THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 62/2017/ND-CP
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Hanoi, May 16, 2017
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DECREE
GUIDELINES FOR LAW ON PROPERTY AUCTION
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
property auction dated November 17, 2016;
At the request of the
Minister of Justice;
The Government
promulgates a Decree on guidelines for law on property auction,
Chapter I
GENERAL PROVISIONS
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This Decree provides
guidelines for the Law on property auction in terms of issuance and revocation
of auctioneer cards; online auctions; and registration for 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
regulated for the purposes of this Decree.
Chapter II
ISSUANCE AND REVOCATION OF AUCTIONEER
CARDS; REGISTRATION FOR OPERATION APPLIED TO AUTION HOUSES ESTABLISHED BEFORE
THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION
Section 1. ISSUANCE
AND REVOCATION OF AUCTIONEER CARDS
Article 3. Procedures
for issuance of auctioneer cards
1. A property auction
organization or bad debt management organization shall submit an application
for issuance of auctioneer cards held by its auctioneers directly, by post, or
in any form deemed appropriate to the Service of Justice in the province where
it is headquartered. An application includes:
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b) Certified true copies
or copies of auction licenses enclosed with original copies;
c) 1 color photo size 2cm
x 3cm (taken not longer than 6 months from the date of submission of photo)
2. Within 5 working days
from the date on which the satisfactory application is received as prescribed
in Clause 1 of this Article, the Service 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 Service 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 valid 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
1. If an auctioneer
working in the property auction organization or bad debt management
organization has his/her auctioneer card lost or damaged, such organization
shall submit an application for re-issuance of auctioneer card following the
procedures prescribed in Clause 1 Article 3 hereof. An application includes:
a) An application form
for re-issuance of auctioneer card;
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2. Within 3 working days
from the date on which the application is received, the Service of Justice
shall consider issuing the auctioneer card; if the application is rejected, it
shall provide explanation in writing.
Article 5. Procedures
for revocation of auctioneer cards
Within 3 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 Service of Justice which
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 post it on the Services of
Justice’s website.
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 FOR OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE THE
EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION
Article 6.
Registration for operation applied to auction houses established before the
effective date of the Law on property auction 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 directly, by post, or in any form deemed appropriate to the
Service of Justice in 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.
2. The newly-established
auction house which is issued with a certificate of registration by Service of
Justice 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. The newly-established
auction house which is issued with a certificate of registration by Service of
Justice shall publish its content of certificate of registration as prescribed
in Article 28 of the Law on property auction. The aforesaid Service of Justice
shall publish content of certificate of registration as prescribed in Article
27 of the Law on property auction.
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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 law on 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 certificate of registration by
Services 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 Service of
Justice shall publish its content of certificate of registration as prescribed
in Article 28 of the Law on property auction. The aforesaid Service of Justice
shall publish content 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
1. Comply with law on
property auction.
2. Protect user names of
and information about bidders and other information as prescribed by law.
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4. Protect rights and
legitimate interests of sellers, bidders, and relevant individuals and
organizations.
Article 9. Conducting
online auctions
1. If an online auction
is conducted, the property auction organization, property auction council, or
bad debt management organization shall follow the procedures for property
auction as prescribed in Chapter III and Chapter IV of the Law on property
auction and Chapter III of this Decree.
2. The property auction
organization shall use its online auction website or enter into a contract to
use the online auction website of another property auction organization so as
to conduct an online auction.
If an auction is
conducted by the property auction council or bad debt management organization,
such organization shall enter into a contract to use the online auction of
another property auction organization so as to conduct an online auction.
Auctioneers who are
assigned by the property auction organization, property auction council, or bad
debt management organization shall take responsibility for conducting an online
auction.
3. The property auction
organization conducting an online auction shall, apart from the obligation of
announcement of property auction as prescribed in Article 57 of the Law on
property auction, be obliged to post an announcement on the online auction
website according to an agreement entered into with the seller, property
auction council, bad debt management organization.
4. The expense associated
with the rental of online auction website for the purpose of conducting an
online auction shall be included in the property auction expenditure expenses
prescribed in Clause 2 Article 66 of the Law on property auction.
5. The online auction
website shall be established and operated as prescribed in law on information
and communications and law on electronic commerce.
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1. The property auction
organization shall post the Regulation on auction on the online auction
website.
2. When a bidder
registers to bid online, he/she shall be issued with an account, provided with
guidelines for using the account, how to bid and necessary information on the
online auction website.
3. Bidders shall use
their accounts and make their bids according to types of auctions, opening time
and closing time, bid increments that are announced.
At the closing of the
auction, the auctioneer who is assigned by the property auction organization,
property auction council, or bad debt management organization to conduct the
online auction shall determine the successful bidder 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 at the closing time;
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.
5. As soon as practicable
after determining the successful bidder prescribed in Clause 4 of this Article,
the auctioneer who is assigned by the property auction organization, property
auction council, or bad debt management organization to conduct the online
auction shall announce the successful bidder on the online auction system.
6. As soon as practicable
after announcing the successful bidder on the online auction system, the
results of online auction shall be published on the online auction system and
sent to emails of bidders who registered with the property auction
organization, property auction council, or bad debt management organization.
Article 11.
Notification of online auction results
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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 enclosed with the auction
report.
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 Chairman of council apart from the aforementioned
information.
The auction report shall
be sent to the successful bidder for being signed. In case of using digital
signature in the auction report, law on ecommerce transactions shall apply.
Article 13.
Requirements for holding online auctions
1. If a property auction
organization wishes to establish an online auction website as prescribed in the
Law on property auction, it must satisfy the following requirements:
a) Have infrastructure
for online auction;
b) Have technicians in
charge of technical system of online auction website;
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2. The infrastructure for
online auction shall have at least functions below:
a) Ensure the safety and
confidentiality of the account, the integrity of data, bidders making bids, bid
placed, and information about bidders;
b) Record and save all
bid placed in the auction, withdrawal of bid placed and necessary information
about the progress of the online auction;
c) Display bid placed by
bidders publicly and truthfully; extract history of bid offering in the online
auction system;
dd) Make the highest bid
recorded by the online auction system visible to the bidders every 30 seconds.
Article 14. Assessment
of requirements for conducting online auction
1. The property auction
organization shall submit a project for online auction to the Service of
Justice of province where it is headquartered. The project shall contain terms
of the contents prescribed in Clause 13 hereof.
2. The Director of
Services of Justice shall establish an assessment council to assess if
requirements for online auction are satisfied and issue the regulations on
council’s operation; the council is composed of a representative acting as
Chairman, 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:
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b) Infrastructure,
facilities and technicians operating the online auction website;
c) The safety and
confidentiality of online auction system;
d) Display, recording,
retention, and extract of online auction system;
dd) Plans and technical
solutions for the operation of infrastructure;
e) Feasibility and
efficiency in initiating online auction system in reality.
Article 15. Approval
for property auction organizations eligible for conducting online auctions
1. Within 90 days from
the date on which a project for online auction submitted by a property auction
organization is received, the Director of Services of Justice shall consider
approving that the property auction organization is eligible for online
auction.
2. A list of property
auction organizations having eligible online auction websites shall be
published on the Service of Justice's website and forwarded to the Ministry of
Justice; then Ministry of Justice shall then post in on the property auction
specialized website.
Article 16.
Responsibilities of property auction organizations operating online auction
websites
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1. Operate the online
auction website; take responsibility for online auction results provided;
2. Provide infrastructure
and operate the online auction website as prescribed in the Law on property
auction, this Decree and relevant law provisions;
3. In case of any
technical defects that prevent the auction from beginning, the property auction
organization shall suspend the online auction and give a timely notice to the
seller, who will decide another auction date and time; in case of any technical
defects that prevent bidders from making bids after the auction has begun, the
property auction organization shall cancel the online auction and give a notice
to the seller, who will decide another auction date and time;
4. Protect information
about bidders and their accounts, unless otherwise prescribed by law;
5. Compensate for damage
at its faults during the operation of website as prescribed by law.
6. Provide guidelines for
registration of accounts, using accounts, making bids, types of auctions,
opening time and closing time, bid increments, and auction results on the
online auction website.
Chapter IV
IMPLEMENTATION
Article. 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 1 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 1 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 Service 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 Service of Justice as
prescribed in this Decree.
5. While waiting for the
property auction specialized 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 1 year from the
effective date of the Law on property auction, the Service of Justice shall
propose the President 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 in
force
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Article 19.
Implementation
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree./.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc