Circular No. 122/2010/TT-BTC dated August 12, 2010 of the Ministry of Finance amending and supplementing the Finance Ministry’s Circular No. 104/2008/TT-BTC of November 13, 2008, guiding the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance and the Government’s Decree No. 75/2008/ND-CP of June 9, 2008, amending and supplementing a number of articles of the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance

THE MINISTRY OF FINANCE

Circular No. 122/2010/TT-BTC of August 12, 2010, amending and supplementing the Finance Ministry’s Circular No. 104/2008/TT-BTC of November 13, 2008, guiding the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance and the Government’s Decree No. 75/2008/ND-CP of June 9, 2008, amending and supplementing a number of articles of the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance (below referred to as Decree No. 170/2003/ND-CP);

Pursuant to the Government’s Decree No. 75/2008/ND-CP of June 9, 2008, amending and supplementing a number of articles of the Government’s Decree No. 170/2003/ND-CP of December 25, 2003, detailing a number of articles of the Price Ordinance (below referred to as Decree No. 75/2008/ND-CP);

Pursuant to the Prime Minister’s Decision No. 116/2009/QD-TTg of September 29, 2009, on supplementation of the list of goods and services subject to price valorization;

Pursuant to the Government Office’s Official Letter No. 3450/VPCP-KTTH of May 24, 2010, on promulgation of a circular on price management,

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

Article 1. To amend and supplement Part A of Circular No. 104/2008/TT-BTC as follows:

“A . GENERAL PROVISIONS

1. Scope of regulation

This Circular guides price valorization; powers and responsibilities of agencies, organizations and individuals in the elaboration, submission and appraisal of price plans and decisions; dossiers of and procedures for price consultation; control of price constituents; and forms of and procedures for registration and declaration of goods and service prices.

2. Subjects of application

2.1. Domestic and foreign enterprises, organizations, cooperatives, households and individuals conducting production and business in Vietnam (below collectively referred to as producers and traders) shall, pursuant to this Circular, take price valorization measures; elaborate and submit price plans and price consultation dossiers; register and declare goods and service prices; and take other price management measures under law.

2.2. State management agencies shall, based on their competence and this Circular, valorize prices; elaborate, submit and appraise price plans and make price decisions; control price constituents; hold price consultations; receive dossiers and supervise and examine producers and traders in price registration and declaration and observance of the state law on prices.

2.3. When a treaty to which Vietnam has signed or acceded otherwise provides pricing applicable to foreign producers and traders in Vietnam, such treaty prevails.”

Article 2. To amend and supplement Section I, Part B of Circular No. 104/2008/TT-BTC as follows:

1. To amend Clause 1, Section I, Part B:

“1. The list of goods and services subject to price valorization provided in Clause 2, Article 1 of Decree No. 75/2008/ND-CP and the Prime Minister’s Decision No. 116/2009/QD-TTg of September 29, 2009.”

2. To amend Clause 2, Section I, Part B:

“2. Conditions for application of price valorization measures

2.1. Competent state management agencies shall announce the application of price valorization measures under law when domestic market prices of goods and services on the list of those subject to price valorization undergo abnormal fluctuations in at least one of the following cases:

a/ The price increases higher than the price increase of input elements or higher than the cost price of imports because producers or traders calculate price constituents (production, product and circulation costs, profits, etc.) at variance with regimes and policies, techno-economic norms and pricing regulations promulgated by competent state agencies.

The price decreases unreasonably lower than the production cost and product cost calculated according to regimes and policies, techno-economic norms and pricing regulations promulgated by competent state agencies.

b/ The price increases or decreases groundlessly while price constituents undergo no fluctuations upon occurrence of natural disasters, fires, epidemics, enemy sabotages or economic and financial crises, or temporary supply-demand imbalances; or due to groundless rumors about price increase or decrease.

c/ The price increases or decreases unreasonably because producers or traders abuse their monopolistic positions or market dominance or enter into alliance to create price monopoly under the Competition Law and relevant laws.

2.2. For goods and services on the price valorization list decided by People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), provincial-level Finance Departments shall, based on the above conditions and local realities, advise and propose provincial-level People’s Committees to specify conditions for application of measures to valorize the prices of these goods and services suitable to local realities in each period.”

3. To amend Clause 3, Section I, Part B:

“3. Competence to decide on price valorization measures

3.1. When prices of goods and services on the price valorization list fluctuate abnormally under Clause 2, Article 2 of this Circular, the Ministry of Finance shall, based on realities, report and propose the Prime Minister to decide on and announce the application of one or several price valorization measures specified at Point 1, Clause 3, Article 1 of Decree No. 75/2008/ND-CP, specifically as follows:

a/ Measures to balance supply and demand for goods and services (between production and consumption, between production and import-export, among areas and regions nationwide, between points of time in the year, etc.);

b/ Purchasing and selling national reserve commodities within the state reserve system;

c/ Controlling goods inventories of producers and traders;

d/ Appropriate financial and monetary policies under law.

3.2. The Minister of Finance shall decide on price valorization measures specified at Point 3.1 of this Clause when authorized by the Prime Minister; and concurrently, based on his/her competence and realities, decide on and announce the application of one or several price valorization measures specified at Point 2, Clause 3, Article 1 of Decree No. 75/2008/ND-CP, specifically as follows:

a/ Setting maximum prices, minimum prices and price brackets of goods and services subject to price valorization to serve as a basis for producers and traders to decide on specific buying or selling prices;

b/ Controlling price constituents of goods and services subject to price valorization: the Ministry of Finance shall assume the prime responsibility for, and coordinate with concerned ministries and sectors and provincial-level People’s Committees in, implementing Article 22a in Clause 10, Article 1 of Decree No. 75/2008/ND-CP and Article 6 of this Circular;

c/ Registering and declaring prices under Article 22b in Clause 10, Article 1 of Decree No. 75/2008/ND-CP and Articles 7 and 8 of this Circular;

d/ Publicizing price information under Article 22c in Clause 10, Article 1 of Decree No. 75/2008/ND-CP;

e/ Other economic and administrative measures according to his/her competence, including:

- Deciding to suspend the application of goods or service prices unreasonably set by producers and traders and ordering the application of the prices before abnormal fluctuations;

- Imposing a caution or fines under the law on sanctioning of administrative violations in the pricing domain and relevant laws; collecting disparities gained from the unreasonable price increase into the state budget;

- Proposing competent agencies to deprive the right to use business eligibility certificates and business licenses of producers and traders for a definite or an indefinite term under law;

- Forming teams to examine and inspect the observance of state regulations on price management, and price posting and sale of goods and services at prices set by competent agencies and registered, declared and posted prices; sanctioning administrative violations in the pricing domain under law;

- Deciding on thrift practice and waste combat measures to reduce product costs; and techno-economic measures to support production and business under law.

3.3. Provincial-level People’s Committee chairpersons shall decide on and announce the application of price valorization measures specified at Point 3, Clause 3, Article 1 of Decree No. 75/2008/ND-CP, specifically as follows:

a/ Measures to balance goods and service supply and demand according to their competence;

b/ Financial and monetary measures under law;

c/ Registering and declaring prices under Article 22b in Clause 10, Article 1 of Decree No. 75/2008/ND-CP and Articles 7 and 8 of this Circular;

d/ Publicizing price information under Article 22c in Clause 10, Article 1 of Decree No. 75/2008/ND-CP;

e/ Other economic and administrative measures according to their competence, including:

- Deciding to suspend the application of goods and service prices unreasonably set by producers and traders against current regulations and ordering the application of the prices before abnormal fluctuations.

- Imposing a caution or fines under the law on sanctioning of administrative violations in the pricing domain and relevant laws; collecting disparities gained from the unreasonable price increase by producers and traders into the state budget;

- Depriving the right to use business eligibility certificates and business licenses of producers and traders for a definite or an indefinite term under law;

- Forming teams to examine and inspect price constituents, the observance of state regulations on price management, and price posting and sale of goods and services at prices set by competent agencies and registered, declared and posted prices; sanctioning administrative violations in the pricing domain under law;

- Deciding on thrift practice and waste combat measures to reduce product costs; and techno-economic measures to support production and business under law.”

4. To amend Point c, Item 4.1, Clause 4, Section I, Part B:

“c/ Assume the prime responsibility for, and coordinate with concerned agencies in, controlling price constituents of commodities specified in Article 22a in Clause 10, Article 1 of Decree No. 75/2008/ND-CP and Article 6 of this Circular or advise the Minister of Finance to direct professional agencies under the Ministry or provincial-level Finance Departments in controlling price constituents of goods and services of producers and traders operating in their localities.”

5. To amend Points a and b, Item 4.2, Clause 4, Section I, Part B:

“a/ Assume the prime responsibility for, and coordinate with local concerned agencies and units in, promptly proposing chairpersons of provincial-level People’s Committees to apply price valorization measures decided by the Prime Minister or the Minister of Finance; and proposing chairpersons of provincial-level People’s Committees to decide on and announce the application of price valorization measures in their localities according to their competence.

b/ Assume the prime responsibility for, and coordinate with local concerned agencies and units in, controlling price constituents of commodities under their competence provided in Article 22a in Clause 10, Article 1 of Decree No. 75/2008/ND-CP and Article 6 of this Circular and under the Finance Minister’s direction; examine the observance of the law on prices and other relevant regulations such as those on examination of price posting and sale of goods and services at prices set by competent agencies and posted prices; price registration and declaration and publicity of price information of goods and services subject to price registration and declaration (according to their competence), detect and promptly handle violations of the Price Ordinance and relevant laws; and examine the application of price valorization measures.”

6. To add Clause 6 below to Section I, Part B:

“6. Once every month or at the request of agencies competent to decide on price valorization, the General Department of Customs shall send a statistical list of imports and exports to the Price Management Department; local customs offices shall send statistical lists of imports and exports to Finance Departments of localities of which those customs offices take charge.”

Article 3. To amend and supplement Section II, Part B of Circular No. 104/2008/TT-BTC:

1. To amend the title of Section II as follows:

“II. Powers and responsibilities of agencies, organizations and individuals in the elaboration, submission and appraisal of price plans and decisions for goods and services to be priced by the State.”

2. To add the following to below the title of Section II and above Clause 1, Section II, Part B:

“Pursuant to Clauses 5 and 6, Article 1 of Decree No. 75/2008/ND-CP, providing the competence to value assets, goods and services to be priced by the State, ministries, sectors, provincial-level People’s Committees, and producers and traders shall elaborate, submit and appraise price plans and decide on prices in accordance with Clause 5, Article 1 of Decree No. 75/2008/ND-CP, Section II of Circular No. 104/2008/TT-BTC and this Circular.”

3. To amend Item 1.1, Clause 1, Section II, Part B:

“1.1. Methods of determining land prices, price brackets for land of different categories shall be  developed and submitted by the Ministry of Natural Resources and Environment after obtaining written opinions of concerned ministries, sectors and provincial-level People’s Committees and written appraisal of the Ministry of Finance to the Government for promulgation.”

4. To add Item 1.4 below to Clause 1, Section II, Part B:

“1.4. Price brackets for land and water surface lease shall be set and submitted by the Ministry of Finance after obtaining written opinions of concerned ministries and sectors and provincial-level People’s Committees to the Government for decision.”

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

“3. Powers and responsibilities of agencies, organizations and individuals for assets, goods and services to be priced by the Minister of Finance:

3.2. Maximum purchase prices and minimum sale prices of national reserve commodities:

- For national reserve commodities managed by the National Reserve Department (excluding those for defense, security and cipher purposes), plans on maximum purchase prices and minimum sale prices, and import and export expenses (expenses for goods release for barter and for relief) and preservation expenses, for which norms are not available, in a planning year under the Ordinance on National Reserves shall be elaborated and sent by units and organizations assigned to purchase, sell, release and supply these commodities to the National Reserve Department for approval. The National Reserve Department shall subsequently send written request to the Price Management Department for appraisal and submission of these plans to the Minister of Finance for decision.

- For national reserve commodities managed by ministries and sectors (including also those for  defense, security and cipher purposes), plans on maximum purchase prices and minimum sale prices (excluding those for defense, security and cipher purposes); and import and export expenses (expenses for goods release for barter and for relief) and preservation expenses, for which norms are not available, in a planning year under the Ordinance on National Reserves shall be elaborated and submitted by establishments directly managing national reserves commodities to managing ministries or sectors for approval. These ministries or sectors shall subsequently send a written request to the Price Management Department for appraisal and submission of these plans to the Minister of Finance for decision.

3.3. For public-utility products and services ordered or planned by competent state agencies; goods and services produced and provided by state orders and paid with state budget funds (excluding goods and services to be priced by other ministries and sectors and provincial-level People’s Committees) through contractor designation or self-execution under the Bidding Law, not through auction, price plans shall be elaborated and submitted by producers and traders of goods and services to line ministries or sectors for appraisal and subsequent proposal to the Minister of Finance for decision.

3.4. For domestic air freight rate brackets, service charge rates for  takeoff and landing; operating inbound and outbound flights; supporting flight operations; security screening; passenger services and other aviation-related service charge brackets and levels at airports and airfields under the aviation law, price plans shall be elaborated and submitted by service providers to the Civil Aviation Administration of Vietnam for submission to the Ministry of Transport for appraisal and subsequent proposal to the Minister of Finance for decision.

3.7. The level (or rate) for exemption from or reduction of post and telecommunications service charges in emergency cases for defense and security or special political tasks; prevention and control of floods, storms, natural disasters, rescue, salvage and other catastrophes; first aid, epidemic prevention and control; and other urgent information under the law on state of emergency entitled to exemption from and reduction of post and telecommunications service charges shall be decided the Ministry of Finance suitable to the actual performance of tasks after reaching agreement with the Ministry of Information and Communications.

3.8. The Price Management Department shall assume the prime responsibility for, and coordinate with concerned agencies in, reviewing dossiers and appraising price plans to be decided by the Minister of Finance, which are sent by ministries, sectors, producers and traders, for submission to the Minister of Finance for decision; and examining the implementation of the Finance Minister’s price decisions.”

6. To amend Clause 14, Section II, Part B:

“14. Powers and responsibilities of agencies, organizations and individuals for assets, goods and services to be priced by provincial-level People’s Committees:

Provincial-level People’s Committees shall specifically assign competent agencies and organizations to guide, elaborate, submit and appraise price plans for each goods or service falling within the pricing competence of provincial-level People’s Committees for submission to provincial-level People’s Committees for decision in accordance with Decree No. 75/2008/ND-CP, this Circular and relevant laws. When provincial-level Finance Departments guide and elaborate pricing plans, they shall assume the prime responsibility for, and coordinate with concerned agencies in, elaborating these plans and directly submit them to provincial-level People’s Committees for decision.”

Article 4. To amend and supplement Clauses 2 and 3, Section III, Part B of Circular No. 104/2008/TT-BTC:

1. To amend the title of Section III:

“III. DOSSIERS AND CONTENTS OF PRICE PLANS FOR SUBMISSION TO COMPETENT AUTHORITIES FOR DECISION”

2. To amend Clauses 2 and 3, Section III:

“2. The explanation about a price plan covers:

2.1. The necessity and objectives of price determination or adjustment (the situation of production of and trading in goods or services subject to price determination or adjustment, domestic and world market price developments; necessity of price adjustment).

2.2. Grounds for price determination or adjustment (relevant legal documents).

2.3. Sheets of calculation of cost prices of goods or services (for domestic goods and services), or import costs (for imported goods); sale prices of goods or services and structure of proposed prices, which must comply with the Ministry of Finance’s Regulation on pricing. When the Regulation on pricing of a specific goods or service promulgated by a competent agency is available, the price of such goods or service shall be calculated under this Regulation.

- Comparison of price constituents and proposed prices against those of the previously approved pricing plan with clear reasons for the increase (+) or decrease (-).

- Comparison of proposed prices against prices of similar goods or services in the domestic market or some regional markets (if any) by the pricing method provided in the pricing regulation promulgated by a competent agency.

2.4. Impacts of the new prices on the operation of other producers and traders, the state budget, life, society and consumer incomes.

2.5. Measures to apply the new prices.

3. Written requests for price decision and plans to agencies competent to appraise price plans and decide on prices shall be made according to the form provided in Appendix 2 to this Circular (not printed herein).”

Article 5. To amend Section IV, Part B of Circular No. 104/2008/TT-BTC:

“IV. PRICE CONSULTATION DOSSIERS AND PROCEDURES

1. A price consultation dossier comprises:

1.1. Written instruction for price consultation of a competent state management agency or written request for price consultation of either (or both) the buyer and the seller of goods or services subject to price consultation sent to the agency competent to hold price consultation.

1.2. Price plans for consultation:

a/ The seller that is requested by a competent agency to hold price consultation or proposes price consultation shall elaborate and send price plans for consultation to the agency competent to hold price consultation, explaining the following:

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

- Analysis of the prices proposed for consultation: Comparison with market prices of similar goods or services:

+ Pricing grounds.

+ A table of the pricing structure according to price constituents, analysis of and explanations about pricing structure (including analysis of and comparison with the pricing structure before price consultation is requested or proposed, clearly stating the reason for increase (+) or decrease (-)).

+ Analysis of impacts of the new prices on production and business efficiency, incomes of enterprises’ employees, and fulfillment of obligations toward the state budget.

+ Matters on which the seller cannot reach agreement with the buyer and the seller’s arguments on these matters.

+ Recommendations (if any).

b/ The buyer that is requested by a competent agency to hold price consultation or proposes price consultation shall elaborate and send price plans for consultation to the agency competent to hold price consultation, clearly explaining the following:

- A table of the pricing structure according to price constituents of its goods or services calculated according to the new input price, the purchase price proposed by the buyer to the seller, and a table of the pricing structure according to price constituents if the buyer has to buy at the price proposed by the seller for direct sale to consumers. Explanations about pricing structures (including analysis of and comparison with input prices before price consultation is requested or proposed).

- Comparison with market prices of similar goods or services.

- Analysis of impacts of the new prices on production and business efficiency, incomes of enterprises’ employees, fulfillment of obligations toward the state budget and possibility of consumer acceptance.

- Matters on which the buyer cannot reach agreement with the seller and its arguments on these matters.

- Other recommendations (if any).

1.3. When compulsory price consultation is requested by a competent agency, both the buyer and seller shall elaborate price consultation dossiers under the above guidance.

1.4. The buyer or seller shall compile price consultation dossiers according to the form provided in Appendix 3 to this Circular (not printed herein) under this Article and send in advance at least 3 (three) copies of the dossiers to the agency competent to hold price consultation and a copy to its partner (buyer or seller).

2. Price consultation procedures and order

2.1. Agencies competent to hold price consultation are as defined in Clause 8, Article 1 of Decree No. 75/2008/ND-CP.

2.2. Parties to goods or service price consultation include the agency competent to hold price consultation; authorized representatives of the buyer and seller and relevant agencies as requested by the agency competent to hold price consultation.

2.3. Price consultation order:

a/ Within 5 (five) working days after receiving an incomplete price consultation dossier, the agency competent to hold price consultation shall make a written request to parties to price consultation for dossier completion under regulations.

b/ Within 15 (fifteen) working days after receiving a complete and valid price consultation dossier as specified in Clause 1 of this Article, the competent agency shall hold price consultation.

c/ At the price consultation conference:

- The agency competent to hold price consultation shall present price consultation objectives, requirements and contents; request the buyer and seller to present their price consultation dossiers and price plans for consultation; and hear opinions of relevant agencies participating in price consultation.

- The agency competent to hold price consultation shall draw conclusions and make a minutes (signed by the price consultation organizer and representatives of the buyer and seller) and send a written notice of consultation results to the buyer and seller for compliance.

d/ Producers and traders proposing price consultation may withdraw their price consultation dossiers in order to reach agreement with one another on the sale and purchase prices of goods and services proposed for price consultation before the competent agency holds price consultation.

2.4. Responsibilities of price consultation organizers

a/ Before holding price consultation, agencies competent to hold price consultation shall collect and analyze necessary information concerning the goods or services subject to price consultation; analyze price constituents which affect the seller and buyer, and create conditions for them to reach agreement on prices at the price consultation conference.

b/ Decisions on prices agreed by parties to price consultation or on temporary prices for the buyer and seller to apply in case they fail to reach agreement comply with Clause 9, Article 1 of Decree No. 75/2008/ND-CP.”

Article 6. To amend Section V, Part B of Circular No. 104/2008/TT-BTC:

“V. CONTROL OF PRICE CONSTITUENTS

1. Competent agencies shall decide on measures to control price constituents when prices of goods and services abnormally fluctuate under Article 2 of this Circular or when state management requires price control.

2. The list of goods and services subject to price constituent control includes:

2.1. Goods and services to be priced by the State under Clause 4, Article 1 of Decree No. 75/2008/ND-CP.

2.2. Goods and services subject to price valorization under Article 2 of this Circular (particularly, liquefied gas is liquefied petroleum gas - LPG).

2.3. Goods and services subject to price registration and declaration under this Circular.

2.4. Goods and services subject to price constituent control at the request of the Prime Minister, ministers or chairpersons of provincial-level People’s Committees when goods and services are sold in the market at prices unreasonably higher or lower than the prices properly calculated according to regimes and policies, techno-economic norms and pricing regulations of competent state agencies, affecting socio-economic development and consumer interests.

3. Grounds for competent agencies to control price constituents of goods and services are legal documents promulgated by the Ministry of Finance and competent agencies regarding valuation of assets, goods and services, accounting of production, product and circulation costs of goods and services, and relevant laws.

4. The order, procedures, time and competence for price constituent control comply with Clauses 2, 3 and 5, Article 22a in Clause 10, Article 1 of Decree No. 75/2008/ND-CP.

5. Handling of violators that set prices of goods and services at variance with price constituents under regulations on pricing of goods and services of the Ministry of Finance and competent agencies; and in contravention of the law on accounting of production, product and circulation costs, and relevant laws, complies with Clause 4, Article 22a in Clause 10, Article 1 of Decree No. 75/2008/ND-CP, and economic and administrative measures specified in Article 2 of this Circular, specifically as follows:

- Administrative sanctioning under the law on sanctioning of administrative violations in the pricing domain and relevant laws;

- Suspending the application of goods and service prices unreasonably set by producers and traders against current regulations; requesting producers and traders to buy and sell at prices set by competent state agencies or by themselves prior to their unreasonable increase or decrease of the prices;

- Collecting disparities gained from producers’ and traders’ price hikes at variance with price constituents into the state budget;

- Requesting producers and traders to adjust sale prices of goods and services matching price constituents after removing improper calculations under law and sell goods and services at adjusted prices;

- Proposing competent agencies to deprive the right to use business eligibility certificates and business licenses for a definite or an indefinite term under law;

- When violations show signs of crime, agencies competent to control price constituents defined in Decree No. 75/2008/ND-CP shall forward dossiers to competent agencies for handling under law.”

Article 7. To amend Section VI, Part B of Circular No. 104/2008/TT-BTC:

“VI. REGISTRATION OF GOODS AND SERVICE PRICES

1. List of goods and services subject to price registration

1.1. Price registration means producers’ and traders’ compulsory and regular registration of sale prices of goods and services set by themselves under regulations, including when they set or adjust prices upon both abnormal market price fluctuations and normal market prices for goods and services on the price valorization list under Clause 1, Article 2 of this Circular, except medicines for human use which have had prices declared under the guidance of the Ministry of Health, the Ministry of Finance and the Ministry of Industry and Trade; for liquefied gas, it is specifically defined as liquefied petroleum gas-LPG; for milk, powder milk for under-6 children is subject to price registration; and the following goods added to the list: coal, textbooks, paper, including print paper, newsprint and writing paper. Particularly, price registration of post and telecommunications services complies with the Ministry of Information and Communications’ guidance.

Prices shall be registered before producers and traders sell their products on debut; and before they adjust prices of products on sale, which are subject to price registration; or at the request of competent state agencies.

1.2. Based on local realities, provincial-level People’s Committees shall supplement lists of goods and services subject to price registration in their localities (outside the list specified at Point 1.1 of this Clause).

2. Subjects of price registration

2.1. Producers and traders of goods and services shall register import, wholesale, retail and recommended retail prices applicable nationwide or to each major regional market, specifically as follows:

- Producers and traders of goods and services that only deal in wholesale shall register wholesale prices;

- Producers and traders of goods and services that deal with both wholesale and retail shall register wholesale and retail prices;

- Producers and traders of goods and services that are importers and concurrently sole distributors shall register import, wholesale and recommended retail prices;

- Producers and traders of goods and services that are sole distributors or general agents shall register wholesale and recommended retail prices.

2.2. Producers and traders of goods and services other than those specified in Articles 7 and 8 of this Circular are not required to register and declare prices, but shall post up prices and publicize price information under current law.

3. Time, modes, contents and forms of price registration

3.1. Price registration time:

Before producers and traders sell goods and services subject to price registration at new prices, they shall make and submit price registration forms to state agencies competent to receive these forms.

3.2. Price registration modes and procedures:

Producers and traders shall register prices by sending price registration forms to state agencies competent to receive these forms. Price registration includes first registration and re-registration:

a/ First price registration is made before producers and traders sell goods and services subject to price registration in the market for the first time or when they register prices under law for the first time.

b/ Price re-registration is made when producers and traders increase or decrease prices from the previously registered prices or at the request of a competent state agency if their first registration or re-registration fails to comply with law.

3.3. Contents of price registration forms:

- Written price registration of a producer or trader, which specifies the time planned for application of the registered price.

- Table of registered specific prices associated with goods or service quality; sale venues. Registered prices are those calculated by the producer or trader under regulations on valuation of assets, goods and services promulgated by competent agencies under law;

- Explanations about the pricing structure based on price constituents.

The price registration form is provided in Appendix 4 to this Circular (not printed herein).

4. Agencies receiving price registration forms and subjects of price registration

4.1. The Ministry of Finance (the Price Management Department) shall receive price registration forms of goods and services provided in this Circular (except those subject to price registration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence) from companies, including one-member limited liability companies transformed from parent companies of state economic groups and state corporations (established by the Prime Minister); and companies in which parent companies of  state economic groups and state corporations hold 51% or more charter capital and some other enterprises decided by the Ministry of Finance.

The Ministry of Finance (the Price Management Department) shall specifically notify the list of enterprises subject to price registration under this Clause suitable to each period.

4.2. Line ministries and branches shall receive price registration forms provided in this Circular for goods and services subject to price registration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence.

4.3. Provincial-level Finance Departments shall receive price registration forms of one-member limited liability companies transformed from state corporations, independent state companies of ministries and provincial-level People’s Committees, and producers and traders of other economic sectors which are headquartered in their provinces and produce and trade in goods and services subject to price registration under this Circular (except those subject to price registration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence).

Provincial-level Finance Departments shall assume the prime responsibility for, and coordinate with concerned sectors in their provinces in, reporting to provincial-level People’s Committees for decision and specific notification of lists of provincial-based producers and traders subject to price registration under this Clause suitable to each period; and concurrently guide and urge producers and traders subject to price registration to observe this Circular.

5. Powers and responsibilities of agencies, organizations and individuals

5.1. Agencies receiving price registration forms:

a/ When receiving producers’ and traders’ price registration forms, they shall record the date of receipt of documents and forms and stamp a receipt mark on written price registrations according to administrative procedures; and consider and examine the reasonability and legality of the forms and check their contents:

- When forms are made at variance with Appendix 4 to this Circular, within two (2) working days (after receiving price registration dossiers of producers and traders indicated on the document receipt mark of the receiving agencies), they shall issue a document the returning forms to producers and traders for completion.

- When detecting unreasonable constituents of registered prices in price registration forms, they shall make a written request to producers and traders for explanation and re-registration of prices.

- They shall request producers and traders that sell goods and services at prices higher than their registered prices without re-registering them to sell goods at prices before they increase the prices without price re-registration.

b/ Producers and traders that fail to observe the above regulations shall be not only administratively sanctioned for violations in the price registration domain but also handled by competent inspection and examination agencies under Article 6 of this Circular.

c/ Competent state management agencies in the pricing domain shall use prices registered by producers and traders for analyzing, summarizing and forecasting market price fluctuations; and controlling price constituents for price valorization.

5.2. Price-registering producers and traders:

a/ Producers and traders of goods and services subject to price registration shall register prices under this Circular.

They shall fill in price registration forms at least in 1 (one) set and send to price registration receiving agencies (except goods and services subject to price registration under separate regulations of ministries or line ministries).

b/ Producers and traders of goods and services subject to price registration may sell goods and services at registered prices under law and shall take responsibility before law for their registered prices and be handled under law for violations of price registration regulations.

c/ They shall publicize price information; post up legally registered sale prices under this Circular, publicize them within their entire system, sell goods and services at posted prices and observe price valorization measures under law upon abnormal market fluctuations.”

Article 8. To amend Section VII, Part B of Circular No. 104/2008/TT-BTC

“VII. DECLARATION OF GOODS AND SERVICE PRICES

1. List of goods and services subject to price declaration

1.1. Price declaration means producers’ and traders’ compulsory and regular declaration of their sale prices of goods and services subject to price declaration provided in Appendix 1 to this Circular and goods and services to be priced by provincial-level People’s Committees upon both abnormal market price fluctuations and normal market prices. Prices shall be declared before producers and traders sell their products on debut; and before they adjust prices of products on sale subject to price declaration; or at the request of competent state agencies.

1.2. Based on local realities, provincial-level People’s Committees shall supplement lists of goods and services subject to price declaration in their localities (outside the list provided in Appendix 1 to this Circular).

2. Subjects of price declaration

2.1. Producers and traders of goods and services shall declare import, wholesale, retail and recommended retail prices applicable nationwide or to each major regional market, specifically as follows:

- Producers and traders of goods and services that only deal in wholesale shall declare wholesale prices;

- Producers and traders of goods and services that deal in both wholesale and retail shall declare wholesale and retail prices;

- Producers and traders of goods and services that are importers and concurrently sole distributors shall declare import, wholesale and recommended retail prices;

- Producers and traders of goods and services that are sole distributors or general agents shall declare wholesale and recommended retail prices.

2.2. Producers and traders of goods and services other than those specified in Articles 7 and 8 of this Circular are not required to declare or register prices, but shall post up prices and publicize price information under current law.

3. Time, modes, contents and forms of price declaration

3.1. Price declaration time:

Before selling goods and services subject to price declaration at new prices, producers and traders shall fill in and submit price declaration forms to state agencies competent to receive these forms.

3.2. Price declaration modes and procedures

Producers and traders shall declare prices by filling in and sending price declaration forms to state agencies competent to receive these forms. Price declaration includes first declaration and re-declaration:

a/ First price declaration is made before producers and traders sell goods and services subject to price declaration in the market for the first time or when they declare prices under law for the first time.

b/ Price re-declaration is made when producers and traders increase or decrease prices from the previously declared prices or at the request of a competent state agency if their first declaration or re-declaration fails to comply with law.

3.3. Contents of price declaration forms:

- Written price declaration of a producer or trader, which specifies the time planned for application of the declared prices;

- Table of declared prices, which are set by the producer or trader under regulations on valuation of assets, goods and services promulgated by competent agencies under law suitable with specifications, standards and quality of goods and services (or which are prices agreed between the producer or trader and consumers).

The price declaration form is provided in Appendix 5 to this Circular (not printed herein).

4. Agencies receiving price declaration forms and subjects of price declaration

4.1. The Ministry of Finance (the Price Management Department) shall receive price declaration forms of goods and services of companies, including one-member limited liability companies transformed from parent companies of state economic groups, state corporations (established by the Prime Minister); and companies in which parent companies of state economic groups and state corporations hold 51% or more charter capital and produce and trade in goods and services subject to price declaration specified in Appendix 1 to this Circular (except those subject to price declaration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence, and some other enterprises decided by the Ministry of Finance.

The Ministry of Finance (the Price Management Department) shall specifically notify the list of enterprises subject to price declaration under this Clause suitable to each period.

4.2. Line ministries and sectors shall receive price declaration forms provided in Appendix 1 to this Circular for goods and services subject to price declaration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence.

4.3. Provincial-level Finance Departments shall receive price declaration forms of one-member limited liability companies transformed from state corporations, independent state companies of ministries and provincial-level People’s Committees, and producers and traders of other economic sectors which are headquartered in their provinces and produce and trade in goods and services subject to price declaration provided in Appendix 1 to this Circular (except those subject to price declaration under separate joint guidance of the Ministry of Finance and line ministries or the guidance of line ministries according to their competence).

Provincial-level Finance Departments shall assume the prime responsibility for, and coordinate with concerned sectors in provinces in, reporting to provincial-level People’s Committees for decision and notification of specific lists of provincial-based producers and traders subject to price declaration under this Clause suitable to each period; and concurrently guide and urge producers and traders subject to price declaration to observe this Circular.

5. Powers and responsibilities of agencies, organizations and individuals

5.1. Agencies receiving price declaration forms:

a/ When receiving producers’ and traders’ price declaration forms, the Ministry of Finance (the Price Management Department), line ministries, provincial-level Finance Departments and provincial-level line departments shall  record the date of receipt and stamp a receipt mark on written price declarations according to administrative procedures.

b/ They shall check declared prices and, if detecting unreasonably declared prices, request in writing producers and traders to explain declared prices or declare prices again.

c/ Competent state management agencies in the pricing domain shall use prices declared by producers and traders for analyzing, summarizing and forecasting market price fluctuations; and controlling price constituents for price valorization.

5.2. Price-declaring producers and traders:

a/ Producers and traders of goods and services subject to price declaration shall declare prices under this Circular.

They shall fill in price declaration forms at least in 1 (one) set and send them to price declaration form receiving agencies (except goods and services subject to price declaration under separate regulations of ministries or of line ministries).

b/ Producers and traders of goods and services subject to price declaration may sell goods and services at declared prices under law and shall publicize price information and take responsibility before law for the properness of their registered prices.

c/ They shall explain or re-declare prices when agencies receiving price declaration forms detect unreasonably declared prices and request them in writing to explain or re-declare prices.

d/ Producers and traders of goods and services subject to price declaration that fail to declare prices or violate regulations on price declaration shall be not only administratively sanctioned for violations in the price declaration domain but also handled by competent inspection and examination agencies under Article 6 of this Circular.”

Article 9. Organization of implementation

1. This Circular takes on October 1, 2010.

2. Any problems arising in the course of implementation should be reported to the Ministry of Finance for study and settlement.

For the Minister of Finance
Deputy Minister
TRAN VAN HIEU

Appendix 1

LIST OF GOODS AND SERVICES SUBJECT TO PRICE DECLARATION

(To the Finance Ministry’s Circular No. 122/2010/TT-BTC of August 12, 2010)

1. Industrial explosive materials;

2. Seaport services according to seaport service charge tariffs issued by seaport service providers;

3. Airport services according to airport service charge tariffs issued by airport directors;

4. Air freights of domestic air services whose charge rate brackets are set by the State;

5. Charges for transportation by car;

6. Medicines for human use under the joint circular of the Ministry of Health, the Ministry of Finance and the Ministry of Industry and Trade guiding the state management of prices of medicines for human use.-