Decision No. 1625/QD-BTC On the issuance of the Procedure for registering prices and declaring prices at the Price Management Department under the Ministry of Finance and at the Departments of Finance of centrally governed cities and provinces

Pursuant to …;

Regarding the issuance of the Price Registration and Declaration Procedure at the Department of Price Management under the Ministry of Finance and at the Provincial Finance Departments directly under the central government

under the Ministry of Finance and at the Department of Finance of the province or centrally governed city

Chapter

THE MINISTER OF FINANCE

Pursuant to the 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 Circular No. 122/2010/TT-BTC dated August 12, 2010 of the Ministry of Finance 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 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.

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

DECISION:

Article 1. This Decision promulgates the Price Registration and Declaration Procedure at the Department of Price Management under the Ministry of Finance and at the Provincial Finance Departments directly under the central government.

Article 2. This Decision takes effect from August 15, 2012.

The Director of the Department of Price Management, the General Director of the Tax General Department, the General Director of the Customs General Department, the Heads of units under the Ministry of Finance, the Directors of Provincial Finance Departments directly under the central government; organizations and individuals engaged in production and business included in the list implementing price registration and declaration at the Department of Price Management under the Ministry of Finance and at the Provincial Finance Departments directly under the central government are responsible for implementing this Decision.

PROCEDURE

PRICE REGISTRATION AND DECLARATION PROCEDURE AT THE DEPARTMENT OF PRICE MANAGEMENT UNDER THE MINISTRY OF FINANCE AND AT THE PROVINCIAL FINANCE DEPARTMENTS DIRECTLY UNDER THE CENTRAL GOVERNMENT
(Issued together with Decision No. 1625/QD-BTC dated June 28, 2012 of the Minister of Finance)

I. GENERAL PROVISIONS

1. This procedure stipulates the contents and procedures for conducting tasks related to price registration and declaration at the Department of Price Management under the Ministry of Finance and at the Provincial Finance Departments directly under the central government (hereinafter referred to as Provincial Finance Departments), including: determining the list of goods and services subject to price registration and declaration and types of prices for registration and declaration; compiling and announcing lists of organizations and individuals implementing price registration and declaration; receiving and processing Price Registration and Declaration Forms; coordinating to publicize information on price registration and declaration.

2. The Department of Price Management, Provincial Finance Departments, and relevant organizations and individuals shall comply with the regulations on price registration and declaration as prescribed in Circular No. 122/2010/TT-BTC dated October 28, 2010 of the Ministry of Finance 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 2, 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 (hereinafter referred to as Circular No. 122/2010/TT-BTC) and this procedure.

II. DETERMINING THE LIST OF GOODS AND SERVICES AND TYPES OF PRICES FOR REGISTRATION AND DECLARATION

1. The list of goods and services subject to price registration and declaration shall be implemented according to the following documents:

a) 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;

b) Circular No. 122/2010/TT-BTC dated October 28, 2010 of the Ministry of Finance;

c) 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;

d) Decisions of the Prime Minister, People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial People's Committees) on supplementing the list of goods and services subject to price stabilization suitable for each period.

2. Types of prices that must be registered and declared shall be implemented according to the provisions of Circular No. 122/2010/TT-BTC; the Department of Price Management/Provincial Finance Departments must clearly specify the specific type of price for each item subject to price registration and declaration (according to the model list of organizations and individuals implementing price registration and declaration as specified in Clause 3, Section IV of this procedure).

III. COMPILE THE LIST OF ORGANIZATIONS AND INDIVIDUALS IMPLEMENTING PRICE REGISTRATION AND DECLARATION

The Department of Price Management/Provincial Finance Departments shall compile the list of organizations and individuals engaged in production and business that must implement price registration and declaration for goods and services within the scope of items subject to price registration and declaration to submit to the competent authority for decision-making (excluding goods and services that have separate guidance on price registration and declaration issued by the Ministry of Finance and the specialized management ministry, or guidance issued by the specialized management ministry within its jurisdiction) and shall follow the procedures below:

1. Selecting organizations and individuals to implement price registration and declaration

a) The Department of Price Management selects specific organizations and individuals engaged in production and business to include in the list of those implementing price registration and declaration at the Department of Price Management:

- Economic Groups, State-owned Corporations, State-owned Joint Stock Corporations, Joint Stock Companies, Limited Liability Companies that have a production and business network across two or more provinces or centrally governed cities.

- Organizations and individuals that are monopoly enterprises; enterprises or groups of enterprises holding a dominant market position as defined by the Competition Law.

b) The Provincial Finance Departments select organizations and individuals only engaged in production and business within their province; Organizations and individuals engaged in production and business with headquarters or branches operating independently within their province to include in the list of those implementing price registration and declaration at the Provincial Finance Departments, specifically as follows:

- Economic Groups, State-owned Corporations, State-owned Joint Stock Corporations, Joint Stock Companies, Limited Liability Companies, organizations and individuals not listed in the Announcement of the Ministry of Finance, not listed in the guidance documents of the Ministry of Finance and the specialized management ministry, or guidance issued by the specialized management ministry within its jurisdiction.

- Organizations and individuals engaged in production and business listed in the price registration list at the Price Management Agency (Ministry of Finance) have registered prices for their branches and agents in various provinces; these branches and agents do not need to register prices at the Provincial Department of Finance, but in the decision or notice adjusting new price levels, such organizations and individuals must clearly state the basis for issuing the decision or notice, which is based on the registered price level in the price registration document with the Price Management Agency - Ministry of Finance (document number; date of issuance of the document).

- Organizations and individuals engaged in business that have registered prices and declared prices at a Provincial Department of Finance as prescribed and registered prices for their branches and agents in other provinces then these branches and agents do not need to register prices and declare prices at the Provincial Department of Finance where the organization or individual conducts production and business activities, but in the decision or notice adjusting new price levels, such organizations and individuals must clearly state the basis for issuing the decision or notice, which is based on the registered price level in the price registration document with the Provincial Department of Finance where the registration was made (document number; date of issuance of the document).

2. Propose a list of organizations and individuals to be subject to price registration and declaration; the types of goods that must be registered and declared at the Price Management Agency/Provincial Department of Finance.

For the Provincial Department of Finance, the proposed list of organizations and individuals for price registration and declaration must include businesses with headquarters or independent accounting branches located within the province.

3. Send out for comments from relevant agencies (Ministries, Bureaus, Provincial Departments managing industries) on the list of organizations and individuals for price registration and declaration.

4. Compile the comments received; finalize the list of organizations and individuals subject to price registration and declaration.

5. Submit to the leadership of the Ministry of Finance/Provincial People's Committee for approval of the list.

6. In cases where the Prime Minister or the Chairman of the Provincial People's Committee issues a decision to supplement stabilized price items, the Price Management Agency/Provincial Department of Finance shall promptly supplement and amend the list of organizations and individuals required to register prices and declare prices.

IV. ANNOUNCE THE LIST OF ORGANIZATIONS AND INDIVIDUALS SUBJECT TO PRICE REGISTRATION AND DECLARATION

1. The Price Management Agency shall take the lead in submitting to the Ministry of Finance for issuance of a Notice announcing the list of organizations and individuals engaged in production and business subject to price registration and declaration at the Price Management Agency - Ministry of Finance.

2. The Provincial Department of Finance shall take the lead in submitting to the Provincial People's Committee for issuance of a Notice announcing the list of organizations and individuals engaged in production and business operating within the province subject to price registration and declaration at the Provincial Department of Finance.

The Provincial People's Committee may delegate or decentralize authority to the Provincial Department of Finance to issue Notices announcing the list of organizations and individuals subject to price registration and declaration at the Provincial Department of Finance.

3. The model list of organizations and individuals engaged in production and business subject to price registration and declaration attached to the Notice issued by the competent authority to announce the list of organizations and individuals subject to price registration and declaration is as follows:

LIST OF ORGANIZATIONS AND INDIVIDUALS SUBJECT TO PRICE REGISTRATION/DECLARATION AT THE PRICE MANAGEMENT AGENCY/PROVINCIAL DEPARTMENT OF FINANCE

(Attached to the Notice No... dated.../20.. of the Ministry of Finance/Provincial People's Committee or Provincial Department of Finance...)

12345678        

4. The Notice issued by the competent authority as stipulated in Clause 1 and Clause 2 of this Section must be sent to the organizations and individuals named in the list and published publicly on the website of the Ministry of Finance (or the Price Management Agency), the Provincial People's Committee (or the Provincial Department of Finance).

The Notice must clearly state the address, phone number, email box (Email) of the agency receiving the Registration Form and Declaration Form so that individuals and organizations can easily complete the registration and declaration process.

V. RECEIVING AND PROCESSING THE REGISTRATION FORM AND DECLARATION FORM

1. Receive the Registration Form and Declaration Form (hereinafter referred to as the Form)

a) The Price Management Agency/Provincial Departments of Finance shall receive the Form through one of the following methods:

- Directly at the office of the receiving agency;

- Through official correspondence;

- Through electronic mail with digital signature;

- Through FAX (organizations and individuals registering prices and declaring prices must simultaneously call the Price Management Agency/Provincial Department of Finance).

b) The Form of organizations and individuals must be submitted before the sale date according to the price stated in the Form.

c) Components and quantity of the Form:

- Components of the Form (documents that must be included) as prescribed in Appendix No. 4 and Appendix No. 5 of Circular No. 122/2010/TT-BTC:

+ For price registration, it includes: a registration letter, accompanied by a specific price registration table and a statement of reasons for adjusting the price of goods and services being registered.

+ For price declaration, it includes: a declaration letter, accompanied by a specific price declaration table.

- Quantity of the Form: the unit submits one Form to be retained by the receiving agency.

d) The Office of the Price Management Agency/Provincial Department of Finance receives the Form:

- For Forms submitted directly, the receiving officer shall proceed as follows:

+ When all components and quantities of the Form as prescribed in Point c Clause 1 Section V above are complete, the receiving officer confirms receipt of the Form by stamping the receipt on the Form according to administrative procedures; the Form must be immediately transferred (on the day of receipt) to the leadership of the Price Management Agency/Provincial Department of Finance and relevant departments and divisions for further processing of the subsequent review procedure.

+ If the components and quantities of the Form as prescribed in Point c Clause 1 Section V above are incomplete, or if the Form is found to be missing or invalid, the receiving officer returns the Form to the submitter, clearly stating the reason for return and the contents that need to be supplemented.

- For Forms sent via official correspondence, FAX, or email, the receiving officer shall proceed as follows:

+ Upon receipt of the Form (via official correspondence, FAX, or printed from email), the receiving officer is responsible for stamping the receipt and signing confirmation on the Form.

+ After receiving the Form, the office staff must transfer it on the same day to the leadership of the Price Management Agency/Provincial Department of Finance and relevant departments and divisions for further processing of the subsequent review procedure.

In cases where the required components and quantity of the Price List as stipulated in Point c Clause 1 Section V above are not yet complete, within two working days from the date of receipt of the Price List registration dossier of the organization or individual, the Department of Price Management/Department of Finance shall notify and request the organization or individual to submit the missing Price List. The date when the organization or individual submits a complete Price List shall be considered the date of receipt of the Price List and recorded according to the stamp of receipt of the incoming document of the receiving agency.

2. Inspection of the Price List at departments and divisions

The specialized units under the departments and divisions, after receiving the Price List, must review and inspect the Price List to ensure compliance with the provisions of Circular 122/2010/TT-BTC, specifically as follows:

a) Inspect the components and quantity of the Price List as specified in Point c Clause 1 Section V of this Procedure;

b) Inspect the contents of the Price List including: the date of price implementation registration, the specific price registration table, the items constituting the selling price, the section explaining the reasons for price adjustment, and check the rationality of the factors forming the price.

3. Handling issues related to the Price List during business inspection

a) If the Price List and the registered price declaration are valid and reasonable, the departments and divisions shall report to the leadership of the Department of Price Management/Department of Finance on the validity of the enterprise's price registration and declaration. The receiving agency shall notify the organization or individual through telephone or other appropriate means in a timely manner to adjust the selling price.

b) If it is found that the Price List does not comply with regulations, lacks content, or has unreasonable pricing factors..., within two working days from the date of receipt of the Price List, the departments and divisions shall report to the leadership of the Department of Price Management/Department of Finance and send a letter to the organization or individual who registered and declared the price requesting an explanation, specifying the non-compliant contents of the Price List and the actions to be taken. The letter requesting an explanation must clearly state the deadline for submitting the explanation to the receiving agency.

The time allowed for organizations and individuals to provide explanations is five working days counted from the date of receipt of the letter or the postmark or the date of sending via email.

c) The time for reviewing the content of the explanations provided by organizations and individuals shall be carried out by the Department of Price Management/Department of Finance within a maximum of five working days from the date of receipt of the stamped letter.

d) If the explanation results in a lower or higher price than the registered price, and the receiving agency finds the explanation reasonable, it shall proceed according to the provisions of Point a Clause 3 Section V above.

đ) If the organization or individual's explanation results in a lower or higher price than the registered price, and the receiving agency still finds the explanation unreasonable, it shall require them to re-execute according to the provisions of Points b, c, and d of Clause 3 Section V above.

e) Organizations and individuals must explain the rationality of the price according to the requirements of the receiving agency. After three (three) times of registering and declaring prices without meeting the requirements, they must sell goods and services at the price before the registration and declaration of prices.

g) If the receiving agency's requirements for price registration and declaration are unreasonable, the organization or individual must appeal to the direct superior agency of the receiving agency, and the decision of the direct superior agency is final.

h) During the period of inspecting the Price List, the period of requesting organizations and individuals to provide explanations, and the period of reviewing the explanations, organizations and individuals may sell goods and services at the registered price stated in the Price List (except for certain types of goods and services subject to special regulations when registering and declaring prices). If, after reviewing the explanations, the calculated price is lower than the registered price, the producing and trading organization or individual must adjust the price according to the reviewed reasonable price.

VI. COOPERATION IN PUBLIC DISCLOSURE OF PRICE REGISTRATION AND DECLARATION INFORMATION

The Department of Price Management and the Department of Finance must regularly update and publish information about registered and declared prices within their scope of acceptance.

1. Contents of public disclosure of registered and declared price information

a) Template for public disclosure of registered and declared price information:

12345678910          

b) Information about registered and declared prices at the Department of Price Management/Department of Finance published on the Ministry of Finance's website, the Department of Price Management, and the Department of Finance includes the payment price inclusive of VAT.

c) The Department of Finance compiles information about registered and declared prices at the Department of Finance and includes it in the report as prescribed in Circular No. 55/2011/TT-BTC dated April 29, 2011, issued by the Ministry of Finance on guiding the reporting system for domestic market prices of goods and services, import prices of goods, and sends it to the Department of Price Management.

2. Time for publishing public disclosure of price registration and declaration information:

- When the dossier has been inspected and processed completely, the leadership of the Department of Price Management and the Department of Finance approves the publication of registration and declaration information not later than two days from the date of approval.

- Registration and declaration information will be published on the websites from the date of permission to publish until the organization or individual registers or declares a new price.

3. Responsibility for providing information through electronic networks: Adhere to general regulations of the Ministry of Finance regarding information provision. Ensure the truthfulness, accuracy, and timeliness of the published information.

4. Exchange of information about registered and declared prices between the Department of Price Management and provincial Departments of Finance: The Department of Price Management and provincial Departments of Finance shall study the received information (directly/received via the Internet/email), and if any unclear or unreasonable issues are discovered, they shall communicate with relevant units to promptly provide opinions for necessary revisions to ensure the validity and reasonableness of the registered and declared prices at the Department of Price Management and provincial Departments of Finance.

5. Exchange of information on registered and declared prices among Departments of Finance: Departments of Finance of provinces obtain information through official correspondence, websites of Departments of Finance, and email (Email). The exchange of information among Departments of Finance shall be initiated, coordinated, and conducted proactively by the respective Departments of Finance./.