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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
33/1999/TT-BTM
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Hanoi, NOVEMBER 18, 1999
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CIRCULAR
GUIDING THE
IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.20/1999/ND-CP OF
APRIL 12, 1999 ON THE PROVISION OF GOODS-ASSESSMENT SERVICES
Pursuant
to the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on the provision
of goods-assessment services, which is hereinafter referred to as Decree
No.20/1999/ND-CP for short, the Ministry of Trade hereby guides a number of
specific points for uniform implementation as follows:
I.
SUBJECTS ELIGIBLE AND CONDITIONS FOR GOODS-ASSESSMENT SERVICE PROVISION
1. Eligible subjects
Only the following subjects are eligible for
goods-assessment services provision:
a/ Vietnamese enterprises of all economic
sectors which are granted by the competent agency(ies) business registration
certificates for the provision of goods-assessment services;
b/ Foreign-invested enterprises which are
granted by the competent agency(ies) investment licenses for the provision of
goods-assessment services;
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Subjects doing business in the provision of
goods-assessment services according to Clauses a, b and c above, shall be
hereinafter referred to as the goods-assessment service providers.
2. Business conditions
Goods-assessment service providers must fully
meet the following conditions:
a/ Being enterprises established under the
provisions of law;
b/ Being enterprises specialized in the
goods-assessment service provision, not belonging to the organizational
structure of other enterprises which are not specialized in the
goods-assessment service provision.
II.
BUSINESS SCOPE AND PRINCIPLES FOR THE GOODS-ASSESSMENT OPERATIONS
1. Business scope
The business scope of goods-assessment service
providers shall be as follows:
a/ Vietnamese enterprises engaged in the
goods-assessment service business shall conduct the assessment and issue
goods-assessment certificates according to the fields stated in their business
registration certificates;
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c/ Branches of foreign goods-assessment
companies shall conduct the assessment and issue goods-assessment certificates
according to the fields stated in the permits for setting up branches in
Vietnam.
2. Principles for goods-assessment operations
Goods assessment operations shall be conducted
according to the following principles:
a/ Goods-assessment service providers shall
conduct the assessment and issue goods assessment certificates in the following
cases:
- They are requested by the parties to goods
purchase/sale contracts to assess goods;
- They are requested by one or several parties
to goods purchase/sale contracts to assess goods;
- They are requested by individuals or
organizations to assess goods;
- They are requested by the competent State
body(ies) to assess goods for performance of official duty(ies).
b/ The goods assessment must be conducted
according to the appropriate professional and technical procedures and ensure
the independence, neutrality, objectiveness, scientism and accuracy.
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Assessors must not assess goods related to their
own rights and economic interests.
III.
ASSESSMENT OF GOODS ON THE LIST OF GOODS SUBJECT TO THE STATE QUALITY
INSPECTION
1. For goods on the list of goods subject to the
State quality inspection, the goods owners shall have to request
goods-assessment service providers to conduct the goods assessment according to
the State quality inspection contents and pay assessment charges.
2. In cases where the parties to purchase/sale
contracts agree to request goods assessment and the contents and results stated
in assessment certificates conform to the State�s
regulations on goods on the list of goods subject to the State quality
inspection, such assessment certificates shall be valid as those issued at
requests for the State quality inspection.
IV. GOODS
ASSESSMENT AT REQUESTS OF THE COMPETENT STATE BODIES FOR PERFORMANCE OF
OFFICIAL DUTIES
1. When requesting assessment of goods related
to the performance of its official duty, a competent State body shall select a
goods assessment service provider to conduct the assessment, and shall pay the
assessment charge.
Goods-assessment service providers conducting
the goods assessment at State bodies’ requests for performance of
their official duties must be enterprises which fully meet the conditions and
criteria set by the competent State body(ies) according to provisions of Clause
3, Article 16 of Decree No.20/1999/ND-CP.
2. In cases where goods owners do not recognize
the result stated in assessment certificates, they may request an arbitration
organization to designate another assessment service providing enterprise as
specified in Clause 1 of this Section to re-assess the goods. The assessment
results of the assessment service providing enterprise designated by the
arbitration shall be the final one. The arbitration fee shall be paid by the
assessment requesting party.
V.
AUTHORIZATION OF GOODS ASSESSMENT
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2. Where a foreign goods-assessment organization
that has not yet been licensed to operate in Vietnam is requested to conduct
the goods assessment in Vietnam, such foreign assessment organization shall
have to authorize an assessment service provider specified in Clause 1, Section
I of this Circular to perform the goods assessment. The assessment
authorization shall be effected according to the agreement between the
authorizer and authorized.
VI.
CRITERIA FOR ASSESSORS; SIGNATURES AND SEALS IN GOODS-ASSESSMENT CERTIFICATES
1. Criteria for assessors
a/ Criteria for assessors shall comply with
Clause 1, Article 7 of Decree No.20/1999/ND-CP.
b/ For persons who had worked as assessors for 5
years or more before the effective date of Decree No.20/1999/ND-CP, the
directors of goods-assessment service providers may issue decisions to
recognize such persons as assessors.
2. Signatures and seals in goods-assessment
certificates
a/ The assessment certificate must contain
signatures of the competent representative of the goods-assessment service
provider and the assessor with their full names clearly inscribed.
b/ The signature of the competent representative
of the goods-assessment service provider must be put on the bottom right of the
assessment certificate, while that of the assessor on the bottom left of the
assessment certificate.
c/ The seal on the assessment certificate must
be the professional one already registered by the provider at the competent
police office and affixed on the signature of the competent representative of
the goods-assessment service provider and shall be valid only for assessment
certificates issued by the provider.
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VII.
IMPLEMENTATION PROVISIONS
1. This Circular takes effect 15 days after its
signing.
2. Every six months, before July 15 each year
and before January 15 of the following year, goods-assessment service providers
shall have to send written reports on their operations to Trade Services of
provinces or cities where they are headquartered for the latter’s
sum-up reports to the Ministry of Trade according to Article 5 of Decree
No.20/1999/ND-CP.
FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau