SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, June 9, 2008
NO. 75/2008/ND-CP OF JUNE 9, 2008, AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 170/2003/ ND-CP OF DECEMBER 25, 2003. WHICH DETAILS THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON PRICES
Pursuant to the December 25. 2001 Law on Organization of the Government:
Pursuant to the April 26. 2002 Ordinance on Prices;
At the proposal of the Minister of Finance.
Article 1-To amend and supplement a number of articles of the Government's Decree No. 170/ 2003/ND-CP of December 25,2003, which details the implementation of a number of articles of the Ordinance on Prices (below referred to as Decree No. 170/2003/XD-CP for short) . as follows:
1. To amend Article 1 as follows:
'"Article 1- Governing scope
This Decree provides for a list of goods and services subject to price stabilization: contents of. conditions for. and competence to decide on measures of, price stabilization: a list of assets, goods and services priced by the State: price consultation: price appraisal: control of price constituents; pricing competence: price registration and declaration: publicity of information on prices and state management of prices."
2. To amend Article 2 as follows:
"Article 2.- List of goods and services subject to price stabilization
1. The list of goods and services subject to price stabilization as provided for in Article 6 of the Ordinance on Prices includes:
a/Petrol and oil:
c/ Construction steel;
d/ Liquefied gas;
e/ Chemical fertilizers:
f/ Plant protection drugs;
g/ Veterinary drugs: foot-ana-mouth disease vaccine; avian influenza vaccine: and antibiotics
of Oxytetracycline. Ampicilline Tylosin and Enrofloxacin:
h/ Salt; i/ Milk:
j/ Edible sugar (white sugar and refined sugar); k/ Paddy and rice;
1/ Human-use preventive and curative medicines on the Health Ministry's list of major curative medicines used at healthcare establishments;
m/ Charge for transporting passengers by rail, for hard-seat tickets;
n/ Animal feeds: maize, soybean and soybean oil cakes.
2. Based on the socio-economic situation, market price fluctuations and management requirements, the Prime Minister shall decide to adjust the list of goods and services subject to price stabilization specified in Clause 2. Article 1 of this Decree for application in each period.
3. Based on their local practical situation, presidents of People's Committees of provinces and centrally run cities (below referred to as presidents of provincial-level People's Committees) shall decide on a list of goods and services subject to price stabilization other than the list specified at Point 1. Clause 2. Article 1 of this Decree for application in their localities in each period."
3. To amend Article 3 as follows:
"Article 3.- Competence to decide on, and publicize the application of. price stabilization measures
1. The Prime Minister shall decide on. and publicize the application of. price stabilization measures for goods and services subject to price stabilization. including:
a/ Adjusting goods supply and demand:
b/ Purchasing or selling national -reserve commodities:
c/ Controlling goods in stock;
d/ Financial and monetary measures.
2. The Minister of Finance shall decide on. and publicize the application of. price stabilization measures nationally and regionally for goods and services on the list of those subject to price stabilization, including:
a/ Setting maximum and minimum prices and price brackets;
b/ Controlling price constituents;
c/ Price registration and declaration;
d/ Publicizing information on prices.
3. Presidents of provincial-level People's Committees shall organize the application of price stabilization measures decided by the Prime Minister and ministries and. at the same time, based on their local practical situation, specify additional price stabilization measures in their localities, such as:
a/ Measures to regulate the supply of and demand for goods and services according to their competence;
b/ Financial and monetary measures;
c/ Price registration and declaration;
d/ Publicizing information on prices:
e/ Other economic and administrative measures according to their competence.
4. Conditions on deciding on the list of goods and services subject to price stabilization and applying price stabilization measures
Price stabilization measures specified in Clause 3. Article 1 of this Decree may be applied in the following cases:
a/ Essential commodities and services for production and consumption;
b/ Goods and services related to enterprises' violations of regulations on competition restriction agreement, abuse of monopoly or market domination under the Competition Law in order to set prices causing damage to consumers or other enterprises;
c/ Goods and services experiencing abnormal price fluctuations due to natural disasters, fires, epidemics, enemy sabotage or economic crises:
d/ Other abnormal conditions affecting socioeconomic development and people's life.
The Ministry of Finance shall guide conditions on the application of price stabilization measures in accordance with this Decree."
4. To amend Article 7 as follows:
"Article 7.- Assets, goods and services priced by the State
1. The list of assets, goods and services priced by the State includes:
a/ Land and water surface:
c/ Other important natural resources;
d/ State-owned houses for lease or sale. Social houses and public-duty houses:
e/ National reserve commodities:
f/ State assets which are infrastructure works serving national and public interests;
g/ Goods and services produced under the State-placed orders: public-utility products and services ordered or planned by competent state agencies:
h/ Goods and services being state monopolies as provided for by law: i/ Electricity:
j/ Power transmission services: transmission-grid connection and electricity distribution services; electricity moderation services: services to administer electricity market transactions; services to support, regulate and participate in the electricity market;
k/ Domestic air transportation services; take off and landing services; services to operate inbound and outbound flights; services to support the assurance of flight activities: security screening: passenger services; and other services at airports and airfields;
1/ Services for domestic basic (normal) mails weighing up to 20 grams; local telephone services; public post and telecommunications services; and exclusive post services;
m/ Daily-life clean water:
n/ By-bus mass transit services in urban centers and industrial parks:
o/ By-train mass transit services in urban centers;
p/ Human-use preventive and curative medicines, covered by the state budget and health insurance;
q/ Goods entitled to price or freight subsidies; services to transport and supply essential commodities and services for people in mountainous, deep-lying and remote areas;
r/ The Nhan Dan daily, and newspapers of. provincial-level Vietnam Communist Party Committees.
Pursuant to Point 1. Clause 4. Article 1 of this Decree, the Prime Minister shall adjust the list of assets, goods and services priced by the State as appropriate for application in each period.
When necessary, the Minister of Finance shall submit to the Prime Minister for decision the adjustment of the list of assets, goods and services priced by the State as specified at Point 1. Clause 4. Article 1 of this Decree."
5. To amend Article 8 as follows:
"Article 8.- Competence to price
1. Competence to price assets, goods and services priced by the State is prescribed as follows:
a/ The Government shall decide on:
- Methods of determining land prices and price brackets for land of different categories:
- Land and water-surface rent brackets;
- Principles and methods of pricing forests of all kinds;
- Price brackets or standard prices of state-owned houses for sale or lease. Price brackets of social houses for lease or hire-purchase.
b/ The Prime Minister shall decide on:
- Approval of electricity retail prices;
- Rent rate brackets for public-duty houses;
- Approval of service charge options for domestic normal mails weighing up to 20 grams and local telephone services;
- Sale price of the Nhan Dan daily;
c/ The Minister of Finance shall decide on:
- Sale prices or rent rates of state assets which are infrastructure works serving national and public interests not through auction but through contractor selection, contractor appointment or self-execution, especially under the Bidding Law;
- Based on the methods of determining land prices and price brackets for land of different categories, and water-surface rent rate brackets specified by the Government, the Minister of Finance shall guide provincial-level People's Committees to decide on specific prices of land of different categories and unit prices of land and water-surface rents in localities: