What are the conditions for traders providing commercial assessment services in Vietnam? What are the rights and obligations of traders providing commercial assessment services?
What are the regulations on traders providing commercial assessment services in Vietnam?
Pursuant to Article 256 of the Law on Commercial 2005 as follows:
Traders providing commercial assessment services
Only traders that satisfy all the conditions provided for by law and are granted business registration certificates for provision of commercial assessment services shall be allowed to provide assessment services and issue assessment certificates.
Thus, traders providing commercial assessment services satisfy all the conditions provided by law and are granted business registration certificates for commercial assessment services.
What are the conditions for traders providing commercial assessment services in Vietnam?
According to Article 257 of the Law on Commercial 2005 as follows:
Conditions for providing commercial assessment services
Traders providing commercial assessment services must fully satisfy the following conditions:
1. Being enterprises established according to the provisions of law;
2. Having assessors who have all the qualifications specified in Article 259 of this Law;
3. Being capable of carrying out procedures and methods for assessing goods or services under the provisions of law, the international standards or which are commonlly applied by countries in assessment of such goods or services.
Referring to the provisions of Article 259 of the Law on Commercial 2005 as follows:
Criteria of assessors
1. An assessor must fully satisfy the following criteria:
a/ Possessing a university or college degree suitable to the requirements of the domain of assessment;
b/ Having a professional certificate for the assessment domain in cases where such professional certificate is required by law;
c/ Having worked for at least three years in the domain of assessment of goods or services.
2. Basing themselves on the criteria specified in Clause 1 of this Article, directors of enterprises providing commercial assessment services shall recognize assessors and be responsible before law for their decisions.
Thus, traders providing commercial assessment services must fully satisfy the following conditions:
- Being enterprises established according to the provisions of law;
- Having assessors who have all the qualifications:
+ Possessing a university or college degree suitable to the requirements of the domain of assessment;
+ Having a professional certificate for the assessment domain in cases where such professional certificate is required by law;
+ Having worked for at least three years in the domain of assessment of goods or services.
- Being capable of carrying out procedures and methods for assessing goods or services under the provisions of law, the international standards or which are commonlly applied by countries in assessment of such goods or services.
What are the conditions for traders providing commercial assessment services in Vietnam? What are the rights and obligations of traders providing commercial assessment services?
What are the rights and obligations of traders providing commercial assessment services in Vietnam?
The rights and obligations of traders providing assessment services are specified in Article 263 of the Law on Commercial 2005 as follows:
Rights and obligations of traders providing assessment services
1. Traders providing assessment services shall have the following rights:
a/ To request customers to supply in a sufficient, accurate and timely manner necessary documents for performance of assessment services;
b/ To receive assessment service charges and other reasonable expenses.
2. Traders providing assessment services shall have the following obligations:
a/ To observe the standards and other relevant provisions of law on assessment services;
b/ To perform the assessment in an honest, objective, independent, timely manner and according to the assessment procedures and methods;
c/ To issue assessment certificates;
d/ To pay violation fines and/or damages according to the provisions of Article 266 of this Law.
Thus, traders providing assessment services have the following rights and obligations:
- Traders providing assessment services shall have the following rights:
+ To request customers to supply in a sufficient, accurate and timely manner necessary documents for performance of assessment services;
+ To receive assessment service charges and other reasonable expenses.
- Traders providing assessment services shall have the following obligations:
+ To observe the standards and other relevant provisions of law on assessment services;
+ To perform the assessment in an honest, objective, independent, timely manner and according to the assessment procedures and methods;
+ To issue assessment certificates;
+ To pay violation fines and/or damages:
++ Where traders providing assessment services issue assessment certificates showing incorrect results caused by their unintentional faults, they must pay fines therefor to customers. The fine level shall be agreed upon by the parties but must not exceed ten times the assessment service charge.
++ Where traders providing assessment services issue assessment certificates showing incorrect results caused by their intentional faults, they must pay compensations for damage caused to customers that directly request the assessment.
++ Customers are obliged to prove that assessment results are incorrect and traders providing assessment services are at fault.
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