Vietnam: What are the regulations on disclosure of information on property auction on the Website on public property?
Vietnam: What is public property?
The definition of public property is defined in Clause 1, Article 3 of the Law on Management and Use of Public Property 2017 as follows:
Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “Public property” is property under public ownership and managed by the State, including: public property serving management, provision of public services, maintenance of national security for organizations and individuals; infrastructural property serving national and public interests; property established under public ownership; public property of enterprise; money in state budget, non-state budget financial funds, foreign exchange reserves; land and other resources.
Accordingly, it can be briefly understood as public property:
- “Public property” is property under public ownership
- “Public property” is managed by the State.
For example: Weapons equipment, vehicles in military zones,...
Vietnam: What are the regulations on disclosure of information on property auction on the Website on public property? (Image from the Internet)
When should the information on property auction be disclosed on the Website on public property of Vietnam?
Pursuant to the provisions of Official Dispatch 12006/TC-QLCS in 2018 of the Ministry of Finance, competent agencies, organizations and units must send the prescribed information to the Ministry of Finance for posting on the Information page. electronic information on public property when selling public property in the form of auction, listing price, using public property for the following purposes:
- Renting;
- Venture;
- Link.
Therefore, if the sale of public property falls within the scope of the aforesaid content, information must be provided and posted on the website of public property.
What are the regulations on disclosure of information on property auction on the Website on public property of Vietnam?
Contents of public announcements and announcements on the website about public property when selling public property are specified in subsection 1.1, Section 1 of Official Dispatch 12006/TC-QLCS in 2018 as follows:
- Selling public property at agencies, organizations or units in the form of auction. The content of the notice shall comply with the provisions of Clause 4, Article 57 of the Law on Property Auction 2016:
Specifically:
Disclosure of information on property auction
...
4. To-be-disclosed information on property auction includes:
a/ Names and addresses of the property auction organization and property seller;
b/ Time and place of auction;
c/ Name of property and place where the auctioned property is located;
d/ Reserve price of the auctioned property in case such price is publicized, and advance payment;
dd/ Time, place, conditions and method of registration for participation in auction.
- Selling public property at agencies, organizations and units in the form of price listing. Price listing content and information about public property that need to be posted as prescribed in Clause 1, Article 5 of Circular 144/2017/TT-BTC:
Specifically:
Selling of public property in form of public listing not via the Electronic trading system for public property
1. Price listing information and property information:
a) Name, address, phone number of agencies assigned to organize selling of property;
b) Code of the listing sale;
c) Name, type, quantity, quality, and sale price of the property;
d) Advance payment and method of submitting advance payment;
dd) Location and time of property preview;
e) Regulations on individuals not allowed to purchase the property;
g) Registration and advance payment deadline;
h) Time for selecting individuals obtaining the right to purchase property;
i) Other necessary information pertaining to the property requested by agencies assigned to organize selling of property to be disclosed and listed.
Agencies assigned to organize the selling of public property are responsible for adequately and accurately uploading information under this Clause on the Electronic trading system for public property and publicly posting at head office of the agencies.
- Lease of non-business facilities in the form of auction, publicizing the rental price in the form of direct application when leasing non-business establishments and other public property at public non-business units and at socio-professional political organizations, social organizations, socio-professional organizations and other organizations established in accordance with the law on associations:
The notice of the auction for lease of non-business facilities shall comply with the provisions of Clause 4, Article 57 of the Law on Property Auction 2016, similar to the public announcement of the sale of public property in the form of an auction.
Contents of public notice of rental prices of public property in the form of direct submission to the website of public property include the following contents:
+ The name of the unit having the rental property;
+ Type of rental property;
+ Rental price;
+ Conditions attached.
- Publicity about the selection of joint venture and association partners in the case of public non-business units and at socio-professional political organizations, social organizations, socio-professional organizations, organizations Other associations established in accordance with the law on associations using public property for the purpose of joint venture or association:
Contents of publicity are specified at Point a, Clause 3, Article 47 of Decree 151/2017/ND-CP. Specifically:
Using public property at public non-business units for the purpose of joint venture or association
...
3. Selection of partners to conduct joint ventures and associations:
a) After a decision is issued by a competent authority or person on the use of public property for the purpose of joint venture or association, the public non-business unit shall publicly announce the selection of a joint venture partner, Links on the information page of the unit (if any), the web portal of the ministry, central agency, or locality, and the website of the Ministry of Finance on public property. The public announcement on the selection of a partner includes the following main contents:
- Information of the entity having joint venture or association property;
- Expected property of joint venture or association;
- Joint venture and association plans;
- Criteria for selecting partners to conduct joint ventures or associations as prescribed at Point c of this Clause;
- Time and place to submit the application for registration.
Thus, the electronic publication of information when selling public property shall comply with the above provisions.
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