Circular No. 56/2014/TT-BTC guiding the implementation of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices.

CIRCULAR

Guidelines for implementing Decree No. 177/2013/ND-CP

dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices

and guidance on implementing certain provisions of the Price Law

__________________________________

Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain provisions of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

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

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

The Minister of Finance issues this Circular to guide the implementation of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices (hereinafter referred to as Decree No. 177/2013/ND-CP) regarding price stabilization; state pricing; price negotiation; inspection of price formation factors; price declaration.

Article 2. Applicability

Organizations and individuals engaged in production and business; consumers; state agencies; other organizations and individuals related to activities of price stabilization; state pricing; price negotiation; inspection of price formation factors; price declaration within the territory of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1. PRICE STABILIZATION

Article 3. Responsibilities of advisory bodies under the Ministry of Finance, ministries, ministerial-level agencies, provincial People's Committees, centrally governed city People's Committees in implementing price stabilization as stipulated in Article 7 of Decree No. 177/2013/ND-CP

1. The advisory body for the Ministry of Finance is the Price Management Department which has the responsibility to:

a) Monitor, aggregate, analyze, forecast domestic and international market price trends; take the lead and coordinate with relevant agencies to develop and submit to the Minister of Finance for reporting to the Government for consideration and decision on policies and measures for price stabilization; guide and organize the implementation of price stabilization measures within the authority of the Ministry of Finance;

b) Coordinate with ministries, ministerial-level agencies to report to the Government for consideration and decision on policies and measures for price stabilization within their management authority; guide and organize the implementation of price stabilization measures as prescribed;

c) Aggregate recommendations from ministries, sectors, and local opinions to report to the Minister of Finance for submission to the Government for consideration and submission to the Standing Committee of the National Assembly for adjustment of the list of goods and services subject to price stabilization;

d) Take the lead and coordinate with relevant agencies to report to the Government for consideration and decision on changes and additions to goods eligible for price stabilization funds; submit to the Minister of Finance for decision on the level of fund contributions and usage; supervise the contribution, management, and utilization of price stabilization funds for each item as stipulated in Clause 2, Article 5 of Decree No. 177/2013/ND-CP;

e) Report to the Minister of Finance for consideration and report to the Prime Minister on the implementation of price stabilization measures;

2. Advisory bodies under ministries, ministerial-level agencies have the responsibility to implement tasks as prescribed by those ministries, ministerial-level agencies.

3. The advisory body for the People's Committee of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committee) is the Department of Finance which has the responsibility to:

a) Take the lead and coordinate with relevant agencies and units in the province to timely advise the Provincial People's Committee on applying price stabilization measures within their authority;

b) Take the lead and coordinate with relevant agencies and units in the province to organize the implementation of price stabilization measures decided by the Government and the Provincial People's Committee;

c) Take the lead and coordinate with relevant agencies and units to guide and inspect the implementation of price stabilization measures by agencies, organizations, and individuals in the locality;

d) Report to the Ministry of Finance and the Provincial People's Committee on the implementation of price stabilization measures decided by the Government and the Provincial People's Committee applied in the locality.

Article 4. Authorities Receiving and Subjects Implementing Price Registration

1. The Ministry of Finance (Price Management Department) shall be responsible for receiving and reviewing the price registration forms of goods and services as stipulated in points c, d, đ, e, g, h, i, and k, Clause 1, Article 3 of Decree No. 177/2013/NĐ-CP submitted by organizations and individuals engaged in production and business (hereinafter referred to as organizations and individuals) who register prices with the Ministry of Finance.

The Price Management Department shall be responsible for selecting and submitting to the Minister of Finance for consideration and issuance of a notification listing organizations and individuals registering prices with the Ministry of Finance for:

- Economic Groups, State-owned Joint Stock Companies, Limited Liability Companies that have a wide network of production and business operations across at least two provinces or centrally-administered cities.

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

Annually on July 1st or upon request from the Minister of Finance, the Price Management Department shall be responsible for reviewing the list of organizations and individuals registering prices with the Ministry of Finance (Price Management Department), if necessary, submitting to the Minister of Finance for consideration and issuance of a notification to adjust this list.

2. Provincial Departments of Finance, Industry and Trade Departments, and People's Committees of districts assigned by the provincial People's Committee shall receive the price registration forms of goods and services as stipulated in Clause 1, Article 3 of Decree No. 177/2013/NĐ-CP from organizations and individuals (including authorized agents with pricing authority) whose main offices are located within the province but not listed in the price registration list of the Ministry of Finance (Price Management Department), nor mentioned in separate guidance documents on price registration issued jointly by the Ministry of Finance and the relevant sectoral ministry or guidance documents issued by the relevant sectoral ministry within its jurisdiction.

Organizations and individuals that are branches or agents without pricing authority (enter into direct distribution contracts with suppliers and purchase and sell goods and services at prices determined by the supplier) are not required to register prices but must submit a written notice to the local Department of Finance where the branch or agent's main office is located regarding their lack of pricing authority; provide information about the supplier's pricing to the local Department of Finance or the district People's Committee as assigned by the provincial People's Committee after receiving the supplier's decision or notification to adjust prices, and bear responsibility for the accuracy of the provided information.

The Department of Finance shall advise the provincial People's Committee to notify organizations and individuals registering prices in the locality and specifically assign the authorities for receiving and reviewing the price registration forms at the local level to the Department of Finance, Industry and Trade Department, and district People's Committee.

Annually on July 1st or upon request from the provincial People's Committee, the Department of Finance shall lead the coordination with the Department of Planning and Investment, Taxation Bureau, and other specialized agencies of the province to advise the provincial People's Committee to review and adjust the list of organizations and individuals registering prices in the locality.

3. Authorities receiving and subjects implementing price registration for essential medicines for disease prevention and treatment shall follow the guidelines of the Ministry of Health.

4. Lists of organizations and individuals registering prices; email addresses, phone numbers, and fax numbers of agencies assigned to receive price registrations as stipulated in Clauses 1 and 2 of this Article shall be publicly posted on the websites of these agencies.

5. Goods and services for which specific laws provide for price registration shall comply with the provisions of those laws.

Article 5. Methods for registering prices

1. Organizations and individuals shall implement price registration as prescribed in Article 6 of Decree No. 177/2013/NĐ-CP by preparing the Price Registration Form (hereinafter referred to as the Form) and submitting it to the competent state agency receiving the Form (hereinafter referred to as the receiving agency) in one of the following ways:

a) Submitting directly two copies at the office of the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit);

b) Sending through official correspondence two copies to the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit);

c) Sending via email with electronic signature or scanned copy of the Form with signature and red seal according to the address notified by the receiving agency, or sending via fax and notifying the receiving agency by telephone. At the same time, send two copies through official correspondence to the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit).

2. The Price Registration Form shall be prepared in accordance with the guidelines set out in Appendix No. 1 attached to this Circular.

3. The method for registering prices for essential medicines listed in the essential medicine list shall be implemented in accordance with the guidelines of the Ministry of Health.

Article 6. Procedures for receiving and reviewing the Price Registration Form.

1. Receipt Process

a) For Forms submitted directly:

- In cases where the Form contains all required components and quantities as stipulated, the officer receiving the Form will stamp the official letter received with the date, month, and year on the Form and immediately return one copy of the Form to the organization or individual who submitted it directly; simultaneously, transfer one copy of the Form to the leadership of the agency and relevant departments within the same working day or at the beginning of the next working day for review;

- In cases where the Form does not contain all required components and quantities as stipulated, the officer receiving the Form will clearly note the reasons for returning it, the contents that need to be supplemented, and immediately return the Form to the organization or individual who submitted it directly.

b) For Forms sent through official correspondence, fax, or email:

- Upon receipt of the Form, the officer receiving it will check its components and quantities. If the Form contains all required components and quantities as stipulated, the officer will stamp the official letter received with the date, month, and year on the Form and immediately send one copy of the Form to the organization or individual via postal service; simultaneously, transfer one copy of the Form to the leadership of the agency and relevant departments for immediate review within the same working day or at the beginning of the next working day;

- In cases where the Form does not contain all required components and quantities as stipulated, the receiving agency will notify the organization or individual through official correspondence, fax, or email to submit additional components and quantities of the Form within a maximum of two working days from the date of receipt of the Form. The date when the organization or individual submits all required components and quantities of the Form is considered the date of receipt of the Form, and the officer receiving the Form will stamp the official letter received with the date, month, and year of receipt on the Form.

c) After the five-working-day period from the date of receipt of the Form as specified in points a and b of this clause, if the receiving agency does not issue any comments requesting organizations or individuals to explain the contents of the Form, then such organizations or individuals may purchase or sell at the registered price level.

2. Review procedures for the Form

a) The receiving agency will review the contents of the Form regarding: the date of implementing the registered price level, the specific price registration table, cost items constituting the price, explanations for price adjustment reasons, and checking the rationality of price formation factors;

b) In cases where the explanation for price adjustment reasons in the Form includes inappropriate or unrelated reasons for increasing or decreasing the price of goods or services, the relevant departments will report to the competent authority and notify in writing through official correspondence, fax, or email within a maximum of four working days from the date of receipt of the Form, requiring organizations or individuals not to apply the registered price level. Such organizations or individuals must comply with this requirement or re-perform the price registration obligation in accordance with the regulations;

c) In cases where the Form contains unclear contents or requires explanations about the factors forming the increase or decrease in price, leading to an increase or decrease in the registered price level (except for the case specified in point b of this clause), the relevant departments will report to the competent authority and notify in writing through official correspondence, fax, or email within a maximum of four working days from the date of receipt of the Form, requiring organizations or individuals to explain the contents of the Form that do not meet the requirements, unclear reasons for price adjustments, necessary actions to be taken, and the deadline for submitting the explanation to the receiving agency. The explanation will be submitted according to the procedures for receiving the Form as stipulated in Clause 1 of this Article;

- The deadline for organizations or individuals to provide explanations and submit written explanations to the receiving agency is a maximum of ten working days from the date the receiving agency notifies in writing to require organizations or individuals to provide explanations until the date the receiving agency receives the written explanation from the organization or individual, calculated based on the official letter received stamp of the receiving agency or the date of sending in the email of the organization or individual;

- The deadline for the receiving agency to review the contents of the written explanation is a maximum of five working days from the date of receipt of the written explanation, calculated based on the official letter received stamp of the receiving agency;

- After the five-working-day period from the date the competent authority receives the written explanation, if this authority does not issue any written request for organizations or individuals to provide further explanations, then such organizations or individuals will adjust the price according to the proposed price level and adjustment time in the written explanation (if any).

- In cases where organizations or individuals provide explanations that do not comply with the requirements of the agency receiving the Price Schedule, within a maximum of five working days from the date of receipt of the explanatory document, such agency shall issue a document requesting the organization or individual to re-explain. The re-explanation process shall be carried out according to the procedures for the initial explanation as stipulated in this clause;

- After three (3) explanations but the organization or individual still fails to meet the requirements, the agency receiving the Price Schedule shall issue a document requesting the organization or individual to purchase and sell goods and services at the price level prior to the implementation of price registration;

Article 7. Rights and Responsibilities of Organizations and Individuals in Implementing Price Registration

1. For the agency receiving the Price Schedule:

a) Has the right to use the registered prices provided by organizations or individuals for purposes of analysis, synthesis, and forecasting market price fluctuations; inspect price-forming factors, publicly announce on mass media to serve the goal of stabilizing prices, and conduct financial inspections when necessary;

b) Shall fulfill the procedures for receiving and reviewing the Price Schedule for registration as prescribed in Article 6 of this Circular;

c) Shall ensure confidentiality regarding the Price Schedule for registration, the explanatory notes on the price structure; maintain confidentiality of the registered prices of organizations or individuals until such prices become effective;

2. For organizations or individuals implementing price registration:

a) Has the right to buy and sell goods and services at the registered prices if, within five working days from the date of completing the price registration as prescribed, they do not receive a document (letter, fax, email) from the agency receiving the Price Schedule requesting them not to implement the registered prices as stipulated in point b, Clause 2, Article 6 of this Circular or to explain the contents of the Price Schedule for registration as stipulated in point c, Clause 2, Article 6 of this Circular;

b) Shall fulfill the obligation to register prices in accordance with the provisions of the law and this Circular; bear legal responsibility for the accuracy of the registered prices; carry out explanations (if required) according to the request of the competent state authority as stipulated in Clause 2, Article 6 of this Circular;

c) Shall not apply the registered prices in buying and selling goods and services for at least five working days from the date of completing the price registration as prescribed or during the period of explanation requested by the agency receiving the Price Schedule;

d) Shall fulfill the obligation to publicly disclose information about the registered prices; publicly display in the entire distribution system (if applicable); strictly adhere to the posted prices; comply with price stabilization measures prescribed by the competent state authority;

đ) Shall notify in writing the agency receiving the Price Schedule if there is a change in the start date for applying the registered prices;

e) Shall comply with the forms of handling prescribed by the law on administrative penalties in the field of prices for the acts of failing to register prices; constructing registered prices contrary to the guidance of the competent authority; arbitrarily increasing prices beyond the registered prices with the competent state management authority despite the authority's request for explanation which has not been completed by the organization or individual; arbitrarily increasing prices beyond the registered prices with the competent state management authority in cases where the authority has requested suspension of application of new prices and re-registration of prices.

Section 2. VALUATION

Article 8. Powers and responsibilities of advisory agencies under Ministries, equivalent agencies to Ministries, and People's Committees of provinces regarding state valuation as stipulated in Article 8 of Decree No. 177/2013/NĐ-CP

1. The agency advising the Ministry of Finance on valuation is the Price Management Department, which is responsible for:

a) Advising the Minister of Finance to review pricing plans of ministries and sectors concerning goods and services within the Prime Minister’s and the Government’s pricing authority;

b) Advising the Minister of Finance to set specific prices for: takeoff and landing services; air traffic control for departure and arrival; support for flight operations; security screening; domestic air transport fare framework for exclusive routes, and state monopoly services at airports as prescribed in the Civil Aviation Law of Vietnam, after receiving written comments from the Ministry of Transport;

c) Advising the Minister of Finance to set a water supply price framework after receiving written comments from relevant agencies;

d) Reviewing the pricing plan established by the National Reserve General Department for the maximum purchase price and minimum selling price of national reserve goods to submit to the Minister of Finance for consideration and decision;

đ) Reviewing and advising the Minister of Finance to set the maximum purchase price and minimum selling price of national reserve goods (excluding national reserves in defense and security areas) managed by ministries and sectors authorized to set prices by the Ministry of Finance based on pricing plans prepared by direct management units and approved by the assigned ministries and sectors, with written notification sent to the Ministry of Finance (Price Management Department) for review and submission to the Minister of Finance for consideration and decision;

e) Reviewing and notifying in writing the storage costs of national reserve goods without established standards, import and export costs at national reserve warehouse gates without established standards, and maximum export costs outside national reserve warehouse gates, as established by the National Reserve General Department or by direct management units of national reserve goods, approved by the assigned ministries and sectors (including national reserves related to defense and security), and requesting the Ministry of Finance (Price Management Department) to review;

g) Advising the Minister of Finance to set the maximum price for public utility products and services and public service products and services funded by the central budget (excluding products and services within the pricing authority of other ministries and sectors and provincial People's Committees) ordered or planned by competent state agencies; the maximum price for goods and services ordered or planned for production and business by the Prime Minister using the central budget, as reported by production and supply units and reviewed by the managing ministry or sector; subsequently, the managing ministry or sector sends a written report to the Ministry of Finance for consideration and decision. In cases where clarification of contents in pricing plans established by production and supply units is required, the Ministry of Finance (Price Management Department) requests the managing ministry or sector to provide comments or the production and supply units to report and explain specific related contents;

h) Advising the Minister of Finance to set the maximum or minimum rental price for state-owned infrastructure assets serving national interests and public benefits after receiving written reviews from the managing ministry or sector;

i) Advising the Minister of Finance to set the minimum price for domestically produced cigarette products after receiving written reviews from the Ministry of Industry and Trade;

k) Taking the lead and coordinating with relevant agencies to inspect the implementation of pricing decisions made by the Government, Prime Minister, and Minister of Finance;

l) Advising the Minister of Finance to monitor and supervise pricing decisions for goods and services within the pricing authority of ministries and sectors;

m) Advising the Minister of Finance to reach consensus with the Ministers of Defense and Public Security on principles for valuing national defense and security reserves;

2. Advisory agencies in the field of pricing under ministries and equivalent agencies to ministries are responsible for performing tasks as prescribed by the ministries and equivalent agencies to ministries and specialized laws;

Ministries, sectors, and units setting specific prices based on price frameworks, maximum and minimum prices for goods and services (including maximum selling prices and minimum purchase prices for national reserve goods), and maximum costs (storage, import, and export) for national reserve goods without established standards, as prescribed by the Ministry of Finance, are responsible for submitting reports to the Ministry of Finance (Price Management Department);

3. The advisory agency for the People's Committee of the province in valuation matters is the Department of Finance, which is responsible for:

a) Advising the People's Committee of the province to establish procedures and processes for reviewing pricing plans and making hierarchical pricing decisions;

b) Advising the People's Committee of the province to specifically assign authorities and responsibilities of agencies and units for goods and services within the People's Committee's pricing authority;

c) Reviewing and submitting to the People's Committee of the province for pricing decisions or reviewing pricing plans proposed by sector management departments, production and business units to be submitted by sector management departments, production and business units to the People's Committee of the province for decision-making according to the law on pricing and other relevant laws.

Article 9. Price Scheme Documents

1. Organizations, units, entities, and individuals engaged in production and business shall prepare the Price Scheme Documents in accordance with Clause 2 of this Article and submit one original or one certified copy to the competent state agency as prescribed in Decrees No. 177/2013/NĐ-CP, Articles 8, 9, and 10, and the guidance provided in this Circular.

2. The Price Scheme Documents submitted for review by the competent authority or person include:

a) A letter requesting pricing or price adjustment according to the model specified in Appendix 2a issued together with this Circular;

b) The implementation pricing scheme according to the model specified in Appendix 2a issued together with this Circular. The contents of the Pricing Scheme are detailed in Clauses 3 and 4 of this Article;

c) A document summarizing the opinions of relevant agencies, attached with copies of their opinions as required (if applicable);

d) A document assessing the pricing scheme by the agencies with the function of assessment as prescribed;

đ) Other related documents.

3. The Pricing Scheme includes the following main contents:

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

b) The bases for pricing or price adjustment;

c) A table calculating factors forming purchase and sale prices; proposed price levels calculated according to the general pricing method prescribed by the Ministry of Finance and the pricing method of the competent authority as stipulated by law;

- Comparing the factors forming the proposed price and the price levels with those of the previously approved pricing scheme; clearly stating the reasons for increase or decrease;

- Comparing the proposed price level with the price levels of similar goods and services in the domestic market and in some countries in the region (if applicable);

d) The anticipated impact of the new price on production, living standards, and budget revenue and expenditure (if applicable);

đ) Measures to organize and implement the new price (if applicable).

4. Specifically, for national reserve goods, the contents of the pricing scheme are defined as follows:

a) For the maximum purchase price and minimum selling price of national reserve goods, the contents of the pricing scheme include:

- The contents prescribed in points a, b, and c of Clause 3 of this Article;

- In particular, the content prescribed in point c of Clause 3 of this Article must be accompanied by the original or certified copy of the competent authority's Detailed Calculation Table, reasonable and valid vouchers, and other related documents concerning the quantity of national reserve goods;

b) For storage costs of national reserve goods without set standards, costs (import and export at the national reserve warehouse) without set standards, and maximum export costs outside the national reserve warehouse gate, the contents of the cost scheme include:

- A document requesting assessment of the scheme by the Ministries, sectors, and State Reserve General Department (according to the model guided in Appendix 2b attached to this Circular);

- The original or certified copy of the competent authority's Detailed Calculation Table, reasonable and valid vouchers, and other related documents concerning the quantity of imported, exported, and stored national reserve goods managed directly by the National Reserve Departments in various regions and units managing national reserve goods.

Section 3. PRICE NEGOTIATION

Article 10. Price Negotiation File

1. When requesting the competent authority to organize price negotiation or being required to conduct price negotiation according to the Prime Minister's request, the Minister's request, the head of a ministry-level agency, the head of a government-affiliated agency, or the Chairman of the People's Committee of a province, the buyer or seller or both the buyer and seller shall prepare the Price Negotiation File in accordance with Clause 2 of this Article and submit it to the competent state authority organizing the price negotiation for examination and decision.

2. The Price Negotiation File includes:

a) A document requesting price negotiation from the buyer or seller or both parties; or a directive document requiring price negotiation from the competent state management authority for goods and services that need price negotiation;

b) The negotiated pricing plan:

- If the seller requests price negotiation, the seller shall prepare the negotiated pricing plan and send it to the competent authority organizing the price negotiation to explain the following contents:

+ The production, consumption, import-export, supply-demand situation of the goods and services;

+ Analysis of the proposed negotiated price: comparison with similar goods and service prices on the market; pricing bases; detailed table of factors forming the price, analysis and explanation of the pricing structure (with analysis and comparison with the factors forming the price before being requested or proposed for negotiation; clearly stating the reasons for increase or decrease); impact analysis of the new price on production and business efficiency; income of workers in the enterprise and fulfillment of obligations to the state budget;

+ Issues not yet agreed upon between the seller and the buyer, the seller's arguments on issues not yet agreed upon; proposal of the negotiated price;

+ Any recommendations (if any);

- If the buyer requests price negotiation, the buyer shall prepare the negotiated pricing plan and send it to the competent authority organizing the price negotiation to explain the following contents:

+ Detailed table of factors forming the price of goods and services produced by themselves calculated based on the new input price that the buyer intends to purchase and the detailed table of factors forming the price if the buyer has to purchase at the price proposed by the seller. Explanation of the pricing structure (with analysis and comparison with the input price before being requested or proposed for negotiation);

+ Comparison with similar goods and service prices on the market;

+ Impact analysis of the new price on production and business efficiency, fulfillment of obligations to the state budget, consumer acceptance ability;

+ Issues not yet agreed upon between the buyer and the seller, the buyer's arguments on issues not yet agreed upon; proposal of the negotiated price;

+ Other recommendations (if any);

- In case both the buyer and the seller propose price negotiation, the two parties shall agree to unify either the buyer or the seller preparing the negotiated pricing plan according to the above guidance;

- In case of price negotiation according to the request of the competent state authority, both the buyer and the seller shall prepare the negotiated pricing plan according to the above guidance.

3. The model of the Price Negotiation File is guided in Appendix No. 3 issued together with this Circular.

Article 11. Procedure for organizing price negotiation

1. The procedure for organizing price negotiation shall be carried out in accordance with the provisions of Clause 2, Article 12 of Decree No. 177/2013/NĐ-CP and the guidance provided herein.

2. The deadline for the competent authority to organize price negotiation to conduct a preliminary review of the Price Negotiation File is a maximum of five working days from the date of submission of the Price Negotiation File by the organization or individual producing or trading (calculated from the receipt stamp of the official letter).

3. In cases where the Price Negotiation File does not comply with regulations, the authority organizing the price negotiation shall notify in writing to the parties involved in the price negotiation to complete it in accordance with the regulations.

For cases of price negotiation at the request of the Prime Minister, Minister, Head of a ministerial-level agency, Head of a government agency, Chairman of the People's Committee of a province, the deadline for the parties to complete the Price Negotiation File according to regulations is a maximum of fifteen working days calculated from the postmark or receipt stamp of the official letter.

4. Within a maximum period of fifteen working days from the date of receiving the Price Negotiation File in accordance with regulations (calculated from the receipt stamp of the official letter), the competent authority to organize price negotiation shall proceed with the price negotiation.

5. If the buyer or seller or both the buyer and seller propose price negotiation, the buyer and seller have the right to withdraw the Price Negotiation File to negotiate on the purchase and sale prices of goods and services before the competent authority organizes the price negotiation and must report the agreed price and the time of implementation to the competent authority organizing the price negotiation.

6. At the Price Negotiation Meeting:

a) The competent authority organizing the price negotiation presents the purpose, requirements, and content of the price negotiation; requests the buyer and seller to present their price negotiation files and proposals; and simultaneously seeks opinions from directly related agencies participating in the price negotiation;

b) The competent authority organizing the 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 notification of the results of the price negotiation for the two parties to implement.

7. In cases where price negotiation has been organized but the parties have not reached an agreement on the price, the authority organizing the price negotiation (Price Management Department/Department of Finance) decides on a temporary price for the parties to implement.

The temporary price decision published by the Price Management Department/Department of Finance is effective for a maximum of six months. During the implementation of the temporary price decision, the parties continue to negotiate on the price. If the parties reach an agreement on the price, they shall implement it according to the agreed price and have the responsibility to report the agreed price and the time of implementation to the authority organizing the price negotiation.

After the six-month period, if the parties cannot agree on the price, the competent authority will organize the second round of price negotiation. If the parties still fail to reach an agreement on the price, the temporary price decision will continue to be effective until an agreement on the price is reached.

Section 4. INSPECTION OF PRICE FORMATION FACTORS

Article 12. Organization of inspection of price formation factors

1. In cases of inspecting price formation factors, the procedures and deadlines for inspecting price formation factors shall be implemented in accordance with Article 13 of Decree No. 177/2013/NĐ-CP.

2. Documents serving the inspection of price formation factors include:

a) Pricing plans for goods and services established according to the general pricing method prescribed by the Minister of Finance and guided pricing methods for specific fields issued by the competent authority or suitable pricing methods implemented by enterprises themselves; documents, books, and vouchers serving the preparation of the pricing plan (originals or certified copies by the competent authority); Economic and technical norms tables that organizations and individuals are currently applying to determine the cost of goods and services;

b) Goods circulation situation (beginning-of-year, beginning-of-quarter, beginning-of-month inventory; imports and exports during the year, quarter, month; end-of-year, end-of-quarter, end-of-month inventory) and service supply;

c) Audited financial reports related to the year concerning the inspection of price formation factors;

d) Other documents related to the content of inspecting price formation factors.

Article 13. Authority and responsibility for inspecting price formation factors

1. The Ministry of Finance (Price Management Department) shall take the lead and coordinate with relevant agencies to organize inspections of price formation factors for goods and services listed in the Price Stabilization Goods and Services Catalogue; goods and services within the price-setting authority of the Government, Prime Minister, and Minister of Finance; other goods and services when prices fluctuate abnormally at the request of the Prime Minister or Minister of Finance.

2. Ministries and agencies equivalent to ministries shall take the lead and coordinate with the Ministry of Finance (Price Management Department) and provincial People's Committees (Finance Departments) to inspect price formation factors for goods and services within the price-setting authority of the Minister or Head of an agency equivalent to a ministry; other goods and services when prices fluctuate abnormally at the request of the Minister or Head of an agency equivalent to a ministry.

3. The Finance Department shall take the lead and coordinate with relevant agencies to organize inspections of price formation factors for goods and services listed in the Price Stabilization Goods and Services Catalogue of organizations and individuals in their jurisdiction; goods and services within the price-setting authority of the provincial People's Committee; other goods and services when prices fluctuate abnormally at the request of the Chairman of the provincial People's Committee.

Section 5. PRICE DECLARATION

Article 14. Agencies receiving price declarations and entities implementing price declarations

1. The Ministry of Finance (Price Management Department) shall take the lead in receiving and reviewing price declaration documents for goods and services specified in points c, d, đ, e, g, h, i, and k of Clause 1, Article 3 of Decree No. 177/2013/ND-CP during periods when the State does not apply price registration measures for price stabilization, and goods and services specified in points b, c, d, đ, e, g, h, i, and m of Clause 1, Article 15 of Decree No. 177/2013/ND-CP declared by organizations and individuals at the Ministry of Finance.

The Price Management Department shall take the lead in selecting and submitting to the Minister of Finance for consideration and issuance of a notification listing organizations and individuals declaring prices at the Ministry of Finance for:

- Economic Groups, State Corporations, Joint Stock Companies, Limited Liability Companies that have production and business networks in two or more centrally-administered cities or provinces.

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

Annually on July 1st or upon the request of the Minister of Finance, the Price Management Department shall be responsible for reviewing the list of organizations and individuals declaring prices at the Ministry of Finance (Price Management Department), if necessary, submit to the Minister of Finance for consideration and issuance of a notification adjusting this list.

2. The Finance Department, Industry Management Department, and district-level People's Committees assigned by the provincial People's Committee shall receive price declaration documents for goods and services specified in Clause 1, Article 3 of Decree No. 177/2013/ND-CP during periods when the State does not apply price registration measures for price stabilization; goods and services specified in points b, c, d, đ, e, g, h, i, k, l, and m of Clause 1, Article 15 of Decree No. 177/2013/ND-CP; special goods and services subject to local price declarations as stipulated in Clause 3, Article 15 of Decree No. 177/2013/ND-CP declared by organizations and individuals (including agents with pricing and adjustment rights) whose main offices are located in the province but are not included in the list of entities declaring prices at the Ministry of Finance (Price Management Department) or in separate guidance documents on price declarations issued by the Ministry of Finance and the specialized management ministry or by the specialized management ministry according to its authority.

Organizations and individuals who are branches or agents without pricing and adjustment rights (entering direct distribution contracts with suppliers and purchasing and selling goods and services strictly according to the prices determined by the supplier) are not required to declare prices but must notify in writing to the local Finance Department where the branch or agent's main office is located about the lack of pricing and adjustment rights; provide information on the supplier's prices to the local Finance Department or district-level People's Committee assigned by the provincial People's Committee after receiving the supplier's decision or notice to adjust prices and bear responsibility for the accuracy of the provided information.

The Finance Department shall advise the provincial People's Committee to notify organizations and individuals declaring prices in the locality and specifically assign the authority to receive and review price declaration documents locally to the Finance Department, Industry Management Department, and district-level People's Committees.

Annually on July 1st or upon the request of the provincial People's Committee, the Finance Department shall take the lead and coordinate with the Provincial Planning and Investment Department, Taxation Department, and specialized provincial agencies to advise the provincial People's Committee to review and adjust the list of organizations and individuals declaring prices in the locality.

3. Agencies receiving and entities implementing price declarations for medical examination and treatment services for patients at private medical examination and treatment facilities; medical examination and treatment services on demand at state-owned medical examination and treatment facilities; essential medicines listed in the essential medicine catalog implemented according to the guidelines of the Ministry of Health.

4. Lists of organizations and individuals declaring prices; email addresses, phone numbers, and fax numbers of agencies assigned to receive price declarations as stipulated in Clauses 1 and 2 of this Article shall be publicly posted on the websites of these agencies.

5. Goods and services for which specialized laws provide for price declarations shall be implemented in accordance with those laws.

Article 15. Methods for Price Declaration

1. Organizations and individuals shall implement price declaration as prescribed in Articles 15 and 16 of Decree No. 177/2013/ND-CP by preparing a Price Declaration Document (hereinafter referred to as "Document") and submitting it to the competent state agency receiving the Document (hereinafter referred to as "receiving agency") in one of the following forms:

a) Submitting directly two copies at the office of the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit);

b) Sending via official correspondence two copies to the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit);

c) Sending via email with electronic signature or accompanied by a scanned copy of the Price Declaration Document signed and stamped red according to the address notified by the receiving agency, or sending via fax and notifying the receiving agency by telephone. At the same time, sending via official correspondence two copies to the receiving agency (accompanied by one envelope with stamps affixed, clearly stating the name, address of the organization or individual, the full name and phone number of the person directly responsible for the unit).

2. The Price Declaration Document shall be prepared in accordance with the guidelines set out in Appendix No. 4 issued together with this Circular. In cases where organizations and individuals have preferential policies, discounts, or rebates for certain customer groups, they must clearly state in the Price Declaration Document the names of the customer groups and the levels of preferential treatment, discounts, or rebates.

3. The method for implementing price declaration for medical examination and treatment services provided to patients at private medical examination and treatment facilities; medical examination and treatment services on demand at state-owned medical examination and treatment facilities; essential medicines for disease prevention and treatment shall be carried out in accordance with the guidelines of the Ministry of Health.

4. Organizations and individuals producing and trading liquefied petroleum gas (LPG) shall implement price declaration as follows:

a) In cases where price declaration is due to changes in the world price of liquefied petroleum gas (LPG) (contract price) (hereinafter referred to as "CP price"), organizations and individuals shall declare prices by preparing a Price Declaration Document and submitting it to the receiving agency before the pricing or adjustment date at least one day in advance. The receiving agency is responsible for reviewing the Document and notifying the organization or individual within a maximum period of one day from the date of receipt of the Document. The organization or individual has the right to buy and sell goods and services at the declared price if, after one day from the date of implementation of the price declaration as prescribed, the receiving agency has not issued a notification by official letter, fax, or email requesting the organization or individual to explain the contents of the Price Declaration Document. Other provisions shall be implemented in accordance with the regulations on price declaration in this Circular;

b) In cases where price declaration is due to changes in other factors forming the price (excluding CP price), organizations and individuals shall implement price declaration in accordance with the general regulations on price declaration in this Circular.

Article 16. Procedures for Receiving and Reviewing Price Declaration Documents

1. Procedures for Receiving Documents

a) For documents submitted directly:

- In cases where the document contains all required components and quantities as stipulated, the document reception officer shall stamp the document with the official receipt seal and record the date of submission, and immediately return one copy of the document to the organization or individual who submitted it directly; simultaneously, send one copy of the document to the leadership of the agency and relevant departments for review on the same working day or at the beginning of the next working day;

- In cases where the document does not contain all required components and quantities as stipulated, the document reception officer shall clearly note the reasons for returning the document and the necessary supplementary information, and immediately return the document to the organization or individual who submitted it directly;

b) For documents sent via official correspondence, fax, or email:

- Upon receipt of the document, the document reception officer shall check its components and quantities. If the document contains all required components and quantities as stipulated, the document reception officer shall stamp the document with the official receipt seal and record the date of receipt, and immediately send one copy of the document via postal service to the organization or individual; simultaneously, send one copy of the document to the leadership of the agency and relevant departments for review on the same working day or at the beginning of the next working day.

- In cases where the document does not contain all required components and quantities as stipulated, the receiving agency shall notify the organization or individual by official letter, fax, or email to submit supplementary components and quantities within a maximum period of two working days from the date of receipt of the document. The date when the organization or individual submits all required components and quantities shall be considered the date of receipt of the document, and the document reception officer shall stamp the document with the official receipt seal and record the date of receipt.

c) After five working days from the date of receipt of the document as specified in points a and b of this clause, if the receiving agency does not issue any comments requiring the organization or individual to explain the contents of the document, the organization or individual may purchase and sell at the declared price.

2. Procedures for Reviewing Documents

a) The receiving agency shall review the contents of the document regarding the date of implementation of the declared price, the price declaration table, and the section explaining the reasons for price adjustments;

b) In cases where the explanations for price adjustments in the document are inappropriate or unrelated to the increase or decrease in the price of goods or services, the relevant departments shall report to the competent authority and notify the organization or individual by official letter, fax, or email within a maximum period of four working days from the date of receipt of the document that they are not allowed to apply the declared price. The organization or individual shall be responsible for complying with this requirement or must re-implement the obligation to declare prices in accordance with the regulations.

c) In case the price declaration document contains unclear content or requires explanation regarding factors causing an increase or decrease in prices, leading to an increase or decrease in declared prices (except for cases stipulated in point b of this clause), within a maximum of four working days from the date of receiving the document, relevant departments shall report to the competent authority and notify the organization or individual in writing through official letters, fax, or email, requesting them to explain the contents that have not met the requirements, the reasons for price adjustments that are unclear, the actions that need to be redone, and the deadline for submitting the explanation to the receiving agency. The explanation shall be submitted according to the procedure for receiving the declaration document as specified in Clause 1 of Article 16 of this Circular.

- The time limit for organizations and individuals to provide explanations and submit the explanation document to the receiving agency shall not exceed ten working days from the date the receiving agency notifies in writing the request for organizations and individuals to provide explanations until the date the receiving agency receives the explanation document, calculated based on the receipt stamp of the receiving agency or the sending date recorded in the email of the organization or individual.

- The time limit for the receiving agency to review the content of the explanation document shall not exceed five working days from the date of receiving the explanation document, calculated based on the receipt stamp of the receiving agency.

- After the five-working-day period from the date the competent authority receives the explanation document, if the agency does not issue a document requiring organizations and individuals to provide further explanations, then the organizations and individuals may adjust prices according to the proposed price level and adjustment time stated in the explanation document (if applicable).

- If the explanation provided by organizations and individuals does not meet the requirements of the receiving agency, within a maximum of five working days from the date of receiving the explanation document, the agency may issue a document requiring organizations and individuals to provide further explanations. The process for providing additional explanations shall follow the procedures for the initial explanation as stipulated in this clause.

- After three (three) rounds of explanations but if organizations and individuals still fail to meet the requirements, the receiving agency may issue a document requiring organizations and individuals to buy and sell goods and services at the price before the declaration of prices was made.

Article 17. Rights and Responsibilities of Organizations and Individuals in Implementing Price Declarations

1. For the Receiving Agency:

a) Has the right to use the declared prices provided by organizations and individuals for purposes such as analyzing, summarizing, forecasting market price fluctuations; checking price formation factors, publicly announcing on mass media to serve the goal of stabilizing prices, inspecting and supervising the fulfillment of financial obligations as prescribed by law when necessary;

b) Shall fulfill the obligation to implement the procedures for receiving and reviewing price declaration documents as prescribed in Article 16 of this Circular;

c) Shall fulfill the obligation to keep confidential the declared prices of organizations and individuals during the period when the declared prices have not yet taken effect.

2. For Organizations and Individuals Implementing Price Declarations:

a) Have the right to buy and sell goods and services at the declared prices if, after five working days from the date of implementing the price declaration as prescribed, they do not receive a document (official letter, fax, email) from the receiving agency requiring organizations and individuals not to implement the declared prices as stipulated in point b of Clause 2 of Article 16 or to provide explanations regarding the contents of the price declaration document as stipulated in point c of Clause 2 of Article 16 of this Circular;

b) Have the right to adjust prices of goods and services up or down by a maximum of 3% compared to the immediately preceding declared price when price formation factors change for goods and services as specified in points d, đ, e, g, h, i, and k of Clause 1 of Article 3 of Decree No. 177/2013/ND-CP during the period when the State does not apply price registration measures to stabilize prices and for goods and services as specified in points d and m of Clause 1 of Article 15 of Decree No. 177/2013/ND-CP; while also being required to send a written notice about the new adjusted price to the receiving agency before adjusting the price of goods and services. In case the price adjustment exceeds 3% compared to the immediately preceding declared price, organizations and individuals must declare the price according to the regulations;

c) Shall fulfill the obligation to declare prices in accordance with the provisions of the law and this Circular; provide explanations (if required) according to the requirements of the competent state authorities as stipulated in Clause 2 of Article 16 of this Circular; comply with the inspection of price formation factors by competent state authorities (if required) and bear legal responsibility for the accuracy of the declared prices;

d) Shall not apply the declared price in buying and selling goods and services for a minimum of five working days from the date of implementing the price declaration as prescribed or during the period of providing explanations as requested by the receiving agency of the price declaration document;

đ) Shall fulfill the obligation to publicly disclose information about the declared prices; notify in writing the competent authority receiving the price declaration document if there is a change in the start date for applying the declared prices; publicly display and post the prices throughout the distribution system (if applicable); comply with the posted prices; and adhere to price stabilization measures by competent state authorities as prescribed by law;

e) Shall fulfill the obligation to comply with administrative penalty measures prescribed by law for failing to declare prices; declaring prices incorrectly compared to the prescribed price declaration document format; arbitrarily increasing prices beyond the declared price with the competent state management authority when the competent state management authority has requested an explanation but the organization or individual has not completed the explanation regarding the declared price; arbitrarily increasing prices beyond the declared price with the competent state management authority when the competent state management authority has requested suspension of application of the new price and re-declaration of the price.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from June 14, 2014. The Circular No. 104/2008/TT-BTC dated November 13, 2008 of the Ministry of Finance guiding the implementation of the Government Decree No. 170/2003/NĐ-CP dated December 25, 2003 on detailed regulations for certain provisions of the Price Ordinance and the Government Decree No. 75/2008/NĐ-CP dated June 9, 2008 amending and supplementing certain provisions of the Government Decree No. 170/2003/NĐ-CP dated December 25, 2003 on detailed regulations for certain provisions of the Price Ordinance, and the Circular No. 122/2010/TT-BTC dated August 12, 2010 of the Ministry of Finance amending and supplementing the Circular No. 104/2008/TT-BTC dated November 13, 2008 of the Ministry of Finance are hereby abolished.

Article 19. Implementation

1. The Minister of Finance authorizes the Director of the Department of Price Management under the Ministry of Finance to announce in writing the levels of costs specified in point e, Clause 1, Article 8 of this Circular.

2. The People's Committee of the province shall issue regulations on price management within their jurisdiction based on the actual situation in their locality and relevant laws on price management.

3. In case difficulties arise during implementation, they should be promptly reported to the Ministry of Finance (Department of Price Management) for consideration and resolution./.