Chương III Luật giá 2012: Hoạt động điều tiết giá của nhà nước

Chapter III

OPERATION ON REGULATING PRICES OF THE STATE

Section 1. PRICE STABILIZATION

Article 15. Goods or services implement price stabilization

1. Goods or services implementing price stabilization are essential goods or services for production, life being stipulated under the following criterions:

a) Raw materials, fuel, materials and main service for production and circulation;

b) Goods or services satisfying basic demands of human.

2. The List of goods or services implementing price stabilization includes:

a) Finished petrol, oil;

b) Electricity;

c) Liquefied petroleum gas;

d) Nitrogenous fertilizer, NPK fertilizer;

dd) Pesticide as prescribed by law;

e) Prevention vaccine for cattle, poultry;

g) Edible salt;

h) Milk for children under 06 years old;

i) Edible sugar, including white sugar and affinated sugar;

k) Paddy, ordinary rice;

l) Drugs for human disease prevention and treatment in the List of essential medicines using at establishments of medical examination and treatment as prescribed by law.

3. If neccessary, the List of goods or services implementing price stabilization stipulated in clause 2 of this article may be adjusted, the Government shall submit to the Standing Committee of National Assembly for consideration and decision.

4. Basing on the List of goods or services implementing price stabilization stipulated in clause 2 of this article, competent State agencies as prescribed in article 18 of this Law shall decide particular types of goods or services to apply suitable measure of price stabilization in each period.

Article 16. Cases implement price stabilization

1. Price stabilization is implemented in the following cases:

a) Upon prices of goods or services in the List prescribed in clause 2, article 15 of this Law have irregular changes;

b) Upon price level changes affecting socio-economic stabilization.

2. The Government shall detail this article.

Article 17. Measures for price stabilization

Applying in limit time a or a number of the following measures to implement price stabilization conformable to cases prescribed in article 16 of this Law:

1. Making the supply and demand equable of goods produced in domestic and import – export goods; goods in regions, localities in the national through operation of goods circulation; buy or sale out the national reserve goods, circulating reserve goods;

2. Measures of finance, monetary conformable to provisions of laws;

3. In neccessary cases, establishing fund of price stabilization for items need be stabilized on price in the List of goods or services implementing price stabilization aiming to support for price stabilization; using fund of price stabilization upon prices of such goods or services changes abnormally or badly affecting to economy and life.

Fund of price stabilization is established from the following sources:

a) Deducting from price of goods or services;

b) Voluntary contribution by organizations, individuals;

c) Aid of foreign countries;

d) Other legitimate financial sources.

The Government shall stipulate in details in regarding to items being established fund of price stabilization, establishment, management and use of fund of price stabilization;

4. Price registration for goods or services subject to price stabilization. The production or business organizations, individuals implement price registration only for goods or services subject to price stabilization in the time the State applies methods of price stabilization.

5. Examining elements forming prices; controlling inventory goods; examining quantity, volume of available goods;

6. Applying supporting measures of price conformable to provisions of laws and international commitments;

7. Determining the particular prices, maximum prices, minimum prices or price frame conformable to nature of goods or services under principles, grounds, methods prescribed in this Law.

Article 18. Competence and duty upon deciding on applying price stabilization measure

1. The Government decides guidelines and measures of price stabilization regarding to cases prescribed in article 16 and article 17 of this Law.

2. The Ministry of Finance, ministries, ministerial-level agencies shall, under their functions, duties, powers assigned by the Goverment, guide and organize implementation of price stabilization measure being decided by the Government.

3. Provincial People’s Committees shall, within their functions, duties, powers, organize executing price stabilization measure being decided by the Government and guided by the Ministry of Finance, ministries, ministerial-level agencies; in cases of natural disaster, fires, epidemics, unexpected accidents, base on actual situation at their localities, decide particular price stabilization measure at such localities.

4. Agency promulgating decision on applying price stabilization measure shall be responsible for decision on limit time for applying price stabilization measure.

5. Agency or individual deciding on applying price stabilization measure shall be responsible for such decision as prescribed by law.

6. The Government shall detail this article.

Section 2. PRICE DETERMINATION

Article 19. Goods or services being defined prices by the State

1. The State defines prices for:

a) Goods or services under monopoly field in which the State manufacture, business;

b) Important resources;

c) National reserve goods; products, services for public interest and service of public career using state budget.

2. Forms of price determination:

a) Particular price level;

b) Price frame;

c) Maximum price level, minimum price level.

3. The List of goods or services being defined prices by the State is stipulated as follows:

a) Defining particular price level for:

- Air services, including: Services for landing, taking off; management of departure and arrival flights; supports to ensure for flight operations; illumination security;

- Service of telecommunication connection;

- Electricity: Prices of electric transmit; prices of Auxiliary services for electric system;

b) Defining price frame for: Prices of electricity generation; prices of electricity trading; the level of average electricity retail price; services of domestic air transport with monopoly route;

c) Defining price frame and particular price level for:

- Land, surface water, underground water, forest belong to the all-people possession which the State is representative of owner and clean water for living;

- Price of leasing, hire-purchasing for social house, house of public service which be build from state budget outlays; buy prices or leasing prices for house belong to state possession;

- Services of medical examination and treatment and services of education, traning at medical examination and treatment establishments, traning and education facilities of the State;

d) Defining maximum price or minimum price for:

- National reserve goods as prescribed by law on National reserve; goods or services being placed an order, assigned under business and production plans by the State; products, services for public interest and service of public career using state budget, except for services prescribed in point c, clause 3 of this article.

- Products are cigarette produced domestic;

- Price of leasing for state assets being infrastructure works.

4. If neccessary, the List of goods or services being defined prices by the State may be adjusted, the Government shall submit to the Standing Committee of National Assembly for consideration and decision.

Article 20. Principle of price determination of the State

1. Assurance of remedying actual and reasonable cost in production, business, having profit conformable to price level of market and guidelines, policies on social economical development of the State in each periods.

2. Timely adjusting prices upon elements forming them change.

Article 21. Grounds, methods of price determination

1. Grounds of price determination

a) Wholly cost price, quality of goods or services at the time point of price determination; expected profits level;

b) Relation between supply and demand of goods or services and purchasing power of currency; solvency of consumers;

c) Price of domestic and international market and competitive ability of goods or services at the time point of price determination;

2. Methods of price determination:

a) The Ministry of Finance stipulates general methods of price determination for goods or services;

b) Ministries, ministerial-level agencies shall assume the prime responsibility for and coordinate with the Ministry of Finance to guide methods of price determination for goods or services under their competence.

Article 22. Competence and duty of price determanition

1. The Government stipulates:

b) Land price frame;

b) Price frame of leasing surface water;

c) Price frame of leasing, hire-purchasing for social house, house of public service.

2. The Prime Minister stipulates price frame of average electricity retail, mechanism of price adjustment and structure of electricity retail tariff.

3. The Minister of Finance, ministers, headers of ministerial-level agencies, provincial People’s Committees determine prices of goods or services prescribed in article 19 of this Law according to assignment, level-division of the Government.

4. Agencies, individuals deciding price determination for goods or services in the List of goods or services defined price by the State shall be responsible for their decision before the law.

Section 3. PRICE NEGOTIATION

Article 23. Cases organize price negotiation

1. Price negotiation implements for goods or services satisfying the following conditions:

a) Goods or services not being in the List of goods or services defined prices by the State;

b) Goods or services being important, produced, business in specific conditions or having restrained competitive market; having nature of buy or sale monopoly or the buyer and seller are dependent together, cannot replace.

2. Competent State agencies organize price negotiation for goods or services prescribed in clause 1 of this article in the following cases:

a) Upon having suggection of the buyer or the seller or both of the buyer and the seller;

b) Upon having request of the Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of provincial People’s Committee.

Article 24. Competence and duty of organizing price negotiation

1. The Ministry of Finance shall assume the prime responsibility for organizing price negotiation at the request of the Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies.

2. The Service of Finance shall assume the prime responsibility for organizing price negotiation at the request of Presidents of provincial People’s Committee or upon having suggestion of the buyer or the seller or both of the buyer and the seller which having offices located in their areas. If the buyer and the seller having offices located in different provinces and suggesting price negotiation, two parties reach agreement to suggest one of two Services of Finance to prime responsibility for negotiation; if they cannot reach agreement, the Services of Finance where the buyer’s office locates, shall assume the prime responsibility for negotiation.

3. Agency organizing price negotiation shall be responsible for performance as prescribed by law.

Article 25. Result of price negotiation

1. Agency organizing price negotiation shall notify parties in written of price level which have been agreed after negotiation.

2. Whether price negotiation has been performed, but parties still not reach agreement on price, agency organizing price negotiation shall decide temporary price for parties to execute.

Decision on temporary prices being notified by agency organizing price negotiation shall take effect at the maximum of 06 months. While executing the decision on temporary prices, parties continue to negotiate on prices. If parties reach agreement on prices, the agreed prices shall be executed and parties shall be responsible for reporting to agency organizing price negotiation to know agreed prices and period of performance

After limit time of 06 months, if parties cannot reach agreement on prices, the authorities shall organize price negotiation for the second time. If parties still can not reach agreement on prices, decision on temporary prices shall continue to take effect for implementation until reaching agreement on prices.

Section 4. EXEMINATION OF ELEMENTS FORMING PRICES

Article 26. Cases examining elements forming prices

1. Competent State agencies examine elements forming prices for goods or services prescribed in clause 2 of this article in the following cases:

a) When competent State agencies decide on price stabilization, price determination;

b) When prices having irregular changes and at request of the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of provincial People’s Committee.

2. Goods or services must examine elements forming prices including:

a) Goods or services being defined prices by the State;

b) Goods or services implement price stabilization;

b) Other goods or services when their prices having irregular changes and at request of the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of provincial People’s Committee.

Article 27. Competence and duty of examining elements forming prices

1. The Ministry of Finance shall assume the prime responsibility for and coordinate with Ministries, ministerial-level agencies, provincial People’s Committees to examine elements forming prices for:

a) Goods or services under price determination competence of the Government, the Prime Minister, the Minister of Finance;

b) Goods or services in the List of goods or services implementing price stabilization stipulated in article 17 of this Law.

2. Ministries, ministerial-level agencies shall assume the prime responsibility for and coordinate with the Ministry of Finance, provincial People’s Committees to examine elements forming prices for goods or services under price determination competence of ministers, heads of ministerial-level agencies.

3. Provincial People’s Committees examinate elements forming prices for:

a) goods or services under price determination competence of provincial People’s Committees;

b) Goods or services in the List of goods or services implementing price stabilization of production or business organizations and individuals in their localities.