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THE
OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
23/VBHN-VPQH
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Hanoi,
September 16, 2024
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LAW
ON PROPERTY AUCTION
The Law on Property Auction No.
01/2016/QH14 dated November 17, 2016 of the National Assembly of Vietnam,
coming into force from July 01, 2017, is amended by:
1. The Law on Prices No.
16/2023/QH15 dated June 19, 2023 of the National Assembly, coming into force
from July 01, 2024;
2. The Law No. 37/2024/QH15 dated
June 27, 2024 of the National Assembly providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Property Auction [1].
Chapter I
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Article 1.
Scope
This Law deals with rules, order
and procedures for property auction; auctioneers and property auction
practicing organizations[2];
auction service prices [3],
auction costs; handling of violations, cancellation of property auction
results, compensation for damage; and state management of property auction.
Article 2.
Regulated entities
1. Auctioneers, property auction
practicing organizations[4],
and property auction councils.
2. Wholly
state-owned organizations established by the State Bank of Vietnam (SBV)[5] to settle bad debts of credit institutions.
3. Auctioned property sellers,
bidders, auction winners and auctioned property buyers.
4. Other individuals and
organizations involved in property auction.
Article 3.
Application of Law on Property Auction and provisions on property auction order
and procedures in other laws
1. In case there is any difference
between the provisions on property auction order and procedures of this Law and
those of other laws, the former shall prevail, except the case specified in
Clause 2 of this Article.
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Article 4.
Types of property put up for auction [7]
1. Property which must be put up
for auction as prescribed by laws, including:
a) Land use rights
(LURs) as defined by regulations of law on land;
b) Mining rights
as defined by regulations of law on minerals;
c) Rights to use
radio frequencies as defined by regulations of law on radio frequencies;
d) Rights to use telecommunications
codes/numbers and the country-code domain name “.vn” as defined by regulations
of law on telecommunications;
dd) Rights to use forest and rights
to lease forest as defined by regulations of law on forestry;
e) Fixed assets of enterprises as
defined by regulations of law on management and use of state capital invested
in manufacturing and business operations of enterprises;
g) Property considered as national
reserve goods as defined by regulations of law on national reserve;
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i) Property serving judgment
enforcement as defined by regulations of law on enforcement of civil judgments;
k) Collateral as defined by
regulations of law on security for fulfillment of obligations;
l) Property seized for ensuring the
enforcement of administrative penalty imposition decisions defined by
regulations of law on penalties for administrative violations;
m) Property of cooperatives or
cooperative unions declared bankrupt as defined by regulations of law on
cooperatives and law on bankruptcy;
n)
Property of enterprises declared bankrupt as defined by regulations of law on
bankruptcy;
o)
Bad debts and collateral of such bad debts of the wholly state-owned
organization established by SBV to settle bad debts of credit institutions in
accordance with regulations of law;
p)
Other property which must be put up for auction as prescribed by laws.
2.
Property, other than those prescribed in clause 1 of this Article, which is put
up for auction at the discretion of the property owner.
Article 5.
Definitions
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1.[8] Bid
increment means the difference between the first bid and the starting price
or between two successive bids.
2.[9]
Property auction means a form of offering bids or accepting the set
price with the participation of at least two bidders according to the rules and
procedures set forth in this Law, except the cases prescribed in Article 49 of
this Law.
3. Starting price means the
lowest initial price of the auctioned property in case of an ascending-price
auction or the highest initial price of the auctioned property in case of a
descending-price auction.
4. Bid decrement means the
minimum difference by which the next bid value must be decreased, relative to
the current bid, in case of a descending-price auction. The bid
decrement shall be decided and notified in writing by the auctioned property
seller to the property auction practicing organization[10]
upon each auction session.
5. Auctioned property seller means
an individual or organization that owns a property item or a person authorized
by the property owner to put up the property for auction[11]
or person having the right to put a property item for auction under an
agreement or in accordance with law.
6. Auctioned property buyer means
the auction winner that enters into a contract
for sale and purchase of auctioned property or has property auction
results approved by a competent authority.
7.[12]
Bidder means an individual or organization that participates in the
property auction to buy property in accordance with provisions of this Law and
relevant laws.
8. Auction winner means an
individual or organization that makes the highest bid compared to the starting
price or a bid equal to the starting price if no bid higher than the starting
price is made in case of an ascending-price auction; or an individual or
organization that accepts the starting price or a decreased price in case of a
descending-price auction.
9. Descending-price auction
means an auction method whereby the auctioneer sets a price and then lowers it
until a bidder accepting the auctioneer-set price is called.
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11. Auctioned property means
a property item allowed to be traded in accordance with regulations of law.
12. Property auction practicing
organizations[13]
include property auction service centers and property auction enterprises.
13.[14] National
property auction portal means an information technology system that is
developed, managed and operated by the state authority in charge of property
auction to serve the purpose of consistently managing information on property
auction and conducting online auctions. This system must meet management,
connection and data sharing requirements set out in this Law and relevant laws.
14.[15]
Business day means any of the days from Monday to Friday and
compensatory working days as prescribed, except public holidays and
compensatory time-off as prescribed.
Article 6.
Property auction rules
1. Comply with regulations of law.
2. Ensure independence, honesty,
openness, transparency, fairness and objectivity.
3. Protect legitimate rights and
interests of auctioned property sellers, bidders, auction winners, auctioned
property buyers, property auction practicing organizations[16]
and auctioneers.
4. Each auction session must be
managed by a qualified auctioneer[17],
except those conducted by property auction councils.
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1. Competent authorities shall,
within the ambit of their tasks and powers, guarantee the exercise of lawful
rights and interests of bona fide auctioned property sellers, bidders, auction
winners and auctioned property buyers.
2. [18]
In case a third party involves in the dispute over the ownership of the
property put up for sale at the auction, the property ownership still belongs
to the bona fide buyer of the property.
Settlement
of disputes over ownership of auctioned property, filing of lawsuit against
legal validity of a successful auction, and cancellation of property auction
results as prescribed in clauses 2 and 3 Article 72 of this Law shall comply
with simplified procedures prescribed in the code of civil procedures.
3. In case there is a judgment or
decision of a competent authority on partial modification or whole cancellation
of decisions related to a property item before such property item is put for
auction but the property auction order and procedures still comply with this
Law, such property shall still be under the ownership by the bona fide buyer,
except where the property auction results are cancelled under Article 72 of
this Law.
Article 8.
Starting price and inspection of auctioned property
1. The starting price of an
auctioned property item shall be determined before:
a) A property auction service
contract is signed;
b) A property auction council is
established, unless otherwise prescribed by law;
c) A wholly state-owned
organization established by SBV[19]
to settle bad debts of credit institutions conducts the auction itself.
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a) The starting prices of the types
of auctioned property specified in clause 1 Article 4 of this Law shall be
determined in accordance with relevant regulations of law applicable to such
types of property;
b) The auctioned property sellers
shall themselves or authorize property auction practicing organizations[20]
or other individuals or organizations to determine the starting prices of the
types of auctioned property specified in clause 2 Article 4 of this Law.
3. An auctioned property item shall
be inspected in accordance with law or at the request of bidders and with the
consent of its seller. The inspection order and procedures must comply with the
relevant regulations applicable to relevant types of property. If an inspection
is conducted upon a request, the requester shall pay inspection expenses.
Article 9. Prohibited
acts
1. Auctioneers are strictly
prohibited from performing the following acts:
a) Letting other individuals or
organizations use their auctioneer’s practicing certificates;
b) Taking advantage of their
capacity as auctioneers to act for self-seeking purposes;
b) [21]
Making a fictitious list of registered bidders; preparing fictitious or fake
documents for participating in the property auction; colluding or cooperating
with auctioned property sellers, bidders, valuation firms, organizations in
charge of inspection of auctioned property and/or other organizations and
individuals in falsifying information on the auctioned property, auction
documents or applications for participation in auction, suppressing or
purposely raising the price of the property, or falsifying property auction
results;
d)
Limiting the participation of organizations and individuals in the auction
against regulations of law;
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dd1) [22]
Disclosing information on registered bidders;
e) Committing other prohibited acts
prescribed by relevant laws.
2. Property auction practicing
organizations[23]
are strictly prohibited from performing the following acts:
a) Letting other organizations use
their names or certificates of operation registration for auction practice;
b) [24]
Making a fictitious list of registered bidders; preparing fictitious or fake
documents for participating in the property auction; colluding or cooperating
with auctioned property sellers, bidders, valuation firms, organizations in
charge of inspection of auctioned property and/or other organizations and
individuals in falsifying information on the auctioned property, auction
documents or applications for participation in auction, suppressing or
purposely raising the price of the property, or falsifying property auction
results;
c) Obstructing or causing
difficulties to bidders in applying for participation in auction or
participating in an auction session[25];
d) [26]
Disclosing information on registered bidders;
d1) [27]
Forging documents or deliberately providing information to falsify applications
for registration as property auction practicing organization;
d2) [28]
Using earnest money deposit (EMD) amounts received from bidders for any other
purposes;
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e) Committing other prohibited acts
prescribed by relevant laws.
3. Property auction councils are
strictly prohibited from performing the acts prescribed at points b, c, d and
e, clause 2 of this Article.
4. Auctioned property sellers are
strictly prohibited from performing the following acts:
a) [30]
Colluding or cooperating with auctioneers, property auction practicing organizations
and/or other relevant organizations and individuals in falsifying information
on the auctioned property, auction documents or applications for participation
in auction, suppressing or purposely raising the price of the property, or
falsifying property auction results;
b) [31]
Receiving any amount of money, property or other benefits from auctioneers,
property auction practicing organizations, or bidders for falsifying results of
selection of property auction practicing organizations or property auction
results;
b1) [32]
Limiting the participation of organizations and individuals in the auction
against regulations of law;
c) Committing other prohibited acts
prescribed by relevant laws.
5. Bidders, auction winners and
other individuals and organizations are strictly prohibited from performing the
following acts:
a) Providing untruthful information
and documents; using forged papers to apply for participation in an auction or
to participate in an auction session[33];
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c) Obstructing property auction
activities; disturbing or causing disorder at an auction session[35];
d) Intimidating or forcing
auctioneers or other bidders to falsify property auction results;
d1)
[36]
Acting as an attorney of another bidder to
participate in an auction for the same property for which they are bidding for;
acting as an attorney of two bidders or more to participate in an auction for
the same property;
d2) [37]
Participating in an auction for the property for which his/her spouse or
natural sibling is also bidding;
d3) [38]
Participating in an auction for the property for which their parent company or
subsidiary or an enterprise whose operation may be influenced by them (i.e. the
individual or organization or a group of individuals and/or organizations) as
prescribed by the Law on Enterprises;
dd) Committing other prohibited
acts prescribed by relevant laws.
Chapter II
AUCTIONEERS, PROPERTY AUCTION PRACTICING ORGANIZATIONS
[39]
Section 1.
AUCTIONEERS
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An auctioneer must meet all of the
following standards:
1. Be a Vietnamese citizen
permanently residing in Vietnam, strictly abide by the Constitution and Law of
Vietnam, and possess good ethical quality;
2.[40]
Hold a bachelor’s degree, or higher, in law, economics, business
administration, accounting, auditing, finance or banking;
3.[41]
Have successfully completed an auction training course as prescribed in Article
11 of this Law;
4. Have passed the post-internship
assessment test.
Article 11.
Auction training
1.[42]
Any person who meets the standards set out in clauses 1 and 2 Article 10 of
this Law is entitled to attend auction training courses.
2. Duration of an auction training
course is 06 months. A person who successfully completes such a course shall be
granted a certificate of completion of auction training course by the auction
training institution.
Article 12.
[43]
(abrogated)
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1.[44]
A holder of certificate of completion of auction training course may be
admitted as interns by property auction practicing organizations.
2. Duration of auction practice
internship is 06 months, counted from the date on which the property auction
practicing organization[45]
sends the list of its auction practice interns to the Department of Justice of
province or city where it[46]
is headquartered.
3. Property auction practicing
organizations[47]
shall assign their qualified auctioneers to instruct auction practice interns.
Instructing auctioneers shall instruct, supervise, and take responsibility for,
tasks performed by interns.
Auction practice interns shall be
provided with instructions in auction practicing skills and shall perform tasks
related to property auction assigned by their instructing auctioneers, and take
responsibility before their instructing auctioneers for their performance of
such tasks. None of auction practice interns shall be allowed to manage an
auction session[48].
4.[49]
A person who has completed his/her internship duration as prescribed in clause
2 of this Article must prepare an internship report which must bear his/her
instructing auctioneer’s evaluation and certification given by the property
auction practicing organization, and send it to the Department of Justice of
province or city where he/she has registered as an intern; is entitled to take
a post-internship assessment test.
Contents of a post-internship
assessment test include auction practicing skills, laws on property auction and
relevant laws, and Code of professional ethics for auctioneers.
5. Post-internship assessment tests
shall be held by the post-internship assessment council that is established by
the Ministry of Justice of Vietnam and composed of a Chairperson who is a
representative of the Ministry of Justice of Vietnam, and other members who are
representatives of relevant authorities and organizations and some auctioneers.
Article 14.
Grant of auctioneer’s practicing certificates
1. A person who meets all of the
standards set out in Article 10 of this Law shall send a package of application
for an auctioneer’s practicing certificate to the Ministry of Justice and pay
the application fee as prescribed by law. Such an application includes:
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b) [50]
A certified true copy, or a copy presented together with its original for
verification purpose, of the applicant’s bachelor’s degree, or higher, in law,
economics, business administration, accounting, auditing, finance or banking;
c) [51]
(abrogated)
d) [52]
(abrogated)
dd) [53]
(abrogated)
e) A 3x4 cm color photo.
2. Within 15 days from the receipt
of an adequate and valid application, the Minister of Justice shall decide to
grant an auctioneer’s practicing certificate. If an application is refused, a
written response indicating reasons for such refusal shall be given. A person
whose application for auctioneer’s practicing certificate is refused may file
complaints or initiate lawsuits in accordance with law.
2a. [54]
During its appraisal of an application for auctioneer’s practicing certificate,
the authority competent to issue auctioneer’s practicing certificate is
entitled to request the criminal record issuing authority to issue the criminal
record No. 2 to the applicant according to the procedures laid down in laws on
criminal records.
3.[55]
(abrogated)
Article 15.
Persons ineligible for auctioneer’s practicing certificates
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2. Officers, professional
servicemen, national defense workers or public employees working at agencies or
units of the People’s Army; operational officers or non-commissioned officers,
technical-professional officers or non-commissioned officers working at
agencies or units of the People’s Public Security; cadres, officials or public
employees, except those who are allowed to apply for auctioneer’s practicing
certificate to work for property auction service centers.
3. Those who are incapacitated or
have limited capacity for civil acts; or have difficulty in awareness or
control of their own acts.
4.[56]
Those who are liable to criminal prosecution; have been convicted under legally
effective judgments; have been convicted but fails to have their criminal
records expunged; have been convicted of offenses against regulations on
property auction, obtaining property by deception or corruption-related crimes,
regardless of whether their criminal records have been expunged or not.
5. Those who are consigned to
rehabilitation centers or educational institutions under decisions on
imposition of administrative penalties issued in accordance with the law on
penalties for administrative violations.
Article 16.
Revocation of auctioneer’s practicing certificates
1. An auctioneer’s practicing
certificate shall be revoked:
a) In any of the cases specified in
Article 15 of this Law;
b) [57]
When the certificate holder has failed to practice as an auctioneer as
prescribed in clause 1 Article 18 of this Law for 02 consecutive years, except
force majeure events;
c) [58]
When the certificate holder incurs administrative penalties, as prescribed by
regulations of law on penalties for administrative violations, for committing
violations against regulations in points b, c or dd1 clause 1 Article 9 of this
Law;
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dd) When the certificate holder is
declared missing or dead.
2. An auctioneer’s practicing
certificate shall be revoked following these procedures:
a) Within 20 days from its receipt
of information that an auctioneer’s practicing certificate holder falls into
one of the cases of certificate revocation specified in clause 1 of this
Article, the Department of Justice of province or city where the organization
in which he/she is practicing is headquartered or where he/she permanently
resides in case he/she has not yet commenced practice shall consider and carry
out verification of information;
b) Within 07 business days after
obtaining a ground to believe that the auctioneer’s practicing certificate holder
falls into one of the cases of certificate revocation, the relevant provincial
Department of Justice shall send a written request, which is accompanied with
relevant documents, to the Ministry of Justice to revoke his/her auctioneer’s
practicing certificate;
c) Within 15 days from the receipt
of the written request from the provincial Department of Justice, the Minister
of Justice shall issue a decision to revoke the auctioneer’s practicing
certificate. Such decision shall be sent to the person whose auctioneer’s
practicing certificate is revoked, the organization where he/she practices and
the requesting provincial Department of Justice. In case there are insufficient
grounds for certificate revocation, the Ministry of Justice shall notify such
in writing to relevant agencies, organizations and individuals.
Article 17.
Re-grant of auctioneer’s practicing certificates
1. A person whose auctioneer’s
practicing certificate is revoked as prescribed in point a clause 1 Article 16
of this Law may be considered for re-grant of such certificate when meeting all
of the standards set out in Article 10 of this Law and the reason for
certificate revocation no longer exists.
2. A person whose auctioneer’s
practicing certificate is revoked as prescribed in point b clause 1 Article 16
of this Law may be considered for re-grant of such certificate 01 year after
his/her certificate is revoked.
3. A person whose auctioneer’s
practicing certificate is revoked as prescribed in point d clause 1 Article 16
of this Law may be considered for re-grant of such certificate when he/she so
requests.
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5. A person whose auctioneer’s
practicing certificate is revoked may not apply for re-grant of such
certificate in the following cases:
a) His/her auctioneer’s practicing
certificate is revoked as prescribed in Point c, Clause 1, Article 16 of this
Law;
b) [59]
He/she has been convicted of an offense against regulations on property
auction, obtaining property by deception or a corruption-related crime,
regardless of whether his/her criminal record has been expunged or not.
6. A person whose auctioneer’s
practicing certificate is revoked as prescribed in clause 1 of this Article
shall send a package of application for re-grant of auctioneer’s practicing
certificate to the Ministry of Justice and pay the application fee as
prescribed by law. Such an application includes:
a) An application form for re-grant
of auctioneer’s practicing certificate;
b) Documents proving that the
reason for revocation of the auctioneer’s practicing certificate no longer
exists;
c) A 3x4 cm color photo.
7. A person whose auctioneer’s
practicing certificate is revoked as prescribed in clause 2 or 3 of this
Article or in the case prescribed in clause 4 of this Article shall send a
package of application for re-grant of auctioneer’s practicing certificate to
the Ministry of Justice and pay the application fee as prescribed by law. Such
an application includes the documents specified in Points a and c Clause 6 of
this Article.
8. Within 10 business days from the
receipt of an adequate and valid application, the Minister of Justice shall
decide to re-grant an auctioneer’s practicing certificate. If an application is
refused, a written response indicating reasons for such refusal shall be given.
A person whose application for re-grant of auctioneer’s practicing certificate
is refused may file complaints or initiate lawsuits in accordance with law.
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1. Auctioneers may practice at:
a) Property auction service
centers;
b) Property auction enterprises;
c) Wholly state-owned organizations
established by SBV[60]
to settle bad debts of credit institutions.
2. Practicing by auctioneers as
prescribed in Point a, Clause 1 of this Article must comply with this Law, the
law on officials and the law on public employees.
3. Practicing by auctioneers as
prescribed in Point b, Clause 1 of this Article may be carried out through
establishing, participating in the establishment of, or working under
employment contracts in, property auction enterprises. Each auctioneer may
establish, or participate in the establishment of, or sign an employment
contract with, only one property auction enterprise in accordance with this Law
and other relevant regulations.
4. Practicing by auctioneers as
prescribed in Point c, Clause 1 of this Article must comply with this Law and
the labor law.
Article 19.
Rights and obligations of auctioneers
1. An auctioneer shall have the following
rights:
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b) [61]
Directly run the auction session; handle situations that may arise during the
auction session following the rules set out in Article 6 of this Law;
c) Deprive bidders of their rights
to participate in an auction session[62]
due toe their commission of the acts prescribed in Clause 5 Article 9 of this
Law;
d) Stop an auction session[63]
when detecting any act of collusion, suppressing prices or disturbing or
causing disorder at the auction session[64],
and notify such matters to the property auction practicing organization[65];
dd) Run the auction session[66]
under the contract signed by and between the property auction council and the
property auction practicing organization[67]
where he/she is practicing, in case an auction is held by the council, or the
wholly state-owned organization established by SBV[68]
to settle bad debts of credit institutions, in case this organization conducts
the auction itself;
e) Instruct and supervise auction
practice interns;
g) Exercise other rights as
prescribed by laws.
2. An auctioneer shall have the
following obligations:
a) Comply with the property auction
rules, order and procedures prescribed in this Law;
b) Comply with the Code of
professional ethics for auctioneers;
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d) Take responsibility for the
tasks performed by auction practice interns whom he/she instructs as prescribed
in Clause 3, Article 13 of this Law;
dd) Participate in professional
liability insurance as prescribed in Article 20 of this Law;
dd1) [71]
Attend professional refresher training courses in auction as prescribed;
e) Perform other obligations as
prescribed by law.
Article 20.
Professional liability insurance for auctioneers
1. Auctioneers may participate in
professional liability insurance through property auction practicing
organizations[72]
or the wholly state-owned organizations established by SBV[73]
to settle bad debts of credit institutions.
2. Property auction practicing
organizations[74]
and the wholly state-owned organizations established by SBV[75]
to settle bad debts of credit institutions shall purchase professional
liability insurance for their auctioneers.
Article 21.
Socio-professional organizations of auctioneers
1. The socio-professional
organization of auctioneers is a self-managed organization established to
protect lawful rights and interests of auctioneers; provide auctioneers with
refresher training courses in legal knowledge and practicing skills; supervise
the observance of the Code of professional ethics by auctioneers; and perform
other tasks prescribed by the law on associations and its charter.
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Section 2.
PROPERTY AUCTION PRACTICING ORGANIZATIONS [76]
Article 22.
Property auction service centers
1. Property auction service centers
shall be established under decisions of provincial People’s Committees.
2. Property auction service centers
are public non-business units of provincial Departments of Justice, have their
own offices, seals and bank accounts. Directors of property auction service
centers are auctioneers.
Article 23.
Property auction enterprises
1. Property auction enterprises
shall be established and organized, and operate as sole proprietorships or
partnerships in accordance with provisions of this Law and other relevant laws.
2. The name of an auction sole
proprietorship shall be given by its proprietor while the name of an auction
partnership may be chosen by its partners, provided such a name must comply
with the Law on Enterprises and contain the phrase “doanh nghiệp đấu giá tư nhân” (“auction sole proprietorship”) or “công ty đấu giá hợp danh” (“auction
partnership”).
3. Conditions for registration of
operation of a property auction enterprise:
a) The proprietor of an auction
sole proprietorship must be an auctioneer who concurrently acts as its
Director. An auction partnership must have at least a general partner that is
an auctioneer, and its General Director or Director must also be an auctioneer;
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4. Any matters relating to the
establishment, organization, operation and shutdown of property auction
enterprises which are not prescribed in this Law shall comply with the Law on
enterprises.
Article 24.
Rights and obligations of property auction practicing organizations [77]
1. A property auction practicing
organization[78]
shall have the following rights:
a) [79]
Provide property auction services;
a1)[80]
Reach an agreement with the auctioned property seller on application of one, some
or all of regulations regarding auction procedures laid down in this Law to
their auctioned property as prescribed in clause 2 Article 4 of this Law;
b) Recruit auctioneers to work for
it in accordance with law;
c) Request auctioned property
sellers to provide sufficient and accurate information and documents related to
their auctioned property;
d) Receive payments of auction
service prices[81],
and property auction costs under property auction service contracts;
dd) Appoint auctioneers to run
auction sessions[82];
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g) Determine starting prices of the
auctioned[83]
property as prescribed in Clause 2 Article 4 of this Law with authorization
given by auctioned property sellers;
h) Assign its auctioneers to
instruct auction practice interns;
i) Unilaterally terminate or cancel
property auction service contracts or request the competent Court to declare
such property auction service contracts null and void in accordance with
regulations of the civil law and this Law;
i1)[84]
Collect, manage and use proceeds from sale of auction documents as prescribed
by law;
i2) [85]
Cooperate with other property auction practicing organizations in conduct of
property auctions as prescribed in clause 2 Article 4 of this Law;
k) Exercise other rights as
prescribed by law.
2. A property auction practicing
organization[86]
shall have the following obligations:
a) [87]
Conduct property auctions according to the rules and procedures set out in this
Law, except the cases prescribed in point a1 clause 1 of this Article, and
assume responsibility for auction results;
b) Promulgate the Rules of auction
as prescribed in Article 34 of this Law and other relevant laws;
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d) Request auctioned property
sellers to transfer the auctioned property and all relevant documents to the
auctioned property buyers; if authorized by auctioned property sellers to
preserve or manage the auctioned property and all relevant documents, directly
transfer them to the auctioned property buyers;
dd) Pay compensations for damage
caused during the property auction in accordance with law;
e) Perform obligations under
property auction service contracts;
g) Keep logbooks of auctioned
property and auction registers;
h) [89]
(abrogated)
i) Purchase professional liability
insurance for its auctioneers as prescribed in Article 20 of this Law;
k) Submit the lists of its
auctioneers and auction practice interns to the Department of Justice of
province or city where it is headquartered;
l) Submit reports on its
organization and operation to the Department of Justice of province or city
where it is headquartered on an annual basis or upon request; An enterprise
that has branches shall also submit such reports to the Department of Justice
of province or city where such a branch is located;
m) Comply with examination and
inspection requests of competent authorities;
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Article 25.
Registration of operation of property auction enterprises
1.[90]
The founder of an enterprise meeting the conditions set out in Article 23 of
this Law shall submit a package of application for registration of property
action operations to the Department of Justice of province or city where the
enterprise is headquartered, and pay application fee as prescribed by law. Such
an application includes:
a) An application form;
b) The Charter of enterprise that
is an auction partnership;
c) Certified true copy(ies), or
copy(ies) presented together with its/their original(s) for verification
purpose, of the auctioneer’s practicing certificate of the proprietor of the
auction sole proprietorship, or auctioneer’s practicing certificates of general
partners, General Director or Director of the auction partnership.
2. Within 10 business days from its
receipt of an adequate and valid application, the provincial Department of
Justice shall issue a certificate of operation registration to the applicant.
If an application is refused, reasons for such refusal must be provided in
writing. In this case, the applicant is entitled to make complaint or file
lawsuit against such refusal in accordance with regulations of law.
3. A property auction enterprise
commences its operation from the date it is granted a certificate of operation
registration.
Article 26.
Changes in operation registration contents and re-grant of certificates of
operation registration of property auction enterprises
1.[91]
If a property auction enterprise is renamed or relocates its headquarters
within the same province or central-affiliated city where it is headquartered
or makes any change in its branch, representative office, legal representative,
or list of its auctioneers, it shall follow these procedures:
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b) Within 05 business days from its
receipt of the application, the provincial Department of Justice shall make a
decision to approve changes in operation registration contents and re-grant a
certificate of operation registration to the applicant. If an application is
refused, reasons for such refusal must be provided in writing. In this case,
the applicant is entitled to make complaint or file lawsuit against such
refusal in accordance with regulations of law.
1a. [92]
In case the headquarters of a property auction enterprise is relocated to a
province or city other than the one where it is currently headquartered, it
shall follow these procedures:
a) Within 10 business days from the
date of the change decision, the property auction enterprise shall send a
notice of relocation of its headquarters to the provincial Department of
Justice where it is registered, and send an application for approval of change,
accompanied with a certified true copy, electronic certified true copy, or copy
presented together with its original for verification purpose, of its
certificate of operation registration to the Department of Justice of province
or city to which its headquarters will be relocated;
b) Within 05 business days from its
receipt of an adequate and valid application, the receiving Department of
Justice shall issue a certificate of operation registration to the applicant,
send a notice of such issuance of certificate to the Department of Justice of
province or city where the property auction enterprise was previously
headquartered, and provide information on operation registration of the
property auction enterprise as prescribed in Article 27 of this Law. If an
application is refused, written reasons for such refusal must be provided. In this
case, the applicant is entitled to make complaint or file lawsuit against such
refusal in accordance with regulations of law.
The certificate of operation
registration issued by the Department of Justice of province or city where the
property auction enterprise was previously headquartered shall cease to have
legal effect from the date on which it is issued with a new certificate of
operation registration by the Department of Justice of province or city to
which its headquarters will be relocated. The Department of Justice of province
or city where the property auction enterprise was previously headquartered
shall make a decision to invalidate the certificate of operation registration
issued to this enterprise, and publish this decision on its web portal within
03 business days from its receipt of a notice of issuance of a new certificate
from the Department of Justice of province or city to which this enterprise’s
headquarters will be relocated;
c) The property
auction enterprise that is issued with a certificate of operation registration
shall publish its operation registration contents according to provisions of
Article 28 of this Law.
2. In case the
information provided in the application for approval of changes in operation
registration contents is found falsified after a decision to approve changes in
operation registration contents has been issued, the provincial Department of
Justice shall issue a notice of the enterprise’s violation and cancel the
approved changes in its operation registration contents, and also notify the
case to a competent authority for handling in accordance with law.
3. In case a property auction
enterprise wishes to apply for re-grant of certificate of operation
registration which has been lost, torn, burned or otherwise destroyed, it shall
follow these procedures:
a) It shall submit an application
form to the provincial Department of Justice where it is registered;
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Article 27.
Provision of information on operation registration contents of property auction
enterprises
Within 07 business days after
granting a certificate of operation registration or approving changes in
operation registration contents of a property auction enterprise, the relevant
provincial Department of Justice shall notify such act in writing to the tax
authority, statistics authority and planning and investment authority of the
locality where the enterprise is headquartered; and publish on its web portal
the enterprise’s operation registration contents as specified in Clause 1
Article 28 of this Law.
Article 28.
Disclosure of operation registration contents of property auction
enterprises
1.[93]
Within 30 days from the date on which it is issued with a certificate of
operation registration, the property auction enterprise shall publish the
following main contents of operation registration on the National property
auction portal, including:
a) Its name;
b) Its headquarters address,
branch(es) and/or representative office(s);
c) Number, issue date and issuing
authority of its certificate of operation registration;
d) Full name and number of
auctioneer’s practicing certificate of the proprietor of the auction sole
proprietorship; or full names and numbers of auctioneer’s practicing
certificates of general partners, General Director or Director of the auction
partnership.
2. When making changes in its
operation registration contents, a property auction enterprise shall also
publish such changes as prescribed in clause 1 of this Article.
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1. A property auction enterprise
may establish its branch(es) in or outside the province or central-affiliated
city where it is registered. The property auction enterprise shall take
responsibility for operation of its branches and appoint its auctioneer to act
as the head of each branch.
2. The property auction
enterprise shall submit a package of application for registration of operation
of its branch to the Department of Justice of province or city where the branch
is located. Such an application includes:
a) An application form;
b) The branch establishment
decision;
c) A certified true copy, or a copy
presented together with its original for verification purpose, of its
certificate of operation registration;
d) A certified true copy, or a copy
presented together with its original for verification purpose, of the
auctioneer’s practicing certificate of the branch head;
dd) [94]
(abrogated)
3. Within 07 business days from its
receipt of an adequate and valid application, the provincial Department of
Justice shall issue a certificate of branch registration to the applicant. If
an application is refused, reasons for such refusal must be provided in
writing. In this case, the applicant is entitled to make complaint or file
lawsuit against such refusal in accordance with regulations of law.
4. A branch commences its operation
from the date it is granted certificate of branch registration. Within 07
business days from the date on which a certificate of branch registration is
granted, the property auction enterprise shall send a written notice of its
branch operation which is accompanied with a copy of the issued certificate of
branch registration to the Department of Justice of province or city where the
enterprise is registered.
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a) Within 10
business days from the date of the change decision, the property auction
enterprise shall send an application form for approval of change to the
provincial Department of Justice where its branch is registered. In case of
replacement of the branch's head, the application form must also include a
certified true copy, electronic certified true copy, or copy presented together
with its original for verification purpose, of the auctioneer’s practicing certificate
of the new branch’s head;
b) Within 05
business days from its receipt of the application form, the provincial
Department of Justice shall make a decision to approve changes in operation
registration contents and re-grant a certificate of branch registration. If an
application is refused, reasons for such refusal must be provided in writing.
In this case, the applicant is entitled to make complaint or file lawsuit
against such refusal in accordance with regulations of law.
6.[96]
In case the branch of a property auction enterprise is relocated to a province
or city other than the one where it is currently located, these procedures
shall be followed:
a) Within 10 business days from the
date of the change decision, the property auction enterprise shall send a
notice of relocation of its branch to the provincial Department of Justice
where its branch is registered, and submit an application for approval of
change, accompanied with a certified true copy, electronic certified true copy,
or copy presented together with its original for verification purpose, of the
issued certificate of branch registration;
b) Within 05 business days from its
receipt of an adequate and valid application, the Department of Justice of
province or city to which the branch is relocated shall issue a new certificate
of branch registration, and send a written notification thereof to the
Department of Justice of province or city from which the branch is relocated.
If an application is refused, reasons for such refusal must be provided in
writing. In this case, the applicant is entitled to make complaint or file
lawsuit against such refusal in accordance with regulations of law.
The certificate of branch
registration issued by the Department of Justice of province or city from which
the branch is relocated shall cease to have legal effect from the date on which
a new certificate of branch registration is issued by the Department of Justice
of province or city to which the branch is relocated. The Department of Justice
of province or city from which the branch is relocated shall make a decision to
invalidate the issued certificate of branch registration, and publish this
decision on its web portal within 03 business days from its receipt of a notice
of issuance of a new certificate of branch registration from the Department of
Justice of province or city to which this branch is relocated.
7.[97]
In case a property auction enterprise wishes to apply for re-grant of a
certificate of branch registration which has been lost, torn, burned or
otherwise destroyed, it shall follow these procedures:
a) The property
auction enterprise shall submit an application form to the provincial
Department of Justice where the branch is registered;
b) Within 07 business days from its
receipt of the application form, the provincial Department of Justice shall
re-grant a certificate of branch registration. If an application is refused,
reasons for such refusal must be provided in writing. In this case, the
applicant is entitled to make complaint or file lawsuit against such refusal in
accordance with regulations of law.
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1. A property auction enterprise
may establish its representative office(s) in or outside the province or
central-affiliated city where it is registered. Representative offices are not
allowed to conduct property auctions.
2. Within 05 business days from the
date of establishment of its representative office, the property auction
enterprise shall notify in writing the address of such representative office to
the Department of Justice of province or city where the representative office
is located and the provincial Department of Justice where the enterprise is
registered.
Article 31.
Shutdown of property auction enterprises
1. A property auction enterprise
shall shut down in the following cases:
a) It is dissolved;
b) It undergoes consolidation or
merger;
c) It goes bankrupt;
d) Its certificate of operation
registration is revoked as prescribed in clause 1 Article 32 of this Law.
2. Within 07 business days from the
date of shutdown of the property auction enterprise, the provincial Department
of Justice shall notify such shutdown in writing to the tax authority,
statistics authority and planning and investment authority of the locality
where the enterprise is headquartered; and publish information on the enterprise’s
shutdown on its web portal.
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1. A property auction enterprise
shall have its certificate of operation registration revoked in the following
cases:
a) It no longer satisfies the
conditions set out in Clause 3 Article 23 of this Law;
b) Information provided in its
application for operation registration is found fraudulent;
c) It has ceased its business for
01 year without giving notification thereof to the provincial Department of
Justice where it is registered;
d) It has incurred administrative
penalties for failure to submit reports as prescribed in point I clause 2
Article 24 of this Law and relapses into the same violation;
d1) [98]
Such revocation is made at the request of a competent authority;
dd) Such revocation is made in
other cases under a competent Court’s decision.
2. Order and
procedures for revoking certificate of operation registration of a property
auction enterprise:
a) For the case
specified in Point a Clause 1 of this Article, the provincial Department of
Justice shall request the property auction enterprise in writing to take
actions to satisfy the conditions set out in Clause 3 Article 23 of this Law
within 30 days from the date of the request. Upon the expiration of the
abovementioned time limit, if the property auction enterprise still fails to
satisfy the conditions set out in Clause 3 Article 23 of this Law, the
provincial Department of Justice shall issue a decision to revoke its
certificate of operation registration;
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c) For the case
specified in Point c Clause 1 of this Article, the provincial Department of
Justice shall send a written notice requesting the enterprise’s legal
representative to provide explanations at the office of the provincial
Department of Justice. After 10 business days from the end of the time limit
specified in the notice, if its legal representative fails to appear and
provide explanations as requested, the provincial Department of Justice shall
issue a decision to revoke its certificate of operation registration;
d) For the case
specified in Point d Clause 1 of this Article, the provincial Department of
Justice shall issue a decision to revoke the enterprise’s certificate of
operation registration.
dd) [99]
For the case specified in point d1 clause 1 of this Article, the revocation of
certificate of operation registration of the property auction enterprise shall
comply with the Government’s regulations.
3. The Provincial
Department of Justice where the involved property auction enterprise is
registered shall publish information on revocation of certificate of operation
registration of such enterprise on its web portal; send written notices of such
revocation to the tax authority, statistics authority, and planning and
investment authority of the locality where the enterprise is registered, and submit
reports on such revocation to the Ministry of Justice of Vietnam.
Chapter III
PROPERTY AUCTION PROCEDURES
Article 33.
Property auction service contracts
1. An auctioned property seller
shall enter into a property auction service contract with a property auction
practicing organization[100]
to conduct the property auction. Such a property auction service contract must
be made in writing and comply with provisions of the civil law and this Law.
2. When entering into a property
auction service contract, the auctioned property seller shall provide the
property auction practicing organization[101]
with documents proving their ownership of or rights to use or sell the property
in accordance with regulations of law and assume legal responsibility for the
provided documents.
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4. The property auction practicing
organization[105]
and the auctioned property seller shall exercise and discharge their rights and
obligations in accordance with the signed property auction service contract,
this Law, the civil law, and other relevant laws.
5. The auctioned property seller or
property auction practicing organization[106]
is entitled to unilaterally terminate the property auction service contract in
accordance with the civil law before the property auction practicing
organization[107]
receives applications for participation in auction from bidders, unless
otherwise prescribed by law.
6. The auctioned property seller is
entitled to cancel the property auction service contract on one of the
following grounds:
a) The auction is held by an
organization that is ineligible to conduct property auction or the auction
session[108]
is run by an individual who is a not an auctioneer, unless an auction is held
by a property auction council;
b) The property auction practicing
organization[109]
intentionally allows a person who fails to meet eligibility requirements to
participate in an auction as prescribed by law to participate in the auction
and then become the auction winner;
c) The property auction practicing
organization[110]
commits one of the following acts: failing to post up information on property
auction; failing to make public disclosure of information on property auction;
improperly implementing regulations on sale of auction documents[111]
or organization of application for participation in auction; or impeding or
restricting bidders from submitting applications for participation in auction;
d) The property auction practicing
organization[112]
enters into collusion or illegal cooperation with bidders during the auction
resulting in falsified information on the auctioned property or auction
documents or property auction results;
dd) The property auction practicing
organization[113]
holds an auction without adopting the auction forms and methods prescribed in
the rules of auction, resulting in falsified property auction results.
Article 34.
Rules of auction
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2. Such Rules of auction shall,
inter alia, include:
a)[115]
Name of the property or list of property items, property lot or single item,
quantity and quality of the auctioned property; location of the auctioned
property; documents proving the ownership or rights to use the auctioned
property;
b) Time and venue for checking the
auctioned property;
c) [116]
Start and end dates and time of the sale of auction documents; date and time
for receipt and deadline for submission of applications for participation in
the auction; place of selling auction documents, and place of receipt of
applications for participation in the auction;
d) Starting price of the auctioned
property, in case such price is published;
dd) [117]
Selling price of auction documents, required EMD; date and time for receipt and
deadline for paying EMD;
e) Time, venue, conditions and
method of registration for participation in auction;
g) Time and venue for holding the
auction session[118];
h) Form and method of auction;
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k) [119]
Bid increment and application of bid increment in rounds of the auction in case
the auction has bid increment and rounds; valid and invalid bids in case of
oral auction or online auction; valid and invalid bid forms in case of auction
where bidders cast their bid forms directly at the auction session or in case
of sealed-bid auction;
l) [120]
Regulations on method of writing bid forms, deadline for submission of bid
forms, and procedures for sealing and breaking the seal of the bid form box in
case of sealed-bid auction;
m) [121]
Bid for each of the auctioned property items, including LURs and property on
land, in case the holder of LURs is not the owner of the property on land.
3.[122]
The property auction practicing organization must publicly post up the Rules of
auction at its headquarters, and the auction venue, and publish them on the
National property auction portal at the same time when information on the
auction is publicly disclosed as prescribed in Article 57 of this Law.
Article 35.
Posting up information on property auction
1.[123]
The property auction practicing organization shall post up information on
property auction as follows:
a) If the
auctioned property is movable property, the property auction practicing
organization shall post the information specified in clause 2 of this Article
at its headquarters, the headquarters of the auctioned property seller,
showroom where the property is displayed (if any) and the auction venue for a consecutive
period of at least 07 business days before the planned date of the auction;
b) If the
auctioned property is real estate, the property auction practicing organization
shall post the information specified in clause 2 of this Article at its headquarters,
the headquarters of the auctioned property seller, the auction venue and the
People’s Committee of commune where the property is located for a consecutive
period of at least 15 business days before the planned date of the auction.
In case of auction
of LURs over a land plot which is allocated or leased for executing an
investment project or mining rights, the property auction practicing
organization shall post the information specified in clause 2 of this Article
at its headquarters, the headquarters of the auctioned property seller and the
auction venue for a consecutive period of at least 30 business days before the
planned date of the auction.
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a) If the
auctioned property is movable property, information shall be posted for a
consecutive period of at least 03 business days before the planned date of the
auction;
b) If the auctioned property is
real estate, information shall be posted for a consecutive period of at least
05 business days before the planned date of the auction.
2. Information to be posted
includes:
a) Names and addresses of the
property auction practicing organization[125]
and the auctioned property seller;
b) [126]
The contents specified in points a, b, c, d, dd, e, g, h, k and l clause 2
Article 34 of this Law.
3.[127]
The property auction practicing organization shall include the documents and
images of its posting of information on the property auction as prescribed in
clauses 1 and 2 of this Article in its retained auction dossier. If the
information is posted at the People’s Committee of commune where the auctioned
real estate is located, the property auction practicing organization shall retain
the documents and images of its posting of information or make a record of such
posting which must indicate the end date of posting and bear certification of
the relevant Commune-level People’s Committee.
4. In addition to posting of
information on property auction as prescribed in Clauses 1 and 2 of this
Article, the property auction practicing organization[128]
shall make public disclosure of information on property auction as prescribed
in Article 57 of this Law at the request of the property seller.
Article
36. Property viewings [129]
1. The property
auction practicing organization shall cooperate with the auctioned property
seller in organizing viewings for bidders to visit the property or model
property, and documents on the ownership of or rights to use the property and
relevant documents (if any) in person. The seller’s name and information on the
property must be available on the property or model property.
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2. The property
auction practicing organization shall cooperate with the auctioned property
seller in organizing viewings for bidders to visit the property during office
hours for a consecutive period of at least 03 business days from the day on
which information on the property auction is posted to the planned date of the
auction.
Article
37. Auction venue [130]
1. The auctioned
property seller and the property auction practicing organization shall reach an
agreement on the auction venue as follows:
a) If the
auctioned property is movable property, the auction venue shall be within the
same province or central-affiliated city where the property auction practicing
organization or the auctioned property seller is headquartered, or where the
auctioned property is located;
b) If the
auctioned property is real estate, the auction venue shall be within the same
province or central-affiliated city where the auctioned property is located. If
the auctioned property includes real estate pieces located in different
provinces or central-affiliated cities, the auctioned property seller and the
property auction practicing organization shall reach an agreement to conduct
the auction in one of the provinces or central-affiliated cities where the real
estate is located or where the auctioned property seller or the property auction
practicing organization is headquartered.
2. In case, after
the deadlines for submission of applications for participation in auction and
payment of EMD prescribed in the Rules of auction have passed, a selected
auction venue still fails to meet conditions for conducting an auction, the
property auction practicing organization shall:
a) enter into a
written agreement with the auctioned property seller on change of the auction
venue, provided that the new auction venue must be within the same rural or
urban district, district-level town, provincial city or central-affiliated city
that was previously notified; and
b) notify eligible bidders of the
new auction venue in writing. Such notification must be made at least 01
business day before the auction date defined in the issued rules of auction.
Article 38.
Registration for participation in auction
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2.[132]
The property auction practicing organization shall sell auction documents and
receive applications for participation in auction at its headquarters during
office hours for a consecutive period from the day on which information on
property auction is posted to the date which is at least 02 business days
before the planned date of auction, except the cases prescribed in clause 2b
and clause 2c of this Article. The property
auction practicing organization shall give notification to ineligible bidders
at least 01 business day before the planned date of auction.
Where the auction is conducted following simplified
procedures as prescribed in Article 53 of this Law, the property auction
practicing organization shall sell auction documents and receive applications
for participation in auction at its headquarters during office hours for a
consecutive period from the day on which information on property auction is
posted to the date which is at least 01 business day before the planned date of
auction.
2a.[133]
A set of auction documents includes:
a) An application
form for participation in auction;
b) Rules of
auction;
c) Bid form, in
case of sealed-bid auction;
d) Documents on
the auctioned property.
2b.[134]
In case of auction of LURs over a land plot which is allocated or leased for
executing an investment project or mining rights, the property auction
practicing organization shall sell auction documents and receive applications
for participation in auction at its headquarters during office hours for a
consecutive period from the day on which information on property auction is
posted to the date which is at least 15 business days before the planned date
of auction.
Each bidder shall send 02 sealed application packages
to the property auction practicing organization. Within 01 business day from
the deadline for submission of applications for participation in auction, the
property auction practicing organization shall send one of two sealed
application packages received from bidder to the auctioned property seller. Pursuant
to regulations of law applicable to their property, the auctioned property
seller shall consider evaluating the eligibility of bidders and provide the
property auction practicing organization with the list of eligible bidders and
the list of ineligible bidders at least 05 business days before the planned
date of auction.
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2c.[135] Where the property auction practicing organization is
headquartered in a province or central-affiliated city different from the one
where the auctioned property is located, in addition to the sale of auction
documents and receipt of applications for participation in auction at its
headquarters, the property auction practicing organization shall also sell
auction documents and receive applications for participation in auction at the
headquarters of the auctioned property seller or at another location as agreed
upon with the auctioned property seller, provided that this location must be
within the same province or central-affiliated city where the auctioned
property is located within the periods specified in clause 2 and clause 2b of
this Article.
2d. [136]
In addition to the sale of auction documents and receipt of applications for
participation in auction as prescribed in clauses 2, 2b and 2c of this Article,
the property auction practicing organization and the auctioned property seller
may reach an agreement to sell auction documents and receive applications for
participation in auction at other locations or electronically on their
website(s) or the National property auction portal.
2dd. [137]
An application for participation in auction includes:
a) An application form for
participation in auction;
b) Documents proving the bidder’s
eligibility to participate in auction or certification of the bidder's
eligibility to participate in auction given by a competent authority in case
the bidder must satisfy eligibility requirements laid down by laws.
3. In addition to the conditions
for registration for participation in an auction laid down in this Law and
other relevant laws, the auctioned property seller or property auction
practicing organization[138]
may not set out any other requirements or conditions on bidders.
4. The following persons are
ineligible to register for participation in auction:
a) Those who lack capacity for
civil acts, are incapacitated or have limited capacity for civil acts, or have
difficulty in awareness or control of their own acts, or those who are unable
to be aware of or control their own acts at the date of application for participation
in auction;
b) Those working at the property
auction practicing organization[139]
that conducts the auction; parent, spouse, child or blood sibling of the
auctioneer that runs the auction session[140];
person directly engaged in property inspection or valuation; or parent, spouse,
child or blood sibling of the person directly engaged in property inspection or
valuation;
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d) Parent, spouse, child or blood
sibling of the person mentioned in point c of this clause;
dd) Those who are not allowed to
buyer the auctioned property under regulations of law applicable to such type
of property.
Article 39.
Earnest Money Deposit (EMD) and handling thereof
1.[141]
Each bidder is required to pay EMD. EMDs are paid to a separate checking account
of the property auction practicing organization which is opened at a commercial
bank or foreign bank branch established in Vietnam.
The bidder, the
auctioned property seller and the property auction practicing organization may
reach an agreement to pay EMD in the form of bank guarantee.
In case of auction
of LURs over a land plot which is allocated or leased for executing an
investment project or rights to use radio frequencies, the auctioned property
seller may request that the received EMD amount on the separate checking
account of the property auction practicing organization should be frozen in
accordance with regulations of law on credit institutions.
1a. [142]
The required EMD shall be agreed upon by the property auction practicing
organization and the auctioned property seller but not be smaller than 5% or
higher than 20% of the starting price of the auctioned property, except the
case specified in clause 1b of this Article and the following cases:
a) In case of
auction of mining rights where the starting price in cash cannot be determined,
the EMD shall be determined in accordance with regulations of law on minerals.
In case of auction of mining rights where the starting price in cash can be
determined, the required EMD shall not be smaller than 10% or higher than 20%
of the starting price;
b) In case of
auction of LURs over a land plot which is allocated or leased for executing an
investment project, the required EMD shall not be smaller than 10% or higher
than 20% of the starting price;
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1b. [143]
In case of auction of rights to use radio frequencies, the required EMD shall
be agreed upon by the property auction practicing organization and the
auctioned property seller but comply with the following provisions:
a) If bids are
offered according to point a clause 1 Article 59 of this Law, the required EMD
shall not be smaller than 5% or higher than 20% of the starting price of the
auctioned frequency band unit;
b) If bids are
offered or prices are accepted according to point b clause 1 Article 59 of this
Law, the required EMD shall not be smaller than 5% or higher than 20% of the
product of the starting price of a frequency band unit and the number of
frequency band units bid for;
c) If bids are offered according to
point c clause 1 Article 59 of this Law, the required EMD shall not be smaller
than 5% or higher than 20% of the product of the highest price among the
starting prices of frequency band units put up at auction and the number of
frequency band units bid for.
2.[144]
Each bidder shall pay the required EMD to the property auction practicing
organization after information on property auction is posted but at least 02
business days before the planned date of auction.
Where
the auction is conducted following simplified procedures as prescribed in
Article 53 of this Law, each bidder shall pay the required EMD to the property
auction practicing organization after information on property auction is posted
but at least 01 business day before the planned date of auction.
In case of auction of LURs over a
land plot which is allocated or leased for executing an investment project or
mining rights, each eligible bidder as notified by the property auction
practicing organization as prescribed in clause 2b Article 38 of this Law shall
pay the required EMD to the property auction practicing organization at least
01 business day before the planned date of auction.
3.[145]
Bidders are entitled to refuse to participate in the auction and get back their
paid EMD amounts in case there is any change in the posted or notified starting
price, quantity or quality of the auctioned property, time or venue of the
auction, form or method of auction.
4.[146]
Within 03 business days upon completion of the auction or another agreed-upon
time limit, the property auction practicing organization shall return received
EMD amounts and interests thereon (if any) to the bidders that refuse to
participate in the auction as prescribed in clause 3 of this Article, or are
ineligible to participate in the auction as notified by the property auction
practicing organization, or are unsuccessful bidders, except the case in clause
6 of this Article.
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Settlement
of such deposit shall comply with provisions of the civil code and relevant
laws.
6. EMD paid by a bidder shall be
forfeited in the following cases:
a) The bidder has paid the required
EMD but fails to participate in the auction session[148]
or the price announcement session without force majeure reasons;
b) The bidder is deprived of rights
to participate in auction for one of the violations prescribed in Clause 5
Article 9 of this Law;
c) The bidder refuses to sign the
auction record as prescribed in clause 3 Article 44 of this Law;
d) The bidder withdraws the offered
bid or accepted price as prescribed in Article 50 of this Law;
dd) The bidder refuses to receive
the auction winning result as prescribed in Article 51 of this Law.
7. Apart from the cases specified
in Clause 6 of this Article, the property auction practicing organization[149]
may not include any other cases where the bidder’s EMD is forfeited in the
rules of auction.
8. The EMD prescribed in Clause 6
of this Article belongs to the auctioned property seller. In case the auctioned
property seller is a regulatory authority, the received amount of EMD that
remains after paying the property auction costs shall be remitted into state
budget in accordance with regulations of law.
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1. The property auction practicing
organization[150]
shall reach an agreement with the auctioned property seller on one of the
following auction forms:
a) Oral auction where bidders
communicate their bids orally at the auction session[151];
b) Casting bid forms directly at
the auction session[152];
c) Sealed-bid auction;
d) Online auction.
2. Auction methods include:
a) Ascending-price auction;
b) Descending-price auction.
3. Auction forms and methods shall
be stated in the Rules of auction and notified to bidders.
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Article 41.
Communicating bids orally at auction session [154]
1. An auctioneer shall run an
auction session[155]
in the form of oral auction where bidders communicate their bids orally at the
auction session[156]
in the following order:
a) Introduce himself/herself and
his/her assistant; announce the list of bidders, and taking the roll call for
identifying bidders;
b) Read out the rules of auction;
c) Introduce every auctioned
property item;
d) Repeat the starting price of the
auctioned property, in case such price is published;
dd) Announce the bid increment and
the maximum interval between bids offered or placed;
e) Deliver pre-numbered bid cards
to bidders;
g) Give instructions on how to
offer bids or accept the set price, and answer questions raised by bidders;
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2. Offer of bids in case of an
ascending-price auction shall be carried out as follows:
a) The auctioneer requests bidders
to offer their bids;
b) Bidders offer their bids. A bid
offered must at least equal the starting price, in case such price is
published. Each subsequent bid must be higher than the previous bid;
c) The auctioneer announces every
bid offered and asks other bidders to continue offering bids;
d) [157]
The auctioneer announces the bidder who has offered the highest bid to be the
auction winner after he/she has repeated that highest bid thrice but no higher
bid is submitted.
3. Acceptance of set prices in case
of a descending-price auction shall be carried out as follows:
a) The auctioneer sets a price for
bidders to accept. A bidder that accepts the starting price is the auction
winner;
b) The auctioneer announces the bid
decrement and continues announcing the prices if there is no bidder accepting
the starting price or the decreased price. A bidder that accepts the decreased
price is the auction winner;
c) If there are two or more bidders
accepting the starting price or the decreased price, the auctioneer will hold a
lot draw to find out the auction winner.
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1. An auctioneer shall run an
auction session[159]
in the form of casting bid forms directly at the auction session[160]
in the following order:
a) Perform the tasks prescribed in
points a, b, c, d, dd, e and g clause 1 Article 41 of this Law;
b) Repeating requirements for a
valid bid form, and the time limit for filling up a bid form;
c) Run the offer of bids or
acceptance of the set price as prescribed in clause 2, clause 3 of this
Article.
2. Offer of bids in case of an
ascending-price auction shall be carried out as follows:
a) [161]
Each bidder will write the amount they would like to bid in the provided bid
form. Upon expiration of the time limit for filling up bid forms, bidders shall
put their bid forms into the bid box; the auctioneer counts and announces the
number of bid forms delivered, the number of bid forms received, the number of
valid bid forms, and the number of invalid bid forms, and announces each bid
and the highest bid under the supervision of at least one bidder. In case of
auction of LURs to allocate residential land to an individual, only the highest
bid will be announced under the supervision of at least one bidder;
b) The auctioneer announces the
highest bid in such round of auction and asks bidders to continue offering
their bids for the subsequent round. The starting price for the subsequent
round of auction is the highest bid offered in the previous round;
c) The auction session[162]
ends when no bid is offered. The auctioneer declares the bidder that has
offered the highest bid to be the auction winner;
d) [163]
If there are two or more bidders offering the same bid which is the highest
one, the auctioneer will hold another auction among these bidders to find out
the auction winner. If one of these bidders wishes to offer another bid, the
auctioneer shall deliver a bid form to this bidder that will be then announced
by the auctioneer to be the auction winner if they have offered a higher bid.
If all of these bidders refuse to participate in another auction, the
auctioneer will hold a lot draw to find out the auction winner.
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a) Every bidder shall be provided
with a bid form on which the bidder shall express their acceptance of the
starting price set by the auctioneer. Upon expiration of the time limit for
filling up bid forms, the auctioneer shall ask bidders to submit their bid forms
or to cast them into the bid box[164];
and count the number of bid forms delivered and number of bid forms received;
b) The auctioneer shall announce
the price acceptance by each bidder under supervision of at least one bidder;
c) The auctioneer declares the
bidder that has accepted the starting price to be the auction winner. If there
is no bidder accepting the starting price, the auctioneer announces the bid decrement
and continues conducting casting of bid forms with the decreased price;
d) If there are two or more bidders
accepting the starting price or the decreased price, the auctioneer will hold a
lot draw to find out the auction winner.
4. The auctioned property seller
and the property auction practicing organization[165]
shall reach an agreement on the method of casting bid forms and number of
auction rounds as prescribed in Clauses 2 and 3 of this Article.
Article
43. Sealed-bid auction [166]
1. Each bidder
shall place their bid form in a sealed envelope and append their signatures on
the edges of this envelope. Sealed envelopes containing bid forms shall be sent
by post or directly submitted to the property auction practicing organization
for putting into the bid box. The bid box must be sealed immediately after the
deadline for submission of bid forms.
The deadline for
submission of bid forms is decided by the property auction practicing
organization and specified in the rules of auction but is at least 02 business
days before the planned date of the auction. The session in which bids are
announced shall be considered the auction session.
2. At the auction
session, the auctioneer runs the auction following these steps:
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b) Repeat requirements
regarding validity of bid forms;
c) Invite the
auctioned property seller and at least one bidder to supervise the intactness
of the bid box. If no opinion on the supervision result is given, the
auctioneer shall break the seal of the bid box;
d) Invite the
auctioned property seller and at least one bidder to supervise the intactness
of every sealed bid-containing envelope;
dd) Tear and open
each sealed bid-containing envelope, except those of bidders that are not
present at the auction session, announce the number of valid bid forms, and the
number of invalid bid forms, and then announce each bid and the highest bid
under the supervision of the auctioned property seller and at least one bidder.
In case of auction of LURs to allocate residential land to an individual, only
the highest bid will be announced under the supervision of the auctioned
property seller and at least one bidder;
e) Announce the
bidder that has offered the highest bid to be the auction winner.
3.
If there are two or more bidders offering the same bid which is the highest
one, immediately after bid forms containing the highest bid are announced, the
auctioneer will hold another auction among these bidders to find out the
auction winner. The auctioneer shall decide to hold an oral auction or adopt
the form of casting bid forms directly at the auction. If one of these bidders
wishes to offer another bid, the auctioneer shall enable this bidder to offer
their bid. This bidder will be announced by the auctioneer to be the auction winner
if a higher bid has been offered. If all of these bidders refuse to
participate in another auction, the auctioneer will hold a lot draw to find out
the auction winner.
Article
43a. Online auction [167]
1. An online
auction will be conducted through the National property auction portal or
online auction website.
2. The National
property auction portal and online auction website shall be developed, managed
and operated in accordance with regulations of law on information and
communications, law on e-commerce and law on property auction.
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3. Property
auction practicing organizations, property auction councils, and wholly
state-owned organizations established by SBV to settle bad debts of credit
institutions may conduct online auctions on the National property auction
portal or their own online auction websites or online auction websites of other
property auction practicing organizations.
4. Costs of use of
services on the National property auction portal or costs of hiring an online
auction website for conducting an online auction shall be included in costs of
the auction as prescribed in clause 2 Article 66 of this Law.
5. The Government
shall elaborate requirements regarding the National property auction portal and
requirements, appraisal and approval of online auction websites;
responsibilities of regulatory authorities, organizations and individuals for
development, management, operation and use of the National property auction
portal and online auction websites.
Article
43b. Online auction procedures [168]
1. Property
auction practicing organizations, property auction councils, and wholly
state-owned organizations established by SBV to settle bad debts of credit
institutions shall follow online auction procedures in this Article, and in
Articles 33 through 39, Article 43a, Articles 44 through 54, and Chapter IV of
this Law.
2. Property
auction practicing organizations, property auction councils, and wholly
state-owned organizations established by SBV to settle bad debts of credit
institutions shall publish Rules of auction and information on their auctions
on the National property auction portal or online auction websites.
3. Bidders shall
register for or submit their applications for participation in auction and
offer bids on the National property auction portal or online auction websites;
pay the required EMD as prescribed; view the auctioned property online or visit
it in person according to the Rules of auction.
4. Property
auction practicing organizations shall assign their auctioneers to run online
auctions. Property auction councils and wholly state-owned organizations
established by SBV to settle bad debts of credit institutions shall assign
their members to run online auctions.
5. Online auction
results shall be published on the National property auction portal or online
auction website and sent to bidders via their registered email addresses.
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Article 44.
Auction record
1. An auction ends when the
auctioneer announces the auction winner or when it fails as prescribed in
Clause 1 Article 52 of this Law.
2. Developments of the auction
session[169]
shall be recorded in an auction record which is made at the auction session[170]
and bears the signatures of the auctioneer who runs that auction session[171],
the record preparer, the auction winner, the auctioned property seller, and
representatives of bidders. For an auction conducted by a property auction
council, the auction record must also bear the signature of the council’s
chairperson.
3. The auction winner that refuses
to sign the auction record shall be regarded as having refused to conclude the
contract for sale and purchase of the auctioned property or to buy the
auctioned property, for property of which auction result is subject to approval
by a competent authority.
4. The auction record must be
sealed by the property auction practicing organization[172];
for an auction conducted by a property auction council, the auction record must
be sealed by the competent person who has decided to establish the council.
Article 45.
Transfer of auction dossiers
1. Within 01 business day after an
auction ends, the property auction practicing organization[173]
shall record the property auction results in the Property Auction Register and
notify such results in writing to the auctioned property seller. For an auction
conducted by a property auction council, within 01 business day after the
auction ends, the council shall notify in writing the property auction results
to the competent person who has decided to establish the council.
2. Within 03 business days after
the auction ends, the property auction practicing organization[174]
or the property auction council shall transfer the property auction results,
auction record and list of auction winners to the auctioned property seller for
signing a contract for sale and purchase of the auctioned property or to a
competent authority for approving the property auction results, and shall
complete relevant procedures, unless otherwise prescribed by law.
Article 46.
Contracts for sale and purchase of auctioned property, approval of property
auction results
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2. A contract for sale and purchase
of the auctioned property shall be signed between the auctioned property seller
and the auction winner or between the auctioned property seller, the auction
winner and the property auction practicing organization[175]
if so agreed upon by the parties, unless otherwise prescribed by law. The
contract for sale and purchase of the auctioned property shall be subject to
provisions of the civil law.
2a. [176]
Within 07 business days from their receipt of the auction dossiers as
prescribed in clause 2 Article 45 of this Law, the auctioned property seller
and the auction winner shall enter into a contract for sale and purchase of the
auctioned property, unless otherwise prescribed by law.
3. An auction winner shall be
regarded as accepting to sign a contract for sale and purchase of the auctioned
property from the time the auctioneer announces the auction winner, unless the
auction winner refuses to sign the auction record as prescribed in Clause 3
Article 44 of this Law or rejects the auction winning results as prescribed in
Article 51 of this Law. From this time, the rights and obligations of the
parties shall comply with provisions of the civil law and other relevant laws.
4. Order, procedures and authority
competent to give approval of property auction result shall comply with
regulations of relevant laws.
Article 47.
Rights and obligations of auctioned property sellers
1. An auctioned property seller has
the following rights:
a) Supervise the process of holding
an auction;
b) Participate in the auction
session participate in the auction[177];
c) Request the property auction
practicing organization[178]
to stop the auction when having grounds to believe that this organization[179]
commits the violation prescribed in Point b or c Clause 2 Article 9 of this
Law;
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dd) Unilaterally terminate or
cancel property auction service contract or contract for sale and purchase of
the auctioned property or request the competent Court to declare such a
property auction service contract or contract for sale and purchase of the
auctioned property null and void in accordance with regulations of the civil
law and this Law;
dd1) [182]
Decide whether the bid increment will be applied or not. If the bid increment
is applied, it shall be a fixed bid increment, or a range of bid increments
including minimum bid increment and maximum bid increment, or minimum bid
increment;
dd2) [183]
Request the property auction practicing organization or auctioneer to suspend,
terminate or cancel the auction or auction session in accordance with
regulations of law on enforcement of civil judgments in case of auction of
property serving judgment enforcement;
dd3)[184]
Reach an agreement with the property auction practicing organization on
application of one, some or all of regulations regarding auction procedures
laid down in this Law to the auctioned property as prescribed in clause 2
Article 4 of this Law;
e) Exercise other rights as
prescribed by law.
2. An auctioned property
seller has the following obligations:
a) Take responsibility for the auctioned
property;
b) Sign a contract for sale and
purchase of the auctioned property or submit property auction results to a
competent authority for approval;
c) Transfer the auctioned property
and all documents related to such property to the property buyer as agreed upon
in the contract for sale and purchase of the auctioned property or as
prescribed by law;
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d1) [186]
Determine the starting price or bid decrement in accordance with regulations of
law applied to the auctioned property;
d2) [187]
Do not provide information on a bidder to another bidder during their
consideration of eligibility of bidders until the end of the auction;
d3) [188]
Pay auction costs and auction service prices to the property auction practicing
organization under terms and conditions of the signed property auction service
contract;
d4) [189]
Cooperate with the property auction practicing organization in organizing
viewings of auctioned property for bidders as prescribed in Article 36 of this
Law;
d5) [190]
Notify in writing the application of bid increments to auction rounds to the
property auction practicing organization and include them in the property
auction service contract in case of application of bid increments;
dd) Perform other obligations as
prescribed by law.
Article 48.
Rights and obligations of auction winners
1. An auction winner has the
following rights:
a) Request the auctioned property
seller to sign a contract for sale and purchase of the auctioned property or
submit property auction results to a competent authority for approval in
accordance with law;
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c) Be issued by a competent
authority with a certificate of ownership of or right to use the auctioned
property, for property requiring ownership or use right registration as
prescribed by law;
d) Exercise other rights as agreed
upon in the contract for sale and purchase of the auctioned property and as
prescribed by law.
2. An auction winner has the
following obligations:
a) Sign the auction record and
contract for sale and purchase of the auctioned property;
b) Make full payment for the
auctioned property to the auctioned property seller as agreed upon in the
contract for sale and purchase of the auctioned property or as prescribed by
relevant laws;
c) Perform other obligations as
agreed upon in the contract for sale and purchase of the auctioned property and
as prescribed by law.
Article 49.
Auction in case where there is only one applicant for participation in auction
or one bidder actually attending auction, offering bid or accepting price
1.[191]
In case of auction where there is only one applicant for participation in
auction or one bidder actually attending the auction or offering the bid or
accepting the price, these provisions shall apply:
a)
In case of an ascending-bid auction, after the deadline for submission of
applications for participation in auction has passed, if only one application
for participation in auction is received, or only one of eligible bidders
actually attends the auction, or only one bidder offers valid bid, or only one
bidder offers the highest bid which is not smaller than the starting price, the
auctioned property shall be sold to this bidder;
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2. The property auction as
prescribed in Clause 1 of this Article shall be conducted only after the
procedures for auction are completely followed in accordance with this Law and
there is no complaint relating to such procedures until the date of auction
session[192].
2a. [193]
Provisions of clause 1 of this Article shall not apply to the property which
cannot be put up at auction in case there is only one applicant for
participation in auction or only one bidder actually attending the auction or
offering bid in accordance with regulations of law applicable to such property.
3.[194]
(abrogated)
Article 50.
Withdrawal of bids offered or prices accepted
1.[195]
At an ascending-bid auction where bids are orally offered or bid forms are
casted directly at the auction session or bids are offered online, if the
bidder offering the highest bid withdraws their bid before the auctioneer
announces the auction winner, the auction session shall still proceed with the
second highest bid.
2. At the session in which bids
offered by bidders are announced in case of a sealed-bid auction, if the bidder
offering the highest bid withdraws their bid before the auctioneer announces
the auction winner, the auction session[196]
shall still proceed with the second highest bid.
The auctioneer shall decide to hold an oral auction or adopt the form of
casting bid forms directly at the auction.
3. At a descending-price auction
session[197],
if the bidder that has accepted the starting price or decreased price withdraws
the accepted price before the auctioneer announces the auction winner, the
auction session[198]
shall still proceed with the price withdrawn by such bidder.
4. The bidder that withdraws their
offered bid or accepted price as prescribed in Clause 1, 2 or 3 of this Article
shall be deprived of their rights to participate in the auction session[199].
Article 51.
Rejection of auction winning results
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If the second highest bid plus the paid EMD is smaller than the bid
offered by the bidder that rejects the auction winning result or the bidder
that has offered the second highest bid
does not accept to buy the auctioned property, the auction fails.
2. Regarding a descending-price
auction, after the auctioneer who runs the auction session[202]
announces the auction winner, if the auction winner rejects the auction winning
result at the auction session[203],
the auction shall still proceed with the price which has been rejected by the
announced auction winner. If there is no bidder that is willing to accept the
price, the auction fails.
Article 52.
Failed auction
1. An auction shall be considered
failed in the following cases:
a) Upon expiration of the deadline
for submission of applications for participation in auction, no application is
received;
a1) [204]
None of eligible bidders attends the auction session;
b) At the auction session[205],
there is no bidder offering bid or accepting the set price;
c) The offered highest bid is lower
than the starting price in case the starting price is not published and the
auction session[206]
is conducted adopting the ascending-price auction method;
d) The auction winner refuses to
sign the auction record as prescribed in clause 3 Article 44 of this Law;
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e) The auction winning result is
rejected as prescribed in Article 51 of this Law;
g) [207]
In case of auction of the property prescribed in clause 2a Article 49 of this
Law, after the deadline for submission of applications for participation in
auction has passed, only one application for participation in auction is
received, or only one of eligible bidders actually attends the auction, or only
one bidder offers bid, or only one bid is considered valid.
2. Within 03 business days after
the auction fails, the property auction practicing organization[208]
shall return the property and all documents related to the property to the
auctioned property seller, unless otherwise agreed upon by the parties or
prescribed by law.
3. In case of a failed auction, the
property shall be disposed of in accordance with regulations of law or put up
at another auction as agreed upon between the auctioned property seller and
property auction practicing organization[209].
Article 53.
Simplified auction procedures
1. The property auction practicing
organization[210]
and the auctioned property seller may reach an agreement on conduct of an
auction following simplified procedures in the following cases:
a) Auction of property for judgment
enforcement or property items which are the confiscated exhibits or
instrumentalities of administrative violations where the starting prices of all
property items put up at an auction fall under VND 50 million;
b) An auction to be held after the
second auction fails;
c) Auction of property specified in
Clause 2 Article 4 of this Law, in case of application of simplified auction
procedures.
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3.[212]
(abrogated)
Article 54. Document retention [213]
1.
Auctioned property sellers, property auction practicing organizations, and persons
competent to make decision on establishment of property auction councils shall
retain auction-related documents in accordance with regulations of law on
archives for a period of at least 05 years from the end of the auction, except
the case prescribed in clause 2 of this Article.
2. Individuals
and organizations that choose to sell property at auction as prescribed in
clause 2 Article 4 of this Law shall retain auction-related documents at their
discretion in accordance with regulations of law on archives.
Chapter IV
AUCTION OF PROPERTY TO BE PUT UP FOR AUCTION AS
PRESCRIBED BY LAW [214]
Section 1.
GENERAL PROVISIONS
Article 55.
Order and procedures for auction of property to be put up for auction as
prescribed by law [215]
Auction of the property specified
in clause 1 Article 4 of this Law shall be carried out following the order and
procedures in Chapter III of this Law and must comply with provision of this
Chapter.
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1. After a property auction
decision is issued by a competent person, the auctioned property seller shall
post a notice of selection of property auction practicing organization[218]
on its website and on the National property auction portal[217].
2. Such a notice of selection of
property auction practicing organization[219]
shall include the following information:
a) Name and address of the
auctioned property seller;
b) Name, quantity and quality of
the auctioned property items;
c) The starting price of the
auctioned property;
d) Criteria for selection of
property auction practicing organization[220]
as prescribed in clause 4 of this Article;
dd) Time and place for submission
of applications for registration as property auction practicing organization[221].
3. The auctioned property seller
shall, based on received applications for registration as property auction
practicing organization[222]
and the criteria specified in clause 4 of this Article, select a qualified
property auction practicing organization[223],
and take responsibility for such selection.
4. Criteria of a property auction
practicing organization[224]
include:
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b) Feasible and efficient auction
plan;
c) Capacity, experience and
reputation of the property auction practicing organization[225];
d) [226]
(abrogated)
dd) Its name is included in the
list of property auction practicing organizations[227]
published by the Ministry of Justice of Vietnam;
e) Other criteria which are
appropriate to the types of the auctioned property and decided by the auctioned
property seller.
5. In case a property auction
practicing organization[228]
must be selected through following bidding procedures as prescribed by law,
provisions of this Law and the Law on Bidding shall apply.
6.[229]
The Minister of Justice of Vietnam shall elaborate this Article.
Article 57.
Public disclosure of information on property auction
1.[230]
Besides posting information on property auction as prescribed in clauses 1 and
2 Article 35 of this Law, for an auction of movable property whose starting
price is VND 50 million or higher or for an auction of real estate, the
property auction practicing organization shall publish information on the
auction two times on the National property auction portal at an interval of 02
days, and at least one time on a printed newspaper or television newspaper of a
central authority or the province or central-affiliated city where the
auctioned property is located, except change in the auction venue which is made
after the deadlines for submission of applications for participation in auction
and for payment of EMD prescribed in clause 2 Article 37 of this Law.
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1a. [231]
Besides publishing information on the National property auction portal and
printed newspaper or television newspaper of a central authority or the
province or central-affiliated city where the auctioned property is located as
prescribed in clause 1 of this Article, the property auction practicing
organization shall also publish information on property auction on other means
of mass media at the request of the auctioned property seller.
2.[232]
If an auction is conducted following simplified procedures as prescribed in clause
1 Article 53 of this Law, in addition to posting of information on property
auction as prescribed in clause 1a Article 35 of this Law, the property auction
practicing organization shall also publish such information on the National
property auction portal.
3.[233]
The disclosure of information prescribed in clause 1 of this Article must be
made at least 07 business days, for an auction of movable property, or at least
15 business days, for an auction of real estate, before the planned date of
auction. The disclosure of information prescribed in clause 2 of this Article
shall be made at the same time when the information on property auction is
posted as prescribed in clause 1a Article 35 of this Law.
4. Information on property auction
to be disclosed includes:
a) Names and addresses of the
property auction practicing organization[234]
and the auctioned property seller;
b) Time and venue of the auction;
c) Name and location of the
property;
d) Starting price of the auctioned
property, in case such price is published;
dd) Time, venue, conditions and
method of registration for participation in auction.
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Article 58.
Publishing of starting price, auction method
1. The starting price is published
by the auctioned property seller.
2. The auction of property shall
only be conducted adopting the ascending-price auction method.
Article
59. Offering bids or accepting prices in auction of rights to use radio
frequencies [236]
1. Offering bids or accepting
prices in auction of rights to use radio frequencies shall be made adopting the
following methods:
a) Offering bids according to
provisions of clause 2 Article 42 of this Law;
b) Offering bids or accepting
prices in two stages, including the stage of determination of number of
frequency band units allocated to the auction winner and the stage of
determination of the locations of frequency band units allocated to the auction
winner;
c) Offering bids for the number of
frequency band units to be bought and changing frequency band units bid for in
the auction rounds.
2. Based on the frequency bands and
number of frequency band units put up at auction, the auctioned property seller
adopts the method for offering bids or accepting prices as prescribed in clause
1 of this Article.
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Section 2.
AUCTION PROPERTY COUNCILS
Article 60.
Establishment of property auction councils
1. The owner of the property which
must be put up for auction[237]
as prescribed by law shall decide to establish the property auction council to
conduct the property auction in the following cases:
a) It is prescribed by law that the
auction shall be conducted by a property auction council;
b) It is impossible to select a
qualified property auction practicing organization[238]
as prescribed in Article 56 of this Law.
2. The competent person who has
issued a decision on establishment of the property auction council shall take
responsibility for all activities of the council.
3. The property auction council
must be composed of at least 03 members; the council’s chairperson is the
auctioned property seller or his/her authorized person; the council’s members
include representatives of the same-level finance and justice agencies, and
other relevant agencies and organizations as prescribed by law. The property
auction council may sign a contract with a property auction practicing
organization[239]
to appoint its auctioneer to conduct the auction session[240].
Article 61.
Operating principles of property auction councils
1. An auction session[241]
conducted by a property auction council must be attended by at least two-thirds
of the council’s members.
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3. The property auction council
automatically disbands when the auction comes to an end, and the auction
dossier shall be transferred according to provisions of Article 45 of this Law.
Article 62.
Rights and obligations of property auction councils
1. A property auction council has
the following rights:
a) Deprive bidders that disturb or
cause disorder at an auction session[243],
collude or cooperate with others in suppressing the price or perform other acts
influencing the objectivity or truthfulness of the auction session[244],
of their rights to participate in the auction session[242],
and make records of such violations;
b) Stop the auction session[245]
when detecting any act of violation against regulations on the auction order
and procedures or detecting that the auctioneer who runs the auction session[246]
colludes or cooperates with others in suppressing the price or performs other
acts influencing the objectivity or truthfulness of the auction session[247],
and submit report on the violation to the competent person who has issued the
decision on establishment of the council;
c) Request valuation and/or
inspection of the auctioned property;
d) Select a form of auction
specified in Clause 1 Article 40 of this Law for conducting the property
auction;
dd) Exercise other rights as
prescribed by law.
2. A property auction council has
the following obligations:
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b) Issue Regulations on operation
of the council;
c) Organize and conduct an auction
according to the Regulations on operation of the council, Rules of auction, and
relevant laws;
d) Take responsibility for the
auction results before law and the competent person who has issued the decision
on establishment of the council;
dd) Settle complaints and
denunciations which arise during the auction; receive and settle within its
competence or propose the competent person who has issued the decision on
establishment of the council to settle complaints filed after the auction ends;
pay compensations for damage in accordance with law;
e) Submit report on the property
auction results to the competent who has issued the decision on establishment
of the council;
g) Perform other obligations as
prescribed by law.
Article 63.
Tasks and powers of Chairperson and members of property auction councils
1. Chairperson of
a property auction council has the following tasks and powers:
a) Organize the
exercise of the rights and performance of the obligations of the council as
prescribed in Article 62 of this Law;
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c) Run the auction session[249]
or assign a member of the council or a qualified auctioneer to run the auction
session[250]
according to Regulations on operation of the council;
d) Perform other tasks and powers
as defined in the Regulations on operation of the council and relevant laws.
2. Members of the
property auction council shall perform the tasks assigned by the council’s
chairperson and take responsibility before the council’s chairperson for their
performance of such assigned tasks.
Section 3.
AUCTION OF BAD DEBTS AND COLLATERAL THEREFOR
Article 64.
Auction of bad debts and collateral therefor
1. Wholly state-owned organization
established by SBV[251]
to settle bad debts of credit institutions shall only be allowed to conduct
auction of bad debts and collateral for such bad debts specified in point o
clause 1 Article 4 of this Law.
2. For bad debts and collateral
therefor to be put for auction[252]
as prescribed in law, the wholly state-owned organization established by SBV[253]
to settle bad debts of credit institutions shall sign a property auction
service contract with a property auction practicing organization[254]
or conducts the auction itself. The property auction must comply with the order
and procedures prescribed in this Law.
Article 65.
Rights and obligations of wholly state-owned organization established by SBV
[255]
to settle bad debts of credit institutions in property
auction
1. The wholly state-owned
organization established by SBV[256]
to settle bad debts of credit institutions has the following rights:
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b) Appoint auctioneers to run
auction sessions[257];
c) Hold the auction session[258]
at its head office, the place where the auctioned property is located or
another site as appropriate for the auction;
d) Exercise other rights as
prescribed by the law on property auction.
2. The wholly state-owned
organization established by SBV[259]
to settle bad debts of credit institutions has the following obligations:
a) Conduct property auctions
according to the rules, order and procedures set out in this Law, and assume
responsibility for auction results;
b) Promulgate the rules of auction
as prescribed in Article 34 of this Law and other relevant laws;
c) Transfer the auctioned property
and all relevant documents to the auctioned property buyer;
d) Obtain a written consent of the
auctioned property seller as prescribed law, in case of auction of property
specified in Article 49 of this Law;
dd) Take responsibility for the
value and quality of the auctioned property, in case it conducts the auction by
itself;
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g) Keep logbooks of auctioned
property and auction registers;
h) [260]
(abrogated)
i) Purchase professional liability
insurance for its auctioneers as prescribed in Article 20 of this Law;
k) Provide the Ministry of Justice
of Vietnam with the list of auctioneers practicing at the organization on an
annual basis or upon request;
l) Submit reports on property
auction to the Ministry of Justice of Vietnam and SBV on a periodical basis of
every 06 months, annual basis or upon request;
m) Comply with competent
authorities’ requests for examination and inspection of property auction
activities;
n) Perform other obligations as
prescribed by law.
3. The wholly state-owned
organization established by SBV[261]
to settle bad debts of credit institutions is prohibited to commit the
following acts:
a) Colluding or cooperating with
bidders, auctioneers, valuation firms, organizations in charge of inspection of
auctioned property and/or other relevant organizations and individuals in
falsifying information on the auctioned property, auction documents,
applications for participation in auction[262],
or property auction results;
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c) Receiving from bidders any money
amount, property or benefits other than payments of property auction costs and
other auctioned property-related service charges as prescribed by law;
d) Committing other prohibited acts
prescribed by relevant laws.
4. The Government shall elaborate
on:
a) The assessment of starting
prices of bad debts and collateral therefor;
b) The establishment of a council
in charge of auction of high-value bad debts and collateral therefor.
Chapter V
AUCTION SERVICE PRICES [265],
PROPERTY AUCTION COSTS
Article 66.
Auction service prices, property auction costs [266]
1.[267]
The auction service prices and property auction costs shall be agreed upon by
the auctioned property seller and property auction practicing organization[268]
and specified in the property auction service contract. In case of auction of
the property mentioned in Clause 1 Article 4 of this Law, the auction service
prices shall comply with regulations of the law on prices.
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3.[270]
Proceeds from sale of auction documents shall be recorded as revenues of the
property auction practicing organization. Proceeds from sale of auction
documents shall be collected, managed and used in accordance with regulations
of law.
Article 67.
Costs of such services as carrying out procedures for transferring ownership of
or rights to use property, managing property, and other auctioned
property-related services
An individual or organization that
asks for and is provided by a property auction practicing organization[271]
with the service of carrying out the procedures for transfer of the ownership
of or rights to use auctioned property, managing auctioned property, and for
other auctioned property-related services shall pay service charges to the
property auction practicing organization[272]
as agreed by the parties.
Article 68.
Management and use of payments of auction service prices [273],
property auction costs, service charges and other
revenues
1. Management and use of payments
of auction service prices[274],
property auction costs, service charges and other revenues of property auction
service centers must comply with the financial regulations applicable to public
non-business units having revenues.
2. Management and use of payments
of auction service prices[275],
property auction costs, service charges and other revenues of property auction
enterprises must comply with regulations of law.
Chapter VI
HANDLING OF VIOLATIONS, CANCELLATION OF PROPERTY
AUCTION RESULTS, COMPENSATION FOR DAMAGE
Article 69.
Handling of violations committed by auctioneers, property auction practicing
organizations [276],
property auction councils or wholly state-owned
organization established by SBV [277]
to settle bad debts of credit institutions
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2. Any property auction practicing
organization[278],
property auction council or he wholly state-owned organization established by
SBV[279]
to settle bad debts of credit institutions that commits one of the prohibited
acts prescribed in Clause 2 or 3 Article 9, violates the provisions of Clause 2
Article 24, commits one of the acts prescribed in Clause 3 Article 65, or
violates other provisions of this Law shall, depending on the nature and severity
of the violation, be liable to administrative penalties or criminal
prosecution, and make compensation for damage (if any) in accordance with
regulations of law.
Article 70.
Handling of violations committed by bidders, auction winners, and relevant organizations
and individuals [280]
1. Any bidder, auction winner or
another relevant organization or individual that commits one of the prohibited
acts in clause 5 Article 9 or violates other provisions of this Law shall,
depending on the nature and severity of the violation, be disciplined or liable
to administrative penalties or criminal prosecution, and make compensation for
damage (if any) in accordance with regulations of law.
2. 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 for 06 months to 05 years.
3. The authority that is competent
to approve results of the auction of LURs over a land plot allocated or leased
for executing an investment project or mining rights shall have the power to
issue a decision on prohibition from participating in auction as prescribed in
clause 2 of this Article.
4. Decision on prohibition from
participating in auction must be sent to the violating entity and the Ministry
of Justice of Vietnam, and be also published on the National property auction
portal.
5. The Government shall elaborate
Clauses 2, 3 and 4 of this Article.
Article 71.
Handling of violations committed by auctioned property sellers
Any auctioned property seller who
commits one of the violations in clause 4 Article 9, clause 2 Article 47 or
against other provisions of this Law shall, depending on the nature and
severity of the violation, be disciplined or liable to administrative penalties
or criminal prosecution, and make compensation for damage (if any) in
accordance with regulations of law.
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Property auction results shall be
cancelled in the following cases:
1. The cancellation of property
auction results is made according to an agreement on cancellation of property
auction results between the auctioned property seller, property auction
practicing organization[281]
and auction winner or an agreement on cancellation of the conclusion of the
contract for sale and purchase of auctioned property or cancellation of the
signed contract for sale and purchase of auctioned property between the
auctioned property seller and the auction winner, except the cases where such
cancellation of property auction results causes damage to or affects the
interests of the State and/or lawful rights and interests of other individuals
and organizations;
2. The property auction service
contract or contract for sale and purchase of auctioned property is declared
null and void by a court in accordance with the civil law in case the auction
winner commits the act prescribed in Point b Clause 5 Article 9 of this Law;
3. The property auction service
contract is cancelled under Clause 6 Article 33 of this Law;
4.[282]
The property auction result is cancelled according to a decision issued by a
person competent to impose administrative penalties on any of the grounds
specified in clause 6 Article 33 of this Law or in case the auctioned property
seller, bidder, auction winner, property auction practicing organization or
auctioneer is found to have colluded or cooperated with each other, or
suppressed the price during the auction resulting in falsified information on
the auctioned property or applications for participation in auction or property
auction results;
5.[283]
(abrogated)
Article
73. Legal consequences of cancellation of property auction results [284]
1. In case the
property auction result is cancelled as prescribed in clause 2, 3 or 4 Article
72 of this Law, the concerned parties shall restore the auctioned property to its
original state and return the received property to each other or, if the
property cannot be returned, make payment in cash. The party that causes damage
must pay compensation in accordance with regulations of law.
2. In case the
property auction result is cancelled as prescribed in clause 3 or 4 Article 72
of this Law, the following provisions shall apply:
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b) The auctioned property seller
shall cancel conclusion of the contract for sale and purchase of the auctioned
property, invalidate the signed contract for sale and purchase of the auctioned
property, or request the competent Court to invalidate or declare the contract
for sale and purchase of the auctioned property to be invalid in accordance
with regulations of law.
Article 74.
Dispute settlement
Any dispute which arises between
the parties to a property auction service contract or contract for sale and
purchase of the auctioned property shall be settled by these parties through
negotiation or conciliation or be referred to a competent authority for
consideration in accordance with law.
Article 75.
Filing of complaints or lawsuits about property auction conducted by property
auction councils
1. A bidder,
auction winner or person with related rights and obligations may file a
complaint against a decision or an act issued or performed by a property
auction council or its member when having sufficient grounds to believe that
such decision or act infringes upon their lawful rights and interests.
2. The person
competent to make decision on establishment of the property auction council
shall consider settling a complaint within 30 days after receiving it.
3. Upon the
expiration of the time limit prescribed in Clause 2 of this Article, if the complaint
remains unsettled or the bidder, auction winner or person with related rights
and obligations is not satisfied with the complaint settlement decision issued
by the person competent to make decision on establishment of the property
auction council, they may file a lawsuit with a competent court in accordance
with regulations of law.
Article 76.
[285]
(abrogated)
Chapter VII
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Article 77.
Responsibilities of the Government for state management of property auction
1. The Government shall perform the
consistent state management of property auction.
2. The Ministry of Justice shall
assume responsibility before the Government for their performance of the state
management of property auction, and have the following tasks and powers:
a) Submit to competent authorities
for promulgation or promulgate, within its competence, legislative documents on
property organization and performance of property auction activities, and
policies and strategies on development of auction profession;
b) Issue, or assign the
socio-professional organizations of auctioneer to issue, the Code of
professional ethics for auctioneers;
c) Issue, manage, and provide
instructions on the use of forms applicable in property auction activities,
logbooks of auctioned property and auction registers;
d) [286]
Promulgate regulations on the framework program for auction training courses
and auction training institutions; professional refresher training courses for
auctioneers and organization of these programs; auction internship and
post-internship assessment test;
dd) Grant, revoke and re-grant
auctioneer’s practicing certificates;
e) [287]
Develop, manage and provide guidelines for use of the National property auction
portal in a manner that meets confidentiality and information safety and
security requirements; assign a specialized agency or its affiliated unit to
take charge of operating this portal;
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h) Prepare consolidated reports on
organization and performance of property auction activities;
i) Carry out international
cooperation in property auction;
i1) [289]
Play the leading role and cooperate with relevant ministries and
central-government authorities in setting fees for publishing notices of
selection of property auction practicing organization and information on
property auction on the National property auction portal, user fees for use of
the National property auction portal and other relevant fees as prescribed by
law;
k) Perform other tasks and powers
as prescribed by this Law and relevant laws.
Article 78.
Responsibilities of ministries and ministerial agencies
1. Ministries and ministerial
agencies shall, within the ambit of their assigned tasks and powers, cooperate
with the Ministry of Justice in performing the state management of property
auction activities.
2. Responsibilities of the Ministry
of Finance:
a) Provide guidelines on financial
regulations in property auction activities;
b) Issue regulations on
determination of starting prices of auctioned property under its competence in
accordance with law;
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d) Issue regulations on collection,
payment, management and use of proceeds from the sale of auction documents[290],
and forfeited EMD amounts in accordance with law;
dd) [291]
(abrogated)
Article 79.
Responsibilities of provincial People’s Committees
1. Provincial People’s Committees
shall perform the state management of property auction activities in their
provinces or cities, and have the following tasks and powers:
a) Organize the implementation of,
and disseminate regulations of law on property auction and policies on
development of property auction profession;
b) Organize the registration of
operation of property auction enterprises and their branches;
c) [292]
(abrogated)
d) Ensure payrolls, physical
materials and working conditions for property auction service centers in
accordance with regulations on public non-business units having revenues;
support the maintenance of security and order for auctions at the request of
property auction practicing organizations[293];
dd) Consider giving approval of the
scheme on autonomy mechanism applicable to property auction service centers,
the scheme on transformation of property auction service centers into
enterprises in case it is unnecessary to maintain these centers, and the scheme
on dissolution of property auction service centers in case it is impossible to
transform these centers into enterprises after obtaining the consent from the
Ministry of Justice;
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g) Submit annual reports on
organization and performance of property auction activities in their provinces
or cities to the Ministry of Justice;
h) Perform other tasks and powers
as prescribed in law.
2. Provincial Departments of
Justice shall assist provincial People’s Committees in performing the state
management of property auction activities in their provinces or cities.
Chapter VIII
IMPLEMENTATION PROVISIONS [294]
Article 80.
Transition
1. Auctioneer’s practicing
certificates granted under the Government’s Decree No. 17/2010/ND-CP of March
04, 2010 still remain valid.
2. Within 02 years after this Law
takes effect, property auction enterprises that are established before the
effective date of this Law and wish to continue engaging in property auction
sector are required to satisfy the conditions set out in Clause 3 Article 23 of
this Law and follow procedures for registration of operation with the relevant
provincial Departments of Justice in accordance with provisions of Article 25
of this Law. The property auction enterprise that fails to satisfy the
conditions set out in Clause 3 Article 23 of this Law and fails to follow
procedures for registration of operation as prescribed in Article 25 of this
Law shall cease their engagement in property auction sector.
The Government shall elaborate
registration of operation of property auction enterprises as prescribed in this
clause.
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For the auction of property to be
conducted by a property auction council as required by law, if this council has
been established but information on property auction has not yet been posted up
and published as prescribed, the property auction council shall conduct the
property auction following the auction order and procedures and in accordance
with other relevant provisions of this Law.
4. The collection, transfer,
management and use of payments of property auction costs and charges for
participation in property auction, and financial regulations applicable to
property auction activities must comply with the law on property auction
service charges, charges for participation in property auction, and financial
regulations applicable to property auction activities until July 01, 2017.
Article 81.
Effect
1. This Law comes into force from
July 01, 2017, except the regulations in Clause 2 of this Article.
2. Clause 4 Article 80 of this Law
comes into force from January 01, 2017./.
CERTIFIED
BY
CHAIRMAN
OF THE NATIONAL ASSEMBLY OF VIETNAM
Bui Van Cuong
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[1]
The Law on Prices No. 16/2023/QH15 is promulgated pursuant to:
“The Constitution of the
Socialist Republic of Vietnam;”
The Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction is promulgated pursuant to:
“The Constitution of the
Socialist Republic of Vietnam;”
[2]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[3]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
[4]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[5]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
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[7]
This Article is amended according to clause 2 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[8]
This Clause is amended according to point a clause 3 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[9]
This Clause is amended according to point a clause 3 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[10]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[11]
The phrase “bán đấu giá” (“sale at auction”) is replaced with the phrase “đấu
giá” (“auction”) according to point dd clause 45 Article 1 of the Law No. 37/2024/QH15
providing amendments to the Law on Property Auction, coming into force from
January 01, 2025.
[12]
This clause is amended according to point b clause 3 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[13]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[14]
This clause is added according to point c clause 3 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[15]
This clause is added according to point c clause 3 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
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[17]
The phrase “Cuộc đấu giá phải do đấu giá viên điều hành” (“Each auction must be
managed by a qualified auctioneer”) is replaced with the phrase “Phiên đấu giá
phải do đấu giá viên điều hành” (“Each auction session must be managed by a
qualified auctioneer”) according to point o clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[18]
This clause is amended according to clause 4 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[19]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[20]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[21]
This point is amended according to point a clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[22]
This point is amended according to point b clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[23]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[24]
This point is amended according to point c clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[25]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
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[27]
This point is amended according to point d clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[28]
This point is amended according to point d clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[29]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
[30]
This point is amended according to point dd clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into force
from January 01, 2025.
[31]
This point is amended according to point dd clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[32]
This point is added according to point dd clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[33]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
[34]
This point is amended according to point e clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[35]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[37]
This point is added according to point g clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[38]
This point is added according to point g clause 5 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[39]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[40]
This clause is amended according to clause 6 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[41]
This clause is amended according to clause 6 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[42]
This clause is amended according to clause 7 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[43]
This Article is abrogated according to point a clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[44]
This Clause is amended according to point a clause 8 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[45]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[47]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[48]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[49]
This clause is amended according to point b clause 8 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[50]
This point is amended according to point a clause 9 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[51]
This point is abrogated according to point b clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[52]
This point is abrogated according to point b clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[53]
This point is abrogated according to point b clause 46 Article 1 of the
Law No. 37/2024/QH15 providing amendments to the Law on Property Auction,
coming into force from January 01, 2025.
[54]
This clause is amended according to point b clause 9 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[55]
This clause is abrogated according to point b clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[57]
This point is amended according to clause 11 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[58]
This point is amended according to clause 11 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[59]
This point is amended according to clause 12 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[60]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[61]
This point is amended according to point a clause 13 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[62]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[63]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[64]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[65]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[67]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[68]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[69]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[70]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[71]
This point is added according to point b clause 13 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[72]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[73]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[74]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[75]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
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[77]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[78]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[79]
This point is amended according to point a clause 14 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[80]
This point is added according to point a clause 14 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[81]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
[82]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[83]
The phrase “bán đấu giá” (“sale at auction”) is replaced with the phrase “đấu
giá” (“auction”) according to point dd clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[84]
This point is added according to point b clause 14 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[85]
This point is added according to point b clause 14 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
...
...
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[87]
This point is amended according to point c clause 14 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[88]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[89]
This point is abrogated according to point c clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[90]
This clause is amended according to clause 15 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[91]
This clause is amended according to clause 16 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[92]
This clause is added according to clause 16 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[93]
This clause is amended according to clause 17 Article 1 of the Law No. 37/2024/QH15
providing amendments to the Law on Property Auction, coming into force from
January 01, 2025.
[94]
This point is abrogated according to point d clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[95]
This clause is added according to clause 18 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
...
...
...
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[97]
This clause is added according to clause 18 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[98]
This point is added according to point a clause 19 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[99]
This point is added according to point b clause 19 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[100]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[101]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[102]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[103]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[104]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[105]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
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[107]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[108]
The phrase “điều hành cuộc đấu giá” (“runs an auction”) is replaced with the
phrase “điều hành phiên đấu giá” (“runs an auction session”) according to point
l clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[109]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[110]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[111]
The phrase “hồ sơ đăng ký tham gia đấu giá” (“applications for participation in
auction”) is replaced with the phrase “hồ sơ mời tham gia đấu giá” (“auction
documents”) according to point g clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[112]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[113]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[114]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[115]
This point is amended according to point a clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
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[117]
This point is amended according to point c clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[118]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[119]
This point is added according to point d clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[120]
This point is added according to point d clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[121]
This point is added according to point d clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[122]
This clause is amended according to point dd clause 20 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[123]
This Clause is amended according to point a clause 21 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[124]
This Clause is added according to point a clause 21 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[125]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
...
...
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[127]
This Clause is amended according to point c clause 21 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[128]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[129]
This Article is amended according to clause 22 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[130]
This Article is amended according to clause 22 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[131]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[132]
This clause is amended according to clause 23 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[133]
This clause is added according to clause 23 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[134]
This clause is added according to clause 23 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[135]
This clause is added according to clause 23 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
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...
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[137]
This clause is added according to clause 23 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[138]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[139]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[140]
The phrase “điều hành cuộc đấu giá” (“runs an auction”) is replaced with the
phrase “điều hành phiên đấu giá” (“runs an auction session”) according to point
l clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[141]
This Clause is amended according to point a clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[142]
This clause is added according to point a clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[143]
This clause is added according to point a clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[144]
This clause is amended according to point b clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[145]
This clause is amended according to point b clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
...
...
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[147]
This clause is amended according to point b clause 24 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[148]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
[149]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[150]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[151]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[152]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[153]
This clause is abrogated according to point dd clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[154]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[155]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[157]
This point is amended according to clause 25 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[158]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[159]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[160]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[161]
This point is amended according to point a clause 26 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[162]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[163]
This point is amended according to point b clause 26 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[164]
The phrase “hòm phiếu” is replaced with the phrase “thùng phiếu” (two phrases
have the same meaning as "bid box”) according to point r clause 45 Article
1 of the Law No. 37/2024/QH15 providing amendments to the Law on Property
Auction, coming into force from January 01, 2025.
[165]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[167]
This Article is added according to clause 28 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[168]
This Article is added according to clause 28 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[169]
The phrase “Diễn biến của cuộc đấu giá” (“Developments of the auction”) is
replaced with the phrase “Diễn biến của phiên đấu giá” (“Developments of the
auction session”) according to point p clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[170]
The phrase “tại cuộc đấu giá” (“at the auction”) is replaced with the phrase “tại
phiên đấu giá” (“at the auction session”) according to point m clause 45
Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[171]
The phrase “điều hành cuộc đấu giá” (“runs an auction”) is replaced with the
phrase “điều hành phiên đấu giá” (“runs an auction session”) according to point
l clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[172]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[173]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[174]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[175]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[177]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[178]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[179]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[180]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[181]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[182]
This point is added according to point a clause 30 Article 1 of the Law No. 37/2024/QH15
providing amendments to the Law on Property Auction, coming into force from
January 01, 2025.
[183]
This point is added according to point a clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[184]
This point is added according to point a clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[185]
This point is amended according to point b clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
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...
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[187]
This point is added according to point b clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[188]
This point is added according to point b clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[189]
This point is added according to point b clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[190]
This point is added according to point b clause 30 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[191]
This Clause is amended according to point a clause 31 Article 1 of the Law No. 37/2024/QH15
providing amendments to the Law on Property Auction, coming into force from
January 01, 2025.
[192]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[193]
This clause is added according to point b clause 31 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[194]
This clause is abrogated according to point e clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[195]
This clause is amended according to clause 32 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
...
...
...
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[197]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[198]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[199]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
[200]
The phrase “điều hành cuộc đấu giá” (“runs an auction”) is replaced with the
phrase “điều hành phiên đấu giá” (“runs an auction session”) according to point
l clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[201]
The phrase “tại cuộc đấu giá” (“at the auction”) is replaced with the phrase “tại
phiên đấu giá” (“at the auction session”) according to point m clause 45
Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[202]
The phrase “điều hành cuộc đấu giá” (“runs an auction”) is replaced with the
phrase “điều hành phiên đấu giá” (“runs an auction session”) according to point
l clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[203]
The phrase “tại cuộc đấu giá” (“at the auction”) is replaced with the phrase “tại
phiên đấu giá” (“at the auction session”) according to point m clause 45
Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[204]
This point is added according to point a clause 33 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[205]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
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[207]
This point is amended according to point b clause 33 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[208]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[209]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[210]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is replaced
with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[211]
This clause is amended according to clause 34 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[212]
This clause is abrogated according to point g clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[213]
This Article is amended according to clause 35 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[214]
The phrase “bán thông qua đấu giá” (“to be sold through auction") is
replaced with the phrase "đấu giá” (“to be put up for auction”) according
to point d clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments
to the Law on Property Auction, coming into force from January 01, 2025.
[215]
The phrase “bán thông qua đấu giá” (“to be sold through auction") is
replaced with the phrase "đấu giá” (“to be put up for auction”) according
to point d clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments
to the Law on Property Auction, coming into force from January 01, 2025.
...
...
...
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[217]
The phrase “Trang thông tin điện tử chuyên ngành về đấu giá tài sản”
(“Specialized property auction website”) is replaced with the phrase “Cổng Đấu
giá tài sản quốc gia” (“National property auction portal”) according to point e
clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law
on Property Auction, coming into force from January 01, 2025.
[218]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[219]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[220]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[221]
The phrase “hồ sơ đăng ký tham gia tổ chức đấu giá” (“application for participation
in organization of auction”) is replaced with the phrase “hồ sơ tham gia lựa chọn
tổ chức hành nghề đấu giá tài sản” (“application for registration as property
auction practicing organization”) according to point i clause 45 Article 1 of
the Law No. 37/2024/QH15 providing amendments to the Law on Property Auction,
coming into force from January 01, 2025.
[222]
The phrase “hồ sơ tham gia tổ chức đấu giá của tổ chức đấu giá tài sản”
(“application for participation in organization of auction of the property
auction organization”) is replaced with the phrase “hồ sơ tham gia lựa chọn tổ
chức hành nghề đấu giá tài sản” (“application for registration as property auction
practicing organization”) according to point a clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[223]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[224]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[225]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
...
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[227]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[228]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[229]
This clause is added according to clause 36 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[230]
This Clause is amended according to point a clause 37 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[231]
This clause is added according to point a clause 37 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[232]
This clause is amended according to point b clause 37 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[233]
This clause is amended according to point b clause 37 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[234]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is replaced
with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[235]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
...
...
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[237]
The phrase “bán thông qua đấu giá” (“to be sold through auction") is
replaced with the phrase "đấu giá” (“to be put up for auction”) according
to point d clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments
to the Law on Property Auction, coming into force from January 01, 2025.
[238]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[239]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[240]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[241]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[242]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
[243]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[244]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[245]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
...
...
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[247]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[248]
This point is amended according to clause 39 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[249]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[250]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[251]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[252]
The phrase “bán đấu giá” (“sale at auction”) is replaced with the phrase “đấu
giá” (“auction”) according to point dd clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[253]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[254]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[255]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
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[257]
The phrase “cuộc đấu giá” (“auction”) is replaced with the phrase “phiên đấu
giá” (“auction session”) according to point q clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[258]
The phrase “tổ chức cuộc đấu giá” (“hold the auction”) is replaced with the
phrase “tổ chức phiên đấu giá” (“hold the auction session”) according to point
n clause 45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the
Law on Property Auction, coming into force from January 01, 2025.
[259]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[260]
This point is abrogated according to point i clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[261]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[262]
The phrase “hồ sơ đấu giá” (“auction dossier”) is replaced with the phrase “hồ
sơ mời tham gia đấu giá, hồ sơ tham gia đấu giá” (“auction documents,
applications for participation in auction”) according to point h clause 45
Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[263]
The phrase “hồ sơ đăng ký tham gia đấu giá” (“applications for participation in
auction”) is replaced with the phrase “hồ sơ mời tham gia đấu giá” (“auction
documents”) according to point g clause 45 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[264]
The phrase “tham gia cuộc đấu giá” (“participating in an auction”) is replaced
with the phrase “tham dự phiên đấu giá” (“participating in an auction session”)
according to point k clause 45 Article 1 of the Law No. 37/2024/QH15 providing
amendments to the Law on Property Auction, coming into force from January 01,
2025.
[265]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
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[267]
This Clause is amended according to point a Clause 10 Article 73 of the Pricing
Law No. 16/2023/QH15, coming into force from July 01, 2024.
[268]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[269]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[270]
This clause is added according to clause 40 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[271]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[272]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[273]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
[274]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
[275]
The phrase “thù lao dịch vụ đấu giá” (“auction service remuneration”) is
replaced with the phrase “giá dịch vụ đấu giá” (“auction service prices”)
according to point b clause 10 Article 73 of the Law on Prices No.
16/2023/QH15, coming into force from July 01, 2024.
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[277]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[278]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[279]
The phrase “Chính phủ” (“Government”) is replaced with the phrase “Ngân hàng
Nhà nước Việt Nam” (“State Bank of Vietnam (SBV)”) according to point c clause
45 Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on
Property Auction, coming into force from January 01, 2025.
[280]
This Article is amended according to clause 41 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[281]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[282]
This clause is amended according to clause 42 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[283]
This clause is abrogated according to point k clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[284]
This Article is amended according to clause 43 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[285]
This Article is abrogated according to point l clause 46 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
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[287]
This point is amended according to point b clause 44 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[288]
This point is amended according to point b clause 44 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[289]
This point is added according to point c clause 44 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[290]
The phrase “hồ sơ đấu giá” (“auction dossier”) is replaced with the phrase “hồ
sơ mời tham gia đấu giá” (“auction documents”) according to point h clause 45
Article 1 of the Law No. 37/2024/QH15 providing amendments to the Law on Property
Auction, coming into force from January 01, 2025.
[291]
This point is abrogated according to point clause 10 Article 73 of the Law on
Prices No. 16/2023/QH15, coming into force from July 01, 2024.
[292]
This point is abrogated according to point m clause 46 Article 1 of the Law No.
37/2024/QH15 providing amendments to the Law on Property Auction, coming into
force from January 01, 2025.
[293]
The phrase “tổ chức đấu giá tài sản” (“property auction organization”) is
replaced with the phrase “tổ chức hành nghề đấu giá tài sản” (“property auction
practicing organization”) according to point b clause 45 Article 1 of the Law
No. 37/2024/QH15 providing amendments to the Law on Property Auction, coming
into force from January 01, 2025.
[294]
Articles 74 and 75 of the Law on Prices No. 16/2023/QH15, coming in force from
July 01, 2024, stipulate as follows:
“Article 74. Effect
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2. Clause 2 Article 60 of this
Law comes into force from January 01, 2026. From July 01, 2024 to the end of
December 31, 2025, each valuation council shall have at least 1 member holding
one of the following professional certificates:
a) College diploma, or higher,
in prices or valuation;
b) Valuer certificate;
c) Certificate of completion of
professional training course in valuation;
d) Certificate of completion of
advanced training course in state valuation.
3. The Law on Prices No.
11/2012/QH13, as amended by the Law No. 61/2014/QH13, the Law No. 64/2020/QH14
and the Law No. 07/2022/QH15 (hereinafter referred to as “Law on Prices No.
11/2012/QH13") shall cease to have effect from the effective date of this
Law, except provisions of Article 75 of this Law.
Article 75. Transition
1. Within 12 months after this
Law comes into force, valuation enterprises issued with certificates of
eligibility to provide valuation services under the Law on Prices No.
11/2012/QH13 shall be required to meet all of eligibility requirements for
valuation services laid down in this Law. After the abovementioned period, any
valuation enterprise that fails to meet eligibility requirements for valuation
services laid down in this Law shall have its certificate of eligibility to
provide valuation services revoked by the Ministry of Finance of Vietnam.
2. Holders of valuer
certificates issued in accordance with the Law on Prices No. 11/2012/QH13 may
apply for practice in asset valuation and business valuation in accordance with
provisions of this Law.”.
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“Article 2. Effect
This Law comes into force from
January 01, 2025, except the cases prescribed in Article 3 of this Law.
Article 3. Transition
1.
If an auctioned property seller has notified their organization of selection of
property auction practicing organization before the effective date of this Law
but has not yet obtained the selection result, the auctioned property seller
may continue selecting the property auction practicing organization in
accordance with provisions of the Law on Property Auction No. 01/2016/QH14, as
amended by the Law No. 16/2023/QH15.
2.
If an auctioned property seller and a property auction practicing organization
have entered into a property auction service contract before the effective date
of this Law, the auction shall be conducted in accordance with provisions of
the Law on Property Auction No. 01/2016/QH14, as amended by the Law No.
16/2023/QH15.
3.
When a person who is exempted from attending auction training courses and is
working as an auction practice intern or has completed the auction internship
as prescribed in the Law on Property Auction No. 01/2016/QH14, as amended by
the Law No. 16/2023/QH15, before the effective date of this Law submits an
application for auctioneer’s practicing certificate, this application shall be
processed in accordance with provisions of the Law on Property Auction No.
01/2016/QH14, as amended by the Law No. 16/2023/QH15.".