Minister of Finance, the Price Management Department (Ministry of Finance) shall be responsible for:

a) Taking the lead in coordinating with relevant agencies to promptly recommend the Minister of Finance to decide and announce the application of price stabilization measures within their authority or report to the Minister of Finance to request the Prime Minister to decide and announce the application of price stabilization measures to be implemented in each region or nationwide.

b) Advising the Minister of Finance to request the Prime Minister to adjust the list of goods and services subject to price stabilization in line with market price trends and management requirements for implementation during each period.

c) Taking the lead in coordinating with relevant agencies to organize the implementation of monitoring factors forming prices for goods specified in Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP and as specified in Section V of this Circular, or advising the Minister of Finance to direct specialized agencies under the Ministry or provincial finance departments to monitor price-forming factors for businesses operating in their localities.

d) Promptly reporting to the Minister of Finance the situation of implementing price stabilization measures and preparing reports for the Minister of Finance to report to the Prime Minister on the implementation of price stabilization measures.

4.2. For goods and services subject to price stabilization under the authority to decide and announce the application of price stabilization measures by the Prime Minister, the Minister of Finance, or the Chairman of the Provincial People's Committee, the Provincial Finance Department shall be responsible for:

a) Taking the lead in coordinating with related agencies in the province to promptly recommend the Chairman of the Provincial People's Committee to decide and announce the application of price stabilization measures within their authority to be implemented locally.

b) Taking the lead in coordinating with related agencies in the province to implement monitoring of price-forming factors for goods within their authority as stipulated in Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP, as specified in Section V of this Circular, and as directed by the Minister of Finance; implementing checks on compliance with laws and regulations on pricing and other related laws such as: checking price listings, sales of goods and services at listed prices; price registration, declaration, and publicizing price information for types of goods and services required to register prices and declare prices (within their authority); promptly detecting and handling violations in accordance with the Pricing Law and related laws; checking compliance with price stabilization measures.

c) Taking the lead and coordinating with related agencies: Market Management, Industry and Trade, Taxation, Customs, Police... including computer-based multiple choice tests||| Promptly inspect and handle in accordance with current laws regarding monopolistic phenomena, cartels, unlawful price competition, taking advantage of state pricing policies, market fluctuations, natural disasters, and epidemics to unreasonably increase or decrease prices.

d) Promptly report to the Ministry of Finance and the People's Committee of the province on the implementation of price stabilization measures decided by the Prime Minister, the Minister of Finance, and the Chairman of the People's Committee of the province and announced for application in the locality. VIOLATION the provincial people's council decides and announces the implementation on the local territory.

5. Enterprises engaged in production and business have the responsibility to implement price stabilization measures decided by the Prime Minister, the Minister of Finance, and the Chairman of the People's Committee of the province in accordance with Decree No. 75/2008/ND-CP and this Circular. VIOLATION the provincial people's council decides in accordance with the provisions of Decree No. 75/2008/NĐ-CP and this Circular.

Upon request in writing from competent state management agencies, enterprises must report costs of production and factors forming prices, cost prices, selling prices of goods and services under the price stabilization list, registered prices, and declared prices.

II. RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND UNITS IN THE ESTABLISHMENT, SUBMISSION, REVIEW, AND DECISION ON PRICING SCHEMES

1. Rights and responsibilities of organizations and units concerning assets, goods, and services within the price-setting authority of the Government:

1.1. Methods for determining land prices, price ranges for various types of land, and methods for determining rental price ranges for land and water surfaces shall be established by the Ministry of Natural Resources and Environment, submitted to the Government for decision after obtaining written opinions from relevant ministries and sectors and the People's Committee of the province.

1.2. Price ranges or standard prices for state-owned housing for sale or rent, and rental price ranges for social housing shall be established by the Ministry of Construction, submitted to the Government for decision after obtaining written opinions from relevant ministries and sectors, the People's Committee of the province, and a written review opinion from the Ministry of Finance.

1.3. Principles and methods for determining prices for various types of forests shall be developed by the Ministry of Agriculture and Rural Development, submitted to the Government for issuance after obtaining written opinions from relevant ministries and the People's Committee of the province.

2. Rights and responsibilities of organizations and units concerning assets, goods, and services within the price-setting authority of the Prime Minister:

2.1. Rental price ranges for civil servant housing shall be established by the Ministry of Construction, submitted to the Prime Minister for decision after obtaining written opinions from relevant ministries and sectors and a written review opinion from the Ministry of Finance.

2.2. Retail electricity price lists shall be established by the Electricity Regulatory Authority, reported to the Ministry of Industry and Trade for consideration, and then submitted by the Ministry of Industry and Trade to the Prime Minister for approval after obtaining written opinions from relevant ministries and a written review opinion from the Ministry of Finance.

2.3. Postal service rates for domestic letters up to 20 grams and local telephone calls shall be established by service providers, reported to the Ministry of Information and Communications for consolidation, and then submitted to the Prime Minister for decision after obtaining a written review opinion from the Ministry of Finance.

2.4. The price of the People's Newspaper shall be established by the People's Newspaper agency, submitted to the Prime Minister for decision after obtaining written opinions from relevant ministries and agencies and a written review opinion from the Ministry of Finance.

3. Rights and responsibilities of organizations and units concerning assets, goods, and services within the price-setting authority of the Minister of Finance:

3.1. Selling or rental prices for state-owned infrastructure assets serving national interests and public benefits, as prescribed by law without auction procedures, implemented through direct contracting, self-execution, or special provisions under the Bidding Law, shall be established by units authorized to manage such assets, submitted for price scheme review by the managing ministry, and then proposed in writing to the Minister of Finance for decision.

3.2. Maximum purchase prices and minimum selling prices for national reserve goods:

- Maximum purchase prices, minimum selling prices, import costs, and export costs for national reserve goods in the annual plan as prescribed by the National Reserve Ordinance shall be established by the National Reserve Corporation, which manages such goods under the price-setting authority of the Ministry of Finance (excluding national defense, security, and confidential reserve goods), submitted for review by the Price Management Department and then proposed in writing to the Minister of Finance for decision.

- Maximum purchase prices, minimum selling prices (excluding national defense, security, and confidential reserve goods), import costs, and export costs for national reserve goods in the annual plan as prescribed by the National Reserve Ordinance shall be established by ministries and sectors responsible for management (including national defense, security, and confidential reserve goods) under the price-setting authority of the Ministry of Finance, directly managed entities shall submit their schemes for approval by the responsible ministry or sector, and then send written notifications to the Price Management Department for review and proposal to the Minister of Finance for decision.

3.3. Prices for public utility products and services ordered by authorized state agencies, goods and services produced according to government orders paid for with state budget funds, implemented through direct contracting without auction procedures (except for goods and services produced and supplied according to orders; public utility products and services within the price-setting authority of other ministries, sectors, and provincial people's committees as prescribed by law) shall be established by the producing and supplying units, reported to the managing ministry for approval, and then sent in writing to the Price Management Department for review and proposal to the Minister of Finance for decision.

3.4. The framework for domestic air cargo transportation rates; takeoff and landing service fees; departure and arrival flight management; flight support services; security screening; passenger services; other airport service fees according to the laws on aviation shall be established by the service provider and submitted to the Civil Aviation Administration of Vietnam for approval, with a copy sent to the Price Management Agency for review and submission to the Minister of Finance for decision.

3.5. The framework price for clean water for daily use shall be established by the Price Management Agency and submitted to the Minister of Finance for decision after receiving written comments from the Ministry of Construction, the Ministry of Agriculture and Rural Development, and the provincial People's Committees.

3.6. Prices of goods and services under state monopoly sectors as prescribed by law (excluding those listed in Clause 4, Article 1 of Decree No. 75/2008/NĐ-CP) shall be established by enterprises and submitted to the Price Management Agency for review and then to the Minister of Finance for decision after receiving written comments from relevant ministries.

3.7. Exemptions and reductions in postal and telecommunications service rates in emergency situations shall be proposed by the Ministry of Information and Communications, reviewed by the Price Management Agency, and submitted to the Minister of Finance for decision.

3.8. The Price Management Agency shall lead and coordinate with relevant agencies to inspect the implementation of pricing decisions made by the Minister of Finance.

4. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Industry and Trade: Based on the retail electricity price list approved by the Prime Minister, the Minister of Industry and Trade shall guide specific electricity sale prices for consumption groups in the national power grid after receiving written comments from the Ministry of Finance.

The Minister of Industry and Trade shall approve the framework for electricity generation prices; wholesale electricity prices; transmission service fees, interconnection fees for transmission and distribution networks, system dispatching, market operation management; ancillary service fees, market regulation fees, participation in the electricity market; rural, mountainous, and island area retail electricity prices.

5. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Information and Communications:

5.1. Postal service rates for basic letters (ordinary letters) up to 20 grams and domestic telephone calls shall be decided by the Minister of Information and Communications after the Prime Minister approves the rate plan.

5.2. Rates for public postal services; public telecommunications services; exclusive postal services shall be established by the service providers and submitted to the Minister of Information and Communications for decision after receiving written agreement from the Ministry of Finance.

5.3. Service rates for telecommunications businesses with market dominance; interconnection rates between telecommunications businesses and certain types of postal and telecommunications service rates as prescribed by the Prime Minister shall be established by the service providers and submitted to the Minister of Information and Communications for decision in accordance with Decision No. 39/2007/QĐ-TTg dated February 21, 2007, of the Prime Minister on managing postal and telecommunications service rates and Circular No. 02/2007/TT-BTTTT dated December 13, 2007, of the Ministry of Information and Communications guiding the implementation of regulations on managing postal and telecommunications service rates.

6. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Health:

Maximum prices for medicines funded by the state budget and health insurance shall be implemented according to Decree No. 79/2006/NĐ-CP dated August 9, 2006, of the Government detailing the implementation of certain provisions of the Medicine Law and Joint Circular No. 11/2007/TTLT-BYT-BTC-BCT dated August 31, 2007, of the Ministry of Health, the Ministry of Finance, and the Ministry of Industry and Trade guiding the state management of medicine prices for people.

7. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Construction:

Based on the framework prices or sale and rental prices for state-owned housing for policy beneficiaries, social housing rental prices, and civil servant housing rental prices as prescribed by the Government and the Prime Minister, the Minister of Construction shall guide provincial People's Committees to decide specific housing sale and rental prices at the local level.

8. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Agriculture and Rural Development:

Based on the principles and methods for determining forest prices as prescribed by the Government, the Minister of Agriculture and Rural Development shall lead and coordinate with the Ministry of Finance to guide provincial People's Committees to decide specific forest prices at the local level.

9. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Defense:

9.1. Prices of goods and services for defense purposes produced and supplied by defense enterprises through orders, plans, and designated tenders paid for by state budget funds shall be established by these enterprises and submitted to the Financial Department (Ministry of Defense) for review and then to the Minister of Defense for decision, with copies sent to the Ministry of Finance for reporting and inspection when necessary.

9.2. Annual prices for national defense reserve goods as prescribed by the National Reserve Law shall be established by units assigned to manage national defense reserves; reviewed by the Financial Department (Ministry of Defense) and submitted to the Minister of Defense for decision after reaching consensus with the Ministry of Finance; copies of the decision shall be sent to the Ministry of Finance for reporting and inspection when necessary.

10. Authorities and responsibilities of agencies and units regarding assets, goods, and services within the price-setting authority of the Minister of Public Security:

10. The rights and responsibilities of agencies and units regarding assets, goods, and services within the price determination authority of the Minister of Public Security:

10.1. The price of goods and services serving political security and social order produced and supplied by enterprises under the Ministry of Public Security according to orders, plans, and designated tendering paid for with state budget funds shall be established in pricing schemes, which the Finance Department (Ministry of Public Security) shall review and submit to the Minister of Public Security for decision. The decision on prices shall be sent to the Ministry of Finance for reporting and inspection when necessary.

10.2. The price of national strategic reserves concerning political security and social order within the planning year, as stipulated by the National Strategic Reserves Ordinance, shall be established by units under the Ministry of Public Security assigned to manage such reserves. The Finance Department (Ministry of Public Security) shall review and submit these pricing schemes to the Minister of Public Security for decision after reaching consensus on principles with the Ministry of Finance. The decision on prices shall be sent to the Ministry of Finance for reporting and inspection when necessary.

11. The powers and responsibilities of agencies and units regarding assets, goods, and services within the authority to decide prices of the Minister of Interior Affairs:

The purchase and sale prices of national strategic reserves concerning key communications within the planning year, as stipulated by the National Strategic Reserves Ordinance, shall be established by units under the Ministry of Interior Affairs assigned to manage such reserves. These pricing schemes shall be submitted to the Minister of Interior Affairs for decision after reaching consensus on principles with the Ministry of Finance. The decision on prices shall be sent to the Ministry of Finance for reporting and inspection when necessary.

12. The powers and responsibilities of agencies and units regarding assets, goods, and services within the authority to decide prices of the Minister of Natural Resources and Environment:

Based on the method of determining land prices and the framework of land prices types prescribed by the Government, the Ministry of Natural Resources and Environment shall guide provincial People's Committees to decide specific land prices at localities.

13. The powers and responsibilities of agencies and units regarding national strategic reserves within the authority to decide prices of Ministers of other Ministries:

For national strategic reserves within the planning year, as stipulated by the National Strategic Reserves Ordinance, based on the分级授权的管理权限，由负责管理国家储备物资的部门领导根据财政部部长决定的最大采购价格和最低销售价格，规定具体的购买和销售价格以执行法律规定，并将定价决定送财政部报告和检查。

14. The powers and responsibilities of agencies and units regarding assets, goods, and services within the authority to decide prices of Provincial People's Committees:

14.1. Specialized agencies or agencies assigned to guide the establishment of pricing schemes to be decided by the Provincial People's Committee after obtaining written opinions from relevant agencies and written reviews from the same-level financial agency, including:

- Public transportation fare for passenger bus services in urban areas and industrial zones organized by the State through bidding or ordering service provision;concerning the classification and determination of state management authority in the field of crop production- Public transportation fare for passenger rail services in urban areas;

- Newspaper prices of the Communist Party of Vietnam's provincial and central city party committees when there is a State decision to support funding from the state budget;

- Prices of sale or rental of state-owned housing; prices of sale or rental of state-owned housing for resettlement targets; policy targets; prices of sale or rental of state-owned housing for office use or business; rental prices for social housing; rental prices for public servant housing;

- Retail electricity prices in rural, mountainous, and island areas where power investment and operation are not economically viable;

- Clean water prices for living purposes and other uses;

- Prices of public utility products and services produced according to orders or plans; prices of goods and services produced according to State orders within the local government budget implemented through direct contracting or self-execution as stipulated by the Bidding Law and without auction procedures;

- Subsidy levels for freight transport of goods in the subsidized list, subsidy levels for retail prices of goods in the subsidized list, and freight transport prices for essential goods and services in the subsidized list serving mountainous, remote, and island residents;

- Forest prices, rental prices

of specific types of forests in the locality. 14.2. Specialized agencies or agencies assigned to guide the establishment of pricing schemes to be decided by the Provincial People's Committee, including:

- Specific land prices and land and water surface rental prices in the locality;

Based on the above guidance, the Provincial People's Committee shall specifically assign competent agencies to guide, establish, submit, and review pricing schemes for specific goods and services according to the law.

III. DOCUMENTATION OF PRICING SCHEMES AND CONTENT OF PRICING SCHEMES

1. Documentation of pricing schemes or price adjustments (hereinafter referred to collectively as documentation of pricing schemes) includes:

1.1. A letter requesting the competent authority to set prices or adjust prices.

1.2. An explanation of the pricing scheme (a summary table of the pricing structure based on factors forming the price and an explanation of that pricing structure).

1.3. A consolidated document of opinions from relevant agencies (including copies of opinions from relevant agencies as required).

1.4. A review document of the pricing scheme by agencies with the function of reviewing according to regulations.

1.5. Other related documents.

2. The content of the explanation of the pricing scheme includes:

2.1. The necessity and objectives of setting prices or adjusting prices (the production and business situation of the goods or services requiring pricing or adjustment; market price trends domestically and internationally; the necessity to change prices...).

2.2. Basis for setting prices or adjusting prices (related regulatory documents).

2.3. A calculation of the cost of goods or services (if produced domestically) or import cost (if imported goods); selling prices of goods or services, the proposed pricing structure to be implemented according to the pricing regulation prescribed by the Ministry of Finance.

2.3. The cost calculation for goods and services (if produced domestically), import cost (if imported goods); selling prices of goods and services, the structure of proposed price levels must be carried out in accordance with the pricing regulation established by the Ministry of Finance.

Compare the proposed price level with the prices of goods and services in some countries in the region and the domestic market (if available).

2.4. The impact of the new price level on the operations of other production and business enterprises, the state budget, and the impact on people's lives, society, and consumer income.

2.5. Measures for organizing and implementing the new price level.

3. The pricing plan dossier submitted to the competent authority for appraisal shall be implemented according to the unified form at Appendix No. 2 attached hereto.

IV. DOCUMENTS AND PROCEDURES FOR PRICE NEGOTIATION

1. Documents for price negotiation include:

1.1. Directive documents from the competent state management agency requiring price negotiation or a request for price negotiation from either (or both) the buyer and seller sent to the authorized agency organizing the price negotiation.

1.2. Negotiated pricing plan:

a) If the seller is required to negotiate prices compulsorily pursuant to the directive of the competent authority or if the seller itself requests price negotiation, the seller must prepare a negotiated pricing plan and submit it to the competent authority for price negotiation, explaining the following contents:

- Production and consumption situation, supply and demand of goods and services;

- Analysis of the proposed negotiated price level:

+ Prepare a summary table of the pricing structure based on the factors forming the price, explaining the pricing structure (including analysis and comparison with the pricing structure before being requested or proposed for negotiation).

+ Analyze the impact of the new price level on production and business efficiency, financial activities, the living conditions of employees within the enterprise, and obligations to the state budget.

+ Issues that the seller has not yet agreed upon with the buyer, along with the seller's arguments regarding these unresolved issues.

+ Any recommendations (if applicable).

b) If the buyer is required to negotiate prices compulsorily pursuant to the directive of the competent authority or if the buyer itself requests price negotiation, the buyer must prepare a negotiated pricing plan and submit it to the competent authority for price negotiation, explaining the following contents:

- Prepare a summary table of the pricing structure based on the factors forming the price of goods and services produced by the buyer, calculated based on the new input price proposed by the seller. Explain the pricing structure (including analysis and comparison with the previous input price before being requested or proposed for negotiation).

- Analyze the impact of the new price level on production and business efficiency, financial activities, the living conditions of employees within the enterprise, product selling prices, consumer acceptance, comparison with similar goods and services on the market, and obligations to the state budget.

- Issues that the buyer has not yet agreed upon with the seller, along with the buyer's arguments regarding these unresolved issues.

- Other recommendations (if applicable).

1.3. When there is a compulsory directive for price negotiation issued by the competent authority, both the buyer and seller must prepare the price negotiation dossier according to the above guidelines.

1.4. The price negotiation dossier shall be prepared according to the unified form at Appendix No. 3 attached hereto, and submitted by both the buyer and seller to the competent authority organizing the price negotiation at least three copies in advance, and simultaneously sent to the buyer (or seller) counterpart.

2. Procedures and sequence for price negotiation.

2.1. The competent authority organizing the price negotiation shall implement according to the provisions of Clause 8, Article 1 of Decree No. 75/2008/NĐ-CP.

2.2. Participants in organizing the price negotiation for goods and services include: the competent authority organizing the price negotiation; authorized representatives of the buyer and seller, and related agencies as required by the competent authority organizing the price negotiation.

2.3. Sequence of price negotiation:

a) After receiving all the price negotiation dossier documents as stipulated in Clause 1, Section IV, Part B of this Circular within five working days, the competent authority organizing the price negotiation will decide on the specific time to hold the negotiation meeting and notify the participants in writing.

In cases where the price negotiation dossier of enterprises does not comply fully with the regulations, the competent authority organizing the price negotiation will issue a written notice requesting the participants in the price negotiation to comply with the regulations.

b) The competent authority organizing the price negotiation will present the purpose, requirements, and content of the price negotiation; request the buyer and seller to present their negotiation dossier and plan, and listen to the opinions of participating agencies.

c) The competent authority organizing the price negotiation will conclude and record the minutes (signed by the negotiation organization authority, representatives of the buyer and seller), announce the results of the negotiation and the method of announcing the negotiation results for the buyer and seller to implement.

d) Enterprises involved in price negotiation have the right to withdraw the negotiation dossier to negotiate directly with each other on the purchase and sale prices of the goods and services subject to negotiation before the competent authority organizing the price negotiation.

2.4. Responsibilities of the negotiation organization authority:

a) Within fifteen working days from the date of receipt of the price negotiation request from the Prime Minister, Ministers of Ministries, Heads of ministerial-level agencies, and provincial People's Committees, or the price negotiation proposal from the buyer or seller, and upon receiving the complete negotiation dossier as stipulated in Clause 1, Section IV, Part B of this Circular, the competent authority must organize the price negotiation.

b) Prior to organizing the price negotiation, the competent authority organizing the price negotiation must collect and analyze necessary information related to the goods and services subject to negotiation; analyze the factors influencing the seller and buyer, creating conditions for both parties to agree on the price.

c) Determine the negotiated price level in accordance with the law for the buyer and seller to implement.

V. CONTROL OF PRICING FACTORS

1. The control of pricing factors shall be carried out in accordance with the provisions of Article 22 a, Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP.

2. List of goods and services subject to control of pricing factors includes:

2.1. Goods and services within the scope of price determination by the State as prescribed in Clause 4, Article 1 of Decree No. 75/2008/NĐ-CP.

2.2. Goods and services listed for price stabilization implementation when there is abnormal fluctuation as prescribed in Clause 2, Article 1 of Decree No. 75/2008/NĐ-CP and Appendix 1a attached to this Circular.

2.3. Goods and services listed for mandatory price registration as prescribed in Clause 1, Clause 3, Article 22b of Decree No. 75/2008/NĐ-CP; Point 1.3, Clause 1, Section VI and Appendix 1b attached to this Circular.

2.4. Goods and services subject to control of pricing factors according to the requirements of the Prime Minister or the Chairman of the People's Committee at provincial level.

3. Handling of violations in the field of prices shall be carried out in accordance with current laws on administrative penalties in the field of prices and relevant laws.

VI. PRICE REGISTRATION OF GOODS AND SERVICES

1. List of goods and services required to register prices:

Goods and services required to register prices as prescribed in Appendix 1b attached to this Circular.

2. Enterprises required to register prices:

Enterprises producing and trading goods and services that must register prices include Economic Groups, Corporations, Joint Stock Companies, Limited Liability Companies with over 50% state-owned capital in their charter capital.

Based on market price fluctuations at specific times, the Ministry of Finance will announce additional enterprises required to register prices.

3. Form, content, and procedures for price registration

3.1. Price registration is conducted by submitting a unified price registration form as prescribed in Appendix 4 to the competent authority for registration as stipulated in Clause 4, Section VI, Part B of this Circular.

- Initial price registration is carried out when an enterprise begins to register prices with the competent authority for receiving registration forms as prescribed in this Circular.

- Re-registration of prices is carried out when an enterprise receives a request from the competent authority to re-register prices.

3.2. Content of the price registration form includes:

- The registered price level is determined by the enterprise based on: principles and methods prescribed by the Government; Pricing regulations issued by the Minister of Finance and detailed guidance from related ministries and sectors; and in compliance with standards, specifications, and quality of goods and services.

- Estimated time period for the registered price to take effect.

- Explanation of the pricing structure according to the factors forming the price (attached to the price registration form).

3.3. Procedures for price registration:

- Enterprises producing and trading goods and services required to register prices as prescribed in Appendix 1b of this Circular must prepare and submit the price registration form to the competent authority for receiving registration forms.

- The price registration form must be prepared in three copies and sent to financial agencies, specialized management agencies, and retained by the enterprise.

- The authority receiving the price registration form is responsible for checking, stamping, and recording the date of receipt of the form in accordance with administrative procedures.

- When the authority receiving the price registration form discovers unreasonable elements in the price registered by the enterprise, it must send a letter to the enterprise requesting a detailed analysis of the unreasonable elements and requiring the enterprise to re-register the price.

- Within a maximum of seven working days (counted from the date stamped on the official document received by the authority), if there is no request for re-registration from the authority receiving the price registration form, the enterprise may organize the sale of goods and services at the registered price (for goods prone to speculation and hoarding, specific regulations will be provided for each case).

4. Authority receiving price registration forms

4.1. The Ministry of Finance (Price Management Department) receives price registration forms for goods and services as prescribed in Appendix 1b of this Circular (excluding items listed in Point 20 of Appendix 1b) from enterprises under the jurisdiction of the Government, Prime Minister, Ministries, and sectors as prescribed in Clause 2, Section VI, Part B of this Circular.

4.2. Sectoral management authorities receive price registration forms for goods and services as prescribed in Appendix 1b of this Circular (excluding items listed in Point 20 of Appendix 1b) from enterprises under the jurisdiction of sectoral management authorities as prescribed in Clause 2, Section VI, Part B of this Circular.

4.3. Provincial Departments of Finance and specialized management departments receive price registration forms for goods and services as prescribed in Appendix 1b of this Circular for enterprises operating under provincial management as prescribed in Clause 2, Section VI, Part B of this Circular.

5. Rights and responsibilities of organizations and individuals:

5.1. For the authority receiving price registrations: the authority receiving price registration forms is responsible for examining the registration forms within a maximum of seven working days.

- Receiving price registrations submitted by enterprises; checking the legality and rationality of the registration forms; reviewing the content of the registered prices; having the right to require enterprises to stop selling goods at the registered prices if unreasonable elements are found in the registered prices and requiring enterprises to re-register.

- Implementing confidentiality measures for price registration forms submitted by enterprises; protecting the explanation of the pricing structure and the registered price levels until the new registered prices become effective; using the registered prices only for stabilizing prices and controlling financial obligations as required by law.

5.2. For enterprises registering prices:

- Before issuing a decision on the selling price of goods and services, enterprises must register prices with the competent authority.

- Enterprises registering prices for goods and services must submit the price registration form to the authority receiving registration forms as prescribed in Points 4.1 and 4.2, Clause 4, Section VI, Part B of this Circular, following the guidelines in Appendix 4 attached to this Circular. The price registration form must be prepared in three copies (one copy retained by the enterprise, one copy sent to the Ministry of Finance's registration authority, and one copy sent to the sectoral management ministry).

- Enterprises registering commodity and service prices shall submit price registration files to the authority responsible for receiving such registrations as stipulated in Point 4.3, Clause 4, Section VI, Part B of this Circular, following the guidance provided in Appendix 4 attached hereto. The price registration file shall be prepared in three copies (one copy retained by the enterprise, one copy sent to the Department of Finance, and one copy sent to the specialized management department).

- Enterprises registering prices shall bear legal responsibility for the registered price levels.

- Publicly disclose pricing information; publicly display the registered selling prices throughout their system, strictly adhere to the posted prices, and simultaneously comply with price stabilization measures as prescribed by law when the market experiences abnormal fluctuations.

VII. PRICE DECLARATION FOR COMMODITIES AND SERVICES

1. List of Commodities and Services Required to Declare Prices

1.1. The list of commodities and services required to declare prices includes those listed in Appendix 1c attached to this Circular (excluding the categories of assets, goods, and services priced by the State as specified in Clause 4, Article 1 of Decree No. 75/2008/ND-CP; and the categories of goods and services specified in Clause 1, Section VI, Part B of this Circular).

1.2. Based on local circumstances, the People's Committee of the province shall specify the list of commodities and services required to declare prices according to the locality, in addition to the list prescribed in Appendix 1c.

2. Enterprises Required to Declare Prices

All enterprises producing and trading in goods and services as specified in Point 1.1, Clause 1, Section VII of this Circular must declare prices.

3. Form, Content, and Procedures for Price Declaration

3.1. Price declaration is carried out through enterprises producing and trading sending price declaration documents to the authority responsible for receiving declarations (including initial price declarations and re-declarations).

3.2. Contents of the price declaration file:

- The declared price level is the selling price to customers set by the enterprise producing and trading in accordance with the specifications, standards, and quality of the goods and services (or the price agreed upon with customers).

- A price declaration table or decision on pricing.

3.3. Procedures for Price Declaration:

- Enterprises prepare and submit price declaration files to the authority responsible for receiving such files as prescribed in this Circular when there is a decision to change prices.

- Initial price declaration is conducted when enterprises producing and trading begin declaring prices to the authority responsible for receiving such files as prescribed in this Circular.

- Re-declaration of prices is carried out when enterprises producing and trading adjust prices upwards or downwards compared to the previous declared price level.

4. Authorities Receiving Price Declarations

3.1. The Ministry of Finance (Price Management Department) receives price declaration files from state-owned enterprises producing and trading in goods and services under central management (Ministry, sector) as specified in Point 1.1, Clause 1, Section VII, Part B of this Circular.

3.2. Ministries and sectors receive price declaration files from state-owned enterprises producing and trading in goods and services under their management as specified in Point 1.1, Clause 1, Section VII, Part B of this Circular.

3.2. Provincial Departments of Finance receive price declaration files from state-owned enterprises producing and trading in goods and services under provincial management as specified in Point 1.2, Clause 1, Section VII, Part B of this Circular.

5. Rights and Responsibilities of Organizations and Individuals

5.1. For authorities receiving price declaration files:

a) Upon receipt of the price declaration file, they shall check its legality and rationality, without approving the prices declared by enterprises; only record the date and stamp the declaration file according to administrative procedures.

b) Only use the prices declared by enterprises to serve price stabilization objectives when the market experiences abnormal fluctuations and to monitor compliance with financial obligations as prescribed by law.

5.2. For enterprises declaring prices:

a) Enterprises required to declare prices must declare the selling prices of their goods and services according to the list specified in Appendix 1c and the guidance provided in Appendix 5 attached to this Circular to the authority responsible for receiving price declaration files.

b) The price declaration file for goods and services specified in Point 1.1, Clause 1, Section VII, Part B of this Circular shall be prepared in four copies: one copy retained by the declaring enterprise, one copy sent to the Ministry or sector managing the enterprise, one copy sent to the Price Management Department (Ministry of Finance), and one copy sent to the Provincial Department of Finance.

The price declaration file for goods and services specified in Point 1.2, Clause 1, Section VII, Part B of this Circular shall be prepared in three copies: one copy retained by the declaring enterprise, one copy sent to the Provincial Department of Finance, and one copy sent to the Provincial Department of Industry and Trade. The Provincial Department of Finance shall be responsible for compiling and submitting monthly reports on the situation of price declarations in the locality to the Price Management Department (Ministry of Finance).

c) Enterprises declaring prices must sell goods and services at the declared prices, publicly disclose pricing information, and bear legal responsibility for the accuracy of the declared prices.

C. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. It abolishes Circular No. 15/2004/TT-BTC dated March 9, 2004, issued by the Ministry of Finance guiding the implementation of Decree No. 170/2003/NĐ-CP dated December 25, 2003, of the Government detailing the implementation of certain provisions of the Pricing Law, and any previous regulations that conflict with this Circular.

2. During the implementation process, if difficulties or obstacles arise, please report them to the Ministry of Finance for study and resolution./.