What is the administrative penalty for erasing and falsifying contents of documents in the application for re-grant of auction practice certificates in Vietnam?
- What are the regulations on re-grant of auction practice certificates in Vietnam?
- What is the administrative penalty for erasing and falsifying contents of documents issued by competent persons in the application for re-grant of the auction practice certificate?
- In which case does the holder of an auction practice certificate have his auction practice certificate revoked?
What are the regulations on re-grant of auction practice certificates in Vietnam?
According to Article 17 of the 2016 Law on Property Auction of Vietnam on re-grant of auction practice certificates as follows:
Re-grant of auction practice certificates
1. A person whose auction practice certificate is revoked under Point a, Clause 1, Article 16 of this Law may be considered for re-grant of such certificate when fully satisfying the criteria prescribed in Article 10 of this Law and the reason for certificate revocation no longer exists.
2. A person whose auction practice certificate is revoked under Point b, Clause 1, Article 16 of this Law may be considered for re-grant of such certificate one year after his/her certificate is revoked.
3. A person whose auction practice certificate is revoked under Point d, Clause 1, Article 16 of this Law may be considered for re-grant of such certificate when he/she so requests.
4. If an auction practice certificate is lost or irreparably damaged, its holder may be considered for re-grant of such certificate.
5. A person whose auction practice certificate is revoked may not be re-granted such certificate in the following cases:
a/ His/her auction practice certificate is revoked under Point c, Clause 1, Article 16 of this Law;
b/ He/she is convicted of the crime of swindling for appropriating property or corruption, even when his/her criminal records have been remitted.
6. A person whose auction practice certificate is revoked under Clause 1 of this Article shall send a dossier of request for re-grant of such certificate to the Ministry of Justice and pay a charge prescribed by law. Such a dossier must comprise:
a/ A written request for re-grant of the auction practice certificate;
b/ Documents proving that the reason for revocation of the auction practice certificate no longer exists;
c/ A color photo sized 3 cm x 4 cm.
7. A person whose auction practice certificate is revoked under Clause 2 or 3 of this Article or falls into the case specified in Clause 4 of this Article shall send a dossier of request for re- grant of such certificate to the Ministry of Justice and pay a charge in accordance with law. Such a dossier must comprise the documents specified at Points a and c, Clause 6 of this Article.
8. Within 10 working days after receiving a complete and valid dossier, the Minister of Justice shall decide to re-grant an auction practice certificate. In case of refusal to re-grant such certificate, he/she shall notify in writing the reason. A person whose request for re-grant of an auction practice certificate is rejected may file a complaint or initiate a lawsuit in accordance with law.
Thus, the above are all regulations on re-grant of auction practice certificates.
What is the administrative penalty for erasing and falsifying contents of documents in the application for re-grant of auction practice certificates in Vietnam? (Image from the Internet)
What is the administrative penalty for erasing and falsifying contents of documents issued by competent persons in the application for re-grant of the auction practice certificate?
Article 21 of Decree No. 82/2020/ND-CP stipulates as follows:
Violations against regulations on application for grant or re-grant of auction practice certificates; requesting for registration of operation of the property auction enterprise or branch of the property auction enterprise; changing the contents of operation registration, re-granting the operation registration certificate of the property auction enterprise; granting, re-granting auctioneer card
1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Erasing, correcting, falsifying contents of papers and documents issued by competent agencies, organizations or persons in the application for grant or re-grant of auction practice certificates or auctioneer cards;
b) Erasing, correcting, falsifying contents of papers and documents issued by competent agencies, organizations or persons in the application for operation registration of the enterprise or branch of the property auction enterprise property;
c) Making dishonest statements in the application for grant or re-grant of auction practice certificates or auctioneer cards;
d) Making dishonest statements in the application for registration of operation of an enterprise or a branch of a property auction enterprise; change the contents of operation registration, re-issue the operation registration certificate of the property auction enterprise.
2. Additional sanctioning forms:
Confiscate material evidences which are papers and documents that have been erased or altered to falsify their contents, for violations specified at Points a and b, Clause 1 of this Article.
3. Remedial measures:
a) Proposing competent agencies, organizations or persons to consider and handle the issued papers and documents due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified at Points a and b, Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clause 1 of this Article.
Thus, according to regulations, acts of erasing and falsifying the contents of papers issued by competent persons in the application for regrant of the auction practice certificate can be fined up to VND 7,000,000. In addition, the person who erases and falsifies the document's content will be confiscated the erased paper that falsifies the content and must take remedial measures as follows:
- Proposing competent agencies, organizations and persons to consider and handle papers and documents issued due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified at Points a and b, Clause 1 of this Article;
- Forcible return of illegal profits obtained from committing violations specified in Clause 1 of this Article.
The above fine is imposed on individuals, and the fine imposed on organizations will be twice as much as that imposed on individuals.
In which case does the holder of an auction practice certificate have his auction practice certificate revoked?
According to Clause 1, Article 16 of the 2016 Law on Property Auction of Vietnam, the holder of an auction practice certificate will have such certificate revoked in the following cases:
- One of the cases specified in Article 15 of this Law;
- He/she has failed to practice auction under Clause 1, Article 18 of this Law for 2 years after being granted the certificate, except where his/her failure is caused by a force majeure event;
- He/she is administratively sanctioned in accordance with the law on handling of administrative violations for the act prescribed at Point b or c, Clause 1, Article 9 of this Law;
- He/she is willing to quit practicing;
- He/she is declared missing or dead.
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