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MINISTRY OF
JUSTICE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 19/2024/TT-BTP
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Hanoi, December
31, 2024
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CIRCULAR
ON
ELABORATION OF AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW
ON PROPERTY AUCTION NO. 01/2016/QH14, AS AMENDED BY LAW NO. 37/2024/QH15
Pursuant to the Law on Property Auction dated
November 17, 2016; the Law on Amendments to the Law on Property Auction dated
June 27, 2024;
Pursuant to Decree No. 98/2022/ND-CP, of the
Government, dated November 29, 2022, on functions, tasks, powers and
organizational structure of the Ministry of Justice;
At the request of the Director of the Department
of Judicial Support;
The Minister of Justice hereby promulgates the
Circular on elaboration of and guidelines for implementation of certain
articles of the Law on Property Auction No. 01/2016/QH14, as amended by Law No.
37/2024/QH15.
Chapter I
GENERAL PROVISIONS
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This Circular provides regulations on auctioneer
training institutions, the framework curriculum for the auctioneer training
course; internship and assessment of internship results for auctioneering
practice; curriculum, contents and organization of professional training for
auctioneers; guidelines on selecting property auction practicing organizations
as prescribed in Article 56 of the Law on Property Auction as amended by Clause
36, Points a, b, e, i Clause 45, and Point h Clause 46 Article 1 of the Law on
Amendments to the Law on Property Auction; and forms used in the field of
property auction.
Article 2. Regulated entities
This Circular applies to auctioneer training
institutions, auctioneering interns, candidates for the assessment of auctioneering
internship results, auctioneers, property auction practicing organizations,
wholly state-owned organizations established by the State Bank of Viet Nam to
handle bad debts of credit institutions, persons with auctioned property,
regulatory agencies for property auction, and other relevant agencies,
organizations, and individuals.
Chapter II
AUCTIONEER TRAINING
INSTITUTIONS AND FRAMEWORK CURRICULUM FOR THE AUCTIONEER TRAINING COURSE
Article 3. Auctioneer training
institutions
The auctioneer training institution as prescribed
in Point d Clause 2 Article 77 of the Law on Property Auction, as amended by
Clause 44 Article 1 of the Law on Amendments to the Law on Property Auction, is
the Judicial Academy under the Ministry of Justice.
Article 4. Framework curriculum
for the auctioneer training course
The framework curriculum for the auctioneer
training course shall be developed by the Judicial Academy in coordination with
the Department of Judicial Support, and submitted to the Minister of Justice
for promulgation.
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AUCTIONEERING INTERNSHIP
AND ASSESSMENT OF INTERNSHIP RESULTS
Section 1. AUCTIONEERING
INTERNSHIP
Article 5. Selection of
property auction practicing organization for auctioneering internship
1. A person holding a certificate of graduation
from the auctioneer training course shall select a property auction practicing
organization for internship. The selected organization shall assign an
auctioneer within the organization to provide guidance to the intern. At any
given time, one auctioneer shall not provide guidance to more than two interns.
The property auction practicing organization shall not refuse to accept interns
unless there is a valid reason.
Within 07 working days from the date of accepting
the intern, the property auction practicing organization shall notify in
writing the Department of Justice where the organization is headquartered of
the acceptance and the auctioneer assigned to provide internship guidance.
2. A person falling under the ineligible cases for
issuance of the Auctioneer’s Certificate as prescribed in Article 15 of the Law
on Property Auction, as amended by Clause 10 Article 1 of the Law on Amendments
to the Law on Property Auction, shall not be eligible for internship.
3. Within 03 working days from the date of receipt
of the written notification from the property auction practicing organization,
the Department of Justice shall record the intern’s name into the list of
auctioneering interns and publish the list on the Department of Justice’s
electronic portal.
Article 6. Change of internship
organization
1. In case the intern changes their internship to
another property auction practicing organization headquartered in the same
province or centrally-affiliated city, the new property auction practicing
organization shall notify the Department of Justice where it is headquartered.
The notification must be accompanied by a written confirmation from the
previous property auction practicing organization regarding the intern’s
internship duration and fulfillment of rights and obligations at the
organization.
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2. In case the intern changes their internship to a
property auction practicing organization headquartered in a different province
or centrally-affiliated city, the new property auction practicing organization
shall notify the Department of Justice where it is headquartered. The notification
must be accompanied by a written confirmation from the previous property
auction practicing organization regarding the intern’s internship duration and
fulfillment of rights and obligations at the organization.
The previous property auction practicing
organization shall also notify the Department of Justice to remove the intern’s
name from the list of auctioneering interns of that Department of Justice.
3. In case of a change in internship organization
as prescribed in Clauses 1 and 2 of this Article, the internship period shall
be the total of the internship periods at the respective property auction
practicing organizations.
Article 7. Temporary suspension
and termination of auctioneering internship
1. In case of a valid reason, the intern may temporarily
suspend their internship, but must notify in writing the property auction
practicing organization where they are interning. The period of suspension
shall not exceed 02 months and shall not be counted as part of the internship
period.
2. The internship shall be terminated when the
intern falls into any of the following cases:
a) Voluntarily terminates the internship;
b) Fails to resume the internship after the
expiration of the suspension period as prescribed in Clause 1 of this Article;
c) Falls under one of the cases prescribed in
Article 15 of the Law on Property Auction, as amended by Clause 10 Article 1 of
the Law on Amendments to the Law on Property Auction;
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3. Within 05 working days from the date the
internship is terminated under Points a, b, and c Clause 2 of this Article, the
property auction practicing organization shall notify the Department of Justice
in writing, stating the reason for the termination. Within 03 working days from
the date of receiving the notification, the Department of Justice shall remove
the intern’s name from the list of auctioneering interns.
4. A person whose internship is terminated under
Points a and b Clause 2 of this Article may resume their internship in
accordance with Clause 1 Article 5 of this Circular.
A person whose internship is terminated under Point
c Clause 2 of this Article may resume their internship when the reason for
termination no longer exists.
A person whose internship is terminated under Point
d) Clause 2 of this Article may resume their internship after one year from the
date of termination.
5. The internship period before termination under
Clause 2 of this Article shall not be counted towards the total internship
period.
Article 8. Contents of
auctioneering internship
1. Skills in drafting property auction service
contracts; skills in verifying the right to sell the auctioned property.
2. Skills in developing auction regulations,
posting, publicly announcing the auction, and drafting documents related to
auctioneering practice.
3. Skills in conducting auctions by auction methods
and forms.
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Article 9. Report on
auctioneering internship results
1. No later than 15 days from the date of
completion of the internship, the intern shall submit a report on internship
results to the Department of Justice where their internship is registered.
The report on internship results shall include:
a) Professional skills and experience gained during
the internship;
b) Difficulties and obstacles encountered during
the internship (if any) and recommendations or proposals.
2. The report on internship results must include
comments from the supervising auctioneer and confirmation by the property
auction practicing organization regarding the internship process and results.
Article 10. Rights and
obligations of the intern
1. The intern shall have the following rights:
a) To be facilitated by the property auction
practicing organization to fulfill the internship contents as prescribed in
Article 8 of this Circular;
b) To receive guidance from the supervising
auctioneer on the internship contents and on the implementation of the intern’s
rights and obligations;
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d) To register for the assessment of internship
results;
dd) Other rights as agreed with the property
auction practicing organization and as prescribed by law.
2. The intern shall have the following obligations:
a) To comply with the provisions of the Law on
Property Auction, the Law on Amendments to the Law on Property Auction, this
Circular, and other relevant legal documents;
b) To perform the tasks under the internship
contents as prescribed in Article 8 of this Circular as assigned by the
supervising auctioneer; to report internship results in accordance with this
Circular;
c) To be accountable to the supervising auctioneer
and the property auction practicing organization for the results and progress
of the assigned tasks;
d) To keep confidential all information and
contents acquired during the internship;
dd) Other obligations as agreed with the property
auction practicing organization and as prescribed by law.
Article 11. Responsibilities
of the supervising auctioneer
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2. To monitor and supervise the intern's performance
of tasks assigned by the supervising auctioneer.
3. To comment on the intern’s internship process
and their implementation of rights and obligations.
4. To be responsible for the results and progress
of tasks performed by the intern under the supervising auctioneer’s assignment
and guidance.
Article 12. Change of
supervising auctioneer
1. The intern shall have the right to request a
change of supervising auctioneer in the following cases:
a) The supervising auctioneer is unable to continue
guiding the internship due to health or other objective reasons;
b) The supervising auctioneer fails to fulfill the
responsibilities prescribed in Article 11 of this Circular.
2. In the case of change of supervising auctioneer
as prescribed in Clause 1 of this Article, the property auction practicing
organization shall assign another auctioneer to provide internship guidance.
Article 13. Rights and
obligations of the property auction practicing organization accepting the
intern
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2. To consider and decide on the intern’s request
to change the supervising auctioneer.
3. To accept the intern for internship at the
organization, unless there is a valid reason for refusal.
4. To manage the intern during the internship at
the organization; to notify in writing the Department of Justice within 05
working days from the date the intern suspends their internship; to monitor and
supervise the performance of the supervising auctioneer’s responsibilities; to
ensure the implementation of the intern’s rights and obligations.
5. To report in writing to the Department of
Justice on the acceptance and guidance of interns at the organization on an
annual basis.
6. Other rights and obligations as agreed with the
intern or as prescribed by law.
Section 2. ASSESSMENT OF
AUCTIONEERING INTERNSHIP RESULTS
Article 14. Principles,
contents, and forms of assessment
1. The assessment shall be conducted in a serious,
transparent, fair, objective, and honest manner, and shall comply with the Law
on Property Auction, the Law on Amendments to the Law on Property Auction, this
Circular, and other relevant legal provisions.
2. The contents of the assessment shall include:
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b) Skills in auctioneering practice.
3. The forms of assessment shall include:
a) The first test is a written examination
with a duration of 180 minutes;
b) The second test is either an oral examination or
a computer-based multiple-choice test; where computer-based testing is not
feasible, a paper-based multiple-choice test shall be conducted.
The Ministry of Justice shall decide and notify the
specific format of the second test in the planned schedule for organizing the
assessment.
Article 15. Registration for
the assessment
1. The following individuals may register for the
assessment of auctioneering internship results:
a) Persons who have completed the internship period
in accordance with Article 13 of the Law on Property Auction, as amended by
Clause 8 Article 1 of the Law on Amendments to the Law on Property Auction and
this Circular;
b) Persons who failed the previous assessment of
internship results.
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a) Registration form for the assessment of
auctioneering internship results;
b) Report on the results of auctioneering
internship.
3. Within 10 days from the date of receipt of a
complete and valid dossier, the Department of Justice shall prepare a list of
eligible candidates for the assessment, publish it on its electronic portal,
and send it to the Ministry of Justice. In case of refusal, the Department
shall issue a written notification stating the reason.
Article 16. Organization of
the assessment
1. The Ministry of Justice shall organize the
assessment of auctioneering internship results. The specific time and plan for
the assessment shall be notified to the Departments of Justice no later than
one month before the date of the assessment.
2. The Council for Assessment of Auctioneering
Internship Results (hereinafter referred to as the Assessment Council) shall be
established by decision of the Minister of Justice. The Assessment Council may
use the official seal of the Ministry of Justice to perform its duties as
prescribed in this Circular.
3. The Assessment Council shall comprise at least
05 (five) members, including a representative of the Ministry of Justice as the
Chairperson of the Council. Other members shall be appointed by decision of the
Minister of Justice.
Supporting the Assessment Council are the following
subcommittees: Secretary Board, Test Preparation Board, Examination Supervision
Board, Test Code Management Board, Oral Examination Board(in case of oral
assessment), Written Examination Scoring Board, and Re-evaluation Board
(hereinafter collectively referred to as the Sub-Boards of the Assessment
Council).
Article 17. Tasks and powers
of the Assessment Council and the Chairperson of the Assessment Council
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a) To develop an assessment plan and submit it to
the Minister of Justice for approval;
b) To establish the Sub-Boards of the Assessment
Council as prescribed in this Circular;
c) To issue the regulations for the assessment
session;
d) To decide and notify the list of candidates,
time, and venue of the assessment to the Departments of Justice having
registered candidates;
dd) To organize the assessment, scoring, and
re-evaluation of the tests in accordance with this Circular;
e) To report and be accountable to the Minister of
Justice for the organization and results of the assessment.
2. The Chairperson of the Assessment Council shall
have the following tasks and powers:
a) To organize the implementation of the tasks and
powers of the Assessment Council; to be responsible before the Minister of
Justice for the performance of such tasks and powers;
b) To assign responsibilities to each member of the
Assessment Council;
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d) To organize the scoring of the assessment;
dd) To handle violations of the assessment
regulations;
e) To announce the assessment results;
g) To settle complaints and denunciations related
to the assessment within their authority.
Article 18. Supervisory Board
1. The Supervisory Board shall be established by
decision of the Minister of Justice at the request of the Director General of
the Department of Judicial Support. The Supervisory Board shall include a Head
and from 01 (one) to 02 (two) members.
2. The Supervisory Board shall have the following
tasks and powers:
a) To supervise the organization of the assessment;
b) To detect and propose the handling of violations
of assessment regulations;
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d) To be responsible for its supervisory activities
and report to the Minister of Justice on the results of each assessment
session.
Article 19. Rights and
obligations of candidates participating in the assessment
1. To pay the fee for appraisal of professional
standards for property auction practice in accordance with regulations of the
Ministry of Finance.
2. To comply with the regulations of the assessment
session issued by the Assessment Council.
3. Other rights and obligations as prescribed in
this Circular and other relevant legal provisions.
Article 20. Management of
assessment papers and results
1. Written tests and the results of oral
examinations or multiple-choice tests shall be sealed immediately after the
conclusion of the assessment; identification codes, test codes, and related
documents must be sealed immediately after the processes of code assignment,
code labeling, code separation, code matching, and scoring of the test papers
are completed.
2. Assessment papers and results shall be retained
by the Ministry of Justice for a period of 05 years from the date of the
assessment.
Article 21. Re-evaluation of
assessment papers
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Re-evaluation shall not apply to oral examinations
or multiple-choice tests.
2. Within 15 days from the end of the period
specified in Clause 1 of this Article, the Chairperson of the Assessment
Council shall decide on the establishment of the Re-evaluation Board. The
Re-evaluation Board shall consist of a Head and at least 02 (two) members.
Members of the Written Test Scoring Board shall not serve on the
Re-evaluation Board.
3. The re-evaluation result must be approved by the
Chairperson of the Assessment Council and shall be final.
Article 22. Handling of
violations related to auctioneering internship
1. An intern who violates the obligations
prescribed in this Circular and has been reminded or required to make
corrections by the property auction practicing organization but continues to
commit violations may be proposed by such organization to the Department of
Justice for removal from the list of auctioneering interns.
2. Auctioneers and property auction practicing
organizations that violate the provisions of this Circular or other relevant
laws shall, depending on the nature and severity of the violations, be subject
to handling measures in accordance with the law.
Article 23. Complaints related
to auctioneering internship and assessment of internship results
1. Interns, auctioneers, and property auction
practicing organizations shall have the right to lodge complaints against
administrative decisions or actions when there are grounds to believe that such
decisions or actions infringe upon their lawful rights and interests.
The settlement of complaints shall be conducted in
accordance with the law on complaints.
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If, upon expiry of the time limit specified in this
Clause, the complaint is not resolved, or if the candidate disagrees with the
resolution by the Chairperson of the Assessment Council, or if the Council has
been dissolved, the candidate may lodge a complaint with the Minister of Justice.
The Minister of Justice shall resolve the complaint within 30 days from the
date of receipt. The decision of the Minister of Justice shall be final.
Chapter IV
ANNUAL PROGRAM,
CONTENTS, AND ORGANIZATION OF PROFESSIONAL TRAINING FOR AUCTIONEERS
Article 24. Annual program and
contents of professional training for auctioneers
1. The annual program of professional training for
auctioneers shall be developed by the professional training provider, ensuring
compliance with Clause 2 of this Article and Clause 1 Article 26 of this
Circular.
2. The contents of the annual professional training
for auctioneers shall include one or more of the following:
a) The Code of Ethics for Auctioneers;
b) Updates and additions to the legal knowledge on property
auction and other relevant regulations;
c) Auctioneering skills; skills in resolving issues
arising during auction practice;
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3. Professional training may be conducted in the
form of professional training classes or experience-sharing sessions.
Article 25. Professional
training providers
1. Professional training providers shall include:
a) The professional social organization of
auctioneers;
b) The Judicial Academy;
c) The Department of Judicial Support.
2. Auctioneers may choose to participate in
professional training classes organized by the professional social organization
of auctioneers, the Judicial Academy, or the Department of Judicial Support.
Article 26. Duration of
participation in professional training
1. The minimum duration of participation in
professional training for auctioneers is 01 working day per year (08
hours/year).
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a) Publishing legal research articles on property
auction or related fields in domestic or international legal journals;
authoring or co-authoring books or textbooks on property auction that have been
published;
b) Lecturing on property auction at the Judicial
Academy; giving lectures at training classes organized by the entities listed
in Clause 1 Article 25 of this Circular;
c) Participating in professional training courses
on property auction abroad;
d) Serving as a speaker in training programs,
seminars, or workshops on the contents specified in Clause 2 Article 24 of this
Circular organized by the Judicial Academy, the Department of Judicial Support,
or the Department of Justice. Auctioneers who attend such programs but are not
speakers shall have 01 day of attendance counted as 04 hours of professional
training; attending 02 days or more shall be considered as fulfilling the
annual training obligation. The Judicial Academy, the Department of Judicial
Support, or the Department of Justice shall issue a written certificate
indicating the attendance period.
3. The following cases shall be exempted from the
obligation to participate in professional training for the year:
a) Female auctioneers who are pregnant or are
raising a child under 12 months of age;
b) Auctioneers undergoing long-term treatment (03
months or more) at medical facilities for illnesses classified as long-term
treatment conditions by the Ministry of Health, with certification from a
district-level or higher medical authority.
Auctioneers must submit supporting documents
proving their eligibility under Points a or b of this Clause to the Department
of Justice where the property auction practicing organization is headquartered
no later than December 15 of each year for the purpose of compiling the list of
auctioneers exempted from training obligations for that year.
Article 27. Documents
certifying fulfillment of professional training obligations
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a) Certificate of participation in professional
training issued by the training provider as specified in Clause 1 Article 25 of
this Circular;
b) Legal journals, books, or textbooks published in
accordance with Point a Clause 2 Article 26 of this Circular;
c) Written confirmation or certification of
participation in the activities specified in Points b, c, d Clause 2 Article 26
of this Circular.
For documents specified in Point c Clause 2 Article
26, such documents must be legalized, translated into Vietnamese, and the
Vietnamese translation must be notarized or certified.
2. Auctioneers who have fulfilled their professional
training obligation shall submit a copy of one of the documents specified in
Clause 1 of this Article to the Department of Justice where the property
auction practicing organization is headquartered no later than December 15 each
year for the purpose of compiling the list of auctioneers who have fulfilled
their professional training obligation for that year.
The Department of Justice shall publish, on its
electronic portal no later than December 31 each year, the list of auctioneers
who have fulfilled their professional training obligation, the list of
auctioneers exempted from such obligation for the year, and the list of
auctioneers who have not yet fulfilled their professional training obligation.
Article 28. Professional
training costs
Professional training providers shall collect
training fees from participants based on the principle of cost recovery,
ensuring transparency and compliance with financial regulations.
Article 29. Responsibilities
of professional training providers
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1. To develop and publish their annual professional
training plan no later than January 30 of each year;
2. To prepare contents, programs, and necessary
conditions, and to organize professional training as per the announced plan;
3. To issue certificates of participation in
professional training in the form enclosed with this Circular;
4. To collect, manage, and use training fees in
accordance with the law;
5. To compile and publish on their electronic
portal the list of auctioneers who participated in training organized by them
each year.
Article 30. Handling of
violations by auctioneers and professional training providers
1. Auctioneers who violate their obligation to
participate in professional training shall, depending on the nature and
severity of the violation, be subject to administrative penalties in accordance
with the law.
2. Professional training providers that violate the
provisions of this Circular shall, depending on the nature and severity of the
violation, be subject to administrative penalties in accordance with the law.
Chapter V
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Article 31. Selection of
property auction practicing organization
The provisions of this Chapter shall not apply to
the selection of property auction practicing organizations through bidding. In
cases where selection is conducted via bidding, the selection criteria shall
comply with Clause 4 Article 56 of the Law on Property Auction, as amended by
Clause 36, Points a, b, e, i Clause 45, and Point h Clause 46 Article 1 of the
Law on Amendments to the Law on Property Auction; and the procedures for
selection shall follow the provisions of the law on bidding.
Article 32. Principles for
selection of property auction practicing organization
1. Compliance with legal regulations and assurance
of the criteria set out in Clause 4 Article 56 of the Law on Property Auction,
as amended by Clause 36, Points a, b, e, i Clause 45, and Point h Clause 46
Article 1 of the Law on Amendments to the Law on Property Auction; Article 33
of this Circular; and Appendix I enclosed herewith.
2. Ensuring accuracy, independence, integrity,
publicity, transparency, fairness, and objectivity.
3. Property auction practicing organizations shall
take full responsibility for the accuracy and truthfulness of the information
provided in their application dossiers for selection.
Article 33. Criteria for
selection of property auction practicing organization
1. Listed in the directory of property auction
practicing organizations published by the Ministry of Justice.
2. Group of criteria on facilities and equipment
necessary to ensure the auction of the specific type of property.
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4. Group of criteria on capacity, experience, and
reputation of the property auction practicing organization.
5. Other criteria appropriate to the auctioned
property as determined by the property owner.
Article 34. Public disclosure
of selection criteria for property auction practicing organization
1. After receiving a decision from the competent
person on the auction of the property, the property owner shall publicly disclose
on their own website and on the National Property Auction Portal the selection
of a property auction practicing organization, including all details as
prescribed in Clause 2 Article 56 of the Law on Property Auction, as amended by
Points a, b, e, i Clause 45 and Point h Clause 46 Article 1 of the Law on
Amendments to the Law on Property Auction, along with specific criteria set out
in Article 33 and Appendix I enclosed herewith.
2. The property owner shall make the public
announcement of the selection of a property auction practicing organization at
least 03 working days prior to the application submission deadline, unless
otherwise provided by law.
Article 35. Evaluation and
scoring based on the criteria for selecting a property auction practicing organization
1. A property auction practicing organization shall
submit 01 set of application documents for selection, either in paper form or
electronic copy, in accordance with the announcement by the property owner.
The property owner shall not require the property
auction practicing organization to submit originals, certified true copies, or
copies of property auction service contracts or auction records.
2. The property owner shall conduct the evaluation
themselves, establish an evaluation team, or use other appropriate forms to
assess the criteria for selecting the property auction practicing organization,
and shall be responsible for such evaluation.
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In case verification results confirm that a
property auction practicing organization has falsified its dossier or
intentionally provided misleading information in its application, the property
owner shall not evaluate or score that organization.
If there is a written statement by a competent
authority declaring that a property auction practicing organization has
falsified its dossier or intentionally provided misleading information, the
property owner shall reject the dossier of such organization.
4. The selected property auction practicing
organization shall be the one with the highest total score across all criteria.
In case two or more organizations have the same highest total score, the
property owner shall consider and decide to select one of them.
If the selected property auction practicing
organization refuses the selection result, the property owner shall consider
and decide to select the organization with the next highest score or reinitiate
the selection process in accordance with this Chapter.
5. In case, within the 12 months prior to the date
of application submission, the legal representative or an auctioneer of the
property auction practicing organization has been convicted by a legally
effective judgment for a criminal offense related to violations of property
auction activities, committed on behalf of, for the benefit of, or under the
direction, operation, or approval of that organization, the property auction
practicing organization shall be deducted 50% of its total score.
6. In case, within the 12 months prior to the date
of application submission, the property auction practicing organization falls
into one of the following circumstances, the following shall apply:
a) If an auctioneer of the organization is
administratively sanctioned for violations of regulations on property auction
activities under Point d and Point dd Clause 3, Clause 4, Clause 5, Clause 6,
Clause 7 Article 22 of Decree No. 82/2020/ND-CP dated July 15, 2020 of the
Government on administrative penalties in the fields of judicial support,
judicial administration, marriage and family, civil judgment enforcement, and
enterprise/cooperative bankruptcy, as amended by Decree No. 117/2024/ND-CP
dated September 18, 2024 on amendments to the Decree No. 82/2020/ND-CP each
auctioneer subjected to administrative sanctions shall result in a deduction of
5% of the total score of that property auction practicing organization.
b) If the property auction practicing organization
is administratively sanctioned for violations of regulations on property
auction activities as prescribed in Points b, d, dd, h, i, and k Clause 3, Clauses
4 and 5 Article 24 of Decree No. 82/2020/ND-CP dated July 15, 2020 of the
Government on administrative penalties in the fields of judicial support,
judicial administration, marriage and family, civil judgment enforcement, and
bankruptcy of enterprises and cooperatives, as amended by Decree No.
117/2024/ND-CP dated September 18, 2024 on amendments to the Decree No.
82/2020/ND-CP, except for the violations specified at Point c of this Clause,
each violation shall result in a deduction of 5% of the total score of that
property auction practicing organization.
c) If the property auction practicing organization
fails to publicly announce the property auction on the National Property
Auction Portal as confirmed by the competent authority, it shall be deducted
20% of the total score, unless it has already been administratively sanctioned
for this act;
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7. In case, within the 12 months preceding the
application deadline, the property auction practicing organization has either
been rejected for evaluation as prescribed in Clause 3 of this Article or has
had its selection result canceled as prescribed in Clause 2 Article 36 of this
Circular, it shall be deducted 50% of the total score.
8. If by the application deadline only one property
auction practicing organization has submitted an application, the property
owner may consider and decide to select that organization if it satisfies the
conditions of the Law on Property Auction, the Law on Amendments to the Law on
Property Auction, this Circular, and other relevant laws.
Article 36. Notification and
cancellation of selection results for property auction practicing organization
1. Within 03 working days from the date of the
selection result, the property owner shall publicly announce the selection
result on their own website (if any) and the National Property Auction Portal.
The notice shall follow the form provided in Appendix II enclosed herewith.
2. If, after the selection result has been
published as prescribed in Clause 1 of this Article, the property owner
receives a document from a competent authority stating that the selected
property auction practicing organization has falsified its dossier or
intentionally provided misleading information in its application, the following
actions shall be taken:
a) If the property auction service contract has not
yet been signed, the property owner shall cancel the selection result of such
organization;
b) If the contract has been signed but the
organization has not yet received applications from bidders, the property owner
shall cancel the selection result and unilaterally terminate the property
auction service contract with such organization;
c) If the contract has been signed and the
organization has already received applications from bidders, the property owner
shall consider and decide whether to cancel the selection result and terminate
the contract, if the contract includes provisions for such situations, or
request the Court to declare the contract null and void in accordance with the
law.
3. Within 03 working days from the date the
selection result is canceled as prescribed in Point a or Point b Clause 2 of
this Article, the property owner shall select the property auction practicing
organization with the next highest total score, based on the scoring results prescribed
in Clause 1 of this Article, to conduct the auction; if the contract is
terminated or declared void by the Court as prescribed in Point c Clause 2 of
this Article, the property owner shall restart the selection process.
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Article 37. Cases where the
property owner refuses to evaluate the application of a property auction
practicing organization
Based on the principles of property auction as
prescribed in Clause 2 Article 6 of the Law on Property Auction and the
principles for selecting property auction practicing organizations as prescribed
in Article 32 of this Circular, the property owner shall refuse to evaluate the
application dossier of a property auction practicing organization in the
following cases:
1. The property owner, the person authorized by the
owner to auction the property, the person entitled to auction the property
under agreement or by law, or the person signing the property auction service
contract is the spouse, biological sibling of the head of the property auction
service center, Chairperson of the Members’ Council, general partner, or legal
representative of the auction enterprise.
2. The property owner, the person authorized by the
owner to auction the property, the person entitled to auction the property
under agreement or by law, or the person signing the auction service contract
is an individual or organization capable of controlling the operations of the
auction organization through ownership, capital acquisition, or decision-making
powers.
3. Other cases as prescribed by law.
Article 38. Responsibilities of
the property owner and property auction practicing organization
1. Responsibilities of the property owner:
a) To publicly announce the selection, evaluation,
and scoring of criteria and be responsible for the selection results of the
property auction practicing organization;
b) To consider and verify information related to
falsification or intentional misrepresentation in the application dossier by a
property auction practicing organization;
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d) Other responsibilities in accordance with the
Law on Property Auction, the Law on Amendments to the Law on Property Auction,
this Circular, and relevant legal provisions.
2. Responsibilities of the property auction
practicing organization:
a) To be responsible for the completeness,
accuracy, and truthfulness of the information provided in its application
dossier for selection;
b) To submit to the Department of Justice where it
is headquartered a report on the number of property auction cases using the
form enclosed herewith no later than January 15 each year as a basis for
scoring in the selection process;
c) Other responsibilities in accordance with the
Law on Property Auction, the Law on Amendments to the Law on Property Auction,
this Circular, and relevant legal provisions.
Chapter VI
RESPONSIBILITIES OF
AGENCIES, ORGANIZATIONS, AND INDIVIDUALS
Article 39. Duties and powers
of the Department of Judicial Support, relevant units under the Ministry of
Justice, and Departments of Justice of provinces and centrally-affiliated
cities
1. The Department of Judicial Support is the
advisory unit assisting the Minister of Justice in performing state management
and organizing law enforcement regarding property auction. Its duties and
powers shall include:
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b) To provide guidance and answers to questions
related to the implementation of this Circular;
c) To inspect, conduct administrative supervision,
handle violations, and resolve complaints and denunciations regarding
auctioneering internship, professional training of auctioneers, and selection
of property auction practicing organizations in accordance with the law;
d) To assist the Minister of Justice in organizing
the assessment of auctioneering internship results in accordance with this
Circular;
dd) To publish on the National Property Auction
Portal information on property auction practicing organizations that fail to
publicly announce property auctions as required under Article 57 of the Law on
Property Auction, as amended by Clause 37 and Point b Clause 45 Article 1 of
the Law on Amendments to the Law on Property Auction;
e) To perform other duties and powers in accordance
with the Law on Property Auction, the Law on Amendments to the Law on Property
Auction, this Circular, and relevant legal provisions.
2. The Inspectorate of the Ministry and relevant
units under the Ministry of Justice shall perform their respective duties and
powers related to the selection of property auction practicing organizations,
and coordinate with the Department of Judicial Support in carrying out the
tasks and powers specified in Clause 1 of this Article.
3. Departments of Justice of provinces and
centrally-affiliated cities shall have the following duties and powers:
a) To compile and publish the list of auctioneering
interns in the locality; the list of auctioneers who have fulfilled their
annual professional training obligations; and the list of auctioneers exempted
from professional training obligations for the year on the Department’s
electronic portal;
b) To publish on the Department’s electronic portal
and send to the Ministry of Justice the list of individuals eligible to
register for the assessment of auctioneering internship results, and the list
of property auction practicing organizations that fail to publicly announce
property auctions as prescribed in Article 57 of the Law on Property Auction,
as amended by Clause 37 and Point b Clause 45 Article 1 of the Law on
Amendments to the Law on Property Auction;
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d) To coordinate in providing information on the
organization and operations of property auction practicing organizations upon
request by the property owner for purposes of selecting an auction
organization;
dd) To inspect the performance of rights and
obligations by property auction practicing organizations, supervising
auctioneers, and interns in accordance with this Circular;
e) To post the reports submitted by property
auction practicing organizations as required at Point b Clause 2 Article 38 of
this Circular on the National Property Auction Portal;
g) Other duties and powers as prescribed by the Law
on Property Auction, the Law on Amendments to the Law on Property Auction, this
Circular, and other relevant legal provisions.
4. In case of organizing training programs,
seminars, or workshops as prescribed in Point d Clause 2 Article 26 of this
Circular, the Department of Justice shall have the following responsibilities:
a) To send the Ministry of Justice the program and
plan for such training, seminar, or workshop prior to the date of organization
and publish it on the Department’s electronic portal;
b) To issue confirmation documents regarding the
participation of auctioneers in the training, seminar, or workshop organized by
the Department, including all required information in the Certificate of
Participation in Professional Training as prescribed in this Circular;
c) Other duties and powers as prescribed by the Law
on Property Auction, the Law on Amendments to the Law on Property Auction, this
Circular, and other relevant legal provisions.
Article 40. Responsibility for
exploitation and use of information in the National Population Database
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2. The exploitation and use of information in the
National Population Database shall be carried out as follows:
a) In case of online submission: information from
the National Population Database shall be automatically filled into the form;
the person carrying out administrative procedures does not need to manually
enter such information. If information is not auto-filled, the individual must
complete the form manually;
b) In case of paper submission (directly or via
post): the individual carrying out the administrative procedure must fully
complete the form.
3. The information subject to extraction and use
under Clause 1 of this Article includes:
a) Gender;
b) Nationality;
c) Permanent residence;
d) Current residence.
Chapter VII
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Article 41. Enclosed forms
The following forms are enclosed with this
Circular:
1. Application for issuance of the Auctioneer’s
Certificate (Form TP-DGTS-01);
2. Application for reissuance of the Auctioneer’s
Certificate (Form TP-DGTS-02);
3. Application for registration of operation of an
auction enterprise (Form TP-DGTS-03);
4. Application for change of operation registration
details of an auction enterprise (Form TP-DGTS-04);
5. Application for reissuance of the Operation
Registration Certificate of an auction enterprise (Form TP-DGTS-05);
6. Application for registration of operation of a
branch of an auction enterprise (Form TP-DGTS-06);
7. Operation Registration Certificate of an auction
enterprise (Form TP-DGTS-07);
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9. Application for change of operation registration
details of a branch of an auction enterprise (Form TP-DGTS-09);
10. Notification of acceptance of auctioneering
internship (Form TP-DGTS-10);
11. Notification of termination of auctioneering
internship (Form TP-DGTS-11);
12. Registration form for assessment of
auctioneering internship results (Form TP-DGTS-12);
13. Property auction registration book (Form
TP-DGTS-13);
14. Auctioned property monitoring book (Form
TP-DGTS-14);
15. Auctioned property monitoring book (applicable
to organizations wholly owned by the State established by the State Bank of
Viet Nam to handle bad debts of credit institutions) (Form TP-DGTS-15);
16. Receipt (Form TP-DGTS-16);
17. Posting confirmation slip (Form TP-DGTS-17);
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19. Report on organization and operation of
property auction activities by the auction practicing organization (Form
TP-DGTS-19);
20. Report on organization and operation of
property auction activities (applicable to organizations wholly owned by the
State established by the State Bank of Viet Nam to handle bad debts of credit
institutions) (Form TP-DGTS-20);
21. Report on the status of property auction
organization and activities in the province/centrally-affiliated city (Form
TP-DGTS-21);
22. Certificate of participation in professional
training for auctioneers (Form TP-DGTS-22);
23. Report on the number of property auction cases
as a basis for scoring in the selection of property auction practicing
organizations (Form TP-DGTS-23).
Article 42. Transitional
provisions
1. A person who was granted the Auctioneer’s
Certificate under Decree No. 17/2010/ND-CP dated March 4, 2010 of the
Government on property auction but had the certificate revoked due to being an
official, civil servant, officer, professional soldier, or defense worker in a
military unit, or a professional or technical officer/non-commissioned officer
in a public security unit, shall, upon applying for reissuance of the
Auctioneer’s Certificate, be exempted from auctioneer training, internship, and
assessment of internship results as prescribed in this Circular.
2. In case the property owner has published a
notice on the selection of a property auction practicing organization prior to
the effective date of this Circular but has not yet finalized the selection,
the selection process shall continue to follow the provisions of Circular No.
02/2022/TT-BTP dated February 8, 2022 of the Minister of Justice on guidance
for selecting property auction practicing organizations.
3. If a property auction practicing organization
was administratively sanctioned or had auctioneers who were administratively
sanctioned for violations of property auction regulations before the effective
date of this Circular, and such violations do not fall under Point a or Point b
Clause 6 Article 35 of this Circular, no point deduction shall be applied when
submitting an application under this Circular.
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1. This Circular comes into force as of January 1,
2025.
2. The following documents cease to be effective
from the effective date of this Circular: Circular No. 06/2017/TT-BTP dated May
16, 2017 of the Minister of Justice on the framework curriculum for the
auctioneer training course, auctioneer training institutions, auctioneering
internship and assessment of internship results, and forms used in property
auction activities; Circular No. 02/2022/TT-BTP dated February 8, 2022 of the
Minister of Justice on guidance for selecting property auction practicing
organizations; Article 6 of Circular No. 03/2024/TT-BTP dated May 15, 2024 of
the Minister of Justice amending and supplementing 08 Circulars relating to
administrative procedures in the field of judicial support.
PP. FOR THE
MINISTER
DEPUTY MINISTER
Mai Luong Khoi