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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
89/2013/ND-CP
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Hanoi ,
August 06, 2013
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DECREE
DETAILING
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE PRICE LAW ON APPRAISAL OF PRICES
Pursuant to December 25, 2001 Law on
organization of Government;
Pursuant to the June 20, 2012 Price Law;
Pursuant to the November 29, 2008 Law on
enterprise;
At the proposal of the Minister of Finance;
The Government promulgates the Decree detailing
implementation of a number of articles of the Price Law on appraisal of prices,
Chapter 1.
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Article 1. Scope of regulation
This Decree detailing implementation of a number of
articles of the Price Law on appraisal of prices, including: Content and state
management authority on appraisal of prices; criteria on appraisal of prices in
Vietnam; criteria and cards of price appraisers, professional organizations for
appraisal of prices; prices of price appraisal services; orders of and
procedures for issuance, withdrawal of certificate of eligibility for business
in price appraisal services; suspension of business in price appraisal
services; forms and scopes of appraising-price service provision of foreign
organizations for appraisal of prices in Vietnam; orders of and procedures for
appraisal of prices by State.
Article 2. Subjects of
application
This Decree applies to: Price appraisers,
enterprises of appraisal of prices; competent state agencies and cadres, civil
servants who are assigned task of appraisal of prices; the appointing agencies
or organizations and individuals who are appointed by such agencies or
organizations to join the Council of appraisal of prices; agencies,
organizations and individuals who have assets subject to appraisal of prices or
have request, suggestions for appraisal of prices; professional organizations
for appraisal of prices; state management agencies for appraisal of prices and
other agencies, organizations and individuals related to appraisal of prices.
Article 3. Interpretation of
terms
In this Decree, the following terms will be
construed as follows:
1. The price appraisal enterprises mean enterprises
that are established and operate in accordance with Law on enterprises and
granted certificate of eligibility for business in price appraisal services as
prescribed by law.
2. The price appraisal customers include
organizations, individuals hiring the price appraisal enterprises to provide
for price appraisal services under contracts of appraisal of prices or documents
requesting, suggesting for appraisal of prices.
3. Professional organizations for appraisal of
prices means social-professional organizations established in accordance with
law on the basis of the voluntary participation of price appraisers, the price
appraisal enterprises, and other organizations and individuals relating to
appraisal of prices.
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Article 4. Content of state
management on appraisal of prices
1. Formulating, directing implementation of
strategies and plans on development of price appraisal profession in Vietnam.
2. Promulgating and organizing implementation of
legal documents on appraisal of prices, criteria of appraisal of prices in
Vietnam.
3. Appraising prices of state-owned assets as
prescribed in this Decree and relevant legal documents.
4. Prescribing the regimes of report, collection
and summarizing of information in order to build database in serve of the
information provision and state management on appraisal of prices.
5. Managing the training, re-training of
professional operations on appraisal of prices; managing and organizing
examination, grant and withdrawal of price appraiser cards, grant and
withdrawal of certificate of eligibility for business in price appraisal services.
6. Examining, inspecting, and solving complaints or
denunciation and handling acts breaching law on appraisal of prices.
7. Organizing and managing the science research,
international cooperation on appraisal of prices.
Article 5. Competence of state
management on appraisal of prices
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2. The Ministry of Finance shall be responsible
before the Government for performing the function of state management on appraisal
of prices and have the following tasks and powers:
a) Formulating, submitting to the Government for
deciding strategies and plans on development of price appraisal profession in
Vietnam;
b) Formulating and submitting the Government for promulgating,
under its competence, legal documents on appraisal of prices, criteria of
appraisal of prices in Vietnam;
c) Organizing implementation of strategies and
plans on development of the price appraisal profession, legal documents on
appraisal of prices, criteria of appraisal of prices in Vietnam;
d) Prescribing the conditions for participating in
examinations, organization of examinations and conditions to grant cards of
price appraisers; management, grant and withdrawal of cards of price appraiser;
dd) Prescribing the training, grant of certificate
of training the professional operations on price appraisal; re-training
specialized knowledge on appraisal of prices for the practicing price
appraisers;
e) Prescribing the organization and management of
science research, training, retraining for cadres, civil servants about
appraisal of prices;
g) Prescribing the model, grant and withdrawal of
certificate of eligibility for business in price appraisal services;
prescribing the registration and management of practicing appraisal of prices;
publicizing the list of the practicing price appraisers and list of the price
appraisal enterprises in nationwide;
h) Prescribing the purchase of professional
liability insurance for activities of appraisal of prices or the setting up of
the reserve fund for professional risks applicable to the price appraisal
enterprises;
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k) Performing international cooperation on
appraisal of prices;
l) Inspecting, examining, and solving complaints or
denunciation and handling acts breaching law on appraisal of prices;
m) Summing up, assessing on activities of appraisal
of prices; prescribing the quality control of appraisal of prices and the
compliance with regulation of State on appraisal of prices;
n) Performing appraisal of prices or taking
responsibility for organization of appraising price of state-owned assets at
the request of the Government, the Prime Minister;
o) Prescribing the regimes of report, collection
and summarizing of information in order to build database in serve of the
information provision and state management on appraisal of prices.
3. Ministries, Ministerial-level agencies,
Governmental agencies shall have following tasks and powers:
a) Performing the state management over activities
of appraisal of prices within their tasks and powers;
b) Assigning and organizing the appraisal of prices
of state-owned assets specified in Clause 2 Article 31 and Article 44 of the
Price Law, that are managed by Ministries, Ministerial-level agencies,
Governmental agencies in accordance with regulation on decentralization for
management and use of state-owned assets; regulation on decentralization in
management of state budget and regulation of relevant law;
c) Inspecting, examining, and solving complaints or
denunciation and handling acts breaching law on appraisal of prices under their
management.
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a) Performing the state management over activities
of appraisal of prices within their management;
b) Assigning and organizing the appraisal of prices
of state-owned assets specified in Clause 2 Article 31 and Article 44 of the
Price Law, that are managed by localities in accordance with regulation on
decentralization in management and use of state-owned assets; regulation on
decentralization in management of state budget and regulation of relevant law;
c) Inspecting, examining, and solving complaints or
denunciation and handling acts breaching law on appraisal of prices under their
management.
Article 6. The Vietnam Criteria
of appraisal of prices
1. System of Vietnam criteria of appraisal of
prices includes criteria guiding on ethical rules of practicing appraisal of
prices; economical principles that govern activities of appraisal of prices;
market value and non-market value serving as basis for appraisal of prices of
assets; classification of assets; process of appraisal of prices of assets;
report on results of appraisal of prices, record and certificate of appraisal
of prices of assets; measures to access and methods of appraisal of prices.
2. The Ministry of Finance shall promulgate and
guide implementation of the Vietnam criteria of appraisal of prices to apply in
activities of appraisal of prices on Vietnam’s territory.
Article 7. Criteria of price
appraisers
1. Having civil act capacity.
2. Having ethical qualities, integrity, being
honest and objective.
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4. Having the actual working time under the trained
specialties of from 36 (thirty six) months or longer, calculated from the date of
issuing the university diploma of specialties specified in Clause 3 of this
Article.
5. Having certificate of training on appraisal of
prices issued by agencies, organizations which have function on training the
appraisal of prices as prescribed by the Ministry of Finance, except from the
following cases:
a) Persons who have had graduation diplomas of
domestic or foreign universities or post-universities specialized in price,
appraisal of prices;
b) Persons who have had graduation diplomas of
domestic or foreign universities or post-universities specialized in economy,
economy-technique, technique, law involving operation of appraisal of prices
and had college diplomas specialized in appraisal of prices.
6. Possessing card of price appraiser issued by the
Ministry of Finance.
Article 8. Card of price
appraisers
1. Vietnamese citizens who are eligible for
participating in examination as prescribed by the Ministry of Finance and
meeting requirements of the examination for granting the card of price appraisers
that are organized by the Ministry of Finance shall be granted card of price
appraiser by the Ministry of Finance.
2. Persons who possess certificate of appraisal of
prices issued by foreign countries and recognized by the Ministry of Finance,
have full criteria specified in Clause 1, Clause 2 Article 7 of this Decree and
pass the examination of test in Vietnamese about law of Vietnam involving the
operation of appraisal of prices as prescribed by the Ministry of Finance shall
be granted the card of price appraiser by the Ministry of Finance.
Article 9. Professional
organizations for appraisal of prices
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2. The professional organizations for appraisal of
prices may organize the training and grant of certificate of re-training
professional knowledge on appraisal of prices and perform tasks involving
activities of appraisal of prices as follows:
a) Researching, updating the international criteria
of appraisal of prices to propose to the Ministry of Finance for considering
promulgating or supplementing, amendment the Vietnam Criteria of appraisal of
prices in conformity with actual conditions in Vietnam and international
practices;
b) Coordinating with the Ministry of Finance in
organizing grant of cards of price appraiser;
c) Coordinating with the Ministry of Finance in
examining, assessing on quality of activities of appraisal of prices and
compliance with regulation of State on appraisal of prices in respect to the
price appraisal enterprises being members;
d) Supplying information to the Ministry of Finance
about activities of members in serve of state management on appraisal of
prices;
dd) Organizing the information provision,
propagation about activities of appraisal of prices; coordinating with the
Ministry of Finance in propagating about mechanisms, policies on management and
control by State in price field;
e) Participating in activities of international
cooperation on appraisal of prices as prescribed by law on associations.
3. The Ministry of Finance shall specify the
reporting regime of the professional organizations for appraisal of prices
involving implementation of tasks assigned at Clause 2 of this Article.
Article 10. Cases where the
price appraisal enterprises are not permitted to perform appraisal of prices
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2. Trading the assets under state secrets as
prescribed by law on list of state secrets.
3. There are the price appraisers participating in
appraisal of prices, persons in charge of management, members of the Control
Board of the price appraisal enterprises, who are members, founding
shareholders or buy shares, contribute capital in organizations which are
customers requesting for appraisal of prices.
4. There are the price appraisers participating in
appraisal of prices, persons in charge of management, members of the Control
Board of the price appraisal enterprises, whose parents, spouses, children,
brothers and sisters are:
a) Members, founding shareholders or buy shares,
contribute capital in organizations which are customers requesting for
appraisal of prices.
b) Persons in charge of leading, management and
administration, being chief accountant, members of Control board, supervisor of
organizations that are the customers requesting for appraisal of prices.
5. Persons in charge of management, administration,
members of the Control Board, and supervisors of units subject to appraisal of
prices and concurrently are persons who buy shares, contribute capital in the
price appraisal enterprises.
6. The price appraisal enterprises and customers of
appraisal of prices have the following relationships:
a) There is a same individual or enterprise or
organization which establishes or participates in establishment; or operating
in a same group, corporation, or a complex of mother company- subsidiary
companies;
b) Having relationship in management, control,
capital contribution under all forms between two parties;
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d) Having agreement on business cooperation on the basis
of contract.
7. The price appraisal enterprises are in time of
being suspended or temporarily stop activities of appraisal of prices.
Article 11. Prices of price
appraisal services
1. Prices of price appraisal services shall comply
with agreements between the price appraisal enterprises and customers of
appraisal of prices as prescribed in Clause 2, Clause 3 and Clause 4 of this
Article and inscribed in contract of appraisal of prices; in case of bidding
for price appraisal services, complying with provisions of law on biding for
bidding package of advisory service.
2. Grounds to determine prices of price appraisal
services:
a) Content, volume and nature of work and time to
perform appraisal of prices;
b) The actual and reasonable business expenses
corresponding to the service quality including: Salaries, expenses arising in
the course of survey, collection, analyzing and handling of information;
financial expenses, sale expenses, expenses for enterprise administration and
other expenses as prescribed by law;
c) Expenses for buying professional liability
insurance or expenses for setting up of the professional risk reserve fund;
d) Tentative profit (if any) to ensure that prices
of price appraisal services are suitable with the level of similar price
appraisal services on the market;
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3. Based on provision in Clause 2 of this Article,
the price appraisal enterprises may promulgate and perform the listing of price
tariff of their price appraisal services as prescribed in Clause 6 Article 4,
Clause 5 Article 12 of the Price Law by form of the price level of lump-sum
service, at the percentage (%) of value of assets or value of projects that
need be appraised price and other forms as decided by enterprises in conformity
with provisions of law.
Article 12. Overseas
facilities trading price appraisal services
1. The price appraisal enterprises may place the
facilities of trading in price appraisal services abroad as prescribed by law
on investment of Vietnam and law of host country.
2. Within 30 (thirty) working days, after placing
facility or terminating operation of a facility of trading in price appraisal
services abroad, the price appraisal enterprises must notify in writing enclose
relevant documents to the Ministry of Finance for management and supervision.
Chapter 2.
SPECIFIC PROVISIONS
SECTION 1. ORDERS OF AND
PROCEDURES FOR GRANT OF CERTIFICATE OF ELIGIBILITY FOR BUSINESS IN SERVICE OF
APPRAISAL OF PRICES
Article 13. Grant, re-grant of
certificate of eligibility for business in service of appraisal of prices
1. The Ministry of Finance shall consider and grant
certificate of eligibility for business in service of appraisal of prices for
enterprises, which are eligible for business in service of appraisal of prices
as prescribed in Article 39 of the Price Law.
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a) Having change of content of certificate of
eligibility for business in service of appraisal of prices;
b) Certificate of eligibility for business in
service of appraisal of prices is lost, torn, burned or damaged due to natural
disasters, enemy sabotage or other force majeure reason.
Article 14. Dossier requesting
for grant, re-grant of certificate of eligibility for business in service of
appraisal of prices
1. Dossier requesting for grant of certificate of
eligibility for business in service of appraisal of prices includes:
a) Application for grant of certificate of
eligibility for business in service of appraisal of prices made according to
the Form prescribed by the Ministry of Finance;
b) Authenticated copy of certificate of business
registration, certificate of enterprise registration of enterprise;
c) Register of practicing appraisal of prices of
appraisers registering for practicing appraisal of prices at enterprise
confirmed by enterprise; certificate of re-training the professional knowledge
of appraisal of prices for the practicing price appraisers (if any);
d) Copies of labor contracts, or Annexes of labor
contracts (if any) of the practicing price appraisers at enterprise;
dd) Documents proving the level of contributed capital
of members being organization for the limited liability companies with two
members or more and joint-stock companies as prescribed in Article 18 of this
Decree; the level of contributed capital of the foreign organizations of
appraisal of prices at enterprises (if any) as prescribed in Clause 1 Article
21 of this Decree;
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g) Authenticated copies of document on appointment
of position for legal representative of enterprise, documents of authorization
in appraisal of prices (if any).
2. Dossier requesting for re-grant of certificate
of eligibility for business in service of appraisal of prices includes:
a) Application for re-grant of certificate of
eligibility for business in service of appraisal of prices made according to
the Form as prescribed by the Ministry of Finance;
b) Original of the granted certificate of
eligibility for business in service of appraisal of prices. In case where the
certificate of eligibility for business in service of appraisal of prices is
lost or damaged, it is required to have certification of People’s Committee or
police office at communal/ward level where the certificate is lost or damaged;
c) Receipt of paying fees as prescribed;
d) Authenticated copies of document on appointment
of position for legal representative of enterprise, documents of authorization
in appraisal of prices (if any).
Article 15. Time limit for
grant, re-grant of certificate of eligibility for business in service of appraisal
of prices
1. Within 15 (fifteen) working days after receiving
fully 01 (one) set of dossier made by enterprise as prescribed in Clause 1
Article 14 of this Decree, the Ministry of Finance shall grant certificate of
eligibility for business in service of appraisal of prices for the price appraisal
enterprises.
2. Within 10 (ten) working days after receiving
fully 01 (one) set of dossier made by enterprise as prescribed in Clause 2
Article 14 of this Decree, the Ministry of Finance shall re-grant certificate
of eligibility for business in service of appraisal of prices for the price
appraisal enterprises.
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Article 16. Fee for grant,
re-grant of certificate of eligibility for business in service of appraisal of
prices
1. Enterprises must pay fees when submitting
dossier of grant, re-grant of certificate of eligibility for business in
service of appraisal of prices.
2. The Minister of Finance shall specify the
collection, regime of collection, remittance, management and use of the feed
for grant, re-grant of certificate of eligibility for business in service of
appraisal of prices.
Article 17. Changes must
notify the Ministry of Finance
1. In the course of appraisal of prices, the price
appraisal enterprises must notify in writing the Ministry of Finance when
change one of the following contents:
a) Cases of changing and leading the
dissatisfactory of one of conditions for grant of certificate of eligibility
for business in service of appraisal of prices for enterprises as prescribed in
Article 39 of the Price Law;
b) Cases of changing which need re-grant
certificate of eligibility for business in service of appraisal of prices for
enterprises as prescribed in Clause 2 Article 13 of this Decree;
c) List of the price appraisers who register for
practicing at enterprise, including: Name, year of birth, hometown, number of
card of appraiser and date of issue of the card of price appraiser;
d) Enterprise is divided, separated, merged,
consolidated or changed form of ownership;
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e) Enterprise is withdrawn certificate of business
registration, certificate of enterprise registration.
2. Within 15 (fifteen) working days after having
changes of contents specified in Clause 1 of this Article, the price appraisal
enterprises must notify in writing the Ministry of Finance for the Ministry of
Finance to monitor, sum up information, review the conditions for business of
enterprises to serve for state management over the price appraisal enterprises.
Article 18. Members being
organizations of limited liability companies with two members or more and
joint-stock companies of appraisal of prices
1. Members being organizations may contribute
maximally 35% of charter capital of the limited liability companies with two
members of appraisal of prices. Founding shareholders which are organizations
may contribute maximally 35% of charter capital of the joint-stock companies of
appraisal of prices. In case there are many organizations contributing capital,
the number of contributed capital of organizations is maximally equal to 35% of
charter capital of the limited liability companies with two members or more and
joint-stock companies of appraisal of prices.
2. Representatives of members being organizations
specified in Clause 1 this Article must be price appraiser and must register
for practicing at the price appraisal enterprise which organizations
contributed capital; concurrently are not permitted to contribute capital in
that price appraisal enterprise with entity of an individual, not permitted to
be representative of organization contributed in establishment of other price
appraisal enterprise.
SECTION 2. SUSPENSION OF
BUSINESS IN PRICE APPRAISAL SERVICES, WITHDRAWAL OF CERTIFICATE OF ELIGIBILITY
FOR BUSINESS IN PRICE APPRAISAL SERVICES
Article 19. Suspension of
price appraisal services
1. A price appraisal enterprise may be suspended business
in price appraisal services as prescribed in Clause 1 Article 40 of the Price
Law when falls in one of following cases:
a) Fail to satisfy one of conditions corresponding
type of enterprise specified in Clause 1, Clause 2, Clause 3, Clause 4 and Clause
5 Article 39 of the Price Law during consecutive 03 (three) months.
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- Fail to comply with the Vietnam Criteria of
appraisal of prices.
- Disclose information about record, customers of
appraisal of prices and assets that are appraised price unless customers of
appraisal of prices agree or law provided for permission.
- Having act of collaborating with owners of
assets, customers of appraisal of prices, concerned persons when perform
appraisal of prices with the aim to falsify result of price appraisal.
- Falsifying record of assets subject to appraisal
of prices or falsifying information involving assets subject to appraisal of
prices which lead the higher or lower result of price appraisal of the price
appraising enterprise at difference of 10% for assets being real estate,
equipment, transport, and 15% for assets being materials, goods in comparison
with the final result of price appraisal of competent state applied to same
method of price appraisal.
2. The Ministry of Finance shall issue decision on
suspension of business operation in price appraisal services.
3. The maximum time for suspension of business
operation in price appraisal services is 60 (sixty) days from the effective
date of decision on suspension. In this time, enterprises must have written
report and send it to the Ministry of Finance, regarding handling and remedying
violations of units enclosed with relevant documents to prove, concurrently
suggest permission to continue the business operation of price appraisal
service.
Based on report of enterprise, the Ministry of
Finance shall consider and notify in writing to permit enterprise to continue
operating appraisal of prices under certificate of eligibility for business in
price appraisal service corresponding to type of enterprise specified in Clause
1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 39 of the Price Law or
handle by withdrawal of certificate of eligibility for business in price
appraisal service as prescribed in Article 20 of this Decree.
4. In time of being suspended the business
operation of price appraisal service, the price appraisal enterprises must be
responsible for contracts of price appraisal signed with customers, labor
contracts signed with appraisers, employees and other legal obligations as
prescribed, unless parties have other agreement.
5. The Ministry of Finance shall post up publicly
on website of the Ministry of Finance the list of price appraisal enterprises
which are suspended business operation of price appraisal services, list of
price appraisal enterprises which are eligible for continuing operation of
price appraisal after being suspended.
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1. The price appraise enterprises may be withdrawn
certificate of eligibility for business in price appraisal service as
prescribed in Clause 2 Article 40 of the Price Law.
2. The Ministry of Finance shall issue decision on
withdrawal of certificate of eligibility for business in price appraisal
service; post up publicly list of the price appraisal enterprises which are
withdrawn certificate of eligibility for business in price appraisal service;
delete name out list of price appraisal enterprises which are eligible for
appraisal of prices on website of the Ministry of Finance.
3. The price appraisal enterprises which are
withdrawn certificate of eligibility for business in price appraisal service
must terminate business in price appraisal service from the effective date of
decision on withdrawal.
SECTION 3. FORM, SCOPE OF PRICE
APPRAISAL SERVICE PROVISION OF FOREIGN PRICE APPRAISAL ORGANIZATIONS IN VIETNAM
Article 21. Form of price
appraisal service provision of foreign price appraisal organizations in Vietnam
1. Foreign price appraisal organizations that are
established and operate legally in price appraisal service provision in their
countries may contribute capital with Vietnamese price appraisal enterprises to
establish limited liability companies with two members or more, joint-stock
companies in order to business in price appraisal service in Vietnam. The rate
of capital contribution of foreign price appraisal organizations and
representatives of foreign price appraisal organizations participating in
capital contribution shall comply with Article 18 of this Decree.
2. Conditions for establishment, operation and
dossier of requesting for grant, re-grant of certificate of eligibility for
business in price appraisal service applicable to the price appraisal
enterprises contributed capital by foreign price appraisal organizations shall
comply with provisions of law on enterprises, Clause 2 and Clause 5 Article 39,
Article 43 of the Price Law and regulation of this Decree.
Article 22. Cases where price
appraisal enterprises which are contributed capital by foreign price appraisal
organizations are not permitted to perform appraisal of prices
1. Cases prescribed in Article 10 of this Decree.
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SECTION 4. ORDERS OF AND
PROCEDURES FOR PRICE APPRAISAL OF STATE
Article 23. Requirement of
asset price appraisal
1. Competent state agencies perform appraisal of
asset prices at the request in writing of competent state agencies or agencies,
organizations, units which are assigned to purchase, sell, liquidate, lease,
hire state assets in cases prescribed in Clause 2 Article 31 and Article 44 of
the Price Law, specifying as follows:
a) Purchase, sale, liquidation, lease state assets
or hire assets to serve for operation of state agencies as prescribed by law on
management and use of state assets;
b) Fail to hire any enterprise to appraise prices
for state assets in case where agencies, organizations, units which are
assigned to purchase, sell, liquidate, lease, hire state assets have posted up
publicly information over 15 (fifteen) days to invite for supplying the price
appraisal service but there is no price appraisal enterprise participating in,
except for bidding case which shall comply with provisions of law on bidding;
c) Purchase, sell assets belonging to state secret
as prescribed by law on list of state secrets;
d) Purchase, sell state assets with big value and after
having hired the price appraisal enterprise, agency or person competent to
approval realize that it is necessary to have appraisal of competent state
management agency according to decentralization of appraising prices of state
assets specified in point n clause 2, point b clause 3 and point b Clause 4
article 5 of this Decree.
2. Documents requesting for appraising price of
assets must have the following principle contents:
a) Name of agency requesting for price appraisal;
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c) Information about assets subject to price
appraisal enclosed with relevant documents; evaluation certificate of
economic-technical status, quality of assets subject to price appraisal;
certificate, report about result of price appraisal (if any) and relevant other
documents.
3. In case it is necessary to have to have opinion
about price appraisal of competent state management agency as prescribed in
point d Clause 1 this Article, in the request document must clearly state
reason of requesting for opinion about price appraisal.
Article 24. Receipt of
requirement for asset price appraisal
1. Document requesting for asset price appraisal is
sent to the state agency competent to perform asset price appraisal according
to decentralization specified in Clause 2, Clause 3 and Clause 4 Article 5 of
this Decree.
2. Agencies competent to asset price appraisal
shall perform asset price appraisal at the request of agencies requested for
price appraisal; in necessary, a Council of price appraisal may be established
as prescribed in Article 45 of the Price Law, Article 28 of this Decree and
relevant law.
3. In case of refusal for price appraisal due to
not accordance with state management competence of price appraisal specified in
Article 5 of this Decree; insufficient information, documents at the request
specified in point p Clause 1 Article 26 and point c Clause 1 Article 29 of
this Decree; cases not allowed to participate in price appraisal as prescribed
in Article 31 of this Decree, agencies competent to asset price appraisal must
reply in writing in which clearly state reason thereof.
Article 25. Orders of asset
price appraisal
1. Competent state agencies shall perform asset
price appraisal according to the following orders:
a) Defining generally about assets subject to price
appraisal;
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c) Surveying reality, collecting information
involving assets subject to price appraisal;
d) Analyzing information;
dd) Determining value of asset subject to price
appraisal based on regulation on counting price of assets, goods, service, the
Vietnam criteria of price appraisal promulgated by the Ministry of Finance;
principles, grounds, methods of determining price as prescribed by law
involving asset subject to price appraisal;
e) Making report about result of price appraisal,
documents replying about result of price appraisal and submit to heads of
agencies competent to price appraisal for the approval; after that, send
document replying about result of the price appraisal to agencies requesting
for price appraisal.
2. Depending on assets subject to appraisal, the
orders of price appraisal may be shortened some steps in comparison with
provision in Clause 1 of this Article.
3. Agencies requested for price appraisal shall supply
information and documents related to assets subject to price appraisal;
coordinate in surveying reality of assets subject to price appraisal, if
necessary.
Article 26. Rights and
obligations of heads, civil servants of state agencies when appraise prices of
state assets
1. Heads and civil servants of state agencies have
rights:
a) To organize price appraisal under their
competence specified in Article 5 of this Decree or perform price appraisal
under assignment of agencies, organizations subject to request for price
appraisal;
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c) Heads of state agencies are entitled to hire
organizations which have function to perform evaluation on economic – technical
status, quality of assets; hire services for asset price appraisal with the aim
to have more information to serve the price appraisal of state agencies.
Expenses for hiring shall comply with Article 32 of this Decree;
d) To refuse the asset price appraisal in case of
insufficient information and documents at the request specified in point b
Clause 1 of this Article;
e) To be enjoyed regimes, policies as prescribed by
law on price appraisal and other relevant provisions of law.
2. Heads and civil servants of state agencies have
obligations:
a) To comply with the orders of asset price appraisal
as prescribed in Article 25 of this Decree;
b) To ensure the independence about professional
operations; the truthfulness, objectivity in the course of asset price
appraisal;
c) Keep information in secret as prescribed by law.
3. Apart from rights and obligations specified in
Clause 1 and Clause 2 of this Article, heads, civil servants of state agencies
when perform price appraisal of state assets have rights and obligations as
prescribed by law on civil servants.
Article 27. The making and
storage of dossier of asset price appraisal
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a) Written request for asset price appraisal;
Decision on establishment of Council of price appraisal in case of establishing
Council of price appraisal;
b) Report on result of price appraisal and document
replying about result of price appraisal; Record of asset price appraisal and
conclusion of asset appraisal of prices in case of establishing Council of
price appraisal;
c) Other documents relating to the asset price
appraisal.
2. Agencies competent to asset price appraisal or
agencies presiding over establishment of Council of price appraisal shall
preserve, store dossiers of price appraisal as prescribed by law on archival.
Time for archival is not less than 10 (ten) years after the day ending price
appraisal, unless otherwise prescribed by law.
Article 28. Council of price
appraisal
1. Members of the price appraisal Council
a) The asset price appraisal Council of the
Ministry of Finance is established under competence on state management
specified in point n Clause 2 Article 5 of this Decree, leader of the Ministry
of Finance or an authorized person is chairperson of Council, other members
include:
- Representative of unit specialized in price
management under the Ministry of Finance;
- Representative of unit specialized in state asset
management under the Ministry of Finance;
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In case where the asset price appraisal Council
established by the Ministry of Finance under competence on state management
specified in point b Clause 3 Article 5 of this Decree, members of Council
shall comply with provision in point b Clause 1 of this Article.
b) For the asset price appraisal Council of other
Ministry, Ministerial-level agency, Governmental agency, other agency at
Central level (hereinafter abbreviated to Ministry, Central agency), leader of
Ministry or Central agency possessing assets subject to price appraisal or an
authorized person is chairperson of Council, other members include:
- Head of unit possessing assets subject to price
appraisal;
- Representative of unit specialized in price
management or financial management under the Ministry, central agency and
division specialized in price or finance, accounting of unit possessing assets
subject to price appraisal;
- Agency competent to decide on establishment of
Council shall, base on nature, characteristics of assets subject to price
appraisal, decide other members.
c) For the asset price appraisal Council at
provincial or district level, leader or an authorized person of state finance agency
(Department of Finance, Division of Finance and Planning) is chairperson, other
members include:
- Representative of unit possessing assets subject
to price appraisal;
- Representative of unit specialized in price
management, finance management of the state financial agency;
- Agency competent to decide on establishment of
Council shall, base on nature, characteristics of assets subject to price
appraisal, decide other members.
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- Representative of division specialized in price
or finance, accounting of unit assigned to purchase, sell, manage, use of
assets;
- Representative of division specialized in price
or finance of the superior agency;
- Agency competent to decide on establishment of
Council shall, base on nature, characteristics of assets subject to price
appraisal, decide other members.
2. The price appraisal Council must have at least
one member trained, improved the professional operations specialized in price appraisal
as prescribed by the Ministry of Finance or had graduation diploma of college,
university, post-university specialized in price, price appraisal.
3. In necessary case, chairperson of the price
appraisal Council may decide on establishment of Assistant Group for the price
appraisal Council.
4. Council of price appraisal works in collective
principle. Meeting session of price appraisal may carry out only when there are
presence of at least 2/3 quantity of members of the asset price appraisal
Council. In case where the asset price appraisal Council has only 03 members,
the meeting session must have presence of full 03 members. Chairperson of the
price appraisal Council shall chair the meeting session of price appraisal.
Before carrying out the meeting session of price appraisal, the absent members
must have document and send it to chairperson of the price appraisal council in
which clearly state reason of absence and their independent opinion about
issues related to prices of assets subject to appraisal.
The price appraisal Council will conclude about
prices of assets under opinion of majority voted and passed by its members who
are present at meeting. In case where number of various opinions is equal, the
opinion with the vote of the chairperson of Council is decisive opinion.
Members of the price appraisal council have right to make reservations to their
opinions if disagree with conclusion on prices of assets decided by the
Council; such reserved opinions will be inscribed in record of meeting of asset
price appraisal.
5. The asset price appraisal Council as prescribed
in Clause 1 of this Article will terminate its operation after finished task
specified in Decision on establishment of Council. Agency competent to
establishment of Council shall preside over handling of cases arising after the
asset price appraisal Council terminated operation.
Article 29. Rights and
Obligations of Council of price appraisal
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a) To request agencies requesting for price appraisal
or agencies, organizations, unit which have assets subject to price appraisal
or other relevant organizations, individuals for supplying necessary
information and documents to serve for appraising prices of assets;
b) To hire organizations with function of implement
evaluation on economic – technical status, quality of assets; hire services for
asset price appraisal with the aim to have more information to serve the price
appraisal of the price appraisal council. Expenses for hiring shall comply with
Article 32 of this Decree;
c) To refuse the asset price appraisal in case of
insufficient information and documents at the request specified in point a
Clause 1 of this Article;
d) Other rights as prescribed by law.
2. Council of price appraisal has obligations:
a) To comply with the orders of asset price
appraisal as prescribed in Article 25 of this Decree;
b) To ensure the independence about professional
operations; the truthfulness, objectivity in the course of asset price
appraisal and take responsibility for result of asset price appraisal;
c) Keep information in secret as prescribed by law;
d) Other obligations as prescribed by law.
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Article 30. Rights and
Obligations of members of the price appraisal Council
1. Members of the price appraisal Council have
rights:
a) To access relevant information and documents to
serve for the asset price appraisal;
b) To give out their cognizance, assessment during
course of price appraisal;
c) To vote to determine prices of assets; in case
of having various opinion, they have right to make reservations and inscribed
in record of meeting of Council;
d) To be enjoyed regimes, policies as prescribed by
law on price appraisal and other relevant provisions of law;
e) Other rights as prescribed by law.
2. Members of the price appraisal Council have
obligations:
a) To comply with the orders of asset price
appraisal as prescribed in Article 25 of this Decree;
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c) Keep information in secret as prescribed by law;
d) Other obligations as prescribed by law.
Article 31. Cases are not
participated in price appraisal
1. Persons who have rights and obligations related
to assets subject to price appraisal or have conducted price appraisal over such
assets before establishing the price appraisal Council.
2. Persons whose parents, spouses, children,
brothers and sisters are price appraisers, persons in charge of management,
members of Control Board of price appraisal enterprises having conducted price
appraisal over such assets before establishing the price appraisal Council.
3. Persons who are in time of discipline execution
with form of warning or heavier, persons who are on administrative probation,
persons who are incapable of civil acts or limited the civil act capacity.
Article 32. Expenses for price
appraisal of state-owned assets
1. Expenses to serve for price appraisal of State
are covered by funding from state budget of agency assigned task of price
appraisal or agency competent to establishment of the price appraisal Council
in case of establishing the price appraisal Council. The Ministry of Finance
shall specify expenses serving for price appraisal of state-owned assets.
2. Especially, for case of price appraisal when
procure, sell, liquidate state-owned assets, expenses serving for price
appraisal shall comply with regulation of law on management, use of state-owned
assets, law on bidding and other relevant law.
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ORGANIZATION OF
IMPLEMENTATION
Article 33. Transitional
provisions
1. Within 02 (two) years after this Decree takes
effect, enterprises which are practicing price appraisal under notification of
the Ministry of Finance before the effective date of this Decree must ensure
conditions as prescribed by the Price Law and provisions in this Decree and
submit dossier in order to be granted certificate of eligibility for business
in price appraisal services by Ministry of Finance.
2. Within 02 (two) years after this Decree takes
effect, the establishment of price appraisal council must ensure conditions as
prescribed in Clause 2 Article 28 of this Decree.
Article 34. Effect
1. This Decree takes effect on September 25, 2013.
2. To annul the Government’s Decree No.
101/2005/ND-CP dated August 03, 2005, on price appraisal; to annul provisions
on price appraisal at Article 14, Article 15, Article 16, Article 17, Article
18, Article 19 of the Government’s Decree No. 170/2003/ND-CP dated December 25,
2003, detailing implementation of a number of Articles of the Price Ordinance;
to annul provisions on transitional handling for price appraiser at Clause 3
Article 24 of the Decree No. 153/2007/ND-CP dated October 15, 2007, detailing
and guiding implementation of Law on real estate business.
3. Cards of price appraiser which have been issued
as prescribed by previous law on price appraisal are still legally valid from
the date the Price Law and this Decree takes effect.
Article 35. Responsibility of
implementation
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung