What is the time limit for granting auction practice certificates in Vietnam? What are the procedures for issuance of auctioneer cards in Vietnam according to regulations?
What is the time limit for granting auction practice certificates in Vietnam?
According to Article 14 of the 2016 Law on Property Auction in Vietnam, the grant of auction practice certificates is as follows:
Grant of auction practice certificates
1. A person who fully satisfies the criteria prescribed in Article 10 of this Law shall send a dossier of application for an auction practice certificate to the Ministry of Justice and pay a charge prescribed by law. Such a dossier must comprise:
a/ An application for an auction practice certificate;
b/ A certified copy or a copy enclosed with the original of the applicant’s university or postgraduate degree in law, economics, accounting, finance or banking;
c/ A certified copy or a copy enclosed with the original of the applicant’s auction training certificate;
d/ A written certification that the applicant has passed the auction practice internship result examination;
dd/ A judicial record card;
e/ A color photo sized 3 cm x 4 cm.
2. Within 15 days after receiving a complete and valid dossier, the Minister of Justice shall decide to grant an auction practice certificate. In case of refusal to grant such certificate, he/she shall state the reason in writing. Persons whose applications for auction practice certificates are rejected may file complaints or initiate lawsuits in accordance with law.
3. An auction practice certificate holder shall be granted an auctioneer card by the provincial-level Justice Department at the request of the property auction organization where he/she practices. His/her auctioneer card shall be revoked when he/she has his/her auction practice certificate revoked under Article 16 of this Law.
The Government shall prescribe in detail the grant and revocation of auctioneer cards.
Thus, according to regulations, the time limit for issuance of an auction practice certificate is 15 days after receiving a complete and valid dossier.
What is the time limit for granting auction practice certificates in Vietnam? What are the procedures for issuance of auctioneer cards in Vietnam according to regulations? (Image from the Internet)
What are the procedures for issuance of auctioneer cards in Vietnam according to regulations?
Pursuant to the provisions of Article 3 of Decree No. 62/2017/ND-CP on the procedures for issuance of auctioneer cards in Vietnam as follows:
Procedures for issuance of auctioneer cards
1. A property auction organization or bad debt management organization shall submit an application for issuance of auctioneer cards held by its auctioneers directly, by post, or in any form deemed appropriate to the Service of Justice in the province where it is headquartered. An application includes:
a) An application form for issuance of auctioneer cards;
b) Certified true copies or copies of auction licenses enclosed with original copies;
c) 1 color photo size 2cm x 3cm (taken not longer than 6 months from the date of submission of photo)
2. Within 5 working days from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the Service 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 Service 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 valid 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.
Thus, the procedures for issuance of auctioneer cards are specified as above.
Who is eligible for auction practice internship according to regulations?
Pursuant to Article 13 of the 2016 Law on Property Auction in Vietnam on the auction practice internship as follows:
Auction practice internship
1. Persons possessing an auction training certificate and persons exempt from auction training may be admitted as interns in property auction organizations.
2. The duration of auction practice internship is 6 months and shall be counted from the date a property auction organization notifies the list of its auction practice interns to the provincial-level Justice Department of the locality where it is located.
3. A property auction organization shall assign auctioneers to instruct auction practice interns. Instructing auctioneers shall guide, supervise, and take responsibility for, jobs performed by interns.
Auction practice interns may receive practice skills instructions and perform jobs related to property auction as assigned by their instructing auctioneers and take responsibility before their instructing auctioneers for such jobs. Auction practice interns may not conduct an auction.
4. Persons who have completed their internship duration prescribed in Clause 2 of this Article may take the examination of auction practice internship results.
The examination of auction practice internship results covers auction practice skills, the law on property auction and relevant laws, and professional code of ethics of auctioneers.
5. The examination of auction practice internship results shall be held by the Auction Practice Internship Result Examination Council formed by the Ministry of Justice. The Council is composed of a representative of the Ministry of Justice as its chairperson, and representatives of related agencies and organizations and a number of auctioneers as its members.
Thus, according to regulations, persons possessing an auction training certificate and persons exempt from auction training may be admitted as interns in property auction organizations.
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