Law 11/2012/qh13: Reviews

Original Language Title: Luật 11/2012/QH13: Giá

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CONGRESS
Number: 11 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 20, 2012

LAW.

Price

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The 1992 Vietnamese Constitution of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Law.

Chapter I

COMMON RULES

What? 1. The adjustment range

The law provides for the rights and obligations of the organization, the individual in the price field; the management activity, the price regulation of the State.

What? 2. Subject applies

Organization, individual manufacturing, business; consumers; state agencies; organizations, other individuals associated with activities in the price field on Vietnamese territory.

What? 3. Apply Law

1. The activities in the price field on the territory of Vietnam must comply with the provisions of this Law.

2. The case of an international treaty that the Socialist Republic of Vietnam is another regulated member with the provisions of the Law, which applies the regulation of that international treaty.

What? 4. Explain the word

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

1. Goods is a property that can trade, buy, sell on the market, potentially satisfy human needs, including the types of property and real estate.

2. Service is the inseparable commodity, the production and consumption process that does not separate from each other, including the types of services in the Vietnamese system of products under the rule of law.

3. Goods, essential services is the goods, services that are indispensable for manufacturing, life, defense, security, including: raw materials, fuels, materials, primary services serving production, circulation; products that meet the basic needs of people and defense, security.

4. Market price is the price of goods, the services formed by the dominant factors and the movement of the decision market at a given time, location.

5. Valuation is the state agency that has jurisdiction or organization, the individual produces, the business that regulates prices for goods, services.

6. List price is the organization, the individual producing, the business of publicly informed by the appropriate, clear and unmistakable forms for the customer on the price of purchase, the sale price, the Vietnamese copper service by printing, pasting, scoring on the board, on paper or on paper. on the packaging of goods or other forms at the trading site or place of sale of goods, services to facilitate the observation, recognition of the customer, the state agency has jurisdiction.

7. Price is that the state agency has the authority to organize and to make intermediation for the buyer and the seller in terms of the purchase price, sales price, the service satisfying the price of a trader at the suggestion of either party or both parties to buy, sell or when required. The Prime Minister, the Prime Minister, the Prime Minister of the Government, the Prime Minister of the Government, the Chairman of the Provincial People's Committee, the central city of the Central Committee (later called the Provincial People's Committee).

8. Register Value is the organization, the individual producing, the business of goods, the business of goods, the employment analysis, the analysis of the price-to-price, and the sending of the price notification to the state agency that has jurisdiction before pricing, which regulates the price of goods, services of the portfolio of goods, services In the United States, there was a price of stability in the time the State imposed a price of normalization.

9. Prescrip is the organization, the individual producing, the business of goods, the service that sends out the price of goods, the service to the state agency that has jurisdiction over pricing, price adjustments to the goods, the service of the property to be milking.

10. It's fine. is the State of the State adopting the appropriate measure of regulatory, financial, monetary and economic measures, other necessary administrative actions to impact the formation and advocacy of prices, not to price the goods, the service to rise too high or to reduce the unincorporated low. Yeah.

11. Price formation factor is the value of the entire rational reality that corresponds to the quality of goods, services; returns (if available); the financial obligations under the rule of law; the invisible value of the brand.

12. The full price of goods, services is the cost of consumption of goods, services, including:

a) The price of the production of goods, services; purchasing prices, services to the organization, the individual operating commercial;

b) The cost of traffic to bring goods, services to consumers.

13. By Value is the average level of commodity prices, services in the economy with space, time, and measured by the consumer price index.

14. Abnormal volatility prices is the price of goods, the service of which is too high or less so low that the factors of the price form do not change large or in the case of economic crises, natural disasters, disasters, fires, and epidemics.

15. Appraisal is the agency, which has the functional appraisal function that determines the value of the assets under the provisions of the Code of Civil Code in accordance with the market price at a given location, at a certain time, serving for certain purposes according to the standard of judges. valuation.

16. Report a valid appraisal results is the text by the value appraisal business, which highlights the price appraisal process, the price appraisal process and the opinion of the business appraisal of the value of the assets being determined to customers and stakeholders whose base is used for the purpose. It's on the price appraisal.

17. Price appraisal is the text by the value appraisal to inform the customer and the stakeholders of the underlying content of the report results report.

18. The average power retail price is the price of electricity that is determined by the principle of total cost of production, business, and a profit margin of 1 kWh of commercial electricity in each period, used together with the electricity retail price structure to calculate the specific electricity retail price for the market. You know, every client used to use electricity.

19. The price frame of the average power retail price is the distance between the minimum price and the maximum price of the average power retail price.

20. Electronic retail expression structure is the table of specific price rates or percentage (%) of the average electricity retail price to calculate the specific electricity retail price for each customer to use electricity.

What? 5. Price Management Principles

1. The state does price management by market mechanism; respect for the right to self-valuation, competition on the price of the organization, the individual produces, business under the rule of law.

2. The state does the regulatory price in accordance with the provisions of this Law to stabilize prices; protect the rights, the legitimate interests of the organization, the individual produces, the business, the consumer and the interests of the State.

3. The state has a price policy aimed at supporting the region with economic conditions-difficult societies, areas with economic conditions-particularly difficult societies.

4. The state rules the principle, the valuation method for goods, services that are valued by the State in accordance with the principle of the market economy.

What? 6. Public Information

1. The state agency does the opening public, policy, regulatory measure, regulation, decision on the price of the State by one or some form such as a press conference, posting on the means of mass information or other proper form.

2. Organization, individual manufacturing, business of goods, services that make public information about commodity prices, services tied to economic parameters-the basic engineering of goods, that service by the form of price listing. For goods, services belonging to the Commodity Portfolio, the real-time performing service, the Commodity Catalog, the service by the State of the Valuation, the organization, the production individual, the choice business one or some form as a press conference, posted on the media. It ' s a great news or other kind of form.

3. The information agency, the media is responsible for coverage of the correct price, objectively, honest, and responsible for the statutory coverage of the law.

4. The declaration of the information on the regulation price at this does not apply to the case of information that is not legally permitted under the law.

What? 7. State management content in the price field

1. Research, construction, organization implementing policy, law in the price field in accordance with the path, economic development policy-society in each period.

2. The Executive Committee commits the law in the price field.

3. Value of goods, services of the Catalogue of the goods, services defined by the State; the appraisal of the property price of the State under the function, mandate, authority to be regulated by the law.

4. Gather, aggregate, analyze and forecast market price in the country and the world to build a database on the price of state management in the price sector.

5. Training management, fostering a professional job appraisal; managing the exam, granting and revoking the appraisal Card on the price, the Certificate of Eligiation of the price appraisal service business.

6. Organization and management of scientific research, international cooperation, training, accretion in the price field.

7. Check, inspect, resolve the complaint, denounce and dispose of the violation of the law in the price field.

What? 8. State management authority in the price field

1. The unity government manages the state in the field of prices across the country.

2. The Ministry of Finance is responsible to the Government to implement state management functions in the price field.

3. The ministry, the equal body within the scope of the mission, its powers are responsible for implementing the state management function in terms of the price in the field regulated by law.

4. The Provincial People ' s Committee is within the scope of the mandate, whose powers are responsible for implementing state management functions in the local price area as prescribed by law.

What? 9. Professional Ombudman

1. The Agency for the task of managing the state in the price field performs a specialized inspection function in terms of the regulation of the law on the inspection.

2. The expert inspector on the price is to bar the law enforcement of the price under the provisions of this Law and other provisions of the relevant legislation.

3. Authority, the responsibility of the professional inspector on the price; rights, obligations of the organization, the individual is the object of inspection and organization, the individual involved in accordance with the regulation of the law on the inspector.

What? 10. Behavior is banned in the price field

1. For the agency with the authority to administer the state in the price sphere; cadres, civil authorities have the authority to manage the state in the price field:

a) Inspecific intervention, mission, jurisdiction under the rule of law to the right, obligations of the organization, individual manufacturing, business in the field of price;

b) The text of the text is not correct; not the correct sequence, procedure;

c) Revealed, using the information provided by the organization, the individual produced, the business provides is not correct the regulation of the competent state agency;

d) Use of office, permissions, duties for the benefit.

2. For the organization, the individual producing, business:

a) Bcg, loan, information is not true of the market situation, commodity prices, services;

b) Frauds in price by intentionally changing the committed content without prior notice to the customer in time, location, purchase conditions, sale, quality of goods, services at the time of delivery, service supply;

c) The advantage of the economic crisis, natural disasters, foes, fires, epidemics and other unusual conditions; the use of the State ' s policy to valuation buys, sales prices, unreasonable services; and more.

d) The transfer behavior, the price of the price under all forms for the benefit of the profit.

3. For business appraisal, business branch appraisal price:

a) Competition for customers in the form of deterred, intimidation, enticing, purchasing, collusion with customers and other unhealthy competitive behaviors; information that is not accurate in terms of qualifications, experience and ability to provide the appraisal of the appraisal of staff. price, business appraisal, branch of business appraisal;

b) The collusion with the customer appraisal, who is relevant when making the price appraisal falsially outcome appraisal results;

c) Receivable or requiring any other payment or benefits from the customer appraisal to the extent of the service price that has been agreed in the contract;

d) Fake, lend, lend; use the appraisal Card on the left price with the law of the price;

) Revealing information about the case, customer appraisal and property appraisal, unless the case is approved by a customer or a permit;

e) To impede or interfere with the organization's executive work, the individual has the need for appraisal when they perform the right function, the statutory duty of the law.

4. For the appraisal of the executive price, in addition to the regulations at paragraph 3 This, do not take the following acts:

a) Executive appraisal in personal terms;

b) Register to practice price appraisal in the same time for from two business appraisal price returns;

c) Perform the price appraisal of the price appraisal that the appraisal judge on the price of capital, purchase of shares, bonds, or having a parent, mother, wife, husband, child, brother, sister, member of the board or the chief accountant of the unit being questioned. valuation.

5. For the organization, the individual whose assets are valued and organized, the individual involves the use of the price appraisal results:

a) Select the organization, the individual is not eligible for a price appraisal to sign the price appraisal;

b) The offering is not accurate, unfaithful, incomplete, untimely, document-related documentation required for price appraisal;

c) Purchasing, bribery, collusion with an appraisal appraisal, business appraisal to mislead the price appraisal result.

Chapter II

RIGHTS, THE OBLIGATIONS OF THE ORGANIZATION, THE INDIVIDUAL PRODUCING, BUSINESS AND CONSUMERS IN THE PRICE SECTOR

What? 11. Rights of the organization, personal manufacturing, business

1. Self-valuation of goods, services produced by itself, business, excluding goods, services of the portfolio of goods, services by the State.

2. Decide the purchase price, sales price, the service that it produces, the business the State regulates the price framework, the maximum price, the minimum price.

3. bid, auction, price agreement, price agreement and competition on prices under other forms under the rule of law upon purchase, sale of goods, services.

4. Apply the principle, base, valuation method provided by the State for the valuation of goods, services.

5. Regulatory of the price of goods, services produced by itself, business in line with the volatility of the pricing factor.

6. Sales of goods, services without being deemed to be a violation of competition and anti-semi-import laws, and must be publicly listed at the site of the sale of the old price, the new price, the deadline for the following cases:

a) fresh goods.

b) Store inventory;

c) Goods, seasonal services;

d) Goods, services to be recommended under the rule of law;

Goods, services in the case of bankrupt business, dissolution; location change, manufacturing industry, business;

e) Goods, services upon the implementation of the State ' s stabilization policy.

7. The state agency petition has the authority to regulate the price of goods, services produced by itself, the business of the Catalogue of goods, services determined by the State.

8. Approach information on State ' s price policy; regulatory measures, state price regulation and other public information.

9. A complaint, denouncing or suing the behavior has a sign of a violation of the price law; requests for organization, individual compensation damages due to the violation of the law on the provisions of the law.

What? 12. The organization ' s obligations, personal manufacturing, business

1. Set up the price of goods, services made by itself, the business of the category of goods, services provided by the state-valued authorities.

2. Accept the decision on the price, the price-to-price measure of the competent state agency.

3. Register the sale price or purchase price for the goods, the representative service must register the price and be responsible for the accuracy of the registered price according to the rule of the law.

4. Sales price or purchase price, service and is responsible for the accuracy of the specified price for the goods, the service of the part to account for the Government's valuation.

5.

a) For goods, services defined by the State, the organization, the individual produces, the business must be listed at the right price because the state agency has the authority to rule and buy, sell the right listing;

b) For goods, services that do not belong to the portfolio of goods, services are listed by the State listed by the price due to the organization, the individual produces, the business decides and is not purchased, selling higher than the listing price.

6. Public information on the price of goods, services under its pricing authority under the provisions of this Law.

7. Supply in time, precisely, full of figures, documents related to the written request of the state authority to be competent in the case of the Valuation State, which applies price normalization measures to the goods, services of the organization, the individual produced, and more. Business.

8. Resolve in time of all complaints about the price of goods, services due to its production, business. Reparation damages were caused by a violation of the law on the provisions of the law.

What? 13. Consumer Rights

1. Choice, agreement, and feedback on prices when purchasing goods, services.

2. Provided correct information, full of price, quality, export of goods, services.

3. Request for damages when goods, services that have purchased the correct standard of quality, quantity, price or other content that the organization, the individual producing, the goods business, the service announced, listed, committed.

4. The state agency petition has the authority to regulate the price of goods, services that are valued by the State as the factors form a change price.

5. Congration, denouncing, the prosecution, or offer of a social organization to initiate behavior that has a sign of violation of the law on the provisions of this Law and the other provisions of the relevant law.

What? 14. Consumer obligations

1. Payment in accordance with the price of agreement, the selected price or price specified by the State when purchasing goods, services.

2. Information for the state agency, the organization, the individual concerned when the discovery of the conduct has a sign of violation of the law on price.

Chapter III

STATE PRICE

Item 1

OF COURSE.

What? 15. Goods, service that performs stable

1. Goods, food-making services are commodities, essential services for production, life are regulated by the following criteria:

a) The raw materials, fuels, materials and main services for manufacturing and circulation;

b) Goods, services that meet the basic needs of people.

2. Catalogue of goods, services that perform a price normalization include:

Ah, and oil, and oil,

b) Electricity;

c) Liquid petroleum gas;

d) Fertilizer; distribution of NPK;

Drug protection is under the rule of law;

e) Vac-applying for the cattle, the poultry.

g) Salt.

h) Milk for children under the age of 06;

i) The road, including the white line and the refining line;

n) Thy, tedious rice;

l) Disease prevention, treatment for people in the category of essential therapeutic medications used at the clinic, treating the disease according to the law.

3. The case is required to adjust the Commodity Portfolio, the value-based implementation service stipulated at paragraph 2 This, the Government of the Standing Committee of the National Assembly review, the decision.

4. Based on the Commodity Portfolio, the price-making service is regulated at 2 This Article, the state agency whose authority is regulated at Article 18 of this Law determines the type of goods, the specific service to apply the appropriate price normalization measure. In every time.

What? 16. The case is stable

1. The price of stability is carried out in the following circumstances:

a) When the price of the commodity, the service of the specified Category at paragraph 2 Article 15 of this Law has abnormal volatility;

b) When the value of volatility affects economic-social stability.

2. The government regulates this.

What? 17. Price normalization

The application has a deadline of one or some of the following measures to perform price normalization in accordance with the prescribed cases at Article 16 of this Law:

1. The regulation provides goods for domestic and export goods, imports; goods between regions, domestic countries through the organization of goods circulation; buying into or selling national reserves, storage reserves;

2. Financial measures, currencies in accordance with the rule of law;

3. In case of need, set a price-price normalization fund in the Value of the Commodity Portfolio, the average performing service is aimed at providing support for the price of price stability; use of a stable fund as the price of the goods, that service fluctuated. or bad impact on the economy and life.

The price of fine peace is established from the following sources:

a) From the price of goods, services;

b) voluntarily contributions to the organization, individual;

c) Foreign aid;

d) Other legal sources.

The government regulates the details of the item that is funded by the price of stability, the establishment, management and use of a stable fund;

4. Sign a price for the goods, the service of the price is stable. Organizations, individuals who produce, business only make price posts on goods, a price-based service in the time the State applies the measure of price stability;

5. Check out the price factor factor; control inventory of inventory; check the number, volume of existing goods;

6. Apply the measure of support in accordance with the regulation of the law and international commitment;

7. Specific valuation, maximum price, minimum price, or framing in accordance with the nature of each type of goods, services in accordance with principles, bases, regulatory methods in this Law.

What? 18. Authority and responsibility to decide to apply price normalization measure

1. The government decided to chair and measure the price normalization of the prescribed cases at Article 16 and Article 17 of this Law.

2. The Ministry of Finance, ministries, peer-to-peer agencies, the mandate, the powers to be delivered and the government ' s assignment of guidance and the organization to implement the price-to-decision price normalization measure by the Government.

3. The Provincial People ' s Provincial Committee, the mandate, the authority to hold the implementation of the implementation of a measure of price normalization provided by the Government and the guidelines of the Ministry of Finance, ministries, peer agencies; in the case of natural disasters, fire, disease, accidents, accidents Suddenly, the base of the local reality situation decided to justify the local price normalization.

4. The decision agency to adopt a price normalization measure is responsible for deciding the deadline to apply the measure of price normalization.

5. The agency, the individual who decides to apply the measure of price normalization is responsible for its decision by the rule of law.

6. The government regulates this.

Item 2

VALUATION

What? 19. Goods, Services defined by the State

1. State of valuation for:

a) Goods, services in the field of state monopolization of production, business;

b)

c) National reserves; products, utility services, and public services use state budgets.

2. The valuation forms:

a) A specific price;

b) The price frame;

c) The maximum price, the minimum price.

3. The portfolio of goods, services provided by the State of the Valuation are as follows:

a) A specific price valuation for:

-Flight services, including: take-off service, land landing; flight operations, to; support for operational assurance of flight; screening security;

-Telecommunication service.

-Electricity: electricity transmission prices; the cost of the electrical system;

b) The price frame for: the price of electricity; the wholesale price; the average electricity retail price; the exclusive domestic air transport service;

c) A price frame and a specific price for:

-The land, the water, the groundwater, the forest that is owned by the State as the owner of the owner and the clean water;

-For rent, rent in social housing, home at work is built from a state budget source; the sale price or price for housing lease is owned by the state;

-Disease discovery, healing and educational services, training at the facility of the disease, healing, educational institutions, training of the State; and more.

d) The maximum price or minimum price for:

-The national reserve pursuits to the law of national reserves; goods, services ordered by the State, production planning, business; product, utility services, public career services using state budgets, unless the service is regulated. At the point of this three,

-The product of cigarettes produced in the water;

-The rental price for state property is the infrastructure structure.

4. The case is required to adjust the portfolio of goods, services defined by the State, the Government to the Standing Committee of the National Assembly review, the decision.

What? 20. State ' s valuation principle

1. Make sure to offset the cost of production, the actual business rationing, which is profitable in accordance with market price and advocated, the state economic-economic development policy of the state during the period.

2. Time to adjust the price when the elements form the price change.

What? 21. Base, valuation method

1. Value base:

a) The full price, the quality of the goods, services at the time of valuation; expected profit level;

b) The supply relation of the goods, services and purchasing power of the currency; the ability to pay the consumer;

c) The market price in the country, the world and the competiability of goods, services at the time of valuation;

2. The valuation method:

a) The Ministry of Finance regulates the general valuation method for goods, services;

b) The ministries, the peer-to-peer agency, in coordination with the Ministry of Finance guide the valuation method to the goods, the service under its valuation authority.

What? 22. Authority and Authority valuation

1. The government stipulated:

a) the price of the land;

b) The price frame for the water lease;

c) The rental price frame, renting in social housing, home in the service.

2. The Prime Minister regulates the price frame of the average power retail price, the price of price adjustments and the electricity retail price expression structure.

3. Minister of Finance, Ministers, peer-to-peer agencies, Provincial People's Committee valuing goods, services stipulated at Article 19 of this Law in accordance with the division, government hierarchy.

4. The agency, the individual decides to value the goods, services of the Catalogue of the goods, services determined by the State to be responsible for its decision before the law.

Section 3

PRICE TRADE

What? 23.

1. The price agreement for the goods, the service meets the following conditions:

a) Goods, services are not part of the portfolio of goods, services defined by the State;

b) Goods, important services produced, business in particular conditions or have limited competitive markets; there is an exclusive property that buys or monopoles of sale or buyer, the semi-dependent side cannot be replaced.

2. The state agency has the authority to hold a price association with the goods, the service is regulated at 1 Article in the following cases:

a) When there is an offer of the buyer or the seller or both parties to buy and sell;

b) When there is a request by the Prime Minister, the Minister, the Prime Minister of the Council, the Prime Minister of the Government, Chairman of the Provincial People's Committee.

What? 24. Authority and accountability organization

1. The Finance Ministry presiding over the sale of the price at the request of the Prime Minister, the Minister, the Prime Minister of the Ministry of China, the Prime Minister of the Government.

2. The Treasury Department chairs the organization of the price at the request of the Chairman of the Provincial People's Committee, or when the buyer's offer or the seller's offer or both the purchase and sale are based on the site. The purchase and seller's case is based in two different provinces, and the two sides agree that the two sides agree to one of the two main finance departments; the most unlikely case is the Finance Department, where the semi-finals are headquartered. All right,

3. The trader organization is responsible for organizing the trade under the rule of law.

What? 25.

1. The Agency organizes a written notification price agreement on the price of the agreed price for the parties following the injury.

2. The case has organised the price match but the parties have not yet agreed to the price the price of the treaty organization determines the temporary price for the two sides to enforce.

The temporary price decision issued by the organization's agency has a maximum execution effect of 6 months. During the temporary pricing execution time, the parties continued to negotiate on the price. If the unified parties are priced, the price is agreed upon and the responsibility for reporting the organization of the merchant organization knows that the price has been agreed upon, the time of execution.

At the end of the six months, if the parties do not make a deal, the agency has the authority to hold the second price treaty. If the parties still do not reach an agreement on the price, the temporary price decision continues to take effect until the agreement is reached.

Section 4

TEST ELEMENT FACTOR

What? 26. The case of test factor factor

1. The state agency has the authority to examine the factor of the valuation factor for the goods, the service stipulated at paragraph 2 of this in the following circumstances:

a) When the state agency has the authority to decide on the price of stability, valuation;

b) When the price has an abnormal volatility and at the request of the Prime Minister; the Minister, the Prime Minister of China, the Chairman of the People's Committee.

2. Goods, services must check the factor formation factor including:

a) Goods, services defined by the State;

b) The goods, the services performed well;

c) Goods, other services when prices fluctuate irregularly at the request of the Prime Minister, the Minister, the Prime Minister, and the Chairman of the Provincial People's Committee.

What? 27. Authority and accountability factor in price form factor

1. The Ministry of Finance chaired, in coordination with ministries, peer agencies, the Provincial People ' s Committee examining the factor of the valuation factor to:

a) Goods, services under the Government ' s valuation authority, the Prime Minister, the Minister of Finance;

b) The goods, services of the Catalogue of the Goods, the value-based implementation services are regulated at Article 15 of this Law.

2. The ministries, peer-to-peer agencies, in coordination with the Ministry of Finance, the Provincial People ' s Committee examine the factor of the price factor on goods, the service under the pricing authority of the Minister, the head of the peer-to-peer agency.

3. The Provincial People ' s Committee examines the factor of the achievement factor to:

a) Goods, services under the pricing authority of the Provincial People's Committee;

b) The goods, services of the Catalogue of the Goods, the services that perform the price equality of the organization, the individual producing, the business on the site.

Chapter IV

PRICE APPRAISAL

Item 1

GENERAL REGULATION OF PRICE APPRAISAL

What? 28. appraisal activity

1. The organization that meets qualified according to the rules of this Law is activated.

2. The individual is not active in an independent price appraisal.

3. Active appraisal activities must comply with the regulation of the price appraisal of this Law.

What? 29. The principle of price appraisal activity

1. comply with the law, the standard of the appraisal of Vietnam.

2. Take responsibility for the statutory appraisal operation by law.

3. Secure the independence of professional expertise, honesty, objectiation, and price appraisal.

4. Security information according to the law.

What? 30. Property price appraisal process

1. The general identification of the property needs to determine the price and determine the market value or non-market as a price appraisal facility.

2. Plan a price appraisal.

3. The actual survey, gathering information.

4. Information analysis.

5. Define the asset value that needs a price appraisal.

6. Set up the results of a price appraisal report, the price appraisal and dispatch to the client, the stakeholders.

What? 31. Asset appraisal

1. The property of the organization, the individual has the need to judge the price.

2. The property that the State must judge on the provisions of the law on management, use of state property and other regulation of the relevant law.

What? 32. Results appraisal

1. The price appraisal is used as one of the bases for the agency, the organization, the owner or the right to use the property by the rule of law and the parties concerned, decide or approve the price on the property.

2. The use of a price appraisal must be the right purpose of writing in the price appraisal contract or the text that requires the price appraisal of the competent state agency.

3. The price appraisal is used only in the period of validity recorded in the report of the price appraisal and price appraisal.

What? 33. 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 price appraisal and the implementation of the task in relation to the regulatory appraisal operation by law.

Item 2

APPRAISAL

What? 34. Standard appraisal of price

1. There is civil conduct.

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

3. Graduate graduate of a career appraisal business.

4. There is a period of practical work according to the training industry from 36 months or more after having a degree in the undergraduate degree in regulation at paragraph 3 This.

5. There is a certificate of professional training in the price appraisal issued by the competent authorities.

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

What? 35. Interaction appraisper

1. The appraisal of the executive price is the eligible for the regulation at Article 34 of this Law registering the practice of price appraisal at the price appraisal business.

2. The rights and obligations of the Appraisal of the Occupational Value at the Business appraisal are regulated at Article 37 of this Law.

What? 36. People who are not in business appraisal

1. The person who does not qualify for regulation at Article 34 of this Law.

2. Officer, civil service under the provisions of the law on cadres, civil officials; officers, professional servicemen, defense workers in the agency, unit of the People ' s Army; officer, senior officer of the case, officer, corporal officer of engineering in the body. Officials, units of the People's Security.

3. The person is being banned from the trial of a verdict by the verdict, the Court ' s decision has been in effect the law; who is being pursued for criminal responsibility; who was convicted of one of the economic offences, the office related to finance, price, appraisal. has not yet been cleared of the case; the person is being applied for administrative practice in the commune, the ward, the town, who is being taken into a mandatory rehab facility, entering into compulsory education.

4. The person who has been convicted of economic crimes from severe returns.

5. The person with a violation of the law on finances is sentenced to administrative violations in the 01-year term, since the date of the decision to be punished.

6. The person is being suspended for a price appraisal.

What? 37. The rights and obligations of the appraisal of the action price

1. The authority of the appraisal of the executive price:

a) The practice of appraisal by the regulation of this Law and the other regulation of the relevant law;

b) Independent professional;

c) requires the customer to provide a profile, document related to the price appraisal and facilitate the implementation of the price appraisal;

d) Rerefuse to perform a price appraisal if the test does not qualify for a price appraisal;

Participating in the professional organization of the valuation appraisal in the country and abroad in accordance with the rule of law;

e) Other rights under the rule of law.

2. The obligation of the appraisal of the executive price:

a) compliance with the regulation of the activity of appraisal by the regulation of this Law and the other regulation of the relevant law;

b) The right and full contract appraisal contract;

c) Sign the results of the price appraisal, the price appraisal and the responsibility to the law, before the representative under the law, the Director General or Enterprise Director of the price appraisal of the price appraisal;

d) The process or protect the results of the price appraisal made by itself with the price appraisal or third party using a price appraisal result is not a price appraisal but it is written in a contract appraisal when required;

Participating in professional knowledge fostering programs in the agency, the organization is allowed to organize;

e) Store records, documentation of price appraises;

g) Other obligations under the rule of law.

Section 3

BUSINESS APPRAISAL

What? 38. The founding and operational conditions of the value appraisal business

1. Enterprise appraisal is established by the regulation of the Corporate Law.

2. Enterprise appraisal is operated when the Ministry of Finance grants a sufficient certification of the price-price appraisal service by law.

What? 39. Level Certificate of Certificate of Priced Appraisal Service

1. A limited liability company a member when recommended granting a Certificate of Appraisal Certificate Service Business must qualify for the following conditions:

a) There is a Business Registration Certificate, Business Registration Certificate or Investment Certificate in accordance with the law;

b) There are at least 03 appraisations of job registration prices at the business, including members being the owner;

c) The representative under the law, the Director, or General Manager of the LLC a member must be a judge on the price of an executive registration price at the business.

2. The two-member LLC becomes available when the offer to grant a Certificate of Appraisal Service business conditions must be sufficient for the following conditions:

a) There is a Business Registration Certificate, Business Registration Certificate or Investment Certificate in accordance with the law;

b) There are at least 03 appraisations of job registration prices at the business, of which the minimum must have 02 members;

c) The representative under the law, Director, or General Manager of the two-member LLC must be a judge on the price of registration of the practice at the business;

d) The part of the membership's contribution is that the organization does not exceed the level of funds provided by the Government. The member's representative is to be an appraisal of the business registration price at the business.

3. The company that is in the name of the offer to grant a Certificate of Appraisal Certificate Service Business must be sufficient following the following conditions:

a) There is a Business Registration Certificate, Business Registration Certificate or Investment Certificate in accordance with the law;

b) There are at least 03 appraisations of job registration prices at the business, of which the minimum must have 02 honorary members;

c) The representative under the law, the Director, or General Manager of the company, is an appraisal of the business registration price at the business.

4. Private enterprise when recommended granting a Certificate of Appraisal Certificate Service Business must be sufficient following the following conditions:

a) There is a Business Registration Certificate, Business Registration Certificate or Investment Certificate in accordance with the law;

b) There are at least 03 appraisations of job registration prices at the business, of which 01 appraisers are private business owners;

c) The private business director must be a appraisal of the subscription price at the business.

5. The holding company at the suggestion of granting a Certificate of Certificate of the Appraisal Service business must be sufficient for the following conditions:

a) There is a Business Registration Certificate, Business Registration Certificate or Investment Certificate in accordance with the law;

b) There are at least 03 appraisations of job registration prices at the business, of which the minimum must have 02 founding shareholders;

c) The representative under the law, the Director or General Manager of the holding company must be an appraisal of the registration price of the business at the business;

d) The part of the membership's contribution is that the organization does not exceed the level of funds provided by the Government. The member's representative is to be an appraisal of the business registration price at the business.

6. The government regulates the sequence, issuing a Certificate of Certification Services Business.

What? 40. Suspend the price appraisal service and revoking the Certificate of Qualified Appraisal Service

1. Enterprise appraisal is suspended for a price appraisal service business when belonging to one of the following cases:

a) Not to guarantee one of the stipulation conditions at 1, 2, 3, 4 and 5 Articles 39 of this Law for 3 consecutive months;

b) There is a serious problem of expertise or breach of price appraisal standards.

2. Enterprise appraisal is revoked of a Certificate of Qualified Appraisal business when belonging to one of the following cases:

a) The manifest is not correct or fraud, forgery of the recommended record of granting a Certificate of Appraisal Services business;

b) Do not business the price appraisal for 12 consecutive months;

c) Do not rectify the prescribed violation at paragraph 1 This Article for a 60-day period, since the date of the suspension;

d) Being dissolved, bankrupt or self-ending the business activity of the appraisal service;

) Revoked for a Business Registration Certificate, Business Registration Certificate or Investment Certificate.

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.

4. The government provides details of the suspension of the price appraisal service business, revoking the Certificate of Qualified Appraisal Service business.

What? 41. Corporate Branch appraisal

1. Enterprise branch appraisal is a dependency of the price appraisal business, which has a partial or full task of performing a price appraisal in accordance with the written authorization of the price appraisal business.

2. The business appraisal firm is established, operating under the regulation of the law and must have at least 02 appraisations of the price, of which the Branch Director must be an appraisal of an executive price registration price at the established price appraisal business. That branch.

3. Enterprise appraisal must be responsible for the operation of the price appraisal branch due to the established business.

What? 42. The rights and obligations of the business appraisal

1. The rights of the business appraisal:

a) Provide a price appraisal service;

b) Reaction the appraisal of the price appraisal by the price of agreement with the customer that has scored in the contract;

c) The establishment of the price appraisal business;

d) Set the basis of an offshore appraisal service business;

Participating in the domestic and foreign trade organization in accordance with the regulation of the law;

e) Ask the customer to judge the price of the records, documents, metrics related to the price appraisal property;

g) refused to perform a price appraisal service on the request of the customer;

h) Other rights under the rule of law.

2. The obligation of the business appraisal:

a) comply with the regulation of price appraisal by the regulation of this Law and Corporate Law;

b) Provide a price appraisal report and price appraisal of the customer and third parties using a result of the signed price appraisal result;

c) responsible for the accuracy, honesty, objective of the price appraisal results;

d) Buy occupational liability insurance for price appraisal or to extract a career risk reserve fund;

Compensation damages to the customer by the rule of law due to the violation of the agreements in the contract appraisal and in case the outcome appraisal damages the benefit of the customer due to the non-compliance of the price appraisal regulations;

e) The occupational activity of the appraisal of the price of management;

g) Do the report mode;

h) File storage, document on price appraisal;

i) Other obligations under the rule of law.

What? 43. The activity of the foreign bid organization in Vietnam

1. The Organization for the Appraisal of Foreign Prices is eligible under the provisions of this Law and the other provisions of the relevant legislation that are carried out the price appraisal activity in Vietnam.

2. The establishment and operation of the price appraisal of the foreign value appraisal organization in Vietnam follows the regulation of this Law and the other regulation of the relevant law.

3. The government regulates the form, the scope of providing the price appraisal of the foreign price appraisal organization in Vietnam.

Section 4

STATE PRICE APPRAISAL

What? 44. State price appraisal range

The state ' s price appraisal activity due to the state agency has the authority to do in the following cases:

1. Buy, sell, liquorate, lease state property or lease assets that serve the activities of the state agency under the rule of law on management, use of state property;

2. Not hiring business appraisal;

3. Buy, sell property in state secrets;

4. Buy, sell a large value state property that, after having hired a business appraisal, agency or a competent authority to approve it is necessary to have the appraisal opinion of the competent state agency.

What? 45. State price appraisal method

1. The state authority has the authority to set up the Council of Appraisal when necessary to judge the price for the prescribed cases at Article 44 of this Law. The board of appraisal is dissolved upon completion of the mission.

2. The price appraisal is responsible for appraisal by regulation of this Law, the other regulation of the relevant law and is responsible for the accuracy, honesty of the price appraisal result.

What? 46. The state ' s price appraisal procedure

The government provides details of the order, the state ' s appraisal procedure.

Chapter V.

EXECUTION CLAUSE

What? 47.

The law came into effect on 1 January 2013.

Numerus Price Ordinance 40 /2002/PL-UBTVQH10 The effect of this law came into effect.

What? 48. Details regulation and execution guidelines

The government rules out the details, guidelines for the implementation of the provisions, which are assigned in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the third session through June 20, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong