From July 10, 2024 regulations on the development of price plans for goods and services subject to two levels of pricing.
From July 10, 2024, how are the regulations for establishing price plans for goods and services priced by both levels?
Based on Clause 2 Article 9 Decree 85/2024/ND-CP regulating the establishment of price plans for goods and services priced by both levels as follows:
(1) For goods and services using the state budget implemented by the method of ordering and under the ordering authority of central agencies and organizations: The organizations producing, trading, and supplying the ordered goods and services shall establish the price plan;
(2) For national reserves purchased by the method of direct appointment of contractors (excluding national reserves in the fields of defense and security): The organizations and individuals receiving the request dossier as per the provisions of the law on bidding shall establish the price plan.
For national reserves purchased by the method of direct purchase accessible to all entities: The regional national reserve department establishes the price plan;
(3) For national reserves sold by the method of direct sale or extensive direct sale to all entities (excluding national reserves in the fields of defense and security): The national reserve unit or the unit directly assigned to manage the national reserves or the organization assigned to sell the national reserves establishes the price plan.
In cases where the national reserves are managed by the Ministry of Finance, the regional national reserve department establishes the price plan;
(4) For other goods and services priced by both levels, apart from the goods and services specified in points a, b, and c Clause 2 Article 9 Decree 85/2024/ND-CP: the competent authority to price specifically organizes the selection, requests the relevant agencies, units, organizations, and individuals trading in the goods and services to establish a price plan.
The selection of organizations and individuals trading in goods and services shall be carried out according to the provisions of Clause 3 Article 9 Decree 85/2024/ND-CP.
From July 10, 2024, how are the regulations for establishing price plans for goods and services priced by both levels? (Image from the Internet)
Principles for selecting organizations and individuals trading in goods and services priced by both levels?
According to Clause 3 Article 9 Decree 85/2024/ND-CP, the principles for selecting organizations and individuals trading in goods and services priced by both levels apart from the goods and services specified in points a, b, and c Clause 2 Article 9 Decree 85/2024/ND-CP are as follows:
- The selection must be consistent with the basis and principles for pricing goods and services under the Law on Prices 2023, the nature of the goods and services, the pricing objectives, and the pricing forms of the goods and services;
- For cases where the competent pricing authority sets a common price for all trading organizations and individuals, if there are 03 or fewer trading organizations and individuals, all are required to establish a price plan.
If there are more than 03 trading organizations and individuals, the number selected shall be appropriate to the actual market situation based on criteria of revenue, market share, and other specific criteria of the sector, with a minimum selection of 03 or more organizations and individuals;
In cases where the competent pricing authority sets a price for each trading organization and individual, each organization and individual trading in the goods and services must establish a price plan.
- If the provincial People's Committee sets the price, the selection shall be among trading organizations and individuals within the province; if the Prime Minister of the Government of Vietnam or ministries, equivalent agencies set the price, the selection shall be among trading organizations and individuals nationwide;
- The authority organizing the selection must ensure objectivity, transparency, and be responsible for its selection decisions;
- Other trading organizations and individuals have the right to establish a price plan and send it to the competent pricing authority for consideration and use in setting the price.
What is the time limit for organizations and individuals to establish a price plan?
According to Clause 5 Article 9 Decree 85/2024/ND-CP, the time limit for establishing a price plan is stipulated as follows:
Establishing price plans for goods and services
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5. Organizations and individuals are responsible for establishing a price plan and sending it to the agency and unit assigned to appraise the price plan no later than 30 days from the date of receiving the written request as per the postal stamp. In complex cases, organizations and individuals can send a written proposal to extend the time for establishing the price plan (with specific reasons and explanations) to the relevant state authority; the extension period shall not exceed 15 days.
Organizations and individuals must provide a detailed explanation of the price plan if requested by the relevant state authority, clarifying certain content in the price plan and the accompanying documents and dossiers.
Thus, the time limit for organizations and individuals to establish a price plan is a maximum of 30 days from the date of receiving the written request as per the postal stamp.
Note: In complex cases, organizations and individuals can send a written proposal to extend the time for establishing the price plan for a period not exceeding 15 days.
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