On 13 February 2023, the Ministry of Finance issued Decision No. 176/QD-BTC on administrative procedures (AP) to be replaced within the scope of management functions of the Ministry of Finance in the field of price management. This Decision takes effect from the signing date and abolishes 2 administrative procedures No. 1 and 2, section A, part I in Decision No. 2008/QD-BTC dated 20 September 2016 of the Minister of Finance on the publication of standardized administrative procedures in the field of price management within the scope of state management functions of the Ministry of Finance.

The name of the replacement administrative procedure is the issuance and re-issuance of the Certificate of eligibility for business conditions in price appraisal services (the name of the administrative procedure to be replaced is the issuance of the Certificate of eligibility for business conditions in price appraisal services).

– Procedure:

Step 1: Enterprises apply for issuance and re-grant of the Certificate of eligibility for business conditions in price appraisal services to the Ministry of Finance (the Department of Price Management) through the One-stop Service Division of the Ministry of Finance according to the form provided by the Ministry of Finance.

Step 2: The One-stop Service Division of the Ministry of Finance transfers the enterprise’s application for issuance or re-issuance of the Certificate of eligibility for business conditions in price appraisal services to the Price Management Department for processing according to regulations.

Step 3:

+ In case the dossier is fully qualified, the Ministry of Finance (the Price Management Department) shall consider issuing or re-issuing the Certificate of eligibility for business conditions in price appraisal services according to regulations.

+ In case it is necessary to clarify the information in the dossier, the Ministry of Finance (the Price Management Department) has the right to request the price appraiser or the enterprise to explain or provide documents for inspecting, comparing, and verifying working period and other information on the application.

+ In case the enterprise does not add explanation documents, or the explanation documents do not fully prove that the information in the application for registration of practice is authentic, the Ministry of Finance (the Price Management Department) has the right to refuse to grant, re-issuance of the Certificate of eligibility for business conditions in price appraisal services. In case of refusal, the Ministry of Finance (Price Management Department) shall reply in writing and clearly state the reasons.

– Method:

+ Within 15 (fifteen) working days from the date of receipt of the full 01 (one) dossier set by the enterprise as prescribed in Clauses 1 and 2, Article 14 of this Decree, the Ministry of Finance shall issue and re-issue its Certificate of eligibility for business conditions in price appraisal services for price appraisal enterprises.

+ In case of refusal to grant or re-issue the Certificate of eligibility for business conditions in price appraisal services, the Ministry of Finance shall reply in writing and clearly state the reasons for the enterprise registration for business in price appraisal services within 05 (five) working days from the date of receiving the dossier.”

– Types of dossiers and quantity of dossiers: 01 set, including an application for grant or re-grant of the Certificate of eligibility for business conditions in price appraisal services according to the form prescribed by the Ministry of Finance; A list of the enterprise’s confirmation of contributed capital of its members in case there is no information on the list of capital contributors or shareholders in the Business Registration Certificate; Receipt of payment of appraisal fee for grant of certificate of eligibility for business conditions in price appraisal services.

– Time limit: 15 (fifteen) working days from the date of receipt of 01 (one) dossier set by the enterprise as prescribed in Clauses 1 and 2, Article 14 of this Decree, the Ministry of Finance shall issue or re-issue the Certificate of eligibility for business conditions in price appraisal services to the price appraisal enterprises.

– Objects of administrative procedures: price appraisal enterprises

– Agency to handle administrative procedures: Price Management Department – Ministry of Finance

– Results of administrative procedures: Certificate of eligibility for business conditions in price appraisal services

– Fees and charges (if any): VND 4,000,000 for issuance of Certificate of eligibility for business conditions in price appraisal services; 2,000,000 VND for the re-issuance of the Certificate of eligibility for business conditions in price appraisal services.

– Name of application form, declaration form: Attached

– Requirements and conditions to implementing the administrative procedures:

1. General conditions:

+ Having a business registration certificate, an enterprise registration certificate or an investment certificate as prescribed by law.

+ Having at least 03 price appraisers registered to practice at the enterprise.

+ For the legal representative, director or general director of the price appraisal enterprises: (1). Being a price appraiser registered to practice at an enterprise as prescribed at Point c Clause 1 or Point c Clause 2 or Point c Clause 3 or Point c Clause 4 or Point c Clause 5 Article 39 of the Law on Prices. (2). Having at least 03 years (36 months) as a practicing price appraiser before becoming the legal representative, director or general director of the price appraisal enterprise. (3). Not being the legal representative, the director or general director of the valuation enterprise has had its Certificate of eligibility for business conditions in price appraisal services revoked within a period of 01 year (12 months) up to the time of submission of application for grant or re-grant of the Certificate of eligibility for business conditions in price appraisal services.

+ For members of a price appraisal enterprise being an organization: (1) A member being an organization may contribute up to 35% of the charter capital of a price appraisal limited liability company with two or more members. Founding shareholders being organizations may contribute up to 35% of the charter capital of the price appraisal joint stock company. In case there are many organizations contributing capital, the total capital contribution of these organizations shall not exceed 35% of the charter capital of a limited liability company with two or more members or a price appraisal joint stock company. (2) The representative of a member being an organization must be a price appraiser and must register to practice at the price appraisal enterprise to which the organization contributes capital; at the same time, not allowed to contribute capital to that price appraisal enterprise as an individual, not to be a representative of the organization contributing capital to establish another price appraisal enterprise.

2. Corresponding conditions for each type of enterprise:

+ One member limited liability company: The owner must be a price appraiser registered to practice at the enterprise. The legal representative, director or general director of a one-member limited liability company must be a price appraiser registered to practice at the enterprise.

+ Multi-members limited liability company: There must be at least 02 capital-contributing members who are price appraisers registered to practice at the enterprise. The legal representative, director or general director of a two-member limited liability company must be a price appraiser registered to practice at the enterprise.

+ Partnership company: There must be at least 02 general partners who are price appraisers registered to practice at the enterprise. The legal representative, director or general director of a partnership must be a price appraiser registered to practice at the enterprise.

+ Private enterprise: The owner of a private enterprise must be a price appraiser registered to practice at the enterprise. The director of a private enterprise must be a price appraiser registered to practice at the enterprise.

+ Joint-stock company: At least 02 founding shareholders must be price appraisers to practice at the enterprise. The legal representative, director or general director of a joint-stock company must be a price appraiser registered to practice at the enterprise.

– Legal basis of administrative procedures: Price Law dated 20 June 2012; Decree No. 89/2013/ND-CP dated 6 August 2013 of the Government detailing a number of articles of the Price Law on price appraisal; Decree No. 12/2021/ND-CP dated 24 February 2021 of the Government amending and supplementing a number of articles of the Government’s Decree No. 89/2013/ND-CP dated 6 August 2013 on spending detailing the implementation of a number of articles of the Price Law on price appraisal.