Decision No. 1079/QD-BTC On applying price stabilization measures for milk products intended for children under six years old

Pursuant to …;

Regarding the application of price stabilization measures for products

milk intended for children under six years old

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THE MINISTER OF FINANCE

Pursuant to the Price Law No. 11/2012/QH13 dated June 20, 2012;

Pursuant to the Government Decree No. 177/2013/NĐ-CP dated November 14, 2013 detailing and guiding the implementation of certain provisions of the Price Law;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Resolution No. 29/NQ-CP dated May 2, 2014 of the Government on the regular meeting in April 2014;

After receiving the opinion of the Ministry of Justice in Circular No. 2270/BTP-PLDSKT dated May 12, 2014, and the Ministry of Industry and Trade in Circular No. 300/BCT-TTTN dated May 12, 2014;

At the proposal of the Director of the Price Management Department,

DECISION:

Article 1. Implementing price stabilization for milk products intended for children under six years old (hereinafter referred to as milk products) through the following measures:

1. Managing maximum prices according to Clause 7, Article 17 of the Price Law for milk products within a period of 12 months from the date this Decision takes effect.

2. Implementing price registration measures according to Clause 4, Article 17 of the Price Law for milk products within a period of 6 months from the date this Decision takes effect.

Article 2. The maximum prices of milk products are defined as follows:

1. Maximum price in the wholesale stage:

a) Issuing maximum prices in the wholesale stage for 25 milk products attached as an appendix to this Decision.

b) Based on the maximum prices of the 25 milk products specified in point a of this clause, organizations and individuals producing and trading in milk products (hereinafter referred to as organizations and individuals) shall be responsible for determining the maximum price according to the following guidelines:

- For other milk products circulating in the market, organizations and individuals shall base their determination on the general pricing method for goods and services issued by the Ministry of Finance and compare the price of such milk products with those already published maximum prices to determine the maximum price, which they shall submit to the competent authority for price management.

- For new milk products not yet circulating in the market, organizations and individuals shall base their determination on the general pricing method for goods and services issued by the Ministry of Finance and compare it with the prices of milk products already circulating in the market and published maximum prices to determine the maximum price for new milk products, which they shall submit to the competent authority for price management.

2. Maximum price in the retail stage:

a) The maximum price in the retail stage shall be determined by adding the maximum price in the wholesale stage plus related costs according to the guidance of the competent authority for price management, but not exceeding 15% of the maximum price in the wholesale stage.

b) Organizations and individuals engaged in retail sales subject to price registration according to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Price Law, based on the provisions of point a of this clause and the guidance of the competent authority for price management, shall determine the maximum price in the retail stage and submit it to the competent authority for price management.

3. During the implementation of the regulations on maximum prices for milk products (including the maximum prices announced at point a of Clause 1 of this Article), if there are factors leading to changes, the competent authority for price management will consider adjustments based on market trends, pricing bases, and actual production and business costs of organizations and individuals.

In cases where there are reports from organizations and individuals, the competent authority for price management will examine and resolve within five working days from the date of receipt of complete information.

Article 3. Implementation

1. Responsibilities of organizations and individuals producing and trading in milk products:

a) Based on the guidelines at point b of Clause 1 and Clause 2 of Article 2 of this Decision, determine the maximum price in the wholesale stage and the maximum price in the retail stage, and submit them to the competent authority for price management as the basis for implementing the registration price regulations;

b) On the basis of the maximum price submitted to the competent authority for price management and approved, implement price registration according to Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Price Law and the guidance of the Ministry of Finance;

c) Publicize prices at headquarters, selling locations, and distribution channels (for the maximum price in the wholesale stage) in accordance with the regulations.

2. Responsibilities of the competent authority for price management:

a) The competent authority for price management of the Ministry of Finance shall be responsible for:

- Guiding the implementation of this Decision;

- Receiving requests for maximum prices and registration files to review costs forming the maximum price, and supervise price registration according to the law for organizations and individuals required to register prices at the Ministry of Finance;

- Publicizing the maximum prices of milk products of organizations and individuals required to register prices at the Ministry of Finance;

- Organizing and implementing cooperation with functional agencies of ministries, sectors, and localities to inspect the implementation of maximum prices and price registration for milk products;

- Within its jurisdiction, promptly proposing appropriate adjustments in response to market developments during the implementation of price stabilization measures;

b) Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for:

- Organizing the implementation of price stabilization measures at the local level according to the guidance of the Ministry of Finance; guiding related costs within the maximum limit specified in point a of Clause 2 of Article 2 of this Decision;

- Based on the guidance of the Ministry of Finance, receiving requests for maximum prices and registrations, reviewing costs forming the maximum price, and supervising price registration according to the law for organizations and individuals required to register prices within their jurisdiction;

- Publicizing the maximum prices of milk products of organizations and individuals required to register prices within their jurisdiction;

- Reporting monthly results of implementing price stabilization measures and additional requirements to the Ministry of Finance;

- Directing market management agencies and other inspection and supervision forces within their jurisdiction to inspect the implementation of price stabilization measures stipulated in this Decision; handling violations within their jurisdiction or referring them to higher authorities for handling.

3. Requesting relevant ministries and sectors to direct and guide related functional agencies to cooperate with price management agencies at all levels in implementing this Decision.

4. The Central Committee of the Vietnam Fatherland Front and its member organizations, the Vietnam Consumers Association shall coordinate to implement this Decision within their respective authorities and responsibilities, and promptly reflect information on the situation to the Ministry of Finance for coordinated resolution.

Article 4. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from June 1, 2014; it shall be implemented in the wholesale stage no later than ten days after the date this Decision comes into force; it shall be implemented in the retail stage no later than twenty days after the date this Decision comes into force.

2. The Director of the General Department of Taxation, the Director of the General Department of Customs, the Director of the Enterprise Finance Department, and the heads of relevant units under the Ministry of Finance, related enterprises, organizations, and individuals shall clearly define their respective responsibilities to implement this Decision.

Any difficulties or obstacles encountered during implementation should be promptly reflected to the Ministry of Finance for timely resolution.