Goods and services subject to price declaration in Vietnam

Regarding this issue, LawNet would like to answer as follows:

1. What is price declaration?

According to Clause 9 Article 4 of the Law on Price 2012, price declaration means sending price notice of goods or services to competent State agencies by production or business organizations and individuals as determining prices, adjusting prices for goods or services be subjects to declare the price.

Goods and services subject to price declaration in Vietnam (Internet image)

2. Goods and services subject to price declaration in Vietnam

Pursuant to Clause 1, Article 15 of Decree 177/2013/ND-CP (amended by Decree 149/2016/ND-CP), goods and services subject to price declaration include:

- Goods and services on the List of goods and services subject to price stabilization specified in Article 3 of this Decree during the period when the State does not apply the compulsory price registration;

- Cement and constructional steel;

- Coal;

- Feed for livestock, poultry and aquatic animals; veterinary drugs for disinfection, antisepsis and treatment for livestock, poultry and aquatic animals as precribed by the Ministry of Agriculture and Rural development;

- Printing and writing paper (rolls), newsprint which are domestically produced;

- Services at sea ports;

- Aviation services other than those on the list of services whose price brackets are specified by the state;

- Fees of passenger transport by railway with hard or soft seat type;

- Textbooks;

- Services of domestic passenger transport by aircrafts on the list whose brackets are specified by the state;

- Services of medical examination or treatment for human at private medical facilities; services of medical examination and treatment upon request at state-run medical facilities;

- Fees of passenger transportation on fixed routes by roadway; fees of passenger transport by taxi;

- Supplementary foods for children under 06 years of age as prescribed by the Ministry of Health;

- Denatured etanol; liquefied natural gas (LNG); compressed natural gas (CNG);

- Railway transport operating services;

- Other goods and services as prescribed by specialized laws.

3. Methods of making and receiving price declaration in Vietnam

Methods of making and receiving price declaration in Vietnam are specified in Article 15 of Circular 56/2014/TT-BTC (amended by Circular 233/2016/TT-BTC), specifically:

- An organization or individual shall make price declaration under Articles 15 and 16 of Decree 177/2013/ND-CP and Clause 9, Clause 10 Article 1 of Decree 149/2016/ND-CP by making a price registration document (below referred to as document) and sending it to a state agency competent to receive documents (below referred to as receiving authority) by any of the following methods:

+ Directly submitting 2 copies of the document at the office of the receiving authority;

+ Sending through the official correspondence channel 2 copies of the document to the receiving authority;

+ E-mailing the document enclosed with a scanned copy of the document bearing the signature and seal to the address notified by the receiving authority or sending the document by fax and making a phone call to notify the receiving authority thereof. Concurrently, sending through the official correspondence channel 2 copies of the document to the receiving authority.

- The receiving authority shall follow the procedures below upon receiving the document:

+ The officer who receives the document (hereinafter referred to as receiving officer) shall verify the composition and number of copies of the document.

In case the document is complete and submitted with sufficient copies as prescribed, he/she shall affix an incoming-mail stamp indicating the date of receipt to the document and send back 1 copy to the organization or individual who directly submits the document or send back by post 1 copy to the organization or individual who submit through the official correspondence channel, fax, or email; and forward the other to the receiving authority’s leader and professional sections or departments.

- The receiving officer shall verify the composition and number of copies of the document.

In case the document is incomplete or submitted with insufficient copies as prescribed, the receiving officer shall promptly return the document to the organization or individual submitting directly enclosed with reason for return and contents need to be supplemented;

Or within 2 working days after receiving the document, the receiving authority shall send a notice through the official correspondence channel or by fax or email, requesting the organization or individual to supplement the document or submit more copies.

The organization or individual making the price declaration shall complete the composition and number of copies of the document as prescribed and re-submit the receiving authority within 5 working days from the date of notice through the official correspondence channel or by fax or email requiring supplement.

The date when the organization or individual completes the document or submits more copies shall be regarded as the date of receipt of the document, the receiving officer shall affix an incoming-mail stamp indicating the date of receipt to the document.

+ In case of discount declaration, the organization or individual engaging business shall offer the discounts immediately, and concurrently send a document to the receiving authority.

The receiving authority shall verify composition and number of copies of the document as prescribed in Point a, Point b Clause 2 of Article 15 of Circular 56/2014/TT-BTC (amended by Circular 233/2016/TT-BTC) and request such organization or individual to complete the composition and number as prescribed for the purposes of archives of price declaration documents serving state management within entitlements and responsibilities prescribed in Article 17 of Circular 56/2014/TT-BTC (amended by Circular 233/2016/TT-BTC).

- Price declaration documents shall be made according to the guidance in Appendix 4 to Circular 56/2014/TT-BTC (amended by Circular 233/2016/TT-BTC).

In case organizations and individuals offer promotion policies, price reduction or discounts for certain customers or groups of customers, they shall clearly state name of customers or groups of customers and the levels of promotion, price reduction or discounts in price declaration documents.

- The method of declaring prices of medical examination and treatment services for humans at private health facilities; on-demand medical examination and treatment services at state health facilities; and preventive and curative medicines for human use on the list of essential curative medicines must comply with the Ministry of Health’s guidance.

The method of making price declaration in relation to scheduled passenger transport charges on roads, passenger transport charges by taxis shall be consistent with guidance of the Ministry of Transport.

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