Are traders providing commercial inspection services required to establish a business? What rights and obligations do traders providing commercial inspection services have?

1. What does commercial inspection include?

Pursuant to Article 254 of the 2005 Commercial Law, appraisal services are commercial activities, whereby a trader performs necessary work to determine the actual condition of goods, the results of service provision and other contents at the request of the customer.

According to Article 255 of the Commercial Law 2005 regulates the content of inspection as follows:

Content of inspection

Inspection includes one or several contents about quantity, quality, packaging, value of goods, origin of goods, loss, safety, hygiene standards, epidemic prevention, service performance results, service provision methods and other contents as requested by customers. goods.

Thus, inspection services are commercial activities. Accordingly, a trader performs the necessary work to determine the actual condition of the goods, the results of service provision and other contents as requested by the customer.

And commercial appraisal includes one or several of the following contents:

+ Quantity, quality, packaging, value of goods;

+ Origin of goods goods;

+ Loss of goods;

+ Safety, hygiene standards, disease prevention of goods;

+ Service performance results;

+ Service provision methods;

+ Other contents as requested by customers goods.

2. Are traders providing commercial appraisal services required to establish a business?

Pursuant to Article 256 of the 2005 Commercial Law, regulations on traders providing commercial appraisal services are as follows:

Traders providing commercial appraisal services

Only traders that meet the conditions prescribed by law and are granted a certificate of business registration for commercial appraisal services are allowed to perform appraisal services and issue appraisal certificates.

And, in Article 257 of the 2005 Commercial Law, the conditions for commercial appraisal service business are stipulated as follows:

Article 257 of the 2005 Commercial Law. Business conditions for commercial appraisal services

Traders providing commercial appraisal services must fully meet the following conditions:

1. Is an enterprise established according to the provisions of law;

2. Having a qualified assessor as prescribed in Article 259 of this Law;

3. Able to carry out the process and method of appraisal of goods and services according to the provisions of law, international standards or that have been commonly applied by countries in the appraisal of those goods and services.

Accordingly, only traders that meet the conditions prescribed by law and are granted a certificate of business registration for commercial appraisal services are allowed to perform appraisal services and issue appraisal certificates. regulations.

Traders allowed to conduct business in commercial appraisal services must be enterprises established in accordance with the law.

3. How are the principles for performing commercial appraisal services regulated?

According to Article 3 of Decree 20/2006/ND-CP stipulating the principles for performing appraisal services as follows:

– Commercial appraisal services are performed according to the agreement of the parties or at the request of one of the parties to the contract related to the goods or services that need to be inspected. determination; at the request of individuals, organizations or at the request of state agencies.

– Commercial appraisal services are performed according to the principles of independence, objectivity, science and accuracy.

– Do not perform commercial appraisal services in cases where such commercial appraisal services are related to the interests of the appraisal enterprise and the appraisal enterprise itself. member.

4. Do traders providing commercial appraisal services have the right to request customers to promptly provide necessary documents to perform appraisal services?

According to the provisions of Article 263 of the 2005 Commercial Law on the rights and obligations of traders providing appraisal services as follows:

Rights and obligations of traders providing inspection services

1. Traders providing appraisal services have the following rights:

a) Request customers to provide complete, accurate, and timely documents necessary to perform appraisal services;

b) Receive remuneration for appraisal services and other reasonable expenses.

2. Traders providing appraisal services have the following obligations:

a) Comply with standards and other provisions of law related to appraisal services;

b) Honest, objective, independent, timely appraisal, in accordance with appraisal procedures and methods;

c) Issue appraisal certificates regulations;

d) Pay fines for violations and compensation for damages according to the provisions of Article 266 of this Law.

Accordingly, traders providing commercial appraisal services have the right to request customers to provide complete, accurate, and timely documents necessary to perform appraisal services;

Traders have the obligation to comply with standards and regulations Other provisions of law related to appraisal services.

At the same time, appraisals are honest, objective, independent, timely, in accordance with appraisal procedures and methods.