Latest regulations on procedures for asset valuation in criminal proceedings

(Chinhphu.vn) - The Government issued Decree No. 250/2025/ND-CP dated September 22, 2025 detailing the establishment and operation of the Asset Valuation Council; order and procedures for asset valuation in criminal proceedings.

Latest regulations on procedures for property valuation in criminal proceedings.

The Decree consists of 4 chapters and 32 articles detailing the establishment and operation of the Asset Valuation Council in criminal proceedings (hereinafter referred to as the Asset Valuation Council); the order and procedures for asset valuation in criminal proceedings at the request of competent agencies and persons conducting criminal proceedings when it is necessary to determine the value of assets in cases prescribed by the Criminal Procedure Code.

This Decree applies to agencies and individuals with authority to conduct proceedings that request the establishment of a Property Valuation Council; agencies with authority to establish a Property Valuation Council; agencies and organizations that appoint people and individuals assigned to participate in the Property Valuation Council; other relevant agencies, organizations and individuals.

Cases where assets are not valued

Decree regulating People who fall into one of the following six cases are not allowed to participate in property valuation:

1- At the same time, being a victim, a party; being a representative, a relative of a victim, a party, or of a suspect, defendant, or a person accused or informed of a crime or a person proposed for prosecution.

2- Participated in the valuation or re-valuation of the property being requested for valuation.

3- Participated as a defender, protector of the legal rights and interests of the accused or the person reported for crime or the person proposed for prosecution, witness, expert, interpreter, translator in the case requiring asset valuation.

4- Participated as a litigant in a case requiring property valuation.

5- There is reason to believe that the person may not be impartial in carrying out the valuation.

6- People who are serving Party discipline, discipline against cadres, civil servants and public employees from warning form and above.

In case, during the process of asset valuation, a member of the Asset Valuation Council is disciplined from the form of warning or higher, he/she shall not be allowed to continue participating in asset valuation. The Asset Valuation Council shall continue to conduct asset valuation according to regulations; in case the minimum number of members as prescribed in Clause 3, Article 7 of this Decree is not enough, the Asset Valuation Council shall report to the competent authority to establish the Council to supplement Council members according to regulations.

Procedures for asset valuation

The Decree stipulates the order and procedures for specific asset valuation as follows:

Send and receive requests for property valuation

1. The competent authority conducting the proceedings shall send a written request for asset valuation together with the records and documents related to the request for asset valuation to the regular Asset Valuation Council or the agency requested to establish an Asset Valuation Council at the same level or lower level to conduct the initial asset valuation. In case of re-valuation, the written request for asset valuation together with the records and documents related to the request for asset valuation shall be sent to the agency requested to establish an Asset Valuation Council according to the provisions of Articles 26 and 27 of this Decree.

For cases involving many different assets, before sending a document requesting asset valuation, the competent authority conducting the proceedings is responsible for reviewing and classifying assets to request the establishment of an Asset Valuation Council at the same level or lower level in accordance with the state management function of the industry or field for the assets to be valued.

Documents related to the request for asset valuation include the contents according to Appendix IV issued with this Decree.

2. Upon receiving a request for valuation, the agency requested to establish the Asset Valuation Council shall immediately review the records and documents to clearly determine the valuation request, necessary information related to the assets requested for valuation and the time limit for asset valuation. No later than 10 working days, the agency requested to establish the Asset Valuation Council shall send a written exchange to the agency requesting valuation regarding unclear contents in the documents and records and documents requested for valuation (if necessary).

In case of establishing an Asset Valuation Council, the head of the competent authority establishing the Asset Valuation Council shall be responsible for requesting specialized agencies related to the assets to be appraised to select and appoint people who are knowledgeable about the type of assets to be appraised and have specialized knowledge to participate as members of the Asset Valuation Council according to the provisions of this Decree.

In case of refusal to establish an asset valuation council due to not falling under the cases of establishing an asset valuation council as prescribed in Articles 8, 9, 10 and 11 of this Decree, within 05 working days from the date of receipt of the request for valuation, the agency requested to establish an asset valuation council must notify in writing, clearly stating the reason for refusal to the agency requesting the valuation.

3. After the Asset Valuation Council is established, the time for performing asset valuation is calculated from the time the Asset Valuation Council receives the written request for asset valuation with complete records and documents specified in Clause 1 above.

In case of further need for additional documents, within 05 working days from the date of receipt of the request for valuation, the Asset Valuation Council shall issue a written request to the competent authority conducting the proceedings to fully supplement the necessary documents and records. In this case, the time for performing the valuation shall be calculated from the time the Asset Valuation Council receives the complete documents and records.

4. In case of establishing an Asset Valuation Council under the Prime Minister 's decision, the competent authority conducting the proceedings shall send a written request for valuation to the ministry or ministerial-level agency that established the first-time or re-valuation ministerial-level Asset Valuation Council (for special cases specified in Article 27 of this Decree). Upon receiving a written request for valuation, the ministry or ministerial-level agency shall be responsible for advising and submitting to the Prime Minister for consideration the establishment of an Asset Valuation Council and approving the proposed members in accordance with the characteristics of the assets to be valued for each case if it is a case of establishing an Asset Valuation Council under the Prime Minister's decision before issuing a written request for relevant units to appoint personnel.

The time limit for asset valuation is implemented according to the provisions of Article 216 of the Criminal Procedure Code.

Provide documents and records related to asset valuation requests

1. The competent authority conducting the proceedings shall provide records and documents related to the request for asset valuation as prescribed in Clause 1, Article 18 of this Decree.

2. In case of request for re-valuation of assets, the competent authority conducting the proceedings shall be responsible for providing the agency requested to establish the Asset Valuation Council to re-valuate assets with documents and records of previous valuations and accompanying documents specifically proving the basis and reasons for doubting the results of the valuation and re-valuation of assets.

3. The competent authority conducting the proceedings shall be responsible for providing additional records and documents related to the asset valuation upon receiving the request of the Asset Valuation Council within 05 working days from the date of receipt of the request. In case the request for records and documents cannot be met within the above time limit, the competent authority conducting the proceedings shall send a written document stating the reasons to the Asset Valuation Council and at the same time agree to adjust the deadline for returning the asset valuation conclusion accordingly.

4. All records and documents provided by the competent authority conducting the proceedings to the Property Valuation Council must be originals or copies stamped with a record or sealed (for documents with 02 or more pages) by the competent authority conducting the proceedings.

Asset valuation records

The asset valuation file is prepared by the Asset Valuation Council and includes the following documents:

a) Document requesting asset valuation or document requesting asset revaluation;

b) Decision to establish an Asset Valuation Council according to the form in Appendix I issued with this Decree;

c) Minutes of the Property Valuation Council meeting according to the form in Appendix II issued with this Decree;

d) Conclusion of asset valuation according to the form in Appendix III issued with this Decree;

d) Documents provided by the competent authority conducting the proceedings (stamped or sealed by the authority requesting the asset valuation);

e) Other documents relevant to asset valuation.

The agency of the person with authority to establish the Asset Valuation Council or the agency advising on the establishment of the Asset Valuation Council is responsible for archiving the asset valuation records. The asset valuation records shall be kept for at least 30 years from the date of completion of the valuation, unless otherwise provided by law.

Basis for asset valuation

1. The valuation of assets that are not prohibited goods must be based on at least one of the following bases:

a) Price of assets with transfer or public offering or sale on the market;

b) The price regulated or decided by competent state agencies is the price regulated or decided by the competent state agency in effect at the time of the request for valuation. In case the competent state agency regulates the maximum price, minimum price, or price range, the specific price regulated by the agency or production and business unit at the time of the request for valuation shall apply;

c) Valuation report, Valuation certificate of valuation enterprise; price consultancy report of price consultancy units according to law provisions;

d) The price in legal documents and records of that type of property provided by competent authorities or the agency requesting the valuation;

d) In case one of the above bases cannot be collected, other bases on the assets to be appraised shall be collected, which are information and documents that help determine the price of the assets to be appraised, such as opinions on the value of the assets of competent state agencies or organizations and individuals with knowledge and understanding of assets; statements and documents of parties related to the assets; prices of assets similar to the assets to be appraised in other cases and previously appraised by the Asset Appraisal Council; prices of assets similar to the assets to be appraised collected on the official websites of agencies and organizations in the region and in the world when the Asset Appraisal Council expands price collection in the region and the world.

2. The valuation of assets as prohibited goods must be based on at least one of the following bases:

a) The market price of the property at the time and place where the property is prohibited goods and is required to be appraised or in another locality;

b) Price stated on the contract or sales invoice or import declaration of prohibited goods (if any);

c) Valuation report, Valuation certificate of valuation enterprise; price consultancy report of price consultancy units according to law provisions;

d) Regional or world market price of assets announced or provided with information by competent authorities or organizations.

Competent agencies and organizations in the region and the world are agencies and organizations established and operating under the provisions of the laws of the host country and are allowed to notify, provide information or publicly announce on the official and reputable electronic information pages of these agencies and organizations according to the provisions of the laws of the host country;

d) Listed price, price stated on the contract or sales invoice or import declaration of similar assets permitted for business, circulation and use in Vietnam;

e) Regional and global market prices of similar assets permitted for trading, circulation and use in these markets;

g) Other bases to help determine the value of the property to be appraised are provided by the competent authority conducting criminal proceedings and is responsible for the accuracy and reliability of these bases.

3. In addition to the valuation bases in Clauses 1 and 2 above, the valuation is also based on information and documents specified in the valuation methods specified in Article 23 of this Decree. The prices from the information sources specified in Clauses 1 and 2 above are determined at the time and place of the property requested for valuation.

a) In case at the time of request for valuation, the prices of the assets to be valued or similar assets cannot be collected, the time close to the time of request for valuation but not more than 24 months before the time of request for valuation shall apply. The competent authority conducting the proceedings shall be responsible for clearly stating the time of request for valuation in the document requesting valuation;

b) In case the location requested for valuation cannot collect the prices of the assets to be valued or similar assets, the scope of price information collection shall be expanded according to the principle of selecting and collecting at locations from near to far and with similar market characteristics to the location requested for valuation. In case the prices of the assets to be valued or similar assets within the territory of Vietnam cannot be collected, the price collection shall be expanded in the region and the world on the official websites of agencies, production and business organizations in the region and the world;

c) When collecting prices in the cases specified in Point a and Point b, Clause 3 above, those prices need to be considered for adjustment regarding the time and place of requested valuation based on the asset valuation method decided by the Asset Valuation Council in accordance with the provisions of law.

Snow Letter

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