Circular 02/2014/ttlt-Tandtc-Vksndtc-Btp-Btc: Guidelines For Implementing Article 92 The Code Of Civil Procedure Was Amended And Supplemented By The Law On Amendments And Supplements To Some Articles Of The Code Of Good

Original Language Title: Thông tư liên tịch 02/2014/TTLT-TANDTC-VKSNDTC-BTP-BTC: Hướng dẫn thi hành Điều 92 Bộ luật tố tụng dân sự đã được sửa đổi, bổ sung theo Luật sửa đổi, bổ sung một số điều của Bộ luật Tố t

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THE PEOPLE ' S COURT OF DARKNESS.
Number: 02 /2014/TTLT-TANDTC-VKSNDTC-BTP-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 28, 2014

FEDERAL INFORMATION

Oh. Go ahead. Fuck! 92. B The rules I Civil war.

Okay. Half Fuck. socket i, supplemable L The amendment, some of the things.

B The rules I Civil war. Asset pricing, property price guide

__________________

The Code of Code. I The civil service was amended, supplematuated by the Amendment Act, the addition of some of the Code. I It was announced by the National Assembly of the Socialist Republic of Vietnam XII, the ninth session through March 29, 2011.

2012 Cost of Law;

The Law base. I the court of the People's Court;

The Law base. I It's a civil service.

The French base. - The cost of the judging, the valuation; the cost of the witness, the interpreter in 2012;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and structures, the organization of the Ministry of Justice;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and structures, the organization of the Ministry of Finance;

Chief of the Supreme People 's Court, the Supreme People' s Office of the Supreme People, the Minister of Justice, Minister of Finance, issued the Executive Chairman of the Executive Chairman of the Executive Committee of Article 92 The Civil Procedal Code was amended, supplematuated by the Amendment Law. In exchange, a number of the provisions of the Civil Code for the valuation of property, property pricing.

What? 1. The adjustment range

This joint venture guidelines for the implementation of the provisions in accordance with the amended Articles 92 of the Civil Procedism Code, supplematuated by the amended Law, which complements some of the provisions of the Civil Procedism Code to be locked by the Socialist Republic of Vietnam XII, the 9th Session. through March 29, 2011 (the following abbreviated as BLTTDS) on the property valuation, the asset price appraisal.

What? 2. Asset pricing principle

1. The parties are self-agreement on determining asset prices, selecting the asset price appraisal to determine the value of the property. The state respects the agreement of the parties at the time of the valuation of the property, the choice of the organization to determine the asset price by law, unless the parties deal with each other or with a low price appraisal in order to escape. Avoid duty with the State.

2. The valuation of assets is made based on the technical standards, the status of the property; in accordance with the market price where the asset is at the time of valuation.

3. Make sure the honest, objective, public, public law of the law.

4. The property price is calculated in Vietnam.

5. The case of valuing is no longer the determining price of the base to the document, whether it is in the case file or the price reference of the property of the same type or property that has the same features, the technical standard for identification. Property of the same type, property with the same features, the technical standard defined by the rule of law.

What? 3. Agreement on determining asset prices

The agreement on the determination of the disputed property price must meet the following requirements:

1. The recipient of the agreement on determining the property price must be the incumbent or the legal representative of the incumbent;

2. The parties to the agreement are fully voluntary;

3. Compliance guidelines at Article 2 of this Federal Information;

4. The agreement must be established in writing, having the signature of the parties to the agreement.

What? 4. Agreement on the selection of the property price appraisal

The agreement of the parties for the selection of the property price appraisal must meet the following requirements:

1. The agreement of the parties must meet the requirements that are directed at Article 3 of this Federal Information.

2. The Organization for the Appraisal is selected to be eligible to operate under the law of the price appraisal.

What? 5. Ask the property price appraisal

1. The case of the contemporary parties asking the Court to ask the organization to judge the property price is required to specify the name of that price appraisal. During the ten-day period of work, since the date of receiving the requested text of the incumbent, the Court sent the text asking for that price organization to proceed with the appraisal price appraisal.

2. The case that there is that the Court requires a property valuation organization to proceed with the valuation appraisal, then the Court must inform the other authorities in the case of the civil war. In the fifteen-day period, since the date of receiving the written notice of the Court, which is of no opinion or consent to consent to the institution of that price, the Court sent the text asking the intention to organize the valuation that the authorities requested. Proceed with the appraisal appraisal. In the event that there is a non-agreement on the pricing organization, the authorities have the right to ask the Court to value the property as prescribed at 1 As 7 of this Federal Information.

3. The incumbent case requires that the Court ask for a price appraisal of the property valuation that is disputed by paragraph 1 and paragraph 2 This must be done in writing, having the signature of the requested person and the paper, the certificate document qualified. The price appraisal is defined by the law of that price appraisal organization. A request for the implementation of a Form 01 issued with this Conventional Information.

What? 6. The execution requires the asset price appraisal process to conduct an asset price appraisal at the request of the incumbent.

1. After there is sufficient text to document the asset price appraisal of the valuation of assets under the provisions of Article 5 of this Relevant Information, the Office of the Executive Board requires the organization to conduct the valuation of the asset price appraisal. A dispute.

2. Shortly after receiving a written reply about agreeing to proceed with the valuation of the property of the valuation property, the Court must inform the incumbent parties to conduct the procedure at the request of the property pricing organization in accordance with the agreement. The rules of law. In the event that the organization appraisal bids from the property price appraisal, the Court informs the incumbent to choose another price appraisal.

3. The conduct of the pricing appraisal procedure of the price appraisal is conducted under the regulation of the property price appraisal law.

4. Shortly after the results of the price appraisal, the property price appraisal must submit the results of the price appraisal to the Tribunal. The court informed the valuation results for the parties involved in the valuation of the property.

5. The price appraisal is seen as evidence if the price appraisal is conducted properly according to the rule of law.

What? 7. The Court ruled the property valuation

1. The Tribunal makes the decision to price the property upon the request of the incumbent.

The Court order requires that the property valuation is disputed by Form 02 issued by this Commission.

2. The Tribunal makes the decision to price the property without depending on the requirements of the incumbent when the base determines the parties to each other or with a low price appraisal organization to evade obligations with the State.

What? 8. The procedure to establish the valuation council and decision to valuation property

1. Before the Court decision to determine the disputed property price, the Court must determine the asset that needs to be priced, the specialized body involved, the number of members of the valuation council. On that basis, the Court sent the text of the financial body to finance the same representative as Chairman of the Valuation Council, other specialized agencies with a competent authority to have a degree of expertise related to the property that needs to be valued as a member. The Board of Valuation. The Office of the Court must state the property that needs the valuation, specific requirements for the Chairman of the Valuation Council, member of the Board of Valuation. During the ten-day period of work, since the date received the Court's request, the financial institution and other specialized agencies must have the court sent to the Court for the election of the Assembly. The case cannot be done in accordance with the request deadline for the sending of a person, then there must be a written statement stating the reason.

2. After receiving the text from participating in the Financial Authority ' s Valuation Council and the specialized agencies, the Judge resolved the case to examine those sent in the prescribed cases at Article 46 BLTTDS and guidelines at Article 13 of the General Assembly. Resolution. 03 /2012/NQ-HTP March 12-2012 of the Supreme People's Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Civil Procedal Code has been amended, supplematuated by the amended Law, the addition of certain provisions of the Code. Civil or not. If the case is listed above, the Court requires the body to be appointed by the Council to nominate the other.

3. During the five-day period of work, as of the day the Court received the election of being elected by the participants of the government of the financial authorities and the professional bodies, the Court decided to settle the property. The decision to valuation the property made by Form 03 issued with this Conventional Collusion.

4. The Court sent a Secretariat of the Court to help work on the receipt of the receipt for the conduct of the asset valuation and the implementation of the manual work at the point a 2 Article 15 of this joint venture.

5. In the event of necessity, the Court invites representative of the People's Committee, the ward, the town where the property needs to be valued at the valuation of the property valuation of the valuation council in accordance with the provisions of the 2 Article 92 BLTTDS.

What? 9. Send Decision Property Price

For a three-day period of work, since the date of the date of the valuation of the property, the Court sent the decision to price the assets and the documents of the property required for the members of the valuation council, the participants of the valuation and the Commission. The people, the people, the town, where the asset needs to be priced (in the case of inviting representatives of the People's Committee to witness the valuation).

What? 10. The request for change and the procedure to review changes to the Board Member

1. In a three-day period of work, since the date of receiving the decision to determine the disputed property, the incumbent, the individual, the organization has the right to submit a single or directly to the Court of Appeal required to change the membership of the valuation council.

The incumbent, the individual, the agency, the direct organization to the Court of Appeal for the Change of the Valuation Council, it must be fully written and stored in the civil case file.

2. The Court case found that the request for a change to membership of the Board was based on a three-day period of work, since the day the Court received a request to change the Board Member, the Court sent text to the agency that sent the required member. change to send others to join the Board of Valuation.

In case the Court found the request to change membership of the Board was not based on a three-day period of work, since the day the Court received a request to change the membership of the valuation council, the Court renotified by the document to the incumbent, the individual. By the way, the agency, the organization asks for a change in the membership of the Board of Valuation.

3. The decision to change the membership of the Board to be made by Form No. 04 issued with this same-term.

Number 11. The rights and obligations of the Board to value the property

The property valuation council has the following rights:

a) Personal requirements, agencies, organizations provide documents, information related to assets that need to be priced; provide text related to the condition, the remaining quality rate of the property;

b) Offer the Court to hire the services required to implement the valuation of the property;

c) Other rights under the rule of law.

The property pricing council has the following obligations:

a) Principles of principles, methods, procedures, procedures, asset pricing content as defined by law and guidelines at this Federal Information;

b) Runs the valuation of the assets according to the specified time in the asset valuation. In case the valuation of assets cannot proceed correctly in the time of the asset valuation decision, it is at least three working days, before the valuation deadline in the Decision, the Chairman of the Supreme Court must notify the Court. to the Court to decide on changing the time of valuation;

c) The conclusion of the value of the property is required to valuation and be responsible for that conclusion;

d) Other obligations under the rule of law.

Number 12. Member Member ' s rights and obligations to price the property

1. The Member of the Board defines the assets with the following permissions:

a) To be determined to value the property;

b) Make the identification, assessment of the properties, characteristics of the asset to be priced; on the base, the valuation method and the value of the asset required;

c) Form to determine the price of the property;

d) Be notified by the Court, timely by text of content, composition, time, location opening session of property valuation and related content;

) Other rights under the rule of law.

2. The Member of the Board of the Valuation of the property has the following obligations:

a) Perform the mandate in accordance with the valuation of the property and the assignment of the Chair of the Valuation Council;

b) Attend the full asset valuation session, time and location in the definition of the valuation or text of the Court;

c) responsible for the identification, evaluation, and voting of its instructions on point b, point c 1 This is;

d) Other obligations under the rule of law.

What? 13. Rights and obligations of the incumbent participation in the property valuation session

1. When participating in the current asset pricing session has the following rights:

a) The comment is when the Chair of the Council valuation is allowed;

b) Provide information, documents related to the disputed valuation asset.

2. There is a serious obligation to take over the provisions of the law and the guidelines of this federation.

What? 14. Asset pricing trusts

Where the property needs to be priced at the site where the Court's headquarters are addressing the civil case, the Court decides to delegate the valuation of the property by regulation at Article 93 BLTTDS and the text manual to the other Court or agency. There is a jurisdiction where the asset needs to be valued at the valuation of property.

What? 15. Presentation, procedure session of the Property valuation Council

1. The valuation council only conducts the session to valuation the property when it is fully available to the Council members.

2. The session of the Property valuation Council is conducted in the following sequence:

a) The Secretary is appointed by the Court for the Board of Valuation, to determine the presence, the absence of those who attend the session according to the summons, the court papers; if a person is absent, it is necessary to clarify the reason;

b) The Chair of the Public pricing Council decides the valuation of the property that is in dispute;

c) The valuation council conducts valuation on each property or part of the property;

d) Contemporary statement of the opinion of the valuation of the property when appointed by the President of the Council;

Member of the Board of the Valuation of the property that needs the valuation and price of the asset to be valued;

e) Chairman of the valuation council gives the asset price level to form;

g) You intend to price the asset price.

The decision on the price of the property was adopted when it was over 50% of the total number of members of the voting valuation Council. In the event of mutual opinion, the party's discretion is the decision of the decision.

3. The Session of the Valuation Council is written by the Secretary. The property valuation editor is executed by Form 05 issued with this Relevant Information. The receipt must have the signature of the members of the valuation council, the person, the witness, if any and of the Secretary of the Record.

4. Shortly after the conclusion of the session of the Valuation Council, the Board of Pricing Assets transfers the entire profile in relation to the valuation and the Boundary Valuation to the Court to save on the civil service record.

What? 16. Processing in case of obstruct behavior impede the valuation of the property valuation

In the case of impediability, the Board of the Board of Pricing requests the representatives of the townsfolk, the wards, the town, the public office, and other authorities to intervene, support it in time. Depending on the nature and extent of the impediation behavior that the person has the conduct of impede the valuation Council is dealt with by the rule of law.

In the absence of an asset valuation, the Board of Valuation is not able to proceed with the valuation of property due to the obstruction and circulation of the civil affairs file. The document cannot proceed to the valuation of the assets executed by Form 06 issued by this applicable.

Determining the value of the assets required in the case of a pricing contract cannot proceed to a valuation that is due to the impede behavior that will be determined in accordance with the instructions of these Articles 17 (s).

What? 17. The court determines property prices in some other cases.

1. The case of the parties is not self-agreed on determining the property price, but does not require the Court to ask the organization to determine the price appraisal of the property valuation or do not ask the Court to establish the Board of Valuation. The court required the parties to give the price of the property but not to violate the guidelines at the 2, 3, 4 Articles 2 of this Federal Information. In the fifteen-day period, since the date of the request of the Court, if the parties are given a unified price, the Court takes this price as a property price. In the event of various valuing, the Court took the average price of the price levels given by the authorities. In the case of only one person giving the asset price, the other parties did not give a price to the disputed asset, and the Court determined the value of the property at the cost of the party.

2. The case is that the incumbent impede the valuation committee, the Court requires that the incumbent does not impede the asset's bid, but is not violated by the provisions of the 2, 3, 4 Articles 2. In the fifteen-day period, since the date of the Court's request, if the authorities do not have the impediation of a unified price, the Court takes this price as a property price. In the absence of the unimpediable behaviour of different prices, the Court took the average price of the values given by the authorities. In the absence of a non-executive, the property price is not given to the disputed asset, and the Court determines the price of assets at the cost of the incumbent.

3. The incumbent case does not give the property price by regulation at paragraph 1, paragraph 2 of this or the parties at the same conduct impede the valuation Council to conduct an asset valuation or not file a cost to the cost of a property valuation in accordance with the rules. The Court of Law, the Court of Justice, is a case of civil war.

4. After the Court determines the property price as specified in paragraph 1 and paragraph 2 of this, which in return requires a valuation, the Court does not plan to value the property.

Number 18. Revaluation of assets

1. The Court is addressing the decision to revaluation the property by the required order of one or the other parties in the following cases:

a) There is a clear base showing that the asset valuation results are not consistent with the market price where the asset valuation at the time of valuation;

b) There is a view that the Valuation Council has conducted a lack of honest, objective, objective.

2. The case with the guidance base at this one, the Court is addressing the civil settlement that revaluation the property. If the Court of Appeal is addressing the civil case that must resettle the property, then the Court of Appeal may mandate the Court to grant the Court a settlement that revaluation the property.

3. The revaluation of assets made by the other Valuation Council, the established procedure and the provisions of the Council revaluation of the assets implemented as the Regulation Board of the Valuation at this Federal Information.

What? 19. appraisal costs, asset valuation

Price appraisal costs, asset valuation is made in accordance with the numerus command 02 /2012/UBTVQH13 March 28, 2012 of the Standing Committee of the National Assembly on the Cost of Examiner, Valuation; the cost of the witness, the translator in the proceedings, and the written instructions.

What? 20.

1. This joint venture has been in effect since 1 June 2014.

2. For civil cases that have been treated by the Court before the date of this President 's Day comes into effect, but since this President' s date has a new effect on preliminary trial, appellate, jury, retrial, applying this Federal Information to solve it. Yeah.

What? 21. The interpretation, the direction of supplematuation

In the course of execution, if there is an explanation for an explanation or additional guidance, the People 's Court, the Local People' s Homicide Institute, the agencies, organizations, individuals reflect on the Supreme People 's Court, the Supreme People' s Homicide Institute, the Department of Justice. France, the Ministry of Finance for the explanation, the timely addition to the ./.

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

(signed)

(signed)

Get Rid Of Me

The Humble Modesty

KT. MINISTER OF FINANCE
Chief.

KT. Minister of Justice.
Chief.

(signed)

(signed)

Nguyen Organic

Central Ding.