(Chinhphu.vn) - The Government has just issued a new Decree on asset auction, replacing Decree 05/2005/ND-CP which has revealed a number of limitations that need to be removed after 4 years of implementation. This Decree is considered to have many new and more complete points and meet the needs of asset auction activities.
The Decree stipulates more clearly on the object of property subject to application of order and procedures for asset auction, including: Property for judgment enforcement; assets being material evidences and means of administrative violations shall be confiscated to the state fund; security assets are handled by auction; State property, property being land use right in case the State allocates land with collection of land use levy or leases land shall be auctioned under a decision of a competent state agency, and other assets must be sold at auction. auction in accordance with the law.
In addition, in cases where individuals or organizations choose to auction their assets through a professional asset auction organization, the order and procedures specified in this Decree shall also apply. .
Raise your standards to be an auctioneer
Decree 05/2005/ND-CP stipulates that the conditions for being granted an auctioneer card are relatively simple, not commensurate with the duties and responsibilities of the auctioneer (stipulates that holders of university degrees in any field) Anyone can become an auctioneer without training or retraining).
In order to improve the quality and professionalism of the auctioneer team, the new Decree stipulates stricter standards for becoming an auctioneer. Accordingly, an auctioneer must be a person who has graduated from a university in law or economics and has passed the auctioneer training course.
As the standards and conditions of practice for auctioneers are raised, their legal responsibilities are also increased. Specifically, auctioneers are entitled to use their rights to directly and promptly handle acts of collusion to lower prices or violate auction rules by auction participants.
Compared with Decree 05, the new Decree also adds regulations on the re-issuance and revocation of practicing certificates in order to more closely manage the activities of the auctioneer team.
Clearer regulations on asset auction organization
Implementing the policy of continuing to socialize the asset auction organization, the Decree defines more clearly professional asset auction organizations, including: asset auction service centers and businesses selling assets. property auction. Currently, nationwide, there are 63 asset auction service centers in 63 provinces and centrally run cities established by the Provincial People's Committee and 104 asset auction enterprises established under the provisions of law. enterprise law.
In addition to professional asset auction organizations, there are also 2 types of councils: District-level asset auction councils are established to sell assets which are confiscated exhibits and means of administrative violations. and the Property Auction Council, in special cases, is established to auction state assets, assets being land use rights of great value and complexity, or in cases where it is impossible to hire an auction organization. Professional price make the auction. With such clear regulations, it will contribute to overcoming the situation of setting up asset auction councils in the localities.
Increase the deposit amount
The Decree stipulates that asset auction participants must pay an auction participation fee and a deposit. According to the old regulations, the deposit amount agreed upon by the auction organization and the auctioneer of not more than 5% of the starting price is too low, in many cases the deposit is too small, leading to abandonment. Therefore, the Decree raises the deposit amount higher (minimum 1% and maximum not more than 15%) to overcome the situation that auction participants link together to lower the price or they are willing to lose. the deposit amount in case of refusal to buy property for the purpose of causing difficulties to persons with related rights and interests or for self-seeking purposes. At the same time, the ceiling level regulation with certain flexibility still ensures compliance with the reality of each locality.
Limit collusion in property auctions
Decree 05 stipulates that in cases where the auctioneer has announced the purchaser of the auctioned asset but this person refuses to buy, the property shall be sold to the adjacent bidder if the adjacent price is at least equal to starting price. If the adjacent person does not agree to buy or the adjacent price is lower than the starting price, the auction is unsuccessful and the deposit of the person who refuses to buy belongs to the person whose property is auctioned.
However, this provision has been taken advantage of in practice, there is a situation of deliberately paying a very high price, claiming that the person can buy the property and then refusing to buy it so that the adjacent person can buy the property and the two parties share the property. difference amount. In addition, the possibility of an unsuccessful auction is very high because the adjacent bidder may not agree to buy.
Therefore, the new Decree has been revised in the direction of providing stricter sanctions for those who refuse to buy and limiting collusion between some auction participants. Specifically, the person who refuses
