Official Dispatch 4923/BYT-ATTP 2024 declaration of prices of milk and functional foods for under-6 children

To implement the declaration of prices of milk and functional foods for under-6 children in accordance with the 2023 Law on Price and the Government’s Decree No. 85/2024/ND-CP dated October 10, 2024, detailing a number of articles of the 2023 Law on Price (hereinafter referred to as Decree No. 85/2024/ND-CP). Based on the Vietnam Food Administration's opinions (given in Report No. 198/ATTP-SP dated August 9, 2024), the Legal Affairs Department's opinions (given in Official Dispatch No. 1554/PC dated August 19, 2024); the Ministry of Health notified as follows:

1. Regulations on price declaration and application of price declaration in accordance with the 2023 Law on Price:

1.1. Clause 14, Article 4 of the 2023 Law on Price prescribes that: “Price declaration means sending by organizations trading in goods or providing services in cases subject to price declaration specified in Clause 2, Article 28 of this Law of price notices to competent state agencies after carrying out the pricing or price adjustment to serve the summarization, analysis and forecasting of market prices”.

1.2. Clause 1, Article of the 2023 Law on Price regulates that: “Declared price means the price of a goods or service decided by the organization trading in such goods or providing such service and notified to the agency competent to receive the price declaration form” and the Price declaration form provided in Appendix VI to Decree No. 85/2024/ND-CP notes that “Declared price means the price stated on the invoice with discounts (if any) and value-added tax (if any) of the goods or service.”

1.3. Article 74 of the Law on Price and Clause 1, Article 3 of the 2023 Law on Price prescribe that: “This Law takes effect on July 1, 2024, except the cases specified in Clause 2 of this Article”, and “In case the Law on Price contains provisions on price different from those of other laws promulgated before the effective date of the Law on Price, such provisions of the Law on Price will prevail”.

1.4. The 2010 Law on Food Safety does not contain provisions on the declaration of prices of milk and functional foods for under-6 children.

Therefore, from July 1, 2024, the declaration of prices of milk and functional foods for under-6 children shall comply with the 2023 Law on Price and Decree No. 85/2024/ND-CP.

2. Implementation of regulations on price declaration in accordance with the 2023 Law on Price and Decree No. 85/2024/ND-CP:

2.1. Regarding agencies receiving price declaration forms:

- According to provisions in No. 3, Section A I and No. 14, Section A IV of Appendix V to Decree No. 85/2024/ND-CP: “Provincial-level People’s Committees shall receive price declaration forms of milk and functional foods for under-6 children.”

- Therefore, provincial-level People’s Committees shall receive price declaration forms of milk and functional foods for under-6 children sent by facilities trading in milk and functional foods for under-6 children that are located in their provinces and cities.

2.2. Regarding price declarants:

- Clause 4, Article 28 of the 2023 Law on Price prescribes that: “Price declarants are organizations trading in goods or providing services that have made their business registration in accordance with the law on enterprises, have the right to decide on prices, and are on the list of organizations subject to price declaration promulgated by agencies competent to receive price declaration forms under Clause 5 of this Article.”

- Pursuant to provisions of Point a, Clause 2, Article 16 of Decree No. 85/2024/ND-CP, provincial-level People’s Committees shall assign an affiliated specialized agency or unit to assume the prime responsibility for, and coordinate with relevant agencies and units in, conducting a comprehensive review to advise on the issuance of the Lists of organizations subject to price declaration under their competence (Lists of organizations subject to price declaration).

Therefore, facilities trading in milk and functional foods located in provinces and cities that are on the Lists of organizations subject to price declaration promulgated by such provincial-level People’s Committees must make price declaration forms as prescribed.

2.3. Regarding the List of milk and functional foods for under-6 children subject to price declaration:

- To implement the Ministry of Health’s Circular No. 22/2018/TT-BYT dated September 12, 2018, prescribing the list of functional foods for under-6 children which are subject to price declaration, and Circular No. 30/2013/TT-BYT dated October 4, 2013, promulgating the list of milk products for children under 6 years old, which pertain to goods subject to price stabilization, The Vietnam Food Administration has announced the List of milk and functional foods for under-6 children on its website (https://vfa.gov.vn/tin-tuc).

- To update the list of milk and functional foods for under-6 children subject to price declaration under the 2023 Law on Price and Decree No. 85/2024/ND-CP; the Ministry of Health is formulating a Circular promulgating the list of milk and functional foods for under-6 children subject to price declaration. When the Circular takes effect, units shall declare prices for milk and functional foods for under-6 children included in the list issued with this Circular.

The Ministry of Health hereby informs Units for proper implementation according to regulations./.