Question: “Our enterprise is currently supplying goods and services pursuant to the orders of the State agencies. Recently, the legal department has updated information that the Government has promulgated new regulations tightening the deadline for submission of the pricing plan dossier and altering certain procedures for appraisal and declaration. Please advise us on the most critical new points to be noted so that departments coordinate to prepare the dossier on time, avoiding risks affecting the progress of acceptance and settlement.”

Amending regulations on formulation, appraisal of Pricing Plans and Price Declaration pursuant to Decree 128/2026/ND-CP

Answer: Below is the detailed advice on the new regulations on price management, formulation and appraisal of pricing plans pursuant to Decree 128/2026/NĐ-CP (effective from April 06, 2026):

1. Main contents Decree 128/2026/NĐ-CP amends and supplements a number of articles of Decree 85/2024/NĐ-CP to resolve obstacles in the formulation, appraisal of pricing plans and price declaration. Specifically including the following core contents:

– Responsibility for formulation of pricing plans: For goods and services serving national defense and security tasks under orders or assigned tasks: Enterprises and organizations receiving orders or assigned tasks of production and supply shall directly formulate the pricing plans. (Legal basis: point c clause 1 Article 9 of Decree 85/2024/NĐ-CP (amended and supplemented by clause 1 Article 1 of Decree 128/2026/NĐ-CP)).

– Deadline for formulation of pricing plans: Organizations and individuals shall formulate and submit the pricing plans to the appraising agencies within a maximum period of 30 days from the date of receipt of the written request (calculated according to the postmark). In complex cases, an extension of the time for formulation of the pricing plan may be requested but shall not exceed 15 days. (Legal basis: clause 5 Article 9 of Decree 85/2024/NĐ-CP (amended and supplemented by clause 4 Article 1 of Decree 128/2026/NĐ-CP)).

– Appraisal of pricing plans: For goods and services in the List priced by the State which are decentralized for pricing: The agencies and units decentralized for pricing shall assign their affiliated specialized agencies and units to conduct the appraisal of the pricing plans. (Legal basis: point c clause 2 Article 10 of Decree 85/2024/NĐ-CP (supplemented by clause 2 Article 2 of Decree 128/2026/NĐ-CP)).

– Subjects of price declaration: The review and selection of enterprises to be included in the List of price declaration are clearly regulated according to each level of management:

     + Level of Ministries, ministerial-level agencies: Selection from economic groups; general corporations; joint stock companies, limited liability companies having a production and business network impacting prices nationwide or in the territory of 02 provinces/cities or more; monopolistic or market-dominating enterprises. (For healthcare specifically: The Ministry of Health shall review affiliated Special-class and Class I hospitals).

     + Level of provincial People’s Committees: Selection from business organizations having their head offices in the territory which are not yet named in the List of price declaration of ministries and ministerial-level agencies. (For healthcare specifically: reviewing State medical establishments in the territory outside the line of the Ministry of Health and especially including private medical examination and treatment establishments in the management list).

(Legal basis: point d, point đ clause 2 Article 16 of Decree 85/2024/NĐ-CP (amended and supplemented by clause 2, clause 3 Article 4 of Decree 128/2026/NĐ-CP)).

– Standardization of the form of pricing documents: Depending on the type of price, the State agencies and enterprises shall use the correct form of documents for submission and approval:

+ Pricing frameworks, maximum prices, minimum prices: Shall be promulgated by a Notice.

+ Specific prices: Shall be promulgated by a Decision.

– Updating of new forms: The Decree promulgates 02 new Appendices replacing the old forms for use in the pricing process, including: Form No. 02 (Document approving the results of appraisal of the pricing plan and proposing pricing) and Form No. 02 for the Report on appraisal of the pricing plan in case goods and services are priced by two levels. (Legal basis: clause 2 and clause 3 Article 7 of Decree 128/2026/NĐ-CP).

2. Greatest impacts

The Decree tightens discipline and regulates a very specific time boundary (a maximum of 30 to 45 days) for the formulation and submission of pricing plans by enterprises supplying goods and services priced by the State. Simultaneously, the responsibility for price declaration is also channelled more clearly, especially including private medical examination and treatment establishments in the scope subject to strict supervision by the list of price declaration of the provincial People’s Committees. The forms and documents promulgating prices are also entirely standardized to unify the process nationwide.

3. Risks of non-compliance

– Enterprises failing to formulate and submit the pricing plans within the prescribed deadline of 30 days shall delay the process of appraisal and promulgation of prices, thereby directly affecting the acceptance and settlement of contracts for orders/assigned tasks with the State agencies.

– If the enterprises provide inaccurate or dishonest figures and data in the pricing plans or fail to explain upon the request of the State agencies, the enterprises shall bear full responsibility before the law.

4. Proposed action plans

– Enterprises specializing in producing and supplying goods to the State need to review the internal pricing process, ensuring the ability to collect vouchers and figures constituting prices and complete the dossiers within the timeframe of 30 days from the receipt of the request from the competent agencies.

– For private medical establishments, it is necessary to continuously monitor the Notice of the list of price declaration promulgated by the provincial People’s Committees to promptly submit the price declaration dossiers on time if the enterprise’s name is included in the management list.

5. Notes and recommendations for clients

– Proactively request an extension if the dossier is complex: In case the pricing plan dossier is too complex to be completed within 30 days, the enterprise shall not silently let the deadline pass but shall proactively submit a written request for extending the time (accompanied by reasons and detailed explanations) to the competent State agencies. Clients should note that the extension period shall only be approved for a maximum of not exceeding 15 days.

– Be ready with the explanatory dossier: The law regulates that enterprises shall have the responsibility to explain the pricing plans upon request. Therefore, all invoices, vouchers, and documents proving the costs of raw materials, labor… constituting the pricing plans shall be carefully and transparently stored by the enterprises and ensure rationality and validity.