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Appraisal of assets to serve the Court, disputes, lawsuits, and inheritance division

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Appraisal of assets to serve the Court, disputes, lawsuits, and inheritance division

When resolving disputes at Court, asset value often directly affects the rights of the parties, court fees, payment obligations, asset division plans and the ability to enforce judgments. Therefore, choosing a valuation business with appropriate qualifications, experience and methods is a very important step.

With over 15 years of experience, Asia Valuation and Auditing Firm LLC Providing asset appraisal services for Courts, lawyers, businesses and litigants nationwide.

1. What cases require valuation to serve the Court?

Services are often used in the following cases:

  • Disputes over land use rights, housing and assets attached to land;

  • Division of inheritance;

  • Division of common property of husband and wife upon divorce;

  • Disputes on sales, transfer or capital contribution contracts;

  • Disputes over capital contribution, shares and enterprise value;

  • Determine damages or compensation obligations;

  • Determine the value of distrained assets or security for judgment enforcement;

  • Appraisal of machinery, vehicles and production lines;

  • Support documents requesting application of temporary emergency measures;

  • Determine the value of the asset at a time in the past.

Good solution for customers: It should be clearly determined whether the Court needs the property value at the present time or at a time in the past. The wrong time of appraisal can cause the results to be inconsistent with the content of the case.

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2. Does the court appoint or does the litigant hire the appraiser himself?

In a civil case, the litigant has the right to provide the property price and can agree to choose a price appraisal organization. When the parties do not agree, there is a request or there are signs of inappropriate price agreement to avoid obligations, the Court can issue a decision on valuation and establish a Valuation Council according to Article 104 of the Civil Procedure Code.

Therefore, there are two ways to do it:

In case the Court chooses or requests a price appraisal

The court sends requests, decisions or documents related to the valuation enterprise. Enterprises receive documents, survey properties, collect data and issue deeds according to the required scope.

In case the litigant or lawyer actively hires

Litigants can proactively hire a valuation business to:

  • Preliminary determination of property value before filing a lawsuit;

  • Prepare documents and grounds to protect rights;

  • Negotiation, mediation or property division;

  • Provide additional documents for the Court to consider;

  • Compare when you think the existing valuation results are not appropriate.

The fact that the litigant hired himself does not mean that the Court is required to accept the entire result. The court will evaluate the deed and other documents and evidence in the case file.

Best solution: If the case has been accepted by the Court, the customer should discuss in advance with the lawyer or Judge in charge about the purpose of appraisal, when the price needs to be determined and the business intends to choose. This method helps limit deed making but is not consistent with litigation requirements.

3. Who can conduct property appraisal?

Valuation must be performed by Price appraisal enterprises are qualified to conduct business in price appraisal services and the appraiser meets the conditions for practice according to the provisions of the Price Law.

Customers should check:

  • Legal status of the enterprise;

  • Certificate of eligibility to conduct business in price appraisal services;

  • List of practicing appraisers;

  • Experience with the type of asset to be valued;

  • Ability to survey and collect market data;

  • Contract content, scope of work and completion deadline.

Note for customers: Price consultation reports, online valuation results or broker opinions can be used for reference, but do not replace a valuation certificate issued in accordance with regulations when the file requires an official valuation result.

4. What is the value of an appraisal certificate?

According to the Price Law 2023, the valuation report and certificate are used as one of the bases for customers and related parties to consider and decide according to the purpose of appraisal, type of asset, time and conditions stated in the deed.

Certificate of valuation:

  • Does not automatically supersede the Court's decision or ruling;

  • The Court is not automatically forced to accept the result;

  • Only used for the specified purpose;

  • Attached to the property and specific appraisal time;

  • Considered along with legal records, evidence and other documents;

  • Updates or re-appraisals may be needed if markets fluctuate or assets change.

The validity period must be specifically stated in the report and deed, based on property characteristics, appraisal purposes, market conditions and specialized regulations. Normally, this deadline is not exceeded 6 months from release date, but customers must check the deadline stated on the specific deed.

Good solution for customers: An appraisal should not be done too early if the conference, mediation or trial is far away. Expired deed may require survey, data update or re-appraisal.

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5. Process of performing price appraisal to serve the Court

Step 1: Receiving the need

Customers provide information about the case, asset type, location, purpose and time when value needs to be determined.

Step 2: Check your profile

Enterprises check land use rights certificates, drawings, construction permits, machinery records, business registration or related documents.

Step 3: Determine scope and quote fees

The two parties agree on the assets to be appraised, the purpose of use, time of appraisal, completion time and implementation costs.

Step 4: Sign the contract and conduct an actual survey

Appraisers survey the current condition, location, size, quality and factors affecting the value of the property.

Step 5: Collect and analyze information

Enterprises collect market data, choose appropriate appraisal methods and perform analysis and adjustment steps.

Step 6: Issue reports and deeds

The results are controlled before releasing the valuation report and valuation certificate.

Step 7: Support for explanation

When there is an appropriate request, businesses coordinate to explain the basis, methods and data used within the scope of the completed documents.

Best solution: Customers should provide complete documents from the beginning and arrange for people with access to the property to participate in the survey. Delays in surveying or missing documents can delay progress.

6. Customer profile should be prepared

For real estate, documents usually include:

  • Certificate of land use rights and assets attached to land;

  • Citizen identification of the property owner or requester;

  • Excerpts, current status drawings or technical records;

  • Construction and completion permits, if any;

  • Contract of sale, transfer or lease;

  • Court documents, petitions or documents expressing the content of the dispute;

  • Images and information about the current state of the property.

For businesses, machinery or vehicles, additional ownership records, invoices, accounting records, technical specifications and usage status are required.

If there are not enough documents, customers can still submit existing documents in advance for additional instructions.

7. How long does it take?

Usual time from 5–20 business days, counted from when:

  • The two sides agree on the scope of work;

  • Contract is signed;

  • Customers provide all necessary documents;

  • The property qualifies for survey.

Simple records, assets with clear information and easy surveys can be completed sooner. Records with many assets, assets in many provinces, need to determine past prices or have limited information will require more time.

To do it quickly: Customers should submit electronic documents in advance, provide a contact person at the property and clearly notify the deadline the Court requires to submit the results.

8. Expenses for appraisal of disputed assets

A preliminary fee framework may be considered from 15,000,000 VND/file, depending on:

  • Type and value of property;

  • Number of assets;

  • Location and scope of survey;

  • Complexity of legal documents;

  • Current or past appraisal date;

  • Availability of market data;

  • Time and explanation requirements.

Official fees will only be confirmed after checking documents. Cases involving multiple real estate or assets in multiple provinces will have their own fee plan developed.

Economical solution: Customers should correctly identify the list of assets that actually need appraisal, avoid requesting appraisal of assets that are not directly related to the content of the dispute.

9. Valuation for temporary emergency measures

In some cases, customers may need to determine the value of assets to support a request for blockade, distraint, prohibition of transfer or application of other temporary emergency measures.

Appraisal results help clients and lawyers refer to asset values, estimate the scope of requirements and prepare security plans. However, whether or not to apply temporary emergency measures, the scope of application and the security obligation fall under the Court's jurisdiction to consider.

Best solution: Contact the valuation business as soon as the need arises, and discuss with a lawyer about application deadlines and warranty requests to avoid delays.

10. How to make documents most effectively for customers

To save time and protect your rights, customers should:

  1. Send court documents or dispute content right from the beginning;

  2. Identify the right property and when it needs to be appraised;

  3. Provide full legal documents and current status information;

  4. Do not self-repair or hide unfavorable information about the property;

  5. Agree in advance with the lawyer on the purpose of using the deed;

  6. Arrange early property survey;

  7. Check the deadline for submitting the deed to the Court;

  8. Request a written quote of fees, schedule and scope of work;

  9. Update prices if the deed expires or the market fluctuates greatly.

Why should you choose Asian Valuation and Auditing Firm?

  • More 15 years of experience in the field of valuation;

  • Prepare many documents to serve the Court, lawyers and litigants;

  • Experience in Ho Chi Minh City, Hanoi, Da Nang, Can Tho and many provinces;

  • Get appraisals of real estate, machinery, businesses and many types of assets;

  • Clear process, information security;

  • Implementation time is 5–20 days;

  • Costs are optimized for each profile;

  • Support customers in the process of completing and explaining documents.

Contact valuation consultants to serve the Court

ASIA VALUATION AND AUDITING FIRM LIMITED

Free tool to support checking real estate information

In addition to the official price appraisal service, customers can proactively consult real estate information using our free tools. DatNgop.com:

The above tools help customers preliminary check the location, administrative unit and land price information before submitting appraisal documents. Online results are for reference only and do not replace official appraisal reports and certificates used in Court records.

Combining online data, actual surveys, legal documents and appropriate valuation methods makes the document processing process more transparent, convenient and time-saving for customers.

Contact for valuation to serve the Court and disputes

ASIA VALUATION AND AUDITING FIRM LIMITED

  • Office phone: 028 6674 3333

  • Hotline: 0946 606 208

  • Supported phones: 0813 307 006

  • Supported phones: 0906 915 002

  • Deputy General Director – Mr. Hide: 0945 009 002

  • Website: https://dinhgiaav.com

Customers can send documents, property images and Court documents in advance via phone or Zalo. We will preliminarily check the documents, advise on implementation plans, estimate time and quote appropriate fees before signing the contract. Customers can send documents in advance by phone or Zalo to check documents, advise on the process, estimate time and quote appropriate fees.

Keywords: Court valuation · disputes · lawsuits · inheritance division

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