Chương IV Nghị định 29/2018/NĐ-CP: Quản lý tài chính trong xử lý tài sản được xác lập quyền sở hữu toàn dân

Chapter IV

FINANCIAL MANAGEMENT IN DISPOSAL OF PROPERTY ELIGIBLE TO BE UNDER THE ESTABLISHED ALL-PEOPLE OWNERSHIP

Article 29. Spending amounts associated with disposal of property eligible for the established all-people ownership

1. Expenses related to the management and disposal of exhibits and means committing administrative violations that must be confiscated, and expenses related to criminal-case property subject to an administrative action taken in the form of confiscation, shall conform to regulations of the Ministry of Finance providing instructions on implementation of certain tasks of management and disposal of exhibits and means committing administrative violations that are temporarily seized or impounded according to administrative procedures.

2. Expenses related to the management and disposal of exhibits in legal cases, property of the convicted which is confiscated; property in legal proceedings against administrative violations moved to being subject to criminal procedures, which is confiscated; other property eligible for being put under the established all-people ownership (exclusive of expenses related to the exploration, excavation, salvage and disposal of the buried, concealed or sunken property), including:

a) Costs of transportation and storage of property; costs of testing, assessment and valuation of temporarily retained property; spending on payment of compensation for loss or damage occurring for objective reasons (if any), which are calculated until the date of receipt of the decision on approval of the plan for disposal of property from the competent entity or person. In case where the entity receiving and keeping custody of property has been given the State’s support for warehouses, storage facilities, means of transport or the State’s subsidy for regular costs, it shall not be liable for costs related to the transportation and storage of such property.

b) Costs of delivery, receipt, loading, unloading, shipping and storage of property calculated from the date of grant of the decision on approval of the plan for disposal of property by the competent entity to the date of completion of disposal of property.

c) Costs arising from the process of disposal of property: Costs of determination of the starting bid; spending on hiring of property assessment and repair services in case the property needs to be repaired before sale of such property; spending on remedy for damage or loss of property due to objective causes; payment of charges for the auctioning service to the auction organizer and property auctioning costs.

d) Import duty, VAT, special consumption tax (if any) if the property that is temporarily imported and re-exported obtains permission for official import from the competent entity or person.

dd) Fees and charges (if any).

e) Costs incurred from care and rescue of wild animals before being handled under the decision of the competent entity or person.

g) Costs of elimination of property.

h) Spending on giving rewards to organizations or individuals spotting and handing in dropped or negligently left property, e.g. historical - cultural relics, national treasure, antiques or property related to the national defence and security sector.

i) Other associated spending amounts.

3. Spending amounts related to the exploration, excavation, salvage and disposal of the buried, concealed or sunken property and handling other property, shall comprise:

a) Costs of exploration, excavation, salvage and assessment of the buried, concealed or sunken property. If the cost of exploration, excavation, salvage and assessment of the buried, concealed or sunken property according to the approved plan is paid in kind by using the excavated or salvaged property, the competent entity or person approving the plan for excavation or salvage of the buried, concealed or sunken property shall make a decision on such payment in kind.

b) The cost of transportation and storage of the discovered property during the period of awaiting the decision on disposal of such property from the competent entity or person, and the cost of transportation and storage of the property, paid to organizations or individuals randomly spotting and handing in such property.

c) The cost of disposal of property (cost of notification of search for owners, cost of handover of property, cost of elimination of property and cost of valuation and auctioning of property).

d) Taxes, fees and charges (if any).

dd) Spending on payment of rewards to organizations or individuals spotting the property;

e) Cost of the overseas auction of relics or antiques. Auctioning cost (e.g. auctioneer commission) paid on a lump-sum basis at the percentage rate of total sum earned from the property auction, including:

- Cost of packaging, cost of transportation from Vietnam to a foreign country and cost of transportation from the storage facility to the auction venue;

- Cost of insurance for objects put up for auction;

- Cost of rental of facilities for storage of objects abroad;

- Taxes, fees, charges in Vietnam and abroad (if any);

- Cost of advertising and communication; cost incurred from conducting an auction;

- Cost of handling of disputes (if any); other costs related to the transportation and auction in a foreign country.

The percent rate of the auction cost shall be agreed upon between parties to the contract for entrustment of auction with reference to auctioning costs (inclusive of auctioneer commissions) in auctions already taking place.

g) Other associated rational costs.

4. Making the payment of the portion of value of property to the organization or individual spotting and handing in the buried, concealed or sunken property or the dropped or negligently left property.

Article 30. Spending amounts

1. As for those spending amounts already specified in standards, norms or regulations adopted by the competent entity or person, these standards, norms and regulations shall be observed.

2. As for those spending amounts that have not yet been specified in standards, norms or regulations adopted by the competent entity or person, the Head of the entity authorized to preside over disposal of property shall decide and bear responsibility for his/her decision on specific spending amounts provided that they are relevant to funding capability and actual conditions.

3. Expenses for buying information, reasonable and legitimate costs incurred from handling of violations against criminal laws arising from anti-smuggling, prevention of trade fraud and counterfeit goods shall be subject to regulations of the Ministry of Finance on the management and use of revenues gained from handling of law violations in the field of prevention and control of smuggling, trade fraud and counterfeit goods.

4. As for property in administrative cases moved to being subject to criminal sanctions or vice versa, costs of transportation and storage of property arising before handover of such property shall be charged into regular expenses of the entity keeping custody of property; other spending amounts shall be covered by funding sources intended for disposal of property as provided in Article 31 herein.

5. Rate or amount of reward paid to the organization or individual spotting and handing in the buried, concealed or sunken property or the dropped or negligently left property

a) Organization or individual shall be rewarded in the following cases:

- Randomly spotting and handing in the buried, concealed or sunken property or the dropped or negligently left property, including historical – cultural relics, national treasure, remains, antiques and property related to the national defence and security sector;

- Detecting and providing correct information about in the buried, concealed or sunken property or the dropped or negligently left property.

b) Rates of reward paid in specific cases shall be as follows:

- If the organization or individual randomly spots and hands in the buried, concealed or sunken property or the dropped or negligently left property, including historical – cultural relics, national treasure, remains, antiques and property related to the national defence and security sector, rates of reward shall be calculated according to the partially regressive method as follows:

+ As for part of value of property worth up to 10 million dong, the rate of reward shall be 30%;

+ As for part of value of property worth from above 10 million dong to 100 million dong, the rate of reward shall be 15%;

+ As for part of value of property worth from above 100 million dong to 1 billion dong, the rate of reward shall be 7%;

+ As for part of value of property worth from above 1 billion dong to 10 billion dong, the rate of reward shall be 1%;

+ As for part of value of property worth 10 billion dong or above, the rate of reward shall be 0.5%;

Value of property retained for payment of reward shall be determined after expenses specified in clause 3 of Article 29 herein have already been taken away.

- In case the organization or individual spots and provides correct information about the buried, concealed or sunken property or the dropped or negligently left property already discovered, which are cultural – historical relics, national treasure, remains, antiques or property related to the national defence and security sector, the rate of reward shall be equal to 50% of respective amounts of reward as provided in point a of this clause.

- In case the organization or individual spots and provides correct information about the buried, concealed or sunken property or the dropped or negligently left property already discovered, which are not cultural – historical relics, national treasure, remains, antiques or property related to the national defence and security sector, the rate of reward shall be equal to 30% of respective amounts of reward as provided in point a of this clause.

c) The specific rates of reward shall be decided by the Minister of Culture, Sports and Tourism (with respect to the property already discovered, which are historical – cultural relics, national treasure, remains and antiques), the Minister of National Defense (with respect to the property already discovered, which are related to the national defence and security sector), the Chairperson of the provincial People’s Committee (with respect to the property already discovered, which are other than those mentioned above), and shall not exceed 200 million dong per each reward package.

d) If there are multiple organizations or individuals eligible to be rewarded and the discovered property has special value, the competent entity or person defined in point c of this clause shall appeal to the Prime Minister to seek his approval decision on rates of reward.

dd) Rewarding bases

- In case where the property is disposed of in the form of auction, the value of the property retained for grant of reward shall be the winning bid;

- In case where the property is disposed of in the form of handover thereof to the state regulatory authority having competence in keeping custody of and managing such property, the property value shall be the price determined by the Valuation Committee referred to in Article 34 herein. The value of property retained for payment of reward shall be the value of property determined by the Committee after expenses specified in clause 3 of Article 29 herein have already been taken away.

In case where it is impossible to determine the value of the buried, concealed or sunken property already discovered or the dropped or negligently left property, the competent entity or person regulated in point c of this clause shall be authorized to decide the amount of reward which is restricted to 200 million dong. In special cases, the Prime Minister shall grant his decision.

6. The amount of payment for the part of the property value to the organization or individual spotting and handing in the buried, concealed or sunken property in case of none of owners or unidentified owners shall be subject to laws.

a) If the organization or individual has accidentally found the buried, concealed or sunken property, which is not historical – cultural relics, national treasure, remains, antiques, or property related to the national defence and security sector, during their domestic or manufacturing activities, they shall be entitled to all or part of such property as provided in the following regulations:

- If the property value is less than or equal to ten times as much as the base pay rate regulated by the State (at the time of spotting and handing in of property) after being reduced by reasonable expenses involved (e.g. costs of searching for owners, costs of transportation, storage and valuation of property), then the property shall belong to the organization or individual discovering such property;

- If the property value is ten times greater than the base pay rate regulated by the State (at the time of spotting and handing in of property) after being reduced by rational expenses involved, the organization or individual discovering the property shall be entitled to the property value equaling ten times as much as the base pay rate regulated by the State and 50% of the value of the portion which is ten times greater than the base pay rate regulated by the State, and the residual value shall be owned by the State.

b) The competent entity or person specified in clause 2 of Article 27 herein shall decide the rate of enjoyment of the organization or individual randomly discovering the buried, concealed or sunken property.

c) In case where the organization or individual spotting or discovering the buried, concealed or sunken property fails to report or hand in the property to the competent entity or person in accordance with regulations in force, they shall not be entitled to gain the value of such property and shall be subject to administrative penalties or criminal prosecution as per law.

d) The organization or individual entitled to the property value as provided in clause 5 of this Article shall not be allowed to enjoy all or part of the value of property prescribed in clause 6 of this Article; the organization or individual entitled to all or part of the value of property specified in clause 6 of this Article shall not be allowed to enjoy the property value under the provisions of clause 5 of this Article.

7. Rates of payment of the property value to the organization or individual spotting and handing in the dropped or negligently left property

a) The organization or individual spotting and handing in the dropped or negligently left property which is neither the historical - cultural relic, national treasure or antique, nor the property related to the national defence and security, with its value ten times greater than the base pay rate regulated by the State (at the time of discovering and handing in such property) after storage costs have already been deducted, they shall be entitled to enjoy the property value equal to ten times as much as the base pay rate regulated by the State and 50% of the value of the portion ten times more than the base pay rate regulated by the State.

b) The entity having jurisdiction to approve the plan for disposal of property as per clause 3 of Article 19 herein shall decide the rate of the property value that the organization or individual spotting and handing in the dropped or negligently left property may be offered.

c) The organization or individual entitled to the property value as provided in clause 5 of this Article shall not be allowed to enjoy the part of the value of property prescribed in this clause; the organization or individual entitled to the part of the value of property specified in this clause shall not be allowed to enjoy the property value under the provisions of clause 5 of this Article.

Article 31. Funding

1. As for the property disposed of in the form of sale, the funding for payments shall be derived from proceeds of sale of the property that have already been remitted to the escrow account the state regulatory authority (e.g. Ministry of Finance, Department of Finance, Division of Finance – Planning) has opened at the State Treasury. In case the proceeds of sale of the property are not sufficient to pay expenses and there is the balance in the escrow account of each entity or unit disposing of the property, such amount shall be used for paying these expenses and the state budget's subsidies must be granted in accordance with regulations in force in case of inadequacy of funding.

2. As for the property disposed of in another form (e.g. transfer or destruction), the funding for payments specified in Article 29 herein shall be distributed as follows:

a) The state budget expenditures in the annual estimate of the entity authorized to preside over management of property shall be used to ensure the adequate funding for disposal of property.

b) As for the property transferred to specialized regulatory authorities for their management, disposal or transfer to other entities or organizations for their management and use, the funding for payment of costs incurred prior to receipt of the decision on approval of the plan for disposal of property from the competent entity or person shall be subject to point a of this clause; costs incurred from the date of receipt of the decision on approval of the plan for disposal from the competent entity or person to the date of completion of transfer of the property shall be covered by the entity or organization receiving the property.

3. The funding for payment of rewards and payments for the portion of value of the dropped or negligently left property discovered and handed in by organizations or individuals shall be subject to provisions laid down in clause 1 and 2 of this Article.

4. The funding for payment of rewards and the portion of value of the property to the organization or individual randomly discovering the property and costs related to the exploration, excavation and salvage for disposal of the buried, concealed or sunken property shall be subject to the following regulations:

a) If the buried, concealed or sunken property already discovered is returned to the legitimate owner, he/she shall be responsible for paying associated expenses specified in clause 3 of Article 29 herein.

b) If the buried, concealed or sunken property already discovered is transferred to the state regulatory authority having jurisdiction to store and manage the property, that authority shall be responsible for paying related expenses by using the state budget allocations or other legal revenues in accordance with law.

c) If the buried, concealed or sunken property already discovered is destroyed, the state budget shall cover these payments; the buried, concealed or sunken property already discovered is subject to disposal of an entity, that entity’s budget shall cover these payments.

d) If the buried, concealed or sunken property already discovered is sold, payment amounts shall be derived from proceeds of sale thereof. In case where the proceeds obtained from sale of the buried, concealed or sunken property already discovered are not sufficient to offset expenses, the state budget shall pay the differential amount in accordance with laws on state budget in force.

dd) As for the sunken property causing danger to maritime activities, after being salvaged and put up for auction, if the proceeds are not enough to make up for expenses and the owner is unable to make payment or the owner of that property is not identified, maritime safety assurance charges shall be offset against that deficient amount; if costs of salvage of the sunken property exceed total amount of maritime safety assurance charges, the state budget shall give additional allocations.

e) If the buried, concealed or sunken property has not yet been excavated or salvaged owing to inconformity with requirements, the budget of the local government of the place where the property is located shall be responsible for ensuring the adequate funding for protection of such property.

Article 32. Processes and procedures for payment of costs of management and disposal of property eligible for being under the established all-people ownership

1. Spending amounts qualified for being repaid must have appropriate and valid invoices in accordance with regulations in force. In case where amounts are spent by the competent entity or person (e.g. cost of assessment, cost of care and rescue of animals and other cost), receipts of that entity may be used as a basis for repayment.

2. Department of Finance in a province or centrally-affiliated city shall be authorized to approve expenses for disposal of the property of which the all-people ownership is established under the decision issued by the competent person under the management of a central entity and the competent person under the management of a provincial entity; Division of Finance – Planning at the district level shall be authorized to approve expenses for disposal of the property of which the all-people ownership is established under the decision issued by the competent person under the management of a district- or commune-level entity.

3. Payment of expenses shall be based on the actual rational and valid spending amount for each case or the lump-sum amount regulated by the competent entity or person.

In case of the regular property eligible for being under the established all-people ownership, based on the current conditions of management and disposal of that property, the Minister and Head of a central entity, the People’s Committee of a province or centrally-affiliated city shall regulate the ratio (rate) of lump-sum payment of expenses for management and disposal of that property to (compared to) total proceeds from disposal of the property for the entity presiding over management and disposal of property under the management of the ministry, sectoral administration or locality for the uniform application of such ratio (amount). The rate of lump-sum payment shall not be allowed to exceed 40% of total proceeds from disposal of the property eligible for being under the established all-people ownership; the entity presiding over management of the property may, of its own accord, use lump-sum amounts for payment of expenses specified in regulations in force.

In case where, in the course of disposal of the property, the actual amount of expenses for disposal exceeds the lump-sum amount of payment and there are all required documents evidencing that payment for disposal of property is necessary and appropriate, the entity presiding over management and disposal of the property shall have to report to the financial entity having jurisdiction to approve spending amounts defined in clause 2 of this Article to seek its decision.

4. As for criminal cases or administrative cases shifted to criminal cases which are subject to suspension, within duration of 1 year from the date of issue of the decision on suspension, the entity presiding over management of property shall be responsible for paying costs associated with the management and disposal of confiscated exhibits involved in these cases by using the funding specified in Article 31 herein.

5. As regards the buried, concealed or sunken property, or the dropped or negligently left property, processes and procedures for payment of rewards to organizations or individuals discovering property shall be regulated as follows:

a) The organization or individual qualified for a reward sends the written request for such reward to the entity tasked with receiving and keeping custody of the property.

b) Within duration of 30 days of receipt of the written request from the organization or individual specified in point a of this clause, the entity tasked with receiving and keeping custody of the property shall be responsible for appealing to the competent entity or person to make a decision on the particular rate of reward. The decision on the rate of reward shall contain the following information:

- Legal bases for rewarding the organization or individual;

- Name of the organization or individual offered the reward;

- Rate of payment of reward to the organization or individual;

- Rewarding deadline;

- The entity responsible for granting the reward;

- Funding for the reward.

The rewarding decision shall be sent to the reward beneficiary, the entity responsible for granting the reward and the same-level financial entity.

c) In case where the funding for reward is financed by the state budget, legitimate revenues of the entity having jurisdiction to store and manage the property and maritime safety assurance charges, based on the decision on the rate of reward issued by the competent entity or person prescribed in point b of this clause, the entity assigned to pay for the reward shall be responsible for explaining the use of these funding sources to the competent entity or person or, within their jurisdiction, deciding such use for offer of rewards in accordance with law.

d) Within duration of 90 days of receipt of the decision on the rate of reward from the competent entity or person, the entity charged with paying for rewards shall make payment for rewards to organizations or individuals entitled to these rewards in accordance with regulations in force.

6. Processes and procedures for payment of the portion of value of the property to the organization or individual randomly discovering the buried, concealed or sunken property or the dropped or negligently left property of which owners are not identified.

a) Determining the property value used as a basis for payment.

- As for the property disposed of in the form of an auction, the property value used as a basis for calculation of payment shall be determined according to the winning bid;

- With respect to the property disposed of in other form, the property value shall be determined by the Valuation Committee referred to in Article 34 herein.

b) Making payment in case of discovering the property whose value is equal to ten months' minimum pay rate.

- If the property has value equaling ten months of minimum pay regulated by the State (at the time of spotting and handing in of the property), after being reduced by rational expenses involved, the property shall be paid in kind to the organization or individual randomly discovering such property;

- Upon receipt of the property, the organization or individual randomly discovering the property shall be responsible for paying rational expenses involved (e.g. cost of searching for owners, cost of transportation, storage and valuation of the property). In case where the organization or individual randomly discovering the property refuses to take the property or fails to pay rational expenses involved, that property shall belong to the State.

c) As for payment made in the event that the discovered property has value greater than ten months’ minimum pay rate regulated by the State at the time of spotting and handing in of the property (after rational expenses involved have been taken away), the organization or individual randomly discovering the property shall be entitled to payment as follows:

- In case where the organization or individual randomly discovering and handing in the property wishes to be paid (in kind) by that property which cannot be divided, they shall be entitled to such in-kind payment and shall be responsible for paying rational expenses involved and the portion of value of the property belonging to the State;

- In case where the organization or individual randomly discovering and handing in the property wishes to be paid (in kind) by that property which can be divided, they shall be entitled to such in-kind payment equal to the portion of value of property to which they are entitled in accordance with regulations in force.

d) Payment processes and procedures.

- The organization or individual qualified for receiving payment of the portion of the property sends the written request for such payment to the entity tasked with receiving and keeping custody of the property;

- Within duration of 30 days of receipt of the written request, the entity tasked with receiving and keeping custody of the property shall be responsible for appealing to the competent entity or person to make a decision on the particular rate of payment to which that organization or individual is entitled. The decision on the rate of payment shall contain the following information: Legal bases for payment of the portion of the property value to the organization or individual randomly discovering and handing in the property; name of the organization or individual entitled to the payment of the value of the property randomly discovered and handed in; the portion of the property value paid to the organization or individual randomly discovering and handing in the property; expenses that organization or individual has to repay (if any); form of payment (in kind or in cash); payment deadline; funding for payment (in case of cash payment); the entity charged with paying the portion of the property value to the organization or individual randomly discovering and handing in the property.

The decision shall be sent to the payee, the entity responsible for making payment and the same-level financial entity.

- In case where the funding for payment is financed by the state budget, legitimate revenues of the entity having jurisdiction to store and manage the property and maritime safety assurance charges, based on the decision on payment of the portion of the property value issued by the competent entity or person to the entity or person randomly discovering and handing in the property, the entity assigned to make payment shall be responsible for appealing to the entity or person having competence in issuing decisions on or, within their jurisdiction, deciding the use of these funding sources for making payment in accordance with law.

- Within duration of 90 days of receipt of the decision on the rate of payment to which the organization or individual randomly discovering and handing in the property is entitled from the competent entity or person, the entity held responsible for making payment shall make payment to the organization or individual eligible for such payment in accordance with regulations in force;

- In case where the organization or individual randomly discovering and handing in the property wishes to be paid the portion of the property value in cash, they shall be entitled to such cash payment of the portion of the property value to which they are entitled in accordance with regulations in force. The in-kind or cash payment of the portion of the property value to the organization or individual randomly discovering the property shall be subject to the decision issued by the competent entity or person referred to herein.

Article 33. Management of proceeds from disposal of property

1. All proceeds from disposal of property shall be remitted to the escrow account at the state treasury of which the holder is the entity assigned to perform the task of managing public property according to the instructions of the Ministry of Finance. After spending amounts prescribed in Article 29 herein have been taken away, the residual amount shall be remitted to the state budget in accordance with laws on state budget.

2. If the property is disposed of by the centrally-affiliated entity, the proceeds from the disposal of the property shall be remitted to the central government’s budget; if the property is disposed of by the locally-affiliated entity, the proceeds from the disposal of the property shall be remitted to the local government’s budget.

Article 34. Valuation of the buried, concealed or sunken property and the dropped or negligently left property as a basis for offering rewards or making payment of the portion of the property value to make up for related expenses to the organization or individual randomly discovering the property

1. The entity or person having jurisdiction to approve the plan for disposal of the buried, concealed or sunken property shall make a decision on establishment of the Valuation Committee to determine the value of such property (hereinafter referred to as Valuation Committee).

2. The Valuation Committee shall be joined by:

a) Head of the entity issuing the decision on establishment of the Committee or the authorized person who holds the office of the Committee’s Chair.

b) Representative of the financial entity (e.g. Ministry of Finance, with respect to the buried, concealed or sunken property disposed of under the approval decision on the disposal plan issued by the central-level competent entity or person; Department of Finance, with respect to the buried, concealed or sunken property disposed of under the approval decision on the disposal plan issued by the local-level competent entity or person).

c) Representative of the entity assigned to receive and keep custody of the property.

d) Representative of the technical entity or experts on property.

dd) Other relevant members.

3. The minimum number of the Valuation Committee’s members shall be 05 persons.

Representative of the organization or individual randomly discovering or contributing to discovering and providing information about the buried, concealed or sunken property shall be entitled to participate in the Valuation Committee’s meetings and may express their opinions, but shall have no right to vote.

4. Operational rules of the Valuation Committee

a) The Valuation Committee shall work according to the collective rules. The Valuation Committee’s meetings must be attended by at least 2/3 of total members. In order to be passed, the Valuation Committee’s decision must be voted for by more than half of the Committee’s members and shall be made in writing. In case assenting and dissenting votes are equal, the voting side of the Committee’s Chair shall prevail.

b) The Valuation Committee shall prepare a report on valuation of the property. The report on valuation of the property must fully describe the valuation process in a timely, sufficient and truthful manner.

c) The valuation report shall contain the following main information: Full name of the Valuation Committee’s Chair and members; full name of persons participating in valuation meetings; valuation time and venue; results of survey of the property value; opinions of the Valuation Committee’s members and participants in valuation meetings; results of the vote on value of the property in the Valuation Committee; valuation completion time and venue; signatures of the Committee’s members.

The valuation report must be stored in property valuation documentation.

5. The Valuation Committee shall be responsible for valuing the buried, concealed or sunken property in accordance with laws on valuation principles, methods and norms. Where necessary, the Valuation Committee may hire a body qualified to determine the value of the buried, concealed or sunken property to seek its advisory opinions before making decision.

6. The value of the property determined by the Valuation Committee shall be used as a basis for:

a) Offering rewards to organizations or individuals under the provisions of this Decree.

b) Making payment of the portion of the property value to the organization or individual randomly discovering the property, except in case such property is put up for auction.

c) Paying costs of exploration, excavation or salvage of the property in the event that the competent entity or person decides to make the in-kind payment which is confirmed after completion of the excavation or salvage.

d) Setting the starting bid in an auction.

7. Overheads of the Valuation Committee and costs of hiring of a qualified valuation body (if any) shall be all charged into total costs of disposal of the property and shall be repaid under the provisions of this Decree.

8. In special cases where it is unlikely that the value of the property is determined, the Valuation Committee shall send the competent entity or person a written notification of such situation in order to seek its decision on the rate of reward in accordance with regulations in force.