Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending, supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding a number of articles of the Law on Price

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Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending, supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding a number of articles of the Law on Price
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Official number:149/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:11/11/2016Effect status:
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Fields:Commerce - Advertising

SUMMARY

To supplement goods and services subject to price declaration

On November 11, 2016, the Government issued the Decree No. 149/2016/ND-CP amending, supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding a number of articles of the Law on Price.

This Decree prescribes 16 types of goods and services subject to price declaration (compared with 13 types as in previous regulations). Beside goods and services subject to price declaration in previous regulations such as services at sea ports; cement and constructional steel; coal; animal feed for cattle, poultry and aquatic animals; antidotal,  antiseptic, disinfectant drug, treatment for cattle, poultry and aquatic animals; aviation services at airport; textbooks; aviation services on the domestic routes in the list of regulation on price bracket; freight of passenger transportation on fixed routes by road; freight of passenger transportation by taxi; functional food for children below 06 years of age …the Decree also add three more goods and services such as freight of passenger transportation by railway with hard seat type and soft seat type; ethanol; liquefied natural gas, compressed natural gas (CNG); service of monitoring railway transportation.

Also in accordance with this Decree, organizations and individuals producing and trading goods and services subject to price declaration shall implement price declaration by sending the announcement of declared price to the competent State agency before evaluation and price adjustment. Where organizations and individuals producing and trading goods and services subject to price declaration of reduction, price reduction should be done promptly and send the price declaration form to notify the deduction rate to competent agencies. Within that, where the producing and trading organizations, individuals only sell by wholesale, they shall declare the wholesale price; where the producing and trading organizations and individuals sell by both wholesale and retail, they shall declare both wholesale price and detail price; where the producing and trading organizations and individuals are importing units and exclusive distributors, they shall declare the estimated wholesale price and detail price…

This Decree takes effect on January 01, 2017.
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THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 149/2016/ND-CP

 

Hanoi, November 11, 2016

 

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 20, 2012 Law on Price;

Pursuant to November 25, 2015 Law on Charges and Fees;

At the proposal of the Minister of Finance,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Price and Article 24 of the Law on Charges and Fees regarding price valorization; pricing by the State; price consultation; examination of price constituents; price declaration; price display; powers of state management of prices and a national price database.”

2. To amend and supplement Clause 2, Article 3 as follows:

“2. Ministries and sectors shall assume the prime responsibility for, and coordinate with competent agencies in, receiving price registrations prescribed at Point a, Clause 2, Article 6 of this Decree to guide in detail the list of goods items appropriate for each period:

a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding in detail the list of goods items mentioned at Points dd, e, g, i, and k, Clause 1 of this Article;

b/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding in detail the list of goods items prescribed at Point d, Clause 1 of this Article;

c/ The Ministry of Health shall guide in detail the goods items prescribed at Point 1, Clause 1 of this Article, and assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, guiding in detail the list of goods items prescribed at Point h, Clause 1 of this Article.”

3. To amend and supplement Clause 2, Article 5 as follows:

“2. A price valorization fund shall be set up for the goods specified at Point a, Clause 1, Article 3 of this Decree and used only for valorization of prices of such goods or services.

When necessary to change or add goods items for which a price valorization fund shall be set up, the Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries in, proposing such change or addition to the Government for consideration and decision.”

4. To amend and supplement Article 6 as follows:

“Article 6. Price registration

1. When the State applies the price registration measure to valorize prices of specific goods items on the list of goods and services subject to price valorization, producers and traders shall make price registration from the effective date of the competent agency’s decision on the application of the price registration measure and before determining or adjusting prices of goods and services by filling in the price registration forms and send them to competent state agencies. Cases of price registration include:

a/ Producers and traders that carry out only wholesale activities shall register wholesale prices;

b/ Producers and traders that carry out both wholesale and retail activities shall register both wholesale and retail prices;

c/ Producers and traders that are importers and concurrently sole distributors shall register wholesale and projected retail prices;

d/ Producers and traders that are sole distributors shall register wholesale and retail prices or projected retail prices; general agents that are authorized to decide and adjust prices shall register wholesale and retail prices or projected retail prices; agents that are authorized to decide and adjust prices shall register retail prices;

dd/ The registration of sale prices of kitchen salt, and unprocessed and processed ordinary rice shall be made by their producers and traders (excluding farmers and salt makers). Producers and traders that purchase kitchen salt directly from salt makers or unprocessed and processed ordinary rice directly from farmers shall register purchase prices of salt and rice.

2. State agencies competent to receive and check price registration forms:

a/ At the central level:

- The Ministry of Finance shall receive and check price registration forms for goods and services specified at Points a, b, c, d, dd, e, g, i and k, Clause 1, Article 3 of this Decree. In case of necessity, the Ministry of Finance shall make copies of price registration forms and send them to the Ministry of Industry and Trade or the Ministry of Agriculture and Rural Development for joint examination;

- The Ministry of Industry and Trade shall receive and check price registration forms for goods and services specified at Point h, Clause 1, Article 3 of this Decree;

- The Ministry of Health shall receive and check price registration forms for goods and services specified at Point 1, Clause 1, Article 3 of this Decree.

b/ At local level:

- Provincial-level Finance Departments shall receive and check price registration forms for goods and services specified at Points a, b, c, d, dd, e, g, i and k, Clause 1, Article 3 of this Decree;

- Provincial-level Departments of Industry and Trade shall receive and check price registration forms for goods and services specified at Point h, Clause 1, Article 3 of this Decree;

- Provincial-level Departments of Health shall receive and check price registration forms for goods and services specified at Point 1, Clause 1, Article 3 of this Decree;

- District-level People’s Committees, as assigned by provincial-level People’s Committee, shall receive and check price registration forms for goods and services specified in Clause 1, Article 3 of this Decree in their districts. Line management departments shall advise provincial-level People’s Committees on price registration of goods and services to be decentralized to district-level People’s Committees for check.

3. The Ministry of Finance shall set the price registration form and establish procedures for receiving and checking price registration forms. Ministries and sectors competent to receive and check price registration forms prescribed at Point a, Clause 2 of this Article shall notify the list of producers and traders registering prices at the central level. Provincial-level People’s Committees shall notify the list of producers and traders registering prices at the local level, excluding producers and traders on the list of price registration at the central level. The price registration for preventive and curative medicines for human use which are on the list of essential curative medicines specified at Point 1, Clause 1, Article 3 of this Decree, shall be made under the Ministry of Health’s guidance.

4. The duration of application of the price registration measure to valorize the price of each goods item must not exceed 6 months.

5. Price registration for other goods and services as required by specialized laws must comply with such laws.”

5. To amend and supplement Point d of Clause 2; Clause 3; Point c, Clause 4, of Article 7 as follows:

“2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with responsible ministries and sectors in, advising and proposing the Government to decide on, guide and organize the application of, the following price valorization measures:

d/ Registering prices; setting specific, maximum and minimum prices or price brackets for goods and services subject to price valorization, except goods and services prescribed at Points h and l, Clause 1, Article 3 of this Decree;”

“3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with responsible ministries and sectors in, advising and proposing the Government to decide, guide and organize the application of, the following price valorization measures:

a/ Regulating the supply and demand of domestically produced goods, and exports and imports; and of goods between regions and localities in the country through goods circulation; purchase or sale of reserve goods under its management in accordance with law;

b/ Controlling inventory; checking the available quantity and volume of goods under its management in accordance with law.”

“4. The Ministry of Health shall assume the prime responsibility for, and coordinate with responsible ministries and sectors in, advising and proposing the Government to decide, guide and organize the implementation of, the price valorization of preventive and curative medicines for human use on the list of essential medicines specified at Point 1, Clause 1, Article 3 of this Decree, with the following measures:

c/ Registering prices; setting specific, maximum and minimum prices or price brackets.”

6. To supplement the following Clause 3a to Article 7:

“3a. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with responsible ministries and sectors in, advising and proposing the Government to decide, guide and organize the application of, the following price valorization measures:

a/ Regulating the supply and demand of domestically produced goods, and exports and imports; and of goods between regions and localities in the country through goods circulation; purchase or sale of reserve goods under its management in accordance with  law;

b/ Controlling inventory; checking the available quantity and volume of goods under its management in accordance with current law;

c/ Registering prices; setting specific, maximum and minimum prices or price brackets for goods and services subject to price valorization mentioned at Point h, Clause 1, Article 3 of this Decree.”

7. To amend and supplement Article 8 as follows:

“Article 8. Pricing competence and duties

1. The Government and Prime Minister shall price goods and services under Clauses 1 and 2, Article 22 of the Law on Price, and other goods and services in accordance with relevant specialized laws.

2. Ministers shall price the following goods and services:

a/ The Minister of Finance shall set:

- Specific prices of inspection services for means of transport (including registration services for vehicles and equipment of transport and offshore oil and gas exploitation and transport works);

- Price brackets of clean water for daily life, animal and plant drug testing service,  animal vaccination and disinfection service and veterinary diagnosis;

- Maximum prices of public irrigation products and services; medical quarantine and preventive medicine services in public medical establishments;

- Maximum purchase prices and minimum sale prices of national reserve goods (except national reserve goods serving national defense and security); limits of warehousing and ex-warehousing expenses at national reserve warehouses and maximum ex-warehousing expenses outside the warehouses, and preservation expenses for national reserve goods;

- Maximum purchase prices of public products and services and public non-business services on the lists promulgated by competent authorities and funded with the central budget (except products and services subject to pricing by other ministries and sectors and by provincial-level People’s Committees) and produced or provided under orders placed or plans or tasks assigned by competent state agencies;

- Maximum purchase prices of goods and services produced or provided with central budget funds under orders placed or plans assigned by the Prime Minister;

- Minimum sale prices of cigarettes for domestic sale;

- Maximum or minimum rent rates of state assets being infrastructure facilities serving national or public interests;

- Price brackets, maximum prices or specific prices of securities services in accordance with the law on securities, including securities listing, trading, information provision, auction and bidding services; securities registration, depository, clearing and payment services; services related to securities trading activities, property supervision, representation of bond owners and clearing payment of securities trading money.

b/ The Minister of Industry and Trade shall set:

- Specific prices of power transmission and charge rates of auxiliary services for the power system;

- Brackets of power generation prices and wholesale prices;

- Minimum prices of technical inspection services for machinery, equipment, supplies and substances subject to strict safety requirements in industries.

c/ The Minister of Agriculture and Rural Development shall set:

- Specific prices of centrally managed public irrigation products and services;

- Price brackets of forests, including production forests, protection forests and special-use forests under the all-people ownership represented by the State.

d/ The Minister of Information and Communications shall prescribe prices of postal and telecommunications products and services, including public postal and telecommunications services in accordance with the laws on post and telecommunications.

dd/ The Minister of Health shall set:

- Prices of medical examination and treatment services in accordance with the laws on medical examination and treatment and health insurance;

- Specific prices of medical quarantine and preventive medicine services at public medical establishments covered by the state budget; medicine sample, medicine material and human medicine testing services covered by the state budget.

e/ The Minister of Transport shall set:

- Prices of public products and services funded with the central budget in the management and maintenance of the national railways, roads and inland waterways which are produced or provided under orders placed or plans assigned by the State;

- Specific prices of aviation services, including takeoff and landing service; air traffic control service; assistance service for flights; passenger service charges; and aviation security assurance prices and charge for the air traffic control service for Vietnam-managed flight information zones;

- Maximum prices for passage along national highways and expressways under commercial road construction projects; ferry services on centrally managed national highways funded with non-state budgets;

- Price brackets of ferry services on centrally managed state budget-funded national highways; use of centrally managed ports and terminals (including piers, wharves, mooring buoys and container unloading and towage service in seaport areas); use of centrally managed state budget-funded ports and terminals (including inland ports and wharves, fish wharves); pilotage services (except public pilotage services funded with the central budget and provided under orders placed or plans assigned by the State).

g/ The Minister of Labor, War Invalids and Social Affairs shall set minimum prices of technical inspection services for machinery, equipment, supplies and substances subject to strict occupational safety requirements;

h/ The Minister of National Defense shall set:

- Prices of public products and services for national defense produced or provided by the Ministry of National Defense’s enterprises and units under placed orders, assigned plans or as designated and paid with the state budget;

- Prices of national defense goods and services produced or provided under orders placed by the Ministry of National Defense under the Government’s plans and paid with the state budget; prices of national reserve goods for national defense.

i/ The Minister of Public Security shall set:

- Prices of goods and services for maintenance of political security and social order produced or provided by the Ministry of Public Security’s security enterprises under orders placed, plans assigned, or designated by the Ministry and paid with the state budget;

- Prices of national reserve goods for political security and social order.

k/ The Minister of Natural Resources and Environment shall set prices of public products and services, and public non-business services in the field of natural resources and environment under orders placed and plans assigned by the Ministry of Natural Resources and Environment and paid with the state budget under its management;

l/ Other ministers shall set specific prices of national reserve goods, public products and services and public non-business services, goods and services produced or provided under orders placed, plans or tasks assigned by competent state agencies, paid by the state budget within the scope of management by their respective ministries, which are subject to maximum purchase and minimum sale prices set by the Ministry of Finance; determine rent rates and hire-purchase prices of social houses, and official-duty houses built with the state budget; sale prices or rent rates of state-owned houses in accordance with the housing law; prices of other goods and services in accordance with specialized laws.

3. Provincial-level People’s Councils shall set prices under their management as prescribed by law for medical examination and treatment services at state-owned medical examination and treatment establishments (except medical examination and treatment services covered by health insurance in accordance with the law on health insurance) and send decisions on prices to the Ministry of Health and the Ministry of Finance for state management; and for public preschool and general education services (school fees).

4. Provincial-level People’s Committees shall set:

a/ Prices of land of all categories;

b/ Land and water surface rent rates;

c/ Prices of forests, including production forests, protection forests and special-use forests under the all-people ownership represented by the State;

d/ Rent rates or hire-purchase prices of social houses and official-duty houses built with the state budget; sale prices or rent rates of state-owned houses in accordance with the housing law;

dd/ Prices of clean water for daily life;

e/ Rent rates of state property being infrastructure facilities built with local budgets;

g/ Prices of public products and services, public non-business services and goods and services produced or provided under orders placed and plans assigned by localities and funded with local budgets in accordance with law;

h/ Specific prices of locally managed public irrigation products and services; service of topography and drawing of cadastral maps in case a competent state agency allocates or leases new land areas or permits change of land use purpose in areas with no coordinate-based cadastral maps; use of shop space in marketplaces, and vehicle-keeping service funded with the state budget;

i/ Maximum prices for passage along locally managed roads under commercial road building investment projects; locally managed ferry services funded with non-state budgets; use of shop space in marketplaces, and vehicle-keeping service funded with non-state budgets; household waste disposal service funded with the state budget; household waste collection and transportation service funded with the state budget;

k/ Price brackets for locally managed state budget-funded ferry services; use of locally managed ports and terminals (including piers, wharves, mooring buoys and container unloading and towage services in seaport areas); use of locally managed state budget-funded ports and terminals (including inland ports and wharves, fish wharves);

l/ Levels of price and freight subsidies for transportation of goods on the list of goods eligible for price and freight subsidies from central and local budgets; retail prices and price brackets of goods eligible for price and freight subsidies; freight rates and supply prices of essential goods and services on the list of goods eligible for price subsidies for people in mountainous, deep-lying and remote areas and on islands;

m/ Prices of other goods and services in accordance with specialized laws.

5. Heads of competent agencies and units shall set specific prices of goods and services subject to price brackets, maximum and minimum prices determined by the State in accordance with this Decree and relevant regulations.

6. Any change in the pricing competence prescribed in Clauses 2, 3, 4 and 5 of this Article shall be submitted by the Minister of Finance to the Government for consideration and decision.”

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

“1. Submission and appraisal of price options

c/ For goods and services falling under the pricing competence of ministries, the ministers shall regulate the submission and appraisal of their price options, and decision on their official prices after obtaining written opinions of the Ministry of Finance, and send the price decisions to the Ministry of Finance for monitoring and supervision. For goods and services whose price brackets, maximum prices or minimum prices are set by the Ministry of Finance, ministries shall decide on specific prices according to their competence and send the price decisions to the Ministry of Finance for monitoring and supervision.

For goods and services falling under the pricing competence of the Ministry of National Defense and the Ministry of Public Security, the Ministers of National Defense and Public Security shall regulate the submission and appraisal of their price options, and decision on their official prices, and send these price decisions to the Ministry of Finance for monitoring and supervision. For national reserve goods, the Ministers of National Defense and Public Security shall decide on the purchase and sale prices of national reserve goods serving national defense and security after reaching agreement on pricing principles with the Minister of Finance;

d/ For goods and services falling under the pricing competence of provincial-level People’s Committees, provincial-level People’s Committees shall regulate the submission and appraisal of their price options, and decision on their official prices. In case provincial-level line management departments or production or trading establishments submit price options to provincial-level People’s Committees for consideration and decision, written appraisal opinions of provincial-level Finance Departments are required. The appraisal of land price tables and options must comply with the land law.”

9. To amend and supplement Clause 1, Article 15 as follows:

“1. Goods and services subject to price declaration include:

a/ Goods and services on the list of goods and services subject to price valorization prescribed in Article 3 of this Decree pending the application of the price registration measure by the State;

b/ Cement and construction steel;

c/ Coal;

d/ Feed for cattle, poultry and aquatic animals; antidotes, disinfectants, germicides and curative medicines for cattle, poultry and aquatic animals as prescribed by the Ministry of Agriculture and Rural Development;

dd/ Printing and writing papers (in rolls), domestically produced newsprint;

e/ Seaport services;

g/ Aviation services outside the list of services with price frameworks set by the State;

h/ Railway passenger hardseat and softseat fares;

i/ Textbooks;

k/ Domestic air passenger transport services on the list of services with price frameworks set by the State;

l/ Medical examination and treatment services for humans at private medical examination and treatment establishments; on-demand medical examination and treatment at state-owned medical examination and treatment establishments;

m/ Fares for road passenger transportation along fixed routes; taxi fares;

n/ Dietary supplements for under-6 children as prescribed by the Ministry of Health;

o/ Non-denatured ethanol, liquefied natural gas and compressed natural gas;

p/ Railway traffic control service;

q/ Other goods and services as prescribed by specialized laws.”

10.  To amend and supplement Clauses 1, 2 and 4 of Article 16 as follows:

“1. Producers and traders of goods or services subject to price declaration shall make price declaration by sending notices of to-be-declared prices to competent state agencies before determining or adjusting prices. For declaration of price reduction, goods producers and traders and service providers can immediately reduce prices and concurrently send written declarations of reduced prices to competent state agencies. Cases of price declaration include:

a/ Producers and traders engaged only in wholesale shall declare wholesale prices;

b/ Producers and traders engaged in both wholesale and retail sale shall declare both wholesale and retail prices;

c/ Producers and traders that are importers and also sole distributors shall declare wholesale prices and projected retail prices (if any);

d/ Producers and traders being sole distributors shall declare wholesale prices and retail prices or projected retail prices; general agents that are authorized to decide and adjust prices shall declare wholesale prices and retail prices or projected retail prices; agents that are authorized to decide and adjust prices shall declare retail prices.”

“2. State agencies competent to receive written declarations of prices:

a/ At the central level:

- The Ministry of Finance shall receive written declarations of prices of goods and services prescribed at Points b, c, d, dd, e, h, i and o, Clause 1, Article 15 of this Decree;

- The Ministry of Industry and Trade shall receive written declarations of prices of goods and services prescribed at Point n, Clause 1, Article 15 of this Decree;

- The Ministry of Transport shall receive written declarations of prices of goods and services prescribed at Points g, k and p, Clause 1, Article 15 of this Decree;

- The Ministry of Health shall receive written declarations of prices of goods and services prescribed at Point 1, Clause 1, Article 15 of this Decree.

b/ At local level:

- Provincial-level Finance Departments shall receive written declarations of prices of goods and services prescribed at Points b, c, d, dd, e, h, i and o, Clause 1, Article 15 of this Decree;

- Provincial-level Industry and Trade Departments shall receive written declarations of prices of goods and services prescribed at Point n, Clause 1, Article 15 of this Decree;

- Provincial-level Transport Departments shall receive written declarations of prices of goods and services prescribed at Points g, k and m, Clause 1, Article 15 of this Decree;

- Provincial-level Health Departments shall receive written declarations of prices of goods and services prescribed at Point 1, Clause 1, Article 15 of this Decree;

- District-level People’s Committees assigned by provincial-level People’s Committees may receive written declarations of prices of goods and services prescribed at Points b, c, d, dd, e, g, h, i, k, l, m, n and o, Clause 1, Article 15 of this Decree in their localities. Provincial-level Finance Departments and other line management departments shall advise provincial-level People’s Committees on to-be-declared goods and services to be decentralized to district-level People’s Committees.

c/ For goods and services subject to price declaration prescribed at Point a, Clause 1, Article 15 of this Decree, agencies competent to receive and check price registration forms referred in Clause 2, Article 6 of this Decree shall receive written declarations of prices.”

“4. The Ministry of Finance shall set price declaration forms and guide procedures for receiving written declarations of prices. Ministries and sectors competent to receive written declarations of prices referred at Point a, Clause 2 of this Article shall notify producers and traders of the obligation to declare prices at the central level; provincial-level People’s Committees shall notify producers and traders of the obligation to declare prices at the local level, excluding those on the list of producers and traders subject to price declaration at the central level. For medical examination and treatment services for humans at private medical examination and treatment establishments; on-demand medical examination and treatment at state-owned medical examination and treatment establishments, the price declaration shall be made under the guidance of the Ministry of Health.”

11. To amend and supplement Section 2, Chapter IV as follows:

“Section 2

THE NATIONAL PRICE DATABASE

Article 24. Agency responsible for establishing the national price database

The state management agencies in charge of price at the central level, including the Ministry of Finance and related line ministries, and at the local level, including provincial-level Finance Departments, shall develop price databases to serve the state management of prices in their sectors or localities.

The Ministry of Finance shall build a national price database center. The national price database center is the focal point to connect price databases of ministries, sectors and localities; and provide price information to serve state management work and at the request of organizations and individuals in accordance with law.

Article 25. Contents, information sources, responsibilities and funds for establishment of the national price database

1. The national price database includes:

a/ Prices of goods and services subject to pricing by the State;

b/ Prices of goods and services on the list of those subject to price registration or declaration;

c/ Market prices of goods and services on the list of those subject to market price reporting under the Ministry of Finance’s regulations;

d/ Market prices of other essential goods and services to serve the forecast and state management of prices;

dd/ Information on price appraisal: price appraisal enterprises, price appraisers, price appraiser tests and management of the grant of price appraiser cards, information on property prices appraised in accordance with the law on price and price appraisal;

e/ Documents on state management of prices and summarized reports;

g/ Other information to serve price management in accordance with law.

2. Information sources for the establishment of the national price database include:

a/ Information surveyed and collected by state management agencies in charge of price, and provided by state management agencies;

b/ Information purchased by state management agencies in charge of price from units and individuals;

c/ Information provided by producers and traders under Clause 7, Article 12 of the Law on Price and upon request to serve the state management of prices.

3. Responsibilities of ministries, sectors and localities to establish and manage the national price database

a/ The Ministry of Finance shall:

- Develop, use and manage the national price database to ensure the consistency and connection with price databases of sectors, localities and organizations and individuals;

- Guide the collection, update and provision of price information and price appraisal for establishing the national price database to meet the state management requirements and requests of organizations and individuals in accordance with law; keep confidential information in the national price database in accordance with law;

- Coordinate with related ministries, sectors, localities and units in connecting, sharing and providing the national price database information;

- Provide specific guidance on building, using and managing the national price database.

b/ Line ministries shall:

- Develop, use and manage price databases in the sectors or fields under their management;

- Coordinate with the Ministry of Finance in connecting, sharing and providing price database information under their management to the national price database.

c/ Provincial-level People’s Committees shall direct provincial-level Finance Departments in assuming the prime responsibility for, and coordinate with related provincial-level departments, sectors, organizations and individuals in, developing, using and managing local price databases; coordinate with the managing unit of the national price database in connecting and sharing information between local price databases and the national price database.

4. Funds for establishing and managing the national price database

a/ The establishment, maintenance, upgrade and management of the national price database at the Ministry of Finance and price databases at line ministries and provincial-level Finance Departments shall be funded with the state budget and other lawful funds in accordance with law;

b/ Annually, agencies establishing price databases and the national price database referred in Article 24 of this Decree shall formulate budget estimates for developing price databases and submit them to competent authorities for approval in accordance with the Law on State Budget. The fund shall be incorporated in the annual budget estimates of these agencies in accordance with law.

5. The Ministry of Finance shall detail the national price database.”

Article 2. Effect

1. This Decree takes effect on January 1, 2017.

2. To annul Clause 3, Article 3; and Point e, Clause 2, Article 7, of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price.

Article 3. Responsibility to implement, and organize the implementation of, the Decree

1. The Ministry of Finance shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.

3. Ministries and provincial-level People’s Committees specified in Clause 7, Article 1 of this Decree shall guide the making and submission of price options for services with their charges changed into prices set by the State prescribed in Article 24 of the Law on Charges and Fees under their pricing competence, and the submission and appraisal of price options referred in Clause 1, Article 9 of Decree No. 177/2013/ND-CP and Clause 8, Article 1 of this Decree; and ensure the enforcement of price regulations from January 1, 2017.

The Minister of Transport shall prescribe price exemption and reduction cases (if any) applicable from January 1, 2017, for passage along roads under commercial road construction projects and for ferry services.

4.  For arising issues related to the competence to set prices and forms of pricing for products and services with their charges changed into prices set by the State in accordance with the Law on Charges and Fees which are not regulated in this Decree, the Ministry of Finance shall assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, advising and making proposals to the Government for consideration and decision.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

 

 

[1] Công Báo Nos 1201-1202 (24/11/2016)

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Decree 149/2016/NĐ-CP DOC (Word)

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Decree 149/2016/NĐ-CP DOC (Word)

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