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MINISTRY OF JUSTICE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 1311/QD-BTP
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Hanoi, April 22, 2025
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DECISION
PROMULGATING THE PRICE BRACKET OF SERVICES OF AUCTIONING PROPERTY
SUBJECT TO SALE VIA AUCTIONS AS PRESCRIBED BY LAWS
MINISTRY OF JUSTICE
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 the Law on
Prices No. 16/2023/QH15 dated June 19, 2023;
Pursuant to Decree No.
39/2025/ND-CP dated February 26, 2025 of the Government on functions, tasks,
powers, and organizational structure of the Ministry of Justice;
At the proposal of the
Director of the Department Of Judicial Assistance and the Director of the
Department of Planning and Finance,
HEREBY DECIDES:
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Article
2. Regulated entities
1. Property owners as
defined in clause 5, Article 5 of the Law on Property Auction when auctioning
property subject to sale via auctions as prescribed by laws in accordance with
clause 1, Article 4 of the Law on Property Auction amended by clause 2, Article
1 of the Law on Amendments to the Law on Property Auction, except for cases
where the property is auctioned by a Property Auction Council established by a
competent authority.
2. Property auction practicing
organizations as defined in clause 12, Article 5 of the Law on Property
Auction.
3. Other organizations
and individuals related to cases of auctioning property subject to sale via
auctions as prescribed by laws in accordance with clause 1, Article 4 of the
Law on Property Auction amended by clause 2, Article 1 of the Law on Amendments
to the Law on Property Auction.
Article
3. Property auction service charges
1. Property auction
service charges are calculated per auction by the starting price of the
property in case of a successful auction and specified as follows:
a) The minimum auction
service charge shall be VND 1.000.000/auction (One million Vietnamese dong per
auction);
b) The maximum auction
service charge corresponding to each range of property value by the starting
price is specified in clauses 2 and 3 of this Article, but it does not exceed
VND 400.000.000/auction (Four hundred million Vietnamese dong per auction).
2. The maximum auction
service charge corresponding to each range of property value by the starting
price is specified in clause 1 Article 4 of the Law on Property Auction amended
by clause 2, Article 1 of the Law on Amendments to the Law on Property Auction,
except for property specified in clause 3 of this Article.
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Property value (the starting price at auction)
Maximum auction service charge
1
Under VND 50 million
8% of the sold property value
2
From VND 50 million to VND 100 million
VND 3,64 million + 7%
of the difference between hammer price and starting price
3
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VND 6,82 million + 6%
of the difference between hammer price and starting price
4
Over VND 500 million to VND 1 billion
VND 14,18 million + 5%
of the difference between hammer price and starting price
5
Over VND 1 billion to VND 5 billion
VND 22,64 million + 4%
of the difference between hammer price and starting price
6
Over VND 5 billion to VND 10 billion
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7
Over VND 10 billion to VND 20 billion
VND 38,41 million + 3%
of the difference between hammer price and starting price
8
Over VND 20 billion to VND 50 billion
VND 40,91 million + 3%
of the difference between hammer price and starting price
9
Over VND 50 billion to VND 100 billion
VND 50,00 million + 2%
of the difference between hammer price and starting price
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Over VND 100 billion to VND 300 billion
VND 55,00 million + 2%
of the difference between hammer price and starting price
11
Over VND 300 billion
VND 65,00 million + 1%
of the difference between hammer price and starting price
Note: The maximum auction service charge corresponding to each
range of property value by the starting price or total starting price shall not
exceed VND 400.000.000/auction.
In case an auction
involves multiple properties and a part of those is unsuccessfully auctioned,
the percentages of successful bid and unsuccessful bid shall be determined by
the starting price to calculate the auction service charge in accordance with
clause 2 of this Article.
For example: Department X
is assigned to put up 02 used automobiles for auction with starting prices of
VND 80 million and 120 million respectively, the percentages (%) by starting
prices of two automobiles are 40% and 60% respectively, total value by starting
prices is VND 200 million. According to clause 2 of this Article, the maximum
auction service charge the auction practicing organization may receive is VND
6,82 million + 6% of the difference between hammer price and starting price.
The Department X publicly
announces the selection of an auction practicing organization. Finally, the
auction practicing organization A is selected with a registered charge of VND 6
million + 6% of the difference between hammer price and starting price. The
above-mentioned registered charge shall serve the basis for making payment of
the auction service charge to the auction practicing organization A. Then,
Department X and the auction practicing organization A enter into an auction service
contract.
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- Vice versa, within 20
days from the end of the auction, the auction practicing organization A shall
receive only auction costs as prescribed in clause 2, Article 66 of the Law on
Property Auction under the concluded contract.
- If only the automobile
whose starting price is VND 80 million is successfully auctioned, within 20
days from the end of the auction, the auction practicing organization A shall
receive:
+ Auction service charge
for the successfully auctioned automobile: VND 6 million x 40% + 6% of the
difference between hammer price and starting price.
+ Auction costs as
prescribed in clause 2, Article 66 of the Law on Property Auction under the
concluded contract.
3. The maximum auction
service charge corresponding to each range of value of land use rights
(hereinafter referred to as "LUR value") by the starting price is
specified in clause 1 Article 4 of the Law on Property Auction amended by
clause 2, Article 1 of the Law on Amendments to the Law on Property Auction,
except for property specified in clause 3 of this Article.
No.
LUR value (the starting price at auction)
Maximum auction service charge
1
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VND 13,64 million + 1% of
the difference between hammer price and starting price
2
Over VND 1 billion to
VND 5 billion
VND 22,73 million + 1%
of the difference between hammer price and starting price
3
Over VND 5 billion to
VND 10 billion
VND 31,82 million + 1%
of the difference between hammer price and starting price
4
Over VND 10 billion to
VND 50 billion
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5
Over VND 50 billion to
VND 100 billion
VND 50,00 million + 1%
of the difference between hammer price and starting price
6
Over VND 100 billion
VND 59,09 million + 1%
of the difference between hammer price and starting price
Note: The maximum auction service charge corresponding to each range
of property value by the starting price or total starting price shall not
exceed VND 400.000.000/auction.
In case an auction
involves multiple land parcels and a part of those is unsuccessfully auctioned,
the percentages of successful bid and unsuccessful bid shall be determined by
the starting price to calculate the auction service charge in accordance with
clause 3, Article 3 of this Decision.
For example: Land
development organization A is assigned to put up 02 land parcels for auction
with a starting price of VND 60 billion per parcel, the percentage (%) by the
starting price of each parcel is 50%. Total value by starting prices is VND 200
million. According to clause 3, Article 3 of this Decision, the maximum auction
service charge is VND 59,09 million + 1% of the difference between hammer price
and starting price.
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- If both parcels are
successfully auctioned, within 20 days from the end of the auction, the auction
practicing organization B shall receive VND 55 million + 1% of the difference
between hammer price and starting price and auction costs as prescribed in
clause 2, Article 66 of the Law on Property Auction under the concluded
contract.
- Vice versa, within 20
days from the end of the auction, the auction practicing organization B shall
receive only auction costs as prescribed in clause 2, Article 66 of the Law on
Property Auction under the concluded contract.
- If only the parcel is
successfully auctioned, within 20 days from the end of the auction, the auction
practicing organization B shall receive:
+ Auction service charge
for the successfully auctioned parcel: VND 55 million x 50% + 1% of the
difference between hammer price and starting price.
+ Auction costs as
prescribed in clause 2, Article 66 of the Law on Property Auction under the
concluded contract.
Article
4. Entry into force and implementation organization
1. This Decision comes
into force from the date on which it is signed.
2. The Chief of the
Ministry Office, Heads of units under the Ministry of Justice, and relevant
organizations and individuals shall implement this Decision./.
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PP. MINISTER
DEPUTY MINISTER
Mai Luong Khoi