MINISTRY OF
JUSTICE OF VIETNAM
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
No: 20/2024/TT-BTP
|
Hanoi, December
31, 2024
|
CIRCULAR
ON MECHANISM,
POLICIES ON SERVICE CHARGES OF AUCTIONING PROPERTY SUBJECT TO SALE VIA AUCTIONS
AS PRESCRIBED BY LAWS; FEES FOR PUBLISHING NOTICE OF SELECTION OF PROPERTY
AUCTION PRACTICING ORGANIZATION, FEES FOR INFORMATION ON PROPERTY AUCTION ON
THE NATIONAL PROPERTY AUCTION PORTAL, FEES FOR USE OF THE NATIONAL PROPERTY
AUCTION PORTAL FOR ONLINE AUCTIONS
Pursuant to Law on Property Auction dated
November 17, 2016; Law on amendments to the Law on Property Auction dated June
27, 2024;
Pursuant to the Law on Prices dated June 19,
2023;
Pursuant to Government’s Decree No.
120/2020 /ND-CP dated October 7, 2020 on the establishment,
reorganization, dissolution of public service provider, as amended and
supplemented under the Government’s Decree No. 83/202/ND-CP dated July 10, 2024
amending and supplementing some articles of Decree No. 123/2016/ND-CP dated
September 1, 2016 on functions, tasks, powers and organizational structure of
Ministries and ministerial-level agencies, as amended and supplemented under
the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020; Government’s
Decree No. 10/2016/ND-CP dated February 01, 2016 on Governmental authorities,
as amended and supplemented under the Government’s Decree No. 47/2019/ND-CP
dated June 5, 2019 and the Government’s Decree No. 120/2020/ND-CP
dated October 7, 2020 on establishment, reorganization, dissolution of public
service providers;
Pursuant to Government’s Decree No.
98/2022/ND-CP dated November 29, 2022 on functions, tasks, powers and
organizational structure of the Ministry of Justice;
At the request of the Director of the Department
of Judicial Support;
The Director of the Department of Judicial
Support promulgates a Decree on mechanism, policies on service charges of
auctioning property subject to sale via auctions as prescribed by laws; fees
for publishing notice of selection of property auction practicing organization,
fees for information on property auction on the national property auction
portal, fees for use of the national property auction portal for online
auction.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides regulations on mechanism
and policies on service charges of auctioning property subject to sale via
auctions as prescribed by laws as prescribed in Clause 1 Article 66 of the Law
on Property Auction, as amended by point a, Clause 10, Article 73 of the Law on
Prices 2013 and point b, Clause 45, Article 1 of the Law on amendments to the
Law on Property Auction.
2. The collection, payment, management, and use
fees for publishing notice of selection of property auction practicing
organization, fees for information on property auction on the national property
auction portal, fees for use of the national property auction portal for online
auction (hereinafter referred to as “fees for publishing notice of selection”,
“fees for information on property auction”, and “fees for use of national
property auction portal”) as prescribed by the Law on Property Auction, Law on
amendments to the Law on Property Auction.
Article 2. Regulated entities
This Circular applies to:
1. Property sellers as prescribed by Clause 5,
Article 5 of the Law on Property Auction during auction of property prescribed
in Clause 1 Article 4 of the Law on Property Auction, as amended by Clause 2,
Article 1 of the Law on amendments to the Law on Property Auction.
2. Property auction practicing organizations as
prescribed by Clause 12, Article 5 of the Law on Property Auction, wholly
state-owned organizations established by the State Bank of Vietnam to handle
bad debts of credit institutions, property auction councils in cases where the
auction is conducted by property auction councils.
3. Relevant individuals and organizations
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
MECHANISM, POLICIES ON SERVICE CHARGES OF AUCTIONING
PROPERTY SUBJECT TO SALE VIA AUCTIONS AS PRESCRIBED BY LAWS
Article 3. Mechanism, policies on service
charges of auctioning property subject to sale via auctions as prescribed by
laws
1. Prices of services of auctioning property
subject to sale via auctions as prescribed by laws (hereinafter referred to as
“property auction service charges”) is calculated for each auction in the case
of auctions corresponding to each value bracket of property according to the
starting price of the price bracket of services of auctioning property subject
to sale via auctions as prescribed by laws promulgated by the Minister of
Justice.
In cases where the provisions of Article 56 of the
Law on Property Auction as amended by Clause 36, points a, b, e, i of Clause
45, point h of Clause 46 of Article 1 of the Law on amendments to the Law on
Property Auction is applied, the auctioned property shall have its property
auction service charges determined as per these laws.
2. In cases where an auction winner fails to pay or
underpays, leading to the cancellation of the decision on recognition of the
auction winner or auction property sale contract, the property seller shall pay
the property auction practicing organization the auction fees stipulated in
Clause 2, Article 66 of the Law on Property Auction as amended by point b,
Clause 45 of Article 1 of the Law on amendments to the Law on Property Auction
that have been agreed upon by both parties in the property auction service
contract and the value bracket of property according to the starting price of
the price bracket of services of auctioning property subject to sale via
auctions as prescribed by laws promulgated by the Minister of Justice. The
payable charges shall not exceed the deposit of the auction winner.
3. Property auction service charges in Clause 1 of
this Article does not include: Value-added tax (VAT) and auction fees
stipulated in Clause 2, Article 66 of the Law on Property Auction as amended by
point b, Clause 45 of Article 1 of the Law on amendments to the Law on Property
Auction.
4. In cases where the auction is not successful,
the property seller shall pay the property auction practicing organization the
auction fees stipulated in Clause 2, Article 66 of the Law on Property Auction
as amended by point b, Clause 45 of Article 1 of the Law on amendments to the
Law on Property Auction that have been agreed upon by both parties in the
property auction service contract.
5. Within 20 working days from the end of the
auction, the property seller shall pay the property auction practicing
organization the auction fees stipulated in Clause 2, Article 66 of the Law on
Property Auction as amended by point b, Clause 45 of Article 1 of the Law on
amendments to the Law on Property Auction that have been agreed upon by both
parties in the property auction service contract.
Article 4. Management and use of property
auction service charges
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Property auction practicing organizations shall
provide invoices in accordance with the regulations of the law on invoices and
records.
Chapter III
FEES FOR PUBLISHING NOTICE OF SELECTION OF PROPERTY
AUCTION PRACTICING ORGANIZATION, FEES FOR INFORMATION ON PROPERTY AUCTION ON
THE NATIONAL PROPERTY AUCTION PORTAL, FEES FOR USE OF THE NATIONAL PROPERTY
AUCTION PORTAL FOR ONLINE AUCTIONS
Article 5. Principles for collection and
disbursement of fees for publishing notice of selection of property auction
practicing organization, fees for information on property auction on the
national property auction portal, fees for use of the national property auction
portal for online auctions
1. The national property auction portal operator
shall collect, manage, and use fees for publishing notice of selection, fees
for information on property auction, and fees for use of the national property
auction portal in accordance with the regulations of this Circular.
2. Fees for publishing notice of selection, fees
for information on property auction, and fees for use of the national property
auction portal are used to serve the operation of the national property auction
portal in accordance with the regulations on public service providers.
Article 6. Amount of fees for publishing notice
of selection of property auction practicing organization, fees for information
on property auction on the national property auction portal, fees for use of
the national property auction portal for online auctions
1. The fee for publishing notice of selection of
property auction practicing organization is 300.000 VND/notice. Each notice
includes the notice of selection of property auction practicing organization
and notice of selection results of property auction practicing organization.
2. The fee for information on property auction on
the national property auction portal is 300.000 VND/notice. Each notice
includes a first-time notice and a second-time notice on the national property
auction portal stipulated in Clause 1, Article 57 of the Law on Property
Auction as amended by point a, Clause 37 of Article 1 of the Law on amendments
to the Law on Property Auction.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The fee for use of the national property auction
portal for online auctions is 2.000.000 VND/auction.
In cases there are no registered bidders
participating in the auction on the national property auction portal, the fee
for use of the national property auction portal for online auctions is
1.000.000 VND/auction.
4. The fees specified in Articles 1, 2, and 3 of
this Article shall be paid by the agencies, organizations, individuals that
publish the notice of selection of property auction practicing organization and
notice of information on property auction on the national property auction
portal, and use the national property auction portal for online auctions (VAT
included)
Article 7. Payment and collection of fees for
publishing notice of selection of property auction practicing organization,
fees for information on property auction on the national property auction
portal, fees for use of the national property auction portal for online
auctions
1. The national property auction portal operator
shall collect fees for publishing notice of selection, fees for information on
property auction, and fees for use of the national property auction portal in
accordance with Article 6 of this Circular. Accounts used for collection of
fees of the national property auction portal operator must be VND accounts
opened at commercial banks.
2. The payment of fees for publishing notice of
selection, fees for information on property auction, and fees for use of the
national property auction portal is as follows:
a) Payers shall, within 10 days from the date on
which their notice is publish on the national property auction portal, make
payment of fees for publishing notice of selection of property auction
practicing organization on the national property auction portal in accordance
with Clause 1, Article 6 of this Circular.
b) Property auction practicing organizations,
wholly state-owned organizations established by the State Bank of Vietnam to
handle bad debts of credit institutions, property auction councils shall,
within 7 days from the date on which their notice is publish on the national
property auction portal, make payment of fees for information on property
auction on the national property auction portal in accordance with Clause 2,
Article 6 of this Circular;
c) Property auction practicing organizations,
wholly state-owned organizations established by the State Bank of Vietnam to
handle bad debts of credit institutions, property auction councils shall,
within 20 days from the date on which their notice is publish on the national
property auction portal, make payment of fees for use of the national property
auction portal in accordance with Clause 3, Article 6 of this Circular;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Any agency, organization, or individual failing
to comply with the deadlines specified in Clause 2 of this Article shall has
their account, which is used for publishing the notice of selection of property
auction practicing organization or notice for information on property auction
on the national property auction portal, or using the national property auction
portal for online auctions, be suspended until they fulfill their financial
obligations as prescribed.
Article 8. Management and use of fees for
publishing notice of selection of property auction practicing organization,
fees for information on property auction on the national property auction
portal, fees for use of the national property auction portal for online
auctions
1. Expenditures:
a) Expenditure on management, maintenance, operation,
and development of the national property auction portal;
b) Expenditure on management and inspection of the
notification of selection of property auction practicing organization,
information on property auction on the national property auction portal, and
use of the national property auction portal for online auctions;
c) Expenditure on guidance and use of the national
property auction portal;
d) Expenditure on activities related to receiving,
processing information on the national property auction portal, conducting
online auctions, applying information technology in property auctions, managing
data about auctioneers and property auction practicing organizations.
dd) Expenditure on other regular tasks related to
organizing, managing, maintaining, operating, and developing the national
property auction portal;
e) Other expenditures stipulated by the laws on
public service providers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The national property auction portal operator
shall implement accounting and financial regimes in accordance with the laws on
state budget and relevant regulations.
Article 9. Responsibilities of the Department of
Judicial Support, the national property auction portal operator, and relevant
agencies, organizations, and individuals
1. The Department of Judicial Support shall:
a) Monitor, supervise, and manage the
implementation of functions and tasks of the national property auction
portal operator;
b) Consolidate the annual plan for revenues and
expenses of the national property auction portal operator, submit it to the
Ministry of Justice for approval;
c) Adjust the plan for revenues and expenses of the
national property auction portal operator;
d) Settle revenues and expenses of the national
property auction portal operator.
2. The national property auction portal operator
shall:
a) Publish the fee collection procedures (including
methods, subjects, and rates of collection) for fees for publishing notice of
selection, fees for information on property auction, and fees for use of the
national property auction portal on the national property auction portal.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Manage and use revenues in accordance with
Article 8 of this Circular.
3. Any agency, organization, and individual
publishing the notice of selection of property auction practicing organization,
information on property auction on the national property auction portal; or
using the national property auction portal for online auctions shall:
a) Pay fees as prescribed in Article 6 and Clause 2
of Article 7 of this Circular;
b) Adhere the regulations of the national property
auction portal and relevant regulations.
Chapter IV
IMPLEMENTATION CLAUSES
Article 10. Transition clauses
1. During the period where the national property
auction portal is not yet established, property sellers, property auction
practicing organizations, wholly state-owned organizations established by the
State Bank of Vietnam to handle bad debts of credit institutions, property
auction councils are not required to pay fees for publishing the notice of
selection of property auction practicing organization and fees for information
on property auction on the national property auction portal.
2. In cases where property sellers and property
auction practicing organizations have signed property auction service contracts
before the effective date of this Circular, the mechanism, policies, and
determination of property auction service charges shall be implemented in
accordance with Circular No. 45/2017/TT-BTC dated May 12, 2017 of the Minister
of Finance of Vietnam, as amended by Circular No. 108/2020/TT-BTC dated
December 21, 2020 of the Minister of Finance of Vietnam.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. This Circular comes into force from January 01,
2025.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Justice
of Vietnam for consideration./
PP. MINISTER
DEPUTY MINISTER
Mai Luong Khoi