What is the latest petition requesting for the Court to issue a decision on property assessment in 2023? What is the time limit for preparation for consideration of a petition to resolve a civil matter?
- What is the latest petition requesting the Court to issue a decision on property assessment in civil proceedings in Vietnam?
- In what cases does the court make decisions on property price assessment in civil proceedings in Vietnam?
- What is the time limit for preparation for consideration of petition to resolve a civil matter?
What is the latest petition requesting the Court to issue a decision on property assessment in civil proceedings in Vietnam?
A petition requesting the Court to issue a decision on property assessment, made according to Form No. 07-DS specified in List 93 of Forms in Civil Procedures issued together with Resolution No. 01/2017/NQ-HDTP. Below is a picture of a petition requesting the Court to issue a decision on property assessment:
Download the petition requesting the Court to issue a decision on property assessment: Click here.
What is the latest petition requesting for the Court to issue a decision on property assessment in 2023? What is the time limit for preparation for consideration of a petition to resolve a civil matter?
In what cases does the court make decisions on property price assessment in civil proceedings in Vietnam?
Pursuant to Clause 3, Article 104 of the 2015 Code of Civil Procedure in Vietnam as follows:
Property evaluation and price appraisal
1. Involved parties may provide the price of the properties that are being in dispute or reach agreement about the price of the properties that are being in dispute.
2. The parties may reach agreement on the selection of property appraisal organizations to conduct the evaluation of properties and provide the price evaluation results for the Courts.
Properly price appraisal shall be carried out under the law on property price appraisal.
3. Courts shall make decisions on property price assessment and set up Price Assessment Councils in the following cases:
a) At the request of involved parties;
b) Involved parties failed to reach agreement about selection of price assessment organizations or offered prices were different or agreement about prices has not been reached;
c) Parties reach agreements with each other or with price assessment councils the prices which are lower than the market prices of the area where the properties are located at the time of price assessment to evade fulfilling obligations to the State or the third parties or there are grounds proving that the price assessment organizations commit violations against law provisions when conducting price assessment.
4. Procedures for establishment of Price Assessment Council and procedures for price assessment:
a) Price Assessment Councils shall be established by Courts and shall consist of the representatives of financial agencies as the Chairpersons and representatives of relevant specialized agencies as members. Persons who have conducted procedures in such cases and persons specified in Article 52 of this Code must not be members of Price Assessment Councils.
Price Assessment Councils shall conduct assessment only when no members of the Councils are absent. When it is necessary, representatives of People’s Committees of communes where the to-be-assessed properties are located shall be invited to witness the assessment. Involved parties shall be priorly notified of time and place of price assessment, shall be entitled to attend and express opinions about the price assessment. Price Assessment Councils shall be entitled to make decisions on prices of the properties which are assessed;
b) Financial agencies and specialized agencies which are relevant shall be responsible for assigning persons to be members of Price Assessment Councils and enable them to fulfill tasks. Persons assigned to be members of Price Assessment Councils shall participate fully the assessment. If financial agencies and/or specialized agencies fail to assign persons to be members of Price Assessment Councils, Courts shall request competent immediate management agencies to direct financial agencies and specialized agencies to fulfill their requests. If persons who are assigned to be members of Prices Assessment Councils are absent without plausible reasons, Courts shall request heads of agencies having assigned such persons shall consider responsibility and appoint replacements and notify the Courts so that the price assessment could be conducted;
c) Price assessment must be recorded into minutes where opinions of each present member and involved parties shall be specified. Decisions of Price Assessment Councils must be approved by more than half of their members. Members of Price Assessment Councils, involved parties and witnesses shall append signatures or fingerprints to the minutes.
5. The re-assessment of property prices shall be conducted when there are grounds for presuming that the results of the first assessment are inexact or unconformable with market prices of places where the properties are located at the time of processing civil lawsuits.
Thus, according to the above provisions, Courts shall make decisions on property price assessment in the following 03 cases:
- Firstly, at the request of involved parties;
- Secondly, involved parties failed to reach agreement about selection of price assessment organizations or offered prices were different or agreement about prices has not been reached;
- Finally, parties reach agreements with each other or with price assessment councils the prices which are lower than the market prices of the area where the properties are located at the time of price assessment to evade fulfilling obligations to the State or the third parties or there are grounds proving that the price assessment organizations commit violations against law provisions when conducting price assessment.
What is the time limit for preparation for consideration of petition to resolve a civil matter?
Pursuant to Point b, Clause 2, Article 366 of the 2015 Code of Civil Procedure in Vietnam:
Preparation for petition consideration
1. Time limit for preparation for petition consideration shall be 01 month from the day on which the Court accept the petition, unless there are other provisions in this Code.
2. During the time limit for preparation for petition consideration, the Court shall carry out the following activities:
a) If the materials and evidences are not sufficient to serve as basis for the Court to resolve the matter, the Court shall request the involved parties to supplement materials and evidences within 05 working days from the day on which the request is received;
b) Upon the request of the involved parties or when it is deemed necessary, the Judge shall issue decision to request agencies, organizations and individuals to provide materials and evidences; summon witnesses, request property expertise and price assessment. If the time limit for preparation for petition consideration specified in clause 1 of this Article expires but the property expertise and/or price assessment results have not been produced, such time limit shall be extended for not exceeding 01 month;
c) Issue decision to terminate the consideration of petition and return the petition and accompanied materials and evidences if the petitioner withdraws the petition;
d) Issue decision to open a meeting to resolve civil matter.
3. The Courts must immediately send the decision to open the meeting to resolve civil matter and the dossiers on the civil matter to the procuracy of the same level for study. The procuracy must study them within 07 days from the day on which the dossier is received; when this time limit expires, the procuracy must return it to the Court for holding a meeting to resolve the civil matter.
4. The Court shall open a meeting to resolve civil matter within 15 days from the day on which the decision to open the meeting is issued.
Thus, according to the above provisions, the time limit for preparation for petition consideration shall be 01 month from the day on which the Court accepts the petition, unless there are other provisions in this Code.
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