CIRCULAR additional amendments to some articles of the circular No. 127/2012/TT-BTC dated 8 August 2012 the Ministry of Finance's guidance on criteria, conditions and procedures to recognize the organization provides services to enterprise valuation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 the Government functions duties, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 59/2010/ND-CP on November 18, 2011 the Government transferred 100% of State enterprises into joint-stock companies;
Pursuant to Decree No. 189/2013/ND-CP on November 20, 2013 amend and supplement some articles of Decree No. 59/2010/ND-CP of the Government on the transfer of 100% of capital of State enterprises into joint-stock companies;
Pursuant to Decree No. 89/2013/ND-CP on February 6, 2013 detailing the Government's implementation of some articles of the law Reviews of valuation;
According to the proposal of the Director General, finance banks and financial institutions, the Minister of Finance issued a circular amending and supplementing some articles of circular No. 127/2012/TT-BTC dated 8 August 2012 standard instructions, conditions and procedures to recognize the organization provide services valuation of the business.
Article 1. Amendments and supplements to some articles of the circular No. 127/2012/TT-BTC dated 8 August 2012 the Ministry of Finance's guidance on criteria, conditions and procedures to recognize the organization providing the service business valuation (hereinafter referred to as the circular No. 127/2012/TT-BTC) as follows : 1. Amend paragraph 1 point b of article 3 as follows: "b) that identify the business processes of business value consistent with the Decree No. 56/2010/ND-CP of the Government on the transfer of 100% of capital of State enterprises into joint stock companies, Decree No. 189/2013/ND-CP amending and supplementing a number of articles of Decree No. 59/2010/ND-CP of the Government on turning 100% state capital business into the company shares, the relevant guidance documents and text amendments, supplements (if any); "
2. Modify the point d of article 3 paragraph 1 as follows: "d) Have at least three (3) staff assessment of the price has been the Ministry of Finance issued the card appraiser about the price; The appraiser about the price of labor contract does not specify the duration or employment contract defines the term as defined in point a, point b Article 22, paragraph 1 of the Labor Law No. 10/2011/QH13 with valuation advice organization; "
3. Amend paragraph 4 to article 6 as follows: "4. valuation advisory organization does not meet the provisions of Paragraph 1 of this article are handled as follows: a) was eliminated from the list when the valuation advisory organization does not meet the provisions of art. 1 of this article. The case of this organization meets the standards, the conditions specified in point a, point b, point d, point e e the point paragraph 1 of article 3 of this circular shall be reregistered to become consulting organization identified as prescribed in this circular;
b) Were removed from the list when the valuation advisory organization does not meet specified in point b of Paragraph 1 of this article do not submit full reports or slowly filed the report results of operations. These organizations are allowed to re-register to become valuation consulting organizations in the adjacent next year if eligible under the provisions of this circular;
c) Were removed from the list when the valuation advisory organization does not meet specified in point b of Paragraph 1 of this article do not submit results of operations report. These organizations are allowed to re-register to become valuation consulting organization after the time limit of three (3) years if eligible under the provisions of this circular. "
4. Amend paragraph 1 article 7 as follows: "1. valuation consulting organization automatically excluded from the list of valuation advisory organizations are recognized by the Ministry of finance in the following cases: a) revoked the license of the enterprise's activity;
b) bankrupt, dissolved;
c) changing business lines and business functions as defined in point a of article 3 paragraph 1 of this circular;
d) made the separation, merger, split, merge, convert that once divided, split, merger, consolidation, change does not meet the criteria of valuation consulting organization specified in point a, point b, point d, point VND Account 1 article 3 of this circular;
DD) Are violations of the law, there are signs of criminal offences according to the conclusions of the competent State bodies about the check, the Inspector;
e) during the period of suspension of trading at the request of the business registration agency, the competent State agencies when the business no longer qualifies under the provisions of the law. "
5. Amend paragraph 1 point b article 9 as follows: "b) content of reports made under the form of reporting the results of activities of organization consulting valuation attached in annex 5 of this circular, including the following:-to meet the standard, the condition of valuation consulting organization as defined in point a , point b, point d, point e e the point paragraph 1 of article 3 of this circular;
-The situation, the results of the activities of valuation consulting business in the reporting period;
-Comments received by competent authorities decide to stock options or stock Steering Committee of quality consulting services as defined in article 11 of this circular. "
6. Modify Article 11 paragraph 4 as follows: "4. comments received in writing about the service quality valuation consulting organization for each contract consulting business valuation within twenty (20) days after the end of the contract according to the model in annex 4 of this circular attachments."
7. Modify Annex 1 registration form "became the" valuation consulting organization, Appendix 2 list of contract "provided services within the operating licence," Appendix 4 "the situation using the consulting services of business valuation enterprises subordinated to proceed with privatization" attached to circular No. 127/2012/TT-BTC into the corresponding Appendix attached to this circular.
8. additional Appendix 5 template rules to report the result of the organized activities of valuation consulting.
Article 2. Effect 1. This circular is effective from September 2, 2015.
2. The business was removed from the list due to valuation advisory organization does not meet specified in point b of paragraph 1 article 6 circular 127/2012/TT-BTC before this circular have enforceable allowed to re-register to become valuation consulting organization before February 28, 2015. Pursuant to the provisions of circular No. 127/2012/TT-BTC and this circular, the Ministry of finance will announce the list of additional valuation consulting organization provided valuation services enterprise equitization for 2015 before 31 March 2015.
3. In the process of implementing, if there are difficulties, obstacles and valuation consulting organizations and units concerned timely reporting to the Ministry of finance to review specific instructions./.