New Guidelines on the Procedures for Receiving Asset Valuation Requests in Criminal Procedure

16:45, 09/07/2024

Here is the notable regulation mentioned in Decree 97/2019/ND-CP amending and supplementing several articles of Decree 30/2018/ND-CP dated March 7, 2018, detailing the establishment and operation of Asset Valuation Councils; the sequence and procedures for asset valuation in criminal proceedings.

Procedures and formalities for receiving asset valuation requests in criminal proceedings are newly guided in Article 14 of Decree 97/2019/ND-CP and Clause 1 Article 1 of Decree 30/2018/ND-CP as follows:

Receiving asset valuation requests, Decree 97/2019/ND-CP

Illustrative image (source: internet)

Step 1: The written request for asset valuation, accompanied by relevant documents and dossiers, is sent to the Asset Valuation Council that is requested for the regular Valuation Council or sent to the competent authority to establish the Council for ad hoc valuation.

In cases where the establishment of the Valuation Council is required by decision of the Prime Minister of the Government of Vietnam, the competent agency conducting proceedings sends the written request for asset valuation to the ministry or equivalent authority that has established the ministry-level Valuation Council for initial or revaluation (for special cases as stipulated in Article 22 of this Decree). Upon receiving the written request, the ministry or equivalent authority is responsible for advising and submitting to the Prime Minister for decision on the establishment of the Valuation Council, based on the assignment of relevant personnel.

The content and time limit for sending the written request for asset valuation is implemented according to the provisions of Article 215 of the Code of Criminal Procedure.

Step 2: The head of the competent authority for establishing regular or ad hoc Valuation Councils is responsible for requesting relevant professional agencies related to the asset needing valuation to select and appoint knowledgeable individuals about the type of asset requiring valuation, possessing expertise to participate as members of the Valuation Council according to the provisions of Decree 30.

The time limit for asset valuation is implemented according to the provisions of Article 216 of the Code of Criminal Procedure.

See the full text of the regulations at Decree 97/2019/ND-CP effective from February 15, 2020, and Decree 30/2018/ND-CP.

Thu Ba

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