THE MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 18/2014/TT-BTP
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Ha Noi, September 8, 2014
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CIRCULAR
PROVIDING GUIDANCE ON ASSET AUCTIONS AS PRESCRIBED IN
DECREE NO. 53/2013/ND-CP DATED MAY 18, 2013 OF THE GOVERNMENT ON ESTABLISHMENT,
ORGANIZATION AND OPERATION OF VIETNAM ASSET MANAGEMENT COMPANY
Pursuant to Decree No. 53/2013/ND-CP dated May 18, 2013 of
the Government on establishment, organization and operation of Vietnam Asset
Management Company;
Pursuant to Decree No. 17/2010/ND-CP dated March 4, 2010 of
the Government on asset auctions;
Pursuant to Decree No. 22/2013/ND-CP dated March 13, 2013
of the Government on the functions, tasks, entitlements and organizational
structure of the Ministry of Justice;
At the request of Director of Bureau of Judicial affairs
support, Ministry of Justice;
The Minister of Justice issues the Circular providing
guidance on asset auctions as prescribed in Decree No.53/2013/ND-CP dated May
18, 2013 of the Government on establishment, organization and operation of the
Vietnam Asset Management Company (hereinafter referred to as VAMC).
Chapter I
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Article 1. Scope
This Circular provides guidance on procedures for putting
up assets for auction, where assets are bad debts and collateral against bad
debts which are purchased by VAMC from Vietnamese credit institutions as
prescribed in Decree No. 53/2013/ND-CP (hereinafter referred to as auctioned
assets).
Article 2. Regulated entities
1. VAMC;
2. Professional auctioneering organizations;
3. Other relevant entities.
Article 3. Holding the auction
1. VAMC shall decide the methods for auctioning the assets
that are purchased by VAMC as prescribed in Decree No. 53/2013/ND-CP.
2. Asset auctions shall be held by VAMC under law on asset
auctions and regulations prescribed in this Circular.
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PROCEDURES FOR AUCTION
Article 4. Determination of the reserve price of the
auctioned assets
1. The reserve price of the auctioned assets shall be
determined before VAMC signs a contract to hire a professional auctioneering
organization to hold the auction or before VAMC holds the auction itself. VAMC
shall decide and take responsibility for the reserve price of the auctioned
assets.
2. The reserve prices of auctioned assets being bad debts
shall be determined as follows:
a) In case VAMC purchased bad debts from a credit
institution at market value, they shall hire an appraisal company to assess the
bad debts or assess the bad debts themselves in order to determine the reserve
price.
b) In case VAMC purchased bad debts from a credit
institution at book value with special bonds, they shall negotiate an agreement
with such credit institution on the reserve price.
3. In case VAMC puts up the collateral against the bad
debts for auction, it shall negotiate an agreement with the owner of such
collateral on the reserve price of the auctioned assets; in case VAMC puts up
the land use right (hereinafter referred to as land) for auction, they shall
negotiate an agreement with the pledgor on the reserve price.
4. In case both parties fail to reach an agreement on the reserve
price as prescribed in Point b Clause 2 and Clause 3 of this Article within
five (05) working days from the day on which the decision to put assets up for
auction is issued, VAMC shall hire an appraisal company to assess the assets or
assess themselves in order to determine the reserve price.
Article 5. Selection of professional auctioneering
organizations to hold the auction
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2. VAMC shall issue, conduct and take responsibility for
considering and deciding process for selection of professional auctioneering
organizations to hold the auction. The professional auctioneering organizations
shall be considered according to criteria such as: competence, experience,
prestige, operating duration, the number of auctioneers, the quantity of
successful auction contracts, auction plan, scale and facilities.
Article 6. The contract to hire a professional
auctioneering organization;
In case VAMC hires a professional organization to hold the
auction, it shall sign a contract with such organization. The contract shall
include:
1. Name and address of contracting parties;
2. Auctioned assets (together with detailed annex);
3. The reserve prices;
4. Time and location to hold the auction;
5. The auction method applied;
6. Auction charge, auction expenses; auction participation
fee, deposits and payment methods;
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8. Rights and obligations of contracting parties,
responsibility for failure to fulfill contractual obligations.
Article 7. In case the professional auctioneering
organization holds the auction under the contract.
1. The professional auctioneering organization shall
announce the auction, collect participation fees and deposits, issue the
regulations on auction, hold the auction and take responsibility for the
auction.
2. VAMC shall facilitate and supervise the auctions that
are held by professional auctioneering organizations; sign contracts to sell
the auctioned assets as prescribed in Article 11 of this Circular, and transfer
the auctioned assets together with relevant documents to the buyers of
auctioned assets.
3. The auction which is held by a professional
auctioneering organization shall be carried out under the law on asset auctions
and regulations as prescribed in this Circular.
Article 8. In case VAMC holds the auction
1. In case VAMC holds the auction, one (01) senior
representative of VAMC shall take responsibility for conducting the auction. To
hold the auction, there are entities that shall support the leaders of VAMC
such as: representatives of relevant functional Departments of VAMC ;
representatives of debt-selling credit institutions in case asset auctions are
purchased at book value by special bonds and auctioneers may be also involved.
2. The senior representative of VAMC , who holds the
auction, must issue the Regulations on auction in accordance with law on asset
auctions and relevant law, including at least the contents below:
a) Requirements, duration, method of registration for the
auction;
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c) Regulations on method of auction;
d) Rules for determining bid increments;
dd) Regulations on withdrawal from the auction, handling
deposits paid by the bidders who withdraw from the auction before the deadline
for registering;
e) The cases in which the bidders must stop bidding.
3. The auction shall be carried out under the law on asset
auctions and regulations in this Circular.
4. The senior representative of VAMC , who holds the
auction, shall directly operate and take responsibility for the auction.
Article 9. Reduce the duration of information disclosure
1. In case of putting up bad debts for auction, the
duration of information disclosure shall be determined as follows:
If VAMC purchased bad debts from credit institutions at the
market value, VAMC shall decide whether to reduce the duration of information
disclosure;
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2. In case VAMC put up the collateral against bad debts for
auction, it shall negotiate an agreement with the owner of such collateral on
the reserve prices of auctioned assets on reduction of the duration of
information disclosure; in case of putting up the land for auction, VAMC shall
negotiate an agreement with the pledgor of land.
3. The duration of information disclosure provided for in
Clause 1 and Clause 2 of this Article shall be at least four (04) working days
if the assets are movable assets, or at least fifteen (15) days before the
auction takes place if the assets are real estate.
Article 10. Hold the asset auctions in case only one bidder
attends
1. In case of the deadline for registering for the auction
, if only one bidder registers to purchase the auctioned assets or multiple
bidders attend but only one of them wishes to buy at the reserve price, assets
shall be sold to such bidder.
2. In order to sell assets as prescribed in Clause 1 of
this Article, VAMC must comply with regulations on information disclosure and
there are no complaints about procedures until the end of the auction.
Article 11. The contract to sell auctioned assets
1. Within two (02) working days from the end of the
auction, the senior representative of VAMC or the professional auctioneering
organization must transfer all documents and records about the auction, deposit
of the buyers of auctioned assets to VAMC .
2. VAMC shall sign a sale contract with the buyers. The sale contract shall be signed and implemented
under the law.
Article 12. Handling of auctioned assets in case the
auction is not successful or not attended by any bidder
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2. If the assets are collateral against bad debts and the
auction is not successful or not attended by any bidder, within five (05)
working days, VAMC must negotiate an agreement with the owner of such
collateral on method of handling assets; in case of putting up the land for
auction, they must negotiate an agreement with the pledgor on method of handling
land; in case of failing to reach an agreement, they shall select other methods
under regulations of the State bank of Viet Nam guiding Decree No.
53/2013/ND-CP.
Article 13. Invalidation of auction result
The invalidation of auction result as prescribed in Point a
Clause 1 Article 48 of Decree No. 17/2010/ND-CP shall be implemented as
follows:
1. In case the auctioned assets are purchased from credit
institutions by VAMC at the book value with special bonds and the auction is
held by a professional auctioneering organization, the invalidation of auction
result must be agreed in writing between VAMC , debt-selling credit
institutions, the buyers of auctioned assets and professional auctioneering
organization; in case VAMC holds the auction, the invalidation of auction
result must be agreed in writing between VAMC , debt-selling credit
institutions and the buyers of auctioned assets.
2. In case the auctioned assets are purchased by VAMC at
the market value and the professional auctioneering organization hold the
auction, the invalidation of auction result must be agreed in writing between
VAMC, the buyers of auctioned assets and professional auctioneering
organization; in case VAMC holds the auction, the invalidation of auction
result must be agreed in writing between VAMC and the buyers of auctioned
assets.
Article. Auction charges and expenses
Auction charges and actual expenses for the auction must be
conformable with law.
Article 15. Responsibility of VAMC
1. Notify in writing the asset auctions to the owner of
assets put up as collateral as prescribed in the Clause 3 Article 18 of Decree
No. 53/2013/ND-CP; or notify in writing to the pledgor of land in case of
putting up land for auction.
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3. Make the Logbook on asset auctions, the Register of
asset auctions under the law on asset auctions.
4. Take other responsibility under the law.
Chapter III
ORGANIZING THE IMPLEMENTATION
Article 16. Responsibility of the Ministry of Justice
1. Check, inspect, handle with violations against law on
asset auctions within their competence.
2. Take other responsibility under the law.
Article 17. Effect
This Circular shall take effects from November 10, 2014.
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1. VAMC, professional auctioneering organizations, other
relevant entities must conform to this Circular.
2. In case of difficulties that arise during the
implementation of this Circular, VAMC must report to the Ministry of Justice,
the State bank of Vietnam and relevant Department for consideration.
PP THE MINISTER
DEPUTY MINISTER
Dinh Trung Tung