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MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
03/2025/TT-BTC
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Hanoi,
January 22, 2025
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CIRCULAR
PROVIDING GUIDELINES ON THE FINANCIAL REGIME IN ASSET
AUCTION ACTIVITIES; AND REGULATING THE COLLECTION, PAYMENT, MANAGEMENT, AND USE
OF PROCEEDS FROM THE SALE OF AUCTION PARTICIPATION DOCUMENTS AND FORFEITED
DEPOSITS OF AUCTION PARTICIPANTS IN ACCORDANCE WITH THE LAW ON ASSET AUCTIONS
Pursuant to the Law on Asset
Auction dated November 17, 2016;
Pursuant to the Law on
amendments to the Law on Asset Auction dated June 27, 2024;
Pursuant to Decree No.
14/2023/ND-CP, of the Government, dated April 20, 2023 providing for the
functions, tasks, powers, and organizational structure of the Ministry of
Finance;
At the request of the Director
of the Public Asset Management Authority;
At the request of the Director
General of the Public Property Management Department;
The Minister of Finance hereby promulgates this Circular providing guidelines
on the financial regime in asset auction activities; and regulating the
collection, payment, management, and use of proceeds from the sale of auction
participation documents and forfeited deposits of auction participants in
accordance with the law on asset auctions.
Chapter I
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Article 1.
Scope and principles of application
1. This Circular provides
guidelines on the financial regime in asset auction activities; and regulates
the collection, payment, management, and use of proceeds from the sale of auction
participation documents and forfeited deposits of auction participants in
accordance with the law on asset auctions when auctioning assets specified in
Clause 1 Article 4 of the Law on Asset Auction (as amended in Clause 2 Article
1 of the Law on amendments to the Law on Asset Auction).
2. The financial regime in asset
auction activities; the collection, payment, management, and use of proceeds
from the sale of auction participation documents and forfeited deposits of auction
participants in accordance with the law on asset auctions when auctioning
securities, public property of Vietnamese authorities abroad, and vehicle
registration plates shall comply with relevant laws and regulations, and are
not governed by this Circular.
3. Where sector-specific laws
related to asset auctions provide for the financial regime; the collection,
payment, management, and use of proceeds from the sale of auction participation
documents, and the management and use of forfeited deposits of auction
participants are different from the provisions of this Circular, such
sector-specific laws shall apply.
4. Costs related to the auction of
land use rights, such as: costs for hiring organizations qualified to
provide land price appraisal services to determine the reserve price; costs for
land price valuation to determine the reserve price; costs for surveying,
mapping, and boundary demarcation; costs for developing land use rights auction
plans; costs for preparing cadastral dossiers for the auction of land use
rights; costs for selecting asset auction organizations; costs for carrying out
procedures for land handover and transferring relevant documents to auction
winners for land use right registration shall comply with the laws on land and
are not governed by this Circular.
Article 2.
Regulated entities
1. Owners of auctioned assets as
prescribed by the law on asset auctions.
2. Asset auction organizations as
prescribed by the law on asset auctions, including: asset auction service
centers and asset auction enterprises.
3. Asset auction councils
established in accordance with the law.
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5. Other relevant organizations and
individuals.
Chapter II
FINANCIAL REGIME IN
ASSET AUCTION ACTIVITIES
Article 3.
Financial regime in asset auction activities of asset auction organizations and
asset management companies
The management and use of proceeds
from asset auction service prices, asset auction expenses, proceeds from the
sale of auction participation documents, and other revenues (if any) are
regulated as follows:
1. To comply with the laws on the
financial autonomy mechanism applicable to public service units and other
relevant laws in case the asset auction organization is an asset auction
service center.
2. To comply with the laws on
enterprises in case the asset auction organization is an asset auction
enterprise.
3. To comply with the laws on
enterprises and the laws on credit institutions in case the asset management
company conducts asset auctions itself under Clause 2 Article 64 of the Law on
Asset Auction.
Article 4.
Financial regime in asset auction activities of asset auction councils
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2. Based on the expense items and
expenditure levels specified in Clauses 3 and 4 of this Article, the asset
auction council shall report to the owner of the auctioned asset on the funding
required for organizing the asset auction for inclusion in the estimated costs
of asset disposal; on that basis, the owner of the auctioned asset shall
approve within their competence or submit to a competent authority for approval
of the estimated costs of organizing the asset auction in accordance with the
laws.
3. Expense items:
a) Expenses for posting and
publicly announcing the auction of assets;
b) Expenses for arranging asset
viewing for auction participants;
c) Expenses for organizing the
auction session (including expenses for renting a venue for the auction session
in case an auction venue cannot be arranged; expenses for renting machinery and
equipment; expenses for hiring security for the auction session; expenses for
using the National Asset Auction Portal or online auction information platforms
to organize an online auction session; expenses paid to an asset auction
organization to assign an auctioneer to preside over the auction session in
case the auctioneer operates under a contract between the asset auction council
and the asset auction organization where the auctioneer practices);
d) Expenses for preparing and
organizing the sale of auction participation documents;
dd) Other expenses directly related
to the organization and implementation of the asset auction.
4. Expenditure levels:
a) For expense items that already
have standards, limits, and regimes prescribed by competent authorities, the
expenditure shall comply with such prescribed standards, norms, and regimes;
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c) For expense items not falling
under Points a and b of this Clause, the asset auction council shall report to
the owner of the auctioned asset for decision on the expenditure level, ensuring
compliance with the current financial management regulations as prescribed by
law and bearing responsibility for its decisions.
5. The asset auction council shall
prepare a payment request dossier and report to the owner of the auctioned
asset for payment of expenses related to the auction as prescribed. For
outsourced expense items, the asset auction council shall report to the owner
of the auctioned asset for payment to service providers in accordance with the
law.
6. The owner of the auctioned asset
shall be responsible for preserving the dossiers and documents related to the
expenses of the asset auction organized by the asset auction council in
accordance with the law.
7. Funding for organizing the asset
auction shall be included as part of the asset disposal costs of the owner of
the auctioned asset. The owner of the auctioned asset shall be responsible for
aggregating and finalizing such costs in accordance with relevant laws.
Article 5.
Financial regime in asset auction activities of owners of auctioned assets
1. Funding sources for asset
auction activities include:
a) Budget estimates allocated by
the State budget to the owner of the auctioned asset in cases where all
proceeds from the auction must be remitted to the State budget. The preparation
of budget estimates, use, and settlement of funding for asset auction
activities shall comply with the laws on the State budget;
b) Proceeds from the asset auction
deposited in an escrow account (including proceeds from the sale of auction
participation documents in cases where an asset auction council is established;
forfeited deposits of auction participants under Clause 6 Article 39 of the Law
on Asset Auction) in cases where all proceeds from the asset auction must be
deposited into an escrow account at the State Treasury managed by the agency
establishing the asset auction council or the escrow account of an agency or
unit authorized by a competent authority to manage the escrow account, and
where asset disposal costs may be deducted before remitting the proceeds to the
State budget;
c) Funding sources for the disposal
of secured assets, resolution of non-performing loans, seized assets, assets of
cooperatives, unions of cooperatives, and bankrupt enterprises (including
proceeds from the sale of auction participation documents in cases where an
asset auction council is established; forfeited deposits of auction
participants under Clause 6 Article 39 of the Law on Asset Auction) in cases
where asset auctions are held to resolve secured assets, non-performing loans,
seized assets, and assets of cooperatives, unions of cooperatives, and bankrupt
enterprises;
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2. The owner of the auctioned asset
shall be responsible for managing and using the funding sources specified in
Clause 1 of this Article, or for requesting the agency or unit authorized by
the competent authority to manage the escrow account to make payments for the
expenses to asset auction organizations or asset auction councils in accordance
with Clauses 3 and 4 of this Article, or to make payments to asset management
companies in accordance with Clause 5 of this Article.
3. Payments to asset auction
organizations include:
a) Asset auction service prices,
where required to be auctioned at prices within the framework prescribed by the
Ministry of Justice under the Law on Prices dated June 19, 2023;
b) Asset auction expenses as
specified in Clause 2 Article 66 of the Law on Asset Auction, and expenses for
using the National Asset Auction Portal or for renting online auction
information platforms as prescribed in Clause 28 Article 1 of the Law on
amendments to the Law on Asset Auction;
c) In cases where the asset auction
fails or the auction session is not held due to force majeure events as
prescribed in Point c Clause 2 Article 24 of the Law on Asset Auction, the
asset auction organization shall be entitled to reasonable and lawful actual
expenses incurred as prescribed in Point b of this Clause, but not exceeding
the asset auction expenses agreed upon in the signed asset auction contract.
4. Asset auction councils,
organizations, and individuals providing services to asset auction councils
shall be paid for the expense items specified in Clause 3 Article 4 with
expenditure levels specified in Clause 4 Article 4 of this Circular.
5. In cases where asset management
companies conduct asset auctions themselves under Clause 2 Article 64 of the
Law on Asset Auction, such organizations shall manage the funding for asset
auction activities in accordance with the financial regime for asset auction
activities applicable to asset management companies as specified in Clause 3
Article 3 of this Circular.
Chapter III
COLLECTION, PAYMENT,
MANAGEMENT, AND USE OF PROCEEDS FROM THE SALE OF AUCTION PARTICIPATION
DOCUMENTS
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1. In case of auction of land use
rights:
a) For residential land auctioned
to individuals:
No.
Value
of land use rights based on reserve price
Collection
rate (including VAT) (VND/dossier)
01
Under 01 billion
100.000
02
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200.000
03
From 05 billion and above
300.000
b) In case of auction of land use
rights not specified in Point a of this Clause:
No.
Value
of land use rights based on reserve price
Collection
rate (including VAT) (VND/dossier)
01
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200.000
02
From 01 billion to under 05
billion
400.000
03
From 05 billion to under 10
billion
600.000
04
From 10 billion and above
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2. Collection rates for the sale of
auction participation documents not covered by Clause 1 of this Article:
a) In case of auction of houses,
land, buildings attached to land, or rights to use radio frequencies, the rates
specified at Point b Clause 1 of this Article shall apply;
b) In case of auction of assets not
specified at Point a of this Clause:
No.
Reserve
price of asset
Collection
rate (including VAT) (VND/dossier)
01
Less than VND 100 million
50.000
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From VND 100 million to less than
VND 1 billion
100.000
03
From 01 billion to under 05
billion
200.000
04
From 05 billion to under 10
billion
500.000
05
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1.000.000
Article 7.
Collection, payment, management, and use of proceeds from the sale of auction
participation documents
1. In case the owner of the asset
hires an asset auction organization to conduct the auction: The asset
auction organization shall be responsible for selling and collecting money from
the sale of auction participation documents. Proceeds from the sale of auction
participation documents shall belong to the asset auction organization. The
management and use of such proceeds shall comply with Article 3 of this
Circular.
2. In case the owner of the asset
establishes an asset auction council to conduct the auction: The asset
auction council shall be responsible for selling and collecting money from the
sale of auction participation documents. Proceeds from the sale of auction
participation documents shall belong to the owner of the auctioned asset.
The management and use of such proceeds shall comply with Clause 2
Article 5 of this Circular.
3. In case an asset management
company conducts asset auctions itself under Clause 2 Article 64 of the Law on
Asset Auction: The asset management company shall be responsible for collecting
proceeds from the sale of auction participation documents. The management and
use of such proceeds shall comply with Clause 5 Article 5 of this Circular.
4. The use of invoices and
documents for the sale of auction participation documents as provided in
Clauses 1, 2, and 3 of this Article shall comply with the laws on invoices and
documents.
For cases where payment for auction
participation dossiers is made directly, the issuance of invoices shall comply
with the laws on invoices and documents but must be completed no later than the
end of the sale period for auction participation documents.
For cases where payment for auction
participation dossiers is made electronically, the transaction must be
completed before the end of the sale period for auction participation
documents. The issuance of invoices shall comply with the laws on invoices and
documents but must be completed no later than the date on which the sale of
dossiers concludes.
Chapter IV
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Article 8.
Transfer of forfeited deposits of auction participants to the owner of the
auctioned asset
Asset auction organizations and
asset auction councils shall be responsible for transferring the forfeited
deposits of auction participants under Clause 6 Article 39 of the Law on Asset
Auction (including any interest accrued, if any) to the owner of the auctioned
asset within 05 working days from the date of the conclusion of the auction
session or the price announcement session.
Article 9.
Management and use of forfeited deposits of auction participants
1. In cases where the owner of the
auctioned asset is allocated a State budget estimate to organize the asset
auction, within 05 working days from the date the asset auction organization or
asset auction council transfers the deposit, the owner shall remit the entire
amount of forfeited deposits of auction participants as specified in Article 8
of this Circular into the State budget.
2. In cases where the funding
source for asset auction activities is the proceeds from the asset auction
deposited in an escrow account, within 05 working days from the date of receipt
of the forfeited deposits of auction participants, the owner of the auctioned
asset shall remit the deposits as specified in Article 8 of this Circular into
the escrow account of the owner or the escrow account of the agency or unit
authorized by a competent authority to manage the proceeds from asset disposal,
opened at the State Treasury as prescribed by law, and such deposits shall be
used to pay for asset auction-related expenses before being remitted to the
State budget in accordance with Point b Clause 1 Article 5 of this Circular.
3. In cases of auction for handling
secured assets or non-performing loans, the forfeited deposits of auction
participants as specified in Article 8 of this Circular shall be aggregated
into the proceeds from the disposal of secured assets or non-performing loans
and managed and resolved in accordance with relevant laws on asset auctions as
specified in Article 3 of this Circular.
4. For cases not falling under
Clauses 1, 2, and 3 of this Article, the management and use of forfeited
deposits of auction participants as specified in Article 8 of this Circular
shall comply with the financial mechanism applicable to the owner of the
auctioned asset.
Chapter V
IMPLEMENTATION
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1. In cases where, by the effective
date of this Circular, the owner of the auctioned asset has signed a contract
with an asset auction organization covering financial regime provisions,
collection rates for the sale of auction participation documents, and
management of forfeited deposits of auction participants under Circular No.
48/2017/TT-BTC dated May 15, 2017 of the Minister of Finance providing for the
financial regime in asset auction activities, the signed contract shall
continue to be performed. The management and use of proceeds from the sale of
auction participation documents and forfeited deposits of auction participants
shall continue to comply with Circular No. 48/2017/TT-BTC.
2. In cases where the owner of the
auctioned asset has established an asset auction council to organize the
auction but, by the effective date of this Circular, the council has not yet
completed the auction session, the financial regime applicable to the asset
auction council shall continue to comply with Circular No. 48/2017/TT-BTC dated
May 15, 2017 of the Minister of Finance.
3. For cases not specified in
Clauses 1 and 2 of this Article, the financial regime, collection, payment,
management, and use of proceeds from the sale of auction participation
documents and forfeited deposits of auction participants shall comply with the
provisions of this Circular.
Article 11.
Entry into force
1. This Circular comes into force
as of January 22, 2025.
2. This Circular supersedes
Circular No. 48/2017/TT-BTC dated May 15, 2017 of the Minister of Finance providing
for the financial regime in asset auction activities.
3. Circular No. 137/2010/TT-BTC
dated September 15, 2010 of the Minister of Finance providing for the
determination of the reserve price of State-owned auctioned assets and the
financial regime applicable to asset auction councils shall be repealed.
4. Owners of auctioned assets shall
conduct inspection and supervision of the auction process (including the
collection of forfeited deposits of auction participants in accordance with the
law on asset auction) in accordance with Article 47 of the Law on Asset
Auction.
5. In cases where the legislative
documents referred to in this Circular are amended, supplemented, or replaced,
the new documents shall apply.
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PP.
MINISTER
DEPUTY MINISTER
Bui Van Khang