Thông tư 33/1999/TT-BTM hướng dẫn Nghị định 20/1999/NĐ-CP về kinh doanh dịch vụ giám định hàng hoá do Bộ Thương mại ban hành

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.20/1999/ND-CP OF APRIL 12, 1999 ON THE PROVISION OF GOODS-ASSESSMENT SERVICES

Pursuant to the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on the provision of goods-assessment services, which is hereinafter referred to as Decree No.20/1999/ND-CP for short, the Ministry of Trade hereby guides a number of specific points for uniform implementation as follows:

I. SUBJECTS ELIGIBLE AND CONDITIONS FOR GOODS-ASSESSMENT SERVICE PROVISION

1. Eligible subjects

Only the following subjects are eligible for goods-assessment services provision:

a/ Vietnamese enterprises of all economic sectors which are granted by the competent agency(ies) business registration certificates for the provision of goods-assessment services;

b/ Foreign-invested enterprises which are granted by the competent agency(ies) investment licenses for the provision of goods-assessment services;

c/ Branches of foreign assessment companies which are granted by the competent agency(ies) permits for their establishment in Vietnam to provide goods-assessment services.

Subjects doing business in the provision of goods-assessment services according to Clauses a, b and c above, shall be hereinafter referred to as the goods-assessment service providers.

2. Business conditions

Goods-assessment service providers must fully meet the following conditions:

a/ Being enterprises established under the provisions of law;

b/ Being enterprises specialized in the goods-assessment service provision, not belonging to the organizational structure of other enterprises which are not specialized in the goods-assessment service provision.

II. BUSINESS SCOPE AND PRINCIPLES FOR THE GOODS-ASSESSMENT OPERATIONS

1. Business scope

The business scope of goods-assessment service providers shall be as follows:

a/ Vietnamese enterprises engaged in the goods-assessment service business shall conduct the assessment and issue goods-assessment certificates according to the fields stated in their business registration certificates;

b/ Foreign-invested enterprises engaged in the goods-assessment service business shall conduct the assessment and issue goods-assessment certificates according to the fields stated in their investment licenses;

c/ Branches of foreign goods-assessment companies shall conduct the assessment and issue goods-assessment certificates according to the fields stated in the permits for setting up branches in Vietnam.

2. Principles for goods-assessment operations

Goods assessment operations shall be conducted according to the following principles:

a/ Goods-assessment service providers shall conduct the assessment and issue goods assessment certificates in the following cases:

- They are requested by the parties to goods purchase/sale contracts to assess goods;

- They are requested by one or several parties to goods purchase/sale contracts to assess goods;

- They are requested by individuals or organizations to assess goods;

- They are requested by the competent State body(ies) to assess goods for performance of official duty(ies).

b/ The goods assessment must be conducted according to the appropriate professional and technical procedures and ensure the independence, neutrality, objectiveness, scientism and accuracy.

c/ Goods-assessment service providers must not assess and issue assessment certificates for goods which are related to their own rights and economic interests.

Assessors must not assess goods related to their own rights and economic interests.

III. ASSESSMENT OF GOODS ON THE LIST OF GOODS SUBJECT TO THE STATE QUALITY INSPECTION

1. For goods on the list of goods subject to the State quality inspection, the goods owners shall have to request goods-assessment service providers to conduct the goods assessment according to the State quality inspection contents and pay assessment charges.

2. In cases where the parties to purchase/sale contracts agree to request goods assessment and the contents and results stated in assessment certificates conform to the State�s regulations on goods on the list of goods subject to the State quality inspection, such assessment certificates shall be valid as those issued at requests for the State quality inspection.

IV. GOODS ASSESSMENT AT REQUESTS OF THE COMPETENT STATE BODIES FOR PERFORMANCE OF OFFICIAL DUTIES

1. When requesting assessment of goods related to the performance of its official duty, a competent State body shall select a goods assessment service provider to conduct the assessment, and shall pay the assessment charge.

Goods-assessment service providers conducting the goods assessment at State bodies’ requests for performance of their official duties must be enterprises which fully meet the conditions and criteria set by the competent State body(ies) according to provisions of Clause 3, Article 16 of Decree No.20/1999/ND-CP.

2. In cases where goods owners do not recognize the result stated in assessment certificates, they may request an arbitration organization to designate another assessment service providing enterprise as specified in Clause 1 of this Section to re-assess the goods. The assessment results of the assessment service providing enterprise designated by the arbitration shall be the final one. The arbitration fee shall be paid by the assessment requesting party.

V. AUTHORIZATION OF GOODS ASSESSMENT

1. A goods-assessment service provider may authorize another assessment service provider to perform the goods assessment. The assessment authorization shall be effected according to the agreement between the authorizer and the authorized.

2. Where a foreign goods-assessment organization that has not yet been licensed to operate in Vietnam is requested to conduct the goods assessment in Vietnam, such foreign assessment organization shall have to authorize an assessment service provider specified in Clause 1, Section I of this Circular to perform the goods assessment. The assessment authorization shall be effected according to the agreement between the authorizer and authorized.

VI. CRITERIA FOR ASSESSORS; SIGNATURES AND SEALS IN GOODS-ASSESSMENT CERTIFICATES

1. Criteria for assessors

a/ Criteria for assessors shall comply with Clause 1, Article 7 of Decree No.20/1999/ND-CP.

b/ For persons who had worked as assessors for 5 years or more before the effective date of Decree No.20/1999/ND-CP, the directors of goods-assessment service providers may issue decisions to recognize such persons as assessors.

2. Signatures and seals in goods-assessment certificates

a/ The assessment certificate must contain signatures of the competent representative of the goods-assessment service provider and the assessor with their full names clearly inscribed.

b/ The signature of the competent representative of the goods-assessment service provider must be put on the bottom right of the assessment certificate, while that of the assessor on the bottom left of the assessment certificate.

c/ The seal on the assessment certificate must be the professional one already registered by the provider at the competent police office and affixed on the signature of the competent representative of the goods-assessment service provider and shall be valid only for assessment certificates issued by the provider.

The above-said professional seal is in rectangular shape, 6 cm long and 2 cm wide, with the inscription "on behalf of the company" on the upper part, the logo (if any) and trade name of the goods assessment service provider on the lower part.

VII. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its signing.

2. Every six months, before July 15 each year and before January 15 of the following year, goods-assessment service providers shall have to send written reports on their operations to Trade Services of provinces or cities where they are headquartered for the latter’s sum-up reports to the Ministry of Trade according to Article 5 of Decree No.20/1999/ND-CP.

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