Thông tư 02/2022/TT-BTP hướng dẫn lựa chọn tổ chức đấu giá tài sản

CIRCULAR

Guiding the selection of property auction organizations^[1]

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

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

At the proposal of the Director of the Judicial Support Department;

The Minister of Justice promulgates the Circular guiding the selection of property auction organizations.

Article 1. Scope of regulation and subjects of application

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

2. This Circular applies to property sellers, property auction organizations, and other agencies, organizations and individuals involved in property auction as specified in Clause 1, Article 4 of the Law on Property Auction.

3. This Circular does not apply to cases of selection of property auction organizations through bidding in accordance with law. Cases of selection of property auction organizations through bidding must comply with Article 56 of the Law on Property Auction and the bidding law.

Article 2. Principles of selection of property auction organizations

1. Compliance with law and satisfaction of the criteria specified in Article 56 of the Law on Property Auction, and Article 3 of and Appendix I to this Circular.

2. Assurance of accuracy, independence, truthfulness, publicity, transparency, fairness, and objectivity.

3. Property auction organizations shall take responsibility for adequacy and accuracy of information included in dossiers of registration for participation in the selection and bear adverse consequences of inadequate and inaccurate declaration of information specified in Articles 5 and 6 of this Circular.

Article 3. Criteria for selection of property auction organizations

1. Group of criteria on physical foundations and equipment necessary for the auction of different types of property put for auction.

2. Group of criteria on feasible and effective auction plans.

3. Group of criteria on capacity, experience and prestige of property auction organizations.

4. Group of criteria on appropriate auction service remuneration and property auction expenses.

5. Criterion for identifying whether or not an organization is on the list of property auction organizations announced by the Ministry of Justice.

6. Group of other criteria suitable to property put for auction as decided by property sellers.

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

1. After obtaining decisions of competent persons on property auction, property sellers shall publicly notify on their websites and the National Property Auction Portal the selection of property auction organizations that fully satisfy the criteria specified in Article 3 of and Appendix I to this Circular.

2. A property seller shall publicly notify the selection of a property auction organization at least 3 working days before deciding on the selection, unless otherwise provided by law.

Article 5. Evaluation and scoring based on criteria for selection of property auction organizations

1. Property sellers may carry out evaluation by themselves or form evaluation teams or choose other forms of evaluation of criteria for selection of property auction organizations and shall take responsibility for such evaluation.

2. Property sellers shall base themselves on information included in dossiers of registration for participation in the selection of property auction organizations to give scores based on all criteria specified in Appendix I to this Circular and deal with cases that are likely to happen as specified in Clauses 4, 5, 6 and 7 of this Article.

3. A selected property auction organization is an organization obtaining the highest total score for all criteria. In case two or more property auction organizations obtain the same highest total score, the property seller shall consider and decide to select one among them.

4. Within 12 months up to the date of dossier submission, if a property auction organization has its at-law representative or one of its auctioneers convicted with a legally effective judgment for a crime violating regulations on property auction for the reason that he/she commits an act on behalf or for interest of, or under direction, administration or approval by, such property auction organization, its total score shall be reduced by half.

5. Within 12 months up to the date of dossier submission, if a property auction organization falls into one of the following cases, the case shall be settled as follows:

a/ If its auctioneer(s) is(are) administratively sanctioned for violations of regulations on property auction, its total score shall be reduced by 5% for each sanctioned auctioneer;

b/ If it is administratively sanctioned for violations of regulations on property auction, except the violation specified at Point c of this Clause, its total score shall be reduced by 5% for each sanctioned violation;

c/ If it fails to publicly notify the property auction on the National Property Auction Portal as announced by the competent agency, its total score shall be reduced by 20%;

d/ If its auctioneer(s) is(are) convicted with a legally effective judgment(s) for a crime violating regulations on property auction not falling into the case specified in Clause 4 of this Article, its total score shall be reduced by 20%.

6. Within 12 months up to the date of dossier submission, if a property auction organization falls into a case subject to refusal of dossier consideration and evaluation specified in Clause 7 of this Article or has the selection results cancelled under Clause 2, Article 6 of this Circular, its total score shall be reduced by 70%.

7. If there is a ground to believe that a property auction organization has intentionally provided inaccurate information or has forged information on criteria in its dossier, the property seller may refuse to consider and evaluate the dossier of such organization.

8. By the end of the date of submission of dossiers of registration for participation in the selection of property auction organizations, if there is only one property auction organization making the registration, the property seller shall consider and decide to select such organization if it satisfies the conditions specified by the Law on Property Auction, this Circular and relevant regulations.

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

1. Within 3 working days after obtaining a property auction organization selection result, a property seller shall publicly notify such result on its/his/her website (if any) and the National Property Auction Portal. Notices of property auction organization selection results shall be made according to the form provided in Appendix II to this Circular.

2. After obtaining the property auction organization selection result specified in Clause 1 of this Article, if the property seller receives information from a competent agency or organization or obtains verification results confirming that the selected property auction organization has intentionally provided inaccurate information or has forged information on criteria in its dossier of registration for participation in the selection:

a/ If no property auction service contract has been signed, the property seller shall cancel the result of selection of such property auction organization;

b/ If the property auction service contract has been signed and the property auction organization has not yet received auction participation dossiers of auction participants, the property seller shall cancel the result of selection of such property auction organization and, at the same time, unilaterally terminate the performance of the property auction service contract for such property auction organization;

c/ If the property auction service contract has been signed and the property auction organization has received auction participation dossiers of auction participants, the property seller shall consider and decide to cancel the result of selection of such property auction organization and terminate the property auction service contract if such contract contains an agreement on this matter or request the court to rule the property auction service contract null and void in accordance with law.

3. Within 3 working days after the property auction organization selection result is cancelled under Point a or b, Clause 2 of this Article, the property seller shall base itself/himself/herself on the scoring result specified in Clause 1 of this Article to select the property auction organization with the second highest total score to organize the auction. In case the property auction service contract is terminated or ruled null and void by the court under Point c, Clause 2 of this Article, the property seller shall organize the selection of a property auction organization again.

4. A property seller shall send to the Ministry of Justice and provincial-level Department of Justice of the locality where it/he/she has property put for auction and the property auction organization is based the information on the cancellation of selection results specified in Clause 2 of this Article and information on the property auction organization that has intentionally provided inaccurate information or has forged information on criteria in the dossier of registration for participation in the selection under Clause 7, Article 5 and Clause 2 of this Article, and concurrently publicize such information on its/his/her website (if any) and the National Property Auction Portal.

Article 7. Cases in which property sellers refuse to evaluate dossiers of registration for participation in the selection of property auction organizations

Based on the property auction principles specified in Clause 2, Article 6 of the Law on Property Auction and the principles for selection of property auction organizations specified in Clause 2, Article 2 of this Circular, a property seller may refuse to evaluate a dossier of registration for participation in the selection of property auction organizations in the following cases:

1. The property owner, a person authorized by the property owner to put the property for auction, a person having the right to put the property for auction under an agreement or in accordance with law, or the person who has entered into the property auction service contract is the spouse or a blood parent, adoptive parent, parent-in-law, birth child, adopted child, child-in-law, sibling or sibling-in-law of the head of the property auction service center, at-law representative or chairperson or a member of the Members’ Council, or a general partner of the property auction enterprise.

2. The property owner, a person authorized by the property owner to put the property for auction, a person having the right to put the property for auction under an agreement or in accordance with law, or the person who has entered into the property auction service contract is an individual or organization that can control operation of such property auction organization by holding the ownership of or acquisitioning the contributed capital amount or by issuing decisions of such property auction organization.

3. Other cases as specified by law.

Article 8. Responsibilities of property sellers and agencies managing property sellers

1. Responsibilities of property sellers:

a/ To publicly notify the selection, evaluation, scoring of selection criteria, and take responsibility for results of the selection, of property auction organizations;

b/ To examine and verify reported information on the fact that property auction organizations have intentionally provided inaccurate information or have forged information on criteria in their dossiers of registration for participation in the selection;

c/ To report to competent agencies on the selection of property auction organizations and results thereof together with verification results in case such property auction organizations have intentionally provided inaccurate information or have forged information on criteria in their dossiers of registration for participation in the selection;

d/ Other responsibilities specified by the Law on Property Auction, this Circular and relevant regulations.

2. Responsibilities of agencies managing property sellers:

a/ To request property sellers under their management to report on verification results, cancel results of the selection of property auction organizations, unilaterally terminate or terminate property auction service contracts, or request the court to rule property auction service contracts null and void in case property auction organizations have intentionally provided in accurate information or have forged information on criteria in their dossiers of registration for participating in the selection;

b/ To take measures to handle individuals and organizations that commit violations in the evaluation and scoring for selection of property auction organizations according to their competence;

c/ Other responsibilities specified by the Law on Property Auction, this Circular and relevant regulations.

Article 9. Tasks and powers of the Judicial Support Department and related units of the Ministry of Justice, and provincial-level Departments of Justice

1. The Judicial Support Department is a unit advising and assisting the Minister of Justice in performing the state management and organizing the implementation of the law on property auction, and has the following tasks and powers:

a/ To guide and answer inquiries related to the implementation of this Circular;

b/ To examine, inspect, and handle violations in the selection of property auction organizations according to its competence;

c/ To publicize on the National Property Auction Portal the information on property auction organizations that fail to publicly notify the property auction under Article 57 of the Law on Property Auction;

d/ Other tasks and powers specified by the Law on Property Auction, this Circular and relevant regulations.

2. The Inspectorate and related units of the Ministry of Justice shall perform their respective tasks and powers related to the selection of property auction organizations; and coordinate with the Judicial Support Department in performing the tasks and powers specified in Clause 1 of this Article.

3. Provincial-level Departments of Justice have the following tasks and powers:

a/ To coordinate with one another in providing information on organization and operation of property auction organizations upon request of property sellers in the selection of property auction organizations;

b/ To assist provincial-level People’s Committees in examining, inspecting, and handling violations of property sellers in the selection of property auction organizations according to their competence;

c/ To publicize on their websites and send to the Ministry of Justice the information on property auction organizations that fail to publicly notify the property auction under Article 57 of the Law on Property Auction;

d/ Other tasks and powers as specified by the Law on Property Auction, this Circular and relevant regulations.

Article 10. Effect

This Circular takes effect on March 25, 2022.-

For the Minister of Justice
Deputy Minister
PHAN CHI HIEU

 * The appendices to this Circular are not translated.