Some new points in the activities of Council of property valuation in criminal procedure

The Government issued Decree No. 97/2019 / ND-CP amending and supplementing a number of articles of Decree No. 30/2018 / ND-CP of March 7, 2018, detailing the establishment and operation of Property valuation council; order and procedures for asset valuation in criminal proceedings

On December 23, 2019, the Government issued Decree No. 97/2019 / ND-CP amending and supplementing a number of articles of Decree No. 30/2018 / ND-CP of March 7, 2018, detailing the establishment and operation of the Council of property valuation; order and procedures for asset valuation in criminal proceedings. Inheriting the current contents in compliance with the provisions of Decree No. 30/2018 / ND-CP, Decree No. 97/2019 / ND-CP focusing on amending and supplementing a number of contents such as establishing Council first-time valuation at the central level; asset valuation costs; Selecting a valuation consultant ...

Regarding the Council level for the first valuation, in Decree No. 97/2019 / ND-CP amending the regulation on the level of Central Council for valuation, instead there will be 2 levels of Council at the Central level. Council levels are established by ministries and branches and councils established by the Prime Minister. Thus, the property valuation council in criminal procedure from local to central level consists of 4 Council levels as follows: (1) District valuation council, (2) provincial valuation council, (3 ) Ministry-level valuation council, (4) Council of valuation under the decision of the Prime Minister. Accordingly, along with the amendment and supplementation of 2 Council levels, Article 8 of the Decree supplements the provisions on the composition of the Ministry-level Valuation Council and the Pricing Council under decisions of the Prime Minister. Government, additional authority authority first time, re-valuation of the Council.

Regarding the cost of property valuation, the Decree adds provisions on the arrangement, supplementation and use of administrative management funding to timely support expenses for a number of regular activities of the Association. co-valuation includes working-trip allowances, professional meetings, surveys, information gathering, stationery purchases, explanatory reports, professional explanations in service of asset valuation by the Asset valuation council. production.

Regarding bidding for selection of price appraisal units and additional provisions on the case of urgent asset valuation at the request of competent procedural authorities, bidding packages of appraisal of prices and bidding packages to hire teams organizations and individuals that have experience in consultancy on technical and economic status assessment may apply the form of selecting special contractors according to the provisions of the Bidding Law and the Prime Minister's Decision.

Decree No. 97/2019 / ND-CP amending and supplementing the regulations on procedural authorities is responsible for enclosing relevant documents and explaining specific legal grounds and reasons. doubting the results of revaluation or revaluation to the superior valuation council. For other contents, the Decree is amended and supplemented in the direction of specific regulations, which is clearer and ensures consistency and consistency with the relevant current legal documents.

Decree No. 97/2019 / ND-CP, effective from February 15, 2020, will be an important legal basis to help overcome the shortcomings of Decree No. 30/2018 / ND-CP. and at the same time contribute to effective, transparent and timely implementation of property valuation in criminal proceedings at all levels.