MINISTRY OF JUSTICE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 4716/VBHN-BTP
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Hanoi, October 05, 2023
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DECREE
GUIDELINES FOR LAW ON PROPERTY AUCTION
Government’s Decree No.
62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction,
which comes into force from July 01, 2017 is amended by:
Government’s Decree No.
47/2023/ND-CP dated July 03, 2023 on amendments to some Articles of the
Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law
on Property Auction, which comes into force from September 01, 2023.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Property Auction dated November 17, 2016;
At request of the
Minister of Justice;
The Government
promulgates a Decree on guidelines for Law on Property Auction 1.
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GENERAL PROVISIONS
Article 1. Scope
This Decree provides
guidelines for the Law on Property Auction in terms of issuance and revocation
of auctioneer cards; online auctions; and registration of operation applied to
auction houses established before the effective date of the Law on Property
Auction.
Article 2. Regulated
entities
1. This Decree applies to
property auction organizations, auctioneers, sellers, property auction
councils, the organization whose charter capital is wholly held by the State
established by the Government for the purpose of settlement of bad debts
incurred by credit institutions (hereinafter referred to as “bad debt
management organization”), property auction authorities, relevant individuals
and organizations.
2. A trader or organization
other than the property auction organization that establishes an online auction
website as prescribed in law on electronic commerce shall not be
governed this Decree.
Chapter II
ISSUANCE AND REVOCATION OF AUCTIONEER
CARDS; REGISTRATION OF OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE
THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION
SECTION 1. ISSUANCE AND REVOCATION OF AUCTIONEER CARDS
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1. A property auction
organization or bad debt management organization shall submit an application
for issuance of auctioneer cards held by its auctioneers in person, by post, or
in any form deemed appropriate to the Department of Justice of province where
it is headquartered. An application includes:
a) An application form
for issuance of auctioneer cards;
b) Certified true copies
or copies of auction licenses enclosed with original copies;
c) 1 color photo size 2cm
x 3cm (taken no longer than 06 months from the date of submission of photo)
2. Within 05 working days
from the date on which the satisfactory application is received as prescribed
in Clause 1 of this Article, the provincial Department of Justice shall issue
auctioneer cards; if the application is rejected, it shall provide explanation
in writing.
Within 3 working days
from the date on which the auctioneer cards are issued, the provincial
Department of Justice shall post the list of auctioneers on its website, and
forward it to the Ministry of Justice.
3. An auctioneer card
shall maintain its validity only when its holder practices in the organization
for which the auctioneer card is applied. The auctioneer is entitled to
conduct an actual auction only if he/she is issued with an auctioneer card. The
auctioneer has to wear his/her auctioneer card when conducting an auction.
The holder of auctioneer card may not work as a notary or bailiff as a
part-time job.
4. The template of
auctioneer card shall be issued by the Ministry of Justice.
Article 4. Procedures
for re-issuance of auctioneer cards
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a) An application form
for re-issuance of auctioneer cards;
b) 1 color photo size 2cm
x 3cm (taken no longer than 06 months from the date of submission of photo)
2. Within 03 working days
from the date on which the satisfactory application is received as prescribed
in Clause 1 of this Article, the provincial Department of Justice shall
re-issue auctioneer cards; if the application is rejected, it shall provide explanation
in writing.
Article 5. Procedures
for revocation of auctioneer cards
Within 03 working days
from the date on which an auctioneer has his/her auction license revoked under
a decision issued by the Minister of Justice, the provincial Department of Justice
which has issued his/her auctioneer card based on such auction license shall
issue a decision on revocation of the auctioneer card. The decision on
revocation of auctioneer card shall be sent to the auctioneer having his/her
card revoked, his/her working place, the Ministry of Justice, and shall be
posted on the website of the provincial Department of Justice.
The auctioneer card shall
be no longer valid from the date on which the corresponding auction license is
revoked by the Ministry of Justice.
Section
2. REGISTRATION
OF OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE THE EFFECTIVE DATE OF
THE LAW ON PROPERTY AUCTION
Article 6.
Registration of operation applied to auction houses established before the
effective date of the Law on Property Auction and having operation converted.
1. If an auction house
established before effective date of the Law on Property Auction wishes to have
the whole of its operation converted into an auction house prescribed in
Article 23 of the Law on Property Auction, it shall submit an application for
registration in person, by post, or in any form deemed appropriate to the
Department of Justice of the province where it is headquartered. The
application includes the documents prescribed in Points a, b, and c Clause 1
Article 25 of the Law on Property Auction.
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3. The newly-established
auction house which is issued with a certificate of registration by the
provincial Department of Justice shall publish contents of the certificate as
prescribed in Article 28 of the Law on Property Auction. The aforesaid
provincial Department of Justice shall publish contents of certificate of
registration as prescribed in Article 27 of the Law on Property Auction.
Article 7. Registration
of operation applied to auction houses established before the effective date of
the Law on Property Auction and keeping operating property auction line of
business and conducting other lines of business
1. If an auction house
established before effective date of the Law on property auction wishes to keep
both operating property auction line of business and conducting other lines of
business as prescribed in law on enterprises, it shall establish a new auction
house as prescribed in Article 25 of the Law on Property Auction.
2. The newly-established
auction house as prescribed in the Law on Property Auction shall inherit all
legitimate rights and interests and obligations in property auction from the
auction house established before the effective date of the Law on Property
Auction.
3. After the
newly-established auction house is issued with a registration certificate by
the provincial Department of Justice, the auction house established before the
effective date of the Law on Property Auction shall terminate the property
auction line of business and may not have the phrase “đấu giá tài sản”
(property auction) used in its name.
4. The newly-established
auction house which is issued with a certificate of registration by the
provincial Department of Justice shall publish contents of the certificate as
prescribed in Article 28 of the Law on Property Auction. The aforesaid
provincial Department of Justice shall publish contents of certificate of
registration as prescribed in Article 27 of the Law on Property Auction.
Chapter III
ONLINE AUCTION
Article 8. Rules
for online auction
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2. Protecting user names
of and information about bidders and other information as prescribed by law.
3. Ensuring
objectiveness, transparency, safety and network security.
4. Protecting legitimate
rights and interests of sellers, bidders, and relevant individuals and
organizations.
Article 9. Conducting
online auctions 2
1. If an online auction
is conducted, the property auction organization, property auction council, or
bad debt management organization shall conduct procedures for property auction
as prescribed in Chapter III and Chapter IV of the Law on Property Auction,
Chapter III of Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 and
this Decree.
2. The property auction
organization, property auction council, or bad debt management organization may
hire or use its online auction website so as to conduct an online auction.
Online auction websites established and operated under regulations of law
on information and communications and law on electronic commerce include
national online auction website, bad debt management organization’s website and
property auction organization’s website.
3. The bad debt
management organization shall use its online auction website to conduct an
online auction of property that is bad debt or collateral for such bad debt
according to law regulations.
4. Expenses on
participation in online auction website and/or rental of a property auction
organization that has the online auction website for the purpose of
organization of an online auction shall be included in property auction
expenses specified in Clause 2 Article 66 of the Law on Property Auction.
5. The Ministry of
Justice shall take charge and cooperate with the Ministry of Finance, relevant
ministries and central authorities in issuing regulations on expenses on use of
the national online auction website of the national property auction portal.
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1. The property auction
organization, property auction council, or bad debt management organization
shall post the Regulation on auction and publicly announce auction, a list of
property, documents and images related to property (if any) attached to this
Regulation on the online auction website.
2. Each bidder may check
the auctioned property in online or offline form according to Regulation of the
auction; and apply for participation in auction on the online auction website.
When the bidder purchases an application for property auction, he/she
shall be issued with an account via his/her registered email.
The bidder shall use
his/her account to receive instructions about methods of submitting application
for participation in online auction, advance payment by online payment methods,
methods of participating in auction and making bids and other necessary
information on the online auction website.
3. The bidder may use
his/her account to participate in the auction according to the Regulation of
the auction when submitting the satisfactory application and making an advance
payment.
If a person eligible to
participate in auction does not log in his/her account that has been issued to
make bid within the duration specified in the Regulation, he/she will be deemed
not to participate in the auction according to Point a, Clause 6 Article 39 of
the Law on Property Auction, except as any force majeure event
The property auction
organization shall reach an agreement with the seller on the duration for
making bid and this duration shall be at least 15 minutes.
4. The property auction
organization, property auction council, or bad debt management organization
shall appoint its members to administrate the auction on the online auction
website At the closing of the auction, the successful bidder shall be
determined as follows:
a) In case of ascending
price auction, the successful bidder is the person who makes the highest bid
recorded by the online auction system;
b) In case of descending
price auction, the successful bidder is the first person who accepts the
starting price or decreased price recorded by the online auction system.
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5. As soon as practicable
after publishing the list of successful bidders on the online auction website,
the results of online auction shall be published on the online auction website
and sent to emails of bidders who have registered with the property auction
organization, property auction council, or bad debt management organization.
Article 11.
Notification of online auction results
1. The property auction
organization, property auction council, or bad debt management organization
shall notify the successful bidder of online auction results as soon as
practicable after obtaining the results.
2. The notification shall
specify information about the property on auction, opening time and closing
time, the time at which the online auction system recognizes the hammer price.
Article 12. Online
auction reports
An online auction report
shall specify the opening time, closing time, number of bidders, winning bid,
and successful bidder. The auction progress recorded by the online
auction system shall be extracted with certification of the property auction
organization operating the online auction website and the auction report shall
be attached.
The auction report shall
be made at the closing time and bear signatures of the auctioneer assigned by
the property auction organization, property auction council, or bad debt
management organization, report maker, and the seller. If the auction is
conducted by the property auction council, the auction report shall also bear
the signature of the Chairperson of Council apart from the aforementioned
information
The auction report shall
be sent to the successful bidder for signature. In case of use of digital
signature in the auction report, law on e-commerce transactions shall apply.
Article 13.
Requirements for online auction website 4
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2. The time on the online
auction website is real time. It is also the standard time in online auction.
3. The website shall
operate stably and continuously, and reach level 3 according to law regulations
on assurance about information system security according to each level.
4. Requirements for data
connection, integration and sharing through the national data sharing and
integration platform; technical infrastructure requirements and information
technology standards shall be satisfied.
5. The online auction
website shall have at least functions below:
a) The website shall
enable each organization/individual to register an account to participate in
the auction. Each individual or organization may only register an account
to participate in the auction and make bid.
b) Information about
bidders, accounts, making bid and bid placed shall be kept confidential by
separate identification code.
c) Bid placed by the
bidder shall be displayed publicly and truthfully; it is possible to record
information and extract history of
transactions, bid placed at each auction, withdrawal of bid placed and other
necessary information during the auction process on the website.
d) The highest
bid placed in respect to ascending price auction and the starting price or
decreased price in respect to descending price auction shall be displayed
continuously during the operation of the auction so that the bidder can conduct
inspection; the list of eligible bidders who do not participate in the auction
shall be also displayed.
dd) It
is ensured that the bidder cannot submit application for
participation in the auction after the deadline for application submission; and
make bid after the closing of the auction.
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1. The property auction
organization or bad debt management organization shall submit a project for
development of its online auction website to the Ministry of Justice. The
project shall contain contents specified in Clause 3 Article 1 of this Decree.
2. The Minister of
Justice shall establish an assessment council to assess if requirements for
online auction website are satisfied and issue regulations on council’s
operation; the council is composed of a representative who acts as Chairperson,
representative(s) of relevant agencies and organizations, and qualified experts
in the fields of auction and information technology.
3. The assessment council
shall assess if the requirements below are satisfied:
a) Infrastructure,
facilities and technicians operating the online auction website of the property
auction organization;
b) Requirements specified
in Clause 3 Article 1 of this Decree.
Article 15. Approval
for online auction website and termination of online auction 6
1. Within 90 days from
the date of receipt of the project for development of online auction website
from the property auction organization or bad debt management organization, the
Minister of Justice shall consider approving their website.
2. The list of property
auction organizations having online auction websites shall be posted on the
property auction website.
3. On an annual basis or
in unexpected cases, the Ministry of Justice or the provincial Departments of
Justice shall inspect the management and operation of the approved online auction
website of the property auction organization or bad debt management
organization. In case the online auction website does not meet
requirements specified in Clause 3, Article 1 of this Decree, the property
auction organization having this online auction website or the bad debt
management organization shall be responsible for upgrading the online auction
system within 90 days from the date on which the request is granted.
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Article 16.
Responsibilities of the Ministry of Justice, property auction organization and
bad debt management organization for development, management and operation of
online auction website 7
1. Ministry of Justice:
a) Preside over
development and promulgation of the project for development of the national
property auction portal that has the function of posting notification of
selection of property auction organizations, auctions and online auctions;
b) Manage, operate and
provide guidance on use of the national online auction website under the
national property auction portal; maintain and upgrade the online auction
system in order to ensure that requirements specified in Clause 3, Article 1 of
this Decree are satisfied;
c) Provide guidance for
sellers, property auction organizations and bidders so that they conduct online
auctions, make registration and post information on the national online auction
website;
d) Keep information
confidential during the operation of the national online auction website when
the online auction is conducted according to regulations;
dd) Store information so
as to serve search, monitoring, supervision, inspection and audit;
e) Publicly announce
requirements for information technology infrastructure applicable to users when
they participate in the national online auction website;
g) Perform other tasks of
property auction assigned by the Government and the Prime Minister.
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a) Build, manage and
operate their online auction websites; be responsible for online auction
results provided;
b) Keep information about
bidders and their accounts confidential unless otherwise prescribed by law;
c) Compensate for damage
caused by their faults during the operation of their online auction websites
according to law regulations;
d) Issue, provide
guidance and publish, on their online auction websites, methods of registering
accounts, using an accounts, making bids, and conducting auctions, opening time
and closing time, bid increments and online auction results on the online
auction system;
dd) Maintain and upgrade
the online auction system to ensure that it meets requirements specified in
Clause 3, Article 1 of this Decree.
Article 16.
Responsibilities of property auction organizations, property auction councils,
bad debt management organizations for use of online auction websites 8
1. Equip information
technology infrastructure to meet requirements for organization of online
auctions.
2. Manage and keep
information about bidders, accounts and passwords issued confidential, unless
otherwise prescribed by law. In case their accounts are lost or they detect
that their accounts are being illegally used, they shall immediately notify
agencies or organizations operating online auction websites.
3. Be responsible before
the law for the accuracy and truthfulness of information registered and posted
on online auction websites when logging in with their accounts; online auction
results provided.
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5. Comply with Law on
Property Auction and other regulations of relevant laws.
Article 16b.
Responsibilities of bidders participating in online auction websites 9
1. Ensure equipment when
participating in auctions; assume their responsibilities in case their network
systems have problems that prevent participating online auctions or making bids
on online auction websites.
2. Manage and keep their
accounts and passwords issued confidential. If these accounts and
passwords are lost or they detect that their accounts are being illegally used,
they shall immediately notify the property auction organization, the property
auction council or the bad debt management organization.
3. Be responsible before
the law for the accuracy and truthfulness of information registered and posted
on online auction websites when logging in with their accounts.
4. Comply with Law on
Property Auction and other regulations of relevant laws and the Regulations of
auctions.
Chapter IV
IMPLEMENTATION PROVISIONS 10
Article 17.
Transitional provisions
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2. A certificate of
training in auction which is issued as prescribed in the Government's Decree
No. 17/2010/ND-CP dated March 4, 2010 on property auction shall be considered
valid equivalent to a diploma of vocational training in auction as prescribed
in the Law on Property Auction.
Within 01 year from the
effective date of the Law on Property Auction, if a holder of certificate of
training in auction prescribed in the Government's Decree No. 17/2010/ND-CP
dated March 4, 2010 on property auction applies for issuance of auction
license, he/she is exempt from auction practice and tests thereof as prescribed
in Article 13 of the Law on Property Auction.
3. If a consignor
agreement between the consignor (seller) and auction house is signed before the
effective date of the Law on Property Auction and public notices are made but
the auction has been not conducted, such auction shall be conducted as
prescribed in the Government's Decree No. 17/2010/ND-CP dated March 4, 2010 on
property auction.
4. Within 01 year from
the effective date of the Law on Property Auction, property auction
organizations having auctioneers issued with auctioneer cards as prescribed in
the Government's Decree No. 17/2010/ND-CP dated March 4, 2010 on property
auction shall propose the issuance of auctioneer cards as prescribed in this
Decree to the provincial Department of Justice.
An auctioneer card issued
by the property auction organization shall expire from the date on which the
auctioneer is issued with another auctioneer card by the provincial Department
of Justice as prescribed in this Decree.
5. While waiting for the
property auction website to be established, the property auction organization,
property auction council, or bad debt management organization shall publish
information prescribed in Clause 1 Article 57 of the Law on Property Auction in
a central or provincial printed or visual newspaper where the property on
auction exists.
6. Within 01 year from
the effective date of the Law on Property Auction, the provincial Department of
Justice shall request the Chairperson of People’s Committee of
province/central-affiliated city to rename the “Trung tâm dịch vụ bán đấu giá
tài sản” established before July 1, 2017 to “Trung tâm dịch vụ đấu giá tài sản”.
Until such change of name
happens, the property auction center shall conduct property auctions as
prescribed in the Law on Property Auction.
Article 18. Entry into
force
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Article 19.
Implementation responsibilities
Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, and Chairpersons of
People's Committees of provinces and central-affiliated cities shall be
responsible for implementation of this Decree.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Mai Luong Kho
1 Government’s Decree No.
47/2023/ND-CP on amendments to some Articles of Government's Decree No.
62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction is
promulgated pursuant to:
“The Law on
Governmental Organization dated June 19, 2015; Law on amendments to Law on
Government Organization and Law on Local Governmental Organization dated
November 22, 2019;
The Law on Property
Auction dated November 17, 2016;
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The Government
promulgates Decree on amendments to some Articles of Government's Decree No.
62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction.”
2 This Article is amended
by Clause 1 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from
September 01, 2023.
3 This Article is amended
by Clause 2 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from
September 01, 2023.
4 This Article is amended
by Clause 3 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from
September 01, 2023.
5 This Article is amended
by Clause 4 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from
September 01, 2023.
6 This Article is amended
by Clause 5 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from September
01, 2023.
7 This Article is amended
by Clause 6 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to
some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017
on guidelines for Law on Property Auction, which comes into force from
September 01, 2023.
8 This Article is added
by Point a Clause 7 Article 1 of Government’s Decree No. 47/2023/ND-CP on
amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated
May 16, 2017 on guidelines for Law on Property Auction, which comes into force
from September 01, 2023.
9 This Article is added
by Point b Clause 7 Article 1 of Government’s Decree No. 47/2023/ND-CP on
amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated
May 16, 2017 on guidelines for Law on Property Auction, which comes into force
from September 01, 2023.
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“Article 2.
Transitional provisions
1. If the property
auction organization has submitted a valid project for online auction according
to regulations of Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction before the
effective date of this Decree, the provincial Department of Justice will
continue to assess requirements and accredit online auction according to
regulations of Government's Decree No. 62/2017/ND-CP dated May 16, 2017.
2. Within 02 years
from the effective date of this Decree, the property auction organization that
receives approval for its online auction website according to Decree No.
62/2017/ND-CP dated May 16, 2017 shall maintain, repair and upgrade the online
auction system to meet requirements specified in Clause 3, Article 1 of the
Decree and report the results to the Ministry of Justice and provincial Department
of Justice that have granted approval.
Article 3.
Implementation
1. This Decree comes
into force from September 01, 2023.
2. The Minister of
Justice is responsible for direct, provide guidance and inspect the
implementation of this Decree.
3. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s
Committees at all levels and relevant authorities, organizations, and
individuals shall be responsible for the implementation of this Decree./.”