Circular No. 122/2010/TT-BTC amends and supplements Circular No. 104/2008/TT-BTC dated November 13, 2008, 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 Price Ordinance and Decree No. 75/2008/NĐ-CP dated June 9, 2008, of the Government amending and supplementing certain provisions 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

Amending and supplementing Circular No. 104/2008/TT-BTC dated November 13, 2008 of the Ministry of Finance guiding the implementation of 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 of the Government amending and supplementing some articles of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance.

__________________________________________________________

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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 amending and supplementing some articles 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);

Pursuant to Decision No. 116/2009/QĐ-TTg dated September 29, 2009 of the Prime Minister on supplementing the list of goods and services subject to price stabilization;

Pursuant to Circular No. 3450/VPCP-KTTH dated May 24, 2010 of the Government Office on issuing a circular on price management;

The Ministry of Finance amends and supplements Circular No. 104/2008/TT-BTC dated November 13, 2008 of the Ministry of Finance guiding the implementation of Decree No. 170/2003/NĐ-CP and Decree No. 75/2008/NĐ-CP (hereinafter referred to as Circular No. 104/2008/TT-BTC) as follows:

Article 1. Amending and supplementing Part A of Circular No. 104/2008/TT-BTC as follows:

"A. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the implementation of price stabilization; the authority and responsibility of agencies, organizations, and individuals in establishing, submitting, reviewing pricing plans, deciding prices; the dossier and procedures for price negotiation; monitoring factors forming prices; forms and procedures for registering and declaring prices of goods and services.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2.1. Enterprises, organizations, cooperatives, households, and individuals both within and outside Vietnam engaged in production and business activities in Vietnam (hereinafter collectively referred to as production and business entities) shall base themselves on the provisions of this Circular to implement price stabilization measures; establish and submit pricing plans, negotiation dossier; register and declare prices of goods and services and other price management measures as prescribed by law.

2.2. State management agencies with jurisdiction, based on the provisions of this Circular, shall implement price stabilization; establish and submit pricing plans; decide prices; monitor factors forming prices; organize price negotiations; accept, supervise, and inspect the implementation of price registration and declaration, compliance with state laws on prices by production and business entities.

2.3. In cases where international treaties to which Vietnam is a party have provisions on prices for foreign organizations and individuals engaged in production and business activities in Vietnam that differ from those stipulated in this Circular, such provisions shall be applied according to the provisions of those international treaties."

Article 2. Amending and supplementing Section I of Part B of Circular No. 104/2008/TT-BTC as follows:

1. Amending Clause 1 of Section I of Part B:

"1. The list of goods and services subject to price stabilization as specified in Clause 2, Article 1 of Decree No. 75/2008/NĐ-CP and Decision No. 116/2009/QĐ-TTg dated September 29, 2009 of the Prime Minister."

2. Amending Clause 2 of Section I of Part B:

"2. Conditions for applying price stabilization measures

2.1. State management agencies with jurisdiction shall announce the application of price stabilization measures as prescribed by law when domestic market prices of goods and services listed in the price stabilization list fluctuate abnormally, occurring in at least one of the following situations:

a) Prices increase higher than the rate of increase of input costs, or higher than the import cost price calculated by production and business entities based on price formation factors (production costs, production costs, circulation costs, profit, etc.) not in accordance with the policies, economic-technical norms, and pricing regulations issued by competent state agencies.

Prices decrease unreasonably lower than production costs and product costs calculated according to policies, economic-technical norms, and pricing regulations issued by competent state agencies.

b) Prices increase or decrease without justification, while price formation factors do not change in cases of natural disasters, fires, epidemics, enemy attacks, financial crises, temporary supply-demand imbalance, or unfounded rumors about price increases or decreases.

c) Prices increase or decrease unreasonably due to production and business entities abusing their monopoly or dominant market position, or engaging in price-fixing cartels as stipulated by the Competition Law and related laws.

2.2. For goods and services listed in the price stabilization list decided by provincial People's Committees (hereinafter referred to as Provincial People's Committees), the Department of Finance shall base itself on the above conditions and local actual conditions to advise the Provincial People's Committee to specify the conditions for applying price stabilization measures for goods and services suitable to the actual situation of the locality during different periods."

3. Amending Clause 3 of Section I of Part B:

"3. Authority to decide on price stabilization measures

3.1. When prices of goods and services listed in the price stabilization list fluctuate abnormally as stipulated in Clause 2, Article 2 of this Circular, the Ministry of Finance shall report to the Prime Minister for decision and announcement of the application of one or more 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 manage supply and demand for goods and services (between production and consumption, between production and import-export, between regions in the country, and between different times of the year,...);

b) Purchasing and selling national reserve goods under the state reserve system;

c) Monitoring inventory of goods of production and business entities;

d) Appropriate financial and monetary policies as prescribed by law.

3.2. The Minister of Finance decides price stabilization measures as provided for in point 3.1 of this clause if authorized by the Prime Minister; at the same time, based on their authority and according to the actual situation, decides and announces the application of one or several price stabilization measures as prescribed in point 2 of clause 3, Article 1 of Decree No. 75/2008/ND-CP, specifically as follows:

a) Prescribing maximum prices, minimum prices, and price ranges for goods and services listed in the price stabilization list, serving as a basis for organizations and individuals engaged in production and business to determine specific purchase and sale prices;

b) Controlling factors forming prices for goods and services listed in the price stabilization list: The Ministry of Finance shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to implement and organize the execution as stipulated in Clause 22a of Article 1, Decree No. 75/2008/ND-CP and Article 6 of this Circular;

c) Registering prices and declaring prices: carried out in accordance with Clause 22b of Article 1, Decree No. 75/2008/ND-CP and Articles 7 and 8 of this Circular;

d) Publicizing price information in accordance with Clause 22c of Article 1, Decree No. 75/2008/ND-CP;

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

- Deciding to suspend the implementation of unreasonable prices for goods and services determined by organizations and individuals engaged in production and business, and requiring them to revert to the previous reasonable price immediately before any abnormal fluctuations;

- Issuing warnings and fines in accordance with laws on administrative penalties in the field of pricing and related laws; recovering price differences due to unreasonable price increases by organizations and individuals engaged in production and business into the State budget;

- Recommending competent authorities to revoke business registration certificates and licenses issued with a term or without a term to organizations and individuals engaged in production and business in accordance with the law;

- Deciding to organize inspection teams to check compliance with national regulations on price management, inspecting price listings and sales of goods and services in accordance with prices set by competent authorities, registered prices, declared prices, and listed prices; imposing administrative penalties in the field of pricing in accordance with the law;

- Deciding to implement thrift measures, combat waste, reduce product costs; economic and technical measures to support production and business operations in accordance with the law.

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

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

b) Financial and monetary measures in accordance with the law;

c) Registering prices and declaring prices: carried out in accordance with Clause 22b of Article 1, Decree No. 75/2008/ND-CP and Articles 7 and 8 of this Circular;

d) Publicizing price information in accordance with Clause 22c of Article 1, Decree No. 75/2008/ND-CP;

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

- Deciding to suspend the implementation of unreasonable prices for goods and services determined by organizations and individuals engaged in production and business compared to current regulations and requiring them to revert to the previous reasonable price immediately before any abnormal fluctuations;

- Issuing warnings and fines in accordance with laws on administrative penalties in the field of pricing and related laws; recovering price differences due to unreasonable price increases by organizations and individuals engaged in production and business into the State budget;

- Revoking business registration certificates and licenses issued with a term or without a term to organizations and individuals engaged in production and business in accordance with the law;

- Deciding to organize inspection teams to control factors forming prices; inspecting and auditing compliance with national regulations on price management, inspecting price listings and sales of goods and services in accordance with prices set by competent authorities, registered prices, declared prices, and listed prices; imposing administrative penalties in the field of pricing in accordance with the law;

- Deciding to implement thrift measures, combat waste, reduce product costs; economic and technical measures to support production and business operations in accordance with the law.”

4. Amend point c, item 4.1, clause 4, section I Part B:

“c) Take the lead in coordinating with relevant agencies to organize the implementation of controlling factors forming prices for goods and services specified in Clause 22a of Article 1, Decree No. 75/2008/ND-CP and Article 6 of this Circular, or advise the Minister of Finance to direct specialized agencies under the Ministry or Provincial Departments of Finance (hereinafter referred to as Provincial Departments of Finance) to control factors forming prices for goods and services of organizations and individuals engaged in production and business within their jurisdiction.”

5. Amend point a, point b, item 4.2, clause 4, section I Part B:

“a) Take the lead in coordinating with relevant agencies and units in the province to promptly recommend the Chairman of the Provincial People's Committee to organize the implementation of price stabilization measures decided by the Prime Minister or the Minister of Finance; recommend the Chairman of the Provincial People's Committee to decide and announce the application of price stabilization measures within their authority at the local level.

b) Take the lead in coordinating with relevant agencies and units in the province to control factors forming prices for goods and services within their authority as prescribed in Clause 22a of Article 1, Decree No. 75/2008/ND-CP, Article 6 of this Circular, and directives from the Minister of Finance; carry out inspections of compliance with laws on pricing and other related laws such as: inspecting price listings, sales of goods and services in accordance with prices set by competent authorities, listed prices; registering prices, declaring prices, and publicizing price information for types of goods and services required to be registered and declared prices (within their authority); promptly detecting and handling violations in accordance with the Price Law and related laws; inspecting compliance with price stabilization measures.”

6. Add clause 6 to section I Part B:

"6. On a monthly basis and upon urgent requests from the competent authority deciding on price stabilization measures, the General Department of Customs shall be responsible for sending statistical reports on export and import commodity prices to the Price Management Agency; local customs authorities shall be responsible for sending statistical reports on export and import commodity prices to the Finance Departments in their respective localities where they operate."

Article 3. Amend and supplement Section II Part B Circular No. 104/2008/TT-BTC:

1. Amend the title of Section II as follows:

“II. Powers and responsibilities of agencies, organizations, and individuals in establishing, submitting, reviewing pricing plans, and determining prices of goods and services priced by the State”

2. Add the following after the title of Section II and above Clause 1 of Section II Part B:

“Based on the provisions of Clause 5 and Clause 6, Article 1 of Decree No. 75/2008/NĐ-CP on the authority to price assets, goods, and services priced by the State, ministries, sectors, provincial People's Committees; production and business organizations and individuals shall be responsible for establishing, submitting, and reviewing pricing plans and determining prices in accordance with the provisions of Clause 5, Article 1 of Decree No. 75/2008/NĐ-CP and the provisions of Section II of Circular No. 104/2008/TT-BTC and the provisions of this Circular.”

3. Amend Item 1.1 of Clause 1 of Section II Part B:

“1.1. The method for determining land prices and price ranges for various types of land shall be established by the Ministry of Natural Resources and Environment, submitted to the Government for promulgation after receiving written comments from relevant ministries, sectors, provincial People's Committees, and the review opinion of the Ministry of Finance.”

4. Add Item 1.4 to Clause 1 of Section II Part B:

“1.4. Price ranges for land rental and water surface rental shall be established by the Ministry of Finance, submitted to the Government for decision after receiving written comments from relevant ministries, sectors, and provincial People's Committees.”

5. Amend Items 3.2, 3.3, 3.4, 3.7, and 3.8 of Clause 3 of Section II Part B:

 “3. Powers and responsibilities of agencies, organizations, and individuals regarding assets, goods, and services within the price determination authority of the Minister of Finance:

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

- For maximum purchase price, minimum selling price, import costs, and export costs without predetermined standards (costs for exchanging goods and relief aid exports), and storage costs without predetermined standards for national reserve goods under the plan year as stipulated by the National Reserve Law managed by the State Reserves Administration (excluding national reserve goods in the defense, security, and confidential sectors), the units and organizations assigned the task of purchasing, selling, exporting, and distributing shall prepare a pricing plan to submit to the State Reserves Administration for approval; subsequently, the State Reserves Administration shall send a letter to the Price Management Agency for review and submission to the Minister of Finance for decision.

- For maximum purchase price and minimum selling price (excluding national reserve goods in the defense, security, and confidential sectors), import costs, and export costs without predetermined standards (costs for exchanging goods and relief aid exports), and storage costs without predetermined standards for national reserve goods under the plan year as stipulated by the National Reserve Law managed by ministries and sectors (including national reserve goods in the defense, security, and confidential sectors), the direct management entity of national reserve goods shall prepare a pricing plan to submit to the managing ministry or sector for approval; subsequently, the managing ministry or sector shall send a letter to the Price Management Agency for review and submission to the Minister of Finance for decision.

3.3. Prices of public utility products and services ordered by state agencies with authority, and goods and services produced according to state orders paid for with state budget funds (excluding goods and services within the price determination authority of other ministries, sectors, and provincial People's Committees), implemented through direct contracting as stipulated by the Public Procurement Law and not through auction, shall be prepared by the producing and trading organizations and individuals and submitted to the managing ministry or sector for review; subsequently, the managing ministry or sector shall send a letter requesting the Minister of Finance for decision.

3.4. Domestic air cargo fare price range; service takeoff and landing fees; air traffic control departure and arrival fees; support for flight activities; security screening; passenger service; other service price ranges at airports according to the laws on aviation shall be prepared by the producing and supplying organizations and individuals and submitted to the Civil Aviation Administration for establishing domestic air cargo fare price ranges, levels, and other related service price ranges in the aviation sector; reported to the Ministry of Transport for review; subsequently, the Ministry of Transport shall send a letter requesting the Minister of Finance for decision.

3.7. Exemption and reduction of postal and telecommunications service fees in cases of emergency information serving defense, security tasks, and special political tasks; serving flood, storm, disaster prevention, rescue, and other disasters; serving medical emergencies, disease prevention, and other emergency information according to the laws on emergency situations shall be exempted and reduced in fees for postal and telecommunications services. The Ministry of Finance shall decide the appropriate level (or ratio) of exemption and reduction after coordinating with the Ministry of Information and Communications on the implementation of the task.

3.8. The Price Management Agency shall be responsible for leading and coordinating with relevant agencies to review files and assess pricing plans within the authority of the Minister of Finance submitted by ministries, sectors, and producing and trading organizations and individuals for the Minister of Finance's decision; inspect the implementation of pricing decisions made by the Minister of Finance.”

6. Amend the content of Item 14 of Section II Part B:

“14. Powers and responsibilities of agencies, organizations, and individuals regarding assets, goods, and services within the price determination authority of provincial People's Committees:”

The provincial People's Committee shall specifically assign the competent agency or organization to guide, prepare, submit for approval, and review the pricing plan for each commodity or service within the provincial People's Committee's price decision-making authority, in accordance with Decree No. 75/2008/NĐ-CP, the provisions of this Circular, and relevant laws. In cases where the agency responsible for guiding and developing the pricing plan is the Department of Finance, the Department of Finance shall take the lead, coordinate with related agencies, develop the plan, and directly submit it to the provincial People's Committee for decision.

Article 4. Amend Clause 2, Clause 3 of Item III Part B of Circular No. 104/2008/TT-BTC:

1. Amend the title of Item III:

"III. DOCUMENTATION FOR THE PRICING PLAN AND CONTENTS OF THE SUBMITTED PRICING PLAN"

2. Amend Clause 2, Clause 3 of Item III:

“2. The content of the explanation of the pricing plan includes:

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

2.2. The bases for setting or adjusting prices (relevant legal regulations).

2.3. A calculation of the cost of goods or services produced domestically (if applicable) or the import cost (if imported); the selling price of goods or services, and the proposed pricing structure must comply with the Pricing Regulation issued by the Ministry of Finance. If there is a specific Pricing Regulation for certain goods or services issued by the competent authority according to the law, then the pricing should be conducted in accordance with that regulation.

- Compare the factors forming the price and the level of the proposed pricing plan with those of the previously approved pricing plan; clearly state the reasons for increases (+) or decreases (-).

- Compare the proposed price level with the prices of similar goods or services in the domestic market and in some countries in the region (if available) using the pricing calculation method stipulated in the Pricing Regulation issued by the competent authority.

2.4. The impact of the new price on the activities of other organizations and individuals engaged in production and business, national budget revenues, and the living standards and society, including consumer income.

2.5. Measures to organize and implement the new price.

3. The request letter for price decision and the Pricing Plan prepared and submitted by the agency, organization, or individual to the competent authority for reviewing the pricing plan and deciding the price: Shall be carried out according to the unified form at Appendix 2 attached to this Circular.”

Article 5. Amend Item IV Part B of Circular No. 104/2008/TT-BTC:

“IV. DOCUMENTATION AND PROCEDURES FOR PRICE NEGOTIATIONS

1. Documentation for price negotiations

1.1. Directive from the competent state management agency requiring price negotiations or a request for price negotiations from either (or both) the buyer and seller of the goods or services requiring negotiation sent to the competent authority organizing the price negotiations.

1.2. Negotiation pricing plan:

a) The seller who is required to negotiate prices by directive from the competent authority or who has requested price negotiations themselves must prepare a negotiation pricing plan and send it to the competent authority organizing the price negotiations to explain the following contents:

- Production, consumption, export-import, supply-demand situation of the goods or services;

- Analysis of the proposed negotiation price: Comparison with similar goods or services prices on the market:

+ Pricing bases.

+ Compilation of a summary table of the pricing structure based on the price-forming factors, explaining the pricing structure (with analysis and comparison with the previous price-forming structure before being required or requested to negotiate prices; clearly stating the reasons for increases (+) or decreases (-)).

+ Analysis of the impact of the new price on production and business efficiency; income of workers in the enterprise and compliance with national budget obligations.

+ Issues not yet agreed upon between the seller and buyer, arguments from the seller regarding unresolved issues.

+ Recommendations (if any).

b) The buyer who is required to negotiate prices by directive from the competent authority or who has requested price negotiations themselves must prepare a negotiation pricing plan and send it to the competent authority organizing the price negotiations to explain the following contents:

- Compilation of a summary table of the pricing structure based on the price-forming factors of the goods or services produced by the buyer calculated at the new input price: the price the buyer intends to purchase from the seller and the summary table of the pricing structure based on the price-forming factors if the buyer must purchase at the price proposed by the seller to sell directly to consumers. Explain the pricing structure (with analysis and comparison with the previous input price before being required or requested to negotiate prices).

- Comparison with similar goods or services prices on the market.

- Analysis of the impact of the new price on production and business efficiency, worker income in the enterprise, compliance with national budget obligations, and consumer acceptance.

- Issues not yet agreed upon between the buyer and seller, arguments from the buyer regarding unresolved issues.

- Other recommendations (if any).

1.3. When there is a directive for mandatory price negotiations from the competent authority, both the buyer and seller must prepare the negotiation documentation according to the above guidance.

1.4. The negotiation documentation shall be carried out according to the unified form at Appendix 3 attached to this Circular and prepared by the buyer or seller in accordance with the provisions of this Article, submitted to the competent authority organizing the price negotiations at least three (3) copies in advance and simultaneously sent one (1) copy to the trading partner (buyer or seller).

2. Procedures and sequence for price negotiations

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

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

2.3. Sequence of price negotiations:

a) After receiving the price negotiation dossier, within the latest five (5) working days, if the price negotiation dossier of organizations and individuals engaged in production and business has not been fully implemented according to regulations, the competent authority organizing price negotiation shall issue a document requesting the parties involved in the price negotiation to comply with the regulations.

b) Within fifteen (15) working days from the date of receipt of a complete and valid price negotiation dossier as prescribed in Clause 1 of this Article, the competent authority organizing price negotiation must organize the price negotiation.

c) At the Price Negotiation Conference:

- The competent authority organizing price negotiation presents the purpose, requirements, and content of the price negotiation; requests the buyer and seller to present their negotiation dossier and plan; and listens to the opinions of related agencies participating in the price negotiation.

- The competent authority organizing price negotiation concludes and records the minutes (signed by the authority organizing the price negotiation, representatives of the buyer, and representatives of the seller), then issues a document announcing the results of the price negotiation for both the buyer and seller to implement.

d) Organizations and individuals engaged in production and business who request price negotiation have the right to withdraw the price negotiation dossier to negotiate among themselves on the purchase and sale prices of the goods and services subject to negotiation before the competent authority organizing price negotiation.

2.4. Responsibilities of the authority organizing price negotiation:

a) Before organizing the price negotiation, the competent authority organizing price negotiation must collect and analyze necessary information related to the goods and services subject to negotiation; analyze factors affecting the seller and buyer that form the price, creating conditions for both the buyer and seller to agree on the price at the Price Negotiation Conference.

b) Decide on the price agreed upon by all parties during the price negotiation or decide on a temporary price in case the parties cannot agree on the price, for the buyer and seller to implement according to Clause 9, Article 1 of Decree No. 75/2008/NĐ-CP.

Article 6. Amend Item V Part B Circular No. 104/2008/TT-BTC:

V. MONITORING FACTORS FORMING PRICES

1. When the market price of goods and services fluctuates abnormally as stipulated in Article 2 of this Circular or when it is necessary to monitor prices according to state management requirements regarding prices, the competent authority decides on measures to monitor factors forming prices.

2. The list of goods and services subject to monitoring factors forming prices includes:

2.1. Goods and services under the State's pricing authority as prescribed in Clause 4, Article 1 of Decree No. 75/2008/NĐ-CP.

2.2. Goods and services listed in the price stabilization program as prescribed in Article 2 of this Circular (liquefied petroleum gas - LPG is excluded).

2.3. Goods and services required to register and declare prices as prescribed in this Circular.

2.4. Goods and services subject to monitoring factors forming prices as requested by the Prime Minister, Ministers, or Chairmen of Provincial People's Committees when the selling price of goods and services on the market is excessively high or low compared to the price calculated according to relevant policies, economic and technical norms, and pricing regulations issued by competent state authorities, affecting economic and social development and consumer rights.

3. The basis for the competent authority to monitor factors forming prices of goods and services is legal documents of the Ministry of Finance and competent authorities regarding asset pricing rules, production cost accounting, product costs, circulation fees, and related laws.

4. Procedures, formalities, deadlines, and authority for monitoring factors forming prices are carried out according to the provisions of Clause 2, Clause 3, and Clause 5, Article 22a of Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP.

5. Handling violations by organizations and individuals when setting prices of goods and services not in accordance with factors forming prices as prescribed by the Ministry of Finance and competent authorities; not in accordance with regulations on production cost accounting, product costs, circulation fees, and related laws, shall be implemented according to Clause 4, Article 22a of Clause 10, Article 1 of Decree No. 75/2008/NĐ-CP and economic and administrative measures prescribed in Article 2 of this Circular, specifically as follows:

- Administrative penalties according to laws on administrative sanctions in the field of pricing and related laws;

- Suspension of implementation of prices set by organizations and individuals engaged in production and business that are unreasonable compared to current regulations; requiring organizations and individuals engaged in production and business to buy and sell according to the price prescribed by competent state authorities or decided by organizations and individuals engaged in production and business before unreasonable increases or decreases in prices;

- Seizing the price difference due to organizations and individuals engaged in production and business setting prices higher than the factors forming prices into the State budget;

- Requesting organizations and individuals engaged in production and business to adjust the selling price of goods and services in line with factors forming prices after excluding incorrect calculations according to the law and implementing sales according to the adjusted price;

- Recommending competent authorities to revoke business condition certificates, time-limited or unlimited business licenses according to the law;

- In cases where violations indicate criminal offenses, competent authorities monitoring factors forming prices as prescribed in Decree No. 75/2008/NĐ-CP transfer files to competent authorities for handling according to the law.”

Article 7. Amending Section VI Part B Circular No. 104/2008/TT-BTC:

"VI. REGISTRATION OF GOODS AND SERVICE PRICES

1. List of goods and services required to register prices

1.1. Price registration is the act of organizations and individuals engaged in production and business registering the selling prices of goods and services they determine according to mandatory and regular requirements, both when there are abnormal fluctuations in market prices and during normal price movements for goods and services listed under the price stabilization category as specified in Clause 1, Article 2 of this Circular, except for pharmaceutical products for human use which have already been subject to price declaration in accordance with the guidelines of the Ministry of Health, Ministry of Finance, and Ministry of Industry and Trade; liquefied petroleum gas (LPG) and infant formula milk are specifically included. Additionally, coal; textbooks; paper including printing paper, newspaper printing paper, and writing paper are also added. For postal and telecommunications services, price registration shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Price registration must be completed before organizations and individuals engaged in production and business sell their products on the market for the first time; before adjusting prices of products that are already being sold normally within the list of items required to register prices; or upon request from competent state authorities.

1.2. Based on actual conditions at the local level, the People's Committee of the province shall supplement the list of goods and services required to register prices in its locality (outside the list specified in Point 1.1 of this Clause).

2. Entities responsible for price registration

2.1. Organizations and individuals engaged in production and business of goods and services shall register import prices, wholesale prices, retail prices, and recommended retail prices uniformly nationwide or regionally as follows:

- In cases where organizations and individuals only engage in wholesale sales, they shall register wholesale prices;

- In cases where organizations and individuals engage in both wholesale and retail sales, they shall register both wholesale and retail prices;

- In cases where organizations and individuals are importers and exclusive distributors, they must register import prices, wholesale prices, and recommended retail prices;

- In cases where organizations and individuals are exclusive distributors or general agents, they must register wholesale prices and recommended retail prices.

2.2. Organizations and individuals engaged in production and business of goods and services not covered by Articles 7 and 8 of this Circular shall not need to register or declare prices but shall publicly display prices and disclose pricing information in accordance with current laws.

3. Time, form, content of price registration, and Price Registration Form

3.1. Time of price registration:

Before organizations and individuals engaged in production and business sell goods and services listed under the price registration list at new prices, they must prepare and submit the Price Registration Form to the competent state authority responsible for receiving such forms.

3.2. Form and procedures for price registration:

Organizations and individuals engaged in production and business shall submit the Price Registration Form to the competent state authority responsible for receiving such forms. Price registration includes initial registration and re-registration:

a) Initial registration is conducted before organizations and individuals engaged in production and business sell goods and services listed under the price registration list for the first time or when they first register prices according to legal provisions.

b) Re-registration is conducted when organizations and individuals engaged in production and business adjust prices up or down compared to the previous registration or when requested by the competent state authority if the initial registration and subsequent re-registrations do not comply with legal regulations.

3.3. Content of the Price Registration Form:

- A price registration document from the organization or individual engaged in production and business, specifying the expected effective period of the registered price;

- A table listing specific price levels tied to the quality of goods and services and the location of sale. The registered price is calculated by the organization or individual engaged in production and business according to the asset, goods, and service pricing regulations issued by authorized agencies as stipulated by law;

- An explanation of the pricing structure based on factors forming the price.

The Price Registration Form is specified in Appendix 4 attached to this Circular.

4. Authorities receiving the Price Registration Form and entities required to register prices

4.1. The Ministry of Finance (Price Management Department) shall primarily receive the Price Registration Forms for goods and services specified in this Circular (excluding those goods and services for which separate registration guidelines have been issued by the Ministry of Finance and the specialized management ministry or by the specialized management ministry within its jurisdiction) from companies, including: State-owned enterprises converted from parent companies of state economic groups and state corporations (established by the Prime Minister); companies held by these state economic groups and state corporations with over 51% of charter capital, and other enterprises determined by the Ministry of Finance.

The Ministry of Finance (Price Management Department) will provide a detailed list of enterprises required to register prices as specified in this Clause to suit each period.

4.2. Specialized management ministries shall primarily receive the Price Registration Forms for goods and services specified in this Circular for those types of goods and services for which separate legal documents have been issued regarding price registration by the Ministry of Finance and the specialized management ministry or by the specialized management ministry within its jurisdiction.

4.3. The Department of Finance shall be responsible for receiving the Price Registration Forms of state-owned joint stock companies with one member converted from State Corporations, independent state-owned companies directly under ministries and provincial People's Committees, and organizations and individuals engaged in production and business activities belonging to other economic sectors with their main offices located within the province, which are subject to price registration as prescribed in this Circular (excluding goods and services that implement price registration according to specific guidelines issued by the Ministry of Finance and the relevant sectoral ministry, or guidelines issued by the relevant sectoral ministry within its authority).

The Department of Finance shall take the lead and coordinate with related departments within the province to report to the provincial People's Committee to decide and announce specifically the list of organizations and individuals engaged in production and business activities within the province required to comply with price registration as stipulated in this clause during each period; at the same time, they shall have the responsibility to guide and urge organizations and individuals engaged in production and business activities subject to price registration to strictly follow the provisions of this Circular.

5. Rights and responsibilities of agencies, organizations, and individuals

5.1. For the agency receiving the Price Registration Forms:

a) The leading agency when receiving the Price Registration Forms of organizations and individuals engaged in production and business activities must record the date, month, and year of receipt of the document and form, and stamp it on the price registration document according to administrative procedures; at the same time, it has the responsibility to examine and check the reasonableness and legality of the form, review the content of the Price Registration Form of goods and services of organizations and individuals engaged in production and business activities:

- In case the forms are not established in accordance with Appendix 4 attached to this Circular, the agency receiving the Price Registration Forms must issue a letter returning the form to the organization or individual engaged in production and business activities requesting them to complete the form, at the latest two (02) working days after receiving the price registration dossier (counted from the date of receipt of the registered document stamped by the agency receiving the Price Registration Form).

- When discovering unreasonable factors forming prices in the Price Registration Form, the leading agency receiving the form shall notify the organization or individual engaged in production and business activities in writing to explain the registered price and re-register the price.

- If the organization or individual engaged in production and business activities does not re-register the price but sells goods and services at a higher price than the registered price arbitrarily, the leading agency receiving the price registration dossier has the right to require the organization or individual engaged in production and business activities to continue selling goods at the price before arbitrarily increasing the price without re-registration.

b) If the organization or individual engaged in production and business activities does not comply with the above regulations, in addition to being subject to administrative penalties for violations in the field of price registration, the competent authority for inspection and supervision has the right to handle violations according to Article 6 of this Circular.

c) The price registered by the organization or individual engaged in production and business activities shall be used by competent state management agencies in the field of pricing for purposes of analyzing, summarizing, and forecasting market price fluctuations; controlling price-forming factors, serving the goal of stabilizing prices.

5.2. For organizations and individuals engaged in production and business activities registering prices:

a) Organizations and individuals engaged in production and business activities of goods and services listed for price registration shall be responsible for implementing price registration in accordance with this Circular.

The Price Registration Form must be submitted in at least one (1) copy to the leading agency receiving the registration (except for types of goods and services that must be registered and for which the Inter-Ministerial or the relevant sectoral ministry has issued different regulations).

b) Organizations and individuals engaged in production and business activities that must register prices have the right to sell goods and services at the registered price in accordance with the law and shall bear legal responsibility for the registered price and be subject to legal sanctions for violations related to price registration.

c) Publicly disclose information about prices; post the valid registered sale prices according to the guidelines in this Circular, make them public throughout the system, strictly adhere to posted prices, and simultaneously comply with price stabilization measures as prescribed by law when the market experiences abnormal fluctuations.”

Article 8. Amend Section VII Part B Circular No. 104/2008/TT-BTC:

“VII. PRICE DECLARATION OF GOODS AND SERVICES

1. List of goods and services required to declare prices

1.1. Price declaration is the act of organizations and individuals engaged in production and business declaring the selling price of goods and services they determine according to mandatory and regular requirements for types of goods and services listed in Appendix 1 attached hereto and those goods and services defined by provincial People's Committees, even when market prices fluctuate abnormally or move normally. The price declaration must be carried out before organizations and individuals engaged in production and business sell their products to the market for the first time; before adjusting prices of products already produced and sold regularly that are subject to price declaration; or when requested by competent state agencies.

1.2. Based on actual conditions at the local level, provincial People's Committees may supplement the list of goods and services required to declare prices in their respective areas (outside the list specified in Appendix 1 attached hereto).

2. Subjects implementing price declarations

2.1. Organizations and individuals engaged in production and business of goods and services shall implement price declarations for import prices, wholesale prices, retail prices, and recommended retail prices uniformly nationwide or for specific regional markets as follows:

- In cases where organizations and individuals only engage in wholesale sales, they shall declare wholesale prices;

- In cases where organizations and individuals both engage in wholesale and retail sales, they shall declare both wholesale and retail prices;

- In cases where organizations and individuals are importers and exclusive distributors, they must declare import prices, wholesale prices, and recommended retail prices;

- In cases where organizations and individuals are exclusive distributors or general agents, they must declare wholesale prices and recommended retail prices.

2.2. Organizations and individuals engaged in production and business of goods and services not falling under the provisions of Articles 7 and 8 of this Circular shall not be required to declare prices or register prices but shall publicly display prices and disclose pricing information in accordance with current laws.

3. Time, form, content of price declaration, and Declaration Form

3.1. Time of price declaration:

Before organizations and individuals engaged in production and business sell goods and services subject to price declaration at new prices, they must prepare and submit the Declaration Form to the competent state agency responsible for receiving it.

3.2. Form and procedures for price declaration:

Organizations and individuals engaged in production and business shall declare prices by preparing and submitting the Declaration Form to the competent state agency responsible for receiving it. Price declaration includes initial price declaration and re-declaration of prices:

a) Initial price declaration shall be carried out before organizations and individuals engaged in production and business sell goods and services subject to price declaration to the market for the first time or when they first declare prices according to legal regulations.

b) Re-declaration of prices shall be carried out when organizations and individuals adjust prices up or down compared to the previous declared price or when requested by the competent state agency if the initial price declaration and subsequent re-declarations have not been conducted in accordance with legal regulations.

3.3. Content of the Declaration Form includes:

- A price declaration document from the organization or individual engaged in production and business, specifying the duration of the declared price;

 - A table of declared selling prices. The declared price is the price determined by the organization or individual engaged in production and business in accordance with regulations on asset, goods, and service valuation issued by competent state agencies, consistent with the specifications, standards, and quality of the goods and services (or the price agreed upon with customers).

The Declaration Form is specified in Appendix 5 attached hereto.

4. Agencies receiving the Declaration Form and subjects required to declare prices

4.1. The Ministry of Finance (Price Management Department) shall primarily receive Declaration Forms of goods and services from companies, including: State-owned joint-stock companies converted from parent companies of state economic groups and state corporations (established by the Prime Minister); companies held by these state economic groups and state corporations with over 51% of charter capital engaged in production and business of goods and services listed in Appendix 1 attached hereto (excluding goods and services subject to separate price declaration guidelines issued by the Ministry of Finance and relevant ministries or by relevant ministries within their authority) and other enterprises decided by the Ministry of Finance.

The Ministry of Finance (Price Management Department) will notify the specific list of enterprises required to declare prices in accordance with this clause for each period.

4.2. Relevant ministries and sectors shall primarily receive Declaration Forms of goods and services listed in Appendix 1 attached hereto for those goods and services with separate price declaration guidelines issued by the Ministry of Finance and relevant ministries or by relevant ministries within their authority.

4.3. The Department of Finance shall be responsible for receiving the Price Declaration Forms of state-owned joint stock companies with one member converted from State-owned Corporations, independent state-owned companies directly under ministries, provincial People's Committees, and organizations and individuals engaged in production and business activities belonging to other economic sectors with their headquarters located within the province, which fall within the price declaration list specified in Appendix 1 attached to this Circular (excluding goods and services that implement price declarations according to separate guidelines issued by the Ministry of Finance and the relevant sectoral ministry or by the relevant sectoral ministry within its jurisdiction).

The Department of Finance shall take the lead and coordinate with related departments within the province to report to the provincial People's Committee to decide and announce the list of organizations and individuals engaged in production and business activities within the province required to comply with price declarations as stipulated in this clause in accordance with each period; at the same time, it shall have the responsibility to guide and urge organizations and individuals engaged in production and business activities subject to price declarations to comply with the provisions of this Circular.

5. Rights and responsibilities of agencies, organizations, and individuals

5.1. Regarding the agency receiving the Price Declaration Forms:

a) The Ministry of Finance (Price Management Department), the relevant sectoral ministry, the Department of Finance, and the relevant sectoral department, upon receipt of the Price Declaration Form for goods and services submitted by organizations and individuals engaged in production and business activities, must record the date, month, and year of receipt on the declaration form and stamp it according to administrative procedures.

b) Conduct a review of declared prices; if unreasonable declared prices are discovered, the agency responsible for receiving the Price Declaration Forms must issue a document requesting organizations and individuals engaged in production and business activities to provide explanations or re-declare prices.

c) Declared prices by organizations and individuals engaged in production and business activities shall be utilized by competent state management agencies in the field of price management for purposes of analyzing, compiling, forecasting market price fluctuations; controlling factors forming prices, serving the goal of stabilizing prices.

5.2. Regarding organizations and individuals engaged in production and business activities declaring prices:

a) Organizations and individuals producing and providing goods and services listed in the price declaration list are responsible for implementing price declarations in accordance with the provisions of this Circular.

The Price Declaration Form must be prepared in at least one copy and sent to the agency responsible for receiving the Price Declaration Forms (except for types of goods and services that require price declarations where the Inter-Ministerial Directive or the relevant sectoral ministry has issued different regulations).

b) Organizations and individuals engaged in production and business activities required to declare prices have the right to sell goods and services at the declared prices in accordance with the law; they must publicly disclose information about prices and bear legal responsibility for the accuracy of the declared prices.

c) Organizations and individuals engaged in production and business activities required to declare prices are responsible for providing explanations or re-declaring prices if the agency responsible for receiving price declarations discovers unreasonable declared prices and issues a document requesting organizations and individuals engaged in production and business activities to provide explanations or re-declare prices.

d) Organizations and individuals engaged in production and business activities required to declare prices who fail to comply with price declarations or engage in violations of price declaration regulations, in addition to being subject to administrative penalties in the field of price declarations, competent inspection and supervision agencies have the authority to handle such violations in accordance with Article 6 of this Circular."

Article 9. Implementation Organization

1. This Circular takes effect from October 1, 2010.

2. During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to reflect them to the Ministry of Finance for research and resolution./.