Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes rights and obligations of organizations and individuals in field of Prices; activities of managing and regulating prices of the State.
Article 2. Subjects of application
Production or business organizations and individuals; consumers; state agencies; other organizations and individuals relating to activities in the field of prices in the territory of Vietnam.
Article 3. Law application
1. Activities in the field of prices in the territory of Vietnam must observe provisions of this Law.
2. Where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from those of this Law, the provisions of such international treaty shall apply.
Article 4. Interpretation of terms
In this Law, the following terms and phrases shall be construed as follows:
1. Goods mean properties that may exchange, buy, sale in the market, and enable to satisfy demands of human, including types of movable and immovable properties.
2. Service means goods of which nature is invisible, and the process of manufacturing and consuming cannot be separated, including types of service in the system of Vietnamese production trades as prescribed by law.
3. Essential goods or services mean goods, services cannot lack for manufacture, life, national defense, security, including: main raw material, fuel, materials, services for manufacture, circulation; products satisfy basic demands of human and defense, security.
4. Market price means price of goods or services being formed, governed by factors and movement of market which be decided at a point of time, a certain location.
5. Price determination means provision on prices of goods or services by competent State agencies or production or business organizations and individuals.
6. Posting up prices means informing openly by production or business organizations and individuals under forms which is appropriate, clear and not causing mistake for customers on sale prices of goods or services in Vietnam dong in ways of printing, pasting, writing the prices on the board, paper or package of goods or in other forms at the transaction or offer place of goods or services to make it convenience for observation and identification of customers, competent State agencies.
7. Price negotiation means organization and intermediate action for the seller and the buyer of competent State agencies to negotiate on buy price, sale price of goods or services which satisfy conditions of Price negotiation at the request of one of parties or both of parties or as having request of the the Prime Minister, ministers, heads of ministerial - level agencies, heads of Governmental agencies, presidents of People’s Committee of central-affiliated cities and provinces (hereinafter referred as provincial- level People’s Committee).
8. Price registration means making, analyzing the forming of price level and sending price notice under form to competent State agencies before adjusting prices of goods or services in the List of goods or services executing price stabilization by production or business organizations and individuals in the time as the State applies methods of price stabilization.
9. 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.
10. Price stabilization means applying appropriate methods on making the supply and demand, finance, monetary equable and other necessary methods on economy, administrative by the State to impact on forming and moving of prices, do not let prices of goods or services irrationally raise too high or decrease too low.
11. Elements of price formation mean the wholly cost price that is actual, reasonable and correspondence with quality of goods or services; profit (if any); financial obligations as prescribed by law; invisible value of trade mark.
12. The wholly cost price of goods or services means cost price to consume goods or services, including:
a) The cost price to manufacture goods or services; buy price of goods or services for organizations, individuals operating trade.
b) Cost of circulation to bring goods or services to consumers.
13. Price level means the average level of price level of goods or services in the economy correspond to certain space and time and being measured by index of consumption price.
14. The irregular changed price means price of goods or services that is irrationally raise too high or decrease too low while Elements of price formation have not many changes or in cases of economic crisis, natural disasters, enemy sabotage, fires, epidemics.
15. Price appraisal means determination of value in money of types of properties by agencies, organizations having function of price appraisal as prescribed in the Civil Code that is suitable with market price at a point of time, a certain location, for a certain purpose according to standard of price appraisal.
16. Report of price-appraising result means document made by price-appraising enterprise in which shall state clearly process of price appraisal, price-appraising result and opinion of price-appraising enterprise regarding to value of appraised property for customers and relevant parties to have basis and use for purposes being written in the contract of price appraisal.
17. Certificate of price appraisal means document made by price-appraising enterprise in order to inform to customers and relevant parties of basic contents of Report of price-appraising result.
18. The average electric retail price level means electric sale price being defined under the principle of calculating sum of business or production cost and average reasonable profit level for 01 kWh commercial electric in each period, that being used with structure of electric retail tariff for calculating the particular electric retail price for each electric using customer object.
19. Price frame of average electric retail price means distance between the minimum price level and the maximum price level of average electric retail price.
20. The structure of electric retail tariff means the list of particular price level or percentage rate (%) of average electric retail price level to calculate the particular electric retail price for each electric using customer object.
Article 5. The principle of price management
1. The State manages prices under the market mechanism; respects right of self-determination of prices, competition of prices of production or business organizations and individuals as prescribed by law.
2. The State regulates prices as prescribed in this Law to stabilize prices, protect legitimate rights and interests of production or business organizations and individuals, consumers and interest of the State.
3. The State has policies on prices aiming to support areas with difficulty social and economical conditions, areas with special difficulty social and economical conditions.
4. The State stipulates principles, methods of price determination for goods or services being defined prices by the State complying with principle of market economy.
Article 6. Publicity of price information
1. The state agencies implement publicity of guidelines, policies, methods of management, regulation, decision on prices of the State under one or some forms such as press conference, posting on mass media means or other appropriate forms.
2. Organizations and individuals that product, business goods or services shall implement publicity of price information of goods or services attaching to basic technical – economical parameter of such goods or services under form of posting up prices. For goods or services under the List of goods or services implementing price stabilization, the List of goods or services being defined prices by the State, the production or business organizations and individuals shall select for additional one or some forms such as press conference, posting on mass media means or other appropriate forms.
3. Agencies of communication and information shall be responsible for publishing news on prices exactly, objectively, honestly and take responsibility for publishing news as prescribed by law.
4. The publicity of price information stipulated in this article shall not apply to the information that not permitted to publish as prescribed by law.
Article 7. The content of State management in the price field
1. Researching, formulating, and organizing the performance of policies, law in price field in accordance with lines, policies of social-economical development in each period.
2. Promulgating legal documents in the price field.
3. Determination of price of goods or services in the List of goods or services defined price by the State; appraising price of state properties under function, duties and powers as prescribed by law.
4. Colleting, synthesizing, analyzing and forecasting the market prices in domestic and in the world to formulate the the database on prices to serve state management in the price field.
5. Management of traning, fostering professional skills specialized in price appraisal; management of examination, issuance and withdrawing the card of price appraiser, the eligible certificate of service business of price appraisal.
6. Organizing and managing of science research, international cooperation, training and fostering for cadres in price field.
7. Examining, inspecting, settling complaints, denunciations and handling violations of law in the price field.
Article 8. Competence for State management over prices
1. The Government shall exercise the unified State management over prices throughout the country.
2. The Ministry of Finance shall take responsibility for performance of function of state management in price field.
3. Ministries, ministerial-level agencies shall, within the scope of their respective tasks and powers, perform the function of State management over prices in their respective branches as prescribed by law
4. The provincial level People’s Committees shall, within the scope of their tasks and powers, perform the function of State management over prices in their localities as prescribed by law
Article 9. Specialized price inspectorate
1. The State management agencies in charge of prices shall perform the function of specialized price inspectorate as prescribed by law on inspection.
2. The specialized price inspectorate means inspection of complying with the legislation on prices as prescribed by this law and other relevant law provisions.
3. Rights and responsibilities of specialized price inspectorate; rights and obligations of organizations and individuals when they are object of inspection and relevant organizations, individuals shall comply with provisions of inspection law.
Article 10. Prohibited acts in price field
1. For agencies having state management competence on prices; cadres, civil servants under agencies having state management competence on prices:
a) Interfering wrongly functions, duties, powers as prescribed by law in rights and obligations of organizations, individuals manufacturing and business in price field.
b) Promulgating documents that is not duly authorized; not duly order, procedures;
c) Revealing, using information supplied by production or business organizations and individuals which is not right provisions of competent State agencies.
d) Misusing functions, powers, duties for self-seeking interests.
2. For business or production organizations, individuals:
a) Fabricating and/or spreading, publishing untrue news on market situation, prices of goods or services.
b) Defrauding on prices by intentional changing the committed content of time, place, condition of purchase, quality of goods or services at the time of delivery of goods, supplying service without advance notice to customer.
c) Taking advantage of economic crisis, natural disasters, enemy sabotage, fires, epidemics and/or other abnormal circumstances; taking advantage of State policy to define buy prices, sale prices of goods or services unreasonably;
d) Acts of transfer pricing, collusion on prices under all forms for profiteering.
3. For price-appraising enterprise, branch of price-appraising enterprise:
a) Scrambling customers under forms as inhibitory, threaten, enticement, bribery, collusion with customers and other unfair competitive acts; giving inexact information on comprehension, experiences and capacity of supplying service of price appraiser; price-appraising enterprise, branch of price-appraising enterprise;
b) Collusion with price-appraising customers, relevant persons upon appraising prices to falsify result of price appraisal;
c) Receiving or requiring any amount of money or other interest from price-appraising customers outside rice level of service agreed in contract;
d) Forging, leasing, lending; using card of price appraiser contrary to laws on prices;
dd) Revealing information of dossier, price-appraising customers and assets being appraised, except being agreed by price-appraising customers or being permitted by law;
e) Causing obstacle or interfering in work manage of organizations, individuals having demand of price appraisal upon they have performed right functions, duties as prescribed by law.
4. For appraisers on price practising, in addition to provisions in clause 3 of this article, they do not permit to perform the following acts:
a) Practising of price appraisal with individual status;
b) Registering for price-appraising practising for two or more price-appraising enterprises at the same time:
c) Performing price appraisal for units in which the price appraisers has relation of capital contribution, buying shares/bond or their parents, spouses, children, blood siblings are members in the Leader Board or chief accountant thereof.
5. For organizations, individuals having assets for price appraisal and organizations, individuals relating to using result of price appraisal:
a) Selecting organizations, individuals who are not eligible of practising price appraisal to sign price-appraising contract;
b) Inexact, dishonest, incomplete, untimely upon supplying information, documents relating to assets need price appraisal;
c) Bribery, collusion with price appraisers, price-appraising enterprises to falsify result of price appraisal.
Tìm kiếm
Luật giá 2012 (Bản Word)