Hello Lawyers, when you divorce, you can ask for a property valuation. The Property Valuation Council was set up to solve that problem. So about the matter “How is the valuation process in civil cases under Vietnam law?” Let’s find out with LSX in the article below.
Who are the parties in a civil case?
A person with related interests and obligations in a civil case is a person who, although not initiating a lawsuit, is not a claimant or being sued, but when settling a civil case related to civil rights and obligations Therefore, they may propose themselves or the involved parties to propose to include them in the proceedings: or the Court takes the initiative to include them in the proceedings as persons with related interests and obligations.
There are two types of people with related rights and obligations:
Persons with related interests and obligations who have made an independent claim, they participate in the proceedings independently of the plaintiff, defendant or requester; their claim may compel the plaintiff, the respondent, the claimant to perform an obligation towards them. Normally, a person with related interests and obligations participating in an independent litigation has the legal conditions to initiate a civil lawsuit, but due to a civil case that has arisen between the plaintiff, the respondent, or the requester, their interests. associated with the plaintiff, the defendant, or both. Therefore, they must participate in legal proceedings to protect their legitimate rights and interests, otherwise the protection of their legitimate rights and interests may then be more difficult.
Persons with related interests and obligations and non-independent participants in legal proceedings are persons with related interests and obligations whose rights or obligations are attached to the plaintiff, defendant or their interests. requests of the petitioners in civil matters, their participation in the proceedings is more or less dependent on the procedural behavior of the above-mentioned litigants. However, in the course of proceedings, persons with related interests and obligations still have the right to decide issues in their interests.
According to the provisions of the fifth part of the current Civil Procedure Code, there are only petitioners and “relevant persons” in civil matters. The current Civil Procedure Code also does not address the concept of a claimant. However, the concept of requester can be understood as follows:
– Petitioner in civil matter is a procedure participant who makes requests for settlement of civil matters. The petitioner’s participation in the civil proceedings is as active as the plaintiff in the civil case. However, their request is limited to the scope of asking the Court to recognize or not recognize a legal event that gives rise to, changes or terminates his or her rights and obligations or those of an individual or institution. other agencies and organizations; request the Court to recognize their civil, marriage and family, business, commercial and labor rights.
In addition, the following people are referred to as stakeholders:
Defendant of an involved party’s legitimate rights and interests is a person asked by the involved party and accepted by the court to participate in the proceedings to protect the involved parties’ legitimate rights and interests. These people can be lawyers participating in legal proceedings in accordance with the law on lawyers; or are Vietnamese citizens with full capacity to act, have not been convicted or convicted but have had their criminal records expunged. diseases, educational institutions and administrative probation; are not cadres and civil servants in the Courts, Procuracy, and Public Security branches.
Representatives in civil proceedings include legal representatives and authorized representatives. The legal representative specified in the Civil Code is the legal representative in civil proceedings, except for cases where the right of representation is restricted as prescribed by law.
What is property valuation?
Property price appraisal is understood as a method of collecting evidence by the involved parties’ agreement to choose a valuation organization, in order to conduct a review and determine the asset price in a civil case and make a decision. a written legal conclusion on the price to serve as a basis for the settlement of the disputed substantive relationship in the civil case being resolved at the Court.
How is the valuation process in civil cases under Vietnam law?
According to the current Civil Procedure Code, the valuation is carried out according to the following processes:
– The Court that is accepting the case shall issue a decision to establish a price appraisal council, depending on the asset to be valued, the Court will invite relevant parties from agencies and organizations with professional qualifications and qualifications. separate legal status to join the appraisal and valuation council.
– The judge assigned to handle the case issues a notice of valuation to relevant parties including: litigants, representatives of local government agencies.
– Conduct the valuation session, only when the Valuation Council and local government agency are fully present, the judge can conduct the valuation.
– Professional agencies conduct appraisal, measure, evaluate, report back to the Valuation Council, financial agencies will base on specific legal regulations to conduct asset valuation.
– The valuation will be recorded into a Minute by the secretary in the Valuation Council, and after the parties approve the Minutes, they will sign the minutes of asset appraisal and valuation.
According to the information you exchanged, the house is a joint property, but one of the current owners is away, the other owner does not have the keys, the appraisal will be very difficult or impossible.
However, if it can be determined that the other owner intentionally obstructed the appraisal and valuation, the Court may apply the provisions of Article 8 of Resolution No. 02/2020 of the Council of Judges – People’s Court. Supreme People’s Court on the application of urgent measures to temporarily prohibit or force the performance of certain acts in case this affects the settlement of the case, specifically as follows:
“Influencing the settlement of the case is the case where the involved parties or other agencies, organizations or individuals perform or fail to perform one or a number of acts that obstruct the process of collecting documents and evidences or commit acts of violence against them. other acts that make it difficult to solve the case.”
What is the procedure for setting up a Valuation Council?
a) The Valuation Council established by the Court consists of the Chairman of the Valuation Council who is a representative of a financial agency and members who are representatives of relevant professional agencies. The person who has conducted the procedure in that case, the person specified in Article 52 of this Code may not participate in the Valuation Council.
The Valuation Council only conducts the valuation in the presence of all its members. In case of necessity, representatives of the commune-level People’s Committees of the localities where the assets are valued are invited to witness the valuation. The involved parties are notified in advance of the time and place of the valuation, have the right to attend and express their opinions on the valuation. The right to decide on the price of the asset to be appraised belongs to the Valuation Council;
b) Financial agencies and relevant specialized agencies shall appoint people to participate in the Valuation Council and create conditions for them to perform their tasks. The person appointed as a member of the Valuation Council is responsible for fully participating in the valuation. If the financial authority or specialized agency fails to appoint a person to participate in the Valuation Council, the court shall request the competent management agency to directly direct the financial agency or specialized agency to comply with the request of the Court.
c) The valuation must be made in minutes, clearly stating the opinions of each member and involved parties if they attend. The decision of the Valuation Council must be approved by more than half of the total number of members. The members of the Valuation Council, involved parties and witnesses shall sign or point to the minutes.
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Frequently asked questions
The re-valuation of assets shall be carried out in cases where there are grounds to believe that the initial valuation results are incorrect or inconsistent with the market prices where the assets are valued at the time of settlement of the civil case.
The valuation must be made in minutes, clearly stating the opinions of each member and involved parties if they attend. The decision of the Valuation Council must be approved by more than half of the total number of members. The members of the Valuation Council, involved parties and witnesses shall sign or point to the minutes.
The Valuation Council only conducts the valuation in the presence of all its members. In case of necessity, representatives of the commune-level People’s Committees of the localities where the assets are valued are invited to witness the valuation. The involved parties are notified in advance of the time and place of the valuation, have the right to attend and express their opinions on the valuation. The right to decide on the price of the asset to be appraised belongs to the Valuation Council;
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