DECREE

ON COMMERCIAL PROVISION OF GOODS-ASSESSMENT SERVICES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the Minister of Trade,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

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Article 2.- Conditions for goods-assessment service providers

1. Being enterprises established under the provisions of law;

2. Being independent enterprises, specialized in the commercial provision of goods-assessment services;

3. Not engaged in goods selling and/or buying activities, except for the purchase and/or sale of machinery, equipment and/or supplies in service of their business lines.

Article 3.- Scope of goods-assessment service provision and the issue of goods-assessment certificates

1. Enterprises providing goods-assessment services and established under the current provisions of Vietnamese law shall be entitled to provide the goods assessment and issue goods-assessment certificates according to their business lines written in the business registration certificates.

The business registration shall be made at the competent State agency as prescribed by law. The business registration contents shall comply with the provisions of Article 20 of the Commercial Law;

2. Goods-assessment-service providing enterprises, established under the Law on Foreign Investment in Vietnam, shall be entitled to conduct the assessment and issue goods-assessment certificates according to their business lines written in the investment licenses;

3. Foreign assessment organizations’ branches set up in Vietnam shall be entitled to conduct the assessment and issue goods-assessment certificates according to their business lines written in their permits for establishment in Vietnam.

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1. The goods assessment shall be effected upon the agreement reached between parties or at the request of one of the parties to the contract on goods assessment; at the request of individuals, organizations or State bodies;

2. The goods assessment shall be conducted on the principle of independence, neutrality, objectiveness, scientism and accuracy;

3. It is prohibited to make goods assessment if such assessment is related to the rights and interests of the goods-assessment enterprise itself as well as the assessor(s).

Article 5.- State management over goods-assessment activities

The Ministry of Trade shall have to exercise the State management over the goods-assessment-service activities.

Chapter II

RIGHTS AND OBLIGATIONS OF GOODS-ASSESSMENT SERVICE ENTERPRISES AND GOODS ASSESSORS

Article 6.- Rights and obligations of goods-assessment service enterprises

1. To appoint assessors who fully meet the criteria specified in Article 7 of this Decree to perform the assessment;

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3. To ensure that the assessment is conducted independently, neutrally, objectively, scientifically, promptly and accurately;

4. To issue assessment certificates in accordance with the assessment requirements and be answerable to the assessment-requesting party as well as to law for the assessment results;

5. To be entitled to authorize other assessment-service enterprises to perform the assessment;

6. To receive assessment charge as agreed upon;

7. To pay fine for incorrect assessment according to the level agreed upon between the goods-assessment service enterprise and the assessment-requesting party, which must not be 10 times higher than the assessment charge.

Article 7.- Criteria for assessors

1. An assessor must meet the following criteria:

a/ Having university or college degree in specialties, suited to the assessment requirements and field;

b/ Having worked in the field of goods assessment for at least 3 years;

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2. The directors of goods-assessment service enterprises shall base themselves on the criteria stipulated in this Article to recruit assessors and take responsibility before law for their decisions.

Article 8.- Rights and obligations of assessors

1. To perform the assessment independently when so assigned, and to refuse assessment if it relates to their own rights and interests;

2. To conduct the goods assessment honestly, objectively, scientifically, promptly, accurately and in strict compliance with the requirements of the assessment-requesting party;

3. To reject interference by any individual or organization in the assessment activities they are carrying out;

4. To honestly reflect the assessment results in the assessment certificates and sign such certificates;

5. To be answerable before the director of their respective goods-assessment service enterprises for the accuracy of the assessment results.

Chapter III

ASSESSMENT CERTIFICATE AND ITS LEGALITY

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The assessment certificate is a legal document attesting to the actual status of goods in term of their quantity, quality, specifications, packaging, value, losses, safety, hygiene and other aspects, which is issued by an independent goods-assessment service enterprise at the request of the assessment-requesting party.

Article 10.- The legality of assessment certificate

1. An assessment certificate shall be legally valid only for the goods requested to be assessed;

2. An assessment certificate shall be legally binding on the assessment-requesting party if the latter fails to prove that the assessment results are not objective, untruthful or incorrect technically and/or professionally;

3. An assessment certificate shall be legally binding on the goods-assessment service enterprise which is responsible for the assessment results and conclusions stated in the assessment certificate.

Article 11.- Re-assessing the results stated in the assessment certificate

1. In cases where the results of the initial assessment certificate are not recognized, the assessment-requesting party and the concerned parties (hereafter called the re-assessment requesting party for short) shall have the right to request another assessment organization to re-assess the already assessed goods and have to pay the assessment charges;

2. If the re-assessment certificate’s results conform with the initial assessment certificate’s results, the initial assessment certificate shall have the final effect;

3. In cases where the re-assessment certificate’s results differ from the initial assessment certificate’s results:

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b/ If the initial assessment organization or the re-assessment-requesting party do not recognize the results of the re-assessment certificate, the re-assessment-requesting party shall have the right to request an arbitration organization to appoint another assessment organization to conduct the re-assessment. The results of the assessment conducted by the assessment organization appointed by the arbitration organization shall have the final effect. The arbitration fee shall be paid by the party requesting the re-assessment;

4. If the results of the assessment certificate issued by the assessment organization appointed by the arbitration organization:

a/ Conform with the results of the initial assessment certificate, the re-assessment organization shall have to pay a fine as prescribed in Clause 7, Article 6 of this Decree;

b/ Conform with the results of the re-assessment certificate, the initial assessment organization shall have to pay a fine as prescribed in Clause 7, Article 6 of this Decree;

c/ Fail to conform with the results of both initial assessment certificate and re-assessment certificate, the initial assessment organization and the re-assessment organization shall both have to pay a fine as prescribed in Clause 7, Article 6 of this Decree.

Chapter IV

AUTHORIZED ASSESSMENT AND GOODS ASSESSMENT AT THE STATE BODIES’ REQUEST

Article 12.- Authorization of goods assessment

In cases where the assessment-requesting party hires a foreign assessment organization to conduct the goods assessment in Vietnam but the latter has not yet been licensed to operate in Vietnam, such foreign assessment organization may authorize another assessment-service enterprise that has been licensed to operate in Vietnam to provide the goods-assessment services as prescribed in Article 179 of the Commercial Law.

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A goods-assessment authorization contract must be made in writing with the following major contents:

1. The names and addresses of the authorized and the authorizer;

2. The to-be-assessed goods;

3. The assessment contents, method and process;

4. The time and place of assessment;

5. The service charge and other costs.

Article 14.- Rights and obligations of the goods assessment authorizer

1. To request the good-assessment authorized to comply with the agreements in the assessment authorization contract;

2. To provide necessary information and/or documents to meet the goods-assessment requirements;

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4. To pay the service charge and other costs as agreed upon in the assessment-authorization contract.

Article 15.- Rights and obligations of the goods-assessment authorized

1. To request the assessment authorizer to supply necessary information and/or documents in service of goods assessment according to the assessment authorization contract;

2. To assess goods in strict compliance with the agreements in the assessment authorization contract;

3. To be entitled to hire domestic and foreign assessors to perform the goods assessment; and temporarily import for re-export technical means for assessment activities;

4. To receive the service charge and other remuneration as agreed upon in the goods-assessment authorization contract.

Article 16.- Goods assessment at the State bodies’ request

1. Goods shall be assessed at the request of a State body in cases where such goods are related to the performance of official duty of such State body;

2. Upon the competent State body’s request, the selected goods-assessment service enterprise shall have to conduct the goods assessment according to its business lines and shall be entitled to the assessment charge paid by the agency that has directly requested the assessment;

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Chapter V

IMPLEMENTATION PROVISIONS

Article 17.- Effect of implementation

1. This Decree takes effect 15 days after its signing;

2. Goods-assessment service enterprises established before the effective date of this Decree shall have to comply with the provisions of this Decree;

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

THE GOVERNMENT




Phan Van Khai

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