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Reference ID	Created	Released	Classification	Origin
02HANOI1769	2002-07-15 09:23	2011-08-30 01:44	UNCLASSIFIED	Embassy Hanoi

This record is a partial extract of the original cable. The full text of the original cable is not available.

150923Z Jul 02

2002HANOI01769 - UNCLASSIFIED
 
 
 
                           UNCLASSIFIED     PTQ0583

PAGE 01        HANOI  01769  01 OF 10  150933Z 
ACTION STR-00   

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                  ------------------CB231F  150933Z /38    
FM AMEMBASSY HANOI
TO SECSTATE WASHDC IMMEDIATE 7006
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC
USDA WASHDC

UNCLAS SECTION 01 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
 
E.O. 12958: N/A 
TAGS: ECON ETRD VM
SUBJECT: VIETNAM: NEW ORDINANCE ON PRICES 
 
 
¶1. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY PASSED A 
NEW PRICE ORDINANCE NO. 40 ON APRIL 26, 2002.  THE ORDINANCE 
CAME INTO EFFECT ON JULY 1, 2002.  THE TEXT IS REPEATED 
BELOW FOR THE RECORD.  THE ORDINANCE ADDRESSES A WIDE 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  01 OF 10  150933Z 
VARIETY OF PRICING-RELATED ISSUES INCLUDING CONSUMER 
PROTECTION CLAUSES AND DUMPING.  WHILE RESPECTING THE RIGHTS 
OF BUSINESSES TO ESTABLISH THEIR OWN PRICING MECHANISMS, IT 
RESERVES THE RIGHT FOR THE STATE TO INTERVENE WHEN NEEDED TO 
STABILIZE PRICES FOR ESSENTIAL GOODS OR WHEN DUMPING OCCURS. 
 
¶2.  BEGIN TEXT - INFORMAL TRANSLATION: 
 
STANDING COMMITTEE OF THE NATIONAL ASSEMBLY 
SOCIALIST REPUBLIC OF VIETNAM 
INDEPENDENCE - FREEDOM - HAPPINESS 
 
NO.: 40/2002/PL-UBTVQH10 
 
PRICE ORDINANCE 
 
IN  ORDER  TO  CONTRIBUTE TO THE DEVELOPMENT OF THE  MARKET- 
ORIENTED  ECONOMY  IN  THE  SOCIALIST  DIRECTION,  STABILIZE 
PRICES,  AND  PROTECT  THE  LEGAL RIGHTS  AND  INTERESTS  OF 
BUSINESS AND PRODUCTION ORGANIZATIONS AND INDIVIDUALS AND OF 
THE CONSUMERS, AND PROTECT THE INTERESTS OF THE STATE; 
 
BASED ON THE 1992 CONSTITUTION OF THE SOCIALIST REPUBLIC  OF 
VIETNAM  AS  SUPPLEMENTED AND AMENDED PURSUANT TO RESOLUTION 
NO. 51/2001/QH10, WHICH WAS ADOPTED BY THE NATIONAL ASSEMBLY 
ON  DECEMBER  25,  2001  DURING  THE  10TH  SESSION  OF  ITS 
LEGISLATURE X; 
 
BASED  ON  RESOLUTION  NO. 52/2001/NQ-QH10  ADOPTED  BY  THE 
NATIONAL ASSEMBLY DURING THE 10TH SESSION OF ITS LEGISLATURE 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  01 OF 10  150933Z 
X  CONCERNING THE LAWS AND ORDINANCES MAKING PROGRAM FOR THE 
YEAR 2002; 
 
THIS ORDINANCE SETS FORTH PROVISIONS CONCERNING PRICES. 
 
CHAPTER I 
GENERAL PROVISIONS 
 
ARTICLE 1:     SCOPE OF APPLICATION AND ENTITIES SUBJECT  TO 
APPLICATION 
 
¶1. THIS ORDINANCE SETS FORTH PROVISIONS ON STATE 
ADMINISTRATION OVER PRICES AND PRICING ACTIVITIES OF 
BUSINESS AND PRODUCTION ORGANIZATIONS AND INDIVIDUALS. 
 
¶2.  THIS ORDINANCE APPLIES TO DOMESTIC AND FOREIGN 
ORGANIZATIONS AND INDIVIDUALS ENGAGING IN BUSINESS [AND/OR] 
PRODUCTION ACTIVITIES IN VIETNAM. 
 
¶3.  IN THE EVENT THAT AN INTERNATIONAL TREATY WHICH, THE 
SOCIALIST REPUBLIC OF VIETNAM HAS EXECUTED OR TO WHICH IT 
HAS ACCEDED CONTAINS PRICE-RELATED PROVISIONS THAT ARE 
DIFFERENT FROM THIS ORDINANCE, THE INTERNATIONAL TREATY 
SHALL APPLY. 
 
ARTICLE 2:     PRINCIPLES FOR PRICE ADMINISTRATION 
 
¶1.  THE STATE RESPECTS THE RIGHT OF BUSINESS AND PRODUCTION 
ORGANIZATIONS AND INDIVIDUALS TO SELF-DETERMINATION OF 
PRICES AND COMPETITION IN PRICES IN STRICT ACCORDANCE WITH 
THE PROVISIONS OF LAW. 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  01 OF 10  150933Z 
 
¶2.  THE STATE ADOPTS NECESSARY MEASURES TO STABILIZE PRICES, 
PROTECT THE LEGAL RIGHTS AND INTERESTS OF BUSINESS AND 
PRODUCTION ORGANIZATIONS AND INDIVIDUALS AND OF THE 
CONSUMERS, AND PROTECT THE INTERESTS OF THE STATE. 
 
ARTICLE 3:     OVERSEEING THE IMPLEMENTATION OF THE LAWS 
CONCERNING PRICES 
 
¶1.  THE ORGANS OF THE NATIONAL ASSEMBLY, DEPUTIES TO THE 
NATIONAL ASSEMBLY, AND THE PEOPLE'S COUNCILS AT ALL LEVELS, 
WITHIN THEIR SCOPE OF FUNCTIONS, DUTIES AND AUTHORITY, 
OVERSEE THE IMPLEMENTATION OF THE LAWS CONCERNING PRICES. 
 
¶2.  THE FATHERLAND FRONT OF VIETNAM AND ITS INSTITUTIONAL 
MEMBERS ENCOURAGE THE PEOPLE TO IMPLEMENT THE PROVISIONS OF 
THE LAWS CONCERNING PRICES, AND OVERSEE THE IMPLEMENTATION 
OF THE LAWS CONCERNING PRICES. 
 
ARTICLE 4:     INTERPRETATION OF TERMS 
 
IN THIS ORDINANCE, THE FOLLOWING TERMS ARE CONSTRUED AS 
FOLLOWS: 
 
¶1. "PRICES" INCLUDE THE PRICES SET BY THE GOVERNMENT, THE 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0584 
 
PAGE 01        HANOI  01769  02 OF 10  150933Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
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      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB232D  150934Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7007 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 02 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
PRICES SET BY BUSINESS AND PRODUCTION ORGANIZATIONS AND 
INDIVIDUALS, AND THE MARKET PRICES. 
 
¶2. "PRICE APPRAISAL" IS THE ACT OF EVALUATING OR RE- 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  02 OF 10  150933Z 
EVALUATING THE VALUE OF AN ASSET IN ACCORDANCE WITH THE 
MARKET IN A LOCATION AT A CERTAIN TIME BASED ON THE 
VIETNAMESE STANDARDS OR INTERNATIONAL PRACTICE. 
 
¶3. "DUMPING SALE" IS THE ACT OF SELLING GOODS [OR] SERVICES 
AT PRICES THAT ARE TOO LOW AS COMPARED TO THEIR REGULAR 
PRICES IN THE VIETNAMESE MARKET FOR THE PURPOSES OF 
DOMINATING THE MARKET AND RESTRICTING LAWFUL COMPETITION, 
THEREBY CAUSING INJURY TO THE LEGAL INTERESTS OF OTHER 
BUSINESS [AND/OR] PRODUCTION ORGANIZATIONS [AND/OR] 
INDIVIDUALS, AND THE INTERESTS OF THE STATE. 
 
¶4.  "ASSOCIATION FOR PRICE EXCLUSIVITY" IS AN AGREEMENT 
AMONG BUSINESS [AND/OR] ORGANIZATIONS [AND/OR] INDIVIDUALS 
TO SET A PRICE LEVEL IN ORDER TO DOMINATE THE MARKET, 
THEREBY CAUSING INJURY TO THE LEGAL INTERESTS OF OTHER 
BUSINESS [AND/OR] PRODUCTION ORGANIZATIONS [AND/OR] 
INDIVIDUALS AND THE CONSUMERS, AND THE INTERESTS OF THE 
STATE. 
 
¶5.  "EXCLUSIVE PRICE" IS A PRICE OF GOODS [OR] SERVICES ONLY 
AT WHICH THEY ARE SOLD OR PURCHASED IN THE MARKET BY ONE 
ORGANIZATION OR INDIVIDUAL OR A PRICE OF GOODS [OR] SERVICES 
SET BY ORGANIZATIONS [AND/OR] INDIVIDUALS ENGAGING IN AN 
ASSOCIATION FOR PRICE EXCLUSIVITY THAT DOMINATE THE MAJORITY 
OF THE MARKET SHARE AND HAVE THE POWER OF CONTROLLING THE 
MARKET PRICES. 
 
¶6.  "EXTRAORDINARY FLUCTUATIONS IN PRICES" IS A REDUCTION OR 
INCREASE IN PRICES IN THE EVENT OF AN ECONOMIC CRISIS, ACT 
OF GOD, OR ACT OF PUBLIC ENEMY, OR IN OTHER EXTRAORDINARY 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  02 OF 10  150933Z 
CIRCUMSTANCES. 
 
CHAPTER II 
STATE MANAGEMENT OF PRICES 
SECTION 1: MARKET PRICE STABILIZATION 
 
ARTICLE 5:     OBJECTIVES OF PRICE STABILIZATION 
 
THE  STATE  IMPLEMENTS NECESSARY POLICIES AND MEASURES  THAT 
INFLUENCE  THE DEMAND AND SUPPLY RELATIONSHIP  IN  ORDER  TO 
STABILIZE  THE MARKET PRICES OF IMPORTANT [AND/OR] ESSENTIAL 
GOODS  AND SERVICES, CONTROL INFLATION, STABILIZE THE SOCIO- 
ECONOMIC  CONDITION,  AND  PROTECT  THE  LEGAL  RIGHTS   AND 
INTERESTS  OF  BUSINESS  AND  PRODUCTION  ORGANIZATIONS  AND 
INDIVIDUALS AND OF THE CONSUMERS, AND PROTECT THE  INTERESTS 
OF  THE  STATE,  HENCE CONTRIBUTING TO THE ENCOURAGEMENT  OF 
INVESTMENT AND DEVELOPMENT. 
 
ARTICLE 6:     MEASURES FOR STABILIZING PRICES 
 
¶1. IN THE EVENT THAT THE MARKET PRICES OF IMPORTANT [OR] 
ESSENTIAL GOODS [OR] SERVICES SUFFER AN EXTRAORDINARY 
FLUCTUATION, THE STATE MAY ADOPT THE FOLLOWING MEASURES TO 
STABILIZE THE PRICES: 
 
(A) TO ADJUST THE SUPPLY AND DEMAND OF DOMESTIC, IMPORTED 
AND EXPORTED GOODS; AND GOODS [EXCHANGED] AMONG LOCALITIES 
AND REGIONS IN THE COUNTRY; 
 
(B) TO PURCHASE OR SELL RESERVED GOODS; 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  02 OF 10  150933Z 
 
(C) TO CONTROL GOODS IN STOCK; 
 
(D) TO STIPULATE MAXIMUM AND MINIMUM PRICES AND PRICE 
BRACKET SCHEDULES; 
 
(E) TO CONTROL FACTORS CONSTITUTING PRICES; AND 
 
(F) TO PROVIDE SUBSIDIES TO AGRICULTURAL PRODUCTS WHEN 
[THEIR] MARKET PRICES DECLINE TOO LOW THUS CAUSING DAMAGE TO 
THE PRODUCERS; TO PROVIDE PRICE SUBSIDIES TO OTHER IMPORTANT 
[AND/OR] ESSENTIAL GOODS AND SERVICES. 
 
¶2.  THE AUTHORITY OF, FORMALITIES FOR, AND PERIOD OF 
APPLICATION OF, AND THE KINDS OF GOODS [AND/OR] SERVICES 
ELIGIBLE FOR THE APPLICATION OF, THE MEASURES PROVIDED FOR 
IN CLAUSE 1 OF THIS ARTICLE ARE PRESCRIBED BY THE 
GOVERNMENT. 
 
¶3.  ORGANIZATIONS AND INDIVIDUALS THAT PRODUCE AND/OR DO 
BUSINESS IN IMPORTANT [AND/OR] ESSENTIAL GOODS [AND/OR] 
SERVICES ARE RESPONSIBLE FOR CARRYING OUT THE RELEVANT 
MEASURES PROVIDED FOR IN CLAUSE 1 OF THIS ARTICLE IN ORDER 
TO ASSIST IN THE STABILIZATION OF PRICES. 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0587 
 
PAGE 01        HANOI  01769  03 OF 10  150934Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
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      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB2338  150934Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7008 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 03 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
SECTION 2: PRICE SETTING AND AGREEMENT [MEETINGS] ON PRICES 
 
ARTICLE 7:     ASSETS, GOODS AND SERVICES THE PRICES OF 
WHICH ARE SET BY THE GOVERNMENT 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  03 OF 10  150934Z 
 
¶1. ASSETS, GOODS AND SERVICES THE PRICES OF WHICH ARE SET BY 
THE GOVERNMENT INCLUDE: 
 
(A) LAND, WATER BODIES, AND IMPORTANT [NATURAL] RESOURCES; 
 
(B) ASSETS OF THE STATE FOR SALE OR LEASE; 
 
(C) EXCLUSIVE GOODS AND SERVICES; AND 
 
(D) GOODS AND SERVICES THAT ARE IMPORTANT TO THE NATIONAL 
PLANS AND PEOPLE'S LIFE. 
 
¶2. THE STATE SETS THE PRICES FOR THE ASSETS, GOODS AND 
SERVICES PROVIDED FOR IN CLAUSE 1 OF THIS ARTICLE VIA THE 
FOLLOWING FORMS: 
 
(A)  SPECIFIC PRICE; 
 
(B)  STANDARD PRICE; 
 
(C)  PRICE BRACKET; AND 
 
(D)  MAXIMUM OR MINIMUM PRICE. 
 
¶3. THE GOVERNMENT SETS FORTH A SPECIFIC LIST OF ASSETS, 
GOODS AND SERVICES THE PRICES OF WHICH ARE SET BY THE 
GOVERNMENT AS PROVIDED FOR IN CLAUSE 1 OF THIS ARTICLE, AND 
THE APPLICATION OF THE PRICE SETTING FORMS PROVIDED IN 
CLAUSE 2 OF THIS ARTICLE, FROM TIME TO TIME. 
 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  03 OF 10  150934Z 
ARTICLE 8:     BASIS FOR SETTING A PRICE 
 
THE  STATE  SETS PRICES FOR THE ASSETS, GOODS  AND  SERVICES 
PROVIDED FOR IN ARTICLE 7 OF THIS ORDINANCE BASED ON [THEIR] 
PRODUCTION   AND  CIRCULATION  COSTS,  SUPPLY   AND   DEMAND 
RELATIONSHIP,  BUYING  POWER  OF  THE  VIETNAMESE  CURRENCY, 
DOMESTIC  AND INTERNATIONAL MARKET PRICES, AND THE  POLICIES 
ON SOCIO-ECONOMIC DEVELOPMENT FROM TIME TO TIME. 
 
ARTICLE 9:     AUTHORITIES TO SET PRICES 
 
¶1.    THE  AUTHORITIES  TO  SET  PRICES  ARE  STIPULATED  AS 
FOLLOWS: 
 
A) THE GOVERNMENT DECIDES ON THE PRICES OF ESPECIALLY 
IMPORTANT ASSETS, GOODS AND SERVICES THAT HAVE AN INFLUENCE 
ON THE SOCIO-ECONOMIC DEVELOPMENT OF THE WHOLE COUNTRY. 
 
B) THE PRIME MINISTER OF THE GOVERNMENT DECIDES ON THE 
PRICES FOR IMPORTANT ASSETS, GOODS AND SERVICES THAT HAVE AN 
INFLUENCE ON THE SOCIO-ECONOMIC DEVELOPMENT OF MANY 
INDUSTRIES; 
 
C) THE MINISTERS AND HEADS OF MINISTERIAL-LEVEL AUTHORITIES 
DECIDE ON THE PRICES OF ASSETS, GOODS AND SERVICES THAT HAVE 
A SUBSTANTIAL INFLUENCE ON THE SOCIO-ECONOMIC DEVELOPMENT OF 
THEIR OWN INDUSTRIES; AND 
 
D) PEOPLE'S COMMITTEES OF PROVINCES AND CITIES DIRECTLY 
UNDER THE CENTRAL AUTHORITY DECIDE ON THE PRICES OF ASSETS, 
GOODS AND SERVICES THAT HAVE A SUBSTANTIAL INFLUENCE ON THE 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  03 OF 10  150934Z 
SOCIO-ECONOMIC DEVELOPMENT IN THEIR OWN LOCALITY. 
 
¶2.  THE GOVERNMENT SETS FORTH SPECIFIC PROVISIONS ON THE 
PRICE SETTING AUTHORITY PROVIDED FOR IN CLAUSE 1 OF THIS 
ARTICLE. 
 
ARTICLE 10:    MAKING ADJUSTMENTS TO THE PRICES SET BY THE 
GOVERNMENT 
 
¶1.  THE COMPETENT PRICE SETTING STATE AUTHORITY MUST ADJUST, 
IN A TIMELY MANNER, THE PRICES OF THE ASSETS, GOODS AND 
SERVICES THAT FALL UNDER THE LIST OF THOSE FOR WHICH THE 
STATE SETS PRICES WHEN THE FACTORS CONSTITUTING THE DOMESTIC 
AND INTERNATIONAL PRICES, THUS AFFECTING PRODUCTION AND 
[PEOPLE'S] LIFE. 
 
¶2.  ORGANIZATIONS AND INDIVIDUALS HAVE THE RIGHT TO PROPOSE 
THAT THE COMPETENT PRICE SETTING STATE AUTHORITY ADJUSTS 
PRICES IN ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
ARTICLE 11:    AGREEMENT [MEETINGS] ON PRICES 
 
THE AUTHORITY COMPETENT FOR STATE ADMINISTRATION OVER PRICES 
ORGANIZES AGREEMENT [MEETINGS] ON PRICES BETWEEN SELLERS AND 
BUYERS WITH RESPECT TO IMPORTANT GOODS AND SERVICES THAT ARE 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0591 
 
PAGE 01        HANOI  01769  04 OF 10  150934Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB2347  150934Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7009 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 04 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
 
OF  AN  EXCLUSIVE NATURE IN TERMS OF SALE AND  PURCHASE  AND 
THAT  DO  NOT  FALL UNDER THE STATE PRICE-SETTING  SCOPE  AS 
PROVIDED  FOR IN ARTICLE 7 OF THIS ORDINANCE AT THE  REQUEST 
OF THE [CONCERNED] SELLERS [OR] BUYERS, OR AT THE REQUEST OF 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  04 OF 10  150934Z 
THE PRIME MINISTER OF THE GOVERNMENT, A MINISTER, A HEAD  OF 
A MINISTERIAL-LEVEL AUTHORITY, OR A CHAIRMAN OF THE PEOPLE'S 
COMMITTEE  OF A PROVINCE OR CITY DIRECTLY UNDER THE  CENTRAL 
AUTHORITY. 
 
ARTICLE 12:    RESULT OF AN AGREEMENT [MEETING] ON PRICES 
 
¶1.  THE RESULT OF AN AGREEMENT [MEETING] ON PRICES AS AGREED 
UPON BY THE PARTIES WILL BE ANNOUNCED BY THE AUTHORITY 
COMPETENT FOR STATE ADMINISTRATION OVER PRICES FOR 
IMPLEMENTATION PURPOSES. 
 
¶2. IN THE EVENT THAT THE PARTIES ARE STILL UNABLE TO REACH 
AN AGREEMENT ON A PRICE LEVEL AFTER AN AGREEMENT [MEETING] 
ON PRICES HAS BEEN HELD, THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES WILL DETERMINE A TEMPORARY PRICE 
FOR THE PARTIES TO IMPLEMENT, AND WHICH PRICE IS EFFECTIVE 
UNTIL THE PARTIES ARE ABLE TO REACH AN AGREEMENT ON THE 
PRICE LEVEL, IN ORDER TO SERVICE BUSINESS AND PRODUCTION 
ACTIVITIES IN A TIMELY MANNER. 
 
SECTION 3: PRICE APPRAISAL 
 
ARTICLE 13:    STATE ASSETS THE PRICES OF WHICH MUST BE 
APPRAISED 
 
¶1.    STATE  ASSETS  THE PRICES OF WHICH MUST  BE  APPRAISED 
INCLUDE: 
 
(A) ASSETS THAT ARE PURCHASED USING PARTLY OR WHOLLY THE 
FUNDS OBTAINED FROM THE STATE BUDGET; 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  04 OF 10  150934Z 
 
(B) STATE ASSETS THAT ARE LEASED OUT, TRANSFERRED, SOLD, 
CONTRIBUTED AS CAPITAL, [OR] DISPOSED IN OTHER FORMS OF 
TRANSFER OF RIGHTS; 
 
(C) ASSETS OF STATE ENTERPRISES THAT ARE LEASED OUT, 
TRANSFERRED, SOLD, CONTRIBUTED AS CAPITAL, UNDERGONE A 
EQUITIZATION OR DISSOLUTION, [OR] DISPOSED IN OTHER FORMS OF 
CONVERSION; AND 
 
(D) OTHER ASSETS OF THE STATE THE PRICES OF WHICH MUST BE 
APPRAISED UNDER THE PROVISIONS OF LAW. 
 
THE GOVERNMENT STIPULATES THE VALUE LEVELS OF THE STATE 
ASSETS FALLING UNDER THIS CLAUSE THAT ARE SUBJECT TO A PRICE 
APPRAISAL. 
 
¶2. THE STATE ASSETS THE PRICES OF WHICH MUST BE APPRAISED AS 
PROVIDED FOR IN CLAUSE 1 OF THIS ARTICLE DO NOT NECESSARILY 
HAVE TO UNDERGO A PRICE APPRAISAL IF THEY HAVE UNDERGONE A 
TENDER OR GONE THROUGH THE PRICE DETERMINATION COUNCIL. 
 
ARTICLE 14:    PRICE APPRAISAL ENTERPRISES 
 
¶1. PRICE APPRAISAL ENTERPRISES INCLUDE STATE ENTERPRISES AND 
ENTERPRISES IN ANY OTHER ECONOMIC SECTOR.  THE GOVERNMENT 
SETS FORTH REGULATIONS ON THE ORGANIZATIONAL FORM AND 
CONDITIONS FOR ESTABLISHING A PRICE APPRAISAL ENTERPRISE. 
 
¶2. ORGANIZATIONS AND INDIVIDUALS THAT MEET FULLY THE 
CONDITIONS UNDER THE REGULATIONS OF THE GOVERNMENT MAY 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  04 OF 10  150934Z 
ESTABLISH A PRICE APPRAISAL ENTERPRISE. 
 
ARTICLE 15:    ACTIVITIES OF A PRICE APPRAISAL ENTERPRISE 
 
¶1. A PRICE APPRAISAL ENTERPRISE CONDUCTS APPRAISALS OF ASSET 
PRICES IN THE INSTANCES PROVIDED FOR IN ARTICLE 13 OF THIS 
ORDINANCE, AND OTHER ASSETS, AT THE REQUEST OF A STATE 
AUTHORITY, ORGANIZATION [OR] INDIVIDUAL. 
 
¶2.  THE ACTIVITY OF PRICE APPRAISAL OF THE ENTERPRISE IS 
CARRIED OUT UNDER A CONTRACT EXECUTED WITH THE STATE 
AUTHORITY, ORGANIZATION OR INDIVIDUAL THAT IS IN NEED OF THE 
PRICE APPRAISAL. 
 
ARTICLE 16:    QUALIFICATIONS OF A PRICE APPRAISER 
 
¶1.  AN INDIVIDUAL WHO MAY BE RECOGNIZED AS A PRICE APPRAISER 
MUST HAVE THE FOLLOWING QUALIFICATIONS: 
 
A) HE/SHE MUST BE A VIETNAMESE CITIZEN; 
 
B) HE/SHE HOLDS A SPECIALIZED UNIVERSITY DEGREE RELATING TO 
PRICE APPRAISAL WORK; 
 
C) HE/SHE HOLDS A CERTIFICATION ISSUED BY A COMPETENT 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0595 
 
PAGE 01        HANOI  01769  05 OF 10  150934Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB235A  150934Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7010 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 05 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
AUTHORITY EVIDENCING THAT HE/SHE HAS UNDERGONE A SPECIALIZED 
PROFESSIONAL TRAINING FOR PRICE APPRAISAL; AND 
 
D) HE/SHE HAS WORKED CONTINUOUSLY FOR 3 YEARS OR MORE IN THE 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  05 OF 10  150934Z 
SPECIALIZED AREA WHICH HE/SHE HAS BEEN TRAINED FOR. 
 
¶2. AN INDIVIDUAL WHO MEETS FULLY THE QUALIFICATIONS PROVIDED 
FOR IN CLAUSE 1 OF THIS ARTICLE MAY BE CONSIDERED BY THE 
CENTRAL AUTHORITY COMPETENT FOR STATE ADMINISTRATION OVER 
PRICES FOR THE ISSUANCE OF A PRICE APPRAISER CARD. 
 
ARTICLE 17:    RESULT OF A PRICE APPRAISAL 
 
THE RESULT OF A PRICE APPRAISAL CONDUCTED BY A PRICE 
APPRAISAL ENTERPRISE MUST BE MADE IN WRITING AND MAY ONLY BE 
USED FOR THE PURPOSES STATED IN THE [RELEVANT] CONTRACT. 
THE PRICE APPRAISAL RESULT MAY BE USED AS ONE OF THE BASES 
FOR CONSIDERING AN APPROVAL OF PAYMENT FROM THE STATE 
BUDGET, TAX COMPUTATION, DETERMINATION OF THE VALUE OF THE 
ASSET PLACED AS A SECURITY FOR OBTAINING A BANK LOAN, 
PURCHASE OF INSURANCE, LEASE, TRANSFER, SALE, CAPITAL 
CONTRIBUTION, AND ENTERPRISE SECURITIZATION AND DISSOLUTION, 
AND FOR OTHER PURPOSES AS STATED IN THE PRICE APPRAISAL 
CONTRACT. 
 
ARTICLE  18:    RIGHTS AND OBLIGATIONS OF A PRICE  APPRAISAL 
ENTERPRISE 
 
A  PRICE  APPRAISAL ENTERPRISE HAS THE FOLLOWING RIGHTS  AND 
OBLIGATIONS: 
 
¶1. TO REQUEST THE AUTHORITY, ORGANIZATION [OR] INDIVIDUAL 
REQUESTING A PRICE APPRAISAL TO PROVIDE DATA AND DOCUMENTS 
RELEVANT FOR THE PRICE APPRAISAL; 
 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  05 OF 10  150934Z 
¶2. TO CHARGE A FEE FOR THE PRICE APPRAISAL SERVICE IN 
ACCORDANCE WITH THE AGREEMENT THEREON IN THE CONTRACT; 
 
¶3. TO BE LIABLE BEFORE THE LAW FOR THE RESULT OF ITS PRICE 
APPRAISAL.  IN THE EVENT THAT THE PRICE APPRAISAL RESULT IS 
NOT CORRECT THUS CAUSING DAMAGE TO THE [CONCERNED] STATE 
AUTHORITY, ORGANIZATION OR INDIVIDUAL, COMPENSATION MUST BE 
PAID IN ACCORDANCE WITH THE PROVISIONS OF LAW; AND 
 
¶4. OTHER RIGHTS AND OBLIGATIONS UNDER THE PROVISIONS OF LAW. 
 
SECTION 4:  CONTROL OF EXCLUSIVE PRICES 
 
ARTICLE 19:    STATE CONTROL OF EXCLUSIVE PRICES 
 
IN  NECESSARY  CIRCUMSTANCES, THE  AUTHORITY  COMPETENT  FOR 
STATE ADMINISTRATION OVER PRICES WILL PROCEED WITH A CONTROL 
OF  THE  COSTS  OF PRODUCTION AND CIRCULATION  OF,  AND  THE 
PRICES   OF,   GOODS  AND  SERVICES  OF  ORGANIZATIONS   AND 
INDIVIDUALS WHEN IT DISCOVERS A MANIFESTATION OF ASSOCIATION 
FOR  PRICE  EXCLUSIVITY,  OR  WHEN  IT  NEEDS  TO  REVIEW  A 
FORMATION OF EXCLUSIVE PRICES. 
 
ARTICLE 20:    RESPONSIBILITIES OF BUSINESS [AND/OR] 
PRODUCTION ORGANIZATIONS AND INDIVIDUALS UPON RECEIPT OF A 
REQUEST OF CONTROL OF EXCLUSIVE PRICES 
 
BUSINESS  [AND/OR] PRODUCTION ORGANIZATION  AND  INDIVIDUALS 
UPON RECEIPT OF A REQUEST OF CONTROL OF EXCLUSIVE PRICES ARE 
RESPONSIBLE FOR MAKING FULL AND ACCURATE REPORTS IN A TIMELY 
MANNER  ON THE DATA AND DOCUMENTS RELEVANT TO THE  COSTS  OF 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  05 OF 10  150934Z 
PRODUCTION AND CIRCULATION OF, AND THE PRICES OF, THE  GOODS 
AND  SERVICES  IN THEIR EXCLUSIVITY IN ACCORDANCE  WITH  THE 
REQUEST  OF THE AUTHORITY COMPETENT FOR STATE ADMINISTRATION 
OVER PRICES. 
 
ARTICLE 21:    POWERS AND RESPONSIBILITIES OF THE AUTHORITY 
COMPETENT FOR STATE ADMINISTRATION OVER PRICES 
 
IN CONTROLLING EXCLUSIVE PRICES, THE AUTHORITY COMPETENT FOR 
STATE  ADMINISTRATION OVER PRICES HAS THE  FOLLOWING  POWERS 
AND RESPONSIBILITIES: 
 
¶1. TO CEASE THE EXERCISE OF PRICE DETERMINATION BY THE 
ORGANIZATION OR INDIVIDUAL ENGAGING IN AN ASSOCIATION FOR 
PRICE EXCLUSIVITY FOR [THEIR] GOODS AND SERVICES; 
 
¶2. TO REQUEST THAT THE ORGANIZATION OR INDIVIDUAL ENGAGING 
IN AN ASSOCIATION FOR PRICE EXCLUSIVITY MUST SELL AND/OR 
PURCHASE IN STRICT ACCORDANCE WITH THE SELLING AND/OR 
PURCHASING PRICES PRIOR TO THEIR ENGAGEMENT IN THE 
ASSOCIATION FOR PRICE EXCLUSIVITY.  IN THE EVENT THAT THE 
SELLING AND/OR BUYING PRICES REQUIRE AN ADJUSTMENT, THE 
[CONCERNED] ORGANIZATION OR INDIVIDUAL MUST PREPARE A PRICE 
PLAN FOR SUBMISSION TO THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES FOR CONSIDERATION AND DECISION; 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0599 
 
PAGE 01        HANOI  01769  06 OF 10  150935Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB2370  150935Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7011 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 06 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
¶3. TO MAKE A DECISION ON PRICES WITHIN THE PRESCRIBED TIME 
PERIOD ON THE BASIS OF THE PRICE PLAN SUBMITTED OR PROPOSED 
BY THE [CONCERNED] BUSINESS OR PRODUCTION ORGANIZATION OR 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  06 OF 10  150935Z 
INDIVIDUAL TO THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES FOR A SUITABLE PRICE ADJUSTMENT; 
AND 
 
¶4.  TO HANDLE VIOLATIONS OF THE LAWS CONCERNING PRICES IN 
ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
SECTION 5: COMBAT AGAINST DUMPING SALES 
 
ARTICLE 22:    PROHIBITION OF DUMPING SALE 
 
BUSINESS  AND  PRODUCTION ORGANIZATIONS AND INDIVIDUALS  ARE 
PROHIBITED FROM COMMITTING ACTS OF DUMPING SALE. 
 
ARTICLE 23:    ACTS THAT ARE NOT DEEMED ACT OF DUMPING SALE 
 
¶1.   THE FOLLOWING ACTS ARE NOT DEEMED ACT OF DUMPING SALE 
 
A)   PRICE REDUCTION FOR LIVE AND FRESH GOODS; 
 
B) PRICE REDUCTION FOR GOODS IN STOCK THAT ARE OF INFERIOR 
QUALITY, OBSOLETE IN TERMS OF APPEARANCE, OR NO LONGER 
SUITABLE FOR THE CONSUMERS' TASTE; 
 
C) PRICE REDUCTION FOR SEASONAL GOODS; 
 
D) PRICE REDUCTION FOR GOODS IN ORDER TO PROMOTE THEIR SALES 
IN ACCORDANCE WITH THE PROVISIONS OF LAW; AND 
 
E) PRICE REDUCTION FOR GOODS IN THE EVENT OF BANKRUPTCY, 
DISSOLUTION, TERMINATION OF BUSINESS AND/OR PRODUCTION 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  06 OF 10  150935Z 
ACTIVITIES, CHANGE OF LOCATION, AND SHIFT IN BUSINESS AND/OR 
PRODUCTION OPERATIONS. 
 
¶2.  THE CIRCUMSTANCES OF PRICE REDUCTION PROVIDED FOR IN 
CLAUSE 1 OF THIS ARTICLE MUST BE POSTED IN AN EXPRESS AND 
OVERT MANNER AT THE SHOPS OR BUSINESS PLACES IN TERMS OF THE 
PREVIOUS PRICES, NEW PRICES AND PERIOD OF REDUCTION. 
 
ARTICLE 24:    COMPLAINTS AGAINST AND REPORTS OF ACTS OF 
DUMPING SALE 
 
ORGANIZATIONS  AND INDIVIDUALS HAVE THE  RIGHT  TO  LODGE  A 
COMPLAINT  AGAINST  OR REPORT OF ACTS  OF  DUMPING  SALE  IN 
ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
ARTICLE 25:    INVESTIGATION INTO AND HANDLING OF AN ACT OF 
DUMPING SALE 
 
¶1. UPON RECEIPT OF A LETTER COMPLAINING AGAINST, OR 
REPORTING OF, AN ACT OF DUMPING SALE, OR UPON DISCOVERY OF 
AN ACT OF DUMPING SALE, THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES MUST ORGANIZE AN INVESTIGATION 
INTO THE ACT OF DUMPING SALE. 
 
¶2. ASPECTS OF AN INVESTIGATION INTO AN ACT OF DUMPING SALE: 
 
A) TO VERIFY THE ACT OF DUMPING SALE; AND 
 
B) TO IDENTIFY THE DAMAGE CAUSED BY THE ACT OF DUMPING SALE 
TO THE LEGAL INTERESTS OF OTHER BUSINESS AND PRODUCTION 
ORGANIZATIONS AND INDIVIDUALS, AND THE INTERESTS OF THE 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  06 OF 10  150935Z 
STATE. 
 
¶3. BASED ON THE RESULT OF THE INVESTIGATION, THE AUTHORITY 
COMPETENT FOR STATE ADMINISTRATION OVER PRICES HAS TO 
AUTHORITY, OR PROPOSES THE COMPETENT AUTHORITY, TO HANDLE 
SUCH ACT OF DUMPING SALE, IN ACCORDANCE WITH THE PROVISIONS 
OF LAW . 
 
ARTICLE 26:    MEASURES FOR HANDLING ACTS OF DUMPING SALE 
 
¶1. DETERMINATION OF A MINIMUM PRICE WITHOUT LIMITING LAWFUL 
COMPETITION [AND] CAUSING INJURY TO THE CONSUMERS' LEGAL 
INTERESTS AND THE INTERESTS OF THE STATE. 
 
¶2. HANDLING OF THE VIOLATION USING ADMINISTRATIVE MEASURES. 
 
¶3. THE [CONCERNED] BUSINESS AND/OR PRODUCTION ORGANIZATION 
OR INDIVIDUAL IS COMPELLED TO PAY COMPENSATION TO BUSINESS 
AND/OR PRODUCTION ORGANIZATIONS AND INDIVIDUALS SUFFERING 
LOSSES CAUSED BY THE ACT OF DUMPING SALE. 
 
¶4. THE PERSON COMMITTING AN ACT OF DUMPING SALE THAT 
MANIFESTS A CRIME COMMISSION WILL BE PUT UNDER INVESTIGATION 
FOR CRIMINAL LIABILITY IN ACCORDANCE WITH THE PROVISIONS OF 
LAW. 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0603 
 
PAGE 01        HANOI  01769  07 OF 10  150935Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB237D  150935Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7012 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 07 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
CHAPTER III 
PRICING ACTIVITIES OF BUSINESS AND PRODUCTION 
ORGANIZATIONS AND INDIVIDUALS 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  07 OF 10  150935Z 
 
ARTICLE 27:    PRICE SETTING BY BUSINESS AND PRODUCTION 
ORGANIZATIONS AND INDIVIDUALS 
 
BUSINESS  AND  PRODUCTION ORGANIZATIONS AND INDIVIDUALS  SET 
THE  PRICES FOR THEIR GOODS AND SERVICES IN ACCORDANCE  WITH 
THE   PROVISIONS  OF  THIS  ORDINANCE  AND  OTHER   RELEVANT 
STATUTORY INSTRUMENTS. 
 
ARTICLE 28:    PROHIBITED ACTS 
 
BUSINESS  AND  PRODUCTION ORGANIZATIONS AND INDIVIDUALS  ARE 
PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTS: 
 
¶1. TO COLLUDE WITH ANOTHER BUSINESS AND/OR PRODUCTION 
ORGANIZATION AND/OR INDIVIDUAL TO ENTER INTO AN ASSOCIATION 
FOR PRICE EXCLUSIVITY THEREBY CAUSING INJURY TO THE LEGAL 
INTERESTS OF OTHER BUSINESS AND/OR PRODUCTION ORGANIZATIONS 
AND/OR INDIVIDUALS AND THE CONSUMERS, AND THE INTERESTS OF 
THE STATE; 
 
¶2.  TO CONDUCT A DUMPING SALE OF GOODS AND/OR SERVICES; 
 
¶3.  TO FALSIFY OR DISSEMINATE NEWS, WITHOUT A BASIS, ON A 
PRICE REDUCTION OR INCREASE, THEREBY CAUSING INJURY TO THE 
LEGAL INTERESTS OF OTHER BUSINESS AND/OR PRODUCTION 
ORGANIZATIONS AND/OR INDIVIDUALS AND THE CONSUMERS, AND THE 
INTERESTS OF THE STATE; 
 
¶4.  TO SET AN INCORRECT PRICE IN ORDER TO DECEIVE THE 
CONSUMERS OR THE ORGANIZATIONS AND/OR INDIVIDUALS THAT HAVE 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  07 OF 10  150935Z 
ENTERED INTO A BUSINESS AND/OR PRODUCTION CO-OPERATION WITH 
THEM; 
 
¶5.  TO INCREASE OR REDUCE PRICES FALSELY BY MEANS OF 
CHANGING THE QUANTITY, QUALITY AND/OR LOCATION OF DELIVERY 
OR RECEIPT OF GOODS AND/OR SERVICES; 
 
¶6.  TO TAKE ADVANTAGES OF AN ACT OF GOD, ACT OF PUBLIC 
ENEMY, OR ANOTHER EXTRAORDINARY EVENT TO SPECULATE FOR A 
INCREASE IN PRICES OR FIXING OF PRICES(1); AND 
 
¶7.  OTHER ACTS PRESCRIBED UNDER THE PROVISIONS OF LAW. 
 
ARTICLE 29:    PRICE QUOTATION 
 
¶1. BUSINESS AND PRODUCTION ORGANIZATIONS AND INDIVIDUALS 
MUST HAVE PRICE QUOTATIONS FOR GOODS AND SERVICES AT THEIR 
SHOPS AND BUSINESS PLACES WHERE GOODS AND SERVICES ARE 
PURCHASED OR SOLD, OR PROVIDED RESPECTIVELY.  A PRICE 
QUOTATION MUST BE CLEAR WITHOUT CAUSING CONFUSION TO 
CUSTOMERS. 
 
¶2. WITH RESPECT TO GOODS AND SERVICES THE PRICES OF WHICH 
ARE SET BY THE STATE, THE [CONCERNED] BUSINESS AND 
_______________________________ 
PRODUCTION ENTERPRISES AND INDIVIDUALS MUST CORRECTLY QUOTE 
THE PRICES SET BY THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES, AND BUY AND SELL IN STRICT 
ACCORDANCE WITH THE QUOTED PRICES. 
 
¶3. WITH RESPECT TO GOODS AND SERVICES THAT DO NOT FALL UNDER 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  07 OF 10  150935Z 
THE  LIST  OF  THOSE FOR WHICH THE STATE SETS PRICES,  THEIR 
PRICES   ARE  QUOTED  ACCORDING  THE  PRICES  SET   BY   THE 
[CONCERNED]   BUSINESS  AND/OR  PRODUCTION   ENTERPRISE   OR 
INDIVIDUAL. 
 
ARTICLE 30:    RIGHTS AND OBLIGATIONS OF BUSINESS AND 
PRODUCTION ORGANIZATIONS AND INDIVIDUALS IN PRICING 
 
¶1. BUSINESS AND PRODUCTION ORGANIZATIONS AND INDIVIDUALS 
HAVE THE FOLLOWING RIGHTS: 
 
A) TO DECIDE ON THE SELLING AND BUYING PRICES FOR GOODS AND 
SERVICES, EXCEPT FOR GOODS AND SERVICES THAT FALL UNDER THE 
LIST OF THOSE FOR WHICH THE STATE SETS PRICES; 
 
B) TO DECIDE ON THE PRICES OF GOODS AND SERVICES WITHIN THE 
PRICE BRACKET SCHEDULE AND PRICE LIMIT PRESCRIBED BY THE 
COMPETENT STATE AUTHORITY; 
 
C) TO LODGE A COMPLAINT AGAINST A PRICE DECISION OF THE 
COMPETENT STATE AUTHORITY WHICH CAUSES INJURY TO THEIR LEGAL 
INTERESTS; 
 
D) TO LODGE A COMPLAINT AGAINST, OR REPORT ON, ACTS OF 
VIOLATION OF THE LAWS CONCERNING PRICES; AND 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0607 
 
PAGE 01        HANOI  01769  08 OF 10  150935Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB2396  150935Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7013 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 08 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
E) TO REQUEST ORGANIZATIONS AND INDIVIDUALS TO PAY 
COMPENSATION IN ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  08 OF 10  150935Z 
¶2. BUSINESS AND PRODUCTION ENTERPRISES AND INDIVIDUALS HAVE 
THE FOLLOWING OBLIGATIONS: 
 
A) TO MAKE A PRICE PLAN FOR GOODS AND SERVICES THAT FALL 
UNDER THE LIST OF THOSE FOR WHICH THE STATE SETS PRICES FOR 
SUBMISSION TO THE COMPETENT STATE AUTHORITY FOR DECISION, 
AND COMPLY WITH THE PRICES AS DECIDED; 
 
B) TO PROVIDE INFORMATION ON THE PRICES OF, AND DECISIONS ON 
THE PRICES FOR, THE GOODS AND SERVICES PRODUCED BY THEM OR 
IN WHICH THEY ARE DOING BUSINESS THAT THEY HAVE SET, IN 
ACCORDANCE WITH THE REQUEST OF THE AUTHORITY COMPETENT FOR 
STATE ADMINISTRATION OVER PRICES; 
 
C) TO COMPLY WITH THE MEASURES ADOPTED BY THE STATE FOR THE 
PURPOSES OF STABILIZING THE MARKET PRICES AS PROVIDED FOR IN 
THIS ORDINANCE; 
 
D) TO PAY COMPENSATION FOR DAMAGES RESULTING FROM THEIR ACTS 
OF VIOLATION OF THE LAWS CONCERNING PRICES IN ACCORDANCE 
WITH THE PROVISIONS OF LAW; AND 
 
E) OTHER OBLIGATIONS UNDER THE PROVISIONS OF LAW. 
 
CHAPTER IV 
STATE ADMINISTRATION OVER PRICES 
 
SECTION 1: ASPECTS AND AUTHORITY OF 
STATE ADMINISTRATION OVER PRICES 
 
ARTICLE 31:    ASPECTS OF STATE ADMINISTRATION OVER PRICES 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  08 OF 10  150935Z 
 
¶1. TO STUDY, FORMULATE, AND ORGANIZE THE IMPLEMENTATION OF 
POLICIES AND MEASURES CONCERNING PRICES IN ACCORDANCE WITH 
THE SOCIO-ECONOMIC DEVELOPMENT REQUIREMENTS FROM TIME TO 
TIME; 
 
¶2. TO PROMULGATE STATUTORY INSTRUMENTS CONCERNING PRICES; 
 
¶3. TO DECIDE ON THE PRICES FOR IMPORTANT GOODS AND SERVICES, 
AND EXCLUSIVE GOODS AND SERVICES; 
 
¶4. TO SET FORTH QUALIFICATIONS FOR PRICE APPRAISERS; TO 
ORGANIZE TRAININGS FOR MANAGERIAL OFFICERS AND PRICE 
APPRAISAL WORK; AND TO ISSUE AND REVOKE PRICE APPRAISER 
CARDS; 
 
¶5. TO CONTROL EXCLUSIVE PRICES AND COMBAT AGAINST DUMPING 
SALES; 
 
¶6. TO COLLECT, ANALYZE, AND PROVIDE INFORMATION AND 
FORECASTS ON THE DOMESTIC AND INTERNATIONAL MARKET PRICES; 
 
¶7.  TO ORGANIZE AND ADMINISTER THE TASKS OF SCIENTIFIC 
RESEARCH, INTERNATIONAL CO-OPERATION, TRAININGS, AND 
WORKSHOPS FOR OFFICIALS WORKING IN THE PRICE AREA; AND 
 
¶8.  TO CONDUCT CHECKS AND INSPECTIONS; TO RESOLVE COMPLAINTS 
AND REPORTS; AND TO HANDLE VIOLATIONS OF THE LAWS CONCERNING 
PRICES. 
 
ARTICLE 32:    AUTHORITIES COMPETENT FOR STATE 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  08 OF 10  150935Z 
ADMINISTRATION OVER PRICES 
 
¶1. THE GOVERNMENT OVERSEES UNIFORM STATE ADMINISTRATION OVER 
PRICES ON A NATIONWIDE BASIS. 
 
¶2. THE AUTHORITY COMPETENT FOR STATE ADMINISTRATION OVER 
PRICES IS RESPONSIBLE BEFORE THE GOVERNMENT FOR EFFECTING 
STATE ADMINISTRATION OVER PRICES. 
 
¶3. MINISTRIES AND MINISTERIAL-LEVEL AUTHORITIES, WITHIN 
THEIR SCOPE OF DUTIES AND AUTHORITY, ARE RESPONSIBLE FOR CO- 
COORDINATING WITH THE AUTHORITY COMPETENT FOR STATE 
ADMINISTRATION OVER PRICES IN PERFORMING THE FUNCTION OF 
STATE ADMINISTRATION OVER PRICES WITHIN THEIR OWN BRANCHES 
IN ACCORDANCE WITH THE PRICE ADMINISTRATION AUTHORITY 
DELEGATED BY THE GOVERNMENT. 
 
¶4. PEOPLE'S COMMITTEES OF PROVINCES AND CITIES DIRECTLY 
UNDER THE CENTRAL AUTHORITY, WITHIN THEIR SCOPE OF DUTIES 
AND AUTHORITY, ARE RESPONSIBLE FOR PERFORMING THE FUNCTION 
OF STATE ADMINISTRATION OVER PRICES WITHIN THEIR OWN 
LOCALITY IN ACCORDANCE WITH THE PRICE ADMINISTRATION 
AUTHORITY DELEGATED BY THE GOVERNMENT. 
 
ARTICLE 33:    ORGANIZATIONAL STRUCTURE OF THE AUTHORITY IN 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0612 
 
PAGE 01        HANOI  01769  09 OF 10  150936Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB23AF  150936Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7014 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 09 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
CHARGE OF STATE ADMINISTRATION OVER PRICES 
 
THE   GOVERNMENT   PRESCRIBES  THE  ORGANIZATIONAL   SYSTEM, 
FUNCTIONS, DUTIES, AND POWERS OF THE AUTHORITY IN CHARGE  OF 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  09 OF 10  150936Z 
STATE ADMINISTRATION OVER PRICES. 
 
SECTION 2:  PRICE-RELATED CHECKS AND INSPECTIONS 
 
ARTICLE 34:    BRANCH-SPECIFIC PRICE INSPECTIONS 
 
¶1. THE AUTHORITY IN CHARGE OF STATE ADMINISTRATION OVER 
PRICES PERFORMS THE FUNCTION OF BRANCH-SPECIFIC PRICE 
INSPECTIONS. 
 
¶2.  BRANCH-SPECIFIC PRICE INSPECTORS CONDUCT CHECKS AND 
INSPECTIONS ON THE COMPLIANCE BY ORGANIZATIONS AND 
INDIVIDUALS OF THE PROVISIONS OF THE LAWS CONCERNING PRICES 
AND THE PROVISIONS OF OTHER RELEVANT LAWS. 
 
ARTICLE 35:    POWERS AND RESPONSIBILITIES OF BRANCH- 
SPECIFIC PRICE INSPECTORS 
 
¶1. A BRANCH-SPECIFIC PRICE INSPECTOR HAS THE POWERS: 
 
A) TO REQUEST BUSINESS AND PRODUCTION ORGANIZATIONS AND 
INDIVIDUALS TO MAKE ACCURATE AND TRUTHFUL REPORTS IN A 
TIMELY MANNER ON THE DATA AND DOCUMENTS RELEVANT TO THE 
ASPECTS OF THE PRICE CHECK OR INSPECTION IN ACCORDANCE WITH 
THE PROVISIONS OF LAW; 
 
B) TO REQUEST THE RELEVANT ORGANIZATION TO DISPATCH AN 
INDIVIDUAL TO PARTICIPATE, AND PROVIDE DATA AND DOCUMENTS 
DIRECTLY RELEVANT TO THE ASPECTS OF THE PRICE CHECK OR 
INSPECTION; AND 
 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  09 OF 10  150936Z 
C) TO HANDLE ACTS OF VIOLATION OF THE LAWS CONCERNING PRICES 
IN ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
¶2. THE RESPONSIBILITIES OF BRANCH-SPECIFIC PRICE INSPECTORS: 
 
A) TO NOT USE THE ACQUIRED DATA, DOCUMENTS, AND INFORMATION 
FOR ANY OTHER PURPOSES OTHER THAN FOR STATE ADMINISTRATION 
OVER PRICES; 
 
B) TO NOT DISCLOSE SECRETS RELATING TO THE BUSINESS [AND/OR] 
PRODUCTION ACTIVITIES OF THE [CONCERNED] BUSINESS AND/OR 
PRODUCTION ORGANIZATION [OR] INDIVIDUAL; AND 
 
C) TO BE LIABLE BEFORE THE LAW FOR THEIR PRICE CHECKS AND 
INSPECTIONS. 
 
ARTICLE 36:    RIGHTS AND OBLIGATIONS OF THE ORGANIZATION 
OR INDIVIDUAL UPON A PRICE CHECK OR INSPECTION 
 
¶1.  THE ORGANIZATION WHICH, OR INDIVIDUAL WHO, IS REQUESTED 
BY THE AUTHORITY COMPETENT FOR A PRICE CHECK OR INSPECTION 
MUST MAKE AN ACCURATE AND TRUTHFUL REPORT IN A TIMELY MANNER 
ON THE DATA AND DOCUMENTS RELEVANT TO THE ASPECTS OF THE 
PRICE INSPECTION OR CHECK. 
 
¶2.  THE [CONCERNED] ORGANIZATION OR INDIVIDUAL MUST COMPLY 
STRICTLY WITH THE HANDLING DECISIONS OF THE AUTHORITY IN 
CHARGE OF STATE ADMINISTRATION OVER PRICES; IN THE EVENT 
THAT IT/HE/SHE DOES NOT AGREE WITH SUCH DECISION, IT/HE/SHE 
HAS THE RIGHT TO LODGE A COMPLAINT IN ACCORDANCE WITH THE 
PROVISIONS OF LAW.  DURING THE PERIOD OF COMPLAINT, 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  01769  09 OF 10  150936Z 
IT/HE/SHE STILL HAS TO COMPLY WITH THE HANDLING DECISION. 
 
¶3. ORGANIZATIONS AND INDIVIDUALS HAVE THE RIGHT TO REFUSE 
REQUESTS OF PRICE INSPECTION [AND/OR] CHECK THAT ARE NOT 
CONSISTENT WITH THE PROVISIONS OF LAW. 
 
SECTION 3:  REWARDS AND HANDLING OF VIOLATIONS 
 
ARTICLE 37:    REWARDS 
 
ORGANIZATIONS  AND  INDIVIDUALS  ACHIEVE  MERITS  IN   THEIR 
IMPLEMENTATION  OF  THE  LAWS  CONCERNING  PRICES  WILL   BE 
REWARDED IN ACCORDANCE WITH THE STATE REGULATIONS. 
 
ARTICLE 38:    HANDLING OF VIOLATIONS OF THE LAWS CONCERNING 
PRICES 
 
¶1.  ORGANIZATIONS AND INDIVIDUALS COMMITTING AN ACT OF 
VIOLATION OF THE LAWS CONCERNING PRICES WILL BE PENALIZED 
ADMINISTRATIVELY OR PUT UNDER INVESTIGATION FOR CRIMINAL 
LIABILITY, DEPENDING ON THE NATURE AND EXTENT OF THEIR 
VIOLATION; IF CAUSING DAMAGE, COMPENSATION MUST BE PAID IN 
ACCORDANCE WITH THE PROVISIONS OF LAW. 
 
¶2.  ANY ONE WHO TAKES ADVANTAGE OF HIS/HER POSITION AND 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ0613 
 
PAGE 01        HANOI  01769  10 OF 10  150936Z 
ACTION STR-00 
 
INFO  LOG-00   AGRE-00  AID-00   CEA-01   CIAE-00  CTME-00  DODE-00 
      ITCE-00  DOTE-00  SRPP-00  EAP-00   EB-00    EXME-00  E-00 
      FAAE-00  FBIE-00  UTED-00  VC-00    FRB-00   H-01     TEDE-00 
      INR-00   ITC-01   L-00     VCE-00   MOFM-05  MOF-01   AC-01 
      NSAE-00  NSCE-00  OES-01   OMB-01   OPIC-01  ACE-00   SP-00 
      SSO-00   SS-00    TEST-00  TRSE-00  USIE-00  EPAE-00  DRL-02 
      G-00     NFAT-00  SAS-00     /015W 
                  ------------------CB23B5  150936Z /38 
O 150923Z JUL 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC IMMEDIATE 7015 
INFO AMCONSUL HO CHI MINH CITY 
USDOC WASHDC 
USDA WASHDC 
 
UNCLAS SECTION 10 OF 10 HANOI 001769 
 
SIPDIS 
 
STATE PASS USTR FOR EBRYAN 
 
AUTHORITY TO VIOLATE THE PROVISIONS ON PRICES, ACCEPT 
BRIBES, OR COVER FOR THOSE VIOLATING THE LAWS CONCERNING 
PRICES, OR IS IRRESPONSIBLE, OR INTENTIONALLY ACTS IN 
CONTRARY TO THE STATE REGULATIONS IN EFFECTING STATE 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01769  10 OF 10  150936Z 
ADMINISTRATION OVER PRICES, OR COMMIT OTHER ACTS IN 
VIOLATION OF THE LAWS CONCERNING PRICES WILL BE DISCIPLINED 
OR PUT UNDER INVESTIGATION FOR CRIMINAL LIABILITY, DEPENDING 
ON THE NATURE AND EXTENT OF HIS/HER VIOLATION; IF CAUSING 
DAMAGE, COMPENSATION MUST BE PAID IN ACCORDANCE WITH THE 
PROVISIONS OF LAW. 
 
CHAPTER V 
IMPLEMENTING PROVISIONS 
 
ARTICLE 39:    EFFECTIVE DATE FOR IMPLEMENTATION 
 
THIS ORDINANCE TAKES EFFECT FOR IMPLEMENTATION FROM JULY 
01, 2002. 
 
PREVIOUS PROVISIONS THAT ARE INCONSISTENT WITH THIS 
ORDINANCE ARE HEREBY REPEALED. 
 
ARTICLE 40:    GUIDELINES FOR IMPLEMENTATION 
 
THE   GOVERNMENT   SETS  FORTH  DETAILED   REGULATIONS   AND 
GUIDELINES FOR IMPLEMENTING THIS ORDINANCE. 
 
HANOI, APRIL 26, 2002 
ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY 
[SIGNED AND SEALED BY] 
MR. NGUYEN VAN AN, PRESIDENT 
 
END TEXT. 
 
BURGHARDT 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01769  10 OF 10  150936Z 
 
                       UNCLASSIFIED

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