Chapter II
THE STATE ADMINISTRATION OF PRICES
Section 1. STABILIZATION OF MARKET PRICES
Article 5.- The aims of price stabilization
The State shall adopt necessary policies and measures to affect the supply-demand relationship in order to stabilize the market prices for important and essential commodities and services, to control inflation, stabilize the socio-economic situation, protect the legitimate interests of production and/or business organizations and individuals, of the consumers, and the interests of the State, contributing to the promotion of investment and development.
Article 6.- Price-stabilizing measures
1. Where the market prices of important and essential commodities and services abnormally fluctuate, the State shall employ the following measures to stabilize the prices:
a) Adjusting the demand and supply of home-made goods and export, import goods; commodities between regions, localities in the country;
b) Purchasing or selling out reserve commodities;
c) Controlling goods in stock;
d) Setting the maximum prices, the minimum prices, price brackets;
e) Controlling price components;
f) Subsidizing farm produce prices when the market prices drop too low, thus causing damage to the producers; subsidizing prices of other important and essential commodities and services.
2. Competence, procedures and time limits for, types of goods and services entitled to, the application of the measures prescribed in Clause 1 of this Article shall be stipulated by the Government.
3. Organizations and individuals that produce and/or trade in important and essential commodities and/or services shall have the responsibility to apply relevant measures prescribed in Clause 1 of this Article to contribute to price stabilization.
Section 2. PRICE DETERMINATION, PRICE CONSULTATION
Article 7.- Properties, commodities and services with prices set by the State
1. Properties, commodities and services with prices set by the State shall include:
a) Land, water surface, important natural resources;
b) The State properties sold or leased;
c) Monopoly commodities and services;
d) Commodities and services important for the national policies and people�s welfare.
2. The State shall fix prices of the properties, commodities and services prescribed in Clause 1 of this Article in the following forms:
a) The specific price levels;
b) The standard price levels;
c) The price brackets;
d) The maximum and minimum prices.
3. The Government shall specify the lists of properties, commodities and services with prices set by the State as provided for in Clause 1 of this Article and the application of price-fixing forms prescribed in Clause 2 of this Article in each period.
Article 8.- Bases for price determination
The State shall determine the prices of properties, commodities and services prescribed in Article 7 of this Ordinance on the basis of production and circulation costs; supply-demand-relationship; the purchasing power of the Vietnamese currency; the domestic and international market prices and the socio-economic development policies in each period.
Article 9.- Competence to determine prices
1. The competence to determine prices is stipulated as follows:
a) The Government shall decide on the prices of especially important properties, commodities and services, which affect the socio-economic development of the whole country;
b) The Prime Minister shall decide on the prices of important properties, commodities and services, which affect the socio-economic development of many branches;
c) The ministers and the heads of the ministerial-level agencies shall decide on the prices of the properties, commodities and services, which greatly affect the economic development of their respective branches;
d) The People’s Committees of the provinces or centrally-run cities shall decide on the prices of properties, commodities and services, which greatly affect the socio-economic development in their respective localities.
2. The Government shall specify the price-determining competence prescribed in Clause 1 of this Article.
Article 10.- Adjusting the State-set prices
1. The State agencies competent to determine prices must adjust in time the prices of properties, commodities and services on the lists of those with prices set by the State when the domestic and international price components fluctuate, affecting production and people�s life.
2. Organizations and individuals shall have the right to propose the State agencies competent to determine prices to adjust prices according to law provisions.
Article 11.- Price consultation
The agencies competent to exercise the State management over prices shall organize price consultation between the purchasing parties and the selling parties for important commodities and services characterized with the purchase monopoly, sale monopoly, which do not fall within the scope of price determination by the State as provided for in Article 7 of this Ordinance, at the proposals of the purchasing parties, the selling parties or at the request of the Prime Minister, ministers, heads of the ministerial-level agencies, presidents of the provincial/municipal People�s Committees.
Article 12.- Price consultation results
1. The price consultation results agreed upon by the parties shall be promulgated for implementation by the agencies competent to exercise the State management over prices.
2. Where the parties fail to reach agreement on price levels though price consultation has been organized, the agencies competent to exercise the State management over prices shall decide on the temporary prices for implementation by the parties till they reach agreement on the price levels so as to service in time production and business.
Section 3. PRICE APPRAISAL
Article 13.- State properties whose prices must be appraised
1. The State properties whose prices must be appraised shall include:
a) Properties purchased fully or partly with State budget sources;
b) State properties which are leased, assigned, sold, contributed as capital or subject to other form of right transfer;
c) Properties of State enterprises, which are leased, assigned, sold, contributed as capital, equitized, dissolved or subject to other forms of conversion;
d) Other State properties whose prices must be appraised as provided for by law.
The Government shall prescribe the value of the State properties stated in this Clause, whose prices must be appraised.
2. The State properties whose prices must be appraised as provided for in Clause 1 of this Article, which have gone through bidding or price determination by the Price-Determining Council shall not necessarily have their prices appraised.
Article 14.- Price-appraising enterprises
1. The price-appraising enterprises shall include State enterprises and enterprises of other economic sectors. The Government shall stipulate the organizational forms and conditions for setting up price-appraising enterprises.
2. Organizations and individuals that meet all conditions prescribed by the Government may set up price-appraising enterprises.
Article 15.- Operation of price-appraising enterprises
1. The price-appraising enterprises shall appraise the prices of properties in the cases prescribed in Article 13 of this Ordinance and other properties at the requests of State agencies, organizations or individuals.
2. The price-appraising activities of enterprises shall be effected under contracts with State agencies, organizations and/or individuals demanding the price appraisal.
Article 16.- Criteria or price appraisers
1. Persons recognized as price appraisers must fully satisfy the following criteria:
a) Being Vietnamese citizen;
b) Having university degree in specialty related to price-appraising operations;
c) Having the certificate of professional training in price-appraising operations, granted by competent agencies;
d) Having worked with the trained specialty for three consecutive years or more.
2. Persons who fully meet the conditions prescribed in Clause 1 of this Article shall be considered by the central agencies in charge of State management over prices for the granting of the price appraiser’s card.
Article 17.- Price- appraising results
The results of price appraisal by price-appraising enterprises shall be recorded in writing and used only for the purposes already inscribed in the contracts. The price-appraising results may be used as one of the bases for considering and approving State budget expenditures, for tax calculation, determination of property value as security for bank loans, for insurance purchase, lease, assignment, sale, capital contribution, enterprise equitization and dissolution, and used for other purposes already inscribed in the price-appraising contracts.
Article 18.- Rights and obligations of price-appraising enterprises
The price-appraising enterprises shall have the following rights and obligations:
1. To request the price appraisal-demanding agencies, organizations or individuals to supply documents and data related to the price appraisal;
2. To collect appraisal service charges as agreed upon in the contracts;
3. To take responsibility before law for the results of their price appraisal. Where the price-appraising results are incorrect, causing damage to the State, organizations and/or individuals, they shall have to compensate therefor according to the provisions of law;
4. Other rights and obligations prescribed by law.
Section 4. CONTROLLING THE MONOPOLY PRICES
Article 19.- The State shall control the monopoly prices
In case of necessity, the agencies competent to exercise the State management over prices shall control the production and circulation costs, prices of commodities and services of organizations and individuals when detecting signs of alignment for price monopoly or when deeming it necessary to consider the formation of monopoly prices.
Article 20.- Responsibilities of production and/or business organizations and individuals when receiving the requests for control of monopoly prices
Production and/business organizations and individuals, when receiving the requests for control of monopoly prices shall have the responsibility to report fully, accurately and promptly on the data and materials related to production and circulation costs, prices of monopoly commodities and services at the requests of the agencies competent to exercise the State management over prices.
Article 21.- Rights and responsibilities of the agencies competent to exercise the State management over prices
In controlling the monopoly prices, the agencies competent to exercise the State management over prices shall have the following rights and responsibilities:
1. To suspend the application of commodity and/or service prices decided by organizations and/or individuals aligned together for price monopoly;
2. To request the aligned monopoly organizations and/or individuals to make purchases and/or sales strictly at the purchasing and/or selling prices set before the price monopoly alignment. In cases where the selling prices and/or purchasing prices need to be adjusted, the organizations and individuals shall have to elaborate plans and submit them to the agencies competent to exercise the State management over prices for consideration and decision;
3. To decide on prices within the prescribed time limits on the basis of the price plans submitted or proposed by the production and/or business organizations and individuals to the State bodies competent to adjust prices;
4. To handle violations of the legislation on prices according to law provisions.
Section 5. ANTI-DUMPING
Article 22.- Prohibiting dumping
Production and/or business organizations and individuals are strictly forbidden to commit acts of dumping.
Article 23.- Acts not regarded as acts of dumping
1, The following acts shall not be regarded as dumping acts:
a) Lowering the sale prices of fresh and raw goods items;
b) Reducing the sale prices of goods in stock due to their inferior quality, outmode, unsuitability to consumers tastes;
c) Reducing the sale prices of goods according to seasons;
d) Reducing the sale prices for sale promotion under the provisions of law;
e) Reducing the sale prices of goods in case of bankruptcy, dissolution, termination of production and/or business activities, relocation, re-orientation of production and business.
2. For cases of sale price reduction prescribed in Clause 1 of this Article, the old prices, the new prices and price reduction duration must be publicly and clearly posted up at stores and transaction places.
Article 24.- Complaints and denunciations against acts of dumping
Organizations and individuals shall have the right to make complaints and/or denunciations according to law provisions against acts of dumping.
Article 25.- Investigating and handling acts of dumping
1. Upon receiving written complaints or denunciations about acts of dumping or detecting acts of dumping, the agencies competent to exercise the State management over prices must organize the investigation of the dumping acts.
2. The contents of investigation of dumping acts:
a) Verifying acts of dumping;
b) Determining damage caused by the dumping acts to the legitimate interests of other production and/or business organizations and/or individuals and the interests of the State.
3. Based on the investigation results, the agencies competent to exercise the State management over prices may handle or propose the competent State bodies to handle according to law provisions acts of dumping.
Article 26.- Measures of handling acts of dumping
1. Deciding on the minimum sale prices without restricting lawful competition and without causing damage to the legitimate interests of consumers and the interests of the State.
2. Handling administrative violations.
3. Forcing production and/or business organizations and/or individuals that make the dumping to compensate for damage caused to the damage-suffering production and/or business organizations and/or individuals by the acts of dumping.
4. Persons who commit acts of dumping which show signs of criminal offenses shall be examined for penal liability according to law provisions.
Tìm kiếm
Pháp lệnh số 40/2002/PL-UBTVQH10 (Bản Word)