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Deputy Director General Luu Manh Tuong speaks at the working session. Photo: T.B

Earlier, on July 28, the National Steering Committee 389 issued official dispatch No. 82/BCD389 - VPTT on reviewing and handling difficulties and obstacles in the fight against smuggling, trade fraud and fake goods.

Following the direction of the National Steering Committee 389, the Ministry of Finance has actively and proactively reviewed and handled difficulties, problems and proposals in the fight against smuggling, trade fraud and counterfeit goods related to documents developed and promulgated by the Ministry of Finance.

Notably, the problems related to regulations on hiring price appraisal companies to implement asset valuation as per Point b, Clause 1, Article 10, Decree 30/2018/ND-CP amended and supplemented in Clause 3, Article 1 of Decree 97/2019/ND-CP), however, the guiding document has not been issued, causing difficulties for the assessment.

Regarding this problem, the Ministry of Finance said that current regulations (Clause 3, Article 1, Decree No. 97/2019/ND-CP dated December 23, 2019; Clause 1, Article 2, Circular No. 58/2016/TT -BTC dated March 29, 2016 and regulations on special cases when hiring a price appraisal company specified in Decree 97/2019/ND-CP) have sufficient legal basis to hire the price appraisal company to asset valuation in criminal proceedings.

The working session. Photo: T.B

In addition, the hiring a price appraisal company to perform asset appraisal is the right of the Valuation Council if there need additional grounds to decide asset prices, and it is not a mandatory requirement to implement asset valuation by the Valuation Council.

In addition, the price assessment for prohibited goods is prescribed in Clause 2, Article 15 of Decree No. 30/2018/ND-CP dated March 7, 2018 and detailed instructions in Clause 3, Article 8 of Circular No. 30/2020/TT-BTC April 17, 2020.

Article 17 of Decree No. 30/2018/ND-CP provides detailed regulations on asset valuation methods. At the same time, the Ministry of Finance has fully issued 13 valuation standards.

Therefore, based on the practical requirements of the asset valuation case, the actual conditions of surveying and collecting information related to the assets to be valued, the Valuation Council will select the basis for valuation in line with provisions in Article 15 and the asset valuation method in Article 17 of Decree No. 30/2018/ND-CP to implement the valuation in line with provisions.

Regarding problems with asset auctions (stipulated in Decree 151/2017/ND-CP dated December 26, 2017), the Ministry of Finance has developed and submitted to the Government a draft Decree amending and supplementing a number of articles of Decree No. 151/2017/ND-CP, which added the regulation as saying that “the agency assigned to implement the sale of assets is responsible for determining the cause of the failed auction; If the cause for the high starting price is determined, the head of the agency will consider and decide on redefining the starting price to reorganize the auction”.

The Ministry of Finance has directed enforcement units to instruct and answer problems related to the implementation of Decision No. 20/2016/QD-TTg dated May 11, 2016 of the Prime Minister stipulating financial support for anti-smuggling, trade fraud, counterfeit goods and payment of expenses, management of confiscated assets under regulations on anti-smuggling, trade fraud, counterfeit goods and circulars of the Minister of Finance (Circular 19/2015 /TT-BTC dated February 3, 2015; Circular 16/2017/TT-BTC dated February 28, 2017 detailing a number of articles of Decision No. 20/2016/QD-TTg dated May 11, 2016 ; Circular No. 57/2018/TT-BTC dated July 5, 2018 guiding the implementation of a number of articles of Decree No. 29/2018/ND-CP...).

At the working session on June 19, representatives of units of the Ministry of Finance and the Standing Office of the National Steering Committee 389 continued to discuss and remove remaining difficulties and problems.