04 things you know about property valuation in criminal proceedings in Vietnam

04 things you know about property valuation in criminal proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requisition for valuation in criminal proceedings in Vietnam

Requisition for valuation in criminal proceedings under Article 215 of the Criminal Procedure Code 2015 are as follows:

- Competent procedural authorities, when requiring the valuation of property for the settlement of criminal cases, shall requisition valuation in writing.

- A written requisition for valuation shall specify:

+ Names of the authority and competent individual requisitioning valuation;

+ Name of the panel that is requested to valuate property;

+ Name and traits of the property to be valuated;

+ Name of relevant documents (if any);

+ Contents of requisitions for valuation;

+ Date of valuation and deadline for findings.

- The authorities requesting valuation, in 24 hours upon issuing the written request for valuation, must deliver such request, documents and objects to be valuated to the Panel of valuation.

Moreover, the written request for valuation shall be sent to the Procuracy that exercise prosecution rights and administer investigative activities.

- The requisition for property valuation to settle civil cases in criminal lawsuits shall be governed by the laws on civil procedure.

2. Deadline for valuation in criminal proceedings in Vietnam

According to Article 216 of the Criminal Procedure Code 2015, the deadline for valuation in criminal proceedings is as follows:

Time limit for process and conclusion of property valuation shall be subject to the written request for valuation.  If property valuation fails to occur within the requested time limit, the Panel of valuation shall promptly inform authorities or persons requesting valuation in writing of such delay and reasons.

3. Process of property valuation in criminal proceedings in Vietnam

Process of property valuation in criminal proceedings according to Clause 1, Article 217 of the Criminal Procedure Code 2015 as follows:

The Panel of valuation shall valuate property. The meeting for property valuation shall be carried out at the location of the property appraised or other places aas per decisions of the Panel of valuation.

Investigators, procurators and judges can attend the property valuation meeting after informing the Panel of valuation in advance. The said individuals, when permitted by the Panel of valuation, can provide their opinions.

4. Conclusion of property valuation in criminal proceedings in Vietnam

According to Article 221 of the Criminal Procedure Code 2015, the conclusion of property valuation in criminal proceedings is as follows:

- The conclusion of a property valuation process must specify findings on the value of the property  according to the request for valuation and other details as per the laws.

- The Panel of valuation, in 24 hours upon concluding the valuation process, must send its findings to the authorities and persons requesting valuation.

The authorities or persons requesting valuation, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

- The authorities requesting valuation, in order to clarify findings, shall be entitled to ask the Panel of valuation for explanations of such findings and further details of facts deemed necessary.

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