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THE
MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
36/2006/TT-BTC
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Hanoi, April 28, 2006
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CIRCULAR
GUIDING THE CONDITIONS AND PROCEDURES FOR LICENSING AND
REGISTRATION OF LAND PRICE CONSULTANCY ACTIVITIES
Pursuant to
the Government's Decree No. 181/ 2004/ND-CP of October 29, 2004, on the
enforcement of the Land Law;
Pursuant to the Government's Decree No. 188/ 2004/ND-CP of November 16, 2004,
on methods of determining land prices and land-price brackets;
Pursuant to the Government's Decree No. 101/ 2005/ND-CP of August 3, 2005, on
price appraisal;
After consulting the Ministry of Natural Resources and Environment, the
Ministry of Finance hereby provides guidance on land price consultancy activities
as follows:
I. SCOPE OF
APPLICATION
This Circular
guides the conditions and procedures for licensing and registration of land
price consultancy activities.
II. SPECIFIC
PROVISIONS
1. Contents of
land price consultancy activities
1.1. Contents
of land price consultancy activities
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b/ To supply
information on the state-prescribed land prices and market prices of land-use
right transfer at the request of organizations, households or individuals.
c/ To supply
results of analysis and forecast of fluctuations in land prices at the request
of organizations, households or individuals.
1.2. Land price
consultancy contracts
Enterprises
providing land price consultancy services as well as organizations and
individuals using such services must express their agreements and commitments
in consultancy contracts according to the provisions of law.
A land price
consultancy contract has the following principal contents:
a/ Names,
addresses, telephone numbers, facsimile numbers and e-mail addresses of the
organization providing land price consultancy services and of the user of such
services (client).
b/The request
for determination of the price of land plot No. ... in map No. ... Purposes of
the land price consultancy.
c/ Rights and
obligations of the land price consultancy organization.
d/ Obligations
and rights of the client.
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f/ Mode and
deadline of payment.
g/Applicable
laws and ways of dispute settlement.
h/ Contract
termination and responsibilities of contractual parties upon contract
termination.
i/ Conditions
and effect of the contract.
j/ Contract
term and contract liquidation procedures.
k/ Other
agreements (if any).
1.3. In
specific cases where the client wishes to add other contents agreed upon by
both parties, such contents shall be added to the land price consultancy contract
in accordance with the provisions of law on economic contracts.
2. Principles
of land price consultancy activities
Organizations
carrying out land price consultancy activities shall adhere to the following
principles:
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2.2. Being held
responsible before law for their professional activities.
2.3. Abiding by
the principles and methods of determining land prices as provided for by law.
2.4. Ensuring
independence, truthfulness, objectivity and scientificity of land price
consultancy
activities.
2.5. To keep
confidential the information received from clients that request the provision
of land price consultancy services in the course of providing consultancy
services, unless otherwise consented by the clients or provided for by law.
3. Conditions
for land price consultancy activities
3.1. Price
appraisal enterprises of all types and enterprises with the price-appraisal
function, which have been set up and engaged in price appraisal activities
under the provisions of law, are qualified to carry out land price consultancy
activities.
Foreign
price-appraisal organizations which have set up their branches in Vietnam to carry out price appraisal activities under the provisions of the Commercial Law,
other relevant provisions of law or the Finance Ministry's regulations, shall
be allowed to carry out land price consultancy activities.
Foreign
price-appraisal organizations which have not yet set up their branches in Vietnam but are licensed to conduct price appraisal in Vietnam according to the provisions of
Vietnamese law on price appraisal shall be allowed to carry out land price
consultancy activities.
3.2. For
enterprises set up and licensed to operate in the field of real estate
consultancy or real estate business and brokerage under the provisions of law
on enterprises, if wishing to carry out land price consultancy activities, they
must fully meet the following conditions:
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Owners of
private price-appraisal enterprises must be price appraisers who possess price
appraiser's cards; a price appraiser may be the owner of only one private
price-appraisal enterprise.
Partners of
price appraisal partnerships must be price appraisers who possess price
appraiser's cards; a price appraiser who possesses a price appraiser's card may
be a partner of only one price appraisal partnership.
- Having
registered for the provision of land price consultancy services with a
competent business registration office, which permits the addition of the land
price consultancy function to the business registration certificates.
4. Procedures for
licensing and registration of land price consultancy activities
4.1. Licensing
conditions
Enterprises
engaged in real estate consultancy or real estate business and brokerage, which
fully meet the conditions set at Item 3.2, Point 3, Section II of this Circular
and file dossiers of registration for land price consultancy activities, shall
be considered for the addition of the function of price appraisal to their
business registration certificates so that they can carry out land price
consultancy activities.
Price appraisal
enterprises and enterprises with the price appraisal function (including
foreign price-appraisal organizations) defined at Item 3.1, Point 3, Section II
of this Circular, which have been set up under the provisions of law and
granted the price appraisal service permits or registration certificates, shall
not have to register for land price consultancy activities.
4.2. Licensing
order
The order of
registration for land price consultancy activities shall comply with the
provisions of law on enterprises.
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5. Dossiers of
registration for land price consultancy activities
5.1. Real
estate consultancy or real estate business and brokerage enterprises which wish
to carry out land price consultancy activities shall have to submit business
registration dossiers to competent business registration offices, requesting
the addition of the price appraisal function to their business registration certificates.
5.2. Business
registration dossiers shall be compiled in accordance with the provisions of
law on
enterprises and each comprises the following:
- An
application for business registration (covering land price consultancy
activities), made according to a form set by a competent business registration
office under the provisions of law on enterprises.
- A list of
registered price appraisers at the enterprise and (notarized) copies of their
valid price-appraiser's cards.
- (Notarized)
copies of labor contracts signed between the enterprise and price appraisers or
decisions on recruitment of price appraisers.
6. Rights of
enterprises engaged in land price consultancy activities
- To negotiate
and sign land price consultancy contracts.
- To request
organizations or individuals having signed land price consultancy contracts to
supply information and documents necessary for the performance of such
contracts.
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- To cancel, or
unilaterally stop the performance of, consultancy contracts, and claim damages
in case land-price consultancy service users breach the obligations committed
in the consultancy contracts.
- To hire experts
for the performance of land price consultancy contracts.
- To
participate in domestic and international professional associations.
- To have other
rights as provided for by law.
7. Responsibilities
of enterprises engaged in land price consultancy activities
- To observe
the principles of land price consultancy activities.
- To fulfill
the obligations committed in land price consultancy contracts.
- To pay
damages to land price consultancy service users if they breach the obligations
committed in the consultancy contracts. The payment of damages shall comply
with the provisions of law.
- To purchase
professional liability insurance according to current provisions of law on
insurance for price-appraisal professional liability.
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- To fulfill
financial obligations according to the provisions of law.
- To perform
other obligations according to the provisions of law.
8. Conditions
for individuals practicing land price consultancy
Individuals
practicing land price consultancy must be price appraisers possessing price
appraiser's cards granted by the Finance Ministry (foreign price appraisers
must possess certificates of practice granted by competent foreign
organizations accredited by the Vietnamese Finance Ministry), have registered
for practicing price appraisal and are working at organizations or enterprises
licensed to carry out land price consultancy activities.
Price
appraisers' registration for practicing price appraisal shall comply with the
provisions of the Finance Ministry's Circular No. 17/2006/TT-BTC of March 13,
2006, guiding the implementation of the Government's Decree No. 101/2005/ND-CP
of August 3, 2005, on price appraisal.
Price
appraisers practicing land price consultancy must strictly abide by current
provisions of law on practicing conditions, rights and obligations, and
professional ethics of price appraisers.
III.
ORGANIZATION OF IMPLEMENTATION
1. This
Circular takes effect 15 days after its publication in "CONG BAO."
2. Concerned
ministries and branches, the Price Management Department of the Finance
Ministry and provincial/municipal People's Committees shall have to direct
concerned provincial/municipal Services and branches in guiding land price
consultancy organizations to implement this Circular.
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Any problems
arising in the course of implementation of the Circular should be reported to
the Finance Ministry for guidance and settlement.
FOR
THE MINISTER OF FINANCE
VICE MINISTER
Tran Van Ta