Circular No. 30/2020/TT-BTC guiding certain provisions of the Government's Decree No. 30/2018/NĐ-CP dated March 7, 2018 on the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings and the Government's Decree No. 97/2019/NĐ-CP dated December 23, 2019 amending and supplementing certain articles of Decree No. 30/2018/NĐ-CP.

 

CIRCULAR

Guidelines for certain provisions of Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings and Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. 30/2018/ND-CP

Pursuant toLaw on Prices dated June 20, 2013;

Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Decree No. Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Decree No. Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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

The Minister of Finance issues this Circular to guide certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings and Decree No. 97/2019/ND-CP amending and supplementing certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions of Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings (hereinafter referred to as Decree No. 30/2018/ND-CP) and Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. 30/2018/ND-CP (hereinafter referred to as Decree No. 97/2019/ND-CP) regarding classification of assets requiring valuation, provision of relevant documents related to requests for asset valuation; acceptance and implementation of requests for asset valuation; establishment of the Asset Valuation Council; rights and obligations of the Asset Valuation Council, the Working Group of the Asset Valuation Council; bases for asset valuation; preparation of asset valuation plans; price surveys and collection of information related to assets requiring valuation; requirements when applying asset valuation methods; costs for asset valuation and revaluation in criminal proceedings.

Article 2. Applicability

This Circular applies to the Asset Valuation Council; members of the Asset Valuation Council (hereinafter referred to as the Asset Valuation Council, members of the Asset Valuation Council); competent authorities conducting criminal proceedings; other agencies, organizations, and individuals related to asset valuation in criminal proceedings.

Chapter II
SPECIFIC PROVISIONS

Article 3. Classification of Assets Requiring Valuation

1. For cases involving multiple different assets, before sending the request for asset valuation to the Asset Valuation Council at the ministry level according to Clause 1, Article 1 of Decree No. 97/2019/ND-CP, the competent authority conducting criminal proceedings shall be responsible for reviewing and classifying assets to request ministries or ministerial-level agencies to establish the appropriate Asset Valuation Council in accordance with their state management functions over sectors and fields.

2. Assets that can be classified and separately valued for each group of assets are those that are independent in physical form, usage characteristics, not dependent or influenced by each other in terms of value and usage function, and do not change in value after classification.

Article 4. Provision of Documents Related to Asset Valuation Requests

1. The competent authority conducting proceedings shall provide along with the request for asset valuation documents including:

a) Documents reflecting the legal and economic-technical characteristics of the assets to be valued:

For real estate, this includes: Extracts from Detailed Planning Maps of the area (if available); 1:500 Scale Planning Maps for real estate projects that have been approved by the competent authority; Land Use Right Certificates, House Ownership Certificates, and Certificates for other assets attached to land; or one of the types of certificates proving the origin of real estate in cases where the Land Use Right Certificate, House Ownership Certificate, and Certificates for other assets attached to land have not yet been issued (such as Decisions on land allocation, land grant, land lease, change of land use purpose issued by authorized state agencies; Decisions on house and land distribution by heads of agencies and units; purchase contracts for houses sold by units with legal personality authorized to allocate land for housing sales; documents about residential land issued by the competent authorities under the previous regime), in cases where the owner of the real estate has such documents but they do not match the current user's name, additional documents must be provided such as purchase and sale deeds, inheritance, division, gift deeds for the real estate; construction permits, design drawings, year of construction, year of operation, and related documents on major repairs, renovation, and upgrading (if applicable), location diagrams and other drawings; real estate purchase, sale, and rental contracts; photographs describing the real estate; Investment Certificates; other documents reflecting the legal status of the real estate.

For materials, machinery, equipment, transportation means, and other assets, this includes: Purchase and sale contracts; purchase and sale invoices; customs declarations for imported goods; other documents reflecting the legal status, economic-technical characteristics, origin, year of production, and year of operation of the assets.

b) Documents reflecting information about the relatives of the accused, the person recommended for prosecution, the defendant, the victim, and those with rights and interests related to the assets to be valued, to serve the review of the Appraisal Committee members in accordance with Clause 1, Article 13 of Decree No. 30/2018/NĐ-CP.

c) Evidence collected (physical evidence, statements, presentations, electronic data, and other documents and objects) relevant to the valuation of the assets to be valued (if any);

d) Inspection records of the economic-technical condition and remaining quality ratio of the assets at the time of valuation (if any);

đ) Other relevant documents and files related to the request for asset valuation.

2. In cases of revaluation requests, the competent authority conducting proceedings is responsible for coordinating the provision to the Appraisal Committee of the documents and files from previous valuations, along with specific evidence proving the basis and reasons for suspecting the results of the initial valuation or revaluation.

3. The competent authority conducting proceedings is responsible for coordinating the provision of supplementary documents and files related to the valuation of assets within two working days from the date of receipt of the request from the Appraisal Committee. If it is unable to provide the documents and files within the above period, the competent authority conducting proceedings shall send a document clearly stating the reasons to the Appraisal Committee, while agreeing to adjust the valuation time accordingly.

4. All documents and files provided by the competent authority conducting proceedings to the Appraisal Committee are original copies or certified true copies stamped by the competent authority conducting proceedings.

Article 5. Acceptance and Implementation of Asset Valuation Requests

1. Upon receiving a valuation request, the agency requested to conduct the valuation shall immediately review the file and documents to clearly determine the valuation request, necessary information related to the asset subject to valuation, and the time for delivering the valuation result; based on this, it shall promptly exchange written communications with the requesting agency regarding unclear contents in the request documents and files (if necessary). In case of refusal to establish the Valuation Committee, within five working days from the date of receipt of the valuation request document, the agency receiving the valuation request must notify in writing, specifying the reasons for refusal to the competent authority conducting proceedings.

For immovable property or real estate projects subject to valuation, the agency requested to conduct the valuation must review and discuss with the requesting agency to clarify the valuation points tied to land use planning, urban design (if applicable).

2. The acceptance period for valuation requests starts from the moment the agency requested to conduct the valuation receives the valuation request document accompanied by complete files and documents as stipulated in Article 4 of this Circular.

In case of incomplete files, within three working days from the date of receipt of the valuation request document, the agency requested to conduct the valuation must issue a document requesting the competent authority conducting proceedings to supplement the necessary files and documents. In this case, the acceptance period for valuation requests starts from the moment the agency requested to conduct the valuation receives the supplementary files and documents.

Article 6. Establishment of the Asset Valuation Committee

1. The establishment of the Valuation Committee must be timely, without affecting the progress of asset valuation according to the request. Relevant agencies and units required to send representatives to join the committee must promptly issue a document appointing representatives to join the Valuation Committee upon the request of the main agency establishing the Valuation Committee, ensuring the progress and deadlines specified in the appointment document, and bearing responsibility if delays affect the overall progress of the Valuation Committee's work.

2. For the establishment of the Valuation Committee with members representing ministries and ministerial-level agencies as stipulated in Clause 2, Article 1 of Decree No. 97/2019/NĐ-CP, the main ministry or ministerial-level agency establishing the Valuation Committee shall send a document requesting the appointment of representatives to relevant ministries and ministerial-level agencies, specifying the deadline for appointments. If the deadline for requesting the appointment of representatives as stated in the document has expired without receiving the appointment document from the relevant ministries and ministerial-level agencies, the main ministry or ministerial-level agency establishing the Valuation Committee may issue a decision within its authority or submit a proposal to the Prime Minister to issue a decision establishing the Valuation Committee, which shall specify the names of the relevant ministries and ministerial-level agencies and the specific individual representatives according to their appointment documents; the relevant ministries and ministerial-level agencies shall fulfill the appointment of representatives as members of the Valuation Committee upon receiving the decision establishing the Valuation Committee to ensure that it does not affect the progress of asset valuation according to the request. The appointment document of the relevant ministries and ministerial-level agencies shall be considered part of the Decision establishing the Valuation Committee.

3. Based on the situation of accepting valuation requests at the local level, the Chairman of the People's Committee of the district or provincial level shall establish a regular Valuation Committee to accept valuation requests smoothly when they arise, simplifying the process of establishing the Valuation Committee. The establishment of regular Valuation Committees at the district and provincial levels shall be carried out according to the following procedures:

a. The specialized agency at the same level shall submit a decision to establish a regular Valuation Committee to the Chairman of the People's Committee of the district or provincial level; the composition of the Valuation Committee is as prescribed in Article 7 and Clause 1, Clause 2 of Article 8 of Decree No. 30/2018/NĐ-CP.

b. Based on actual conditions and organizational structure of specialized agencies at the local level, the Chairman of the People's Committee of the district or provincial level shall establish a regular Valuation Committee consisting of the Chairperson of the Valuation Committee, permanent members of the Valuation Committee being specific personnel, and other members whose names are specifically designated (if any) or according to the principle of the number and composition of related specialized agencies; simultaneously, authorizing the Chairperson of the Valuation Committee to decide in writing the specific list of remaining members of the Valuation Committee suitable for each specific case.

The authorization must be stipulated in the Decision to establish the regular Valuation Committee. The Chairperson of the Valuation Committee must perform duties and responsibilities as prescribed and bear responsibility before the Chairman of the People's Committee for the specific list of members of the Valuation Committee in each specific case.

c. During the valuation process, the Chairperson of the Valuation Committee must promptly submit to the People's Committee for a decision to adjust or supplement members of the Valuation Committee when there are changes in personnel (retirement according to regulations, job rotation...) to ensure continuous operation of the Valuation Committee.

4. The selection of member lists for each specific case must be appropriate to the requirements of asset valuation and not fall under the cases prohibited from participating in asset valuation as stipulated in Article 13 of Decree No. 30/2018/NĐ-CP.

Article 7. Rights and Obligations of the Appraisal Council and the Supporting Team of the Appraisal Council

1. The Chairman of the Appraisal Council and members of the Council have rights and obligations as prescribed in Articles 11 and 12 of Decree No. 30/2018/NĐ-CP.

2. Based on the nature of the asset appraisal case, the Chairman of the Appraisal Council decides the number of times to organize asset appraisal sessions and assigns tasks to members of the Appraisal Council and the Supporting Team of the Appraisal Council (hereinafter referred to as the Supporting Team, if any) to prepare explanatory reports and professional clarifications for the Appraisal Council's session and other tasks of the Appraisal Council.

3. Rights and obligations of the Supporting Team of the Appraisal Council:

a) To build explanatory reports and professional clarifications serving the Appraisal Council's session and other related tasks of the Appraisal Council according to the assigned tasks.

b) To develop the program and content for organizing the session according to the assignment of the Chairman of the Appraisal Council. To perform office work, material conditions, and office supplies serving the Appraisal Council's session and other tasks serving the session.

c) The Head of the Supporting Team is responsible before the head of the competent authority that established the Appraisal Council and the Appraisal Council; to assign tasks to members of the Supporting Team; to generally manage the activities of the Supporting Team.

d) Members of the Supporting Team shall perform tasks assigned by the Head of the Supporting Team and be responsible before the Head of the Supporting Team.

Article 8. Basis for Asset Appraisal

1. Asset appraisal must be based on at least one of the asset appraisal bases prescribed in Article 15 of Decree No. 30/2018/NĐ-CP.

For the asset appraisal basis prescribed in Clause 1, Article 15 of Decree No. 30/2018/NĐ-CP, in cases where there are two or more bases, the Appraisal Council shall determine the priority order of the asset appraisal bases according to the characteristics and features of the assets to be appraised and the information collected related to the assets.

2. The asset appraisal basis prescribed in Clause 1, Article 15 of Decree No. 30/2018/NĐ-CP is determined as follows:

a) The market price of the asset is the common transaction price on the market of the type of asset to be appraised or similar assets to the asset to be appraised at the time and location required for appraisal.

Common transactions on the market are legal and public buying and selling activities of assets on the market. An asset is considered to have common transactions when there are at least three similar assets with transactions of buying and selling on the market. The level of common transaction prices collected includes actual purchase and sale prices of successful transactions; listed prices of organizations and individuals producing and trading goods and services; bidding prices, asking prices; declared prices; winning bid prices; prices recorded on invoices, purchase and sale contracts of goods and services...

b) Prices set by competent state agencies are the prices stipulated or decided by competent state agencies that are currently effective at the time of requested appraisal. In cases where state agencies stipulate maximum prices, minimum prices, or price ranges, specific prices are applied as determined by the organization or business entity at the time of requested appraisal.

c) Prices provided by valuation enterprises are prices determined based on the results of the valuation certificate and the report on the valuation results issued by the valuation enterprise that remains valid for the appraised asset.

d) Prices in legitimate documents and files about the type of asset provided by competent authorities or the requesting appraisal agency.

đ) Other bases regarding the price or value of the asset to be appraised are information and documents helping to determine the price of the asset, such as the best possible usage degree that can bring the highest value and efficiency of the asset; supply and demand relationships for the asset; opinions on the value of the asset from competent state agencies or organizations and individuals knowledgeable about the asset; statements and documents of parties related to the asset; prices of similar assets in other cases previously appraised by the Appraisal Council; prices of similar assets collected from official websites of agencies and organizations in the region and worldwide when the Appraisal Council expands price collection in the region and globally.

3. The basis for appraising prohibited items is implemented according to the provisions of Clause 2, Article 15 of Decree No. 30/2018/NĐ-CP.

a) Regarding the determination of prices provided by valuation enterprises as prescribed in point c, Clause 2, Article 15 of Decree No. 30/2018/NĐ-CP: it is carried out according to the provisions of point c, Clause 2 of this Article.

b) Regarding the determination of market prices in the region or worldwide for prohibited items as prescribed in point d, Clause 2, Article 15 of Decree No. 30/2018/NĐ-CP: these are prices announced or provided by agencies and organizations authorized to operate under the laws of the host country and officially published on their official websites according to the laws of the host country.

4. Price levels from information sources prescribed in Clauses 2 and 3 of this Article are prioritized to be determined at the time and location of the asset to be appraised according to the request of the competent authority conducting litigation proceedings.

a) In cases where prices of the asset to be appraised or similar assets cannot be collected at the time of requested appraisal, they shall be applied at a time close to the requested appraisal time but not exceeding 02 years (24 months) from the requested appraisal time. The competent authority conducting litigation proceedings is responsible for clearly recording the appraisal request time in the appraisal request document.

b) In cases where at the requested valuation location, it is not possible to collect prices for the assets to be valued or similar assets, the scope of information collection about prices shall be expanded according to the principle of collecting at locations from near to far and with market characteristics similar to the requested valuation location. If it is not possible to collect prices for the assets to be valued or similar assets within the territory of Vietnam, the price collection shall be expanded to the region and world on the official electronic information pages of organizations and businesses operating in the region and worldwide.

c) When collecting prices in the cases prescribed in points a and b Clause 4 Article of this Decree, those prices need to be adjusted to the time and location required for valuation based on the asset valuation method decided by the Valuation Council to implement as stipulated in Article 11 of this Circular.

Article 9. Preparation of Valuation Plan

1. Prior to conducting asset valuation, the Valuation Council prepares a valuation plan for the asset including the following basic contents:

a) Determining the content of the asset valuation request.

b) Determining policies, legal documents, and valuation methods applicable to the asset valuation.

c) Determining necessary data and information for asset valuation, identifying existing documents, missing documents that require supplementation from investigative authorities, and documents needed to be surveyed and collected to serve asset valuation.

d) Determining the necessary timeframe for asset valuation, determining the sequence of tasks to be carried out to serve asset valuation and progress schedule.

đ) Preparing specific task assignments for members of the Valuation Council and the Assistance Team (if any).

e) Determining the content of work that needs to be contracted out to appraisal enterprises, hiring organizations or individuals with experience in consulting on economic and technical appraisals and related matters to serve asset valuation (if necessary).

g) Preparing a budget estimate for asset valuation costs as prescribed.

h) Preparing a program and plan to organize meetings of the Valuation Council and other relevant matters (if any).

2. The Chairman of the Valuation Council approves the asset valuation plan. During implementation, the Chairman of the Valuation Council approves adjustments to the plan as appropriate to practical developments (if necessary).

Article 10. Price Survey and Collection of Information Related to Assets to Be Valued

1. The price survey, actual condition survey, and collection of information related to assets to be valued shall be conducted in accordance with the provisions of Clause 2 Article 16 of Decree No. 30/2018/ND-CP and Clause 4 Article 8 of this Circular.

2. In cases where market price surveys are conducted based on wholesale or retail prices of assets to be valued or similar assets as prescribed in point a Clause 2 Article 16 of Decree No. 30/2018/ND-CP, they shall be carried out as follows:

a) Depending on the characteristics and circulation conditions of each type of asset on the market, the Valuation Council or the Assistance Team (if any) conducts direct price surveys on the market; on electronic information pages provided by agencies, organizations, and enterprises engaged in production and business activities of the goods being valued through the Internet as prescribed by law.

For prohibited goods, when the Valuation Council selects the form of conducting price surveys on informal markets (if any), the Valuation Council conducts surveys at the location where the prohibited goods are to be valued or at another location where transactions of prohibited goods take place. In cases where information is gathered from regional and global electronic information pages, the price of prohibited goods shall be determined as prescribed in point b Clause 3 Article 8 of this Circular.

b) The collection of prices is carried out using a Price Survey Form. The Price Survey Form is prepared by a member of the Valuation Council or assigned to a member of the Assistance Team (if any) and must include the following main contents:

- Name of the asset being surveyed, basic economic-technical characteristics of the asset being surveyed;

- Type of asset: General merchandise; prohibited goods; ...

- Location of the survey (commune/district/province); survey subjects;

- Time and method of conducting the survey (direct survey/internet survey, phone calls, etc.);

- Survey results: surveyed prices (wholesale price, retail price, etc.), delivery conditions, promotions, discounts (if any); pricing unit (VND/kg, VND/unit, etc.); type of price (bid price, asking price, listed price, contract price, invoice price, etc.);

- Name and signature of the surveyor;

- Limitations, difficulties, and issues (if any).

c) The collected prices may be wholesale prices or retail prices or both wholesale and retail prices of the assets to be valued or similar assets.

d) The survey is conducted as follows:

d1) Developing the survey content:

- Identifying the legal characteristics, major economic-technical characteristics of the assets to be valued; determining the condition of the assets to be valued (unused; used; partially destroyed or damaged; totally destroyed or damaged but still capable of being restored to its pre-damage state; lost or missing; totally destroyed or damaged and incapable of being restored to its pre-damage state; counterfeit goods; not commonly traded on the market); asset characteristics such as precious metals, gemstones, antiques, cultural, religious, archaeological, architectural, historical items...; prohibited goods...

In cases where the assets are destroyed, damaged, lost, or missing, the Valuation Council may request the competent investigative authority to confirm the initial condition of the assets before destruction, damage, loss, or disappearance and the components of the assets before proceeding with the valuation.

For prohibited goods, the Valuation Council requests the competent investigative authority to coordinate and unify the determination of the survey location and subjects, and the collection of information on market prices of the assets from informal markets.

- Determine the location where the asset to be appraised is situated: district administrative unit and provincial administrative unit; select survey partners (individuals, production and business organizations; experts with knowledge and understanding of the assets to be appraised; dealers, stores, shopping centers...);

- Determine the time point for the asset to be appraised and the time point for conducting price surveys;

- Determine the method of price survey: directly on the formal or informal market; on electronic information pages via the Internet...

d2) Conduct price surveys, collect price levels of the asset:

- Conduct price surveys according to the determined contents. For prohibited goods, if necessary, the Appraisal Council may request the competent authority to appoint a representative to conduct the price survey together.

- The price surveys and collection of price levels must be conducted with at least three survey forms for each asset to be appraised according to the determined contents. In cases where fewer than three survey forms can be collected, the report on the survey results must clearly state the difficulties and obstacles encountered during the price survey process; the impact of these difficulties and obstacles on the appraisal of the asset and the appraisal result (if any).

- For the collection of past information, especially transaction information of comparable assets, current status information of the asset to be appraised, and asset files over the years, must be reviewed and clarified accurately to facilitate the asset appraisal activities.

- The collection of price levels must comply with the provisions of Clause 4, Article 8 of this Circular.

d3) Based on the collected information, compile the collected data into a report to submit to the Appraisal Council.

3. The results of the price surveys and the collection of information related to the asset to be appraised shall be used by the Appraisal Council to determine the asset valuation method as prescribed in Article 17 of Decree No. 30/2018/NĐ-CP.

Article 11. Requirements when applying the valuation method

1. Assets that have not been used shall be determined based on the price of identical new assets or similar new assets adjusted to fit the current condition of the asset to be appraised at the time of appraisal.

2. In cases where two or more valuation methods are used, the Appraisal Council needs to evaluate, analyze, calculate, or choose to reach a final conclusion about the price of the asset to be appraised.

Article 12. Valuation Costs, Revaluation Costs of Assets

1. Valuation costs, revaluation costs of assets; procedures for advance payment and settlement of valuation costs, revaluation costs of assets shall be carried out in accordance with the provisions of laws on examination and valuation costs in proceedings; Decree No. 30/2018/NĐ-CP, Decree No. 97/2019/NĐ-CP, this Circular, and other current legal regulations.

2. Hiring organizations for examination, enterprises for valuation shall be carried out in accordance with the current legal regulations.

3. The Appraisal Council is responsible for preparing the budget for the activities of the Appraisal Council's asset valuation according to the approved plan as stipulated in Article 9 of this Circular.

In certain specific cases as provided for in Clause 8, Article 1 of Decree No. 97/2019/NĐ-CP, the expenditure level for some regular activities of the Appraisal Council shall be implemented in accordance with the following current legal regulations:

a) Travel expenses shall be implemented in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017, of the Ministry of Finance on travel expenses and conference expense regulations.

b) Price survey and collection of information related to the asset to be appraised shall be implemented in accordance with Clause c, Clause 5, Article 3 of Circular No. 109/2016/TT-BTC dated June 30, 2016, of the Ministry of Finance on the preparation, management, use, and settlement of funds for statistical surveys and national comprehensive statistical surveys.

c) Expenses for explanatory reports and technical explanations serving the asset valuation work of the Appraisal Council shall be implemented in accordance with Clause 3, Article 4 of Circular No. 338/2016/TT-BTC dated December 28, 2016, of the Ministry of Finance on the preparation, management, use, and settlement of state budget funds to ensure the work of drafting legal regulations and perfecting the legal system (hereinafter referred to as Circular No. 338/2016/TT-BTC), the expenditure level being VND 800,000 per report.

d) Expenses for convening the Appraisal Council shall be implemented in accordance with Clause 6, Article 4 of Circular No. 338/2016/TT-BTC.

e) Expenses for office supplies and printing materials serving the asset valuation work shall be implemented in accordance with current legal regulations on regular expenditures.

g) Expenses for using services, consumable materials, and other related expenses directly serving the valuation work in line with the nature and content of each case in specific fields shall be implemented in accordance with Decree No. 81/2014/NĐ-CP dated August 14, 2014, of the Government detailing some provisions of the Law on Examination and Valuation Costs; costs for witnesses and interpreters in proceedings.

h) Advance payment and settlement procedures shall be carried out in accordance with internal expenditure regulations (if any) of the agency establishing the Appraisal Council, the agency submitting to the Prime Minister for establishment of the Appraisal Council, and current legal regulations.

i) For those expenses for asset valuation activities that have been supported by the agency establishing the Appraisal Council, the agency submitting to the Prime Minister for establishment of the Appraisal Council, such expenses shall not be settled from the competent authority conducting proceedings.

4. In cases where the Appraisal Council is implementing asset valuation activities but must stop according to the decision or directive of the competent authority or cannot conclude the asset value, it must refuse to carry out the valuation as prescribed in Point c, Clause 1, Article 10 of Decree No. 30/2018/NĐ-CP; the Appraisal Council is permitted to settle and finalize the corresponding portion of the budget already spent based on the content and expenditure levels specified in the Law on Examination and Valuation Costs, costs for witnesses and interpreters in proceedings, Decree No. 81/2014/NĐ-CP, and this Circular, based on legitimate expenditure vouchers as stipulated by law.

Chapter III
IMPLEMENTING PROVISIONS

Article 13. Effectiveness and Implementation Organization

1. This Circular shall take effect from June 1, 2020. It replaces Circular No. 43/2018/TT-BTC dated June 25, 2018, issued by the Minister of Finance guiding certain provisions of Decree No. 30/2018/NĐ-CP dated March 7, 2018, of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings.

2. In cases where asset valuation matters are being conducted by asset valuation councils at various levels according to Article 3 of Decree No. 97/2019/NĐ-CP dated December 23, 2019, they shall continue to be implemented according to Circular No. 43/2018/TT-BTC until this Circular takes effect.

3. In cases where regulatory legal documents referred to for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to those new documents.

4. During implementation, if there are difficulties or obstacles, relevant agencies and units shall promptly report to the Ministry of Finance for research and appropriate amendments and supplements.

 

 

ANNEX NO. 01

MODEL DECISION ON THE ESTABLISHMENT OF THE ASSET VALUATION COUNCIL
(Annexed to Circular No. 30/2020/TT-BTC dated April 17, 2020, of the Ministry of Finance)

 

Pursuant to …;

REGARDING THE ESTABLISHMENT OF THE ASSET VALUATION COUNCIL

HEAD OF THE ESTABLISHING AUTHORITY

On the basis of Criminal Procedure Code dated November 27, 2015;

Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Decree No. Decision No. 97/2019/NĐ-CP dated December 23, 2019 of the Government amending and supplementing some articles of Decree No. 30/2018/NĐ-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Based on Circular No. 30/2020/TT-BTC dated April 17, 2020 guiding certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings and Decree No. Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. 30/2018/NĐ-CP;

Based on the asset valuation request document of …at Circular No…dated…regarding the valuation of assets…;

DECIDES:

At the request of …,

DECISION:

Article 1. Establish the Asset Valuation Council in criminal proceedings…comprising the following gentlemen/ladies:

1. Mr./Ms …, Current Position - Chairman of the Council;

2. Mr./Ms …, Current Position - Standing Member of the Council;

3. Mr./Ms …, Current Position - Member of the Council;

................................

Article 2. The Asset Valuation Council specified in Article 1 shall undertake the task of appraising asset values in accordance with the law and may use the seal of …¹…to implement tasks as prescribed.

Relevant agencies and organizations shall create conditions for the Asset Valuation Council specified in Article 1 to conduct asset valuations in accordance with the law.

Article 3. The Asset Valuation Council specified in Article 1 shall cease operations upon completion of the tasks stipulated in this Decision; rights and obligations of the Council and its members shall be carried out in accordance with Decree No. 30/2018/NĐ-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings; Decree No. 97/2019/NĐ-CP dated December 23, 2019 of the Government amending and supplementing some articles of Decree No. 30/2018/NĐ-CP and other related laws.

Article 4. This Decision shall take effect from the date of signature…²…and the gentlemen/ladies named in Article 1 shall be responsible for implementing this Decision./.

 

____________________

¹ Name of the authority having the power to establish the Council or the Chairman of the Council

² Related Units

 

APPENDIX NO. 02

MODEL MINUTES OF MEETING OF THE ASSET VALUATION COUNCIL
(Annexed to Circular No. 30/2020/TT-BTC dated April 17, 2020, of the Ministry of Finance)

 

Film Script Review Council (novel/documentary, scientific/cartoon)

……………………………………………

On the basis of Criminal Procedure Code dated November 27, 2015;

Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Decree No. Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings;

Based on Circular No. 30/2020/TT-BTC dated April 17, 2020 guiding certain provisions of Decree No. Decree No. 30/2018/ND-CP dated March 7, 2018 of the Government detailing the establishment and operation of the Asset Valuation Council; procedures and formalities for asset valuation in criminal proceedings and Decree No. Decree No. 97/2019/ND-CP dated December 23, 2019 of the Government amending and supplementing certain provisions of Decree No. 30/2018/NĐ-CP;

Based on …No. …dated…of…specifying functions, duties, authorities, and organizational structure of…;

Based on Decision No. …/QĐ-…dated…… regarding the establishment of the Asset Valuation Council;

DECIDES:

According to the request for valuation document No. …dated…of…;

The Asset Valuation Council …(hereinafter referred to as the Council) has convened a meeting to discuss…, specifically: …

- Total number of members as per Decision No. .../QĐ-... establishing the Film Script Review Council using state budget funds: ... people

1. Members of the Asset Valuation Council present include the following:

2. Members absent from the meeting:

3. Also attending the meeting were members of the Council's assisting team - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land)..

1. The Chairperson introduces the working principles and activities of the Council;

Mr./Ms…- Chairman of the Council chaired the valuation meeting.

1. Report on the results of asset valuation by the Asset Valuation Council

…………………………………………………………………………………………………………………

2. Opinions of the Asset Valuation Council members

…………………………………………………………………………………………………………………

III. RESULTS OF THE ASSET VALUATION COUNCIL'S VOTE

1. Results of asset valuation

... % of Council members (.../...) voted to approve the asset value as follows:

2. Other opinions of the Asset Valuation Council members (if any)

………………………………………………………………………………………………………..

These minutes have been approved by all members of the Asset Valuation Council at … o'clock … on …/……/…… at …(address: …) and are made in ……… copies (one copy sent to the requesting unit and two copies retained by the Council...) with equal legal force./.

 

 

ANNEX NO. 03

MODEL REPORT AND EXPLANATION ON DETERMINING THE VALUE OF ASSESSED ASSETS
(Annexed to Circular No. 30/2020/TT-BTC dated April 17, 2020, of the Ministry of Finance)

 

REPORT AND EXPLANATION

ON THE DETERMINATION OF THE VALUE OF ASSESSED ASSETS

Based on the Decision establishing the Asset Valuation Council No. …dated …of…;

Based on the asset valuation request document at Circular No. …dated …of…regarding the valuation of assets…;

Based on the files and documents related to the asset valuation request provided by the requesting agency;

Based on the survey results and information collection related to the assets to be valued conducted by the Asset Valuation Council;

Based on the Appraisal Result Report No. …dated…… and Appraisal Certificate No. …dated…of the Appraisal Company…provided - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).;

DECIDES:

On the basis of relevant legal provisions, the Asset Valuation Council reports on the determination of the value of the assets to be valued as follows:

1. General information about the assets to be valued

- Name of the asset to be valued: …

- Valuation date: …

- Basis for value: …

- Characteristics of the asset to be valued at the valuation date:

+ Legal status: …

+ Location of the asset: …

+ Description of current status: …

2. Determining the value of the asset to be appraised

- Legal basis for appraising the asset;

- Market information on the asset to be appraised;

- Method for determining the asset's value;

- Other contents related to the appraisal of the asset (if any)

(In the case of hiring organizations or individuals to conduct an asset valuation review, the Appraisal Board shall evaluate the following contents: The form of the report on the results of the valuation review by the consulting unit, legal basis, appraisal procedures, valuation methods, and the valuation results proposed by the consulting unit.)

2. Results of the asset appraisal:

……………………………………………………………………………………..

3. Attached documents: Documents and information related to the asset appraisal.

This report is prepared in … copies (02 copies retained in the Asset Appraisal File of the Appraisal Board, 01 copy sent to the requesting agency,...).

 

____________________

³ Reporter members are assigned by the Chairman of the Board. In cases where more than one person is assigned to prepare the report, all participating reporters must sign.

 

ANNEX NO. 04

SAMPLE OF ASSET APPRAISAL CONCLUSION
(Annexed to Circular No. 30/2020/TT-BTC dated April 17, 2020, of the Ministry of Finance)

 

ASSET APPRAISAL CONCLUSION

Respectfully submitted to: ...

Pursuant to the request/proposal of…in Circular No.…dated…regarding the asset appraisal …,

Based on Decision No…dated…establishing the Asset Appraisal Board;

Based on the minutes of the meeting of the Asset Appraisal Board No…dated…;

Other bases - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

The Asset Appraisal Board …has issued a response regarding the appraisal result of the asset …as follows:

1. The investigative body requesting the asset appraisal: ………………..

Date of receiving the asset appraisal request: …

2. The requested Asset Appraisal Board: …; including: Names and positions of the Chairman of the Asset Appraisal Board and its members;

3. Asset to be appraised:

a. Name of the asset to be appraised: …

b. Information and documents related to the asset to be appraised:

- Minutes of the asset appraisal meeting of the Asset Appraisal Board No…dated…related to the asset appraisal request No…dated…of the agency …

- Report No…dated…explaining and detailing the determination of the asset's value

- Certification letter and report on the results of the valuation review by the consulting unit for the asset to be appraised - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land)..

- Other relevant information and documents - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land)..

4. Conclusion on the value of the asset

This conclusion is prepared in …copies (02 copies retained in the Asset Appraisal File of the Appraisal Board, 01 copy sent to the requesting agency,...).

The Asset Appraisal Board…responds…in accordance with the current laws.

…/…members of the Asset Appraisal Board agree to sign below./.

 

 

BOARD MEMBERS
(Signature, Name)