b) If the application shows that the valuer card holder has not yet met full requirements for registering valuation practice according to regulations in clause 1 Article 45 of the Law on Prices, the Ministry of Finance shall notify the enterprise of reason for ineligibility to register valuation practice in writing or via the online public service system (if any).

5. Before the last working day of a month, if the valuer card holder meets full requirements for registering valuation practice according to regulations in clause 1 Article 45 of the Law on Prices and the valuation enterprise sends his/her application for valuation practice to the Ministry of Finance before 15^th of the month, the valuer card holder shall be recognized as a valuer by the Ministry of Finance and included in the monthly adjusted list of valuers according to Form No.04 in the Appendix enclosed with this Decree.

6. In case of fluctuations in valuers since such valuers no longer meet requirements for registering valuation practice or practice registration locations are changed, the valuation enterprise shall promptly notify the Ministry of Finance within 05 working days from the date of such fluctuations in order to update information in the monthly adjusted list of valuers.

Section 2. ISSUANCE OR RE-ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF VALUATION SERVICES

Article 5. Application for issuance or re-issuance of certificate of eligibility for provision of valuation services

1. An application for issuance of a certificate of eligibility for provision of valuation services includes:

a) An application form for issuance or re-issuance of the certificate of eligibility for provision of valuation services according to Form No. 05 in the Appendix enclosed with this Decree;

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c) Applications for valuation practice specified in Article 3 of this Decree prepared by at least 05 valuer card holders who register valuation practice at the enterprise; if the enterprise (applicant) has branches, each branch shall have additional applications for valuation practice prepared by at least 03 valuer card holders;

d) A list of capital contributors or shareholders that are valuer card holders registering valuation practice at the enterprise or organizations, certified by the enterprise or a valid electronic copy of this list in case where information on the list of capital contributors or shareholders at the enterprise registration certificate is not available;

dd) Legally certified copies or electronic copies of letters of appointment of authorized representatives contributors or shareholders that are organizations according to regulations of the Law on Enterprises.

2. An application for re-issuance of a certificate of eligibility for provision of valuation services includes:

a) Documents specified in points a, b and d clause 1 of this Article.  In case the previously issued certificate of eligibility for provision of valuation services is lost or damaged, the documents specified in points b and d clause 1 of this Article are not required;

b) An original copy of the previously issued certificate of eligibility for provision of valuation services in case where the information on enterprise in the certificate is changed or the certificate is damaged; a written declaration of reasons why the certificate is lost and commitment to take responsibility for the accuracy of the declared information or a valid electronic copy of the written declaration in case where the certificate is lost;

c) Legally certified copies or electronic copies of documents proving change in the information on enterprise in the issued certificate in case where the information on enterprise in the previously issued certificate is changed;

d) Applications for valuation practice according to Article 3 of this Decree prepared by valuer card holders related to re-issuance of the certificate of eligibility for provision of valuation services (if any).

Article 6. Procedures for issuance or re-issuance of certificate of eligibility for provision of valuation services

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a) Prepare a sufficient, accurate and valid application according to Article 5 of this Decree and send such application to the Ministry of Finance by post, in person or via the online public service system (if any).  In case of re-issuance of the certificate of eligibility for provision of valuation services, the valuation enterprise shall send the application for re-issuance to the Ministry of Finance within 10 days from the date on which the issued certificate is lost or damaged or the information in such certificate is changed;

b) Pay fee for processing of the application for issuance of the certificate of eligibility for provision of valuation services according to regulations of the law on fees and charges when submitting the application for issuance or re-issuance of the certificate. The fee must not be refunded.

2. Within 15 days from the date on which the application is received according to clause 1 of this Article:

a) If the application is insufficient or its contents are inaccurate, the Ministry of Finance shall request the enterprise to modify and complete the application in writing or through the online public service system. The enterprise shall be responsible for modifying and completing the application and sending it to the Ministry of Finance within 10 days from the date on which the Ministry of Finance requests the enterprise to modify and complete the application.  The modified application shall be sent by one of the methods specified in point a clause 1 of this Article. After the deadline, if the enterprise fails to modify and complete the application, the Ministry of Finance shall notify the enterprise of refusal to issue or re-issue the certificate in writing or via the online public service system;

b) If the application shows that the enterprise is not eligible for issuance or re-issuance of the certificate of eligibility for provision of valuation services, the Ministry of Finance shall notify the enterprise of reasons for refusal to issue or re-issue the certificate in writing or via the online public service system;

c) If the application shows that the enterprise is eligible for issuance or re-issuance of the certificate of eligibility for provision of valuation services, the Ministry of Finance shall issue or re-issue the certificate according to Form No. 06 in the Appendix enclosed with this Decree.

3. If the valuation enterprise applies for re-issuance of the certificate of eligibility for provision of valuation services since the previously issued certificate is lost or damaged, within 05 working days from the date of receipt of the application specified in clause 1 of this Article, the Ministry of Finance shall re-issue the certificate of eligibility for provision of valuation services according to Form No. 06 in the Appendix enclosed with this Decree.

Section 3. SUSPENSION OF PROVISION OF VALUATION SERVICES AND REVOCATION OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF VALUATION SERVICES

Article 7. Suspension of provision of valuation services

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2. The Ministry of Finance shall issue a decision on suspension of provision of valuation services according to Form No. 07 in the Appendix enclosed with this Decree, except for cases of suspension of operations according to laws on enterprises and handling of administrative and criminal violations.  Within 03 working days from the date on which some operations, including provision of valuation services or all operations are suspended according to laws on enterprises and handling of administrative and criminal violations, the valuation enterprise shall send a report to the Ministry of Finance.

3. In case of suspension according to point a clause 1 Article 54 of the Law on Prices: 

a) The date of suspension of the valuation enterprise shall be the ending date of the 3-month period overwhich it fails to meet one of the requirements specified in clause 1 Article 49 of the Law on Prices.  The suspension period is 60 days.

Within 60 days from the date of suspension, the enterprise shall implement remedial measures in order to meet all requirements specified in clause 1 Article 49 of the Law on Prices, and at the same time send a written report on implementation of such remedial measures and proving documents to the Ministry of Finance.

According to the report, the Ministry of Finance shall consider notifying the enterprise in writing of permission for the enterprise to continue to provide valuation services under the issued certificate of eligibility for provision of valuation services or revoking the certificate of eligibility for provision of valuation services according to regulations in Article 8 of this Decree;

b) If the enterprise fails to meet one of the requirements specified in clause 1 Article 49 of the Law on Prices in 3 consecutive months but it has not yet been suspended from providing valuation services due to failure to notify the Ministry of Finance according to regulations in clause 2 Article 52 of the Law on Prices, when detected, the enterprise shall be handled as follows: 

At the time of detection, if the enterprise meets all requirements specified in clause 1 Article 49 of the Law on Prices, it shall be suspended from providing valuation services within 180 days from the date on which it is detected.  After the suspension period, if the enterprise’s certificate of eligibility for provision of valuation services revoked has not yet been revoked, and at the same time the enterprise meets all requirements specified in clause 1 Article 49 of the Law on Prices, the Ministry of Finance shall notify the enterprise in writing of permission for the enterprise to continue to provide valuation services under the issued certificate.

At the time of detection, if the enterprise fails to meet one of the requirements specified in clause 1 Article 49 of the Law on Prices, it shall be suspended from providing valuation services within 180 days from the date on which it is detected.  Within 60 days from the date of suspension, the enterprise shall implement remedial measures in order to meet all requirements specified in clause 1 Article 49 of the Law on Prices, and at the same time send a written report on implementation of such remedial measures and proving documents to the Ministry of Finance; if the enterprise fails to implement remedial measures, it shall have its certificate of eligibility for provision of valuation services revoked according to regulations in Article 8 of this Decree.  After the suspension period, if the enterprise’s certificate of eligibility for provision of valuation services revoked has not yet been revoked, and at the same time the enterprise meets all requirements specified in clause 1 Article 49 of the Law on Prices, the Ministry of Finance shall consider notifying the enterprise in writing of permission for the enterprise to continue to provide valuation services under the issued certificate.

4. In case of suspension according to point b clause 1 Article 54 of the Law on Prices, the enterprise shall be suspended from providing valuation services within 270 days from the date on which it is detected.  After the suspension period, if the enterprise’s certificate of eligibility for provision of valuation services revoked has not yet been revoked, and at the same time the enterprise meets all requirements specified in clause 1 Article 49 of the Law on Prices, the Ministry of Finance shall consider notifying the enterprise in writing of permission for the enterprise to continue to provide valuation services under the issued certificate.

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6. The Ministry of Finance shall publicly announce a list of valuation enterprises suspended from providing valuation services and list of valuation enterprises eligible to continue to provide valuation services after the suspension on its website.

Article 8. Revocation of certificates of eligibility for provision of valuation services

1. A valuation enterprise shall have its certificate of eligibility for provision of valuation services revoked in the cases specified in clause 2 Article 54 of the Law on Prices.

2. In one of the cases specified in points b, d and dd clause 2 Article 54 of the Law on Prices, the valuation enterprise shall immediately stop providing valuation services, and at the same time within 03 working days, its legal representative shall be responsible for sending a written report enclosed with an original copy of its certificate of eligibility for provision of valuation services to the Ministry of Finance.

3. The Ministry of Finance shall issue a decision to revoke the certificate of eligibility for provision of valuation services according to Form No. 08 in the Appendix enclosed with this Decree; publicly announce a list of valuation enterprises that have their certificates of eligibility for provision of valuation services revoked; and remove such enterprises from the list of enterprises eligible to provide valuation services on its website.

4. Valuation enterprises that have their certificates of eligibility for provision of valuation services revoked shall terminate provision of valuation services from the effective date of the revocation decision and be responsible for settling issues related to valuation contracts that they concluded with their customers and labour contracts that they concluded with valuers and staff, storing valuation dossiers and fulfilling other legal obligations according to regulations of law.

Chapter III

IMPLEMENTATION

Article 9. Effect

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2. The Government’s Decree No. 89/2013/ND-CP dated August 06, 2013 and the Government’s Decree No. 12/2021/ND-CP dated February 24, 2021 shall cease to be effective from July 01, 2024.

3. Article 12 and the phrase “thẩm định giá” (valuation) in clause 2 Article 15 of the Government's Decree No. 151/2018/ND-CP dated November, 07 2018 shall be annulled.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees of provinces and central-affiliated cities shall be responsible for the implementation of this Decree./.