Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from July 01, 2017 is amended by:
Government’s Decree No. 47/2023/ND-CP dated July 03, 2023 on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Property Auction dated November 17, 2016;
At request of the Minister of Justice;
The Government promulgates a Decree on guidelines for Law on Property Auction 1.
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GENERAL PROVISIONS
Article 1. Scope
This Decree provides guidelines for the Law on Property Auction in terms of issuance and revocation of auctioneer cards; online auctions; and registration of 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 governed this Decree.
Chapter II
ISSUANCE AND REVOCATION OF AUCTIONEER CARDS; REGISTRATION OF OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION
SECTION 1. ISSUANCE AND REVOCATION OF AUCTIONEER CARDS
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1. A property auction organization or bad debt management organization shall submit an application for issuance of auctioneer cards held by its auctioneers in person, by post, or in any form deemed appropriate to the Department of Justice of province where it is headquartered. An application includes:
- An application form for issuance of auctioneer cards;
- Certified true copies or copies of auction licenses enclosed with original copies;
- 1 color photo size 2cm x 3cm [taken no longer than 06 months from the date of submission of photo]
2. Within 05 working days from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the provincial Department 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 provincial Department 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 its validity 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
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- An application form for re-issuance of auctioneer cards;
- 1 color photo size 2cm x 3cm [taken no longer than 06 months from the date of submission of photo]
2. Within 03 working days from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the provincial Department of Justice shall re-issue auctioneer cards; if the application is rejected, it shall provide explanation in writing.
Article 5. Procedures for revocation of auctioneer cards
Within 03 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 provincial Department of Justice which has 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 shall be posted on the website of the provincial Department of Justice.
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 OF OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION
Article 6. Registration of operation applied to auction houses established before the effective date of the Law on Property Auction and 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 in person, by post, or in any form deemed appropriate to the Department of Justice of 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.
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3. The newly-established auction house which is issued with a certificate of registration by the provincial Department of Justice shall publish contents of the certificate as prescribed in Article 28 of the Law on Property Auction. The aforesaid provincial Department of Justice shall publish contents of certificate of registration as prescribed in Article 27 of the Law on Property Auction.
Article 7. Registration of operation applied to auction houses established before the effective date of the Law on Property Auction and keeping operating property auction line of business and conducting other lines of business
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 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 registration certificate by the provincial Department 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 the provincial Department of Justice shall publish contents of the certificate as prescribed in Article 28 of the Law on Property Auction. The aforesaid provincial Department of Justice shall publish contents 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
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2. Protecting user names of and information about bidders and other information as prescribed by law.
3. Ensuring objectiveness, transparency, safety and network security.
4. Protecting legitimate rights and interests of sellers, bidders, and relevant individuals and organizations.
Article 9. Conducting online auctions 2
1. If an online auction is conducted, the property auction organization, property auction council, or bad debt management organization shall conduct procedures for property auction as prescribed in Chapter III and Chapter IV of the Law on Property Auction, Chapter III of Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 and this Decree.
2. The property auction organization, property auction council, or bad debt management organization may hire or use its online auction website so as to conduct an online auction. Online auction websites established and operated under regulations of law on information and communications and law on electronic commerce include national online auction website, bad debt management organization’s website and property auction organization’s website.
3. The bad debt management organization shall use its online auction website to conduct an online auction of property that is bad debt or collateral for such bad debt according to law regulations.
4. Expenses on participation in online auction website and/or rental of a property auction organization that has the online auction website for the purpose of organization of an online auction shall be included in property auction expenses specified in Clause 2 Article 66 of the Law on Property Auction.
5. The Ministry of Justice shall take charge and cooperate with the Ministry of Finance, relevant ministries and central authorities in issuing regulations on expenses on use of the national online auction website of the national property auction portal.
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1. The property auction organization, property auction council, or bad debt management organization shall post the Regulation on auction and publicly announce auction, a list of property, documents and images related to property [if any] attached to this Regulation on the online auction website.
2. Each bidder may check the auctioned property in online or offline form according to Regulation of the auction; and apply for participation in auction on the online auction website. When the bidder purchases an application for property auction, he/she shall be issued with an account via his/her registered email.
The bidder shall use his/her account to receive instructions about methods of submitting application for participation in online auction, advance payment by online payment methods, methods of participating in auction and making bids and other necessary information on the online auction website.
3. The bidder may use his/her account to participate in the auction according to the Regulation of the auction when submitting the satisfactory application and making an advance payment.
If a person eligible to participate in auction does not log in his/her account that has been issued to make bid within the duration specified in the Regulation, he/she will be deemed not to participate in the auction according to Point a, Clause 6 Article 39 of the Law on Property Auction, except as any force majeure event
The property auction organization shall reach an agreement with the seller on the duration for making bid and this duration shall be at least 15 minutes.
4. The property auction organization, property auction council, or bad debt management organization shall appoint its members to administrate the auction on the online auction website At the closing of the auction, the successful bidder shall be determined as follows:
- In case of ascending price auction, the successful bidder is the person who makes the highest bid recorded by the online auction system;
- 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.
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5. As soon as practicable after publishing the list of successful bidders on the online auction website, the results of online auction shall be published on the online auction website and sent to emails of bidders who have registered with the property auction organization, property auction council, or bad debt management organization.
Article 11. Notification of online auction results
1. The property auction organization, property auction council, or bad debt management organization shall notify the successful bidder of online auction results as soon as practicable after obtaining the results.
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 the auction report shall be attached.
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 Chairperson of Council apart from the aforementioned information
The auction report shall be sent to the successful bidder for signature. In case of use of digital signature in the auction report, law on e-commerce transactions shall apply.
Article 13. Requirements for online auction website 4
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2. The time on the online auction website is real time. It is also the standard time in online auction.
3. The website shall operate stably and continuously, and reach level 3 according to law regulations on assurance about information system security according to each level.
4. Requirements for data connection, integration and sharing through the national data sharing and integration platform; technical infrastructure requirements and information technology standards shall be satisfied.
5. The online auction website shall have at least functions below:
- The website shall enable each organization/individual to register an account to participate in the auction. Each individual or organization may only register an account to participate in the auction and make bid.
- Information about bidders, accounts, making bid and bid placed shall be kept confidential by separate identification code.
- Bid placed by the bidder shall be displayed publicly and truthfully; it is possible to record information and extract history of transactions, bid placed at each auction, withdrawal of bid placed and other necessary information during the auction process on the website.
- The highest bid placed in respect to ascending price auction and the starting price or decreased price in respect to descending price auction shall be displayed continuously during the operation of the auction so that the bidder can conduct inspection; the list of eligible bidders who do not participate in the auction shall be also displayed.
dd] It is ensured that the bidder cannot submit application for participation in the auction after the deadline for application submission; and make bid after the closing of the auction.
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1. The property auction organization or bad debt management organization shall submit a project for development of its online auction website to the Ministry of Justice. The project shall contain contents specified in Clause 3 Article 1 of this Decree.
2. The Minister of Justice shall establish an assessment council to assess if requirements for online auction website are satisfied and issue regulations on council’s operation; the council is composed of a representative who acts as Chairperson, 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:
- Infrastructure, facilities and technicians operating the online auction website of the property auction organization;
- Requirements specified in Clause 3 Article 1 of this Decree.
Article 15. Approval for online auction website and termination of online auction 6
1. Within 90 days from the date of receipt of the project for development of online auction website from the property auction organization or bad debt management organization, the Minister of Justice shall consider approving their website.
2. The list of property auction organizations having online auction websites shall be posted on the property auction website.
3. On an annual basis or in unexpected cases, the Ministry of Justice or the provincial Departments of Justice shall inspect the management and operation of the approved online auction website of the property auction organization or bad debt management organization. In case the online auction website does not meet requirements specified in Clause 3, Article 1 of this Decree, the property auction organization having this online auction website or the bad debt management organization shall be responsible for upgrading the online auction system within 90 days from the date on which the request is granted.
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Article 16. Responsibilities of the Ministry of Justice, property auction organization and bad debt management organization for development, management and operation of online auction website 7
1. Ministry of Justice:
- Preside over development and promulgation of the project for development of the national property auction portal that has the function of posting notification of selection of property auction organizations, auctions and online auctions;
- Manage, operate and provide guidance on use of the national online auction website under the national property auction portal; maintain and upgrade the online auction system in order to ensure that requirements specified in Clause 3, Article 1 of this Decree are satisfied;
- Provide guidance for sellers, property auction organizations and bidders so that they conduct online auctions, make registration and post information on the national online auction website;
- Keep information confidential during the operation of the national online auction website when the online auction is conducted according to regulations;
dd] Store information so as to serve search, monitoring, supervision, inspection and audit;
- Publicly announce requirements for information technology infrastructure applicable to users when they participate in the national online auction website;
- Perform other tasks of property auction assigned by the Government and the Prime Minister.
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- Build, manage and operate their online auction websites; be responsible for online auction results provided;
- Keep information about bidders and their accounts confidential unless otherwise prescribed by law;
- Compensate for damage caused by their faults during the operation of their online auction websites according to law regulations;
- Issue, provide guidance and publish, on their online auction websites, methods of registering accounts, using an accounts, making bids, and conducting auctions, opening time and closing time, bid increments and online auction results on the online auction system;
dd] Maintain and upgrade the online auction system to ensure that it meets requirements specified in Clause 3, Article 1 of this Decree.
Article 16. Responsibilities of property auction organizations, property auction councils, bad debt management organizations for use of online auction websites 8
1. Equip information technology infrastructure to meet requirements for organization of online auctions.
2. Manage and keep information about bidders, accounts and passwords issued confidential, unless otherwise prescribed by law. In case their accounts are lost or they detect that their accounts are being illegally used, they shall immediately notify agencies or organizations operating online auction websites.
3. Be responsible before the law for the accuracy and truthfulness of information registered and posted on online auction websites when logging in with their accounts; online auction results provided.
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5. Comply with Law on Property Auction and other regulations of relevant laws.
Article 16b. Responsibilities of bidders participating in online auction websites 9
1. Ensure equipment when participating in auctions; assume their responsibilities in case their network systems have problems that prevent participating online auctions or making bids on online auction websites.
2. Manage and keep their accounts and passwords issued confidential. If these accounts and passwords are lost or they detect that their accounts are being illegally used, they shall immediately notify the property auction organization, the property auction council or the bad debt management organization.
3. Be responsible before the law for the accuracy and truthfulness of information registered and posted on online auction websites when logging in with their accounts.
4. Comply with Law on Property Auction and other regulations of relevant laws and the Regulations of auctions.
Chapter IV
IMPLEMENTATION PROVISIONS 10
Article 17. 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 01 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 01 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 provincial Department 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 provincial Department of Justice as prescribed in this Decree.
5. While waiting for the property auction 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 01 year from the effective date of the Law on Property Auction, the provincial Department of Justice shall request the Chairperson 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 into force
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Article 19. Implementation responsibilities
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree.
CERTIFIED BY
PP. MINISTER DEPUTY MINISTER
Mai Luong Kho
1 Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction is promulgated pursuant to:
“The Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;
The Law on Property Auction dated November 17, 2016;
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The Government promulgates Decree on amendments to some Articles of Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction.”
2 This Article is amended by Clause 1 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
3 This Article is amended by Clause 2 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
4 This Article is amended by Clause 3 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
5 This Article is amended by Clause 4 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
6 This Article is amended by Clause 5 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
7 This Article is amended by Clause 6 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
8 This Article is added by Point a Clause 7 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
9 This Article is added by Point b Clause 7 Article 1 of Government’s Decree No. 47/2023/ND-CP on amendments to some Articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction, which comes into force from September 01, 2023.
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“Article 2. Transitional provisions
1. If the property auction organization has submitted a valid project for online auction according to regulations of Government’s Decree No. 62/2017/ND-CP dated May 16, 2017 on guidelines for Law on Property Auction before the effective date of this Decree, the provincial Department of Justice will continue to assess requirements and accredit online auction according to regulations of Government's Decree No. 62/2017/ND-CP dated May 16, 2017.
2. Within 02 years from the effective date of this Decree, the property auction organization that receives approval for its online auction website according to Decree No. 62/2017/ND-CP dated May 16, 2017 shall maintain, repair and upgrade the online auction system to meet requirements specified in Clause 3, Article 1 of the Decree and report the results to the Ministry of Justice and provincial Department of Justice that have granted approval.
Article 3. Implementation
1. This Decree comes into force from September 01, 2023.
2. The Minister of Justice is responsible for direct, provide guidance and inspect the implementation of this Decree.
3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s Committees at all levels and relevant authorities, organizations, and individuals shall be responsible for the implementation of this Decree./.”