Thông tư 02/2022/TT-BTP của Bộ Tư pháp về việc hướng dẫn lựa chọn tổ chức đấu giá tài sản

CIRCULAR

ON GUIDELINES FOR SELECTION OF PROPERTY AUCTION ORGANIZATIONS

Pursuant to the Law on Property Auction dated November 17, 2016;

Pursuant to Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the request of the Director of the Department of Judicial Assistance;

The Minister of Justice promulgates a Circular on guidelines for selection of property auction organizations.

Article 1. Scope and regulated entities

1. This Circular guides the selection of property auction organizations according to Article 56 of the Law on Property Auction.

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3. This Circular does not apply to the case of selection of property auction organizations through bidding as prescribed by law. In case a property auction organization is selected through bidding, Article 56 of the Law on Property Auction and the law on bidding shall prevail.

Article 2. Principles of selection of property auction organizations

1. Comply with the provisions of law, ensuring that the criteria specified in Article 56 of the Law on Property Auction, Article 3 and Appendix I issued together with this Circular.

2. Ensure accuracy, independence, honesty, publicity, transparency, fairness and objectivity.

3. The property auction organization is solely responsible for the completeness and accuracy of the information in the application for registration to participate in the selection and must bear adverse consequences due to incomplete or inaccurate declaration of information specified in Articles 5 and 6 of this Circular.

Article 3. Contents of criteria for selection of property auction organizations

1. Criteria on necessary facilities and equipment to secure the auction for given types of auctioned property.

2. Criteria on feasible and effective auction plans.

3. Criteria on capacity, experience and reputation of the property auction organization.

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5. Being named in the list of property auction organizations announced by the Ministry of Justice.

6. Other criteria relevant to the auctioned property decided by the person having the auctioned property.

Article 4. Public announcement of criteria for selection of property auction organizations

1. After a competent person's decision on the property auction is issued, the person having the auctioned property shall make a public announcement on his or her website and the national web portal of property auction regarding the selection of property auction organizations with all the criteria specified in Article 3 and Appendix I issued together with this Circular.

2. The person having the auctioned property shall publicly announce the selection of the property auction organization within at least 03 working days before the decision on selection is issued, unless otherwise provided for by law.

Article 5. Evaluation and scoring according to criteria for selection of property auction organizations

1. The person having the auctioned property shall self-evaluate or set up an evaluation team or choose another form to evaluate the criteria for selecting a property auction organization and take responsibility for this evaluation.

2. The person having the auctioned property shall, based on the information in the application for registration to participate in the selection of the property auction organization, score it according to all the criteria specified in Appendix I issued with this Circular and handle situations as prescribed in Clauses 4, 5, 6, and 7 of this Article.

3. The selected property auction organization is the one with the highest total score of all criteria combined. In case there are at least two property auction organizations with the same highest total score, the person having the auctioned property shall consider and decide to choose one of those organizations.

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5. Within 12 months from the date of application submission, if the property auction organization falls under one of the following cases, the following actions shall be taken:

a) If an auctioneer of the property auction organization is administratively sanctioned for violating regulations on property auction activities, for each sanctioned auctioneer, such property auction organization shall incur a deduction of 5% total score;

b) If the property auction organization is administratively sanctioned for its violation of regulations on property auction activities, except for the sanctioned acts specified at Point c of this Clause. For each act of administrative violations, the property auction organization shall incur a deduction of 5% of the total score;

c) If the property auction organization fails to make a public announcement of the property auction on the national web portal on property auction as announced by a competent authority, the property auction organization shall incur a deduction of 20% of the total score;

d) If an auctioneer of the property auction organization is convicted by a legally effective judgment for a crime of violating regulations on property auction activities that do not fall into the case specified in Clause 4 of this Article, the property auction organization shall incur a deduction of 20% of the total score.

6. Within 12 months from the date of application submission, if the property auction organization has its application refused as specified in Clause 7 of this Article or has its selection results annulled as specified in Clause 2, Article 6 of this Circular, the property auction organization shall incur a deduction of 70% of the total score.

7. In case there is a basis to determine that the property auction organization intentionally provides incorrect information or falsifies information about the criteria in the application, the person having the auctioned property shall refuse to consider and evaluate the application of such property auction organization.

8. By the end of the date of submission of the application for registration to participate in the selection, if only one property auction organization registers, the person having auctioned property shall consider and decide to select such organization if it satisfies the provisions of the Law on Property auction, this Circular and relevant laws.

Article 6. Notification and cancellation of property auction organization selection results

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2. After having the result of selection of the property auction organization specified in Clause 1 of this Article, if the person having the auctioned property receives information from a competent agency or organization or obtains verification results confirming that the selected organization intentionally provided incorrect information or falsified information about the criteria in the application for registration to participate in the selection, the following actions shall be taken:

a) If the property auction service contract has not been signed, the person having the auctioned property shall cancel the result of selecting such property auction organization;

b) In case the property auction service contract has been signed and the property auction organization has not yet received the bidder’s application for participation in the auction, the person having the auctioned property shall cancel the result of selection of the property auction organization, and also unilaterally terminate the performance of the property auction service contract with the property auction organization;

c) In case a property auction service contract has been signed and the property auction organization has received the bidders application for participation in the auction, the person having the auctioned property shall consider and decide to cancel the results of selection of property auction organizations and terminate the property auction service contract if the property auction service contract has an agreement on this issue or requests the Court to declare the property auction service contract null and void according to law.

3. Within 03 working days from the date on which the result of selection of the property auction organization is annulled according to Points a and b, Clause 2 of this Article, the person having the auctioned property shall, based on the result of the evaluation as specified in Clause 1 of this Article, select the property auction organization with the adjacent highest total score to hold the auction; in case the property auction service contract is terminated or declared null and void by the Court as prescribed at Point c, Clause 2 of this Article, the person having the auctioned property shall re-organize the selection of the property auction organization.

4. The person having the auctioned property shall send the information on the cancellation of the selection results specified in Clause 2 of this Article and the violating property auction organization specified in Clause 7 Article 5 and Clause 2 of this Article to the Ministry of Justice, the Department of Justice of the province or centrally affiliated city where the person having the auctioned property and the property auction organization is headquartered, and also post it publicly on their website (if any) and the national web portal on property auctions.

Article 7. Cases where the person having the auctioned property refuses to evaluate the property auction organization's application for registration to participate in the selection

Pursuant to the property auction principles specified in Clause 2, Article 6 of the Law on Property Auction; the principles of selection of property auction organizations specified in Clause 2, Article 2 of this Circular, the person having an auctioned property refuses to evaluate the property auction organization's application for registration to participate in the selection in the following cases:

1. The property owner, the person authorized by the property owner to auction the property, the person having the right to put the property up for auction as agreed or prescribed by law, the person signing the auction service contract is wife, husband, biological father, biological mother, adoptive father, adoptive mother, father-in-law, mother-in-law, biological child, adopted child, son-in-law, daughter-in-law, biological brother, biological sister, brother-in-law, sister-in-law of the head of the property auction service center, legal representative, chairman of the Members' Council, member of the Members' Council, member general partner of the property auction enterprise.

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3. Other cases as prescribed by law.

Article 8. Responsibilities of the person having the auctioned property, the governing body of the person having the auctioned property

1. Responsibilities of the person having auctioned property:

a) Publicly announce the selection, evaluation and scoring of selection criteria and take responsibility for the results of selection of property auction organizations;

b) Review and verify information reflecting that the property auction organization intentionally provides incorrect information or falsifies information on criteria in the application for registration to participate in the selection;

c) Report to the competent authority on the selection and results of the selection of the property auction organization together with the verification results in case the property auction organization intentionally provides inaccurate or falsify information about the criteria in the application for participation in the selection;

d) Other responsibilities as prescribed by the Law on Property Auction, this Circular and relevant regulations of law.

2. Responsibilities of the governing body of the person having auctioned property:

a) Request the person having the auctioned property under their management to report the results of verification, cancel the result of selection of the property auction organization, unilaterally terminate or terminate the property auction service contract or request the Court to declare the property auction service contract null and void in case the property auction organization intentionally provides inaccurate information or falsifies information about the criteria in the application for registration to participate in the selection;

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c) Other responsibilities as prescribed by the Law on Property Auction, this Circular and relevant laws.

Article 9. Duties and powers of the Department of Judicial Assistance, relevant units under the Ministry of Justice and Departments of Justice of provinces and centrally affiliated cities

1. The Department of Judicial Assistance is a unit that advises and assists the Minister of Justice in state management and implementation of property auction law and has the following duties and powers:

a) Guide and answer inquiries related to the implementation of this Circular;

b) Inspect, inspect and handle violations of the selection of property auction organizations according to their competence;

c) Publish on the national web portal on property auction details about property auction organizations that fail to publicly announce the property auction as prescribed in Article 57 of the Law on Property Auction;

d) Other duties and powers as prescribed by the Law on Property Auction, this Circular and relevant regulations of law.

2. Inspectors of the Ministry and relevant units under the Ministry of Justice shall perform their tasks and exercise their powers related to the selection of property auction organizations; coordinate with the Department of Judicial Assistance in performing the tasks and powers specified in Clause 1 of this Article.

3. Departments of Justice of provinces and centrally affiliated cities have the following tasks and powers:

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b) Assist the People's Committees of the provinces and centrally-affiliated cities in inspecting, and handling violations in the selection of the property auction organization of the person having the auctioned property according to its competence;

c) Publish on the website of the Department of Justice and send to the Ministry of Justice details about the property auction organization that fails to make a public announcement of the property auction as prescribed in Article 57 of the Law on Property Auction;

d) Other duties and powers as prescribed by the Law on Property Auction, this Circular and relevant regulations of law.

Article 10. Entry in force

This Circular comes into force as of March 25, 2022./.

PP.MINISTERDEPUTY MINISTERPhan Chi Hieu

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