Order of the National Development and Reform Commission of People’s Republic of China
No. 44 In accordance with the Price Law of the People’s Republic of China, we have amended the Rules for the Pricing Activities of the Governments Attachment: Rules for the Pricing Activities of the Governments Ma Kai, Director of the National Development and Reform Commission March 17, 2006 Rules for the Pricing Activities of the Governments Article 1 With a view to regulating the pricing activities of the governments, making the pricing activities of the governments more scientific, Article 2 Where the competent departments of pricing or other relevant departments of the people’s governments at or above the provincial level Where it is prescribed otherwise by any law or regulation, such law or regulation shall prevail. Article 3 The state shall implement and gradually improve the market-based prices and mechanism under the regulation and control of the macro The pricing activities of the governments at the municipal or county level, which have been authorized by the corresponding provincial The pricing organs shall set prices in light of their legitimate authorities, and shall not overstep their respective powers in any Article 4 The principles of fairness, openness, impartiality and efficiency shall be abided by in the pricing activities. Article 5 The pricing activities shall accord with the social average cost of relevant goods or services, the market situation of their demand The competent pricing department of the State Council and its counterparts of the provincial people’s governments may, in light of Article 6 The pricing organs shall set prices at a proper time in pursuance of the situations of economic and social development as well as Article 7 When setting prices, the pricing organs s shall, according to law, go through such procedures as investigation into prices (costs), Where the cost supervisions and inspections, expert argumentations and price hearings are required by law, they shall be carried out Article 8 Consumers, business operators and other parties concerned (hereinafter referred to as the advisors) may bring forward suggestion Article 9 The pricing organs may, when setting prices, require the relevant business operators and industrial organizations to provide the Article 10 When setting prices, the pricing organs shall carry out an investigation into the situations of market supply and demand as well Article 11 The pricing organs shall, when setting prices, carry out an investigation into the prices and costs. Where any cost supervision and inspection is required according to law, it shall be implemented according to the relevant provisions Article 12 When setting prices for highly professional and technical commodities or services, the pricing organs shall employ the relevant experts Article 13 If a hearing is required according to law when the pricing organs set any price, the competent pricing department of the government Where a hearing is not required by law, the pricing organs may solicit for the opinions of consumers, business operators and other Article 14 The pricing organs shall, after fulfilling the procedures as prescribed in Articles 10 through 13 of the present rules, formulate (1) The current price, the proposed price as well as the adjustment level per unit; (2) The basis and reasons for pricing; (3) Where any cost supervision and inspection is carried out, a report on cost supervision and inspection shall be attached; (4) The impact thereof on the relevant industries and consumers after a price is set; (5) Where an argumentation of experts is held, the Summary of Experts’ Argumentation Opinions shall be attached; (6) The opinions of consumers, business operators and the relevant parties concerned; (7) Where a hearing is held, the Summary of the Hearing shall be attached; and (8) The implementing time and scope of the price. Article 15 The collective deliberation system shall be adopted in principle for formulating pricing schemes. The collective deliberation may The form of collective deliberation, composition of personnel and working rules shall be formulated by the pricing organs at or above Article 16 Where the competent pricing departments of the State Council or other departments set the price of any important commodity or service, Article 17 If the pricing organ is an industrial competent department, it shall solicit for the opinions of the competent pricing departments Article 18 Where the relevant pricing is deemed as necessary after a pricing plan has been collectively deliberated, the pricing organ shall, (1) The items subject to pricing and the proposed price; (2) The basis for pricing; (3) The time and scope for implementing the price; and (4) The name of the pricing organ that has made the decision as well as the day when the decision is made. The Decision on Pricing shall be affixed with the seal of the pricing organ that has made the decision on pricing. Article 19 Apart form that any state secret is involved, after a decision on pricing is made, the pricing organ that has made the decision shall Article 20 The pricing organs shall establish and improve the internal supervision and restriction mechanism for pricing. The competent pricing department at a higher level shall take charge of the supervision over the pricing activities of its inferior Any pricing activity conducted by the competent industrial department shall be subject to the supervision of the competent pricing Article 21 If any advisor is involved in a pricing activity, the pricing organs shall, in a proper way, inform the advisor of the treatment Article 22 After a decision on pricing is implemented, the pricing organ shall conduct follow-up investigation and supervision on the implementation (1) The implementation of the price and the existing problems thereabout; (2) The impact on the price as incurred from the business operation, costs, labor productivity and the fluctuation of the market situations (3) The market situations of supply and demand of the relevant goods or services as well as the price fluctuation; and (4) The opinions from all social aspects on the price as set. Article 23 Where the pricing organ has any law-breaking act, the competent pricing department of the government shall carry out the corresponding Article 24 Where any functionary of the pricing organs has any law-breaking act during the pricing activities and thus a crime is constituted, Article 25 The pricing organs shall, in accordance with the administrative rules for archival filing, establish pricing files and put them on Article 26 The competent pricing department of a province, autonomous region, or municipality directly under the Central Government may, according Article 27 The power to interpret the present rules shall remain with the National Development and Reform Commission. Article 28 The present rules shall go into effect as of May 1, 2006. The Rules for the Pricing Activities of the Governments (for Trial Implementation) |
National Development and Reform Commission
2006-03-17