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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 172/2024/ND-CP
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Hanoi, December 27, 2024
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DECREE
ELABORATION OF LAW ON PROPERTY AUCTION NO. 01/2016/QH14 AMENDED
BY LAW NO. 37/2024/QH15
Pursuant to the
Law on Government Organization dated June 19, 2015; Law on amendments to the
Law on Government Organization and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to the Law on
Property Auction dated November 17, 2016; Law on amendments to the Law on
Property Auction dated June 27, 2024;
At the request of the
Minister of Justice;
The Government
promulgates Decree on elaboration of Law on Property Auction No. 01/2016/QH14
amended by Law No. 37/2024/QH15.
Chapter
I
GENERAL
PROVISIONS
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This Decree elaborates
the Law on Property Auction No. 01/2016/QH14 amended by Law No. 37/2024/QH15,
including:
1. Revocation of
certificates of operation registration of property auction enterprises at the
request of competent authorities specified in clause 19 Article 1 of the Law on
amendments to the Law on Property Auction.
2. Requirements and
conditions regarding the national property auction portal and requirements, conditions,
assessment, approval of online auction websites; responsibilities of
authorities, organizations and individuals for development, management,
operation and use of the national property auction portal and online auction
websites; online auction procedures in accordance with regulations in clause 28
Article 1 of the Law on amendments to the Law on Property Auction.
3. Offer of bids,
acceptance of prices and methods for offering bids and accepting prices in
auctions of rights to use radio frequencies according to regulations in clause
38 Article 1 of the Law on amendments to the Law on Property Auction.
4. Imposition of
penalties upon winners of auctions of LURs over land plots allocated or leased
for execution of investment projects or mining rights in accordance with clause
41 Article 1 of the Law on amendments to the Law on Property Auction.
Article
2. Regulated entities
1. This Decree applies to
property auction practicing organizations, property auction councils, wholly
state-owned organizations that are established by the State Bank of Vietnam to
settle bad debts of credit institutions, state authorities in charge of
property auction, auctioneers, auctioned property sellers, bidders, auction
winners, and relevant individuals and organizations.
2. Traders and
organizations that are not property auction practicing organizations
establishing online auction websites as prescribed in the law on electronic
commerce shall not be governed by this Decree.
Chapter
II
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Article
3. Procedures for revocation of certificates of operation registration of
property auction enterprises at the request of competent authorities
1. In case a provincial
Department of Justice where a property auction enterprise is registered
receives a written request from a competent authority for revocation of its
certificate of operation registration:
a) Within 03 working days
from the date of receipt of the written request from the competent authority,
the provincial Department of Justice shall give a written notification
requesting a legal representative of the property auction enterprise to provide
explanation in person at the head office of the provincial Department of
Justice;
b) After 10 working days
from the end of the time limit specified in the notification, if the legal
representative fails to appear and provide explanation as requested, the
provincial Department of Justice shall issue a decision to revoke its
certificate of operation registration, except for cases of force majeure events
or objective hindrances.
2. In case the legal
representative of the property auction enterprise appears and provides
explanation as requested, the provincial Department of Justice where the
property auction enterprise is registered shall assume responsibility to
cooperate with state authorities, relevant units and organizations to consider
such explanation and determine whether the enterprise's certificate of operation
registration has to be revoked within 10 working days from the date of receipt
of the explanation and take further actions as follows:
a) The provincial
Department of Justice does not revoke the enterprise’s certificate of operation
registration and shall notify in writing the property auction enterprise and
the competent authority that has requested the revocation within 03 working
days from the date on which it is determined that the enterprise is not subject
to revocation of its certificate or the competent authority grants a written
request for non-revocation of the enterprise’s certificate of operation
registration;
b) The provincial
Department of Justice revokes the enterprise’s certificate of operation
registration within 03 working days from the date on which the explanation is
rejected and it is determined that the enterprise is subject to revocation of
its certificate.
Article
4. Responsibility of competent authority that has requested revocation of
property auction enterprise’s certificate of operation registration
1. Be responsible for the
accuracy of information requesting revocation of the property auction
enterprise’s certificate of operation registration
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Chapter
III
NATIONAL
PROPERTY AUCTION PORTAL AND ONLINE AUCTION WEBSITES
Article
5. Requirements and conditions regarding national property auction portal or
online auction websites
1. Requirements regarding
the national property auction portal or an online auction website
a) Information on the
national property auction portal or the online auction website shall be public
and transparent and the access to information is not restricted;
b) The time displayed in
the national property auction portal/online auction website shall be real time
and Greenwich Mean Time (GMT) in online auction;
c) The national property auction
portal or the website shall operate in a stable and continuous manner and
ensure information system security;
d) Safety and security of
information on bidders and login accounts shall be ensured;
dd) Requirements for
technical infrastructure and information technology standards shall be met to
connect, integrate and share data through data integration and sharing
platforms.
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2. Conditions regarding
the national property auction portal or an online auction website
a) It shall reach level 3
according to regulations of law on assurance about information system security according
to each level.
b) It shall ensure that
each individual or organization may only register an account to participate in
the auction and offer bid;
c) The bidding process
and bids offered shall be displayed with the bidders' codes.
d) The date of application
for participation in auction, the log in time, the opening time, ending time
shall be publicly displayed;
dd) Bids offered, bids
placed by the bidders with their codes, the highest bid shall be displayed
publicly and truthfully; it is possible to record and extract all information
about the auction or the auction session;
e) The starting price of
the auctioned property, the highest bid placed in respect to ascending price
auction and the starting price or decreased price in respect to descending
price auction shall be displayed continuously throughout the auction so that
the bidders can conduct inspection;
g) It is ensured that the
bidder cannot submit application for participation in the auction after the
deadline for submission of the application; and offer bid after the end of the
auction.
Article
6. Assessment and approval of online auction websites
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2. The Director of the
provincial Department of Justice shall decide to establish a Council in charge
of assessing the online auction website (hereinafter referred to as “Assessment
Council”) and issue regulations on the Assessment Council’s operation; the
Assessment Council is composed of a representative of the provincial Department
of Justice who acts as Chairperson, representatives of relevant authorities and
organizations, and qualified experts in the fields of auction and information
technology. Relevant authorities and organizations shall be responsible for
appointing persons to act as members of the Assessment Council at the request
of the provincial Department of Justice.
3. The Assessment Council
shall assess if the conditions specified in clause 2 Article 5 of this Decree
are satisfied; feasibility and effectiveness of the Project when the online
auction website is put into operation in order to make sure that the
requirements specified in clause 1 Article 5 of this Decree are met.
4. Within 90 days from
the date of receipt of the valid Project specified in clause 1 of this Article,
the Director of the provincial Department of Justice shall consider approving
the online auction website; in case of refusal, a written notification stating
reasons shall be given.
5. The provincial Department
of Justice shall post a list of property auction practicing organizations that
have their online auction websites approved on its web portal and send the list
to the Ministry of Justice to post it on the national property auction portal
Article
7. Suspension of online auctions
1. On an annual basis or
in unexpected cases, the Ministry of Justice, a Department of Justice of
province or central-affiliated city where a property auction practicing
organization or wholly state-owned organization that is established by the
State Bank of Vietnam to settle bad debts of credit institutions is
headquartered shall inspect management and operation of an online auction
website established by the organization (hereinafter referred to as “online
auction website owner”).
2. If the online auction
website fails to meet the requirements and conditions specified in Article 5 of
this Decree, the Ministry of Justice, the provincial Department of Justice
shall send a written request to the online auction website owner for upgradation
of the online auction system. The written request made by the Ministry of
Justice in accordance with this clause shall be simultaneously sent to the
Department of Justice of province or central-affiliated city where the online
auction website owner is headquartered. The online auction website owner shall
be responsible for upgrading the online auction system within 90 days from the
date of receipt of the written request.
During the upgradation of
the online auction system, the online auction website owner must not use the
online auction website to organize online auctions.
3. After the deadline
specified in clause 2 of this Article, if the online auction website fails to
meet the requirements and conditions specified in clause 5 of this Decree, the
provincial Department of Justice shall consider suspending online auctions on
the online auction website approved by the Director of the provincial
Department of Justice according to regulations in the Government’s Decree No.
62/2017/ND-CP dated May 16, 2017.
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1. Responsibility of the
Ministry of Justice:
a) Preside over
development and promulgation of a Project on development of the national
property auction portal having online auction function.
b) Manage and provide
guidance on use of the national property auction portal; maintain and upgrade
the online auction system to make sure that it meets the requirements and conditions
specified in Article 5 of this Decree;
c) Store information
serving state management and performance of other tasks as per law;
d) Perform other property
auction-related tasks assigned by the Government, the Prime Minister.
2. Responsibility of an
online auction website owner for development, management and operation of its
online auction website:
a) Develop, manage and
operate its online auction website; ensure that data on developments in each
auction session are directly connected and shared with the national property
auction portal; assume responsibility for techniques with regard to online
auctions conducted on its online auction website;
b) Formulate
documentation for proposal of information system security level according to
regulations in Article 5 of this Decree;
c) Keep information on
bidders and login accounts confidential unless otherwise prescribed by law;
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dd) Issue, provide
guidance on and publish, on its online auction website, methods of registering
accounts, using accounts, offering bids, conducting auctions, the date of
application for participation in auction, the log in time, opening time and
ending time, bid offer sessions, bid increments and online auction results on
the online auction system;
e) Maintain and upgrade
the online auction system to ensure that it meets requirements and conditions
specified in Article 5 of this Decree.
3. Responsibility of the
national property auction portal operator:
a) Ensure information
security and cybersecurity, and keep database of the national property auction
portal confidential; prevent illegal access; manage information security and
cybersecurity risks, provide a mechanism to record information and track source
of information in chronological order and by operation on the national property
auction portal confidential;
b) Develop the online
auction function, meeting the requirements and conditions specified in Article
5 of this Decree.
c) Only use property
auction information and other information on the national property auction
portal to serve purposes within its functions and tasks;
d) Provide guidance for
sellers, property auction practicing organizations and bidders so that they
conduct online auctions, apply for registration and post information on the
national online auction portal;
dd) Publicly announce
requirements for information technology infrastructure applicable to users when
they participate in online auctions on the national online auction portal;
e) Take other
responsibilities according to regulations of the Law on Property Auction, the
Law on amendments to the Law on Property Auction, this Decree and relevant
laws.
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Article
9. Responsibilities of property auction practicing organizations, property
auction councils, wholly state-owned organizations that are established by the
State Bank of Vietnam to settle bad debts of credit institutions for use of
online auction websites
1. Equip information
technology infrastructure to meet requirements for organization of online
auctions.
2. Manage and keep
information about bidders, accounts and passwords issued confidential, unless
otherwise prescribed by law. In case their accounts are lost or they detect
that their accounts are being illegally used, they shall immediately notify
online auction website operators.
3. Be responsible to the
law for the accuracy and truthfulness of information registered and posted on
online auction websites when logging in with their accounts; online auction
results provided.
4. Suspend organization
of online auctions and online auctions, and promptly give notification to
property sellers to decide time for reorganization of auctions in case of any technical
defects of the online auction system that prevent such auctions from beginning
or bidders from offering bids; notify sellers to cancel online auction results
in case of any technical defects of the online auction system that cause cases
where bidders cannot offer their bids, or bidders offer valid bids but the
system does not record these bids or record the exact time of offering their
bids.
5. Comply with the Law on
Property Auction, the Law on amendments to the Law on Property Auction and
other regulations of relevant laws.
Article
10. Responsibilities of bidders participating in the national property auction
portal or online auction websites
1. Prepare their own
devices to participate in auctions; assume their responsibilities in case their
network systems have problems that prevent them from participating in auctions
or offering bids.
2. Manage and keep their
accounts and passwords issued confidential. If these accounts and passwords are
lost or they detect that their accounts are being illegally used, they shall
immediately notify property auction practicing organizations, property auction
councils, wholly state-owned organizations that are established by the State
Bank of Vietnam to settle bad debts of credit institutions that have issued accounts
and passwords.
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4. Comply with the Law on
Property Auction, the Law on amendments to the Law on Property Auction, other
regulations of relevant laws and Rules of auctions.
Chapter
IV
ONLINE
AUCTION PROCEDURES
Article
11. Procedures for organizing online auctions
1. Each bidder shall
purchase a set of auction documents and register a login account on the
national property auction portal or an online auction website.
The bidder shall use
their login account to receive instructions about methods of purchasing
documents, submitting their application for participation in an online auction,
paying Earnest Money Deposit (EMD), participating in the auction, and offering
bid and other necessary information when participating in the online auction on
the national property auction portal or online auction website.
2. The bidder that
legally submits their application for participation in the auction and pays EMD
is entitled to use their own login account to participate in the auction
according to Rules of the auction.
A person eligible to
participate in the auction shall be responsible for confirming his/her attendance
by logging into his/her account that has been issued within the period
specified in Rules of the auction. The person eligible to participate in the
auction shall offer bid with his/her code.
In case the person
eligible to participate in the auction does not log into his/her account to
confirm his/her attendance within the period specified in Rules of the auction,
he/she will be deemed not to participate in the auction according to point a,
clause 6 Article 39 of the Law on Property Auction, except for any force
majeure event.
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4. The property auction
practicing organization, the property auction council, the wholly state-owned
organization that is established by the State Bank of Vietnam to settle bad
debts of credit institutions shall assign their members to run the auction
session on the national property auction portal or online auction website. At
the end of the auction session, the auction winner shall be identified as
follows:
a) In case of ascending
price auction, the auction winner is a person that offers the highest bid
recorded by the online auction system;
b) In case of descending
price auction, the auction winner is the first person that accepts the starting
price or decreased price recorded by the online auction system;
The auction winner’s code
and the hammer price specified in points and b clause 4 of this Article shall
be published on the national property auction portal or online auction website
after the end of the auction session.
5. Results of the online
auction shall be publicly posted on the national property auction portal or
online auction website and sent to each bidder’s email registered with the
property auction practicing organization, the property auction council, the
wholly state-owned organization that is established by the State Bank of
Vietnam to settle bad debts of credit institutions after the auction winner’s
code and the hammer price are published on the national property auction portal
or online auction website.
Article
12. Notification of online auction results
1. The property auction
practicing organization, the property auction council, the wholly state-owned
organization that is established by the State Bank of Vietnam to settle bad
debts of credit institutions shall send a notification of the auction result to
the auction winner after the end of the auction.
2. The notification shall
clearly state information about the auctioned property, the opening time and
ending time for offer of bids, the time at which the online auction system
records the auction winner’s code, the starting price of the auctioned property
and the hammer price.
Article
13. Online auction records
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Digital signature
included in the online auction record shall comply with regulations of the law
on e-transactions. The online auction record shall be extracted from the
national property auction portal or the online auction website according to
Form promulgated by the Minister of Justice.
Chapter
V
OFFERING
BIDS OR ACCEPTING PRICES IN AUCTIONS OF RIGHTS TO USE RADIO FREQUENCIES
Section
1. ADOPTING METHODS OF OFFERING BIDS OR ACCEPTING PRICES
Article
14. Adopting methods of offering bids or accepting prices
1. Regulations on
offering bids in clause 2 Article 42 of the Law on Property Auction amended by
clause 26 Article 1 of the Law on amendments to the Law on Property Auction
shall apply in case of auction of a frequency band block.
2. Regulations on
offering bids or accepting prices in Section 2 of this Chapter shall apply in
case of auction of one or multiple frequency bands, each of which has two or
more blocks with equal and continuous width.
3. Regulations on
offering bids in Section 3 of this Chapter shall apply to cases other than
those specified in clause 1 and clause 2 of this Article.
Section
2. OFFERING BIDS OR ACCEPTING PRICES ACCORDING TO TWO STAGES
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1. Regulations on
offering bids or accepting prices according to two stages in point b clause 1
Article 59 of the Law on Property Auction amended by clause 38 Article 1 of the
Law on amendments to the Law on Property Auction shall simultaneously apply to
all frequency band blocks.
2. The stage of
determination of number of frequency band blocks sold at the auction includes
price acceptance rounds specified in Article 16 of this Decree and bidding
rounds specified in Article 17 of this Decree.
3. The stage of
determination of the locations of frequency band blocks sold at the auction
includes one bidding round that takes place after the end of the stage of
determination of number of frequency band blocks allocated to the auction
winner.
4. Initial auction:
a) Do not continue to
organize the auction in case one of the auctioned frequency bands has total
number of frequency band blocks to be purchased specified at the application
for participation in auction that is lower than or equal to the number of the
auctioned blocks of such frequency band;
b) Do not continue to organize
the auction session in case at the first price acceptance round, one of the
auctioned frequency bands has total number of frequency band blocks to be
purchased that is lower than or equal to the number of the auctioned blocks of
such frequency band;
5. The re-auction of
frequency band blocks that have not yet been auctioned according to regulations
in clause 4 of this Article or frequency band blocks unsold at the auction
shall comply with regulations in Articles 16, 17, 18, 19 and 20 of this Decree.
The Minister of
Information and Communications shall specify its decision on whether to apply
regulations in point a, point b clause 4 of this Article or not in an auction
organization plan when organizing an auction according to regulations in this clause.
Article
16. Price acceptance rounds of the stage of determination of number of
frequency band blocks allocated to the auction winner
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a) In the first price
acceptance round, the accepted price shall be equal to the starting price of
the frequency band block of the frequency band specified in Rules of the
auction;
b) From the second price acceptance
round onwards:
In case of auction of one
frequency band, the accepted price shall be equal to the previously accepted
price plus one bid increment.
In case of auction of at
least two frequency bands, if a frequency band has total number of frequency
band blocks to be purchased in the previous price acceptance round that exceeds
the number of the auctioned frequency band blocks, the accepted price of such
frequency band shall be equal to the previously accepted price plus one bid
increment; if a frequency band has total number of frequency band blocks to be
purchased in the previous price acceptance round that is lower than or equal to
the number of the auctioned frequency band blocks, the accepted price of such
frequency band shall be equal to the previously accepted price.
2. In each price
acceptance round, the bidder shall register the number of frequency band blocks
to be purchased according to the accepted price as follows:
a) In case of auction of
a frequency band:
In the first price
acceptance round, the number of frequency band blocks to be purchased shall be
equal to that specified in the application for participation in the auction.
From the second price
acceptance round onwards, the number of frequency band blocks to be purchased
shall not exceed that in the previous price acceptance round.
b) In case of auction of
at least two frequency bands:
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From the second price
acceptance round onwards, the bidder is entitled to change the number of
frequency band blocks to be purchased of each frequency band but this number
shall not exceed the number of frequency band blocks to be purchased specified
in the application for participation in the auction of such frequency band and
total score of all frequency band blocks to be purchased in a round shall not
be higher than total score of all frequency band blocks to be purchased in the
previous round.
Scores of frequency band
blocks specified in this point shall be determined according to one or some
factors regarding frequency band width, the starting price, and the similarity
in propagation characteristics of frequency bands indicated in the auction
organization plan as decided by the Minister of Information and Communications.
3. At the end of each
price acceptance round, the auctioneer shall publish total number of frequency
band blocks to be purchased of each frequency band and notify each bidder of
total score of all frequency band blocks to be purchased in the round in which
the bidder participates.
4. The last price
acceptance round is the round in which total number of frequency band blocks to
be purchased of each frequency band is lower than or equal to the number of
auctioned frequency band blocks of such frequency band.
5. The number of
frequency band blocks of each frequency band of the bidder, sold at the auction
is the number of frequency band blocks to be purchased in the last price
acceptance round.
Article
17. Bidding round of the stage of determination of number of frequency band
blocks allocated to the auction winner
1. The bidding round
specified in this Article shall only take place when in the last price
acceptance round, total number of frequency band blocks to be purchased of one
of the frequency bands is lower than the number of the auctioned frequency band
blocks of such frequency band.
2. The number of the auctioned
frequency band blocks of each frequency band in the bidding round specified in
this Article is the number of remaining frequency band blocks after the last
price acceptance round.
3. Only bidders
participating in the price acceptance round preceding the last price acceptance
round are entitled to offer bids and register one or multiple plans to purchase
frequency band blocks specified in clause 4 of this Article.
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a) In case of auction of
a frequency band:
The bid for a frequency
band block shall be higher than or equal to the last accepted price.
The number of frequency
band blocks to be purchased shall not exceed the number of frequency band
blocks specified in clause 2 of this Article.
The number of frequency
band blocks to be purchased plus the number of frequency band blocks to be
purchased in the last price acceptance round shall not exceed the number of
frequency band blocks to be purchased in the price acceptance round preceding
the last price acceptance round.
b) In case of auction of
at least two frequency bands:
The bid for a frequency band
block of each frequency band shall be higher than or equal to the last accepted
price corresponding to such frequency band.
The number of frequency
band blocks to be purchased of each frequency band shall not exceed the number
of frequency band blocks specified in clause 2 of this Article.
The number of frequency
band blocks to be purchased of each frequency band plus the number of frequency
band blocks to be purchased in the last price acceptance round shall not exceed
the number of frequency band blocks to be purchased specified in the
application for participation in the auction of such frequency band.
Total score of frequency
band blocks to be purchased plus total score of frequency band blocks to be
purchased in the last price acceptance round shall not be higher than total
score of frequency band blocks in the price acceptance round preceding the last
price acceptance round.
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In case there is a tie
between two or more combinations with the highest number of frequency band
blocks, the bidder that offers the highest bid will be the auction winner.
In case two or more
bidders offer the same and highest number and bid, a lot draw will determine
the auction winner.
6. The number of
frequency band blocks of each frequency band sold at the auction is the number
of frequency band blocks to be purchased of the combination of frequency band
blocks sold at the auction of all bidders specified in clause 5 of this
Article.
Article
18. Determination of number of frequency band blocks sold at the auction in the
stage of determination of number of frequency band blocks sold at the auction
The number of frequency
band blocks of each frequency band sold at the auction is total number of
frequency band blocks specified in clause 5 Article 16 of this Decree and the
number of frequency band blocks specified in clause 6 Article 17 of this
Decree.
Article
19. Bidding round of the stage of determination of the locations of frequency
band blocks allocated to the auction winner
1. Locations of the
remaining frequency band blocks (if any) after the stage of determination of
number of frequency band blocks sold at the auction shall be decided by the
Minister of Information and Communications and specified in the auction
organization plan.
2. The bidding round
shall be conducted for each frequency band when there are two or more auction
winners of such frequency band. To be specific:
a) The auctioneer shall
determine combinations of frequency band blocks of all winners on the basis of
the number of frequency band blocks sold at the auction in the stage of
determination of number of frequency band blocks sold at the auction and
arrange them in a manner that the frequency band blocks of each winner are
grouped together;
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c) The auctioneer shall
determine total bid offered by all bidders for each combination;
d) The bidder that offers
the highest bid will be the auction winner.
In case two or more
bidders offer the same and highest number and bid, a lot draw will determine
the auction winner.
Article
20. Determination of winning bid
The winning bid for each
frequency band, paid by the auction winner shall be determined by the following
formula:
T = A x M + B x N + P
Where:
T: the winning bid;
A: the number of frequency band blocks, sold at the auction
in accordance with in clause 5 Article 16 of this Decree;
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B: the number of frequency band blocks, sold at the auction
in accordance with in clause 6 Article 17 of this Decree. B= 0 in case
total number of frequency band blocks to be purchased in the last price
acceptance round is equal to the number of the auctioned frequency band blocks
of the frequency band;
N: bid offered by the bidder for a frequency band block
included in the combination of frequency band blocks, sold at the auction of
all bidders specified in clause 5 Article 17 of this Decree;
P: bid offered by the winner for the combination specified in
point d clause 2 Article 19 of this Decree.
Section
3. OFFERING BIDS ON THE BASIS OF THE NUMBER OF FREQUENCY BAND BLOCKS TO BE
PURCHASED
Article
21. Method of offering bids
1. Bids shall be
simultaneously offered on the basis of the number of frequency band blocks to
be purchased specified in point c clause 1 Article 59 of the Law on Property
Auction amended by clause 38 Article 1 of the Law on amendments to the Law on
Property Auction in multiple rounds for all frequency band blocks.
2. Initial auction:
a) Do not continue to
organize the auction in case total number of frequency band blocks to be
purchased specified in the application for participation in the auction is
lower than or equal to the number of the auctioned frequency band blocks;
b) Do not continue to
organize the auction session in case in the first bidding round, total number
of frequency band blocks to be purchased is lower than or equal to the number
of the auctioned frequency band blocks.
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The Minister of
Information and Communications shall specify its decision on whether to apply
regulations in point a, point b clause 2 of this Article or not in an auction
organization plan when organizing an auction according to regulations in this
clause.
Article
22. Bidding rounds
1. Starting price of each
frequency band block in bidding rounds:
a) Starting price in the
first bidding round is the starting price of each frequency band block
specified in Rules of the auction;
b) From the second
bidding round onwards, the starting price is the highest bid offered in the
previous bidding round.
In case, in the previous
bidding round, no bid for the frequency band block is offered but it was bid
for by at least one bidder in any bidding round before the previous bidding
round that has not bid for another frequency block, the starting price will be
the highest bid among the bids offered by bidders that have not bid for other
frequency blocks; if all of them decide to bid for other frequency blocks, the
starting price will be that specified in Rules of the auction.
2. Each bidder is
entitled to offer bid for any frequency band block according to the following
regulations:
a) In the first bidding
round, the number of frequency band blocks for which bids are offered by the
bidders shall be equal to the number of frequency band blocks to be purchased
specified in the application for participation in the auction;
b) The bid offered for
each frequency band block shall be equal to the starting price of the frequency
band block plus the number of bid increments (an integer starting from 0 for
the first bidding round and 1 for the subsequent bidding rounds) and at least
one bid increment higher than the highest bid offered by the same bidder for
the same frequency block;
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3. At the end of the
bidding round, the auctioneer shall publicly announce the highest bid for each
frequency band block, and notify each bidder of their total score of frequency
band blocks in the next bidding round and frequency band blocks for which the
highest bids are offered by the bidder (if any).
4. The auction session
will end when no bidder offers a bid. The highest bidder in the round preceding
the last bidding round will be the auction winner.
Article
23. Identification of the highest bidder for each frequency band block
The highest bidder for
each frequency band block in the bidding round shall be identified as follows:
1. The bidder offering
the highest bid among the bidders is identified as the highest bidder. In case
two or more bidders offer the same and highest bid, a lot draw will determine
the highest bidder.
2. In case no bidder
offers bid and the highest bidder at the previous bidding round does not offer
bid for another frequency band block, such highest bidder will continue to be
identified as the highest bidder.
3. In case no bidder
offers bid and the highest bidder at the previous bidding round offers bid for
another frequency band block, the bidder that offers the highest bid among the
bidders offering bids for the same frequency band block in the previous bidding
rounds and does not offer bid for another frequency band block will be the
highest bidder; in case two or more bidders offer the same and highest bid, a
lot draw will determine the highest bidder.
Article
24. Scores of frequency band blocks
1. Scores of frequency
band blocks shall be determined according to one or some factors regarding
frequency band width, the starting price, and the similarity in propagation
characteristics of frequency bands indicated in the auction organization plan
as decided by the Minister of Information and Communications.
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Qn = A + B
Where:
n: ordinal number of the bidding round;
Qn: total score of frequency band blocks at the end of the nth
bidding round of the bidder;
A: total score of frequency band blocks for which the
highest bids are offered by the bidder during the (n-1)th bidding round
in case the bidder does not offer bids for other frequency band blocks during
the nth bidding round; in the first bidding round, A=0;
B: total score of frequency band blocks for which the bids are
offered by the bidder in the nth bidding round, excluding frequency
band blocks for which the highest bids are offered by the bidder during the
(n-1)th bidding round and continue to be bid for during the nth
bidding round.
3. From the second
bidding round onwards, total score of frequency band blocks at the bidding
round of the bidder shall be determined as follows:
Pn = Qn-1 + C
Where:
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Pn: total score of frequency band blocks during the nth
bidding round of the bidder;
Qn-1: total score of frequency band blocks at the end of the
(n-1)th bidding round of the bidder, determined according to
regulations in clause 2 of this Article;
C: total score of frequency band blocks for which the
highest bids are offered by the bidder in the (n-1)th bidding round
according to clause 3 Article 23 of this Decree; C=0 during the first and
second bidding rounds.
Chapter
VI
HANDLING
VIOLATION COMMITTED BY WINNER OF AN AUCTION OF LAND USE RIGHTS OVER A LAND PLOT
ALLOCATED OR LEASED FOR EXECUTING AN INVESTMENT PROJECT OR MINING RIGHTS
Article
25. Penalties
1. The winner of an
auction of LURs over a land plot allocated or leased for executing an
investment project or mining rights that fails to fulfill the obligations to
pay the winning bid resulting in invalidation of the decision to recognize
auction result shall, depending on the nature and severity of the violation, be
prohibited from participating in auctions of such property types as follows:
a) Be prohibited from
participating in auctions for 02 years to 05 years in case the winner fails to
pay the winning bid;
b) Be prohibited from
participating in auctions for 06 months to 03 years in case the winner fails to
fully pay the winning bid.
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3. The decision on
prohibition from participating in auction shall contain the following contents:
a) Name the authority
having power;
b) Name of the prohibited
organization/individual;
c) Duration of
prohibition;
d) Scope of prohibition;
dd) Effective date and
expiry date.
4. Within 07 working days
from the date of issuance of the decision on prohibition from participating in
auction, the authority having power to issue a decision on prohibition from
participating in auction shall be responsible for sending the decision to the
violating entity and relevant authorities and organizations; at the same time
it shall be sent to the Ministry of Justice of Vietnam and published on the
national property auction portal.
5. If the
organization/individual prohibited from participating in auction disagrees on
the decision on prohibition from participating in auction, they are entitled to
make complaints or file lawsuits in Court according to regulations of law.
Article
26. Limitation period for handling violation
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Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
27. Transition clauses
1. In case the property
auction practicing organization has submitted a valid Project for online
auction according to regulations of the Government’s Decree No. 62/2017/ND-CP
dated May 16, 2017 on guidelines for Law on Property Auction before the
effective date of this Decree, the provincial Department of Justice will
continue to assess whether the conditions are satisfied and grant approval for
organization of online auction in case the conditions are satisfied according
to regulations of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017.
2. In case the property
auction practicing organization has submitted a Project on development of its
online auction website to the Ministry of Justice according to the Government’s
Decree No. 47/2023/ND-CP dated July 03, 2023 before the effective date of this
Decree but the Project has not yet been assessed and approved, the Ministry of
Justice shall send the property auction practicing organization’s Project to
the Department of Justice of province or central-affiliated city where the
property auction practicing organization is headquartered to assess whether the
conditions for the online auction website are satisfied according to the
Government’s Decree No. 47/2023/ND-CP dated July 03, 2023 within 90 days from
the date of receipt of the Project.
3. In case the property
auction practicing organization has been granted approval for organization of
online auction according to regulations of the Government’s Decree No.
62/2017/ND-CP dated May 16, 2017 or its online auction website has been
approved according to the Government’s Decree No. 47/2023/ND-CP dated July 03,
2023, the online auction system shall be completely maintained and upgraded in
order to meet the requirements and conditions specified in Article 5 of this
Decree and the result shall be reported to the Ministry of Justice or the
provincial Department of Justice that has granted approval before January 01,
2026.
Article
28. Effect
1. This Decree takes
effect from the date January 01, 2025.
2. This Decree replaces
the Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 and the
Government’s Decree No. 47/2023/ND-CP.
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Ministers, Heads of
ministerial authorities, Heads of Governmental authorities, Chairpersons of
provincial People's Committees shall be responsible for implementing this
Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long