Legal validity of assessment certificates with respect to assessment requesters

Article 261.- Legal validity of assessment certificates with respect to assessment requesters

Set-up-company-in-vietnam-Vinasc2Assessment certificates shall be legally binding on assessment requesters in cases where they cannot prove that assessment results are non-objective, untruthful or obtained with technical or professional errors.

Article 262.- Legal validity of assessment certificates with respect to contractual parties

1. Where contracting parties agree on the use of an assessment certificate issued by a particular trader providing assessment services, such assessment certificate shall be legally binding on all the parties if they cannot prove that the assessment results are non-objective, untruthful or obtained with technical or professional errors.

2. Where contractual parties do not agree on the use of an assessment certificate issued by a particular trader providing assessment services, such assessment certificate shall only be binding on the party requesting the assessment according to Article 261 of this Law. The other contractual party shall have the right to request re-assessment.

3. If a re-assessment certificate is inconsistent with the original assessment certificate:

a/ Where the trader providing assessment services and issuing the original assessment certificate accepts the results stated in the re-assessment certificate, such results shall be legally binding on all the parties;

b/ Where the trader providing assessment services and issuing the original assessment certificate does not accept the results stated in the re-assessment certificate, the parties shall agree to select another trader providing assessment services to perform the re-assessment for the second time. The results of the second-time re-assessment shall be legally binding on all the parties.

Article 263.- Rights and obligations of traders providing assessment services

1. Traders providing assessment services shall have the following rights:

a/ To request customers to supply in a sufficient, accurate and timely manner necessary documents for performance of assessment services;

b/ To receive assessment service charges and other reasonable expenses.

2. Traders providing assessment services shall have the following obligations:

a/ To observe the standards and other relevant provisions of law on assessment services;

Set-up-company-in-vietnam-Vinasc1b/ To perform the assessment in an honest, objective, independent, timely manner and according to the assessment procedures and methods;

c/ To issue assessment certificates;

d/ To pay violation fines and/or damages according to the provisions of Article 266 of this Law.

Article 264.- Rights of customers

Unless otherwise agreed, customers shall have the following rights:

1. To request traders providing assessment services to perform the assessment according to the agreed contents;

2. To request re-assessment if they have sound reasons to believe that traders providing assessment services fail to properly satisfy their requirements or perform the assessment in an untruthful and non-objective manner or with technical and professional errors;

3. To request payment of fines or damages according to the provisions of Article 266 of this Law.