Guidance on Procedures for Reissuing Auctioneer Practice Certificates? What Do the Application Dossiers for Reissuing Auctioneer Practice Certificates Include?
What does the application for reissuance of the Auction Practice Certificate include?
Based on the regulations in Section 3 Part A of the administrative procedures issued together with Decision 1724/QD-BTP in 2020, the application for reissuance of the Auction Practice Certificate includes:
- The application for reissuance of the Auction Practice Certificate of the person whose certificate was revoked as stipulated in Clause 1 Article 17 of the Law on Property Auction 2016 comprises:
+ Application form for reissuance of the Auction Practice Certificate.
+ Documents proving that the reason for the revocation of the Auction Practice Certificate no longer exists;
+ 01 colored photo sized 3 cm x 4 cm.
- The application for reissuance of the Auction Practice Certificate of the person whose certificate was revoked as stipulated in Clauses 2, 3, and 4 of Article 17 of the Law on Property Auction 2016 comprises:
+ Application form for reissuance of the Auction Practice Certificate.
+ 01 colored photo sized 3 cm x 4 cm.
Guidance on procedures for reissuing the Auction Practice Certificate? What does the application for reissuance of the Auction Practice Certificate include?
How are the procedures for reissuing the Auction Practice Certificate conducted?
Based on the regulations in Section 3 Part A of the administrative procedures issued together with Decision 1724/QD-BTP in 2020, the procedures for reissuing the Auction Practice Certificate are conducted as follows:
- The person whose Auction Practice Certificate was revoked in one of the following cases:
+ Does not meet the standards stipulated in Article 10 of the Law on Property Auction 2016.
+ Is an officer, professional soldier, worker, or public employee in defense agencies or units under the People's Army; an officer, non-commissioned officer in charge of operations, officer, or non-commissioned officer in charge of technical specialties in agencies or units under the People's Public Security; officials and public employees, except in cases where officials and public employees are recommended for the Auction Practice Certificate to work for the Asset Auction Service Center.
+ Has lost or is restricted in civil act capacity; has difficulties in cognition or behavior control.
+ Is being prosecuted for criminal liability; has been sentenced and the judgment has become legally effective; has been convicted but not yet had their conviction expunged; has been convicted of fraud to appropriate property, or corruption crimes even if the conviction has been expunged.
+ Is being subject to administrative handling measures to compulsory detoxification centers, compulsory educational establishments as stipulated by the law on handling administrative violations.
May be considered for reissuing the Auction Practice Certificate when meeting the standards stipulated in Article 10 of the Law on Property Auction 2016 and the reason for the revocation of the Auction Practice Certificate no longer exists.
- The person whose Auction Practice Certificate was revoked for not practicing asset auction according to Clause 1 Article 18 of the Law on Property Auction 2016 within 2 years from the date of being granted the Auction Practice Certificate, except for force majeure cases;
May be considered for reissuing the Auction Practice Certificate after 1 year from the date of the revocation of the Auction Practice Certificate.
- The person whose Auction Practice Certificate was revoked upon their voluntary request may be considered for reissuing the Auction Practice Certificate when there is a request for granting the Auction Practice Certificate.
- The person who has been granted the Auction Practice Certificate but lost it or the certificate is damaged and cannot be used may be considered for reissuing the Auction Practice Certificate.
Method of Execution:
The person whose Auction Practice Certificate was revoked submits one set of application for reissuance of the Auction Practice Certificate to the Ministry of Justice.
Time Limit for Settlement:
Within 10 working days from the date of receiving a valid application, the Minister of Justice decides on the reissuance of the Auction Practice Certificate; in case of refusal, the reasons must be notified in writing.
Requirements and conditions for reissuing the Auction Practice Certificate:
Based on the regulations in Section 3 Part A of the administrative procedures issued together with Decision 1724/QD-BTP in 2020 stipulating the requirements and conditions for reissuance of the Auction Practice Certificate as follows:
The person whose Auction Practice Certificate was revoked will not be reissued the Auction Practice Certificate in the following cases:
- The Auction Practice Certificate was revoked in the case:
Was administratively sanctioned as stipulated by the law on handling administrative violations due to:
+ Abusing the auctioneer's title for personal gain;
+ Colluding, connecting with the asset owner, auction participants, appraisal organizations, asset inspection organizations, other individuals or organizations to falsify auction information, suppress prices, falsify auction records, or auction results.
- Was sentenced for a fraud to appropriate property crime, or corruption crimes even if the conviction has been expunged.
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