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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 20/1999/ND-CP
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Hanoi, April 12, 1999
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DECREE
ON COMMERCIAL PROVISION OF GOODS-ASSESSMENT
SERVICES
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the Minister of Trade,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
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Article 2.- Conditions for goods-assessment service
providers
1. Being enterprises established under the
provisions of law;
2. Being independent enterprises, specialized in
the commercial provision of goods-assessment services;
3. Not engaged in goods selling and/or buying
activities, except for the purchase and/or sale of machinery, equipment and/or
supplies in service of their business lines.
Article 3.- Scope of goods-assessment service provision and
the issue of goods-assessment certificates
1. Enterprises providing goods-assessment
services and established under the current provisions of Vietnamese law shall
be entitled to provide the goods assessment and issue goods-assessment certificates
according to their business lines written in the business registration
certificates.
The business registration shall be made at the
competent State agency as prescribed by law. The business registration contents
shall comply with the provisions of Article 20 of the Commercial Law;
2. Goods-assessment-service providing
enterprises, established under the Law on Foreign Investment in Vietnam, shall
be entitled to conduct the assessment and issue goods-assessment certificates
according to their business lines written in the investment licenses;
3. Foreign assessment organizations’ branches set up in Vietnam shall be entitled to
conduct the assessment and issue goods-assessment certificates according to
their business lines written in their permits for establishment in Vietnam.
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1. The goods assessment shall be effected upon
the agreement reached between parties or at the request of one of the parties
to the contract on goods assessment; at the request of individuals,
organizations or State bodies;
2. The goods assessment shall be conducted on
the principle of independence, neutrality, objectiveness, scientism and
accuracy;
3. It is prohibited to make goods assessment if
such assessment is related to the rights and interests of the goods-assessment
enterprise itself as well as the assessor(s).
Article 5.- State management over goods-assessment
activities
The Ministry of Trade shall have to exercise the
State management over the goods-assessment-service activities.
Chapter
II
RIGHTS AND OBLIGATIONS OF GOODS-ASSESSMENT SERVICE ENTERPRISES AND
GOODS ASSESSORS
Article 6.- Rights and obligations of goods-assessment
service enterprises
1. To appoint assessors who fully meet the
criteria specified in Article 7 of this Decree to perform the assessment;
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3. To ensure that the assessment is conducted
independently, neutrally, objectively, scientifically, promptly and accurately;
4. To issue assessment certificates in
accordance with the assessment requirements and be answerable to the
assessment-requesting party as well as to law for the assessment results;
5. To be entitled to authorize other
assessment-service enterprises to perform the assessment;
6. To receive assessment charge as agreed upon;
7. To pay fine for incorrect assessment
according to the level agreed upon between the goods-assessment service
enterprise and the assessment-requesting party, which must not be 10 times
higher than the assessment charge.
Article 7.- Criteria for assessors
1. An assessor must meet the following criteria:
a/ Having university or college degree in
specialties, suited to the assessment requirements and field;
b/ Having worked in the field of goods
assessment for at least 3 years;
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2. The directors of goods-assessment service
enterprises shall base themselves on the criteria stipulated in this Article to
recruit assessors and take responsibility before law for their decisions.
Article 8.- Rights and obligations of assessors
1. To perform the assessment independently when
so assigned, and to refuse assessment if it relates to their own rights and
interests;
2. To conduct the goods assessment honestly,
objectively, scientifically, promptly, accurately and in strict compliance with
the requirements of the assessment-requesting party;
3. To reject interference by any individual or
organization in the assessment activities they are carrying out;
4. To honestly reflect the assessment results in
the assessment certificates and sign such certificates;
5. To be answerable before the director of their
respective goods-assessment service enterprises for the accuracy of the
assessment results.
Chapter
III
ASSESSMENT CERTIFICATE AND ITS LEGALITY
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The assessment certificate is a legal document
attesting to the actual status of goods in term of their quantity, quality,
specifications, packaging, value, losses, safety, hygiene and other aspects,
which is issued by an independent goods-assessment service enterprise at the
request of the assessment-requesting party.
Article 10.- The legality of assessment certificate
1. An assessment certificate shall be legally
valid only for the goods requested to be assessed;
2. An assessment certificate shall be legally
binding on the assessment-requesting party if the latter fails to prove that
the assessment results are not objective, untruthful or incorrect technically
and/or professionally;
3. An assessment certificate shall be legally
binding on the goods-assessment service enterprise which is responsible for the
assessment results and conclusions stated in the assessment certificate.
Article 11.- Re-assessing the results stated in the
assessment certificate
1. In cases where the results of the initial
assessment certificate are not recognized, the assessment-requesting party and
the concerned parties (hereafter called the re-assessment requesting party for
short) shall have the right to request another assessment organization to
re-assess the already assessed goods and have to pay the assessment charges;
2. If the re-assessment certificate’s results conform with the initial assessment
certificate’s results, the
initial assessment certificate shall have the final effect;
3. In cases where the re-assessment certificate’s results differ from the initial assessment
certificate’s results:
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b/ If the initial assessment organization or the
re-assessment-requesting party do not recognize the results of the
re-assessment certificate, the re-assessment-requesting party shall have the
right to request an arbitration organization to appoint another assessment
organization to conduct the re-assessment. The results of the assessment
conducted by the assessment organization appointed by the arbitration organization
shall have the final effect. The arbitration fee shall be paid by the party
requesting the re-assessment;
4. If the results of the assessment certificate
issued by the assessment organization appointed by the arbitration
organization:
a/ Conform with the results of the initial
assessment certificate, the re-assessment organization shall have to pay a fine
as prescribed in Clause 7, Article 6 of this Decree;
b/ Conform with the results of the re-assessment
certificate, the initial assessment organization shall have to pay a fine as
prescribed in Clause 7, Article 6 of this Decree;
c/ Fail to conform with the results of both
initial assessment certificate and re-assessment certificate, the initial
assessment organization and the re-assessment organization shall both have to
pay a fine as prescribed in Clause 7, Article 6 of this Decree.
Chapter
IV
AUTHORIZED ASSESSMENT AND GOODS ASSESSMENT AT THE STATE BODIES’ REQUEST
Article 12.- Authorization of goods assessment
In cases where the assessment-requesting party
hires a foreign assessment organization to conduct the goods assessment in
Vietnam but the latter has not yet been licensed to operate in Vietnam, such
foreign assessment organization may authorize another assessment-service
enterprise that has been licensed to operate in Vietnam to provide the
goods-assessment services as prescribed in Article 179 of the Commercial Law.
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A goods-assessment authorization contract must
be made in writing with the following major contents:
1. The names and addresses of the authorized and
the authorizer;
2. The to-be-assessed goods;
3. The assessment contents, method and process;
4. The time and place of assessment;
5. The service charge and other costs.
Article 14.- Rights and obligations of the goods assessment
authorizer
1. To request the good-assessment authorized to
comply with the agreements in the assessment authorization contract;
2. To provide necessary information and/or
documents to meet the goods-assessment requirements;
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4. To pay the service charge and other costs as
agreed upon in the assessment-authorization contract.
Article 15.- Rights and obligations of the goods-assessment
authorized
1. To request the assessment authorizer to
supply necessary information and/or documents in service of goods assessment
according to the assessment authorization contract;
2. To assess goods in strict compliance with the
agreements in the assessment authorization contract;
3. To be entitled to hire domestic and foreign
assessors to perform the goods assessment; and temporarily import for re-export
technical means for assessment activities;
4. To receive the service charge and other remuneration
as agreed upon in the goods-assessment authorization contract.
Article 16.- Goods assessment at the State bodies’ request
1. Goods shall be assessed at the request of a
State body in cases where such goods are related to the performance of official
duty of such State body;
2. Upon the competent State body’s request, the selected goods-assessment service
enterprise shall have to conduct the goods assessment according to its business
lines and shall be entitled to the assessment charge paid by the agency that
has directly requested the assessment;
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Chapter V
IMPLEMENTATION PROVISIONS
Article 17.- Effect of implementation
1. This Decree takes effect 15 days after its
signing;
2. Goods-assessment service enterprises
established before the effective date of this Decree shall have to comply with
the provisions of this Decree;
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
THE GOVERNMENT
Phan Van Khai
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