Decree No. 20/2006/ND-CP dated February 20, 2006 of the Government detailing the Provisions of the Commercial Law on Provision of commercial assessment services
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, February 20, 2006,
DETAILING THE PROVISIONS OF THE COMMERCIAL LAW ON PROVISION OF COMMERCIAL ASSESSMENT SERVICES
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Trade Minister,
Article 1.- Governing scope
This Decree details the provisions of the Commercial Law on provision of commercial assessment services in the territory of the Socialist Republic of Vietnam.
Article 2.- Subjects of application
This Decree applies to traders providing commercial assessment services which are established under Vietnamese law.
Article 3.- Principles for provision of commercial assessment services
1. Commercial assessment services shall be provided under an agreement between involved parties or at the request of any of parties to a contract relating to goods or services which need to be assessed; or at the request of individuals, organizations or state agencies.
2. Commercial assessment services shall be provided on the principle of independence, objectivity, scientificity and accuracy.
3. It is prohibited to provide commercial assessment services in cases where such services are related to interests of assessing enterprises and assessors.
Article 4.- Competence to perform state management of provision of commercial assessment services
1. The Trade Ministry shall be answerable to the Government for unifying the state management of the provision of commercial assessment services with the following specific management contents:
a/ Promulgating according to its competence or proposing the Government to promulgate, amend or supplement legal documents concerning provision of commercial assessment services;
b/ Guiding and inspecting provincial/municipal Trade Services (Trade and Tourism Services) in registering professional stamps of traders providing commercial assessment services;
c/ Directly inspecting and examining activities of providing commercial assessment services when deeming it necessary;
d/ Building an information system for unified management of registration of professional stamps of traders providing commercial assessment services;
e/ Settling complaints and denunciations and handling acts of violating the provisions of law on provision of commercial assessment services according to its competence.
2. Ministries, ministerial-level agencies and Government-attached agencies shall, within the ambit of their powers, perform the state management over provision of commercial assessment services.
3. Provincial/municipal People's Committees of localities where traders have made their business registration shall guide the registration of professional stamps of traders providing commercial assessment services according to the provisions of this Decree.
Article 5.- Provision of commercial assessment services by foreign traders
1. Foreign traders that establish enterprises for providing commercial assessment services under the law on foreign investment in Vietnam and in compliance with the provisions of treaties to which Vietnam is a contracting party shall be permitted to conduct the assessment and issue assessment certificates according to their business lines stated in their business registration certificates or papers of equivalent validity according to current provisions of law.
2. The provision of commercial assessment services under authorization of foreign traders stipulated in Article 267 of the Commercial Law shall comply with the provisions of Section 3, Chapter II of this Decree.
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