The Decree 164/2003/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Ordinance On Price

Original Language Title: Nghị định 170/2003/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Giá

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The DECREE detailing implementation of some articles of the Ordinance on GOVERNMENT price pursuant to the law on organization of the Government of 25 December 2001;
The base price of Ordinance No. 40/2002/PL-UBTVQH10 on April 26, 2002;
According to the recommendation of the Minister of finance DECREE, article 1. Scope of this Decree stipulates the list of goods and services made price stabilization; category of assets, goods and services by the State appraiser; Trade Association; valuation; exclusive price control; competence evaluation and management reviews.
Article 2. The list of goods and services made stabilize price 1. Catalogue goods made according to article 6 price stabilization Ordinance Reviews include: gasoline, oil, gas, cement, iron and steel, fertilizer, rice, rice, coffee, cotton fiber, cotton, sugar cane and grain crops, raw materials, salt; some medications, cure for the services according to the provisions of the law.
2. adjust the Prime category of goods or services made price stabilization as defined in paragraph 1 of this article according to each period and when the market price has extraordinary upheaval.
Article 3. The Authority decided and announced to apply the measures stabilized the price of 1. The Prime Minister and announced the decision to apply measures to stabilize prices for goods and services in the categories make price stabilization in case the market price has extraordinary fluctuations occur in the country or in each region, the area where the price of the goods, the service changes will affect the socio-economic development of the country. These measures are: a) to adjust supply and demand in the domestic production of goods and the goods exported, imported; the goods between regions, localities in the country;
b) to buy the goods sold to the national reserve;
c) control inventory goods when there are signs of speculation;
d) using financial instruments, currencies when necessary.
2. The Minister of Finance announced the decision and adopt measures to stabilize the prices in case the market price has extraordinary fluctuations occur in the country or in each region, the area for goods and services in the categories make the price stabilization that prices of goods This service, fluctuations will affect the socio-economic development of the country or in each region, the area. These measures are: a) maximum price regulations, the minimum price, the frame rates;
b) control the formation factor reviews when there are signs exclusive links on price or price raise speculation.
3. the people's committees, the central cities (hereafter referred to as the provincial people's Committee) and announced the decision to apply measures to stabilize the prices in case the market price fluctuations occur at local irregularities with respect to the price of goods and services in the categories make the price stabilization that prices of goods This service, fluctuations will affect the socio-economic development at the local level. These measures are: a) adjust the supply and demand of goods guaranteed production, local consumption;
b) apply fiscal measures, currencies when necessary to stabilize the prices of goods and services under the authority for management and use of local budget.
4. where goods, specific services that the Prime Minister, the Ministry of Finance has decided and announced to apply measures to stabilize prices, the provincial people's Committee to implement the measures.
Article 4. The deadline to apply measures to stabilize the price of 1. The deadline to apply measures to stabilize the price due to the Prime Minister, the Minister of finance, the provincial people's Committee decision and declared enforceable only in times of market price has extraordinary upheaval.
2. When the market price situation back to normal, the Agency has the authority to decide and announce the price stabilization measures announced the termination of the application deadline that price stabilization measures.
Article 5. The procedure of the Authority decided to adopt measures to stabilize the price of 1. The Finance Ministry and the Prime Minister decided and announced the enforcement of measures to stabilize the prices in case the market price has extraordinary fluctuations occur in the country or in the region, the area.
2. the price management Department Minister of finance decision and announce the implementation of price stabilization measures under the authority of the Ministry of finance in case the market price has extraordinary fluctuations occur in the country or in the region, the area.
3. Department of finance the provincial people's Committee decision and announce the implementation of measures to stabilize the prices in case the market price has extraordinary fluctuations occur locally.
4. content submission to the Prime Minister, the Minister of finance, the provincial people's Committee decided to price stabilization measures including: a) the situation and cause fluctuations in the market price of the goods and services in the categories make price stabilization;
b) measures to stabilize the prices of goods and services and duration of application of the measures to stabilize prices;
c) conditions to implement measures to stabilize prices;
d) responsibilities of agencies, organizations implement measures to stabilize prices.
Article 6. Responsible for implementation of the decision on measures to stabilize the price of competent authorities 1. The Ministry of finance is responsible for guiding the Organization made the decision of the Prime Minister of adopting measures to stabilize prices.
2. The Ministry of industry managers, the field and the provincial people's Committee has the responsibility to implement price stabilization measures have been stipulated in the Prime Minister's decision and the decision of the Minister of finance.
3. The Department of finance is responsible for guiding the Organization made the decision of the provincial people's Committee on the application of measures to stabilize prices; the Department of industry managers, the field and the people's committees, districts, towns and cities in the province, is responsible for implementation of the measures to stabilize the price of the provincial people's Committee.
4. organizations, individual business the production of goods and services in the categories make price stabilization is responsible for implementing measures to stabilize the prices concerned have been specified in the decision of the Prime Minister, the Minister of finance, the provincial people's Committee.
Article 7. The property, goods, services by the State valuation of 1. The property, goods, services state the valuation according to paragraph 1 article 7 Ordinance Reviews include: a) the land under the provisions of the law of the land;
b) water, important resource in accordance with the law;
c) State property was sold, not rental through bidding, auction form: State-owned House for rent or sale;
National reserve goods;
State assets are works of infrastructure that serves the national interests, public interests;
 Goods and services are produced according to the order of the State.
d) goods, services the State exclusively: electricity;
Passenger transportation services by air routes in the country;
Postal and telecommunications services: regular mail in water has a mass of up to 20 grams, the phone subscription and contact at the local telephone subscribers, local and long distance telephone; International Telecommunication Union hired the local postal services and telecommunications, by the Prime Minister of the Government according to the Ordinance, telecommunications.
DD) goods, services are important to the population: design of petrol as defined by the Prime Minister;
Clean water for living;
Passenger transport by bus in the city, town industrial area;
A number of essential medicines and healing for people;
The goods are price, shipping charges;
The people newspaper, organ of the Communist Party of Vietnam province, central cities.

2. where the need to adjust the listing of assets, goods and services by the State valuation specified in clause 1 of this article, the Finance Ministry and the Prime Minister's decision.
Article 8. Competent valuation of 1. The authority property valuation, goods, services pricing by the State shall be as follows: a) the Government decision: framing the land;
The rental price water frame;
Standard price or price bracket in the State-owned home for sale, for rent;
b) Prime Minister's decision: selling price or lease price for the assets of the State's infrastructure works serve national interests, not the public interest through forms of tenders, auctions;
Home prices in the State-owned lease or sell the objects of resettlement, policy objects;
The standard selling price of electricity;
The tariffs or frame-rate mail shipping service is usually in the water has a mass of 20 grams; the tariffs or frame-rate subscriber telephone and local telephone communications at the Subscriber;
Price quote.
c) Minister of finance decision: selling price or lease price for the assets of the State's infrastructure works serve national interests, not the public interest through the form of bidding, the auction according to the authorization of the Prime Minister;
The price of the goods to the national reserve and the goods or services produced by order of the State without going through the form of bidding, auctions;
Shipping rates using the standard route aircraft in the water;
The price of petrol as defined by the Prime Minister;
Clean water price for living frame;
Based on the Government's land price framework to guide provincial people's Committee decided to price the kind of land;
The base price for the Government's water rental to guide provincial people's Committee decided the rental price of the water;
Retail price bracket a number of essential medicines and healing for people.
d) Minister of industry standard selling price based on the power of the Prime Minister to decide the selling price of electricity for specific consumer object in the national network;
DD) Minister of post and telecommunications decision: long distance telephone rates in the country; the frame-rate international telecommunications channels, rental, contact the local provincial Cabinet; framing the postal service, the postal Ministry led by Telecom, telecom regulatory regulation of the Prime Minister.
e) provincial people's Committee decision: shipping rates of passengers by bus in the city, town industrial area;
The selling price of the Communist party agency Vietnam province, central cities;
Based on the standard price or price bracket of the Government, the Prime Minister, the Ministry and the Finance Ministry's instruction, the Ministry decided to price the assets, goods, and services, the following apply in local: + Reviews the types of soil;
+ The water rental Rates;
+ Sale price or prices for rented housing owned by the State for resettlement of objects, the object of policy; the selling price or lease State-owned House to work or use other purposes;
+ Selling price of electricity for the local power management isn't in the national electricity network;
+ The level of subsidies, without transportation goods list are subsidies, without transportation spending from the Central and local budgets; the price or retail price frame the goods be subsidies, without transportation;
+ Clean water Price for living;
+ The price of goods and services produced by order of the local budget in the State without going through the form of bidding, auctions;
2. in case of change of valuation authority prescribed in paragraph 1 of this article, the Finance Ministry and the Prime Minister to review the decision.
Article 9. Adjust price levels by the State valuation of 1. When the elements form the domestic price and the world price fluctuations have affected production, the life, the competent State agencies of valuation specified in article 8 of this decree must promptly adjust the price. The absence of price adjustment shall apply the measures in finance, monetary and other necessary measures to secure the Organization, individual manufacturing, business activity was normal and ensure the legitimate interests of consumers.
2. organizations and individuals have the right to petition the competent State agencies identified in article 8 of this Decree to adjust the price in accordance with the law. The Organization, personal business, the production of goods and services by the State appraiser when petitioning the competent State agencies regulate the price they must clearly state the reason and basis determined the price adjustment proposal.
3. At the latest 15 days (working days) from the date of receiving the recommendations of the Organization, the individual, the State Agency has the authority to review pricing, adjusting the price within the time limit specified in article 10 of this Decree; the case does not accept price adjustment recommendations must then answer for organizations, individuals in writing.
Article 10. The order, the time limit for deciding price 1. Process, evaluation and comments about the content of the option price a) property price approach, goods, services in the jurisdiction to decide the price of the Government, the Prime Minister due to the Ministry of industry, the sector management, after the opinion of the Ministry concerned and the valuation opinion written by the Ministry of finance.
b) property price approach, goods, services in the jurisdiction to decide the price of the Minister of finance by the Minister of finance decides on the basis of the opinion of the Ministry of industry, management related areas.
c) asset price approach, goods, services in the jurisdiction to decide the price of the Secretary of the Ministry by the Minister regulates the procedure of submission, appraisal and decision reviews.
d) property price approach, goods, services in the jurisdiction to decide the price of the provincial people's Committee by the Department of industry, the sector management, after the opinion of the relevant agency opinion and evaluation by the Department of finance.
2. The time limit for the evaluation methodology and the time limit for deciding price a) Agency, the competent units of the evaluation methodology specified in paragraph 1 of this article must have the written evaluation comments on the content of the option price of 7 days (working days) from the date of receiving the application option price pursuant to the Ministry of finance.
b) since the date of the option price was of the opinion of the relevant body text and the evaluation of the competent authority, the time limit for deciding price (calculated by working day) of the levels are defined as follows:-for the Prime Minister, must not exceed 15 days;
-For ministries, ministerial-level agencies, provincial people's Committee, must not exceed 10 days.
c) where it is necessary to extend the time evaluation plans reviews, decided to price the Agency, the competent unit evaluation scheme and the competent authorities decide to inform, in writing and stating the reason for the Agency to assess price know; prolonged period of not exceeding 15 days.
3. The provisions of the financial regulation to calculate; variant records reviews and content options.
Article 11. Consultative Organization conditions the price of the Ministry of finance, Department of finance Consultative Organization reviews when the two following conditions: 1. The proposal of one of the two parties buy, sell when the parties do not settle the purchase price, the sale price to sign a contract or upon the request of the Prime Minister , Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee.

2. Should goods, important services have exclusive properties to buy, not sell proprietary valuation in article 7 of this Decree. Goods, important services have exclusive properties to buy, sell exclusive is an exclusive service, goods are produced in the production conditions, the particular business which ties in buy, sell the interdependent parties cannot be replaced, there is no competition on the market.
Article 12. Consultative Organization agency reviews 1. The Ministry of finance Consultative Organization reviews at the request of the Prime Minister, Ministers, heads of ministerial agencies, heads of government agencies or as proposed by the buyer, the seller or the buyer, either sell the goods and services have important impact on socio-economic development of many of the industry , of the country.
2. Department of finance Consultative Organization reviews at the request of the Chairman of the provincial people's Committee or as proposed by the buyer, seller or a buyer, the sale by either party that both sides had purchases in local business, the goods or services have a significant impact on the socio-economic development at the local level.
3. The Ministry of finance regulations consultative procedures and records reviews.
Article 13. Consultative results reviews 1. Consultative results follow prices prescribed in article 12 Ordinance Reviews.
2. Decide the price temporarily in consultative reviews as defined in item 2 article 12 Ordinance Reviews effect the enforcement of a maximum of 6 months. During the implementation of the temporary price decision the parties continued to exchange deals purchase price, sale price, this expiry if the buyer, the seller not agreed upon was the purchase price, sales price and have suggested the Ministry of finance or the Department of finance will held consultative reviews under article 12 of this Decree.
Article 14. Vietnam valuation criteria 1. Valuation activity of the enterprise on the territory of Vietnam to Vietnam valuation standards and the standards of the international valuation guidelines state Vietnam admitted.
2. The Ministry of Finance issued Vietnam valuation standards.
Article 15. The State's property valuation to 1. The State's property valuation must include: a) the property was purchased by the whole or in part from State budget sources;
b) State property for rent, transfer, sale, capital contribution and other transfer form;
c) assets of State-owned enterprises for sale, transfer, lease, capital contribution, stock, and other conversion forms;
d) other property of the State under the provisions of the law are valuation.
2. The property of the State in paragraph 1 of this article has value here is valuation: a) the single value from the 100 million or more or buy once the same property type in bulk in total value from 100 million or more for the property was purchased by the whole or in part from State budget sources;
b) worth from 500 million to come up with the State's property for rent, transfer, sale, capital contribution and other transfer form;
c) worth from 500 million to come up with respect to the assets of State-owned enterprises for sale, transfer, lease, raising capital, capitalization, and other conversion forms;
d) worth from 500 million to come up with the other property of the State.
3. Organs, organizations, enterprises, units use State budget shopping source property specified in clause 1 of this article (sources state budget stores state assets to valuation include: basic construction investment of capital, career, credit capital investment and development of the State , credit loan guarantee by the State and other sources in the capital budget) if not through bidding and through the Council determine the price they must perform due diligence reviews.
4. The assets of the State must valuation provisions in article 13 Ordinance Reviews have through tender or via the Council determined the price to be established under the provisions of the law are not necessarily valuation; the valuation of the assets formed from other capital source implementation as required by the State agencies, institutions, individual valuation needs.
Article 16. Established business valuation 1. Business valuation to be held in the form of State-owned enterprises, companies or companies with foreign capital.
2. Business valuation was established when there from three appraiser about upward price for partnerships, all partnerships must be a member appraiser price and have the technical infrastructure warrants for valuation activities.
3. The procedures established in the business valuation made according to the regulations of the State Enterprise Law, business law, law on foreign investment in Vietnam.
Article 17. The appraiser standards 1. People recognized appraiser price should have enough of the following criteria: a) Is the population of Vietnam;
b) have graduated from the University in the country or abroad on business related majors valuation;
c) have passed professional training specialist valuation due to a University, college or professional training function valuation levels. Who have graduated from the University in the country or abroad on specialized valuation does not need to have a trained certification specialist business valuation;
d) Have continuous working time from 3 years upwards according to the specialization are trained in State agencies, political organizations, social-political organizations, businesses and other organizations.
2. The person who has enough of the conditions specified in article 16 of Ordinance on Price and the specific provisions in this article without the money, the money shall be the Minister of finance review of appraiser card level.
3. The Ministry of Finance issued the regulation, use and management of staff appraisal.
Article 18. Rights and obligations of the business valuation of 1. Rights and obligations of the business valuation made according to the Ordinance of 18 Reviews.
2. The compensation of damage caused by the incorrect valuation caused is made as agreed in the contract between the appraisal business with agencies, organizations, individuals in need valuation or as specified by law.
Article 19. The responsibilities of the Agency, held when using the valuation results to the Agency, the organization uses results valuation of assets defined in article 13 Ordinances to be responsible before the law about their decision when the sale, transfer, lease, capitalization, raising capital and other forms of transfer of the property of the State.
Article 20. Exclusive links of reviews 1. Exclusive links of reviews is the agreement between the organizations, individual business fixing a price to dominate the market in excess of the market under the provisions of the law, causing damage to the legitimate interests of the Organization, individual manufacturing, other business, the consumers and the interests of the State.
2. organizations and individuals who have one or more of the following acts shall be considered identified is the exclusive affiliate of reviews: a) the agreement between the institutions, the fixed price, personal control, change the price of goods and services in order to restrict competition, violate the legal interests of the Organization personal, business, or manufacturing of the consumer;
b) at a time, some organizations and individuals who have sudden phenomena along a uniform sale price with a goods, services (the same or similar);
c) agreement between the organizations, individuals create scarcity of goods by limiting production, distribution, transportation, sale of goods, provision of services; destruction, damaging the goods; taking advantage of the increasing price speculation;

d) agreement between organizations and individuals implement the conditions of sale, purchase, supply after sales service affect the price of goods and services;
DD) the agreement between the Organization and individuals change the purchase price, the sale price of the goods, to services or to force other businesses linked to themselves or become its branch.
Article 21. The investigation, control, handling of price monopoly and exclusive links of reviews 1. Exclusive price investigations and exclusive link about the price: a) when prices of goods and services of extraordinary upheaval have signs due to the monopoly or exclusive link to cause, in case of need, the Agency has the authority to manage state on the price is right to investigate the cost of producing , the circulation, the price of goods and services of the Organization, the business personal goods, exclusive services and exclusive link about the price;
b) Ministry of finance, Department of Finance investigation exclusively control and exclusive link about price when: have single organization's accusations represent the manufacturing industry or consumers;
Signs exclusive crash and links benefit exclusively about price when State authorities discovered.
2. The content of the investigation.
Investigation of the cost of production, circulation, the price of goods and services of the Organization, the business personal goods, exclusive services and associated exclusively on price.
3. the investigation procedures are conducted as follows: a) the decision to investigate and submit to the Organization, individuals have exclusive behavior and exclusive link about the price;
b) Have written request of individual institutions, provide the following documents: prices of goods, services and prices of goods and services;
Goods flow situation (inventory early in the first quarter, the beginning of the month,; import and export in the year, in the quarter, in October last year, inventories; last quarter, last month) and provision of services;
Financial reporting year;
Other documents related to the content of the investigation.
4. The time limit for the investigation: a) once the investigation period a maximum of 30 days from the date of the decision of the investigation. Case it is necessary to extend the investigation period, the Ministry of finance or the Department of finance must inform, in writing and stating the reason to prolong for the Organization, the individual concerned; the time limit for the investigation lasted no more than 15 days from the date of first survey ends;
b) within a period of a maximum of 10 days (working days) from the date of the end of the investigation, the Ministry of finance or the Department of finance is responsible for issuing and send written notice of the investigation conclusion to organizations, individuals and agencies involved.
5. the results of the investigation bases, the Ministry of finance or the Department of finance handling according to authority and depending on the extent infringement can handle in one of the following forms: a) suspend the implementation of the price of goods and services provided by organizations and individuals, exclusive, exclusive links on price decisions;
b) requires individual organizations exclusively linked exclusively to buy, sell in the correct purchase price, sale price before the link exclusively about price;
c) sanctioning of administrative violations, compensation for victims in accordance with the law;
d) cases of violations of the crimes marks the Ministry of finance or the Department of finance will transfer records for competent authorities handled under the provisions of the law.
Article 22. The liability of the Organization, individual manufacturing, the required receipt business control exclusive price 1. Organization, production, personal business when it received the request control exclusively and exclusive links of reviews are responsible for providing accurate, timely, complete, relevant documents as prescribed in article 21 of this Decree for the Ministry of finance or the Department of finance when it received the request to investigate.
2. The time limit for providing reports is 7 days (working days) from the date the request was received by the Ministry of finance or the Department of finance.
Article 23. The authority of governance of the Ministry of finance 1. The Government's policies and measures on price.
2. Issued or the competent State agencies issued legal documents about the price.
3. Organization direction guide policy, the measures on prices and the decision to price the assets, goods, services of the Government, the Prime Minister.
4. The decision to price the assets, goods, services in the category of State authority according to the valuation provisions in article 8 of this Decree.
5. Perform functional specialist Inspector reviews: testing, inspection organizations, personal observance of the provisions of the law on prices and the other provisions of the law related to the governance of the price according to the authority.
6. The organization performing the State management of content reviews the provisions in clause 4, clause 5, clause 6, clause 7, clause 8 article 31 Ordinance Reviews and other content in the field of price according to the mission, the authority assigned to it.
Article 24. The authority of governance of the ministries, ministerial agencies 1. The Government's policies and measures on the prices of goods and services in the field of management of ministries, ministerial agencies.
2. The promulgation of the legal text of the price according to the authority.
3. Organization of directing policy and price measures, decided the price of property, goods, services of the Government, the Prime Minister, the Ministry of finance in the field of the management of the Ministry, ministerial-level agencies.
4. The decision to price the assets, goods, services in the category of State authority according to the valuation provisions in article 8 of this Decree.
5. test, inspection organizations, personal observance of the provisions of the law on prices and the other provisions of the law related to state management on prices in the industry.
Article 25. The authority of governance of the provincial people's Committee 1. Issued legal documents about the price according to the authority.
2. Organization of directing policy and price measures, decided the price of property, goods, services of the Government, the Prime Minister, the Ministry of finance and other ministries, ministerial agencies.
3. The decision to price the assets, goods and services by the State valuation according to the jurisdiction rules in article 8 of this Decree.
4. test, inspection organizations, individuals active in the province, the city of observance of the provisions of the law on prices and the other provisions of the law related to the governance of local prices; processed in violation of law by the authority.
Article 26. Effect 1. The Decree has effect after 15 days from the date The report.
2. Annuls decision No 137/dated 27 April 1992 of the Council of Ministers on management reviews. The previous provisions contrary to this Decree are repealed.
Article 27. Responsible for enforcing Decree 1. The Ministry of finance is responsible for the Organization and guide the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

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