The Decree 89/2013/nd-Cp: Detailing The Implementation Of Some Articles Of The Law Reviews Of Valuation

Original Language Title: Nghị định 89/2013/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Giá về thẩm định giá

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THE GOVERNMENT.
Numbers: 89 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 6, 2013

DECREE

Detailed regulation of certain provisions of the Law on Pricing Appraisal

_____________________

Government Law Base December 25, 2001;

The Cost of Law on June 20, 2012;

Corporate Law Base November 29, 2005;

At the request of the Minister of Finance;

The government issued a decree regulating the implementation of certain provisions of the Law of Price Appraisal,

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules out the implementation of several provisions of the Law on price appraisations, including: Content and state management authority on price appraisations; Vietnamese price appraisal criteria; standards and appraisal cards for price; professional organization for interrogations. pricing; price appraisal service; sequence, level procedure, certificate of certificate of sufficient appraisal service business; suspend the price appraisal service; form, scope provides the price appraisal of the water price appraisal organization In Vietnam, the state's valuation procedures.

What? 2. Subject applies

The decree applies to: The appraisal of price; the business appraisal; the state agency has jurisdiction and cadres, the public is tasked with appraisal; the agency, the organization of the body and the individual are elected, the organization to join the Board of Judges. valuation; agencies, organizations, individuals with price appraisal or requirements, offer price appraisations; professional organization on price appraisations; state regulatory authorities on price appraisations and agencies, organizations, other individuals associated with price appraisations.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Enterprise appraisal is the established and operating business under the provisions of the Corporate Law and is certified by the Treasury Department to qualify for the statutory service appraisal by the law.

2. Customer appraisal is the organization, the individual who hires the business appraisal price appraisal service according to the price appraisal contract or the required text, offer the price appraisal.

3. Career organization on price appraisal is the social organization-the profession established by the regulation of the law on the voluntary participation of appraisers of price, price appraisal and other organizations, other individuals involved in the field of law. Price appraisal.

4. The Vietnamese price appraisal standard is the rules for professional knowledge, business, career ethics practice practice appraisal appraisal for serving asset price appraisal, test, results assessment, and quality of action activity. valuation in Vietnam.

What? 4. State management content on price appraisal

1. Build, direct the strategy, plan to develop a price appraisal in Vietnam.

2. Board and organization implementing law-making texts on price appraisal, the Standards of Appraisal Appraisal of Vietnam.

3. The state property price appraiseitor according to the regulation at this decree and the relevant legislation that are relevant.

4. Regulation mode of reporting, collection, aggregation of information to build the service database that provides information and state management of the price appraisal.

5. Training management, professional fostering, price appraisal; management and organization, level, and recovery of the appraisal Card on price; management, level and recovery of a Certificate of Qualified Appraisal Service.

6. Check, inspect, resolve the complaint, denounce and dispose of the legal violation of the price appraisal.

7. Organization and management of scientific research, international cooperation on price appraisal.

What? 5. State management authority on price appraisal

1. The United Government governs the state of the price appraisal activity.

2. The Ministry of Finance is responsible to the Government implementing the state management function on the duty price appraisal, the following powers:

a) Build, the Government decides strategy and plans to develop a price appraisal in Vietnam;

b) Build, the Government issued or issued in accordance with a written jurisdiction of the law of price appraisal, the Standards of Appraisal of Vietnam;

c) The implementation of the implementation of the Strategy, the Plan to develop a price appraisal, the legislation that rules the law of price appraisal, the Vietnam price appraisal Standards;

d) Regulatory conditions Regulation, implementation of the exam and conditions to grant the appraisal Card on price; manage, grant and revoking the appraisal Card on price;

) Regulation of Training, Vocational Training Certificate; fostering professional knowledge of the appraisal appraisal appraisal appraisal;

e) Regulations on the organization and management of scientific research, training, fostering for cadres, civil justice for price appraisal;

g) The template, level, and recovery of the Certificate of Qualifying Appraisal; regulation of registration and management of valuation appraisations; public list of appraisers on job price and list of price appraisal businesses. the water;

h) Regulations on the purchase of occupational liability insurance for price appraisal or to extract a career risk reserve fund for business appraisal;

i) State management in the field of price appraisal to the price appraisal business, organized career appraisal by law;

l) Perform international cooperation on price appraisal;

l) Inspector, check, resolve the complaint, denounce and dispose of the legal violation of the price appraisal;

m) Overall, assessment of price appraisal; regulation of quality control of price appraisal and the acceptance of State regulations on price appraisal;

n) Perform the price appraisal or take charge of the organization implementing the state asset price appraisal at the request of the Government, the Prime Minister;

o) Regulation mode of reporting, gathering, aggregation of information to build the service database that provides information and state management of the price appraisal.

3. The ministries, peer agencies, the government agency have a mandate, the following powers:

a) The implementation of the state management of the operational appraisal of duty, its jurisdiction;

b) The implementation and organization implementation of the regulation of state property prices stipulated at paragraph 2 Articles 31 and Article 44 of the Code of the Ministry of the Ministry, the peer-to-peer agency, the governing government agency under the regulation of management hierarchy, use of state assets; regulation of distribution. level of state budget management and the regulation of relevant legislation;

c) Inspector, check, resolve the complaint, denounce and dispose of a violation of the price appraisal of the management range.

4. The Provincial Committee of the Provincial People, the Central City of the Central Committee, the mandate, the following powers:

a) The implementation of the state management of the active appraisal activity within the local field of management;

b) The implementation and organization implementation of the implementation of the state property price appraisal at paragraph 2 Articles 31 and Article 44 of the Management Local Law of Management under the regulation of management hierarchy, use of state assets, hierarchy of state budget management and regulation of the state. The law is relevant;

c) Inspector, check, resolve the complaint, denounce and dispose of the legal violation of the price appraisal of the local field of management.

What? 6. Vietnam price appraisal standard

1. Vietnam-priced appraisal standards include guidelines of guidelines on the ethical code of conduct of asset price appraisal; economic principles that govern property price appraisals; market value and non-market value as a basis for the property. for the property price appraisal; asset classification; asset price appraisal process; report results appraisal results, records, and certificates of asset price appraisal; approaches and price appraisal approaches.

2. Ministry of Finance issued and guidelines implementing the Vietnam price appraisal Standards to apply in price appraisal activity on Vietnam territory.

What? 7. Standard appraisal of price

1. There is civil conduct.

2. There is moral, impure, honest, objective.

3. Has a degree in graduate degree, postgraduate physics, price appraisal, and industries: Economics, economics-engineering, engineering, law-related law, price appraisal due to legal training organizations in Vietnam or abroad.

4. There is an actual time of training in the training industry from 36 (thirty-six) months to date from the date with the university diploma according to the regulation profession at Section 3 This.

5. Has a Career Training Certificate in the agency, the organization has specialized training in the Department of Finance ' s prescribed price appraisal, except for the following cases:

a) The person who has had a degree in college, postgraduate in the country or abroad in terms of price matter, appraisal;

b) He has a degree in graduate degree, graduate of economics, economics-engineering, engineering, law-related law, and has had a graduate degree in price appraisal.

6. There is an appraisal card on the price issued by the Ministry of Finance.

What? 8. The appraisal card on

1. The citizens of Vietnam have all qualified conditions under the provisions of the Ministry of Finance and reach the requirements of the appraisal of the appraisal Card on the price issued by the Ministry of Finance, which is granted by the Treasury to the Treasury for the price.

2. The recipient of a foreign valuation appraisal is recognized by the Ministry of Finance of Vietnam, which has enough regulatory standards at Clause 1, paragraph 2 Article 7 of this decree and a Vietnamese-language murder examination of Vietnamese law in relation to a business. The price appraisal issued by the Treasury Department is given the price by the Treasury Department.

What? 9. Career organization on price appraisal

1. Career organization on price appraisal is established and operates under the provisions of the law on the law and regulation of the law on price appraisal.

2. Career organization on price appraisal is held in training, the level of certificate of occupational knowledge on the appraisal appraisal and execution of tasks related to the operation of the following price appraisal:

a) Research, updating the international price appraisal standard to propose with the Ministry of Finance review or additional revision of the Vietnam price appraisal Standards to suit the actual situation in Vietnam and international standards;

b) Coordinate with the Ministry of Finance to hold the appraisal Card on price;

c) Coordinated with the Ministry of Finance to implement the audit, assessment of the quality of activity appraisal and the acceptance of State regulations on the price appraisal to the business appraisal of the membership;

d) Provide information to the Ministry of Finance on the activities of the membership to serve the state management work on price appraisal;

The organization of information, propaganda, and coordination with the Ministry of Finance implemented a propaganda work on the mechanism, the state's executive management policy in the field of price;

e) Participate in international cooperation on the statutory appraisal of the law of the congregation.

3. The Ministry of Finance specified a professional organization's report mode on price appraisal to the implementation of the mission assigned at Clause 2 This.

What? 10. Business appraisal cases do not make price appraisal

1. Make sure the price appraisal does not comply with the Vietnamese price appraisal Standards.

2. Buy, sell property owned by state secret under the rule of law on the state secret catalog.

3. There is an appraisal participant in the price appraisal, who is responsible for management, run, board members of the board appraisal of the price appraisal as a member, shareholder founding or purchase of shares, which contributes to the organization as a price appraisal.

4. There is an appraisal appraisal appraisal, who is responsible for managing, run, member of the control department of the business appraisal that has dad, mother, wife, husband, child, sibling, sister, sister:

a) Member, shareholder founding or purchase of shares, which contributes to the organization as a price appraisal;

b) The person who is responsible for leadership, management, executive, is the chief accountant, member of the control board, the organization's control officer is the price appraisal.

5. The person responsible for administration, executive, board member, control officer of the unit is valued at the same time as the buyer of the shares, which contributes to the price of the price appraisal.

6. Enterprise appraisal and customer appraisal have the following relationships:

a) There is the same individual or business, organization established or participating in the establishment; or activities within the same corporation, the company ' s total company, the parent company-company organization;

b) There is an operating relationship, control, which contributes to the capital in all forms between the two units;

c) The same directly or indirectly subject to the executive, control, which contributes to the form of another party;

d) There is a business cooperation agreement on the basis of a contract.

7. Enterprise appraisal is in the time suspended or temporarily operating the price appraisal.

What? 11. Value appraisal

1. The service price appraisal made by the agreement between the price appraisal with the specified price appraisal client at paragraph 2, paragraph 3, paragraph 4 This and is written in the price appraisal contract; the case of the bid service bid. It ' s done in accordance with the law of bidding for the consulting services package.

2. The bases determine price appraisal price:

a) Content, volume, work nature and time of execution of the price appraisal;

b) The actual economic cost of business corresponds to the quality of service: Cost of salaries, costs arise during the survey, collection, analysis, information processing; financial costs, sales costs, corporate management costs, and other expenses. The rules of the law are different.

c) The cost of purchasing occupational liability insurance or the cost of extracts a career risk fund;

d) The expected profit (if any) ensure that the price appraisal price is in the face of the same price appraisal price on the market;

The financial obligations under the rule of law.

3. The base stipulated at Section 2 This, the business appraisal of the issued price and the implementation of the listing of the price appraisal of its business by regulation at paragraph 6 Article 4, paragraph 5 Article 12 of the Law Price with the form of package service price, according to the percentage (%) of the asset value or project value required by the price and other form determined by the business in accordance with the laws of the law.

What? 12. The business of service appraisal services abroad

1. Business appraisal is set the basis of a foreign price appraisal service business in accordance with the laws of Vietnam ' s investment and the law of the country.

2. In the 30 (thirty) deadline day, since the date of the basis or termination of the operation of the overseas price appraisal service business, the business appraisal must be informed by the document accompanying the relevant document to the Ministry of Finance to provide it. management, surveillance.

Chapter II

SPECIFIC REGULATION

Item 1

SEQUENCE, LICENSE-LEVEL PROCEDURE, QUALIFIED FOR THE VALUE OF THE SERVICE WHISPER BUSINESS

What? 13. Level, grant Certificate of qualified appraisal service business

1. Enterprise has qualified price appraisal services under regulation at Article 39 of the Law that is reviewed by the Ministry of Finance for a Certificate of Qualified Appraisal Service.

2. Enterprise appraisal is reviewed by the Ministry of Finance to grant the Certificate of Qualified Appraisal business conditions when changing one of the following content:

a) There is a change in the content of the Certificate of Appraisal Services;

b) The certificate of qualifying for the service of the service appraisal is lost, torn, burned or destroyed by natural disasters, enemy or other adverse reasons.

What? 14. Proposition Profile, reissued a Certificate of Qualified Appraisal Service Business

1. The filing recommended that the Certificate of Appraisal of the price appraisal service business is available:

a) The application to grant a Certificate of Certification Services Business by the Ministry of Finance specified by the Ministry of Finance;

b) The copy of the Certificate of Business Registration Certificate, Business Registration Certificate of the Enterprise;

c) The registration of the valuation appraisal of the registered appraisal appraisal at the business is confirmed by the business; the Certificate of Compensation for the appraisal of the price appraisal for the appraisal price (if any);

d) A copy of the Labour Contract or Labor Contract Appendix (if any) of the appraisal appraisers at the business;

The document proves that the member's contribution to the organization's contribution to the company is limited to the two-member LLC and the holding company under the regulation at Article 18; the organization's contribution to the firm's foreign price appraisal (if not). There is one Article 21 of this decree.

e) The receipt of charges by statute;

g) A written certificate of office appointments to the legal authority of the business, the authorized text in the field of price appraisal (if any).

2. The filing offers to re-issue the Certificate of Eligible Appraisal of the price appraisal business:

a) The application to grant the Certificate of Sufficient Certification of the Sample Price Appraisal Service by the Ministry of Finance specified;

b) The original Certificate of Appraisal Services business is granted. The case of a Certificate of Identification Services Business has been lost or destroyed to be confirmed by the People's Committee or the department of public security, the ward at where the Certificate is lost or destroyed;

c) The receipt for a prescribed fee;

d) A written certificate of appointment of the office to the legal authority of the business, the authorized text in the field of price appraisal (if any).

What? 15. Level time, reissued a Certificate of Qualified Appraisal Service Business

1. In the 15 (fifteen) days of work since the date of receiving enough 1 (a) set by the business established by the business at Article 1 Article 14 This decree, the Ministry of Finance issued a Certificate of Appraisal of the price appraisal for the judge business. valuation.

2. In the 10 (ten) days of work since the date of receiving enough 1 (a) set of records provided by the business in paragraph 2 Article 14 This decree, the Ministry of Finance issued a Certificate of Sufficient Certification Services Business for the judge business. valuation.

3. The case of refusal to grant, reissued a Certificate of Qualified Appraisal business, the Ministry of Finance responded by writing and stating the reason for the business to register the price appraisal business in time of the 05 (year) day of work since day. Take the file.

What? 16. Level fee, reissued a Certificate of Qualified Appraisal Service Business

1. The business must submit a fee when filing a primary, reissue of the Certificate of Appraisal Services business.

2. The Minister of Finance set the record, revenue, file, management, and use of a grade fee, reissued the Certificate of Eligigain service business.

What? 17. The changes must inform the Ministry of Finance

1. In the course of the price appraisal, the business appraisal must inform the Ministry of Finance when changing one of the following contents:

a) The changes that lead to not guarantee one of the license-level conditions that are eligible for the service of the regulatory appraisal in Article 39 of the Law of the Law;

b) The changing cases need to be granted the Certificate of Qualified Certification Services Business in accordance with Article 2 Article 13 This decree;

c) The list of appraisers on the price of professional registration at the business, including: Name, year of birth, country, office, number of appraisal cards and date of price appraisal cards;

d) The business divided, split, merged, merged, converted the form of ownership;

Business is dissolved, bankrupt, suspended, self-termination of price appraisal services;

e) Business is revoked of Business Registration Certificate, Business Registration Certificate.

2. In the 15 (fifteen) days of work since the date of changing the rules specified at Clause 1 This, the business appraisal must inform the Finance Ministry to the Treasury to monitor, sum up information, sweep the business conditions. the business of the business is serving the state management business to the price appraisal business.

What? 18. The membership is the organization of the two-member LLC, the company ' s valuation appraisal firm.

1. The membership is the organization that contributes to a maximum of 35% of the charter capital of the two-member price appraisal firm, the one up. The founding shareholder is the organization that contributes to a maximum of 35% of the value of the price appraisal firm. In the case of multiple capital organizations, the total number of contributions by maximum organizations by 35% of the charter capital of the LLC is valued at the price of two or more, the holding company appraisal.

2. The Member of the Member is the organization stipulated at Clause 1 This must be an appraisal of the price and must register the practice at the price appraisal business that organizes capital participation; at the same time not being involved in the appraisal business. It ' s personal, not a representative of the organization that contributes to the establishment of another price appraisal.

Item 2

SUSPEND THE PRICE APPRAISAL SERVICE, REVOKING THE CERTIFICATE

ELIGIBLE FOR PRICE APPRAISAL SERVICES BUSINESS

What? 19. The suspension of the price appraisal business

1. Enterprise appraisal is suspended by a prescribed price appraisal service at Clause 1 Article 40 of the Law when belonging to one of the following cases:

a) Not to guarantee one of the conditions of the corresponding business type specified in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Articles 39 of the Law Price in 03 (three) consecutive months.

b) There is serious misconduct on the expertise or breach of price appraisal, including:

-No compliance with the Vietnam price appraisal standards.

-Disclosure of information about the case, customer appraisal and property are to be determined except where the case is agreed by the customer to agree or be allowed by the law.

-There is collusion with the owner of the property, the price judge, who is involved in making a price appraisal in order to mislead the price appraisal results.

-misalignment of price appraisal or information deviation related to the price appraisal resulting in the price appraisal of the higher price appraisal or less than 10% for property as real estate, equipment, transport, and more. 15% for assets are supplies, goods compared to the final price appraisal of the state governing body having jurisdiction in the case of the appraisal business and the state governing body having the authority to apply the same price appraisal method.

2. The Ministry of Finance, which decides to suspend the operation of the price appraisal service.

3. The duration of the suspension of the maximum price appraisal service business is no more than 60 (sixty) days since the suspension of the suspension is valid. During this time, the business must have a written report to the Ministry of Finance on the processing and breach of the unit's violation accompanied by relevant proof documents, while offering permission to continue the operational service business.

The business-reporting base of the business, the Ministry of Finance considers that the written notice allows the business to continue operating the price appraisal in accordance with a fully qualified certificate of business, the regulatory enterprise model. in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Articles 39 of the Law or Disposal of a Certificate of Certification Certificate are eligible for business appraisal of the business as specified in Article 20 of this Protocol.

4. During the suspension of the price appraisal service business, the business appraisal must be responsible for the contract appraisal contracts signed with the customer, the labor contract signed with the appraisor, staff and legal obligations of the company. Other than the rules, unless otherwise, the parties have different agreements.

5. The Ministry of Finance published publicly on the Electronic Information page of the Ministry of Finance of the Enterprise List of pricing appraisins suspended service business operations, list of business appraiseCommerce values that continue to operate. price after suspension.

What? 20. recall the Certificate of Qualified Appraisal Service

1. Business appraisal is revoked of a Certificate of Qualified Appraisal Service Business in Clause 2 Article 40 of the Law.

2. The Ministry of Finance decision to revoking the Certificate of Sufficient Certification of a price appraisal service; published publicly list of business list appraisal revoked Certificate of Certificate of Appraisal Services business; remove the name from the List public enterprise appraisal eligible for price appraisal activities on the Ministry of Finance's electronic information page.

3. Enterprise appraisal is revoked in a Certificate of Qualified Appraisal business that must end the business of price appraisal services, since the date of the recall decision is in effect.

Section 3

FORM, SCOPE PROVIDES THE PRICE APPRAISAL OF

FOREIGN PRICING APPRAISAL IN VIETNAM

What? 21. The form of providing the price appraisal of the foreign price appraisal organization in Vietnam

1. The foreign pricing appraisal organization, which operates a legal price appraisal service in the country, is funded with the Vietnamese price appraisal business to establish a two-member LLC, the holding company. It ' s for business appraisal in Vietnam. The percentage of the funding of the foreign value appraisal organization and the representative of the foreign value appraisal organization participate in accordance with the regulation at Article 18 of this decree.

2. The established condition, operation and filing of the offer, the grant of a Certificate of Sufficient Certification of the business appraisal of the price appraisal firm to the organization of the foreign price appraisal organization made in accordance with the law of the business, Paragraph 2 and paragraph 5 Articles 39, Article 43 of the Law and Regulations of this decree.

What? 22. The business cases appraisal prices have a foreign value appraisal organization that has not been made a price appraisal.

1. The specified cases at Article 10 of this decree.

2. Property of national security in accordance with the rule of law.

Section 4

SEQUENCE, STATE APPRAISAL PROCEDURE

What? 23. Request for property price appraisal

1. The state agency has the authority to implement a property price appraisal under the request or offer (the following is generally required) by the text of the state agency that has jurisdiction or agency, organization, unit delivered, sold, liquorated, leased, leased property. the state product in the prescribed cases at paragraph 2 Article 31 and Article 44 of the Law, namely:

a) Buy, sell, liquorate, lease state property or hire property serving the activities of the state agency under the rule of law on management, use of state property;

b) Not to rent a business appraisal for state property in case of agency, organization, unit delivered, sold, liquorated, rent, state property leasing published information after 15 (fifteen) days of invitation to provide appraisal services. pricing but no business appraisal of participating prices, except for the case of bidding made by the rule of law on bidding;

c) Buy, sell property in the state secret according to the rule of law on the state secret catalog;

d) Buy, sell a large value state property that, after having hired a business appraisal, agency or approved authority see the need to have the appraisal opinion of the state governing body with a jurisdiction under the devolve asset price appraisal. The state rules at point n 2, point b 3 and point b Article 4 Article 5 This decree.

2. The text that requires the asset price appraisal must have the following main content:

a) The name of the agency that asks for the price appraisal;

b) Content is required;

c) The asset information needs to be priced with the relevant document; the certificate of the economic-economic condition, the quality of the asset required for price appraisal; the certificate, report results appraisal (if any) and other documents are related.

3. The required case must be aware of the price appraisal of the state governing body under the prescribed jurisdiction at Point 1 This is in the required text that the required reason for a price appraisal is required.

What? 24. Continue to request asset price appraisal

1. The document requires that the property price appraisal is sent to the state authority that has the authority to implement the property price appraisal in paragraph 2, paragraph 3, and Clause 4 Article 5 This decree.

2. The Authority with the authority to judge the asset price charged with the organization to execute the property price appraisal at the request of the agency with a written request for the price appraisal; the required case, the creation of the prescribed price appraisal Board at Article 45 of the Law. price, Article 28 of this decree and the law are relevant.

3. The case of rejection of the price appraisal due to the non-correct state management authority on Article 5 of this decree; there is not sufficient information, the required document stipulated at Section b 1 Article 26 and Point 1 Article 1 Article 29 This decree; Cases that are not allowed to participate in the valuation appraisal at Article 31 of this decree, the authority with the authority to judge the asset price must respond in writing and specify the reason.

What? 25. Asset pricing appraisal

1. The state authority has the authority to implement the asset price appraisal in the following sequence:

a) The general definition of the property needs appraisal;

b) Planning a price appraisal;

c) The actual survey, gathering information concerning assets that needs appraisal;

d) Information analysis;

) Identification of the value of the property that needs to determine the price base to the statute of the property of goods, services, Standards of appraisal of Vietnam, issued by the Ministry of Finance; principles, bases, methods of determining price by law-related legislation A price appraisal required;

e) Set up a result of a price appraisal report, the text answers on the outcome appraisal of the agency chief of the agency with the authority to judge the approval price; then send a reply to the results of the price appraisal to the agency asking for a price appraisal.

2. Depending on the asset required, the price appraisal can take a number of steps compared to the regulation at 1 Article.

3. The Agency has the requirement for a price appraisal charged with the provision of information, documents related to the property that needs appraisal of the price; co-ordination of the survey organization actual property needs appraisal, if necessary.

What? 26. Rights, the duty of the prime minister, the state agency official when carrying out the state property price appraisal

1. The head of state, the state agency, has the right to:

a) The organization performs a valid appraisal appraisal at Article 5 of this Decree or implementation of the price appraisal in accordance with the agency ' s distribution, the organization is required to judge the price;

b) The agency requires a request for a price or agency appraisal, organization, asset-based unit that needs price appraisal or organization, other individuals with relevant information, documents required for the appraisal of property prices;

c) The head of the state agency has the power to lease an organization that functions to exercise economic status-the technical, quality of the property; hire an asset price appraisal in order to obtain additional information for the price appraisal of the state agency. The lease is currently specified in Article 32 of this decree;

d) rejecting the appraisal of asset prices in the absence of sufficient information, the required document stipulated at the point b 1 This Article;

) Enjoying the regime, the policy pursues to the laws of law on the price and other regulation of the relevant law.

2. The head of state, the state agency.

a) Compliance of the self-appraisal price appraisal in accordance with Article 25 This decree;

b) Asking the independence of professional expertise; honesty, objectiation in the process of asset price appraisal;

c) Security information under the rule of law.

3. In addition to the rights, the obligations stipulate in Clause 1 and Clause 2 This, the Prime Minister, the state agency, when the implementation of the state property price appraisal, obligations under the law of civil law.

What? 27. Set and store asset price appraisal records

1. The asset price appraisal case by the authority with the authority to judge the property price or the Board of Appraisal consists of the following documents:

a) The text requires the appraisal price appraisal; the decision to set up the Board of Appraisal in the case of the creation of the Board of appraisal;

b) The results of price and text appraisal results in price appraisal results; Text price appraisal and conclusion of the asset price appraisal in the case of the establishment of the Board of appraisal;

c) Other documents are related to the appraisal of asset prices.

2. The agency has the authority to judge the property price or the presiding body establishing the Responsible Price Appraisal Council, which holds the price of appraisal appraisal by the rule of the law on the storage. The minimum retention period is 10 (ten) years from the end of the price appraisal, except for other regulated law cases.

What? 28.

1. The Component of the Board of Judges

a) The asset price appraisal board of the Ministry of Finance is established under the authority of the state governing the regulation at Point 2 Article 5 This decree issued by the leader of the Ministry of Finance or authorized speaker, other members:

-The specialized unit representative of the price management of the Ministry of Finance;

-The specialized unit representative of state asset management under the Ministry of Finance;

-The other members appointed by the Chairman of the Council are based on the properties, the characteristics of the property to determine the price.

The case of the Board of Appraisal of assets established by the Ministry of Finance under the jurisdiction of the state stipulated at the point b Article 3 Article 5 This decree, the Council of the Council is implemented by the stipulation at the point b 1 This Article.

b) The Board of Appraisal of the Ministry ' s assets price, peer agency, government agency, the central authority (later called the Ministry, the central body) due to the leadership of the ministry, the central authority has the assets to judge the price or the authorized person as its owner. Of course, the other members are:

-The unit chief has the assets to judge.

-The specialized unit representative of price management or management of the Ministry, the central body and the specialized department of price or finance, the accountant of the unit has the assets to judge the price;

-The other members of the competent authorities decided to set up the Council to decide the basis of the property, characteristic of the property to determine the price.

c) The Council of Appraisal of the provincial property price, the district due to the leadership or authorized persons of the state financial agency (Department of Finance, Planning Finance) as Chairman, other members include:

-Property representative with property required.

-The specialized unit representative of price management, financial management of the state financial institution; and

-The other members due to the competent authorities decide to form the Decision Council, based on the properties, the characteristics of the property to determine the price.

d) The council's asset pricing appraisal, organization, unit (later known as unit) was delivered, sold, managed, and used the property led by the asset-based unit leader who needed the price appraisal or the authorized speaker, the other members included:

-Specialized Department representative of price or finance, the accountant of the unit is delivered, sold, managed, used in assets;

-Representative of the department's expertise or finance department;

-The other members of the competent authorities decided to set up the Council to decide the basis of the property, characteristic of the property to determine the price.

2. The appraisal board must have at least one member who has passed training, fostering a professional job appraisal under the provisions of the Ministry of Finance or has had a degree in graduate diploma, college, postgraduate physics, appraisal.

3. In case of need, the Chairman of the Board of appraisers decides to establish the Order to help the Council of appraisal judges.

4. Council appraisers work in accordance with the collective principle. A price appraisal session is only conducted when there are at least two-thirds of the number of members of the Board of Appraisal of the asset price appraisal. At the time the Board of the Board of the Appraisal Council was only 3 members, the session had to have 3-3 members. The Chairman of the Board of the Price appraisal of the session appraisal session. Prior to the price appraisal session, the absenters must have a written text to the Chair of the appraisal Council stating the reasons for absence and have his independent opinion on matters relating to the price of the property needed to be determined.

The Board of appraisers concluded the price of the property in accordance with the opinion of the majority which was made and passed by the Council member present at the session. In the case of mutual opinion, the vote of the Chairman of the Council is the decision of the decision. A member of the Board of appraisals has the right to preserve its opinion if it does not agree with the price conclusions of the assets decided by the Council; that conservation opinion is inscribed on the Account of the session of the property price appraisal.

5. The Board of Judges of the Property Price as specified in Clause 1 This ends the operation after the completion of the prescribed duty at the Decision to establish the Council. The cases arise after the Board of Appraisal of termination of activity will be due to the competent authority to establish the Disposal Council.

What? 29. Rights, the obligations of the Board of Appraisal

1. The price appraisal council has the right:

a) Request for the agency to ask for a price appraisal or agency, organization, asset-based unit that needs price appraisal or organization, other individuals who are associated with providing information, documents required for the appraisal of property prices;

b) The organization of the organization has the function of implementing economic status-engineering, quality of the asset; hire asset pricing appraisal for more information serving the price appraisal of the price appraisal Council. The lease is currently specified in Article 32 of this decree;

c) rejecting the appraisal of asset prices in the absence of sufficient information, the required document stipulated at the Point 1 Article 1 Article;

d) Other rights under the rule of law.

2. The price appraisal council is obliged to:

a) Compliance of the self-appraisal price appraisal in accordance with Article 25 This decree;

b) Secure the independence of professional practice; honesty, objectiation in the process of asset price appraisal and responsibility for the outcome of asset price appraisal;

c) Security information under the rule of law;

d) Other obligations under the rule of law.

3. The price appraisal board used the seal of the decision agency to set up the Property Price appraisal Council.

What? 30. Rights, the obligations of the Board Member

1. Members of the Board of Appraisal are entitled:

a) Approach to the information, the relevant document serves for the appraisal of the asset price;

b) Make the identification, your assessment during the price appraisal;

c) The verdict, to determine the price of the property; in other opinion, has the right to preserve its opinion and be inscribed on the Council meeting;

d) Be entitled to the regime, policy by the rule of law on the price appraisal and other regulation of the relevant law;

Other rights under the rule of law.

2. Members of the Council of Appraisal are obliged:

a) Compliance of the self-appraisal price appraisal in accordance with Article 25 This decree;

b) Assure the independence of professional expertise; honesty, objectiation, and accountability in the process of the asset price appraisal and the responsibility of the law on the opinion of the identification, the assessment of which you stipulate at point b, point c 1 This Article;

c) Security information under the rule of law;

d) Other obligations under the rule of law.

What? 31. The cases are not allowed to be consulted

1. The person with the obligation, the right to the property that needs to judge the price or have conducted that asset price appraisal before the establishment of the Board of Appraisal.

2. The person with a father, mother, wife, husband, child, sibling, sibling, sibling, is the judge on the price, who is responsible for the management, run, member of the Board of Directors of the business appraisal that conducted that asset price appraisal before the establishment of the Council. appraisal.

3. The person who is in time to enforce the discipline from the form of the warning returns, who is under administrative control; the person who suffers from the loss of civil conduct or the limited capacity of civil conduct.

What? 32. State property price appraisal costs

1. The cost of catering to the price appraisal of the State is equipped with funding from the agency ' s state budget assigned to a price appraisal or the competent authority to set up the price appraisal Council in case of a jury formation. valuation. The Ministry of Finance is specific to the cost of serving the property price of the State.

2. Alone for the case of price appraisal when shopping, sale, liquing of state assets, the cost of catering to the appraisal of the price done by the rule of law on management, use of state assets, legislation on bidding and other legislation is linked. Yeah.

Chapter III

THE ORGANIZATION.

What? 33.

1. In a maximum of 2 (two) years from the date of this Decree effective, the business is taking action appraisal in accordance with the Finance Ministry ' s Notice before the date of the decree taking effect required to secure conditions under the provisions of the Law Price and the regulations at this decree and file a case to be certified by the Ministry of Finance to qualify for a price appraisal service business.

2. In a maximum of 2 (two) years from the date of this Decree to take effect, the establishment of the Board of Appraisal must ensure the provision of regulation at paragraph 2 Article 28 of this decree.

What? 34.

1. This decree has been in effect since 25 September 2013.

2. Repeal Decree 101 /2005/NĐ-CP August 03, 2005 The Government of the Government of the Appraisal; dermation of price appraisal at Article 14, Article 15, Article 16, Article 17, Article 18, Article 19 The number of Protocol 170 /2003/NĐ-CP December 25, 2003 of the Government Regulation details the implementation of some of the provisions of the Ordinal Ordination; the repeal of the transitional treatment for the appraisal of the price at Section 3 Article 24 of the Digital Protocol 153 /2007/NĐ-CP October 15, 2007 the Government regulates the details and guidelines for the implementation of the real estate business law.

3. The appraisal Card on the price that has been granted under the rule of law on the previous price appraisal has continued to have legal value since the date of the Law and the decree is valid for enforcement.

What? 35.

The Minister of Finance has the responsibility of guiding the implementation of this decree; the ministers, the chief of the body across the Ministry, the Chief Minister of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of the decree. Hey.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung