The Bases for Valuation of Assets in Criminal Proceedings in Vietnam

The Bases for Valuation of Assets in Criminal Proceedings in Vietnam
Lê Hải

The Ministry of Finance of Vietnam has just issued Circular 43/2018/TT-BTC providing guidelines for several articles of Decree 30/2018/ND-CP on the establishment and operation of the Asset Valuation Council; procedures and process for asset valuation in criminal proceedings.

The asset valuation in Vietnam is carried out based on the following grounds:

- The market price of the asset, which is the commonly traded price on the market at the time of valuation and at the location where the valuation is requested;

- The price stipulated and decided by competent state authorities, which is the price determined by the authorities that is in effect at the time the valuation is requested;

- The price provided by price appraisal enterprises, which is determined according to the results of the appraisal in the Appraisal Certificate and the Appraisal Result Report;

- The price in legal documents and records concerning the type of asset provided by competent authorities or the authority requesting the valuation;

- Other grounds for the price or value of the asset to be valuated.

Circular 43/2018/TT-BTC takes effect from June 25, 2018, which annulled Circular 55/2006/TT-BTC.

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