Decree No. 85/2024/ND-CP provides detailed regulations on certain provisions of the Price Law.

 

DECREE

DETAILING CERTAIN PROVISIONS OF THE PRICING LAW

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Local Administration Organization dated November 22, 2019;

On the basis of Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on Prices dated June 19, 2023;

At the proposal of the Minister of Finance;

The Government issues this Decree to provide detailed regulations on certain provisions of Pricing Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions of the Pricing Law, including:

1. Clause 4, Article 17 regarding the procedures and formalities for adjusting the List of Goods and Services for Price Stabilization.

2. Clause 3, Article 20 concerning the organization to implement price stabilization.

3. Clause 6, Article 21 regarding the procedures and formalities for adjusting the List of Goods and Services priced by the State.

4. Clause 3, Article 24 on issuing pricing documents or adjusting pricing levels.

5. Clause 6, Article 27 concerning the organization of price negotiation.

6. Clause 8, Article 28 on price declaration.

7. Clause 2, Article 30 on goods and services subject to reference pricing and the publication, use of reference pricing.

8. Clause 2, Article 37 on coordination work to perform tasks of compiling, analyzing, forecasting market prices.

9. Clause 5, Article 38 on building, managing, updating, and utilizing price databases.

Article 2. Applicability

Organizations and individuals engaged in trading goods and services; consumers; state agencies; other organizations and individuals related to activities within the pricing field and price appraisal on the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Goods and services priced by one level are goods and services listed in the List of Goods and Services Priced by the State attached as Appendix No. 02 to the Pricing Law, wherein one level with authority to set prices according to Clause 3, Article 21 of the Pricing Law shall set prices for goods and services.

2. Goods and services priced by two levels are goods and services listed in the List of Goods and Services Priced by the State attached as Appendix No. 02 to the Pricing Law, wherein two levels with authority to set prices according to Clause 3, Article 21 of the Pricing Law shall set prices for goods and services (one level being a ministry or equivalent agency setting the price range or maximum or minimum price, and another level being a ministry or equivalent agency or provincial People's Committee setting specific prices).

In cases where both levels are the same agency, this agency shall set the price range or maximum or minimum price and also set specific prices according to the regulations.

Chapter II
SPECIFIC REGULATIONS ON THE ACTIVITIES OF MANAGING AND REGULATING PRICES BY THE STATE

Section 1. PRICE STABILIZATION

Article 4. Procedures and formalities for proposing adjustments to the List of Goods and Services for Price Stabilization

1. Ministries, ministerial-level agencies managing sectors and fields, and provincial People's Committees assess the necessity of adjusting the List of Goods and Services for Price Stabilization based on criteria for goods and services for price stabilization stipulated in Clause 1, Article 17 of the Pricing Law and the following grounds:

a) The Party’s guidelines and policies of the State on economic and social development;

b) Requirements in state management of goods and service prices to ensure economic and social development, people's livelihood, business operations of enterprises, or to be consistent with changes in supply and demand relationships on the market for such goods and services;

c) Results of research, summary, and evaluation of the current status of price management measures for goods and services that need adjustment.

2. Based on the grounds specified in Clause 1 of this Article, when it is necessary to propose adjustments to the List of Goods and Services for Price Stabilization, ministries, ministerial-level agencies managing sectors and fields, and provincial People's Committees shall carry out the following contents:

a) In case of proposing to include goods and services in the List of Goods and Services for Price Stabilization: summarize and evaluate the situation of supply and demand, market price trends, and the current status of price management measures for goods and services to be included; evaluate the necessity of adjusting the list of goods and services for price stabilization according to Clause 1 of this Article; evaluate the impact of the policy of including goods and services in the List of Goods and Services for Price Stabilization; seek opinions from relevant agencies, organizations, and individuals; organize meetings and seminars to seek opinions, study, and refer to foreign experiences (if necessary);

b) In case of proposing to remove goods and services from the List of Goods and Services for Price Stabilization: summarize and evaluate the implementation of price stabilization for goods and services; evaluate the situation of supply and demand, market price trends for goods and services; evaluate the necessity of adjusting the list of goods and services for price stabilization according to Clause 1 of this Article and propose alternative price management measures for goods and services after they are removed from the List of Goods and Services for Price Stabilization; evaluate the impact of the policy of removing goods and services from the List of Goods and Services for Price Stabilization; seek opinions from relevant agencies, organizations, and individuals; organize meetings and seminars to seek opinions, study, and refer to foreign experiences (if necessary);

c) In case a provincial People's Committee proposes to adjust the list of goods and services for price stabilization, the provincial People's Committee shall seek opinions from relevant agencies, organizations, and individuals and ministries, ministerial-level agencies managing sectors and fields for those goods and services before submitting to the Ministry of Finance for consolidation.

3. Ministries, ministerial-level agencies managing sectors and fields, and provincial People's Committees submit one original copy of the proposal to adjust the List of Goods and Services for Price Stabilization to the Ministry of Finance for consolidation, which includes the following documents:

a) A document proposing to adjust the List of Goods and Services for Price Stabilization:

In case of proposing to include goods and services in the List of Goods and Services for Price Stabilization, clearly specify the name of the goods and services, the proposed economic and technical characteristics of the goods and services; propose the ministry or ministerial-level agency managing the sector or field to define the economic and technical characteristics of the goods and services and take the lead in implementing price stabilization measures;

In case of proposing to remove goods and services from the List of Goods and Services for Price Stabilization, clearly specify the name of the goods and services and the alternative price management measures for those goods and services;

b) A report summarizing and evaluating the contents as prescribed in point a and point b of Clause 2 of this Article;

c) A report evaluating the impact of the policy of including or removing goods and services from the List of Goods and Services for Price Stabilization;

d) A consolidated version, explanation, and adoption of comments.

đ) Other related documents (if any);

4. On the basis of the proposal from the ministry or equivalent agency managing the industry or sector, the provincial People's Committee sends to the Ministry of Finance, which shall take the lead and coordinate with relevant agencies to submit to the Government for consideration by the Standing Committee of the National Assembly to issue a Resolution adjusting the list of goods and services subject to price stabilization according to the procedure stipulated in the Law on Legislative Documents.

Article 5. Implementation of Price Stabilization pursuant to Clause 1 of Article 20 of the Law on Prices

1. The ministry or equivalent agency managing the industry or sector that has a document proposing price stabilization for goods and services under its management shall send it to the Ministry of Finance for consolidation to be submitted to the Government for approval of the policy on price stabilization according to the following content and procedures:

a) The ministry or equivalent agency managing the industry or sector concerning goods and services listed in the Price Stabilization List, when assessing the degree of market price fluctuations of goods and services, their impact on the economy and society, production and business activities, people's livelihoods, and the necessity of implementing price stabilization measures, shall prepare a report on price stabilization (including the contents specified in point b of this clause), along with a document requesting the Government to approve the policy on price stabilization (including the contents specified in point c of this clause) to be sent to the Ministry of Finance for consolidation;

b) The report on price stabilization shall include the following information: legal basis; the necessity to implement price stabilization; analysis of the development trend, causes, and direction of market prices of goods and services that have increased excessively or decreased excessively compared to a certain period before; supply and demand situation of goods and services domestically and internationally; factors affecting the domestic and international markets (if any) and other necessary information;

c) The document requesting the Government to approve the policy on price stabilization from the ministry or equivalent agency managing the industry or sector shall include the following contents: name of goods and services proposed for price stabilization; assignment of responsibilities for implementation and reporting on the results of price stabilization to relevant agencies, organizations, and individuals; other related contents;

d) Based on the proposals from ministries and equivalent agencies managing the industry or sector concerning goods and services listed in the Price Stabilization List, within a maximum of 10 working days from the date of receiving all the information as prescribed in Clause a of this Article, the Ministry of Finance shall consolidate and report to the Government for consideration and decision on the policy on price stabilization. In case of necessity, the Ministry of Finance may request relevant agencies and organizations to provide additional information to serve the consolidation and reporting to the Government for consideration and approval of the policy on price stabilization. The time limit for relevant agencies and organizations to provide information is a maximum of 3 working days from the date of receipt of the request from the Ministry of Finance.

2. The Government decides on the policy on price stabilization, assigns the main responsibility for organizing the implementation of price stabilization to the ministry or equivalent agency managing the industry or sector concerning goods and services, and assigns the coordinating responsibility to other ministries, equivalent agencies, and provincial People's Committees involved. The authority and responsibility for implementing price stabilization shall be carried out in accordance with the provisions of Article 7 of this Decree.

3. Based on the policy on price stabilization decided by the Government, the ministry or equivalent agency managing the industry or sector shall be responsible for leading and guiding the provincial People's Committee to implement one or more of the following methods to determine the cause of price fluctuations, serving as the basis for selecting appropriate measures, duration, and scope of price stabilization as follows:

a) Inspecting the factors forming the price in accordance with the provisions of Articles 31, 32, and 33 of the Law on Prices or requiring enterprises to report on some factors forming the price;

b) Monitoring the inventory of goods of organizations and individuals engaged in trading goods and services;

c) Evaluating the supply and demand of goods and services: assessing the current supply and demand situation of the market for goods and services and analyzing the causes of imbalance in the supply and demand of goods and services.

4. The ministry or equivalent agency managing the industry or sector shall issue a Decision on Price Stabilization including the following contents:

a) Name of goods and services decided by the Government for price stabilization;

b) One or more measures for price stabilization applied in accordance with the provisions of Article 19 of the Law on Prices;

c) Duration of applying price stabilization measures;

d) Scope of application of price stabilization;

đ) Assignment of responsibilities for implementation and reporting on the results of price stabilization to localities and relevant units, organizations, and individuals;

e) Other related contents.

5. The ministry or equivalent agency managing the industry or sector shall be responsible for:

a) Organizing the implementation, guidance, and regular monitoring and inspection of the implementation of the Decision on Price Stabilization issued by itself, making timely adjustments in line with actual conditions;

b) Organizing the implementation, guidance, monitoring, and supervision of the implementation, ensuring transparency in the management and use of the price stabilization fund for goods and services included in the list of goods and services subject to price stabilization decided by the Government to establish a price stabilization fund;

c) Reporting to the Government on the results of price stabilization, while sending to the Ministry of Finance for consolidation in accordance with regulations.

6. Based on the implementation of price stabilization, evaluating the actual price trends of goods and services, the ministry or equivalent agency managing the industry or sector concerning goods and services may terminate price stabilization ahead of schedule or extend the duration of applying price stabilization measures, and simultaneously report to the Government and send to the Ministry of Finance for consolidation in accordance with regulations. The document adjusting the duration of applying price stabilization measures from ministries and equivalent agencies managing the industry or sector is an administrative document.

7. Organizations and individuals engaged in trading goods and services shall be responsible for complying with announced price stabilization measures and declaring the initial and revised prices of goods and services being implemented in accordance with Article 17 of this Decree from the date the price stabilization measures are applied.

Article 6. Implementation of price stabilization according to Clause 2 of Article 20 of the Law on Prices Clause 2 of Article 20 of the Law on Prices

1. For nationwide price stabilization:

a) In cases where goods and services are included in the Price Stabilization List, the ministry or agency at the ministerial level managing the industry or sector shall assess actual developments and market price levels of such goods and services; prepare a price stabilization report (including contents as stipulated in Point b, Clause 1 of Article 5 of this Decree), along with a request for price stabilization (including contents as stipulated in Point c of this Clause) to be sent to the Ministry of Finance for consolidation and submission to the Government for decision on policy, measures, and duration of price stabilization that are appropriate and assignment of organizations to implement. If necessary, the Ministry of Finance may require relevant agencies and organizations to report other information to serve the consolidation of reports for the Government;

b) In cases where goods and services are not included in the Price Stabilization List but immediate price stabilization is required according to the provisions of Point a, Clause 2 of Article 20 of the Law on Prices, the ministry or agency at the ministerial level managing the industry or sector shall assess actual developments and market price levels of such goods and services; prepare a price stabilization report (including contents as stipulated in Point b, Clause 1 of Article 5 of this Decree), along with a request for price stabilization (including contents as stipulated in Point c of this Clause) to be sent to the Ministry of Finance for consolidation and submission to the Government for submission to the Standing Committee of the National Assembly for consideration and decision on policy, measures, and duration of price stabilization. Based on the approval of the Standing Committee of the National Assembly, ministries, agencies at the ministerial level managing the industry or sector, and provincial People's Committees shall be responsible for organizing implementation according to the division of labor assigned by the Government;

c) The request for price stabilization from the ministry or agency at the ministerial level managing the industry or sector shall include the following contents: name of goods and services proposed for price stabilization; stabilization measures to be applied; duration of application of stabilization measures; scope of application of price stabilization; allocation of responsibilities for implementation and reporting results of price stabilization to relevant agencies, organizations, and individuals; other related contents;

d) Based on the situation of implementing price stabilization, assessing actual price developments of goods and services, the ministry or agency at the ministerial level managing the industry or sector may propose to terminate price stabilization before the deadline or extend the duration of application of stabilization measures and send them to the Ministry of Finance for consolidation to submit to the Government for consideration and decision for goods and services included in the Price Stabilization List, or send them to the Ministry of Finance for consolidation to submit to the Government for submission to the Standing Committee of the National Assembly for consideration and decision for goods and services not included in the Price Stabilization List;

a) The department managing the industry or sector shall assess actual developments and market price levels of goods and services in the locality to prepare a price stabilization report (including contents as stipulated in Point b, Clause 1 of Article 5 of this Decree), along with a request for price stabilization (including contents as stipulated in Point b of this Clause) to be sent to the Department of Finance for consolidation and submission to the Provincial People's Committee for consideration and decision on policy, measures, and duration of price stabilization that are appropriate and assignment of organizations to implement. If necessary, the Department of Finance may require relevant agencies and organizations to report other information to serve the consolidation of reports for the Provincial People's Committee. Departments, bureaus, sectors, and district-level People's Committees have the responsibility to organize implementation according to the division of labor assigned by the Provincial People's Committee. The Provincial People's Committee shall report to the Government on the results of price stabilization and simultaneously send the Ministry of Finance for consolidation according to regulations;

b) The request for price stabilization from the department managing the industry or sector shall include the following contents: name of goods and services proposed for price stabilization; stabilization measures to be applied; duration of application of stabilization measures; scope of application of price stabilization; allocation of responsibilities for implementation and reporting results of price stabilization to relevant agencies, organizations, and individuals; other related contents;

c) Based on the situation of implementation and assessment of actual price developments of goods and services, the department managing the industry or sector may propose to terminate price stabilization before the deadline or extend the duration of application of stabilization measures and send them to the Department of Finance for consolidation to submit to the Provincial People's Committee for decision. The administrative document adjusting the duration of application of stabilization measures of the Provincial People's Committee is an administrative document;

3. Organizations and individuals engaged in trading goods and services shall be responsible for complying with announced stabilization measures and conducting initial price declarations and re-declarations of prices of goods and services being implemented according to Article 17 of this Decree from the date the stabilization measures are applied.

Article 7. Authority and responsibility for implementing price stabilization

1. Ministries and ministerial-level agencies managing industries and sectors shall define the economic and technical characteristics of goods and services listed in the Price Stabilization Goods and Services List; propose, advise, guide, and organize the implementation of price stabilization measures assigned by the Government and decide to apply one or more price stabilization measures prescribed in Clause 1, Article 19 of the Law on Prices according to their authority for specific goods as follows:

a) The Ministry of Agriculture and Rural Development shall take the lead for white rice, polished rice; urea fertilizer, DAP fertilizer, NPK fertilizer; animal feed, fish feed; vaccines for livestock and poultry; plant protection chemicals;

b) The Ministry of Industry and Trade shall take the lead for refined oil products; liquefied petroleum gas (LPG);

c) The Ministry of Health shall take the lead for milk for children under six years old; essential medicines used at medical facilities;

d) The ministry or ministerial-level agency managing the industry or sector shall take the lead for goods and services added to the Price Stabilization Goods and Services List and goods and services not included in the Price Stabilization Goods and Services List but requiring immediate price stabilization as provided in point a, Clause 2, Article 20 of the Law on Prices. In cases where goods and services fall within the management scope of multiple ministries or ministerial-level agencies, the Government shall assign one of the ministries or ministerial-level agencies managing the industry or sector to take the lead.

2. The Ministry of Finance shall take the lead and coordinate with relevant ministries and sectors in advising the Government to consider and decide on policies, measures, and timeframes for price stabilization as prescribed in Article 20 of the Law on Prices.

3. The State Bank of Vietnam shall take the lead and coordinate with relevant ministries and sectors in advising the Government and organizing the implementation of appropriate monetary measures in accordance with the law to stabilize prices.

4. Provincial People's Committees shall organize the implementation of price stabilization measures decided by the Standing Committee of the National Assembly, the Government, and ministries or ministerial-level agencies managing industries and sectors according to their functions, tasks, and authorities; decide on price stabilization measures according to their authority as provided in point b, Clause 2, Article 20 of the Law on Prices as follows:

a) Balancing supply and demand for certain goods and services;

b) Financial measures in accordance with the provisions of the law;

c) Specific pricing, maximum price, minimum price, or price range suitable for each type of goods and services; the pricing of goods and services shall be carried out in accordance with the principles, bases, and methods prescribed in Section 2, Chapter IV of the Law on Prices;

d) Applying price support measures in accordance with the provisions of the law and international agreements to which the Socialist Republic of Vietnam is a party.

Section 2. PRICING

Article 8. Procedures and formalities for proposing adjustments to the list of goods and services priced by the State

1. Ministries, ministerial-level agencies, and provincial people's committees shall assess the necessity of adjusting the list of goods and services priced by the State based on the criteria for goods and services priced by the State prescribed in Clause 1, Article 21 of the Law on Prices and the following grounds:

a) The Party’s guidelines and policies of the State on economic and social development;

b) Requirements in state management of goods and service prices to ensure economic and social development, people's livelihood, business operations of enterprises, or to be consistent with changes in supply and demand relationships on the market for such goods and services;

c) Results of research, summary, and evaluation of the current status of price management measures for goods and services that need adjustment.

2. Based on the grounds prescribed in Clause 1 of this Article, when it is necessary to propose adjustments to the list of goods and services priced by the State, ministries, ministerial-level agencies, and provincial people's committees shall implement the following contents:

a) In the case of proposing to include goods and services in the list of goods and services priced by the State: summarize and evaluate the supply and demand situation, market price trends, and the current price management measures for the goods and services to be included; assess the necessity of adjusting the list of goods and services priced by the State as prescribed in Clause 1 of this Article; propose regulations on pricing authority, pricing forms, and the application of pricing methods; assess the impact of the policy of including goods and services in the list of goods and services priced by the State; seek opinions from relevant agencies, organizations, and individuals; organize meetings and seminars to gather opinions, conduct research, and refer to foreign experiences (if necessary);

b) In the case of removing goods and services from the list of goods and services priced by the State: summarize and evaluate the State's pricing implementation for the goods and services; assess the supply and demand situation and market price trends for the goods and services; assess the necessity of adjusting the list of goods and services priced by the State as prescribed in Clause 1 of this Article and propose alternative price management measures for the goods and services after they are removed from the list of goods and services priced by the State; assess the impact of the policy of removing goods and services from the list of goods and services priced by the State; seek opinions from relevant agencies, organizations, and individuals; organize meetings and seminars to gather opinions, conduct research, and refer to foreign experiences (if necessary).

3. Ministries, ministerial-level agencies, and provincial people's committees shall submit one original copy of the proposal to adjust the list of goods and services priced by the State to the Ministry of Finance for consolidation; the dossier shall include the following documents:

a) A document proposing to adjust the list of goods and services priced by the State.

In the case of proposing to include goods and services in the list of goods and services priced by the State, clearly state the name of the goods and services, and the proposed economic and technical characteristics of the goods and services; propose pricing authority, pricing form, and the application of pricing methods.

In the case of proposing to remove goods and services from the list of goods and services priced by the State, clearly state the name of the goods and services; propose alternative price management measures for the goods and services.

b) A report summarizing and evaluating the contents as prescribed in point a and point b of Clause 2 of this Article;

c) A report assessing the impact of the policy of including or removing goods and services from the list of goods and services priced by the State;

d) A summary, explanation, and adoption of comments and suggestions;

đ) Other related documents (if any);

4. Based on the received dossier, the Ministry of Finance shall coordinate with relevant ministries, ministerial-level agencies, provincial people's committees, and related agencies to present to the Government for comments on the proposal to adjust the list of goods and services priced by the State.

5. In case the Government decides not to adjust the List of goods and services priced by the State: The Ministry of Finance shall issue a notification to ministries, ministerial-level agencies, and provincial People's Committees to submit requests for adjusting the List of goods and services priced by the State.

6. In case the Government agrees on a proposal to adjust the List of goods and services priced by the State: The Ministry of Finance shall take the lead and coordinate with relevant agencies to submit the proposal to the Government for consideration and issuance of a Resolution to adjust the List of goods and services priced by the State according to the procedures stipulated in the Law on Legislative Activities.

Article 9. Establishing Pricing Plans for Goods and Services

1. The establishment of pricing plans for goods and services priced at one level shall be regulated as follows:

a) For goods and services within the pricing authority of the Prime Minister: The Prime Minister shall assign ministries, ministerial-level agencies managing sectors and fields of goods and services to organize the selection and request organizations, units, entities, and individuals engaged in the business of goods and services to establish pricing plans. The selection of organizations and individuals engaged in the business of goods and services shall be carried out in accordance with Clause 3 of this Article;

b) For goods and services funded by the State budget and implemented through procurement and within the procurement authority of local agencies and organizations: Organizations producing, trading, and supplying goods and services through procurement shall establish pricing plans;

c) For goods and services serving defense and security tasks implemented through procurement and assignment of tasks: defense and security units and enterprises assigned to produce and supply goods and services shall establish pricing plans;

d) For national reserve goods in the defense and security sector: organizations and individuals engaged in the business of goods and services, or reserve units, or units directly managing national reserve goods, or organizations tasked with purchasing national reserve goods shall establish pricing plans when purchasing national reserve goods; reserve units, or units directly managing national reserve goods, or organizations tasked with selling national reserve goods shall establish pricing plans when selling national reserve goods;

đ) For goods and services priced at another level other than those specified in points a, b, c, and d of this clause: the agency with pricing authority shall organize the selection and request organizations, units, entities, and individuals engaged in the business of goods and services to establish pricing plans. The selection of organizations and individuals engaged in the business of goods and services shall be carried out in accordance with Clause 3 of this Article.

2. The establishment of pricing plans for goods and services priced at two levels shall be regulated as follows:

a) For goods and services funded by the State budget and implemented through procurement and within the procurement authority of central agencies and organizations: Organizations producing, trading, and supplying goods and services through procurement shall establish pricing plans;

b) For national reserve goods purchased through designated tendering (excluding national reserve goods in the defense and security sector): organizations and individuals receiving tender documents in accordance with the law on bidding shall establish pricing plans. For national reserve goods purchased through broad direct purchase from all entities: the National Reserve Administration in the region shall establish pricing plans;

c) For national reserve goods sold through designated sale or broad direct sale to all entities (excluding national reserve goods in the defense and security sector): reserve units, or units directly managing national reserve goods, or organizations tasked with selling national reserve goods shall establish pricing plans. In cases where national reserve goods are managed by the Ministry of Finance, the National Reserve Administration in the region shall establish pricing plans;

3. The selection of organizations and individuals engaged in the business of goods and services as prescribed in point a of Clause 1 and point d of Clause 2 of this Article shall be carried out in accordance with the following principles:

a) The selection must be consistent with the basis and principles of pricing goods and services under the Price Law, the nature of goods and services, pricing objectives, and the form of pricing goods and services;

b) In cases where the agency with pricing authority prices collectively for all organizations and individuals: if there are three or fewer organizations and individuals engaged in the business of goods and services, all organizations and individuals must establish pricing plans. If there are more than three organizations and individuals engaged in the business of goods and services, the number of selected organizations and individuals should be appropriate to the market reality based on criteria such as revenue, market share, and other special criteria related to the industry and field of goods and services, but at least three organizations and individuals must be selected;

In cases where the agency with pricing authority prices individually for each organization and individual engaged in the business of goods and services: each organization and individual engaged in the business of goods and services must establish a pricing plan.

c) In cases where the provincial People's Committee prices: the selection shall be made among organizations and individuals engaged in the business of goods and services within the province; in cases where the Prime Minister or ministries, ministerial-level agencies price: the selection shall be made among organizations and individuals engaged in the business of goods and services nationwide;

d) The agency organizing the selection must ensure objectivity and transparency and bear responsibility for its selection;

đ) Other organizations and individuals engaged in the business of goods and services have the right to establish pricing plans to submit to the agency with pricing authority for consideration to assist in pricing.

4. Pricing plans for goods and services shall be established according to the model set forth in Appendix II attached to this Decree and must be accompanied by the following documents and materials:

a) A valuation proposal document (or price adjustment proposal) for goods and services according to Model No. 01 attached as Appendix I to this Decree;

b) In cases where goods and services using state budget funds are implemented through ordering methods: the pricing plan accompanied by the approval document for the ordering method issued by the competent authority, and the budget estimate for ordering.

In cases of purchasing national reserve goods: the pricing plan accompanied by the approval document for the broad direct purchase plan from all entities or the approval document for the bidding selection plan; the document assigning the national reserve plan quota and the annual budget estimate approved by the competent authority.

In cases of selling national reserve goods: the pricing plan accompanied by the approval document for the broad direct sale plan to all entities or the approval document for the designated sale plan; the approval document for the unit designated to sell national reserve goods (if any); the document assigning the national reserve plan quota.

c) Legal documents (if any);

d) Other documents as prescribed by relevant laws regarding valuation methods or management of goods and services in the fields of ministries and sectors (if any).

5. Organizations and individuals responsible for establishing the pricing plan shall submit it to the agency or unit assigned to review the pricing plan within a maximum period of 30 days from the date of receipt of the request document via registered mail. In complex cases, organizations and individuals have the right to submit a document requesting an extension of the time to establish the pricing plan (accompanied by reasons and detailed explanations) to the competent state agency; the extended period shall not exceed 15 days.

Organizations and individuals responsible for explaining the pricing plan shall provide clear reports on certain contents in the pricing plan and accompanying documents when requested by the competent state agency.

6. For goods and services with specific pricing authority delegated to provincial People's Committees under the Price Law, if there are no organizations or individuals operating such goods and services in the province or centrally-administered city, the provincial People's Committee or the People's Committee of the centrally-administered city does not need to implement pricing.

Article 10. Review of Pricing Plans

1. The review of pricing plans involves evaluating the pricing plan dossier based on principles, grounds, and methods of pricing established by the competent state agency to determine and propose prices suitable for the form of pricing of goods and services.

2. The organization of the review of pricing plans for goods and services priced by one level as specified in Clause 1, Article 9 of this Decree is regulated as follows:

a) For goods and services within the pricing authority of the Prime Minister: The Prime Minister assigns the ministry or equivalent agency managing the sector or field to conduct the review of the pricing plan;

b) For goods and services specified in points b, c, d, and đ of Clause 1, Article 9 of this Decree: The ministry or equivalent agency assigns subordinate agencies or units to conduct the review of the pricing plan; the provincial People's Committee assigns specialized agencies or units under its jurisdiction according to their functions and tasks in managing the sector or field of goods and services or subordinate administrative agencies within their territorial management to conduct the review of the pricing plan, ensuring compliance with local state management requirements on pricing and the Law on Organization of Local Administration.

3. The organization of the review of pricing plans for goods and services priced by two levels as specified in Clause 2, Article 9 of this Decree is carried out as follows:

a) For goods and services using state budget funds implemented through ordering methods and within the ordering authority of the ministry or equivalent agency: The ministry or equivalent agency with ordering authority assigns subordinate agencies or units or units entrusted with the ordering task to conduct the review of the pricing plan. If the ministry or equivalent agency with ordering authority is not the ministry or equivalent agency managing the sector or field of the ordered goods and services, it must seek opinions from the ministry or equivalent agency managing the sector or field about the content of the pricing plan review.

For goods and services using state budget funds implemented through ordering methods and within the ordering authority of central organizations: the central organization conducts the review of the pricing plan and seeks opinions from the ministry or equivalent agency managing the sector or field of the ordered goods and services about the content of the pricing plan review;

The ministry or equivalent agency managing the sector or field of the ordered goods and services has the responsibility to provide comments on the content of the pricing plan review within a maximum of 10 days from the date of receiving the dossier;

b) For national reserve goods as specified in points b and c of Clause 2, Article 9 (excluding national reserve goods in the defense and security sectors): The ministry or equivalent agency managing national reserve goods assigns the national reserve management agency under its jurisdiction or another agency under its jurisdiction (in cases where there is no national reserve management agency under its jurisdiction according to its functions and tasks) to conduct the review of the pricing plan;

c) For other goods and services as specified in point d of Clause 2 of Article 9 of this Decree: The ministry or equivalent agency with specific pricing authority assigns subordinate agencies or units to conduct the review of the pricing plan; the provincial People's Committee assigns specialized agencies or units under its jurisdiction according to their functions and tasks in managing the sector or field of goods and services or subordinate administrative agencies within their territorial management to conduct the review of the pricing plan, ensuring compliance with local state management requirements on pricing and the Law on Organization of Local Administration.

4. The agency or unit assigned to review the pricing plan must issue a written review opinion according to the model at Appendix III attached to this Decree within a maximum period of 30 days from the date of receiving complete dossiers that meet the conditions for reviewing the pricing plan. In complex cases, the maximum review period may be extended by up to 30 additional days.

The competent authority responsible for reviewing the pricing plan has the right to request organizations and individuals to supplement the necessary documents and provide detailed explanations regarding the contents in the submitted files as prescribed.

5. The reviewing agency is responsible for checking the completeness of the components of the file submitted by the agencies, units, organizations, or individuals who prepare the pricing plan; conducting the review within its jurisdiction, based on principles, grounds, valuation methods, and timeframes as stipulated in Clause 4 of this Article; bearing responsibility for the proposed price level ensuring compliance with principles, grounds, and valuation methods; not being responsible for the contents in the documents and papers included in the file that have been approved or resolved by authorized authorities according to the law prior to the review.

1. For cases where goods and services are priced by a single level, the submission and issuance of valuation documents shall be carried out as follows:

a) For goods and services within the pricing authority of the Prime Minister: The Prime Minister examines and issues the valuation document based on the file reviewed and submitted by the ministry or equivalent agency managing the relevant sector or field.

b) For national defense and security reserve goods: The Ministry of National Defense and the Ministry of Public Security examine and issue the valuation document based on the pricing plan file submitted by the agency or unit assigned to review the pricing plan after reaching consensus with the Ministry of Finance on the pricing principles as prescribed by the Law on National Reserves.

c) For goods and services specified in points b, c, and đ of Clause 1 of Article 9 of this Decree: The competent authority for pricing is responsible for examining and issuing the valuation document based on the file submitted by the agency or unit assigned to review the pricing plan.

d) The file submitted to the authorized authority for issuing the valuation document shall comply with the provisions of Clause 4 of this Article.

2. For goods and services priced by two levels, the submission and issuance of valuation documents shall be regulated as follows:

a) For goods and services funded by the state budget and implemented through ordering and within the ordering authority of ministries or equivalent agencies: The ministry or equivalent agency with the authority to order shall approve the result of the review of the pricing plan after obtaining the written opinion of the ministry managing the relevant sector or field as prescribed in point a of Clause 3 of Article 10 of this Decree; based on this, the ministry or equivalent agency shall submit one original copy of the file as prescribed in Clause 3 of this Article to the Ministry of Finance.

For goods and services funded by the state budget and implemented through ordering and within the ordering authority of central organizations: The central organization shall approve the result of the review of the pricing plan after obtaining the written opinion of the ministry managing the relevant sector or field as prescribed in point a of Clause 3 of Article 10 of this Decree; based on this, the central organization shall submit one original copy of the file as prescribed in Clause 3 of this Article to the Ministry of Finance.

b) For goods and services priced by two levels other than those mentioned above: The competent authority for specific pricing shall approve the result of the review of the pricing plan and submit one original copy of the file as prescribed in Clause 3 of this Article to the authority responsible for setting the price range or maximum or minimum price.

c) The competent authority for specific pricing bears responsibility for approving the result of the review of the pricing plan in accordance with the principles, grounds, and valuation methods issued by the competent state authority; it shall be responsible for explaining and adopting the opinions of the authority responsible for setting the price range or maximum or minimum price if required.

d) The authority responsible for setting the price range or maximum or minimum price shall issue the valuation document based on the file submitted by the competent authority for specific pricing, in accordance with the principles, grounds, and valuation methods issued by the competent state authority. The file submitted to the authorized authority for issuing the valuation document shall comply with the provisions of Clause 4 of this Article.

In cases where ministries or equivalent agencies set the price range or maximum or minimum price for specific pricing by provincial People's Committees, the ministries or equivalent agencies may issue the valuation document after receiving at least two-thirds of the number of provincial People's Committees submitting the request file.

đ) After issuing the maximum price, price range, or minimum price document, the competent authority for specific pricing shall organize a review of the information and data in the pricing plan to issue the specific pricing document. The file submitted to the authorized authority for issuing the valuation document shall comply with the provisions of Clause 4 of this Article. The valuation document, once issued, must be sent to notify the authority responsible for setting the price range or maximum or minimum price.

3. The file submitted by the competent authority for specific pricing to the authority responsible for setting the price range or maximum or minimum price as prescribed in points a and b of Clause 2 of this Article includes the following components:

a) The approval document for the result of the review of the pricing plan and the request for pricing (or price adjustment) according to Model No. 02 of Appendix I promulgated together with this Decree.

b) Report on the review of the pricing plan for goods and services; Explanation and adoption of review comments (if any).

c) In cases of pricing goods and services funded by the state budget and implemented through ordering, the file shall include the document approving the ordering method of the authorized authority and the budget estimate for ordering.

In cases of purchasing national reserve goods: the pricing plan accompanied by the approval document for the broad direct purchase plan from all entities or the approval document for the bidding selection plan; the document assigning the national reserve plan quota and the annual budget estimate approved by the competent authority.

In cases of selling national reserve goods: the pricing plan accompanied by the approval document for the broad direct sale plan to all entities or the approval document for the designated sale plan; the approval document for the unit designated to sell national reserve goods (if any); the document assigning the national reserve plan quota.

d) Other files and documents as required by the authority responsible for setting the price range or maximum or minimum price.

đ) The authority responsible for setting the price range or maximum or minimum price may require the competent authority for specific pricing to supplement the file or provide explanations and reports clarifying the contents in the file when necessary.

4. The competent authority for pricing is responsible for issuing the valuation document within a maximum of 30 days from the date of receipt of all files meeting the conditions for issuing the valuation document. The file submitted to the authorized authority for issuing the valuation document (or price adjustment) shall include one original copy of the following documents:

a) The application for valuation (or adjustment of valuation) of goods and services; draft valuation documents (or adjustment of valuation) of goods and services;

b) Report on the assessment of pricing schemes; Report on explanation and adoption of assessment opinions (if any);

c) Other relevant files and documents (if necessary).

5. Valuation documents and price adjustment documents issued by the Prime Minister, ministries, ministerial-level agencies, provincial People's Committees shall be in the form of announcements or administrative decisions appropriate to the nature of the valuation, specifically as follows:

a) In cases where valuation documents are issued according to Clause 1 of this Article: the valuation document shall be issued in the form of a Decision;

b) In cases where valuation documents are issued according to Clause 2 of this Article: valuation documents setting price ranges or maximum prices or minimum prices by competent state agencies shall be issued in the form of Announcements; valuation documents setting specific prices by competent state agencies shall be issued in the form of Decisions.

Article 12. Adjustment of Prices of Goods and Services

1. The establishment of pricing schemes in cases of adjusting prices of goods and services priced by the State shall be carried out as follows:

a) Competent state agencies have the right to request organizations and individuals engaged in trading goods and services to establish pricing schemes in accordance with Article 9 of this Decree for review and adjustment of prices;

b) When factors forming prices or domestic market prices or world market prices fluctuate and affect the level of prices of goods and services, organizations and individuals engaged in trading goods and services must establish pricing schemes and submit them to the competent state agency for review and implementation of price adjustments. When requesting price adjustments, organizations and individuals engaged in trading goods and services priced by the State must submit pricing schemes along with other files and documents as stipulated in Clauses 4 and 5 of Article 9 of this Decree to the competent state agency.

In cases where only one or some organizations and individuals engaged in trading goods and services request price adjustments, the competent state agency has the right to select and require other organizations and individuals also trading such goods and services to report detailed assessments of price-forming factors or submit other relevant files and documents suitable for the valuation method to serve the assessment of pricing schemes.

2. The procedures and processes for assessing pricing schemes, presenting and issuing price adjustment documents for goods and services shall be implemented as prescribed in Articles 10 and 11 of this Decree.

Specifically, in cases prescribed in Point d, Clause 2 of Article 9 of this Decree, when the competent state agency responsible for specific pricing conducts reviews and adjusts prices but the proposed price still falls within the price range or is lower than the maximum price or higher than the minimum price already set by the agency responsible for setting price ranges or maximum prices or minimum prices, the competent state agency responsible for specific pricing does not need to follow the procedures and processes prescribed in Clause 2 of Article 11 of this Decree and may issue specific pricing documents based on the results of similar pricing scheme assessments for goods and services priced at one level. After issuance, these pricing documents must be sent to the agency responsible for setting price ranges or maximum prices or minimum prices for notification.

3. In cases where requests for price adjustments are unreasonable, the competent state agency must issue a document refusing the price adjustment to the organization or individual making the request within a maximum of 30 days from the date of receipt of the file. In cases where the requests are reasonable, the competent state agency will review and issue pricing documents according to the procedures and processes prescribed in this Decree.

Section 3. PRICE NEGOTIATION

Article 13. Organization of price negotiation

The procedures and formalities for organizing price negotiations shall be carried out in accordance with Article 27 of the Law on Prices and the provisions set forth in this Article:

1. Prior to price negotiation

a) Each party sends one original copy of the price negotiation request document directly or through postal service or online public service if available to the price negotiation authority including contents about: product name, service; specifications, quality; quantity; proposed price level; implementation time of the price level; payment conditions of the products and services accompanied by explanations and descriptions of the products and services meeting the criteria specified in Article 25 of the Law on Prices and consistent with the management scope of the price negotiation authority as stipulated in Clause 2 of Article 26 of the Law on Prices. The price negotiation request document shall be implemented according to Model No. 01 Appendix IV promulgated together with this Decree;

b) The price negotiation authority organizes a review of the price negotiation request document within a maximum period of 10 working days from the date of receipt of the price negotiation request document (calculated based on the official letter stamp or through online public service);

In case the price negotiation request document complies with regulations, the price negotiation authority will notify the plan to organize price negotiation and require the buyer and seller to send representatives (or persons authorized to perform the rights and obligations of legal representatives) to attend the price negotiation conference;

In case the price negotiation request document does not comply with regulations, the price negotiation authority will issue a document requesting the parties to supplement information about the products and services. The deadline for the parties to supplement information is a maximum of 15 working days (calculated based on the official letter stamp or through online public service);

c) Within a maximum period of 15 working days from the date of receipt of the price negotiation request document that meets the conditions as prescribed (calculated based on the official letter stamp or through online public service), the competent authority organizing price negotiation will conduct the price negotiation;

d) The buyer and seller have the right to withdraw the price negotiation request document to negotiate independently on the purchase price and selling price of the products and services before the competent authority organizing price negotiation conducts the price negotiation;

2. At the Price Negotiation Conference:

a) Participants in the price negotiation of products and services include: the price negotiation authority as prescribed in Clause 2 of Article 26 of the Law on Prices; the legal representative of the buyer (or person authorized to perform the rights and obligations of the legal representative of the buyer) and the legal representative of the seller (or person authorized to perform the rights and obligations of the legal representative of the seller);

b) The price negotiation authority presents the content of the price negotiation; the proposed purchase price and selling price of the buyer and seller for the buyer and seller to negotiate on the price level;

c) In case the buyer and seller agree on the price level, the price negotiation authority will prepare a record according to Model No. 02 Appendix IV promulgated together with this Decree, signed by representatives of the participating parties as prescribed in point a of this clause to record the results of the price negotiation. The buyer and seller implement the negotiated price according to Clause 4 of Article 27 of the Law on Prices;

d) In case the buyer and seller cannot agree on the price level and do not continue to request the price negotiation authority to determine the price level, the price negotiation authority will prepare a confirmation record according to Model No. 02 Appendix IV promulgated together with this Decree, signed by representatives of the participating parties as prescribed in point a of this clause;

đ) In case the buyer and seller cannot agree on the price level but continue to request the price negotiation authority to determine the price level for both parties to implement according to Clause 5 of Article 27 of the Law on Prices, the price negotiation authority will prepare a confirmation record according to Model No. 02 Appendix IV promulgated together with this Decree, signed by representatives of the participating parties as prescribed in point a of this clause;

3. The price negotiation authority organizes the determination of the price level of products and services in cases prescribed in Clause 5 of Article 27 of the Law on Prices according to the valuation method prescribed in Article 23 of the Law on Prices or the Vietnamese Valuation Standards prescribed in Article 42 of the Law on Prices. In case it is necessary to hire a consulting organization to determine the price level of products and services, the price negotiation authority will issue a notification to the buyer and seller to proceed with the procedures to hire a consulting organization to determine the price level according to Clause 4 of this Article. The cost of hiring a consulting organization to determine the price level of products and services shall be shared equally by the buyer and seller;

4. Hiring a consulting organization to determine the price level shall be carried out as follows:

a) The buyer and seller directly sign a contract with the consulting organization and pay the service fee to the consulting organization according to the amount and time required by that organization;

b) The selection of the consulting organization to determine the price level is agreed upon by the buyer and seller;

In case the buyer and seller cannot agree on the selection of the consulting organization to determine the price level, they may request the price negotiation authority to select. After selecting the consulting organization to determine the price level, the price negotiation authority will notify the buyer and seller so that the buyer and seller can directly proceed with the procedures to sign a consulting contract according to point a of this clause;

c) Immediately after obtaining the result of determining the price level of products and services, the consulting organization must send the result to the price negotiation authority, and at the same time send it to the buyer and seller;

5. The seller is responsible for providing the proposed selling price plan and other necessary information to the price negotiation authority to serve the organization's determination of the price level of products and services as prescribed in Clause 3 of this Article as follows:

a) Production, consumption, import/export, supply and demand situation of the products and services;

b) The proposed selling price level; analysis of the proposed selling price level: comparison with similar goods and services prices on the market; bases for pricing; detailed table of factors forming the price, analysis explaining the pricing structure (including comparison with the factors forming the price before proposing to negotiate the price; clearly stating the reasons for increase or decrease); analysis of the impact of the proposed selling price level on production and business efficiency; income of workers in the enterprise and the fulfillment of obligations to the state budget;

c) Issues that the seller has not yet agreed with the buyer, arguments of the seller regarding unresolved issues;

d) Other relevant information needed to be supplemented according to the requirements of the price negotiation agency;

6. The buyer is responsible for providing the proposed purchase price plan and other necessary information to send to the price negotiation agency to serve the organization's determination of the price level of goods and services as stipulated in Clause 3 of this Article as follows:

a) The proposed purchase price level;

b) Comparison with similar goods and services prices on the market;

c) Analysis of the impact of the proposed purchase price level on production and business efficiency, the fulfillment of obligations to the state budget, consumer acceptance capacity;

d) Issues that the buyer has not yet agreed with the seller, arguments of the buyer regarding unresolved issues;

đ) Other relevant information needed to be supplemented according to the requirements of the price negotiation agency;

7. The price negotiation agency has the right to refuse to determine the price level of goods and services if there are insufficient conditions necessary to conduct the price determination as prescribed in Clauses 3, 4, 5, and 6 of this Article; provided materials are incomplete or have no value for determining the price level;

Section 4. PRICE DECLARATION

Article 14. Goods and Services Subject to Price Declaration

1. The list of goods and services subject to price declaration is specified in Appendix V attached to this Decree.

2. Based on the needs of price compilation, analysis, and forecasting, and management requirements for prices, ministries and ministerial-level agencies managing sectors and fields shall specify the economic and technical characteristics of goods and services subject to price declaration as stipulated in Point d, Clause 2, Article 28 of the Law on Prices according to the division in Appendix V attached to this Decree.

3. Provincial People's Committees shall specify the economic and technical characteristics of special goods and services subject to price declaration at the local level according to the division in Appendix V attached to this Decree in accordance with the management requirements for prices at the local level (if applicable).

Article 15. Procedures and Formalities for Proposing Adjustments to the List of Goods and Services Subject to Price Declaration

1. In cases where it is necessary to adjust the list of goods and services subject to price declaration within the authority of the Government as stipulated in Point d, Clause 2, Article 28 of the Law on Prices, ministries and ministerial-level agencies managing sectors and fields, and provincial people's committees shall implement the following contents:

a) In cases where goods and services are proposed to be added to the list of goods and services subject to price declaration: summarizing and evaluating supply-demand situations, market price trends, and assessing the current measures for managing the prices of goods and services to be added; assessing the necessity of adjusting the list of goods and services subject to price declaration as stipulated in Clause 2 of this Article; assessing the impact of the policy of adding goods and services to the list of goods and services subject to price declaration; soliciting opinions from related agencies, organizations, and individuals; organizing meetings and seminars to solicit opinions, research, and reference foreign experiences (if necessary);

b) In cases where goods and services are proposed to be removed from the list of goods and services subject to price declaration: summarizing and evaluating the implementation of price declaration measures for those goods and services; assessing supply-demand situations and market price trends of those goods and services; assessing the necessity of adjusting the list of goods and services subject to price declaration as stipulated in Clause 2 of this Article; assessing the impact of the policy of removing goods and services from the list of goods and services subject to price declaration; proposing alternative price management measures for those goods and services after they are removed from the list of goods and services subject to price declaration; soliciting opinions from related agencies, organizations, and individuals; organizing meetings and seminars to solicit opinions, research, and reference foreign experiences (if necessary);

c) In cases where provincial people's committees propose adjustments to the list of goods and services subject to price declaration, the provincial people's committees shall seek opinions from related agencies, organizations, and individuals and ministries and ministerial-level agencies managing sectors and fields concerning those goods and services before submitting to the Ministry of Finance for consolidation;

2. Ministries and ministerial-level agencies managing sectors and fields, and provincial people's committees shall assess the necessity of adjusting the list of goods and services subject to price declaration based on criteria for essential goods and services stipulated in Clause 3, Article 4 of the Law on Prices and the following bases:

a) The Party’s guidelines and policies of the State on economic and social development;

b) Requirements in the work of state management of prices of goods and services of ministries and ministerial-level agencies, provincial people's committees, which need to adjust the list of goods and services subject to price declaration to serve the compilation, analysis, and forecasting of market prices or to adapt to changes in supply-demand relationships on the market of those goods and services;

c) Results of research, summary, and assessment of the current measures for managing the prices of goods and services proposed for adjustment;

3. Ministries and ministerial-level agencies managing sectors and fields, and provincial people's committees shall submit one original copy of the file proposing adjustments to the list of goods and services subject to price declaration to the Ministry of Finance for consolidation, the file including the following documents:

a) Document proposing adjustments to the list of goods and services subject to price declaration:

In cases where goods and services are proposed to be added to the list of goods and services subject to price declaration, the document shall clearly state the name of the goods and services, the proposed economic and technical characteristics of the goods and services; propose the competent authority to stipulate the economic and technical characteristics and the agency to receive price declarations of those goods and services;

In the case of proposing to remove goods and services from the List of Goods and Services Subject to Price Declaration, the document shall clearly state the name of the goods and services; and propose alternative price management measures for such goods and services.

b) Report summarizing and evaluating the contents as prescribed in points a and b of Clause 1 of this Article;

c) Report assessing the impact of supplementary policies or removing goods and services from the List of Goods and Services Subject to Price Declaration;

d) A consolidated version, explanation, and adoption of comments.

đ) Other related documents (if any);

4. On the basis of the proposal of ministries, ministerial-level agencies managing sectors and fields, provincial People's Committees, the Ministry of Finance shall take the lead and coordinate with relevant agencies to submit to the Government for consideration and issuance of Decrees adjusting the List of Goods and Services Subject to Price Declaration according to the procedure stipulated in the Law on Legislative Activities.

Article 16. Agencies Receiving and Subjects Implementing Price Declarations

1. Ministries, ministerial-level agencies, provincial People's Committees shall assign specialized agencies under their jurisdiction and administrative units at lower levels to receive price declaration documents for goods and services in accordance with the provisions set out in Appendix V attached to this Decree.

2. The issuance of the List of Organizations Engaging in Business of Goods and Services Subject to Price Declaration (hereinafter referred to as the Price Declaration List) shall be carried out as follows:

a) Ministries, ministerial-level agencies, provincial People's Committees shall assign a specialized agency or unit to take the lead and coordinate with related agencies and units to comprehensively review and advise on issuing the Price Declaration List within the authority to receive, as prescribed in point b of this clause. Information in the Price Declaration List includes the company name, business registration code, branch code (if applicable).

b) Ministries, ministerial-level agencies shall issue the consolidated Price Declaration List annually before January 1st each year, while provincial People's Committees shall issue the consolidated Price Declaration List annually before February 15th each year. In cases where adjustments to the Price Declaration List are required during the year, ministries, ministerial-level agencies, and provincial People's Committees shall review and issue supplementary Price Declaration Lists. If there is no need for adjustment at the time of the annual review, a new list does not need to be issued;

c) Ministries, ministerial-level agencies, provincial People's Committees are responsible for posting the annual consolidated Price Declaration List and supplementary Price Declaration Lists on their respective online portals within a maximum of five days from the date of issuance, and simultaneously notify relevant agencies and organizations and send to the Ministry of Finance for updating into the national price database;

d) Ministries, ministerial-level agencies shall review and select businesses engaging in goods and services to include in their own Price Declaration List among the following entities: Economic Groups; State-owned Corporations; Joint Stock Companies, Limited Liability Companies that have production and distribution networks capable of influencing the formation and movement of prices of goods and services nationwide; organizations that are monopoly enterprises; enterprises or groups of enterprises holding dominant positions in the market as prescribed by the Competition Law.

Specifically for medical examination and treatment services: The Ministry of Health shall receive declarations of medical examination and treatment service prices at the request of healthcare facilities under the Ministry of Health, and special-class and first-class hospitals under the management of ministries and sectors.

đ) Provincial People's Committees shall review and select businesses engaging in goods and services to include in the local Price Declaration List for those businesses headquartered in the province but not included in the Price Declaration List issued by ministries and ministerial-level agencies; the selection of businesses to be included in the Price Declaration List shall be based on the requirements of market price consolidation, analysis, forecasting, and government price management at the local level.

Specifically for medical examination and treatment services: Provincial People's Committees shall receive declarations of medical examination and treatment service prices at the request of public healthcare facilities in the locality (excluding those subject to declaration at the Ministry of Health) and private healthcare facilities under their management.

Article 17. Methods of Implementation and Acceptance of Price Declarations

1. Organizations engaged in goods and services subject to price declarations shall be responsible for submitting price declaration documents to the authority designated to accept such declarations under Article 16 of this Decree within a maximum period of five working days from the date of determining the price. Specifically as follows:

a) In cases where the organization only engages in wholesale sales, it shall declare wholesale prices; in cases where the organization only engages in retail sales, it shall declare retail prices;

b) In cases where the organization engages in both wholesale and retail sales, it shall declare both wholesale and retail prices;

c) In cases where the organization is an importer and at the same time a sole distributor, it shall declare wholesale prices and retail prices (if applicable);

d) In cases where the organization is a sole distributor, it shall declare wholesale and retail prices; in cases where a general agency has the right to determine and adjust prices, it shall declare wholesale and retail prices; in cases where an agent has the right to determine and adjust prices, it shall declare retail prices.

2. Forms of accepting price declarations:

a) Acceptance through the online environment via software in one of the following forms: acceptance through online public service; acceptance through software-based price databases; other online acceptance methods approved by competent authorities in accordance with the law;

b) Acceptance through other forms: direct acceptance at the authority designated to accept price declarations; acceptance through postal mail (the sending time is calculated based on the official letter stamp); electronic document acceptance via email;

3. The authority designated to accept price declarations shall select an appropriate form of acceptance among those specified in Clause 2 of this Article, suitable to actual conditions, ensuring convenience for organizations and individuals to submit declarations;

In cases where there is already an online acceptance method through the software environment, this form shall be prioritized; in cases where technical issues prevent online submission, the organization may apply other acceptance methods as stipulated in point b, Clause 2 of this Article and must re-submit the declaration through the online environment when the conditions for online acceptance are met;

4. The authority designated to accept price declarations shall be responsible for connecting and updating information and data about declared goods and service prices received according to the provisions of point a, Clause 2 of this Article onto the National Price Database;

5. The price declaration document shall be implemented according to the model attached as Appendix VI to this Decree.

Article 18. Rights and Responsibilities of Authorities Accepting and Organizations and Individuals Declaring Prices

1. Ministries, ministerial-level agencies, People's Committees of provinces:

a) Organize the acceptance of price declarations through appropriate forms as prescribed in Clause 2 of Article 17 of this Decree;

b) Organize the updating of price declaration information into the price database;

c) Be entitled to use declared price levels in market price compilation, analysis, and forecasting work as prescribed;

d) Have the right to request organizations that declare prices to supplement complete declaration content in cases where the declaration is incomplete as prescribed in this Decree;

e) Organize inspections of compliance with laws on price declarations within their management authority over the acceptance of price declarations as stipulated in Article 16 of this Decree, and their management authority over prices as prescribed in the Law on Prices;

2. Organizations engaged in goods and services subject to price declarations:

a) Implement price declaration forms in accordance with the guidance of the authority designated to accept price declarations as prescribed in Clauses 2 and 3 of Article 17 of this Decree;

b) Shall be responsible before the law for the accuracy, honesty, reasonableness, and legality of the documents, materials, and figures of declared price levels consistent with price formation factors and market price levels; comply with reporting declared price levels as required by the authority designated to accept price declarations to serve price stabilization work, state management of prices, inspection, and audit; comply with inspection (including price formation factor inspection) and audit by competent state authorities (if any).

Mục 5. REFERENCE PRICE

Article 19. Reference price for imported coal

1. The reference price for imported coal is published based on the import coal prices declared by organizations and individuals importing coal to Vietnam on the customs declaration form for imported goods.

2. The reference price for imported coal is announced periodically every month by the Ministry of Finance according to the provisions set out in Appendix VII issued together with this Decree for relevant agencies, organizations, and individuals to refer to, consult, and use in determining domestic coal prices.

3. Before the 15th day of each month, based on information about imported coal declared by organizations and individuals importing coal to Vietnam on the customs declaration form for imported goods of the previous month, the Ministry of Finance shall be responsible for organizing the publication of information regarding the type of imported coal, the date of customs declaration, the unit price of imported coal including all costs from transporting the coal from abroad to the port, the country/region of origin of the imported coal, along with product description information.

Chapter III
COOPERATION WORK IN IMPLEMENTING THE TASKS OF COMBINATION, ANALYSIS, AND FORECASTING MARKET PRICES

Article 20. Principles for cooperation in implementing tasks of combination, analysis, and forecasting market prices

1. Regular, continuous, timely, and effective sharing of information.

2. Ensuring advice to the Government, Prime Minister to issue measures and solutions to manage and regulate prices during each period in line with the goal of controlling inflation.

Article 21. Content and methods of cooperation in implementing tasks of combination, analysis, and forecasting market prices

1. Content of coordination:

a) Providing and sharing information on commodity and service prices, policy mechanisms, management and regulation measures; activities related to collecting market price information for commodities and services;

b) Activities related to analyzing and evaluating information; forecasting market prices for commodities and services; assessing and recommending targets for controlling inflation and proposing measures and solutions for managing and regulating prices to achieve the target of controlling inflation;

c) Building price reports to serve the work of guiding and regulating prices by the Government, Prime Minister, the Steering Committee for Price Management under the Prime Minister, and relevant ministries and sectors;

d) Summarizing, evaluating, and exchanging experiences in the work of combination, analysis, and forecasting market prices; international cooperation in the work of combination, analysis, and forecasting market prices.

2. Methods of cooperation are selected appropriately based on the content and specific conditions of cooperation and may include one or more of the following methods:

a) Cooperation through written communication; organizing meetings, conferences, seminars; organizing survey teams;

b) Cooperating in drafting and issuing promotional and propaganda materials;

c) Cooperating through the activities of the Steering Committee for Price Management under the Prime Minister. The Prime Minister decides to establish the Steering Committee for Price Management chaired by the Prime Minister or assigns a Deputy Prime Minister to chair it, with members being leaders of relevant ministries and sectors, and the Ministry of Finance serving as the permanent body of the Steering Committee for Price Management.

Article 22. Responsibilities of ministries and sectors in cooperation work to implement tasks of combination, analysis, and forecasting market prices

1. The Ministry of Finance organizes the implementation of the work of combination, analysis, and forecasting market prices. Provides and shares reports on local price situations; provides data on prices on the National Price Database as prescribed and other information on related fiscal policies as prescribed. Cooperates with the State Bank of Vietnam in synchronizing fiscal and monetary policies to control inflation; cooperates with the Ministry of Planning and Investment in macroeconomic management; participates with other ministries and sectors in price management within their respective jurisdictions.

2. The State Bank of Vietnam provides information on: the situation of monetary policy management, foreign exchange market (US Dollar); annual inflation targets; analysis and evaluation of basic inflation trends; cooperating with the Ministry of Finance, the Ministry of Planning and Investment, and related ministries and sectors in researching and proposing solutions and measures for price management and regulation.

3. The Ministry of Planning and Investment publishes the Consumer Price Index. Provides information on domestic and international macroeconomic situations; an overview of the price market, analysis of the Consumer Price Index; forecasts global and domestic economic situations; proposes solutions to stabilize macroeconomics and control inflation; shares with the Ministry of Finance and the State Bank of Vietnam the weight coefficients of major goods and services in calculating the Consumer Price Index, the Producer Price Index, the Import and Export Goods Price Index, and other national indicators.

4. Ministries and agencies at the level of ministries managing industries and fields organize the implementation of the work of combination, analysis, and forecasting market prices for goods and services under their jurisdiction. Provide information on policy mechanisms, the implementation of price management and regulation tasks within their authority, and other information (if any) including: supply and demand trends, market price situations domestically and internationally for items listed in the Price-Stabilized Goods and Services List, the State-Priced Goods and Services List, the Goods and Services Price Declaration List, and some important goods and services under their management; ensuring the provision and sharing of key information such as:

a) The Ministry of Industry and Trade provides information on export and import management, trade balance, market situation, supply and demand domestically and internationally, production situation, price trend, management and regulation of gasoline, electricity, coal, liquefied petroleum gas (LPG), steel prices; management of public service fees in the management field;

b) The Ministry of Agriculture and Rural Development provides information on overall supply sources, production situation, management and regulation of prices and price trends for rice, grain, food, live pigs, pork, feed, important agricultural inputs; management of public service fees in the management field;

c) The Ministry of Transport provides information on management and price control work, as well as price trends for domestic air passenger transport services, port services, and road passenger transport services; the situation regarding the management of public service prices in the management sector;

d) The Ministry of Health provides information on market price trends for medicines and medical supplies for people; price trends and implementation progress of the pricing schedule for medical examination and treatment services at state-owned medical facilities; work on managing the declaration of drug prices for people and the declaration of medical equipment prices; the situation regarding the management of public service prices in the management sector;

đ) The Ministry of Education and Training provides information on management and price control work, as well as price trends for educational and training services (tuition fees) and textbooks; the situation regarding the management of public service prices in the management sector;

e) The Ministry of Labor, Invalids, and Social Affairs provides information on management and price control work for vocational education services (excluding secondary teacher training and college-level teacher training); technical inspection services for machinery, equipment, and materials with strict safety requirements for labor; brokerage services under brokerage contracts to send workers abroad for employment, and services to send workers abroad for employment; the situation regarding the management of public service prices in the management sector;

g) The Ministry of Natural Resources and Environment provides information on land price management and control work; the situation regarding the management of public service prices in the management sector;

h) The Ministry of Construction provides information on market conditions and price trends for cement and other important construction materials; the situation regarding the management of public service prices in the management sector; provides information on real estate sales, rentals, social housing rentals, and purchases according to laws on housing and real estate business;

i) The Ministry of Information and Communications provides information on management and price control work, as well as market conditions and price trends for postal and telecommunications services; the situation regarding the management of public service prices in the management sector. It is responsible for coordinating with the Ministry of Finance, the Ministry of Planning and Investment, and other relevant ministries and sectors to carry out promotional activities and disseminate information on price management and control;

5. Based on their functions, tasks, and scope of management, ministries and sectors are responsible for compiling, analyzing information; forecasting prices, and proposing solutions for price management and regulation within their respective management areas;

a) The Ministry of Finance, as the permanent office of the Prime Minister's Price Control Steering Committee, is responsible for preparing comprehensive reports on the results of price control work and future directions for such work on a regular or ad hoc basis, to be submitted to the Prime Minister and the Chairman of the Price Control Steering Committee based on the compilation, analysis, and market price forecasting work carried out, and the reports from related ministries, sectors, and localities;

b) Ministries and sectors prepare reports on the results of price control work and future directions for such work on a regular or ad hoc basis based on the compilation, analysis, and market price forecasting work within their respective management areas, to be directly submitted to the Government and the Prime Minister when required, or sent to the Ministry of Finance for consolidation and submission to the Chairman of the Price Control Steering Committee;

c) Market price compilation, analysis, and forecasting work is conducted in accordance with the regulations of the Ministry of Finance;

d) Annually, the Ministry of Finance takes the lead and coordinates with other ministries and sectors to conduct summaries, evaluations, and exchanges of experience in the compilation, analysis, and forecasting of market prices. It implements international cooperation, develops plans for surveys and research both domestically and internationally to enhance the effectiveness of market price compilation, analysis, and forecasting work aimed at controlling inflation and stabilizing macroeconomic conditions;

Chapter IV
PRICE DATABASE

Article 23. Construction of Price Databases

1. A price database is a collection of information and data on the prices of goods and services in electronic form, standardized, digitized, stored, managed, organized, accessed, and utilized through electronic means in accordance with the Law on Prices, this Decree, and other relevant legal normative documents.

2. The national price database shall be constructed and uniformly managed by the Ministry of Finance; local price databases (if any) shall be constructed and uniformly managed by the People's Committees of provinces and must be connected to the national price database; it is encouraged for other databases containing information on the prices of goods and services to connect and share information and data with the price database.

3. The construction must ensure compatibility with the national information system architecture, meet database standards and technical standards, information technology standards, economic and technical norms; ensure strict, safe, stable, and smooth management and operation; ensure coordination and sharing of information and data on the prices of goods and services.

4. Investment in constructing, maintaining, updating, and connecting, sharing data with the price database shall be carried out in accordance with the State Budget Law, the Public Investment Law, this Decree, and other relevant legal provisions.

5. Connection and Data Sharing

a) The connection and sharing of information and data between the price database and other databases to serve the management requirements of competent authorities shall be implemented in accordance with the law;

b) Ministries, sectors, and localities standardize related data from their own databases to update into the price database in accordance with this Decree.

Article 24. Management of Price Databases

1. The Ministry of Finance shall uniformly manage the National Price Database; it has the authority to assign specialized units under its direct jurisdiction to organize the administration and operation of all activities of the National Price Database system.

2. The People's Committee of a province shall manage the local price database; it has the authority to assign agencies or units under its direct jurisdiction to organize the administration and operation of all activities of the local price database system.

3. In accordance with their functions, tasks, organizational structure, agencies, and units assigned to organize the administration and operation of the price database pursuant to Clause 1 and Clause 2 of this Article shall delegate specialized units under their direct jurisdiction or public service organizations to implement specific activities of the price database.

4. Information and data content shall be updated and maintained regularly and fully; enhance the disclosure of information and data on prices in accordance with the law. Agencies, organizations, and individuals have the responsibility to use information and data from the price database for the intended purpose, suitable to the nature and requirements of the task, and bear responsibility for the use and citation of information and data from the price database.

5. Operation, maintenance, and upgrading must ensure safety for the price database:

a) Implementing data backup, handling incidents, and restoring data;

b) Maintaining, repairing, and upgrading hardware and software;

c) Monitoring, inspecting, promptly detecting, and preventing illegal intrusion into the system;

d) Having mechanisms to record the creation and modification of information and data.

6. The agency entrusted with the responsibility to manage the price database pursuant to Clause 1 and Clause 2 of this Article shall organize implementation and issue decisions regarding operational regulations, operation, and utilization of information and data from the price database.

Article 25. Updating information and data into the price database

1. Information and data to be updated into the National Price Database shall be regulated as follows:

a) Prices of goods and services set by the State shall be issued by the competent authority setting prices.

b) Lists of organizations trading goods and services that implement price declarations; prices of goods and services declared at ministries, ministerial-level agencies, and provincial People's Committees shall be connected from local price databases or public service software.

c) Comprehensive market price reports of localities periodically according to the regulations of the Ministry of Finance.

d) Customs value for exported and imported goods managed by the General Department of Customs according to the List approved by the Ministry of Finance for collecting, synchronizing, and converting data into the National Price Database.

đ) Information about price appraisal enterprises (name, main office address, branch addresses, business registration certificate, qualification certificate for price appraisal services, legal representative information); information about price appraisers (full name, price appraiser card number, practice information); information on revoking and confiscating price appraiser cards; information on suspending and revoking certificates of qualification for price appraisal services; information on training and updating price appraisal practices (name, address); information on inspection, supervision, and handling of violations of price appraisal laws (decision number, issuance date, issuing agency, target, inspection method, implementation time).

e) Periodic reports on the situation of price appraisal enterprises according to the regulations of the Ministry of Finance.

g) Price appraisal certificates in accordance with Clause 5, Article 55 of the Law on Prices.

h) Notifications of the results of price appraisals by Appraisal Councils established under the central and local state authorities' powers.

i) Information on other goods and services prices organized by the agency responsible for operating the National Price Database in accordance with the regulations of the Ministry of Finance.

2. Information and data to be updated into the local price database:

a) Market price reports of provincial People's Committees according to the regulations of the Ministry of Finance.

b) Stamp duty calculation prices issued by provincial People's Committees in accordance with the law.

c) Prices of goods and services within the pricing authority of provincial People's Committees.

d) Lists of organizations trading goods and services implementing price declarations, prices of goods and services declared within the province.

đ) Notifications of the results of price appraisals by Appraisal Councils established locally.

e) Other goods and services prices according to the regulations of provincial People's Committees.

3. Responsibility for updating information into the price database:

a) The Ministry of Finance is responsible for updating information and data into the National Price Database including points a, b, c, d, đ, h, i of Clause 1 of this Article according to the assigned management authority over goods and services.

b) Ministries and ministerial-level agencies are responsible for updating information and data into the National Price Database including points a, b, h of Clause 1 of this Article according to the assigned management authority over goods and services.

c) Provincial People's Committees are responsible for organizing the implementation of updating information and data as stipulated in Clause 2 of this Article into the local price database while also updating into the National Price Database through data connection and sharing from the local price database to the National Price Database or directly updating information and data via the system account into the National Price Database system. update the information and data as prescribed in Clause 2 of this Article into the local price database, and simultaneously update into the National Price Database through data connection and sharing from the local price database to the National Price Database, or directly update the information and data via the account system into the National Price Database system;

d) Price appraisal enterprises are responsible for updating information and data as stipulated in points e, g of Clause 1 of this Article into the National Price Database.

4. Depending on actual conditions and implementation capabilities, updating data into the price database system shall be carried out in one of the following ways:

a) Directly entering information and data on the price database software interface.

b) Entering information and data through an Excel table based on the template extracted from the price database.

c) Entering information and data through an MDB file (database file containing table structure and field data) based on the template extracted from the price database.

d) Automatically updating information and data on goods and services prices through electronic data connection and sharing from the databases and information systems of ministries, sectors, and localities to the National Price Database system.

5. Time for updating information and data into the National Price Database

a) Regularly update information and data once a month (by the 5th day of each month at the latest) for information and data specified in points a, b, d, h, i of Clause 1 and points a, e of Clause 2 of this Article.

b) Regularly update information and data once a quarter for information and data specified in point c of Clause 1 of this Article.

c) Frequently update information and data (within a maximum of seven days from when the legal document or decision regarding the information and data becomes effective) for information and data specified in points đ, e, g of Clause 1 and points b, c, d, đ of Clause 2 of this Article.

6. The data update provisions in Clauses 1 and 2 of this Article do not apply to information classified as state secrets. Agencies and units as stipulated in Clause 3 of this Article are responsible for the completeness, timeliness, and accuracy of the information and data they update into the price database in accordance with the law.

7. The agency entrusted with managing the price database organizes the collection and purchase of price data on certain goods and services specified in points i of Clause 1 and point e of Clause 2 of this Article to update into the price database when necessary to serve state management work.

Article 26. Exploiting information and data from the price database

1. Methods of exploitation:

a) Accessing and exploiting directly on the internet environment, website platform according to the address or application on mobile device platforms (if available) through the account system pursuant to the decision of the agency entrusted with managing and operating the price database system;

b) Exploiting information and data upon written request of authorized agencies, organizations, and individuals;

c) Exploiting information and data under the agreement on information service provision between the agency entrusted with primarily operating the National Price Database and agencies, organizations, and individuals with demand.

2. Individuals and organizations must ensure that they exploit information and data from the price database in accordance with their permissions on the system, use the information and data from the price database for the intended purpose, appropriate to the nature and requirements of the task, be responsible for using and citing the information and data from the price database, and shall not provide such information and data directly to third parties for commercial purposes.

Chapter V
IMPLEMENTING PROVISIONS

Article 27. Amending, supplementing, and abolishing certain articles, clauses, and points of related Decrees

1. Amending, supplementing, and abolishing certain points, clauses, and Articles of Decree No. 40/2017/ND-CP dated April 5, 2017 of the Government on salt production and business management as follows:

a) Abolish the phrase "stabilizing salt prices" at point d clause 2 Article 4;

b) Abolish clause 3 Article 18;

c) Abolish clause 5 Article 23.

2. Amending, supplementing, and abolishing certain clauses and Articles of Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on rice export business as follows:

a) Abolish Article 14;

b) Abolish clause 3, clause 4 Article 15;

c) Abolish point a clause 4 Article 22;

d) Amend point c clause 6 Article 22 as follows:

“c) Direct, inspect, and supervise rice exporting traders within the jurisdiction in compliance with regulations and directives of competent state agencies as stipulated in this Decree; organize the effective implementation of policies on raw material cultivation areas within the jurisdiction; inspect, detect, and handle violations concerning fertilizer and plant protection chemical production, trading, and usage within the jurisdiction;”

3. Amending point c clause 1 Article 5 of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing certain provisions of the Land Law, which has been amended and supplemented by Decree No. 148/2020/ND-CP dated December 18, 2020 as follows:

“c) The operational costs of the Land Registration Office shall be implemented in accordance with the laws applicable to public service units.

When the Land Registration Office provides services, the person requesting the service shall be responsible for paying the cost of the service provided. For land registration and issuance of certificates of land use rights, ownership of houses, and other property attached to the land, the person requesting the service shall be responsible for paying fees and charges as prescribed by the laws on fees and charges.”

4. Amending and supplementing certain clauses and Articles of Decree No. 117/2007/ND-CP dated July 11, 2007 of the Government on clean water production, supply, and consumption, which has been amended and supplemented by Decree No. 124/2011/ND-CP dated December 28, 2011 as follows:

a) Amend clause 1 Article 51 as follows:

“1. Clean water prices shall be implemented in accordance with the Law on Prices, guiding documents of the Law on Prices, and this Decree.”

b) Abolish clause 9 Article 51;

c) Abolish Articles 52, 53, and 54.

5. Amending clause 3 Article 18 of Decree No. 72/2012/ND-CP dated September 24, 2012 on common infrastructure technical works management and use as follows:

“3. Rental price management:

a) The Ministry of Construction shall guide the mechanism, principles, and methods for determining rental prices; stipulate exemptions and reductions for public welfare activities related to national defense and security in accordance with the law;

b) Provincial People's Committees shall base on the provisions of clause 1 and clause 2 of this Article and the rental price determination method guided by the Ministry of Construction to decide on the rental price for common infrastructure technical works funded from the State budget uniformly applied within their jurisdiction;

c) Organizations and individuals shall base on the provisions of clause 1 and clause 2 of this Article and the rental price determination method guided by the Ministry of Construction to determine the rental price for common infrastructure technical works they have invested in (outside the State budget) and agree with organizations and individuals who need to use them; simultaneously, they shall declare the price in accordance with the law on prices. In case the parties cannot agree on the price, they may request the competent state authority to negotiate the price in accordance with the law on prices.”

6. Amending clause 14 Article 20 of Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas business as follows:

“14. Notify in writing to units in the distribution system and declare prices to competent state authorities in accordance with the law on prices.”

7. Amending clause 1 Article 28 of Decree No. 23/2016/ND-CP dated April 5, 2016 of the Government on cemetery construction, management, and use, and crematoriums as follows:

“1. For cemeteries and crematoriums funded from the State budget: the establishment of pricing plans, the review of pricing plans, submission, and issuance of pricing documents for cemetery and cremation services shall be carried out in accordance with the Law on Prices and guiding documents of the Law on Prices.”

8. Amending Article 41 of Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government on drainage and wastewater treatment as follows:

“Article 41. Responsibilities for establishment, authority to review and approve service water prices

1. For wastewater systems funded from the state budget and other sources (excluding industrial wastewater systems funded from non-state budget sources): The preparation of pricing plans, review of pricing plans, submission and issuance of pricing documents for wastewater services shall be carried out in accordance with the Price Law and guiding documents of the Price Law.

2. For industrial wastewater systems funded from non-state budget sources: Wastewater service prices shall be agreed upon by the investor operating and developing the industrial zone infrastructure with investors within the industrial zone and decided on the price level. Before making such a decision, the opinion of the local government agency managing wastewater service prices must be obtained.”

9. Amend certain clauses and Articles of Decree No. 98/2021/NĐ-CP dated November 8, 2021 of the Government on medical device management, amended and supplemented by Decree No. 07/2023/NĐ-CP dated March 3, 2023 and Decree No. 96/2023/NĐ-CP dated December 30, 2023 as follows:

a) Amend Clause 1 of Article 44 as follows:

“1. Organizations and individuals producing and trading in medical devices shall display the prices of medical devices at designated locations in accordance with the Price Law or on the Ministry of Health's electronic portal.”

b) Amend Article 45 as follows:

“Article 45. Declaration of Medical Device Prices

Detailed lists of medical devices subject to price declaration, entities responsible for declaring prices, methods of declaration and acceptance of declarations of medical device prices shall be implemented in accordance with the laws on prices.”

10. Repeal, amend and supplement certain Sections, Articles and Clauses of Decree No. 54/2017/NĐ-CP dated May 8, 2017 detailing certain provisions and measures for implementing the Drug Law, amended and supplemented by Decree No. 155/2018/NĐ-CP dated November 12, 2018 and Decree No. 88/2023/NĐ-CP dated December 11, 2023 as follows:

a) Repeal Section 1 of Chapter VIII;

b) Amend and supplement Clause 2 of Article 145 as follows:

"The provincial People's Committee shall assign the Department of Health to organize the receipt of price declarations for essential medicines used in healthcare facilities in accordance with the Price Law and guiding documents of the Price Law.";

c) Repeal Appendix VII.

Article 28. Implementation Organization

To ensure the implementation of the regulations stipulated in the Price Law and this Decree, ministries, ministerial-level agencies, and provincial People's Committees have the responsibility to:

1. The Ministry of Finance shall be responsible for:

a) Issue regulatory legal documents within their jurisdiction to specify economic-technical characteristics (detailed names, specific types or basic features of goods and services) based on the common names of goods and services in the List of Goods and Services priced by the State (excluding products and public services using state budget funds under the order method, national reserves, and goods and services already regulated by related laws), the List of Goods and Services subject to price declarations as stipulated in the Price Law and this Decree, in line with the requirements of state management over prices by sector;

b) For goods and services subject to transitional provisions under Clause 1 and Clause 2 of Article 29 of this Decree: Based on the pricing authority specified in Appendix No. 02 accompanying the Price Law, organize reviews and evaluations of current prices of goods and services; on this basis, implement pricing, issue new pricing documents, adjust prices of goods and services according to the provisions of the Price Law, this Decree, and pricing methods issued by competent authorities, ensuring practicality, and complete no later than December 31, 2024;

c) Organize the construction, management, operation, and exploitation of the National Price Database; issue technical standards, data structure, and formats to facilitate the connection of price data from ministries, sectors, localities, and relevant agencies with the National Price Database in accordance with the law;

d) Organize the development of functions to receive price declaration information via the internet in accordance with point a of Clause 2 of Article 17 of this Decree, to be completed no later than July 1, 2027.

2. Ministries and ministerial-level agencies have the responsibility to:

a) Issue regulatory legal documents within their jurisdiction in accordance with the management sector to specify economic-technical characteristics (detailed names, specific types or basic features of goods and services) based on the common names of goods and services in the List of Goods and Services priced by the State (excluding products and public services using state budget funds under the order method, national reserves, and goods and services already regulated by related laws), the List of Goods and Services for price stabilization, the List of Goods and Services subject to price declarations as stipulated in the Price Law and this Decree, in line with the requirements of state management over prices by sector;

b) For goods and services subject to transitional provisions under Clause 1 and Clause 2 of Article 29 of this Decree: Based on the pricing authority specified in Appendix No. 02 accompanying the Price Law, organize reviews and evaluations of current prices of goods and services; on this basis, implement pricing, issue new pricing documents, adjust prices of goods and services according to the provisions of the Price Law, this Decree, and pricing methods issued by competent authorities, ensuring practicality, and complete no later than December 31, 2024;

c) In cases where new goods and services are added to the List of Goods and Services priced by the State as prescribed by the Price Law, the competent authority for pricing shall issue pricing documents no later than 45 days from the effective date of this Decree;

d) Based on the provisions of the Price Law, submit to the Government for the establishment of reference prices for goods and services under specialized management outside those specified in Article 19 of this Decree when necessary to serve price management and regulation;

đ) Organize the development of functions to receive price declaration information via the internet in accordance with point a of Clause 2 of Article 17 of this Decree, to be completed no later than July 1, 2027. Data on declarations at ministries and ministerial-level agencies must be connected and updated to the National Price Database.

3. Provincial People's Committees shall be responsible for:

a) Issue normative legal documents within their authority to specify economic-technical characteristics (detailed names, specific types, or basic features of goods and services) based on the general names of goods and services in the List of Goods and Services with State-Set Prices (excluding products and services provided using state budget funds through procurement methods, national reserve goods, and goods and services for which economic-technical characteristics have been defined in relevant laws), the List of Goods and Services subject to Price Declaration as stipulated in the Law on Prices and this Decree, in accordance with the requirements for state management of prices in the locality;

b) For goods and services subject to transitional provisions under Clause 1 and Clause 2 of Article 29 of this Decree: Based on the pricing authority specified in Appendix No. 02 accompanying the Price Law, organize reviews and evaluations of current prices of goods and services; on this basis, implement pricing, issue new pricing documents, adjust prices of goods and services according to the provisions of the Price Law, this Decree, and pricing methods issued by competent authorities, ensuring practicality, and complete no later than December 31, 2024;

d) Organize the development of functions to receive price declaration information online in accordance with point a, Clause 2, Article 17 of this Decree, to be completed no later than July 1, 2027. Local price declaration data must be connected and updated to the National Price Database.

Article 29. Transitional Provisions

1. Organizations and individuals trading in goods and services with State-Set Prices shall continue to apply the current price levels until the competent state agency issues new pricing documents.

Based on the current price levels, the competent pricing authority must issue new pricing documents to replace them in accordance with point b, Clause 1, point b, Clause 2, and point b, Clause 3 of Article 28 of this Decree. For goods and services provided using state budget funds through procurement methods, they shall be implemented in accordance with the provisions of Clauses 3 and 4 of this Article.

In cases where pricing documents need to be replaced, including both price levels and management mechanisms and policies for those goods and services: the content regarding price levels must be reissued as separate documents in compliance with the format of pricing documents as prescribed in this Decree; management mechanisms and policies for prices must be issued in the form of normative legal documents in accordance with the Law on Issuing Normative Legal Documents.

2. For pricing procedures for goods and services listed in the List of Goods and Services with State-Set Prices that were initiated before the effective date of this Decree, the remaining procedures shall continue to be carried out in accordance with Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding the implementation of certain provisions of the Law on Prices, Decree No. 149/2016/ND-CP dated November 11, 2016, amending and supplementing certain provisions of Decree No. 177/2013/ND-CP dated November 14, 2013, and guiding documents to issue pricing documents.

Based on the issued pricing documents, the competent pricing authority shall continue to organize reviews and evaluations to issue new pricing documents to replace them in accordance with point b, Clause 1, point b, Clause 2, and point b, Clause 3 of Article 28 of this Decree.

3. For goods and services provided using state budget funds through procurement methods in 2024, if the competent state agency has approved the price before the effective date of this Decree without any changes in the price level, such prices may continue to be applied until December 31, 2024.

4. For pricing procedures for goods and services provided using state budget funds through procurement methods in 2024, if the competent state agency has not yet approved the price but organizations and individuals have already prepared pricing plans and submitted requests for pricing to the competent pricing authority before the effective date of this Decree, they may continue to carry out the pricing procedures in accordance with Decree No. 177/2013/ND-CP dated November 14, 2013, detailing and guiding the implementation of certain provisions of the Law on Prices, Decree No. 149/2016/ND-CP dated November 11, 2016, amending and supplementing certain provisions of Decree No. 177/2013/ND-CP dated November 14, 2013, and guiding documents, to be completed no later than December 31, 2024.

5. For public utility products and services serving national defense produced and supplied by enterprises and units under the Ministry of Defense through designated tendering methods and paid for from state budget funds, if the procurement plan was approved before July 1, 2024, they may continue to carry out the remaining pricing procedures.

By October 31, 2024, ministries, ministerial-level agencies managing industries and fields, and provincial People's Committees shall be responsible for issuing documents specifying economic-technical characteristics for goods and services in the List of Goods and Services for Price Stabilization and the List of Goods and Services subject to Price Declaration.

If there is a change in the authority to receive price declarations for goods and services, business organizations trading in such goods and services shall resubmit the current price levels to the new authority receiving price declarations as stipulated in Article 15 of this Decree, following the guidance of the new receiving authority from the effective date of this Decree. Business organizations trading in goods and services in the List of Goods and Services for Price Stabilization and the List of Goods and Services subject to Price Declaration shall continue to follow the existing detailed guidelines for these items until the competent authority issues new economic-technical characteristics for the goods and services.

If there is no change in the authority to receive price declarations and the price levels of goods and services declared before the effective date of this Decree remain unchanged, business organizations trading in such goods and services do not need to resubmit the current price levels and only need to resubmit when there is a change in the price levels.

7. The updating and connecting of declared price data to the National Price Database in accordance with Clause 4, Article 17 of this Decree shall be implemented when ministries, sectors, and localities complete the construction of methods for receiving through the online environment on software, no later than July 1, 2027.

Article 30. Effective Date

1. This Decree takes effect from the date of issuance.

2. From the date this Decree takes effect, 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, and 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 shall cease to be effective.

 

 

ANNEX I

PRICE SETTING PROPOSAL (OR PRICE ADJUSTMENT)
(Attached to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government)

 

Model No. 01: Price setting proposal (or price adjustment) of organizations and individuals operating goods and services

 

Respectfully submitted to:... (3)...

In accordance with the provisions of the Law on Prices, Decree No... /2024/NĐ-CP dated... /.../2024 of the Government detailing certain provisions of the Law on Prices.

1... (1)... has established a price plan for... (4)... in accordance with current laws and regulations.

2. The price plan and accompanying documents and materials include:

........................................................(5)..................................................................

We respectfully request... (3)... to consider and approve the price plan and issue a price setting document (or price adjustment) for... (4)... in accordance with current laws and regulations.

 

Note:

(1) Organization, unit, entity, or individual establishing the price plan.

(2) Document number.

(3) State agency with the authority to set prices in cases where goods and services are priced at one level, or the name of the specific state agency with the authority to set prices in cases where goods and services are priced at two levels.

(4) Detailed name of goods and services.

(5) List of accompanying documents and materials.

 

Model No. 02: Approval document of the results of the price plan assessment and the price setting proposal (or price adjustment) by the specific authority

 

Respectfully submitted to:... (3)...

In accordance with the provisions of the Law on Prices, Decree No... /2024/NĐ-CP dated... /.../2024 of the Government detailing certain provisions of the Law on Prices.

1... (1)... has approved the results of the price plan assessment for... (4)... conducted by... (5)... as detailed in the price plan assessment report No... (6)...

2. The price plan assessment report and accompanying documents and materials include:

..............................................................(7)............................................................

3. We respectfully request... (3)... to consider issuing a price setting document (or price adjustment) for... (4)... in accordance with current laws and regulations.

 

Note:

(1) Specific pricing authority.

(2) Document number according to the document management regulation of the agency.

(3) Authority to set price range or maximum price or minimum price.

(4) Detailed name of goods and services.

(5) Agency or unit assigned to assess the price plan.

(6) Number and date of the price plan assessment report.

(7) List of accompanying documents and materials.

 

ANNEX II

GOODS AND SERVICES PRICE PLAN
(Attached to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government)

 

 

PRICING PLAN

Name of goods and services...

Description of goods and services...

Unit of measurement...

1. Detailed contents regarding the calculation of goods and services prices:

a) Selected pricing method; detailed explanation about the basis for selecting the pricing method:

...............................................................................................................................

b) Summary table of information and figures as prescribed by the selected pricing method:

...............................................................................................................................

c) Detailed report and explanation of the information and figures in the price plan:

...............................................................................................................................

d) Explanation of the basis and principles of pricing:

...............................................................................................................................

2. Proposed price level of goods and services:

...............................................................................................................................

3. Detailed explanation of changes in the proposed price level of goods and services compared to the current price level in case of price adjustment (if applicable):

...............................................................................................................................

4. Other contents and proposals (if applicable).

 

Note:

(1) Name of organization, unit, entity, or individual operating goods and services that establish the price plan.

(2) Document number.

 

ANNEX III

PRICE PLAN ASSESSMENT REPORT
(Attached to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government)

 

Model No. 01: Price plan assessment report in cases where goods and services are priced at one level

 

REPORT

Price plan assessment

In accordance with the provisions of the Law on Prices, Decree No... /2024/NĐ-CP dated... /.../2024 of the Government detailing certain provisions of the Law on Prices.

After reviewing and considering the price plan attached to the price setting proposal (or price adjustment) document No... dated... month... year... of... (3)... and the accompanying documents and materials,... (1)... has the following assessment opinion on the price plan:

1. On the results of the price plan assessment: (clearly record the assessment results for each content and figure as stipulated in Clause 1, Article 10 of this Decree)

2. Proposed price based on the assessment results: After completing the price plan assessment,... (1)... proposes the price to be... dong (or detailed price list in the attached appendix for cases involving multiple items).

3. We respectfully request... (4)... to consider and issue the price setting document within their authority.

 

Note:

(1) Name of the agency or unit assigned to assess the price plan.

(2) Document number.

(3) Name of the organization, unit, entity, or individual establishing the price plan.

(4) Name of the state agency with the authority to set prices.

 

Model No. 02: Price plan assessment report in cases where goods and services are priced at two levels

 

REPORT

Price plan assessment

In accordance with the provisions of the Law on Prices, Decree No... /2024/NĐ-CP dated... /.../2024 of the Government detailing certain provisions of the Law on Prices.

After reviewing and considering the price plan attached to the price setting proposal (or price adjustment) document No... dated... month... year... of... (3)... and the accompanying documents and materials,... (1)... has the following assessment opinion on the price plan:

1. On the results of the price plan assessment: (clearly record the assessment results for each content and figure as stipulated in Clause 1, Article 10 of this Decree)

2. Proposed price based on the assessment results: After completing the price plan assessment,... (1)... proposes the price to be... dong (or detailed price list in the attached appendix for cases involving multiple items).

3. We respectfully request... (4)... to approve the results of the price plan assessment and... (5)... to consider and issue the price setting document within their authority.

 

 

APPROVAL OF THE HEAD OF THE AUTHORITY (LEADER)
ORGANIZATION, ENTITY WITH SPECIFIC PRICING AUTHORITY
(Signature, stamp)

 

Note:

(1) Name of the agency or unit assigned to assess the price plan.

(2) Document number.

(3) Name of the organization, unit, entity, or individual establishing the price plan.

(4) Name of the state agency with specific pricing authority.

(5) Name of the state agency with authority to set price range or maximum price or minimum price.

 

ANNEX IV

(Attached to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government)

 

Mẫu số 01: Văn bản đề nghị hiệp thương giá

 

Kính gửi:......................(3)...........................

Thực hiện quy định tại Luật Giá, Nghị định số...../2024/NĐ-CP ngày.../.../2024 của Chính phủ quy định chi tiết một số điều của Luật Giá; ............................(1)........................ kính đề nghị...........................(3)........................ tổ chức hiệp thương giá.....................(4)......................, cụ thể như sau:

1. Bên mua/Bên bán:.............................................................................................

2. Tên hàng hóa, dịch vụ đề nghị hiệp thương giá:...............................................

3. Quy cách, phẩm chất:........................................................................................

4. Mức giá đề nghị của bên mua/bên bán:............................................................

5. Số lượng hàng hóa, dịch vụ đề nghị mua bán:..................................................

6. Thời điểm thi hành mức giá:.............................................................................

7. Điều kiện thanh toán:........................................................................................

8. Giải trình, thuyết minh hàng hóa, dịch vụ đáp ứng tiêu chí quy định tại Điều 25 Luật Giá và phù hợp với phạm vi của cơ quan hiệp thương giá quy định tại khoản 2 Điều 26 Luật Giá: .....................................................................................

 

Ghi chú:

(1) Tên tổ chức đề nghị hiệp thương giá.

(2) Số ký hiệu văn bản.

(3) Cơ quan nhà nước có thẩm quyền hiệp thương giá.

(4) Tên hàng hóa, dịch vụ đề nghị hiệp thương giá.

 

Mẫu số 02: Biên bản hội nghị hiệp thương giá

 

BIÊN BẢN

Hội nghị hiệp thương giá

Hôm nay, vào lúc..... giờ...... ngày..... tháng...... năm....

Tại địa điểm..................................................................................................................

................(1)................ tổ chức Hội nghị Hiệp thương giá giữa:

Bên mua:......................................................................................................................

Bên bán:.......................................................................................................................

I. THÀNH PHẦN THAM DỰ HỘI NGHỊ HIỆP THƯƠNG GIÁ

1. Cơ quan hiệp thương giá:

- Ông/bà..........................., Chức vụ:.........................., chủ trì Hội nghị.

- Ông/bà..........................., Chức vụ:.........................., thư ký hội nghị

- Ông/bà............................................... Chức vụ...........................................................

- ..................................................................................................................................

2. Đại diện của Bên mua

- Ông/bà............................................... Chức vụ...........................................................

- Ông/bà............................................... Chức vụ...........................................................

- ..................................................................................................................................

3. Đại diện của Bên bán:

- Ông/bà............................................... Chức vụ...........................................................

- Ông/bà............................................... Chức vụ...........................................................

- ..................................................................................................................................

II. NỘI DUNG HỘI NGHỊ HIỆP THƯƠNG GIÁ

..................................................................................................................................

..................................................................................................................................

III. KẾT LUẬN HỘI NGHỊ HIỆP THƯƠNG GIÁ

..................................................................................................................................

Cuộc họp kết thúc vào lúc..... giờ...... ngày..... tháng....... năm, nội dung cuộc họp đã được các thành viên dự họp thông qua và cùng ký vào biên bản.

Biên bản được các thành viên nhất trí thông qua và có hiệu lực kể từ ngày ký.

 

 

Ghi chú:

(1) Cơ quan nhà nước có thẩm quyền hiệp thương giá.

(2) Số ký hiệu văn bản.

 

PHỤ LỤC V

DANH MỤC HÀNG HÓA, DỊCH VỤ THỰC HIỆN KÊ KHAI GIÁ VÀ THẨM QUYỀN TIẾP NHẬN
(Kèm theo Nghị định số 85/2024/NĐ-CP ngày 10 tháng 7 năm 2024 của Chính phủ

 

PHỤ LỤC VI

MẪU VĂN BẢN KÊ KHAI GIÁ
(Kèm theo Nghị định số 85/2024/NĐ-CP ngày 10 tháng 7 năm 2024 của Chính phủ)

 

Kính gửi:........................(3).......................

Thực hiện quy định tại Luật Giá, Nghị định số...../2024/NĐ-CP ngày.../.../2024 của Chính phủ quy định chi tiết một số điều của Luật Giá.

..............(1)............ gửi Bảng kê khai mức giá hàng hoá, dịch vụ bán trong nước hoặc xuất khẩu (đính kèm).

Mức giá kê khai này thực hiện từ ngày..../.... /......

..............(1)............ xin chịu trách nhiệm trước pháp luật về tính chính xác của mức giá mà chúng tôi đã kê khai.

 

- Họ và tên người nộp văn bản:.............................................................................

- Địa chỉ đơn vị thực hiện kê khai:........................................................................

- Số điện thoại liên lạc:.........................................................................................

- Email:..................................................................................................................

- Số fax:.................................................................................................................

 

GHI NHẬN NGÀY NỘP VĂN BẢN KÊ KHAI GIÁ CỦA CƠ QUAN TIẾP NHẬN

(Cơ quan tiếp nhận văn bản kê khai giá ghi ngày, tháng, năm nhận được văn bản kê khai giá và đóng dấu công văn đến)

 

BẢNG KÊ KHAI MỨC GIÁ

(Kèm theo công văn số......... ngày....... tháng....... năm........ của......... về việc kê khai giá hàng hóa, dịch vụ bán trong nước hoặc xuất khẩu)

1. Mức giá kê khai bán trong nước:

2. Mức giá kê khai bán xuất khẩu:

3. Phân tích nguyên nhân điều chỉnh giá bán giữa lần kê khai giá kỳ này so với kỳ liền kề trước: nêu cụ thể nguyên nhân do biến động của các yếu tố hình thành giá và các nguyên nhân khác tác động làm tăng hoặc giảm giá hàng hóa, dịch vụ.

4. Ghi rõ mức thuế giá trị gia tăng đã bao gồm trong giá.

Ghi chú:

(1) Tên đơn vị thực hiện kê khai giá.

(2) Số ký hiệu văn bản.

(3) Tên cơ quan có thẩm quyền tiếp nhận văn bản kê khai giá

- Giá kê khai là mức giá bán ghi trên hóa đơn đã trừ chiết khấu, giảm giá (nếu có) và bao gồm thuế giá trị gia tăng (nếu có) của hàng hóa, dịch vụ. Trường hợp kê khai giá lần đầu không bao gồm thông tin về mức giá kê khai kỳ trước, mức tăng giảm, tỷ lệ tăng giảm và nguyên nhân điều chỉnh giá bán giữa các lần kê khai giá.

- Đối với hàng hóa, dịch vụ xuất khẩu, thực hiện kê khai mức giá ghi trên hóa đơn theo đồng Việt Nam, đồng ngoại tệ (nếu có) tại bảng kê khai, ghi chú thêm thông tin thị trường nước xuất khẩu, tỷ giá, ngày áp dụng tỷ giá và ngân hàng giao dịch.

- Trường hợp tại kỳ kê khai, tổ chức kinh doanh hàng hóa, dịch vụ định giá hoặc điều chỉnh nhiều mức giá khác nhau cho nhiều đối tượng khách hàng thì kê khai tất cả các mức giá áp dụng.

 

PHỤ LỤC VII

(Kèm theo Nghị định số 85/2024/NĐ-CP ngày 10 tháng 7 năm 2024 của Chính phủ)

THÔNG TIN VỀ GIÁ THAM CHIẾU ĐỐI VỚI THAN NHẬP KHẨU

Tháng… năm….

Ghi chú: Đơn giá than nhập khẩu đã bao gồm các khoản chi phí đưa than từ nước ngoài về đến cảng, nước/vùng lãnh thổ xuất xứ than nhập khẩu, kèm theo thông tin mô tả hàng hóa; để các cơ quan, tổ chức, cá nhân có nhu cầu tham chiếu, tham khảo, sử dụng cho việc thỏa thuận, quyết định giá than trong nước.