Decision No. 21/2004/QD-BTC of the Minister of Finance on the issuance of regulations on the issuance, use, and management of the Price Appraiser Card.

 

Pursuant to …;

Regarding the issuance of regulations on issuing, using, and managing
Price Appraisal Officer Cards

Pursuant to the Price Ordinance No. 40/2002/PL-UBTVQH 10 dated April 26, 2002;

Pursuant to Decree No. 170/2003/ND-CP dated December 25, 2003 of the Government detailing the implementation of certain provisions of the Price Ordinance;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 77/2003/QĐ-CP dated July 1, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Price Management Department,

DECISION:

Article 1. The attached Decision promulgates: "Regulations on Issuing, Using, and Managing Price Appraisal Officer Cards".

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Price Management Department, the Head of the Cadre and Civil Servant Affairs Department, the Chief of the Ministry’s Office, the Chairman of the Price Appraiser Examination Council, the Heads of relevant units, appraisal organizations and enterprises, and Price Appraisers are responsible for implementing this Decision./.

 

REGULATIONS

REGULATIONS ON ISSUING, USING, AND MANAGING PRICE APPRAISER CARDS
(Attached to Decision No. 21/2004/QĐ-BTC dated February 24, 2004 of the Minister of Finance).

PART I
GENERAL PROVISIONS

Article 1Objectives and Conditions for Issuance of Cards.

All Vietnamese citizens meeting the following conditions shall be considered for issuance of Price Appraiser Cards.

1. Having a clear record, possessing good moral character, being honest and incorruptible, having no criminal record, and not currently under disciplinary action from a warning or higher.

2. Holding a bachelor's degree (from Vietnam or abroad) and working continuously for at least three years in state agencies, political-social organizations, or enterprises in fields such as pricing, price appraisal, accounting, auditing, or finance (or five years for other fields).

3. Possessing a certificate of specialized vocational training in price appraisal issued by universities, colleges, or legally authorized organizations that provide such training (individuals with a bachelor's degree in price appraisal from Vietnam or abroad do not need this certificate).

4. Holding a foreign language certificate at level C and a computer skills certificate at level B or higher, issued within two years prior to registering for the price appraiser examination.

5. Submitting a complete application form and examination fees for the issuance of a Price Appraiser Card in accordance with Article 2 of these regulations.

6. Passing the price appraiser examination organized by the Price Appraiser Examination Council of the Ministry of Finance in accordance with these regulations.

Article 2Application Forms and Examination Fees.

1. Application forms for the examination must be submitted to the Price Appraiser Examination Council no later than thirty days before the examination date. The application includes:

1.1. An examination registration form.

1.2. A detailed curriculum vitae with a recent photograph (confirmed by the competent authority or the People's Committee of the residential commune).

1.3. Certified copies of academic and professional certificates (university diploma, foreign language certificate, computer skills certificate) issued by the competent authority or notarized.

1.4. Three color photographs measuring 3x4 cm (taken within six months prior to the registration date), two envelopes with stamps and the recipient's address.

1.5. Copies of examination results for subjects retaken or not yet taken, certified by the Chairman of the Examination Council.

2. Examination application forms are issued by the Price Appraiser Examination Council according to a unified model.

3. Examination fees are charged per subject and announced by the Examination Council for each examination period.

Article 3Examination Content.

1. The number of subjects in the price appraiser examination includes:

1.1. Economic Law.

1.2. Formation Basis of Prices.

1.3. Principles and Methods of Price Appraisal.

1.4. Real Estate Price Appraisal.

1.5. Machinery and Equipment Price Appraisal.

1.6. Enterprise Value Appraisal.

1.7. Computer Skills (Level B).

1.8. Foreign Language (Level C).

The content and requirements for each subject are specified in Appendix No. 01 attached to these regulations.

2. Candidates may register for a minimum of four subjects in the first examination attempt.

Article 4Examination Format.

1. For each of the subjects 1, 2, 3, 4, 5, and 6 (Article 3), candidates must complete a written test (or multiple-choice test) within a maximum of 180 minutes.

2. For subjects 7 and 8 (Article 3), candidates must complete a written test (or multiple-choice test) within a maximum of 120 minutes, and also participate in practical computer-based testing (subject 7) and oral questioning (subject 8) within 30 minutes.

Article 5Organization of Examinations.

1. The examination for issuing Price Appraiser Cards is held annually. At least three months before the examination date, the Examination Council officially announces on mass media the conditions, standards, time, location, and other necessary information.

2. To prepare for the examination, candidates may attend vocational training courses organized by the Vietnam Valuation Association, universities, colleges, or training centers (approved by the Ministry of Finance) according to a unified program prescribed by the Ministry of Finance.

3. Within forty-five days from the end of the examination period, the Examination Council must announce the examination results and notify the candidates.

Article 6Meeting Examination Requirements, Retaining Examination Results, and Waiving Examinations.

1. Subjects meeting the requirements are those achieving a score of 5 or higher out of 10 points. Candidates who pass all eight subjects and achieve a total score of 50 points or higher will be recognized by the Examination Council as passing the Price Appraiser Examination.

Individuals exempted from certain subjects pursuant to Clause 3 of this Article must pass all remaining seven subjects with a total score of 40 points or higher to be recognized by the Examination Council as passing the Price Appraiser Examination.

2. Subjects meeting the requirements are retained for three years from the first examination. During this retention period, candidates can retake unpassed subjects up to three times.

Within three years, individuals who have passed all eight subjects but whose total score falls short of 50 points (or seven subjects with a total score below 40 points) as stipulated in Clause 1 of this Article may choose to retake the required subjects to improve their scores.

3. Exemption from the foreign language examination applies to:

- Holders of a bachelor's degree in foreign languages from Vietnam or a bachelor's or master's degree from abroad.

- Special cases determined by the Minister of Finance.

, Clause 1, Clause 2 Article 7a of this Regulation.Cancellation of Examination Results.

After a period of three years from the first examination, if there is at least one out of eight subjects that has been taken three times but not met the requirements, or all eight subjects have met the requirements but the total score does not reach fifty points (or forty points for cases exempted from examination as provided in Clause 1 of Article 6 of this Regulation), then the results of previous examinations will no longer be recognized as meeting the examination requirements. To continue participating in the examination for Price Appraiser, the candidate must retake all eight subjects.

Chapter II
EXAMINATION BOARD FOR PRICE APPRAISER

SUBJECT BOARD AND EXAMINATION MANAGEMENT BOARD

Article 8. Examination Council for Price Appraisers

1. The Examination Board for Price Appraiser (hereinafter referred to as the Examination Board) shall be established by the Minister of Finance upon the proposal of the Director of the Price Management Department and the Director General of the Cadre Organization Department.

2. The examination for Price Appraiser shall be organized by the Examination Board. For each examination session, the Examination Board must establish a Subject Board and an Examination Management Board.

3. The Examination Board is permitted to use the seal of the Price Management Department during its operational period. The seal of the Ministry of Finance may only be used when necessary according to regulations and when issuing the Price Appraiser Card.

4. Members of the Examination Board are not allowed to provide tutoring or review guidance after announcing the examination plan, content, and program for that year.

Article 9. Organization of the Examination Council.

1. The composition of the Examination Board includes:

- Chairman of the Examination Board: Director of the Price Management Department under the Ministry of Finance.

- Vice-Chairman of the Examination Board, Secretary Member, and other members of the Examination Board; they are representatives of state management agencies on price appraisal, specialized staff in the field of price appraisal, experts in price appraisal, and legal experts.

- The maximum number of members of the Examination Board is nine. The term of office of the Examination Board is five years. In case one-third of the members of the Examination Board are absent, the Chairman of the Examination Board shall submit to the Minister of Finance for decision to supplement the members of the Examination Board.

2. The office of the Examination Board is located at the Price Management Department.

3. The Standing Committee assists the Examination Board. The Standing Committee is decided by the Director of the Price Management Department within the department's staffing. The maximum number of members of the Standing Committee is four.

Article 10. The Examination Council has the following responsibilities and authorities:

1. Develop, perfect, and concretize the content and program for training for each examination session for Price Appraiser.

2. To prepare examination plans and publicly announce them through mass media.

3. Organize examination sessions for Price Appraiser.

4. Approve examination room rules.

5. To receive and review candidate application files.

6. Review examination results, announce results, and notify scores to each examinee.

7. Organize re-examination of examination results if requested by the examinee.

8. To report annually to the Minister of Finance on examination plans and results of each examination period.

9. Compile a list of successful candidates to issue certificates of passing the examination.

10. Proactively propose or participate in improving the Examination Regulations for Price Appraiser when required.

11. Participate and resolve complaints and reports related to examinees and examination organization.

Article 11. Working regime of the Examination Council.

1. The Examination Board operates collectively. Decisions of the Examination Board must reflect collective opinions, following the principle of voting with two-thirds agreement of the members of the Examination Board.

2. The Examination Board organizes one meeting before the examination session and one meeting after the examination session, convened by the Chairman of the Examination Board. When necessary, the Chairman of the Examination Board decides to convene extraordinary meetings.

3. The Examination Board can use administrative working hours to organize meetings and activities within its duties and powers. Members of the Examination Board are entitled to remuneration deducted from examination fees, as decided by the Chairman of the Examination Board.

4. The program and content of Examination Board meetings must be notified (in writing) to members at least one week before the meeting.

Article 12. Responsibilities and authorities of members of the Examination Council.

1. Chairman of the Examination Council:

- Responsible for organizing and implementing the duties and powers of the Examination Board as stipulated in Article 9 of this Regulation.

- Assign responsibilities to each member of the Examination Board.

- Decide on the establishment of the Subject Board and the Examination Management Board.

- Organize the preparation of examination questions, selection of examination questions and answers according to the prescribed content and program, ensuring absolute secrecy of the examination questions and answers before the examination.

- Organize strict and safe examination sessions.

- Safeguard examination papers securely, organize coding, cutting, managing codes, and transferring papers to the Head of the Subject Board for marking.

- Organize the merging of codes, scoring of examination papers, and presenting scores to the Examination Board.

- Issue examination score certificates.

- Issue certificates of passing the examination for Price Appraiser to successful candidates.

- Based on this Regulation, develop and publish examination room rules after approval by the Examination Board.

- Delegate authority to the Vice-Chairman of the Examination Board to manage the Examination Board's work in their absence.

2. Vice-Chairman of the Examination Council:

- Assist the Chairman of the Examination Board in managing the Examination Board's operations as assigned by the Chairman of the Examination Board.

- Manage and resolve general matters of the Examination Board when authorized by the Chairman of the Examination Board.

3. Secretary Member of the Examination Council:

- Organize the receipt of candidate application files, submit to the Examination Board for review of the list of candidates.

- Prepare necessary documents for the Examination Board and record minutes of Examination Board meetings.

- Collect disciplinary violation records of examinees who violate examination rules and submit them to the Examination Board for consideration.

- Compile examination result lists and other tasks assigned by the Chairman of the Examination Board.

4. Members of the Examination Council have the duty:

- Fulfill tasks assigned by the Chairman of the Examination Board to ensure strict implementation of Examination Board activities.

- Strictly comply with the Examination Regulations for Price Appraiser and maintain the safety and confidentiality of all materials related to the examination for Price Appraiser.

- To participate and take charge of Examination Subject Committees.

Article 13. Subject Examination Board.

1. Each subject establishes a Subject Board. The Subject Board is established by the Chairman of the Examination Board. Each Subject Board must have at least three members, including one member of the Examination Board.

2. Duties of Examination Board members:

2.1. Head of the Examination Board:

- Organize the compilation of content and programs for training and review for each subject examination session as required by the Chairman of the Examination Board.

- Organize the drafting of examination questions and answers as required by the Chairman of the Examination Board, maintaining absolute secrecy of the examination questions and answers.

- Receive examination papers transferred by the Chairman of the Examination Board for marking.

- Organize marking in accordance with the provisions of Article 16 of this Regulation.

In case the Head of the Subject Board is absent, the Chairman of the Examination Board shall decide on a replacement.

2.2. Members of the Examination Board:

Strictly and fully implement the tasks assigned by the Head of the Examination Board.

Article 14.

1. The Examination Steering Committee shall be established by the Chairman of the Examination Council for each examination session. The Examination Steering Committee shall have at least three members of the Examination Council and monitoring teams for examination areas. Each monitoring team shall consist of from 3 to 4 people, including at least one member of the Examination Council.

2. Duties of the Examination Control Board and Monitoring Teams:

2.1. The Head of the Examination Steering Committee:

- Arrange and organize monitors inside and outside the examination room at each examination venue.

- Receive and store examination papers in accordance with regulations.

- Publicize the examination papers so that candidates can see that they are still sealed. Organize the drawing of examination papers and announce them.

- Suspend monitors and report to the Chairman of the Examination Council for review and decision on replacement when monitors violate examination rules. Organize the preparation of records for candidates who violate examination rules and submit them to the Chairman of the Examination Council upon completion of the examination session.

- Organize the collection, sealing, safekeeping, and transfer of examination papers to the Chairman of the Examination Council.

2.2. Examination Room Monitor:

- Record the registration number of the examinees at their seating positions.

- Check the examination admission card of candidates when entering the examination room and guide them to sit according to their registration numbers.

- Distribute answer sheets and sign them according to regulations.

- Distribute examination papers to candidates.

- If required to answer questions from candidates, only respond collectively in front of the examination room.

- Only allow candidates to leave the examination room earliest after two-thirds of the examination time has passed (except in cases of necessary reasons).

- Remind and maintain order in the examination room.

- Collect all examination papers and submit them to the Head of the Examination Steering Committee.

- Prepare records for candidates who violate examination rules.

Article 15.

1. Reprimand shall be applied to candidates who violate any of the following offenses:

- Intentionally sitting in the wrong seat with their own registration number.

- Exchanging or discussing with other candidates.

A warning disciplinary action shall be recorded by the monitor in the examination room and announced immediately in the examination room. Candidates who receive a warning in any subject will have one-quarter of the points deducted from that subject's examination score.

2. Warning shall be applied to candidates who violate any of the following offenses:

- Already warned but continue to violate examination room rules.

- Exchanging rough notes or examination papers with each other.

A reprimand disciplinary action shall be recorded by the monitor in the examination room and announced immediately in the examination room, while confiscating exchanged materials (if any). Candidates who receive a reprimand in any subject will have half of the points deducted from that subject's examination score.

3. Suspension of examination applies to the following cases:

- Candidates found carrying examination materials or communication devices into the examination room.

- Candidates who have been reprimanded but still intentionally violate examination rules.

A suspension of examination shall be recorded by the monitor in the examination room, confiscate materials, and report to the Chairman of the Examination Council for decision and announcement immediately in the examination room. If a candidate is suspended, the examination paper will be scored zero.

4. For cases where candidates violate examination rules and are recorded in a record, the candidates must sign the record. If the candidate does not sign the record, then two monitors in the examination room shall sign the record.

Article 16.

1. Examination papers must be separated and marked with identification numbers according to each subject before being handed over to the Subject Examination Board for marking.

2. The Chairman of the Examination Council shall organize the Subject Examination Boards to mark examinations centrally, without taking papers home or to the office for marking.

3. Marking shall be conducted independently by two markers. Markers shall base their scoring solely on the content of the examination papers and the approved answers by the Chairman of the Examination Council.

4. Only valid examination papers, which are those completed on the examination paper provided by the Examination Council and signed by two monitors, shall be marked. Papers completed on different paper than the examination paper, rough notes, papers with two different types of writing, or papers with inappropriate drawings or writings shall not be marked.

5. The marking scale is a ten-point scale; partial marks up to 0.25 points may be given for minor points, but the total score shall be rounded to the nearest 0.5 point. Papers achieving a score of 5 or above are considered satisfactory. The score for a subject is calculated as follows:

- Written subjects are calculated as: [marker 1 score + marker 2 score] / 2

- Foreign language and computer science subjects are calculated as: [written test score + oral test (or practical) score] / 2, where the oral or practical test score is also calculated as: [marker 1 score + marker 2 score] / 2

Article 17.

The Examination Council shall review the examination results based on the marking results of each subject and approve the list of candidates who have passed the examination and those who have not. The examination results shall be officially announced by the Chairman of the Examination Council after approval by the Examination Council.

Article 18.

1. Within thirty days from the date of announcing the examination results, if an examinee requests a re-examination, the Examination Council shall be responsible for organizing the re-examination and informing the applicant of the result. After the specified period, requests for re-examination will not be processed.

2. Applicants requesting a re-examination must pay the re-examination fee as notified by the Examination Council.

3. The re-examination of examination results shall be conducted by the Head of the Subject Examination Board assigning two different markers, and the re-examination results must be approved by the Chairman of the Examination Council. The Chairman of the Examination Council must notify the re-examination results to the applicant after approval by the Examination Council.

Chapter III
ISSUE CERTIFICATE OF PASSING THE EXAMINATION FOR PRICE APPRAISERS AND ISSUE PRICE APPRAISER CARDS

Article 19.

1. Examination Score Certificate: Those who have not taken or not met the requirements for eight subjects shall be issued an examination score certificate by the Chairman of the Examination Council. The examination score certificate serves as the basis for applying to retake or take subjects not yet attempted. The model of the examination score certificate is stipulated in Appendix 02 attached to this regulation.

2. Those who meet the requirements set forth in Article 6 Clause 1 of this Regulation shall be issued a certificate of passing the examination for price appraisers by the Chairman of the Examination Council. The model of the certificate of passing the examination for price appraisers is stipulated in Appendix 03 of this Regulation.

Article 20.

1. Those who meet the conditions stipulated in Article 1 of this Regulation shall be issued a Price Appraiser Card by the Director of the Price Management Department, reporting to the Minister of Finance.

2. The Price Appraiser Card has legal validity for practicing as a price appraiser in accordance with the regulations on price appraisal activities.

3. The Minister of Finance shall instruct the Director of the Price Management Department to organize the issuance of price appraisal certification cards to individuals who have been decided to be granted such cards by the Minister of Finance.

4. Upon receiving the price appraisal certification card, the recipient must sign for receipt in the registry book of the Price Management Department.

5. Individuals who have been granted a price appraisal certification card but lost it or damaged it may be reissued a new card.

6. Individuals whose price appraisal certification card has expired may be reissued a new card provided they present a certificate indicating that they have attended a refresher course on price appraisal organized by universities, colleges, or legally authorized training institutions specializing in price appraisal during the period they held the card.

7. Individuals applying for a replacement or reissue of a price appraisal certification card must pay a fee as prescribed by the Minister of Finance.

Article 21. Documents required for reissuing a price appraisal certification card:

1. A request for reissuance of the card certified and recommended by the head of the working unit.

2. A statement (if lost) confirmed by the police station where the loss occurred and the head of the working unit.

3. The old, damaged card or one that has expired.

4. Two (02) recent color photographs measuring 3 x 4 cm taken within six months prior to submission of the application; two envelopes with stamps and the address of the recipient.

Article 22. Specifications of the price appraisal certification card are as follows:

1. Size: 7.0 cm x 10 cm

2.Main features: the card has two sides written in Vietnamese and English.

a) Front side:

+ Name of the State of Vietnam (black letters).

+ Issuing authority (black letters).

+ Price Appraiser Card (red letters).

+ Card number (black letters).

+ Full name, date of birth, place of origin (black letters).

+ Hanoi, day, month, year (black letters).

+ Minister of Finance (black letters).

+ Signature of the authorized person from the Ministry of Finance and stamp of the issuing authority.

+ Expiry date.

+ On the left side is a 3 x 4 cm color photograph of the appraiser with a stamp of the issuing authority.

b) Backside:

+ Content specifying the usage rules of the card as stipulated in this Decision (black letters).

c) Color:

+ Front side of the card is pink with the National Emblem and embossed text TĐGVN.

+ Back side of the card is pink with the National Emblem embossed.

(Details of the card model according to Appendix 04 attached to this Regulation).

Chapter IV
MANAGEMENT OF PRICE APPRAISER CARDS

Article 23. Authorities and organizations responsible for managing price appraiser cards.

1. The Ministry of Finance manages uniformly the Price Appraiser Cards throughout the country.

2. The Minister of Finance shall instruct the Director of the Price Management Department:

2.1. To review applications for initial issuance and reissuance of Price Appraiser Cards.

2.2. To submit to the Minister of Finance a list of individuals proposed for initial issuance and reissuance of Price Appraiser Cards.

2.3. To manage the card models, related files, and documents concerning the examination and issuance of Price Appraiser Cards.

2.4. To inspect and supervise the use of Price Appraiser Cards by those who have been issued them.

3. Price appraisal enterprises are responsible for managing the use of cards by their price appraisers and promptly reporting any violations of price appraisal laws by price appraisers to the Price Management Department of the Ministry of Finance.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Validity period of the price appraiser card:

1. The price appraiser card is valid for use for five years from the date of issuance.

2. The price appraiser cards previously issued by the Government Price Board are valid until December 31, 2005.

Article 25. Rights and responsibilities of holders of price appraiser cards.

1. Holders of price appraiser cards must comply with the regulations governing price appraisal as stipulated by law.

2. Holders of price appraiser cards may use the card to practice at price appraisal enterprises or establish a price appraisal enterprise in accordance with the law.

3. Price appraisers practicing at price appraisal enterprises or independent appraisal organizations must perform their duties as assigned by the head of the unit and bear responsibility before the head of the unit and the law for the results of their appraisals.

4. When performing tasks, appraisers must carry the card and present it when requested by an authorized person or client.

5. The price appraiser card must be carefully kept, not lost, damaged, or altered.

6. It is strictly prohibited to lend, impersonate, rent, sell, forge, alter, or misuse the price appraiser card for purposes other than its intended use.

Article 26. Revocation of price appraiser cards with or without time limit:

1. The price appraiser card will be revoked temporarily if the holder violates the Vietnamese Price Appraisal Standards, the Price Appraisal Regulations, and relevant laws but does not reach the level requiring criminal prosecution.

2. The price appraiser card will be revoked permanently if the holder violates Point 6 of Article 25 of this Regulation or commits a crime under current laws that requires criminal prosecution.