Decision No. 38/2004/QD-BTC issues the Regulation on the organization and operation of the Appraisal Center, stipulating the legal status, scope of activities, powers, responsibilities, and organizational structure of this entity.
적용 범위
Appraisal Center
핵심 사항
- The Appraisal Center is a service unit with revenue under the Ministry of Finance (Article 1).
- The Appraisal Center has legal personality, its own seal, and is entitled to open accounts at the State Treasury and banks in accordance with the law (Article 2).
- The scope of activities of the Center includes appraising assets, goods, and projects; researching and applying science related to appraisal; providing market-price information; organizing training courses on appraisal skills (Article 3).
- The Center is responsible for the results of appraisals before the law and must compensate if it causes damage to the State, organizations, and individuals (Article 4).
- The Center has the right to enter into contracts with agencies, organizations, and individuals requiring appraisal services; request the provision of relevant materials for appraisal work; negotiate service fees with clients (Article 5).
🌐 이 문서의 사회적 영향
- Establishing a legal basis for the operations of the Appraisal Center, helping to improve the quality and effectiveness of market-price information provision.
- Helping organizations and individuals seeking appraisal services to receive more accurate advice on asset and commodity values.
- Ensuring the objectivity and truthfulness of appraisal results and legal responsibility for damages caused.
- It may impose financial burdens on organizations/individuals using appraisal services due to potentially high negotiated service fees.
- Creating conditions for the Appraisal Center to expand its operations and enhance the quality of market information.
❓ 자주 묻는 질문
What is the Appraisal Center?
The Appraisal Center is a service unit with revenue under the Ministry of Finance, having legal personality and its own seal (Articles 1 and 2).
What does the scope of activities of the Appraisal Center include?
The Center conducts appraisals of assets, goods, and projects; researches and applies science related to appraisals; provides market-price information; organizes training courses on appraisal skills (Article 3).
What are the responsibilities of the Appraisal Center?
The Center is legally responsible for the results of appraisals and must compensate if it causes damage to the State, organizations, and individuals (Article 4).
What rights does the Appraisal Center have?
The Center has the right to enter into contracts with agencies, organizations, and individuals requiring appraisal services; request the provision of relevant materials for appraisal work; negotiate service fees with clients (Article 5).
What departments does the organizational structure of the Appraisal Center consist of?
The Center consists of the Administrative Department, Accounting and Financial Department, various Business Departments, and Representative Offices/Branches (if any) (Article 6).
전문
MINISTRY OF FINANCE________________ Number: 38/2004/QĐ-BTC |
SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness __________________________ Hanoi, April 16, 2004 |
DECISION OF THE MINISTER OF FINANCE
Regarding the issuance of the Regulation on the Organization and Operation of the Valuation Center.
THE MINISTER OF FINANCE
Pursuant to the Price Law No. 40/2002/PL-UBTVQH dated April 26, 2002 of the Standing Committee of the National Assembly;
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 Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Considering the proposal of the Director of the Valuation Center and the Head of the Cadre and Civil Servant Department,
DECISION:
Article 1. This Decision promulgates the Regulation on the organization and operation of the Valuation Center.
Article 2. This Decision takes effect from the date of signature. It abolishes Decision No. 110/QĐ-BVGCP dated July 30, 2002 issued by the Chairman of the Government Price Board regarding the Charter of Activities of the Valuation Center.
Article 3. The Director of the Valuation Center, the Heads of the Cadre and Civil Servant Department, the Financial Management Department, the Office of the Ministry of Finance, and the Heads of organizations and units under the Ministry shall be responsible for implementing this Decision./.
| Place of Receipt: - As Article 3 - Party Committee, Trade Union of the Ministry - To be filed: Office, Cadre and Civil Servant Department |
THE MINISTER OF FINANCE Nguyen Sinh Nhat Tan
Nguyen Sinh Hung |
|
MINISTRY OF FINANCE______________ |
SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness |
RULES ON ORGANIZATION AND OPERATION
OF THE VALUATION CENTER
(Issued together with Decision No.: ...38.. /2004/QĐ - BTC
dated ..16.. April ...4.. 2004 of the Minister of Finance)
PART I
GENERAL PROVISIONS
Article 1. The Valuation Center (hereinafter referred to as the Center) is a service unit with revenue under the Ministry of Finance, having the function of providing valuation services, supplying market price information and consulting services, and researching and applying scientific knowledge in the field of valuation according to the provisions of the law.
Article 2. The Valuation Center has legal personality, its own seal, and is allowed to open accounts at the State Treasury and banks as prescribed by law.
International trade name: VALUATION CENTER.
Abbreviation: VALUCE
The headquarters is located in Hanoi City.
PART II
SCOPE OF OPERATIONS
RIGHTS AND RESPONSIBILITIES OF THE CENTER
Article 3. Scope of operations of the Center
1. Conducting valuations of assets, goods, and projects upon request of domestic and foreign organizations and individuals;
2. Organizing research and application of science related to valuation, market economy - prices, marketing, software for valuation and economic management;
3. Collecting, processing, and providing information and consulting services on market - prices, including: real estate, assets, goods, services, labor, enterprise value determination, securities brokerage, investment and trade;
4. Organizing training courses on valuation business knowledge and market economy - prices according to the law;
5. Participating in drafting regulatory legal documents in the field of valuation activities in Vietnam at the request of the drafting agency;
6. Engaging in relations with domestic and foreign organizations to promote valuation activities according to the law;
7. Publishing informational publications related to valuation and market economy - prices in Vietnamese and English according to the law.
Article 4. Responsibilities of the Parties Involved in the CollaborationResponsibilities:
1. Implementing the activities stipulated in this Regulation objectively, truthfully, and in accordance with the law;
2. Being liable before the law for the results of valuation; in case the valuation results are incorrect, causing damage to the State, organizations, and individuals, compensation must be provided according to the law;
3. Submitting annual financial reports and publicly disclosing financial information annually as prescribed by the state;
4. Repaying loans; paying all taxes and other dues as prescribed by the law;
5. Conducting valuations at the request of the Ministry to serve tasks assigned by the Government to the Ministry of Finance.
6. Fulfill other obligations as prescribed by law.
Article 5. Rights
The Valuation Center has the following rights:
1. Signing contracts with agencies, organizations, and individuals requiring valuation services according to the law;
2. Requesting agencies, organizations, and individuals requiring valuation to provide relevant materials and data for the valuation work;
3. Agreeing on the fee for valuation services, information, and consulting with customers;
4. Organizing or coordinating to organize seminars, disseminate knowledge, and train on valuation, market economy - prices, marketing, and business management according to the law;
5. Issuing certificates to trainees who have attended training courses on valuation business or market economy - prices organized by the Center according to the law and regulations of the Ministry of Finance;
6. Using the Center's capital, assets, and funds to meet the timely needs of the Center's activities according to the law and the Minister of Finance;
7. Raising capital from organizations and individuals according to the law to expand and improve the quality of service activities;
8. Establishing a network of cooperating partners in organizations and units across the country to serve valuation work and price-related information;
9. Building a network for information collection, processing, analysis, and storage of market price information;
10. Fulfilling other obligations as prescribed by the law;
CHAPTER III
ORGANIZATIONAL STRUCTURE
Article 6The organizational structure of the Center includes:
1. Administrative Affairs Department;
2. Accounting and Financial Department;
3. Business Departments;
4. Representative Office and Branch (if any).
The establishment of representative offices, branches, and business departments is decided by the Director of the Center according to the law.
Specific tasks, staffing, and working relationships of the departments, representative offices, and branches are determined by the Director of the Center.
, Clause 1, Clause 2 Article 7a of this Regulation.The Valuation Center has a Director and several Deputy Directors. The Director of the Center is appointed and relieved of duty by the Minister of Finance upon the recommendation of the Cadre and Civil Servant Department.
The appointment and relief of other leadership positions are carried out according to the delegation of authority by the Minister of Finance.
Article 8Duties and powers of the Director and Deputy Directors.
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The Director of the Center has the following duties and powers:
a/ Overall management and responsibility before the Minister of Finance and the law for all activities of the Center;
b/ Direct management of the cadre and staff team according to the state regulations and the cadre management delegation of the Minister of Finance. Managing and being responsible for the work assigned to cooperating partners;
c/ Managing and using the Center's financial resources and assets effectively according to the law;
d/ Issuing democratic regulations, salary payment regulations, and income distribution regulations ensuring fairness, transparency, democracy, and compliance with state regulations;
đ/ Entering into and terminating labor contracts according to the law;
e/ Implement salary increases, awards, disciplinary actions, and the transfer of officials according to the分级授权的部长财政部的级别。
2. The Deputy Director of the Center performs tasks assigned by the Center's Director and is responsible to the Director and to the law.
PART IV
FINANCE AND ASSETS
Article 9The Appraisal Center is a self-financing public service unit that ensures its own operational funding. All financial, accounting, statistical activities, fund establishment, and fund utilization of the Center shall be carried out in accordance with the financial management mechanism for revenue-generating public service units as prescribed by the State and the Minister of Finance.
CHAPTER V
REORGANIZATION AND DISSOLUTION OF THE CENTER
Article 10. The reorganization or dissolution of the Center shall be examined and decided by the Minister of Finance based on the proposal of the Center's Director or relevant departments of the Ministry.
Any supplementation or amendment to the provisions of this Regulation shall be submitted by the Director of the Appraisal Center to the Minister of Finance for examination and decision./.
The Minister of Finance |
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Nguyen Sinh Nhat Tan Nguyen Sinh Hung |
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