Conditions for grant of certificates of eligibility for valuation services in Vietnam as of July 1, 2024

Conditions for grant of certificates of eligibility for valuation services in Vietnam as of July 1, 2024 are contents specified in the Law on Prices 2023.

Conditions for grant of certificates of eligibility for valuation services in Vietnam as of July 1, 2024

Conditions for grant of certificates of eligibility for valuation services in Vietnam as of July 1, 2024 (Internet image)

On June 19, 2024, the National Assembly of Vietnam passed the Law on Prices 2023.

Conditions for grant of certificates of eligibility for valuation services in Vietnam as of July 1, 2024

According to Article 49 of the Law on Prices 2023, the conditions for conducting valuation services are as follows:

- An enterprise applying for a certificate of eligibility for valuation services shall have at least 5 persons with valuer cards meeting the requirements prescribed in Clause 1 Article 45 of the Law on Prices 2023 registering valuation practice at that enterprise and meet the following conditions:

+ Regarding private enterprises, single-member limited liability companies, and partnerships, owners, directors, or general directors of private enterprises; legal representatives, directors, or general directors of single-member limited liability companies and partnerships shall meet the requirements prescribed in Article 51 of the Law on Prices 2023. Owners of single-member limited liability companies that are individuals and members of partnerships shall be persons with valuer cards registering their practice at such enterprises;

+ Regarding limited liability companies with 2 or more members and joint stock companies, legal representatives, directors, or general directors of such enterprises shall meet the requirements prescribed in Article 51 of the Law on Prices 2023. At the same time, such enterprises shall have at least 2 capital contributors or 2 shareholders that are persons with valuer cards registering their practice at such enterprises.

If the capital contributors or shareholders are organizations, the authorized representatives of capital contribution organizations shall be persons with valuer cards registering their practice at the enterprises; the total capital contribution of members that are organizations shall not exceed 35% of the charter capital.  The total capital contrition of members or shareholders that are persons with valuer cards registering their practice at the enterprises shall account for at least 50% of the charter capital of enterprises.

- If certificates of eligibility for valuation services are lost, damaged, or have their information altered compared to the information displayed on such certificates, valuation enterprises shall perform the procedure for re-issuance of certificates of eligibility for valuation services.

Currently, according to Article 39 of the Law on Prices 2012, the conditions for granting the eligible certificate of business price appraisal service in Vietnam are as follows:

- One-member limited liability companies when requesting for grant of the eligible certificate of business price appraisal service must have full the following conditions:

+ Having Certificate of Business registration, certificate of Enterprise registration or certificate of investment as prescribed by law;

+ Having at least 03 appraisers on prices registering practice in such enterprises, and among them must have a member is owner thereof;

+ The legal representatives, Directors or general Directors of one-member limited liability companies must be price appraiser registering practice in such enterprises.

- The limited liability companies with two or more members when requesting for grant of the eligible certificate of business price appraisal service must have full the following conditions:

+ Having Certificate of Business registration, certificate of Enterprise registration or certificate of investment as prescribed by law;

+ Having at least 03 appraisers on prices registering practice in such enterprises, and among them must have at least 02 member making capital contributions;

+ The legal representatives, Directors or general Directors of limited liability companies with two or more members must be price appraiser registering practice in such enterprises.

+ The contribution capital of members being organization shall not exceed the level of contribution capital stipulated by the Government. The representative of member being organization must be price appraiser and register practice in such enterprise.

- Partnerships when requesting for grant of the eligible certificate of business price appraisal service must have full the following conditions:

+ Having Certificate of Business registration, certificate of Enterprise registration or certificate of investment as prescribed by law;

+ Having at least 03 appraisers on prices registering practice in such enterprises, aomong that at least must have 02 General partners;

+ The legal representatives, Directors or general Directors of Partnerships must be price appraiser registering practice in such enterprises.

- Private enterprises when requesting for grant of the eligible certificate of business price appraisal service must have full the following conditions:

+ Having Certificate of Business registration, certificate of Enterprise registration or certificate of investment as prescribed by law;

+ Having at least 03 appraisers on prices registering practice in enterprises, and among them must have a member is owner of Private enterprises;

+ Director of Private enterprises must be price appraiser and register practice in such enterprises.

- Joint-stock companies when requesting for grant of the eligible certificate of business price appraisal service must have full the following conditions:

+ Having Certificate of Business registration, certificate of Enterprise registration or certificate of investment as prescribed by law;

+ Having at least 03 appraisers on prices registering practice in such enterprises, aomong that at least must have 02 Founding shareholders;

+ The legal representatives, Directors or general Directors of Joint-stock companies must be price appraiser registering practice in such enterprises.

+ The contribution capital of members being organization shall not exceed the level of contribution capital stipulated by the Government. The representative of member being organization must be price appraiser and register practice in such enterprise.

More details can be found in the Law on Prices 2023, which comes into force from July 1, 2024 except for the case specified in Clause 2, Article 74 of Law on Prices 2023.

To Quoc Trinh

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