Circular No. 12/2015/TT-BKHĐT guides on professional standards in judicial appraisal activities; procedures for appointing persons to participate in judicial appraisals and establishing Judicial Appraisal Boards in the planning and investment sector.

CIRCULAR

Guidelines on Professional Standards in Judicial Appraisal Activities;

procedures for appointing persons to participate in judicial appraisals and establishing Judicial Appraisal Councils

in the field of planning and investment

____________________ 

Camendpursuant to the Law onJune 2024;Judicial Appraisal       In accordance with 2013June 2024;-CP of the Government dated February 1, 2024, stipulating high-tech zones;amendPursuant to Decree No. 11/2013/NĐ-CP dated February 14, 2013 of the Government on management of investment in urban development;

Camendpursuant to Decree No. 33/NĐ-CP dated July 29, 2013 of the Government detailing and guiding the implementation of the Law on Judicial Appraisal;No. 85/201-CP dated2013 of the Government detailing and guiding the implementation of the Price Law; December 2008 of the Government stipulating functions, tasks,June 2024;powers and organizational structure

WHEREAS,ứ Government Decree No. 116/2008/N3. Amend Clause 3 Article 2 as follows:of the Ministry of Planning 14 organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.onth 11 For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.amendand InvestmentamendLegal Department of the Ministry of Planning and Investment issues this Circular on guidelines regarding professional standards in vjudicialinvestment;

This Circular guides on the functions, duties, powers, organizational structure, operational regulations, and relationships between Management Boards and heads of public service units and superior management agencies; standards and conditions for appointment and removal of members of Management Boards, including Chairpersons of Management Boards in public service units.inappraisal;,

Minister of theinprocedures for appointing persons to participate in judicial appraisalsngand establishing Judicial Appraisal Councils in the field of planning and investment.Article 1. This Circular stipulates professional standards in judicial appraisal activities; acceptance of requests for judicial appraisals; judicial appraisal files and conclusions; procedures for appointing persons to participate in judicial appraisals and establishing Judicial Appraisal Councils in the field of planning and investment.5. SUPPORT MONITORING TOOLS:FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSArticle 2. This Circular applies to organizations and individuals related to judicial appraisals in the field of planning and investment. hoperiodorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. đ|||Article 3. Application of professional standards in judicial appraisal activities in the field of planning and investment đ1. Professional standards applicable to judicial appraisal activities in the field of planning and investment include standards for investment evaluation, bidding, business registration, cooperative societies, and other standards in the field of planning and investment.concerning the classification and determination of state management authority in the field of crop production 2. For areas without specific standards, judicial appraisals shall be based on legal normative documents governing such areas.đổ 3. Judicial appraisals in the field of planning and investment must be based on legal normative documents that are in effect at the time the incident occurred. and Article 4. Acceptance of Requests for Judicial Appraisals, Objects of Judicial Appraisals, and Appointment of Persons to Conduct Judicial Appraisals

Article 1. Scope of Regulation and Applicability

1. At the Ministry of Planning and Investment:

a) In cases where requests for judicial appraisals are sent to the Ministry of Planning and Investment, the Legal Department shall take the lead and coordinate with the heads of relevant units within the Ministry to select judicial appraisers based on the content of the request for judicial appraisal according to the criteria set forth in Article 2 of Circular No. 07/2014/TT-BKHĐT dated November 24, 2014 of the Ministry of Planning and Investment guiding certain aspects of judicial appraisals in the field of planning and investment. The Department of Organization and Cadres shall receive the file from the Legal Department and proceed with the procedure to appoint the judicial appraiser by the Minister of Planning and Investment. The handover and receipt of the file, objects of the request for judicial appraisal must be recorded in a protocol according to the model specified in Appendix I of this Circular;

b) When receiving objects for appraisal, related documents, or comparison samples (if any) in sealed condition, the person opening the seal must check the seal before opening it. The process of opening the seal must have the presence of the appraiser, the requester of the judicial appraisal, and any witnesses (if any). All information and events related to the process of opening the seal must be recorded in the protocol and signed by all parties involved and witnessed according to the model specified in Appendix II of this Circular;

c) In cases where the request for judicial appraisal contains content not within the scope of state management in the field of planning and investment, the Ministry of Planning and Investment (Legal Department) shall issue a letter refusing to accept the request for judicial appraisal and send it to the requester of the judicial appraisal;

d) In cases where the requester of the judicial appraisal directly requests a judicial appraiser, the judicial appraiser shall report to the head of the unit managing them to arrange and create conditions for conducting the appraisal.

2. At Provincial Departments of Planning and Investment; Management Boards of Industrial Zones, Export Processing Zones, Economic Zones:

a) In cases where requests for judicial appraisals containing content within the scope of state management are received, the Director of the Provincial Department of Planning and Investment, the Head of the Management Board of the Industrial Zone, Export Processing Zone, Economic Zone shall select judicial appraisers suitable for the content of the request for judicial appraisal, decide on the form of appraisal as individual or collective appraisal according to Article 28 of the Law on Judicial Appraisal; reply to the requesting agency with the list of persons assigned to conduct the appraisal and the form of appraisal for the requested content;

b) In cases where the content of the appraisal does not fall within the scope of state management, the Director of the Provincial Department of Planning and Investment, the Head of the Management Board of the Industrial Zone, Export Processing Zone, Economic Zone shall refuse to conduct the judicial appraisal and reply in writing to the requesting agency.

3. Persons assigned to conduct judicial appraisals shall be responsible for accepting requests for judicial appraisals, organizing the appraisal, concluding on the appraisal content, and replying to the requesting agency. If they refuse to conduct the appraisal due to the content requiring appraisal exceeding their professional capacity; insufficient or non-valuable provided objects of appraisal and related documents for conclusion; insufficient time to conduct the appraisal or for other legitimate reasons, the refusal must be notified in writing to the requester of the judicial appraisal and the reason must be clearly stated.

b) When receiving the object to be appraised, related documents, or comparison samples sent along (if any) in a sealed condition, the person opening the seal must check the seal before opening it. The process of opening the seal must have the presence of the person conducting the appraisal; the person requesting or demanding the appraisal, and the witness (if any). All information and developments related to the process of opening the seal must be recorded in the minutes and confirmed with signatures of all participating parties and witnesses according to the model specified in Appendix II of this Circular;

c) In cases where the request for judicial appraisal contains content not within the scope of state management in the planning and investment sector, the Ministry of Planning and Investment (Legal Department) shall issue a document refusing to accept the request for appraisal and send it to the person requesting or demanding the appraisal;

d) In cases where the person requesting or demanding the appraisal directly requests the judicial appraiser, the judicial appraiser shall report to the head of the unit directly managing them to arrange and create conditions for the appraisal to be carried out;

2. At the Department of Planning and Investment; Management Board of industrial parks, export processing zones, economic zones:

a) In cases where the request for judicial appraisal contains content within the scope of state management, the Director of the Department of Planning and Investment, the Head of the Management Board of industrial parks, export processing zones, economic zones shall select judicial appraisers suitable for the content of the request for appraisal according to the case, decide on the form of appraisal as either individual or collective appraisal as prescribed in Article 28 of the Law on Judicial Appraisal; reply to the requesting agency the list of persons assigned to conduct the appraisal and the form of appraisal for each requested content;

b) In cases where the content of the appraisal does not fall within the scope of state management, the Director of the Department of Planning and Investment, the Head of the Management Board of industrial parks, export processing zones, economic zones shall be responsible for refusing the judicial appraisal and replying in writing to the requesting agency;

3. The person assigned to conduct the judicial appraisal shall be responsible for accepting the content of the request for appraisal, organizing the appraisal, concluding on the appraisal contents, and replying to the requesting agency. If they refuse the appraisal due to the content requiring appraisal exceeding their professional capacity; insufficient or non-valuable related objects or documents provided for making an appraisal conclusion; insufficient time to carry out the appraisal or for other legitimate reasons, the refusal must be notified in writing to the person requesting or demanding the appraisal and the reasons clearly stated.

Article 4. Judicial Appraisal File

The judicial appraisal file shall be established by the person conducting the judicial appraisal and shall include: Request decision, appraisal request document; handover record of the file and objects subject to appraisal; documentation of the appraisal process; appraisal image (if any); previous appraisal conclusion or testing results conducted by others (if any), and other relevant documents pertaining to the entire appraisal process and the judicial appraisal conclusion.

Article 5. Judicial Appraisal Conclusion

1. The person conducting the judicial appraisal must establish the judicial appraisal conclusion in accordance with Clause 1 of Article 32 of the Law on Judicial Appraisal.

2. The judicial appraisal conclusion must bear the signature of the person conducting the appraisal or the head of the organization conducting the appraisal as stipulated in Clause 2 of Article 32 of the Law on Judicial Appraisal.

3. The judicial appraisal conclusion, handover record of the judicial appraisal conclusion, and documentation of the entire appraisal process shall be carried out according to the models prescribed in Appendices III, IV, and V of this Circular.

Article 6. Establishment of the Judicial Appraisal Council

1. The Minister of Planning and Investment shall establish the Judicial Appraisal Council in the field of planning and investment in cases where there is a difference between the initial appraisal conclusion and the re-appraisal conclusion regarding the same appraisal content.

2. The establishment of the Judicial Appraisal Council in the field of planning and investment shall be implemented according to the following provisions:

a) The Cadre and Civil Service Department shall take the lead, in coordination with the Legal Department, in selecting the appropriate judicial appraiser for each case based on the content of the appraisal request, completing the file, and submitting it to the Minister for the decision to establish the Council;

b) The Judicial Appraisal Council shall consist of at least three members who are experts and have experience in the relevant field;

c) The Judicial Appraisal Council shall operate under the collective appraisal mechanism as provided for in Clause 3 of Article 28 of the Law on Judicial Appraisal.

Article 7. Effective Date

1. This Circular shall take effect from December 15, 2015.

2. The Heads of the Ministry's Office, Heads of the Cadre and Civil Service Department, Heads of the Legal Department, Heads of related units under the Ministry, Directors of Provincial Departments of Planning and Investment, and Managers of industrial zones, export processing zones, and economic zones are responsible for implementing this Circular.