monopoly on funeral service business is a violation of the law
Recently, Lao Dong Newspaper has published a series of articles reflecting on the monopoly of selling drugs in disguises and having to spend millions to bring drugs into disguises. Lawyer Tran The Anh - Hanoi Bar Association affirmed that the phenomenon reported by the newspaper shows signs of violating the provisions of the law.
"Currently, according to press reports, there is a situation where some businesses impose service prices and require people to only use products and services provided by that business in the areas under their management. This is a violation of the law.
For such violations, competent authorities and State administrative management agencies have the entire right to conduct inspections and checks, especially market management agencies and specialized management agencies directly in charge of enterprises," said lawyer The Anh.
At transformation stations such as Vinh Hang Ba Vi (Hanoi), Tay Phuong Cuc Lac (Hoa Binh) and Hoan Thien Duc (Phu Tho), units here are forcing those who book funeral services to pay a fee to bring pick-up from outside or are forced to buy pick-up from these units at prices higher than the market.
At Vinh Hang Ba Vi transformation station, people are not allowed to bring small children from outside but are forced to buy small children of the transformation station. In crematoriums such as Tay Phuong Cuc Lac (Hoa Binh) or Hoan Vu Thien Duc (Phu Tho), to bring in pills from outside, businesses stipulate that people must pay a fee of 3 - 5 million VND.
According to lawyer Tran The Anh's analysis, in cases where a service is used but forced or optional, people or families can reflect and request the authorities to intervene to protect their legitimate rights afterwards.
"People have full legal rights to protect their legitimate rights, including the right to complain directly to the service provider, or send a complaint to the Consumer Protection Association.
If necessary, people can also submit a petition to a provincial management agency such as the Provincial People's Committee, the Market Management Department, or sue a business in court in accordance with the provisions of law," lawyer The Anh analyzed.
The government is indifferent, businesses are autonomous
When answering the press about this issue, a representative of Vinh Hang Park - where Vinh Hang Bamboo shoot is located - affirmed that what the newspaper reported was true, businesses banned bringing petty people to the apartment to transform because "there was done everywhere" and if "people criticized it for being expensive, they could use the service elsewhere". Many people have expressed their extremely dissatisfied with this answer.
However, when reflecting the incident to the leader of Ba Vi district, the answer that we received from the district representative was "this problem is not under the district's management, please contact the Department of Labor - Invalids and Social Affairs or the Department of Home Affairs to work," the contact Unit of Ba Vi district responded after scheduling working.
According to the law, currently, fire services are not subject to VAT, but it is here that exclusive services are consecutively recorded.
Pursuant to the provisions of Clause 19, Article 2 of Decree 23/2016/ND-CP, the explanation of crematorium services includes organizing funerals, cremation of bodies or remains and preserving and storing ashes.
Pursuant to Clause 11, Article 4 of Circular 219/2013/TT-BTC, the subjects not subject to VAT are as follows: Funeral services of establishments with the function of operating funeral services include activities of renting funeral homes, cars for funerals, funerals, cremations, burials, grave goods, moving graves, and taking care of graves.
In addition, according to the guidance in Official Dispatch 134/TCT-PCCS in 2006 on VAT guidance for some funeral services as follows:
"Based on the above guidance, funeral services are services for funerals, funeral, cremation (car rental service and cars carrying relatives of Hieu's family; digging, filling the burial pit; carrying casks; long -term graves after burial;
Thus, crematorium services are not subject to VAT.
