Under what circumstances is a case-by-case valuation council established at the ministerial level?

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Decree 97/2019/ND-CP stipulates that the asset appraisal committee by case in criminal proceedings is established at the district, town, district-level city, provincially run city (hereinafter collectively referred to as the district level); at the province, centrally governed city (hereinafter collectively referred to as the provincial level); at ministries, ministry-level agencies (hereinafter collectively referred to as the ministerial level); and according to the decision of the Prime Minister of the Government of Vietnam.

In Clause 1 of Article 1 Decree 97/2019/ND-CP, amendments and supplements to Clause 1, Clause 4, Article 6 of Decree 30/2018/ND-CP stipulate that the appraisal committee by the ministerial level is established by the minister, the head of a ministry-level agency exercising state management functions over the sector, fields concerning the assets to be appraised as per legal provisions to appraise in the following cases:

Case 1: Perform re-appraisal in cases as stipulated in Articles 21 and 22 of Decree 30.

Case 2: Perform the initial appraisal of assets in cases of corruption, economic, official duty crimes, particularly serious and complex cases involving multiple levels and attracting public attention as requested by an authorized procedural body.

Case 3: Regarding cases with various types of assets, the authorized procedural body is responsible for classifying the assets based on economic-technical characteristics and case requirements and requesting the ministry, ministry-level agency to establish the Appraisal Committee suitable to its state management functions over the assigned sectors, fields as follows:

- In cases where assets can be classified for separate appraisal, the authorized procedural body requests the ministries, ministry-level agencies to establish an appraisal committee for each asset group.

- In cases where assets cannot be classified, the authorized procedural body requests the ministry, ministry-level agency exercising state management functions over one type of asset among the case assets to lead the establishment of the Appraisal Committee; in cases where the assets to be appraised include land or land use rights, the central state management agency for land leads the establishment of the Appraisal Committee (regardless of asset ownership). Ministries, ministry-level agencies exercising state management functions over other remaining assets are responsible for appointing representatives to participate as members of the Appraisal Committee upon the request of the leading ministry, ministry-level agency in establishing the committee.

Additionally, the Decree supplements provisions about the Appraisal Committee established by the Prime Minister's decision of the Government of Vietnam, specifically, the Committee is established upon the request of the authorized procedural body to perform re-appraisal in cases stipulated in Articles 21 and 22 of Decree 30.

More details can be found in: Decree 97/2019/ND-CP effective from February 15, 2020.

Thu Ba

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