We need procedures to set up a 100% foreign invested enterprise operating in the field of price appraisal in Vietnam

3:27:47 PM | 10/27/2005

We are a foreign organization in Singapore. We intend to set up a 100% foreign invested enterprise operating in the field of price appraisal in Vietnam. Please let me know if we are permitted to set up the price appraising enterprise in Vietnam, the conditions for setting up and rights, responsibilities of price appraising enterprise?
 
Under the Decree No. 101/2005/ND-CP of the Government on price appraisal, Law on foreign investment in Vietnam and relevant documents, we would like to respond to your question as follows:
1. Conditions for setting up price appraising enterprise:
Foreign organizations are permitted to set up joint venture enterprise or 100% foreign invested enterprise operating in the field of price appraisal in Vietnam if you satisfy the following conditions:
- Having all the conditions for setting up enterprise according to the provisions of Law on foreign investment in Vietnam.
- Having three appraisers or more. The lawful representatives must be price appraisers.
2. The rights and obligations of price appraising enterprise:
a.  Rights of price appraising enterprise
- To request agencies, organizations and individuals that have entered into the price appraisal contracts, agencies and organizations that keep documents relating to assets subject to price appraisal to supply dossiers on, documents and date relating to assets subject to price appraisal (except for secret materials according to the provisions of law)
- To refuse to provide services of price appraisal of assets of organizations or individuals with price appraisal demands when detecting that such assets have insufficient legal conditions;
- To collect price appraisal services charges;
- To joint professional organizations of price appraisal;
- Other rights provided for by law.
b.       Responsibilities of price appraising enterprises
- To comply with the Vietnamese price appraisal standards.
- To take responsibilities before law and the clients for the price appraisal standards;
- To purchase professional liability insurance for price appraising activities, or make appropriations for setting up professional risk provisions.
- To manage professional activities if price appraisers under your management
- To provide price appraisal dossiers and documents at written requests of competent state management agencies;
- To archive dossiers and documents on price appraisers who have conducted;
- To fulfill other obligations as provided for by law.
 
Consulted by InvestConsult Group