Basis for Valuation of Non-Prohibited Assets in Criminal Proceedings

17:10, 11/07/2024

On May 07, 2018, the Ministry of Finance issued Circular 43/2018/TT-BTC providing guidance on certain provisions of Decree 30/2018/ND-CP, which stipulates detailed regulations on the establishment and operation of the Asset Valuation Council; the sequence and procedures for asset valuation in criminal proceedings.

The valuation of assets not classified as prohibited items in Criminal Procedure is determined based on one of the following grounds:

- The market price of the asset is the common transaction price in the market of the asset to be valued or a similar asset to the one to be valued at the time and place of valuation as requested;- The price determined by competent state agencies, which is the price stipulated or decided by the competent state agencies that is effective at the time a valuation is requested;- The price provided by a valuation enterprise is the price determined according to the valuation results stated in the Valuation Certificate and Valuation Report of the valuation enterprise that is still valid for the asset being valued;- The price in legal documents or records about that type of asset provided by competent agencies or the requesting organization for valuation;- Other grounds related to the price or value of the asset to be valued include information and documents that help determine the price of the asset to be valued, such as the best usage that can bring the highest and most effective value; the supply and demand relationship for the asset; valuation opinions of competent state agencies or organizations and individuals with knowledge and understanding about the asset...

Circular 43/2018/TT-BTC effective from June 25, 2018.

- Thanh Lam -

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