Decree 128/2026/ND-CP amend Decree 85/2019/ND-CP detailing Law on Price, amended under Law 44/2024/QH15, 61/2024/QH15, 95/2025/QH15, 140/2025/QH15

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 85/2019/ND-CP dated July 10, 2024, detailing a number of articles of the Law on Price, which has a number of articles amended and supplemented under Law No. 44/2024/QH15, Law No. 61/2024/QH15, Law No. 95/2025/QH15 and Law No. 140/2025/QH15

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

Pursuant to the Law on Price No. 16/2023/QH15, amended and supplemented under Law No. 44/2024/QH15, Law No. 61/2024/QH15, Law No. 95/2025/QH15 and Law No. 140/2025/QH15;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 85/2019/ND-CP dated July 10, 2024, detailing a number of articles of the Law on Price, which has a number of articles amended and supplemented under Law No. 44/2024/QH15, Law No. 61/2024/QH15, Law No. 95/2025/QH15 and Law No. 140/2025/QH15.

Article 1. Amending and supplementing a number of points and clauses of Article 9

1. To amend and supplement Points c, d and dd Clause 1 Article 9 as follows:

“c) For goods and services serving national defense and security tasks implemented through order placement or task assignment: Agencies, units, enterprises, and organizations assigned orders or tasks for the production and provision of goods and services in accordance with the Law on Defense and Security Industry and Industrial Mobilization shall formulate price plans;”;

“d) For national reserve goods in the field of national defense and security: The national reserve unit or the unit directly assigned to manage national reserve goods, or the organization assigned the task of selling national reserve goods, shall formulate price plans in cases of sale of national reserve goods;”;

“dd) For goods and services subject to pricing by another authority other than those specified at Points a, b, c and d of this Clause: The competent pricing agency or the agency or unit delegated pricing competence, in case where the competent pricing agency delegates, shall organize the selection of, and request, agencies, units, organizations or individuals engaged in the business or provision of goods and services to formulate price plans. The selection of organizations and individuals engaged in the business or provision of goods and services shall comply with Clause 3 of this Article.”.

2. To amend and supplement Points b, c, and d Clause 2 Article 9 as follows:

“b) For national reserve goods procured under contractor appointment, except national reserve goods in the field of national defense and security: The contractor receiving the request dossier in case of normal contractor appointment or the contractor expected by the investor to be capable of performing the package in case of shortened contractor appointment in accordance with the bidding law shall formulate the price plan. For national reserve goods procured under the method of public purchase directly from all subjects: The Regional State Reserve Sub-department shall formulate the price plan;”;

“c) For national reserve goods sold under the method of contractor appointment or public purchase directly from all subjects, except national reserve goods in the field of national defense and security: The national reserve unit or the unit directly assigned to manage national reserve goods, or the organization assigned the task of selling national reserve goods, or another unit implementing national reserve activities shall formulate the price plan. In case where national reserve goods are managed by the Ministry of Finance, the Regional State Reserve Sub-department shall formulate the price plan;”;

“d) For services of leasing official chartered aircraft or chartered compartments taking into account standby aircraft factors, using the state budget, and for goods and services priced by authorities of two levels other than those specified at Points a, b and c of this Clause: The competent pricing agency shall organize the selection and request agencies, units, organizations or individuals trading in or providing goods and services to formulate price plans; the selection of organizations or individuals engaged in the business or provision of goods and services shall comply with Clause 3 of this Article.”.

3. To add the phrase “, providing” after the phrase “organizations and individuals trading” at Point a Clause 1, Clause 3, and Clause 6 Article 9.

4. To amend and supplement Clause 5 Article 9 as follows:

“5. Organizations and individuals in charge of formulating price plans shall submit such plans to the agency or unit assigned to appraise the price plan within 30 days from the date of receipt of the written request according to the postmark, and shall take full responsibility for the accuracy and truthfulness of the figures and data in the price plan and the accompanying dossiers and documents. In complicated cases, organizations and individuals may send a written request for extension of the duration for formulating the price plan, together with reasons and detailed explanations to the competent state agency; the extension period must not exceed 15 days.

Organizations and individuals shall explain the price plan upon request of competent state agencies, and clearly report on certain contents of the price plan and the accompanying dossiers and documents.”.

Article 2. Amending and supplementing a number of points and clauses of Article 10

1. To amend and supplement Clause 1 Article 10 as follows:

“1. Appraisal of price plans means the evaluation, on the basis of the dossier of the price plan, to determine and propose price levels on the principles, bases and pricing methods promulgated by competent state agencies, consistent with the pricing forms applicable to goods and services. The contents of the appraisal of the price plan shall clearly state opinions, data, explanations of reasons, and appraisal results compared with the proposal of the organization or individual formulating the price plan.”.

2. To add Point c to Clause 2 Article 10 as follows:

“c) For goods and services on the List of goods and services priced by the State in Appendix No. 02 to the Law on Price and subject to decentralized pricing in accordance with regulations: The agency or unit decentralized for pricing shall assign its specialized subordinate agency or unit to carry out the appraisal of the price plan; in case where the agency or unit decentralized for pricing does not have a specialized subordinate agency or unit, the competent pricing agency shall assign another subordinate agency or unit different from the agency or unit decentralized for pricing to carry out the appraisal of the price plan.”.

3. To add the phrase “organize the implementation or” before the phrase “assign subordinate agencies or units” at Point a Clause 3 Article 10.

Article 3. Amending and supplementing a number of points and clauses of Article 11

1. To amend and supplement Point b, Clause 1, Article 11 as follows:

“b) For national reserve goods in the field of national defense and security: The Ministry of National Defence and the Ministry of Public Security shall consider and promulgate pricing documents on the basis of the dossier of the price plan submitted by the agency or unit assigned to appraise the price plan;”.

2. To amend and supplement Point c Clause 1 Article 11 as follows:

“c) For goods and services specified at Points b, c and dd Clause 1 Article 9 of this Decree: The competent pricing agency or the agency or unit decentralized for pricing shall consider and promulgate pricing documents on the basis of the dossier submitted by the agency or unit assigned to appraise the price plan;”.

3. To amend and supplement Point b Clause 2 Article 11 as follows:

“b) For services of leasing official chartered aircraft or chartered compartments taking into account standby aircraft factors, using the state budget, and for goods and services priced by authorities of two different levels: The agency competent to determine specific prices shall approve the appraisal results of the price plan and send one original set of the dossier as prescribed in Clause 3 of this Article to the agency competent to determine price brackets or maximum prices or minimum prices;”.

4. To amend Point d Clause 2 Article 11 as follows:

“d) The agency competent to determine price brackets or maximum prices or minimum prices shall consider and promulgate pricing documents on the basis of the dossier submitted by the agency competent to determine specific prices, in conformity with the bases, principles and pricing methods promulgated by competent state agencies. The dossier submitted to the competent authority for promulgation of pricing documents shall comply with Clause 4 of this Article.

In case where ministries or ministerial-level agencies determine price brackets or maximum prices or minimum prices for provincial-level People’s Committees to determine specific prices, such ministries or ministerial-level agencies may promulgate pricing documents after receiving dossiers of proposal from at least two-thirds of the total number of provincial-level People’s Committees;”.

Article 4. Amending and supplementing a number of points and clauses of Article 16

1. To amend and supplement Point a Clause 2 Article 16 as follows:

“a) Ministries, ministerial-level agencies, and provincial-level People’s Committees shall assign a specialized subordinate agency or unit to assume the prime responsibility for, and coordinate with relevant agencies and units in, conducting an overall review in order to advise on the issuance of the Notice on the list of entities subject to price declaration under their competence to receive, within the time limit specified at Point b of this Clause. Information in the Notice on the list of entities subject to price declaration includes the name of the organization trading in goods or providing services and the tax identification number;”.

2. To amend and supplement Point d Clause 2 Article 16 as follows:

“d) Ministries and ministerial-level agencies shall review and select organizations trading in goods or providing services to be included in their List of entities subject to price declaration from among the following entities: Economic groups; state corporations; joint-stock companies and limited liability companies that have production and business networks capable of affecting the formation and movement of prices of goods and services nationwide or having production and business networks in two or more provinces or centrally run cities; organizations that are monopoly enterprises; enterprises or groups of enterprises holding a dominant market position in accordance with the Law on Competition.

Particularly for medical examination and treatment services: The Ministry of Health shall review and select medical examination and treatment establishments under the Ministry of Health and special-grade and grade-I hospitals under the management of ministries and sectors to be included in the List of entities subject to price declaration for medical examination and treatment services as required.”.

3. To amend and supplement Point dd Clause 2 Article 16 as follows:

“dd) Provincial-level People’s Committees shall review and select organizations trading in goods or providing services to be included in the List of entities subject to price declaration in their localities for those organizations trading in goods or providing services having their head offices located within the province but not included in the Lists of entities subject to price declaration promulgated by ministries and ministerial-level agencies; the selection of organizations to be included in the List of entities subject to price declaration shall be based on the requirements of the work of summarization, analysis and forecasting of market prices and the state management of prices in the locality.

Particularly for medical examination and treatment services: Provincial-level People’s Committees shall review and select public medical examination and treatment establishments in their localities, other than those carrying out price declaration at the Ministry of Health, and shall review and select private medical examination and treatment establishments under their management to be included in the List of entities subject to price declaration for medical examination and treatment services in accordance with regulations.”.

Article 5. Amending and supplementing a number of points and clauses of Article 22

1. To amend and supplement Clause 1 Article 22 as follows:

“1. The Ministry of Finance shall organize the summarization, analysis and forecasting of market prices. To provide and share reports on the situation of prices in localities; information and data on prices in the National Price Database in accordance with regulations, and information on the domestic and international macroeconomic situation, analysis of the consumer price index, and relevant fiscal policies in accordance with regulations. To coordinate with the State Bank of Vietnam in the synchronized administration of fiscal policy and monetary policy with a view to controlling inflation; to share with the State Bank of Vietnam the weights of major groups of goods and services in the calculation of the consumer price index, producer price index, import-export price index, and other national indicator systems; to participate with other ministries and sectors in price administration within the competence of such ministries and sectors.”.

2. To amend and supplement Clause 4 Article 22 as follows:

“4. Ministries and ministerial-level agencies managing sectors and fields shall organize the implementation of the summarization, analysis and forecasting of market prices of goods and services within the scope of their management. To provide information on mechanisms and policies, the situation of implementation of price management and regulation within their competence, and other information (if any), including: Developments of supply and demand and market prices domestically and internationally for goods on the List of goods and services subject to price valorization, the List of goods and services priced by the State, the List of goods and services subject to price declaration, and a number of important goods and services under their management sectors, etc., ensuring the provision and sharing of the following principal information:

a) The Ministry of Industry and Trade shall provide information on the administration of import and export activities, trade balance, the situation of commodity markets, domestic and international supply and demand, production conditions; price management and administration and price developments of petroleum, electricity, coal, liquefied petroleum gas (LPG), steel; and the management of prices of public non-business services within its management scope;

b) The Ministry of Agriculture and Environment shall provide information on overall supply sources; production conditions, price management and administration and price developments of paddy, rice, food, live hogs, pork, fertilizers, animal feed, and key agricultural inputs; the state management of land prices; and the management of prices of public non-business services within its management scope;

c) The Ministry of Health shall provide information on price management and administration and price developments of medicines for prevention and treatment of human diseases; price developments and the implementation of the roadmap for calculating prices of medical examination and treatment services of public medical examination and treatment establishments; the management of price declaration for medicines for human use and the management of price declaration for medical equipment; and the management of prices of public non-business services within its management scope;

d) The Ministry of Education and Training shall provide information on price management and administration and price developments of education and training services (tuition fees), vocational education services, textbooks; and the management of prices of public non-business services within its management scope;

dd) The Ministry of Home Affairs shall provide information on price management and administration and price developments of technical inspection services for machinery, equipment, materials and substances subject to strict occupational safety requirements; brokerage services under contracts for sending Vietnamese workers abroad, services for sending Vietnamese workers to abroad; and the management of prices of public non-business services within its management scope;

e) The Ministry of Construction shall provide information on price management and administration and price developments of cement, key construction materials, domestic air passenger transport services, port services, fixed-route road passenger transport fares, taxi fares; the management of prices of public non-business services within its management scope; and information on real estate transactions, leasing, social housing leasing and purchase in accordance with the law on housing and the law on real estate business;

g) The Ministry of Science and Technology shall provide information on price management and administration and the market situation and price developments of postal and telecommunications services; and the management of prices of public non-business services within its management scope.”.

Article 6. Amending and supplementing a number of points and clauses of Article 25

1. To amend and supplement Point g Clause 1 Article 25 as follows:

“g) Valuation deeds in accordance with Clause 5 Article 55 of the Law on Price, without attached valuation reports;”.

2. To add Point dd Clause 1 Article 25 as follows:

“k) Price levels of goods and services determined by the price negotiation agency. The application of such price levels shall comply with the Clause 5 Article 27 of the Law on Price.”.

3. To add Point dd Clause 2 Article 25 as follows:

“dd) Price levels of goods and services determined by the price negotiation agency. The application of such price levels shall comply with the Clause 5 Article 27 of the Law on Price.”.

Article 7. Replacing and repealing a number of phrases, clauses and appendices of Decree No. 85/2024/ND-CP

1. To replace a number of phrases as follows:

a) To replace the phrase “district-level People’s Committee” at Point a Clause 2 Article 6 with the phrase “commune-level People’s Committee”;

b) To replace the phrase “Ministry of Agriculture and Rural Development” at Point a Clause 1 Article 7 and in Appendix V with the phrase “Ministry of Agriculture and Environment”;

c) To replace the phrase “Ministry of Transport” in Appendix V with the phrase “Ministry of Construction”;

d) To replace the phrase “Ministry of Information and Communications” in Appendix V with the phrase “Ministry of Science and Technology”.

2. To replace Form No. 02 of Appendix I with Appendix I to this Decree.

3. To replace Form No. 02 of Appendix III with Appendix II to this Decree.

4. To remove a number of phrases and repeal a number of clauses as follows:

a) To remove the phrase “, the Ministry of Planning and Investment” in Clause 2 Article 22;

b) To repeal Clause 3 Article 22.

Article 8. Effect

1. This Decree takes effect from the date of its signing for promulgation.

2. To repeal Article 32 of the Government's Decree No. 125/2025/ND-CP dated June 11, 2025, providing regulations on delineation of authority of two-tier local administrations under the Ministry of Finance's state management.

3. The provisions of Clause 1 Article 3 of this Decree takes effect from July 1, 2026.

4. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.