Recently, public opinion has been stirred up by two incidents related to food delivery services, which are said to have prices and quality that are not suitable for the general market.
One is the incident in Sam Son City, where tourists posted pictures of a bun cha restaurant in the area showing signs of "overcharging" by selling a 35,000 VND portion of bun with only a plate of bun, 2 pieces of cha and a bowl of dipping sauce.
Second, the incident at Thien Duong Bao Son, tourists reported that the restaurant at this park sold a 120,000 VND meal that only included a piece of ribs with rice, soup and boiled vegetables.
Image of 35,000 VND bun cha dish in Sam Son City and 120,000 VND rib rice dish in Thien Duong Bao Son
In both cases, many people said that the selling price was too high, or that the quality of the meals was not commensurate with the cost. Meanwhile, the local authorities of both localities affirmed that the restaurants sold at the listed price, because the prices were publicly listed, so there was no basis to assert that the restaurants were "overcharging", and there was no basis to consider handling.
The government's explanation makes readers wonder: is it true that if the price is publicly listed, the shop owner can sell it at any price he wants, even if it is higher than the average market price, without being punished?
Lawyer Ha Cong Tam (Hanoi Bar Association) said that Clause 6, Article 4 of the 2012 Law on Prices stipulates that price posting is the act of organizations and individuals in production and business publicly announcing in appropriate, clear and non-misleading forms to customers about the purchase and sale prices of goods and services in Vietnamese Dong.
Price listing is done by printing, pasting, writing prices on boards, on paper or on the packaging of goods or in other forms at the place of transaction or place of sale of goods and services for the convenience of observation and recognition by customers and competent state agencies.
Article 12 of Decree 109/2013 (amended and supplemented by Decree 49/2016) stipulates penalties for some violations of price posting such as: fines from VND 500,000 to VND 1 million for not posting prices of goods and services at locations where prices must be posted according to the law or posting unclear prices that cause confusion for customers; if the violation is repeated or recidivism, the fine will be increased from VND 1 to 3 million.
Or a fine of 5 - 10 million VND for the act of selling goods and services at a higher price than the listed price set by an organization or individual...
Thus, the law only penalizes acts of not posting prices, posting unclear prices, or selling at prices other than the listed prices. However, there is no basis for penalizing acts of clearly posting prices but the prices are high or low.
However, in reality, there are many cases where the price is listed but the image is “ambiguous”. For example, the advertising board clearly states the price along with a picture of a delicious and attractive bowl of noodles, but when ordering, the price is the same but the bowl of noodles is very different from the advertised image. This case can be considered as unclear price listing, causing confusion for customers.
According to lawyers, the cost of a product (except for cases where the price is set by the State) depends on many factors, including the accounting of each business establishment. The same product can be sold at one price by one establishment, while another establishment sells it at a different price; or the same price can be sold at one establishment but not at another. In that case, the decision will depend on the market itself.
“If the price is too high, the business may face a slump and no buyers; but if the business sees the price clearly listed and still uses the service, then that is the customer’s acceptance. In essence, this is an agreement between the two parties,” said lawyer Tam.
However, just because a price is listed does not mean that the shop owner can sell it at any price he wants. Article 13 of Decree 109/2013 also stipulates penalties for acts of unreasonably increasing or decreasing the price of goods and services.
For example, a fine of 1-5 million VND will be imposed if the selling price is higher than the price declared or registered with the competent state management agency, and the total value of the goods and services sold at increased prices is up to 50 million VND. The fine will increase in proportion to the total value of the goods and services sold at increased prices.
“To avoid being disadvantaged or dissatisfied with the product price, it is best for customers to discuss and negotiate with the business before using the service. If they find it expensive, customers can choose another business, and if they find it suitable, they can use it,” the lawyer recommended.
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