Decree No. 30/2018/NĐ-CP provides detailed regulations on the establishment and operation of the Asset Valuation Council; the procedures and processes for asset valuation in criminal proceedings.

 

 

DECREE

Detailed regulations on the establishment and operation of the Asset Valuation Council; procedures and processes for asset valuation in criminal proceedings

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Criminal Procedure Code dated November 21, 2015;

Pursuant to Resolution No. 41/2017/QH14 dated June 20, 2017 on the implementation of the Criminal Code No. 100/2015/QH13 which has been amended and supplemented by Law No. 12/2017/QH14 and on the effectiveness of the Criminal Procedure Code No. 101/2015/QH13, the Organization of Criminal Investigation Agencies Law No. 99/2015/QH13, and the Law on Temporary Detention and Custody No. 94/2015/QH13;

At the proposal of the Minister of Finance;

The Government promulgates this Decree detailing the establishment and operation of the Asset Valuation Council; procedures and processes for asset valuation in criminal proceedings.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the establishment and operation of the Asset Valuation Council; procedures and processes for asset valuation in criminal proceedings at the request of competent authorities conducting criminal proceedings when it is necessary to determine the value of assets to resolve criminal cases.

Article 2. Applicability

This Decree applies to competent authorities conducting criminal proceedings that request the establishment of the Asset Valuation Council; competent authorities establishing the Asset Valuation Council; agencies, organizations, and individuals appointed to participate in the Asset Valuation Council; other related agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Assets subject to valuation are assets for which competent authorities conducting criminal proceedings issue a written request for valuation to resolve criminal cases.

2. Methods of asset valuation are the means to determine the monetary value of assets subject to valuation.

3. Similar assets are assets of the same type, similar to the assets subject to valuation in terms of certain basic characteristics such as purpose of use, utility, legal features, and some key economic-technical features including construction principles, technical functions, and usage functions.

4. Prohibited goods are goods prohibited from trading, circulation, and use in Vietnam; goods not yet permitted for circulation and use in Vietnam according to the law.

Article 4. Principles of asset valuation

1. Consistent with the market price of the asset subject to valuation or similar assets at the time and place where the valuation is requested.

2. Truthful, objective, transparent, and timely.

Article 5. Responsibilities of agencies, organizations, and individuals regarding asset valuation activities in criminal proceedings

1. Agencies and organizations have the responsibility to appoint persons to participate in the Asset Valuation Council upon a written request from the competent authority establishing the Council and have the responsibility to create necessary conditions for the appointed individuals to participate in asset valuation. Appointments must be made in writing and within the time frame proposed by the Council-establishing authority.

2. Individuals requested by the Asset Valuation Council or appointed by agencies and organizations to participate in the Council have the responsibility to participate and carry out asset valuation in accordance with this Decree.

3. Other related agencies, organizations, and individuals have the responsibility to provide relevant documentation and information about the assets subject to valuation; create conditions for the Council to conduct price surveys and collect information related to the assets subject to valuation, serving the valuation process as stipulated in this Decree.

Chapter II

ESTABLISHMENT AND OPERATION OF THE ASSET VALUATION COUNCIL

Article 6. Establishment of Case-specific Appraisal Boards

1. Case-specific Appraisal Boards shall be established at the district, town, city under province level, provincial-level centrally governed city (hereinafter referred to collectively as district level); at the provincial level, provincial-level centrally governed city (hereinafter referred to collectively as provincial level); and at the central level.

2. The district-level Case-specific Appraisal Board shall be established by the Chairman of the People's Committee at the district level upon the proposal of the specialized agency on finance at the same level for appraising assets when requested by competent authorities conducting criminal proceedings.

3. The provincial-level Case-specific Appraisal Board shall be established by the Chairman of the People's Committee at the provincial level upon the proposal of the specialized agency on finance at the same level for appraising various types of assets when requested by competent authorities conducting criminal proceedings or re-appraising in cases as prescribed in Article 21 of this Decree.

4. The central-level Case-specific Appraisal Board shall be established by the Minister or Head of a ministerial-level agency (hereinafter referred to collectively as ministry) performing management functions in sectors or fields concerning assets that need to be appraised according to the provisions of the law for re-appraising in cases as prescribed in Articles 21 and 22 of this Decree.

In cases where the law does not specifically stipulate the agency performing management functions in sectors or fields concerning assets that need to be appraised, the Minister of Finance shall decide to establish the Asset Appraisal Board. Supplement

5. The composition, activities, rights, and obligations of the Case-specific Appraisal Board, as well as the rights and obligations of its members and Chairperson, shall be implemented according to the provisions of this Decree.

Article 7. Establishment of Regular Appraisal Boards

1. Based on the actual situation in the locality, the Chairman of the People's Committee at the district and provincial levels shall decide to establish Regular Appraisal Boards for appraising assets.

2. The district-level Regular Appraisal Board shall be established by the Chairman of the People's Committee at the district level upon the proposal of the specialized agency on finance at the same level for appraising assets when requested by competent authorities conducting criminal proceedings.

3. The provincial-level Regular Appraisal Board shall be established by the Chairman of the People's Committee at the provincial level upon the proposal of the specialized agency on finance at the same level for appraising assets when requested by competent authorities conducting criminal proceedings and re-appraising in cases as prescribed in Article 21 of this Decree.

4. The decision to establish the Regular Appraisal Board shall be sent to the competent authority conducting criminal proceedings so that this authority can issue a request for asset appraisal according to Clause 1, Article 14 of this Decree.

5. The composition, activities, rights, and obligations of the Regular Appraisal Board, as well as the rights and obligations of its members and Chairperson, shall be implemented according to the provisions of this Decree.

6. For the same asset requested for appraisal by a competent authority, if a Regular Appraisal Board has already been established to conduct the appraisal of this asset, then a Case-specific Appraisal Board shall not be established as prescribed in Article 6 of this Decree.

Article 8. Members of the Asset Valuation Council

1. The members of the Asset Valuation Council at the district level include:

a) A leader from the specialized agency at the district level in the field of finance shall be the Chairman of the Council;

b) An officer from the specialized agency at the district level in the field of finance shall be a standing member of the Council;

c) Representatives of agencies and organizations related to the assets to be valued shall be members of the Council. Based on the asset valuation requirements, the Chairman of the People's Committee at the district level decides on suitable members according to the characteristics of the assets to be valued.

2. The members of the Asset Valuation Council at the provincial level include:

a) A leader from the specialized agency at the provincial level in the field of finance shall be the Chairman of the Council;

b) A department-level leader from the specialized agency at the provincial level in the field of finance shall be a standing member of the Council;

c) Representatives of agencies and organizations related to the assets to be valued shall be members of the Council. Based on the asset valuation requirements, the Chairman of the People's Committee at the provincial level decides on suitable members according to the characteristics of the assets to be valued.

3. The members of the Central Asset Valuation Council include:

a) A leader of a ministry, equivalent ministry, or a leader of a specialized agency authorized by a ministry or equivalent ministry to perform functions in managing the sector or field concerning the assets to be valued, as prescribed by law, shall be the Chairman of the Council;

b) A leader of a specialized agency under a ministry or equivalent ministry performing functions in managing the sector or field concerning the assets to be valued, as prescribed by law, shall be a standing member of the Council;

c) Representatives of agencies and organizations related to the assets to be valued shall be members of the Council. Based on the asset valuation requirements, the Minister or Head of an equivalent ministry performing functions in managing the sector or field concerning the assets to be valued decides on suitable members according to the characteristics of the assets to be valued for each case.

4. The number of members of the Asset Valuation Council must be odd, with a minimum of three people for the Asset Valuation Council at the district level, and a minimum of five people for the Asset Valuation Council at the provincial level and at the central level. In necessary cases, the head of the competent authority establishing the Council may decide to establish an assisting team for the Council.

Article 9. Activities of the Asset Valuation Council

1. The Asset Valuation Council operates on a collective basis. The agency of the person with the authority to establish the Council or the Chairman of the Council must affix their seal on Council documents and bear responsibility for the legal status of the Council.

2. The Asset Valuation Council conducts asset valuation according to the principles, procedures, and valuation procedures stipulated in this Decree and the provisions of the Criminal Procedure Code.

3. The Asset Valuation Council ceases its activities after completing the tasks specified in the Decision establishing the Council or when there is a Decision from the person with the authority to establish the Council regarding the cessation of the Council's activities.

Article 10. Rights and Obligations of the Asset Valuation Council

1. The Asset Valuation Council has the right:

a) To request competent authorities conducting criminal proceedings to provide necessary information and documents for valuation;

b) To hire appraisal organizations to conduct economic-technical condition appraisals and quality ratio assessments of assets; to hire valuation enterprises to conduct asset valuations. Hiring of appraisal organizations and valuation enterprises shall be carried out in necessary cases decided by the Asset Valuation Council;

c) To refuse to carry out asset valuation in cases where there is insufficient time to conduct the valuation; where necessary conditions are not met to conduct the valuation; where provided documents are incomplete or lack value for valuation; where the content of the valuation request exceeds the scope of their professional knowledge;

d) To be guaranteed adequate and timely financial resources and necessary physical facilities to conduct asset valuation in accordance with the law;

đ) Other rights as prescribed by law.

2. The Asset Valuation Council has the obligation:

a) To comply with the principles, procedures, and valuation procedures stipulated in this Decree and other relevant laws;

b) To promptly notify in writing the members of the Council about the content, composition, time, and location of the asset valuation meeting;

c) To conduct asset valuation and deliver the valuation conclusion within the required timeframe; in cases requiring additional time for valuation, they must notify in writing and clearly state the reasons to the requesting authority;

d) To determine the true and objective value of the assets requested for valuation and bear responsibility for the valuation conclusion of those assets;

đ) Other obligations as prescribed by law.

Article 11. Rights and Obligations of Members of the Asset Valuation Council

1. Members of the Asset Valuation Council have the following rights:

a) To review materials related to the case concerning the asset to be valued;

b) To provide independent assessments and opinions on the nature and characteristics of the asset to be valued; on the methods and principles for valuing the asset and its value;

c) To vote to determine the value of the asset; to record their opinions in the minutes of the valuation session if they do not agree with the Council's conclusion;

d) To receive allowances as prescribed by law when participating in valuation activities;

đ) To refuse to participate in the valuation of assets if they fall under any of the cases stipulated in Article 13 of this Decree;

e) Other rights as prescribed by law.

2. Members of the Asset Valuation Council have the following obligations:

a) To keep confidential any investigative information obtained during the valuation process;

b) To attend sessions of the Asset Valuation Council when requested;

c) To comply with the principles, procedures, and formalities for valuing assets as prescribed in this Decree;

d) To be responsible for their own assessment and opinion as stipulated in points b and c of Clause 1 of this Article;

đ) Other obligations as prescribed by law.

Article 12. Rights and Obligations of the Chairman of the Asset Valuation Council

1. The Chairman of the Asset Valuation Council has the following rights:

a) To direct the general operations of the Council; to manage and assign tasks to the Council's permanent members and other members; to define tasks for the Council's assistance team (if any) according to the provisions of this Decree; to urge and inspect the implementation of assigned tasks;

b) To convene and chair valuation sessions, to instruct Council members to prepare content related to the valuation issues for discussion at the session;

c) Other rights of Council members as stipulated in Article 11 of this Decree;

2. The Chairman of the Asset Valuation Council has the following obligations:

a) To be accountable to the competent authority that established the Council regarding the Council's activities;

b) To represent the Council or authorize a Council member to explain to clarify the content of the valuation conclusion and necessary details when requested by the competent authority conducting litigation requiring valuation;

c) Other obligations of Council members as stipulated in Article 11 of this Decree;

Article 13. Cases Where Participation in Asset Valuation Is Not Permitted

Persons falling under any of the following circumstances shall not be allowed to participate in asset valuation:

1. Being simultaneously a victim or party; being a representative, relative of a victim or party, or of a suspect or defendant;

2. Having previously participated in the valuation or revaluation of the asset currently being requested for valuation;

3. Having participated as a defense counsel, witness, expert, interpreter, or translator in the case;

4. Having conducted proceedings in the case;

5. Having clear evidence showing that they lack impartiality while performing the valuation;

6. Being under disciplinary action from a warning or higher;

Chapter III

PROCEDURES AND FORMALITIES FOR ASSET VALUATION

Article 14. Acceptance of Requests for Asset Valuation

1. Documents requesting asset valuation along with relevant materials and files related to the valuation request are sent to the Asset Valuation Council regularly requested or to the competent authority establishing the Council for case-specific requests.

The content and deadline for submitting the document requesting asset valuation are carried out in accordance with the provisions of Article 215 of the Criminal Procedure Code.

2. The head of the competent authority establishing the regular or case-specific Asset Valuation Council is responsible for requesting relevant specialized agencies involved in the asset to be valued to select and appoint individuals knowledgeable about the type of asset to be valued and with professional knowledge to participate as members of the Asset Valuation Council as prescribed in this Decree.

3. The time limit for asset valuation is implemented in accordance with the provisions of Article 216 of the Criminal Procedure Code.

Article 15. Basis for asset valuation

1. The valuation of assets that are not prohibited items must be based on at least one of the following grounds:

a) Market price of the asset;

b) Price determined or decided by competent state agencies;

c) Price provided by a business with appraisal qualifications;

d) Price in documents or files accompanying the asset to be appraised (if available);

đ) Other grounds regarding the price or value of the asset to be appraised.

2. The valuation of assets that are prohibited items must be based on at least one of the following grounds in the following order of priority:

a) Purchase price collected from the informal market at the time and place where the prohibited item is requested to be appraised or in another locality;

b) Price recorded on the purchase contract or invoice or import declaration of the prohibited item (if available);

c) Price provided by a business with appraisal qualifications;

d) Market price in the region or worldwide of the prohibited item reported or provided information by authorized agencies or organizations;

đ) Listed price, price recorded on the purchase contract or invoice or import declaration of similar permitted goods for business, circulation, and use in Vietnam;

e) Market price in the region and worldwide of similar permitted goods for business, circulation, and use in these markets;

g) Other grounds helping to determine the value of the asset to be appraised provided by the competent authority conducting criminal proceedings and responsible for the accuracy and reliability of these grounds.

3. The prices from the sources of information specified in Clause 1 and Clause 2 of this Article shall be determined at the time and place where the asset is requested to be appraised. In case of collecting information about the price of the asset at a different time or in another locality, such price needs to be adjusted appropriately to the time and place where the asset is requested to be appraised.

Article 16. Surveying assets to be appraised; surveying prices; collecting information related to assets to be appraised

1. The competent authority conducting criminal proceedings issues a document requesting asset appraisal and is responsible for organizing the Appraisal Council to directly survey the asset or sample of the asset to be appraised.

2. Depending on the nature, characteristics, and actual situation of the asset to be appraised, the Appraisal Council conducts the price survey and collects information related to the asset to be appraised directly or assigns the Working Group of the Council (if available) to perform such tasks through at least one of the following methods:

a) Surveying market prices according to wholesale and retail prices of similar or comparable assets;

b) Studying prices of assets determined or decided by competent state agencies already applied in the locality;

c) Referring to prices provided by businesses with appraisal qualifications, prices in documents or files accompanying the asset to be appraised, and other sources of information about the value of the asset to be appraised.

Article 17. Methods of asset valuation

1. Based on the type of asset; information and characteristics of the asset; results of price surveys and collection of information related to the asset to be appraised; the Appraisal Council performs asset valuation according to appraisal standards, general valuation methods for goods and services, and specific valuation standards and methods prescribed in relevant specialized laws concerning the asset to be appraised.

2. For certain specific cases, asset valuation is carried out according to the provisions of Clause 1 of this Article, while also proceeding as follows:

a) Unused assets: The Appraisal Council determines the price of the asset according to the price of identical new assets or new comparable assets (if there are no identical assets);

b) Used assets: The Appraisal Council determines the price of the asset based on the actual value of the asset;

c) Assets partially destroyed or damaged; assets completely destroyed or damaged but still capable of being restored to their pre-destruction or damage condition: If the competent authority conducting criminal proceedings requests to determine the value of partial or complete destruction or damage of the asset, the Appraisal Council determines the price based on the cost of restoring the asset to its original condition before partial or complete destruction or damage;

d) Lost or missing assets; assets completely destroyed or damaged and incapable of being restored to their pre-destruction or damage condition: The Appraisal Council determines the price of the asset based on the file of the asset according to the information and documents collected about the asset to be appraised;

đ) Counterfeit assets: The Appraisal Council determines the price of the asset according to the price of genuine items or the price of comparable assets as stipulated by the Penal Code;

e) Assets not commonly traded on the market; precious metals, gems, antiques, cultural relics, or objects of religious, archaeological, architectural, or historical value: The Appraisal Council determines the price of the asset based on the results of appraisal, opinions of authorized agencies and experts in this field, or the value recorded in the documents or files of the asset.

Article 18. Valuation Session

1. The valuation session shall only be conducted when at least two-thirds of the members of the Valuation Council are present. In cases where the Valuation Council has only three members, all three must be present. The Chairman of the Valuation Council shall preside over the valuation session.

2. Each member of the Valuation Council present at the session shall express their independent opinion on the value of the asset based on the results of implementing the principles, bases, and methods of asset valuation stipulated in this Decree.

3. Prior to conducting the valuation session, absent members must submit a written document to the Chairman of the Council stating the reasons for their absence and providing their independent opinion on the value of the asset to be valued.

4. The Valuation Council shall conclude on the value of the asset according to the majority opinion of the members present at the session. If a member disagrees with the asset value decided by the Council, they have the right to reserve their opinion; such reserved opinion shall be recorded in the Minutes of the Valuation Session.

5. Investigators, Prosecutors, and Judges may attend the valuation session but must inform the Valuation Council beforehand; upon the Chairman's consent, they may provide opinions on the valuation process but do not have the right to vote on the asset value.

Article 19. Minutes of the Valuation Session

1. The Valuation Council must prepare the Minutes of the Valuation Session. The Minutes of the Valuation Session must accurately record the entire content of the valuation session.

2. The Minutes of the Valuation Session must include the following main contents:

a) Name and title of the Chairman of the Council; names of the members present at the session; names of absent members and reasons for their absence (if applicable);

b) Names of those attending the valuation session;

c) Time, location, and completion of the valuation session;

d) Results of price surveys and information collection related to the asset to be valued;

đ) Opinions of the Council members and attendees of the valuation session; written opinions of absent members;

e) Voting results of the Valuation Council on the asset value;

g) Signatures of the members present at the session;

h) Stamp of the authority that established the Council or the Chairman's office.

3. For the valuation of prohibited goods, in addition to the main contents prescribed in Clause 2 of this Article, the Minutes of the Valuation Session must include limitations on the application of valuation bases for prohibited goods; the process of conducting price surveys and collecting information related to prohibited goods; valuation methods and other restrictions (if any) when valuing prohibited goods.

4. The Minutes of the Valuation Session must be prepared in at least three copies, with two copies kept in the Valuation File and one copy sent to the competent authority initiating the request for valuation.

Article 20. Valuation Conclusion

1. The valuation conclusion is implemented in accordance with Articles 101 and 221 of the Criminal Procedure Code. Based on the voting result on the asset value to be valued as recorded in the Minutes of the Valuation Session under Article 19 of this Decree, the Valuation Council prepares the valuation conclusion in writing. The asset value is calculated in Vietnamese Dong.

The valuation conclusion must be sent to the requesting authority within twenty-four hours from the time the Valuation Council completes the valuation conclusion.

2. The valuation conclusion must include the following main contents:

a) Name of the competent authority initiating the criminal proceedings requesting the valuation;

b) Name of the requested Valuation Council; name and title of the Chairman of the Valuation Council and its members;

c) Number and date of receipt of the valuation request document;

d) Decision establishing the Valuation Council;

đ) Name of the asset to be valued;

e) Information and documents related to the asset to be valued;

g) Conclusion on the asset value;

h) Signatures of the members present at the valuation session and stamp of the authority that established the Council or the Chairman's office.

3. The valuation conclusion must be prepared in at least three copies, with two copies kept in the Valuation File and one copy sent to the competent authority initiating the request for valuation.

Article 21. Revaluation of Assets

1. Revaluation shall be conducted when there is suspicion regarding the initial valuation conclusion, provided that the competent authority conducting criminal proceedings has sufficient grounds to suspect such conclusion.

2. A second revaluation shall be carried out when there is a contradiction between the initial valuation conclusion and the first revaluation conclusion concerning the value of the asset to be valued, provided that all of the following conditions are met simultaneously:

a) The revaluation conclusion differs from the initial valuation conclusion when both the initial valuation and the revaluation comply with the principles, procedures, and valuation processes stipulated in this Decree; correct information and characteristics of the asset to be valued and the content of the valuation request are applied.

b) The competent authority conducting criminal proceedings continues to have sufficient grounds to doubt the revaluation conclusion.

3. The revaluation prescribed in Clause 1 of this Article shall be carried out by the higher-level Valuation Council:

a) The provincial Valuation Council shall revalue assets initially valued by the district Valuation Council;

b) The central Valuation Council shall revalue assets initially valued by the provincial Valuation Council.

4. The second revaluation prescribed in Clause 2 of this Article shall be carried out by the Valuation Council at the same level as the Valuation Council established to conduct the first revaluation prescribed in Clause 1 of this Article:

a) The provincial Valuation Council shall carry out the second revaluation in cases where there is a contradiction between the initial valuation conclusion of the district Valuation Council and the revaluation conclusion of the provincial Valuation Council.

b) The central Valuation Council shall carry out the second revaluation in cases where there is a contradiction between the initial valuation conclusion of the provincial Valuation Council and the revaluation conclusion of the central Valuation Council.

5. The following cases do not fall under the revaluation of assets as prescribed in this Article:

a) The Valuation Council has not properly followed the valuation procedures or has not issued a valuation conclusion for the asset to be valued; or members of the Council belong to one of the situations prohibited from participating in asset valuation.

b) There is a change in the information or characteristics of the asset to be valued, or a change in the content of the valuation request upon a written request from the competent authority conducting criminal proceedings.

c) The valuation of assets in cases prescribed in points a and b of this clause shall be conducted as if it were the initial valuation.

6. The revaluation of assets prescribed in this Article shall be carried out according to the general principles, procedures, and valuation processes stipulated in this Decree and related laws.

Article 22. Revaluation of Assets in Special Cases

1. In special cases, the Procurator General of the Supreme People's Procuracy and the President of the Supreme People's Court may decide on the revaluation of assets after the second revaluation conclusion by the Valuation Council has been made.

2. The revaluation of assets in special cases shall be carried out by the case-specific central Valuation Council as prescribed in Clause 4, Article 6 of this Decree.

3. The revaluation of assets prescribed in this Article shall be carried out according to the general principles, procedures, and valuation processes stipulated in this Decree and related laws.

Article 23. Documentation for Asset Valuation

1. The documentation for asset valuation shall be established by the Valuation Council and shall include the following documents:

a) Document requesting asset valuation;

b) Decision establishing the Valuation Council;

c) Minutes of the Valuation Council meeting;

d) Asset valuation conclusion;

đ) Documents provided by the competent authority conducting criminal proceedings (stamped with the seal of the requesting authority);

e) Other relevant documents pertaining to the asset valuation.

2. The competent authority establishing the Valuation Council shall be responsible for storing the asset valuation documentation. The asset valuation documentation shall be retained for at least thirty years from the date of completion of the valuation, except where otherwise provided by law.

Article 24. Costs for valuation and revaluation of assets

1. Costs for valuation and revaluation of assets shall be allocated in the annual budget estimate of the competent authority conducting litigation proceedings. Annually, based on the actual costs for valuation and revaluation of assets, the competent authority conducting litigation proceedings shall coordinate with the financial agency at the same level to prepare a budget estimate for payment of valuation and revaluation costs to be included in their own annual budget estimate, and submit it to the competent state agency for decision in accordance with the laws on the State budget and allocate it to the competent authority conducting litigation proceedings for implementation of payment.

2. Based on the approved budget estimate, upon the application for advance payment of funds and the application for settlement of valuation and revaluation costs submitted by the Valuation Council, the head of the competent authority conducting litigation proceedings shall be responsible for advancing funds and settling valuation and revaluation costs for the Valuation Council.

The procedures for advancing and settling valuation and revaluation costs shall be carried out in accordance with the provisions of the laws on examination and valuation costs in litigation proceedings.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Decree takes effect from May 1, 2018.

2. This Decree replaces Government Decree No. 26/2005/NĐ-CP dated March 2, 2005 on the Valuation Council in criminal proceedings, which ceases to be effective.

3. In cases where valuation proceedings are being conducted by the Valuation Councils at various levels according to the provisions of Government Decree No. 26/2005/NĐ-CP dated March 2, 2005 on the Valuation Council in criminal proceedings before this Decree takes effect, such proceedings shall continue to be implemented in accordance with the provisions of Government Decree No. 26/2005/NĐ-CP.

Article 26. Responsibility for Implementation and Organization of Execution of the Decree

1. The Minister of Finance shall be responsible for guiding and supervising the ministries, ministerial-level agencies, and provincial People's Committees in implementing the provisions of this Decree within the scope and field of management of the Ministry of Finance.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.

3. The ministries, ministerial-level agencies, and provincial People's Committees specified in Articles 6 and 7 of this Decree shall be responsible for organizing and guiding specialized agencies to establish the Valuation Council in criminal proceedings and ensuring that the provisions on asset valuation in criminal proceedings take effect from May 1, 2018.