Issuance of the Decree 78 on detailed regulations on certain provisions of the Price Law regarding price appraisal in Vietnam

Issuance of the Decree 78 on detailed regulations on certain provisions of the Price Law regarding price appraisal in Vietnam

On July 1, 2024, the Government issued Decree 78/2024/ND-CP providing detailed regulations on certain provisions of the Price Law regarding price appraisal.

Decree 78/2024/ND-CP applies to the following entities:

- Individuals holding certificates of price appraisers, price appraisers.

- Price appraisal enterprises.

- State management agencies on price appraisal and other relevant organizations, institutions, and individuals involved in price appraisal activities.

Decree 78/2024/ND-CP takes effect from July 1, 2024.

Issuance of the Decree 78 on detailed regulations on certain provisions of the Price Law regarding price appraisal in Vietnam - image from internet

What documents are required for registering a profession in price appraisal in Vietnam?

Based on Article 3 of Decree 78/2024/ND-CP, the documents required for registering a profession in price appraisal include:

Documents required for registering a profession in price appraisal

1. Documents for registering a profession in price appraisal include:

a) The application for registering a profession in price appraisal at the enterprise according to Form 01 prescribed in the Appendix attached to this Decree.

b) Certified copy or valid electronic copy of documents proving the update of knowledge in price appraisal according to the regulations of the Ministry of Finance, appropriate to the professional field of the registered profession and still valid at the time of registration, except for cases where the price appraiser card has been issued for less than 01 year from the time of registration.

c) Criminal record certificate number 1 in paper form issued by the competent authority, valid for not more than 06 months from the time of registration, or certified copy or valid electronic copy of this certificate, or electric copy of criminal record certificate number 1 issued on the VNeID electronic identification and authentication application, valid for not more than 06 months from the time of registration.

d) Certified copy of the enterprise registration certificate in case the price appraiser registers the profession in price appraisal in the capacity of a legal representative, director, or general director of the enterprise.

dd) Certificate of actual working time at the price appraisal enterprise, state management agency on price appraisal, and price appraisal according to Form 02 prescribed in the Appendix attached to this Decree, or certified copy or valid electronic copy of the social insurance book showing the period of social insurance payment at the price appraisal enterprise, state management agency on price appraisal, and price appraisal, except for cases where it has been announced as a price appraiser according to the regulations of the Price Law.

e) Certified copy of the labor contract signed between the enterprise and the price appraiser, except for cases where the price appraiser is a legal representative of the enterprise.

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Therefore, the documents required for registering a profession in price appraisal are as follows:

- Application for registering a profession in price appraisal at the enterprise.

- Certified copy or valid electronic copy of documents proving the update of knowledge in price appraisal according to the regulations of the Ministry of Finance, appropriate to the professional field of the registered profession and still valid at the time of registration, unless the price appraiser card has been issued for less than 01 year from the time of registration.

- Criminal record certificate number 1 in paper form issued by the competent authority, valid for not more than 06 months from the time of registration, or certified copy or valid electronic copy of this certificate, or electric copy of criminal record certificate number 1 issued on the VNeID electronic identification and authentication application, valid for not more than 06 months from the time of registration.

- Certified copy of the enterprise registration certificate in case the price appraiser registers the profession in price appraisal in the capacity of a legal representative, director, or general director of the enterprise.

- Certificate of actual working time at the price appraisal enterprise, state management agency on price appraisal, and price appraisal, or certified copy or valid electronic copy of the social insurance book showing the period of social insurance payment at the price appraisal enterprise, state management agency on price appraisal, and price appraisal, unless it has been announced as a price appraiser according to the regulations of the Price Law.

- Certified copy of the labor contract signed between the enterprise and the price appraiser, unless the price appraiser is a legal representative of the enterprise.

What are procedures for issuing and reissuing a certificate of eligibility for conducting price appraisal services in 2024 in Vietnam?

According to Article 6 of Decree 78/2024/ND-CP, the procedure for issuing and reissuing a certificate of eligibility for conducting price appraisal services is as follows:

Step 1: Document preparation and fee submission

The enterprise requesting the issuance or reissuance of a certificate of eligibility for conducting price appraisal services is responsible for the following tasks:

- Prepare the necessary documents and submit them to the Ministry of Finance through postal services, in person, or via online public services.

In the case of reissuing a certificate, the price appraisal enterprise must submit the documents to the Ministry of Finance within 10 days from the date the certificate was lost, damaged, or when there are changes in the information compared to the information on the original certificate.

Pay the appraisal fee for issuing or reissuing the certificate of eligibility for conducting price appraisal services as prescribed by the law on fees and charges at the time of submitting the application, and the fee is non-refundable.

Step 2: Document reception

Within 15 days from the date of receiving a complete set of documents as prescribed in Clause 1 of Article 6 of Decree 78/2024/ND-CP, the Ministry of Finance will receive the documents.

- If the submitted documents are incomplete or contain inaccurate information, the Ministry of Finance will provide guidance to the enterprise to supplement and complete the documents through written communication or online public services.

The enterprise is responsible for supplementing and completing the documents within 10 days from the date of receiving the guidance from the Ministry of Finance.

The submission of supplementary and completed documents is done according to the methods prescribed in point a of Clause 1 of Article 6 of Decree 78/2024/ND-CP. After the deadline, if the enterprise fails to supplement the documents adequately, the Ministry of Finance will notify the enterprise in writing or via online public services that the certificate will not be issued or reissued.

- If the documents show that the enterprise does not meet the requirements for issuing or reissuing a certificate of eligibility for conducting price appraisal services, the Ministry of Finance will notify the enterprise of the reasons for not granting or reissuing the certificate in writing or via online public services.

- If the documents show that the enterprise meets the requirements for issuing or reissuing a certificate of eligibility for conducting price appraisal services, the Ministry of Finance will issue or reissue the certificate.

Note: In the case where the price appraisal enterprise requests a reissuance solely due to the certificate being lost or damaged, within 5 working days from the date of receiving a complete set of documents as prescribed in Clause 1 of Article 6 of Decree 78/2024/ND-CP, the Ministry of Finance will reissue the certificate of eligibility for conducting price appraisal services as prescribed by the law.