7. Thời hạn có hiệu lực của kết quả thẩm định giá Thời hạn hiệu lực của kết quả thẩm định giá trong Chứng thư tính từ ngày phát hành là: 06 (sáu) tháng, theo quy định của pháp luật.
8. Những điều khoản loại trừ và hạn chế
Xem chi tiết tại Phụ lục số 03 kèm theo.
SUGGESTED TRANSLATION:
PRICE APPRAISAL REPORT Information about the Appraisal Company:
Name of the Appraisal Company:
Address: Basic information about the appraisal 2.1. Customer requesting the appraisal:
2.2. Contract for asset appraisal:
2.3. Appraised assets:
2.4. Location of the appraisal:
2.5. Time of the appraisal:
2.6. Purpose of the appraisal: To assist the Investor in establishing the value of assets to demonstrate financial capacity according to current regulations and to prepare financial reports in compliance with international accounting standards.
2.7. Sources of information used in the appraisal process:
Information collected from actual surveys and processing of information related to the appraised assets based on the appraiser's experience.
2.8. Legal basis for the appraisal:
2.8.1. Legal documents on appraisal:
Based on the Law on Prices No. 11/2012/QH13 passed by the National Assembly of the Socialist Republic of Vietnam on June 20, 2012;
Based on Decree No. 89/2013/NĐ-CP of the Government dated August 6, 2013, regarding "Detailed regulations for the implementation of some provisions of the Price Law on Appraisal";
Based on Circular No. 38/2014/TT-BTC dated March 28, 2014, of the Ministry of Finance guiding some articles of Decree No. 89/2013/NĐ-CP
dated August 6, 2013, of the Government on detailed regulations for the implementation of some provisions of the Price Law on Appraisal;
Based on Circular No. 25/2014/TT-BTC dated February 17, 2014, of the Ministry of Finance regulating the appraisal methods applicable to goods and services;
Based on Circular No. 158/2014/TT-BTC dated October 27, 2014, of the Ministry of Finance issuing Vietnamese Appraisal Standards No. 01, 02, 03, 0 Based on Circular No. 28/2015/TT-BTC dated March 6, 2015, of the Ministry of Finance issuing Vietnamese Appraisal Standards No. 05, 06, 07;
Based on Circular No. 126/2015/TT-BTC, dated August 20, 2015, of the Ministry of Finance, regarding the issuance of Vietnamese Appraisal Standards No. 08, 09, 10. Specifically:
Standard No. 09: Cost approach.
2.8.2. Legal documents on construction:
- Law on Construction No. 16/2003/QH11 dated November 26, 2003;
- Amended and supplemented Law No. 38/2009/QH12 dated June 19, 2009, on some articles of laws related to basic construction investment;
- Decree No. 12/2009/NĐ-CP dated February 12, 2009, of the Government on the management of construction investment projects;
- Circular No. 03/2009/TT-BXD dated March 26, 2009, detailing some contents of Decree No. 12/2009/NĐ-CP dated February 12, 2009, of the Government on the management of construction investment projects;
- Decree No. 83/2009/NĐ-CP dated October 15, 2009, of the Government amending and supplementing some articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009, of the Government on the management of construction investment projects;
- Decree No. 112/2009/NĐ-CP dated December 14, 2009, of the Prime Minister on the management of construction investment costs;
- Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Prime Minister on the management of construction quality;
- Decree No. 49/2008/NĐ-CP dated April 18, 2008, of the Prime Minister amending and supplementing some articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004;
- Circular No. 27/2009/TT-BXD dated July 31, 2009, guiding some contents on Quality Management of Construction Works;
- Decree No. 15/2013/NĐ-CP dated February 6, 2013, of the Government on the management of construction quality;
- Circular No. 10/2013/TT-BXD dated July 25, 2013, of the Ministry of Construction detailing some contents on the management of construction quality and Circular No. 09/2014/TT-BXD dated July 10, 2014, of the Ministry of Construction amending and supplementing some articles of Circulars guiding Decree No. 15/2013/NĐ-CP dated February 6, 2013, of the Government on the management of construction quality;
- Circular No. 04/2014/QĐ-BTC dated January 2, 2014, of the Ministry of Finance on regulating the process of reviewing the final settlement of investment capital for completed projects using state budget capital;
- Decision No. 957/QĐ-BXD dated September 29, 2009, of the Ministry of Construction on announcing the cost norms for project management and consultancy investment in construction works;
- Circular No. 04/2010/TT-BXD dated May 26, 2010, guiding the preparation and management of investment costs for construction works;
Construction estimate of construction works No. 1776/BXD-VP dated August 16, 2007, of the Ministry of Construction;
Installation estimate of construction works No. 1777/BXD-VP dated August 16, 2007, of the Ministry of Construction;
- Decision No. 2289/QĐ-NLDK dated July 12, 2005, of the Ministry of Industry on issuing installation norms for hydroelectric projects;
- Decision No. 2519/QĐ-BCN dated July 24, 2007, of the Ministry of Industry on issuing unit prices for manufacturing mechanical equipment for some hydroelectric projects;
- Document No. 3234/BCT-NLDK dated November 22, 2007, of the Ministry of Industry on adjusting and supplementing the list of unit prices for mechanical equipment manufacturing work;
- Decision No. 43/QĐ-SXD dated March 18, 2013, of the Department of Construction of Quang Nam Province on Announcing Construction Price Indexes for July, August, September, and the 3rd Quarter of 2012;
- Decision of the Department of Construction of Quang Nam Province on Announcing Construction Price Indexes for January, February, March, and the 1st Quarter of 2013;
- Decision No. 130/QĐ-SXD dated December 15, 2016, of the Department of Construction of Quang Nam Province on Announcing Construction Price Indexes for July, August, September, the 3rd Quarter of 2016.
2.8.3 Other related legal documents:
- Circular No. 127/2014/TT-BTC dated September 5, 2014, of the Ministry of Finance regarding guidance on financial handling and determining the enterprise value when converting 100% state-owned enterprises into joint- stock companies;
- Circular No. 45/2013/TT-BTC dated April 25, 2013, of the Ministry of Finance guiding the management, use, and depreciation regime of fixed assets;
- Circular No. 162/2014/TT-BTC dated November 6, 2014, of the Ministry of Finance regulating the management regime, depreciation calculation of fixed assets in state agencies, public non-business units, and organizations using state budget;
- Decision No. 1129/QD-BXD dated December 22, 2010, regarding guidance on converting construction investment costs into land prices at the time of handover for operation.
Based on the results of collecting and processing information related to asset valuation.
Information about asset valuation Refer to Appendix No. 02 for details.
Basis of asset valuation Based on the purpose and characteristics of the assets being valued, the Valuation Team proposes to choose the basis of "market value" and "non- market value" for valuation.
- “Market value is the estimated price of an asset at the time and place of valuation, between a willing buyer and a willing seller, in an objective, independent transaction, with sufficient information, where the parties act with understanding, caution, and without coercion. Where:
- The time and place of valuation correspond to the specific time and space associated with factors such as supply, demand, market sentiment, and purchasing power in the market.”
- A willing buyer is someone capable of payment and in need of purchasing the asset at the best possible price in the market.
- A willing seller is someone who owns the asset legally and wants to sell it at the best possible price in the market.
- An objective, independent transaction with sufficient information is a transaction between parties without special relationships affecting the asset transaction price, and the parties have enough time to survey and access full information about the asset and the asset market after appropriate marketing processes.
(Valuation Standard 01) - “Non-market value is the estimated price of an asset at the time and
place of valuation, not reflecting the market value but based on the economic and technical characteristics, functions, uses of the asset, the benefits it brings during use, the value for certain special buyers, the value when trading under restricted conditions, the value for certain special valuation purposes, and other values that do not reflect market value. Non-market value includes:
forced sale value, special value, investment value, tax value, or other values, specifically:
- Forced sale value is the total amount received from selling the asset under conditions where the transaction time is too short compared to the normal time needed to conduct a market value transaction, the seller is not ready to sell or sells involuntarily. The prices in such asset sales are called forced sale values, not reflecting market value.
- Special value is the value of an asset with special characteristics that only attract the attention of specific buyers or special users. Special value can be formed by the location, nature, economic and technical characteristics, legal factors, and other special factors of the asset. Special value includes:
value of assets in use, value of assets with limited market, specialized asset value, and other special values.
- The value of assets in use is the non-market value considered from the perspective of a single user for a specific purpose, thus unrelated to the market. When valuing this type of asset, the valuer mainly focuses on the participation, contribution of the asset to the operation of a production line, an enterprise, or another asset without considering the aspects of the best, optimal use value of the asset, or the amount that can be obtained from selling the asset on the market.
- The value of assets with limited market is the value of the asset due to its uniqueness, or due to market conditions, or due to other factors that make the asset less attractive to buyers at a certain point in time. The important distinguishing feature of this type of asset is not that it cannot be sold in the