Method of Asset Valuation in Criminal Procedure

According to the provisions of Article 17 of Decree 30/2018/ND-CP, based on the type of asset; information and characteristics of the asset; the situation of price surveys, and the collection of information related to the asset to be appraised; the Valuation Council conducts asset valuation according to standards on appraisal, general valuation methods for goods and services, and standards and valuation methods stipulated in specialized laws related to the asset to be appraised.

For certain specific cases, asset valuation is carried out according to the above provisions, and additionally, as follows:

- Unused assets: The Valuation Council determines the price of the asset according to the price of identical new assets or similar new assets (if there are no identical assets);- Used assets: The Valuation Council determines the price of the asset based on the actual value of the asset;- Partially damaged, destroyed assets; fully damaged, destroyed assets but still capable of being restored to the condition prior to being damaged, destroyed: In the event that the competent authority conducting proceedings requests the determination of the damage value of partially or fully damaged, destroyed assets, the Valuation Council determines the price based on the cost of restoring the asset to its initial condition before being partially or fully damaged, destroyed;- Lost or missing assets; fully damaged, destroyed assets with no possibility of restoration to the condition before being damaged, destroyed: The Valuation Council determines the price of the asset according to the asset file based on the information and documents collected about the asset to be appraised;- Counterfeit assets: The Valuation Council determines the asset price according to the price of genuine goods or the price of similar assets following the provisions of the Criminal Code;- Assets not commonly traded on the market; precious metals, gemstones, artifacts, antiquities, or objects of cultural, religious, archaeological, architectural, or historical value: The Valuation Council determines the asset price based on the results of inspections, evaluations by competent authorities, and experts in this field or the value recorded in the asset's files and documents.

See also: Decree 30/2018/ND-CP effective May 1, 2018.

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