What is the notice form of results of selection of property auction organizations in Vietnam? What is the time limit for notification of property auction organization selection results?
- What is the notice form of results of selection of property auction organizations in Vietnam?
- What is the time limit for notification of property auction organization selection results in Vietnam?
- What are the responsibilities of the person having the auctioned property in selection of property auction organizations in Vietnam?
What is the notice form of results of selection of property auction organizations in Vietnam?
The notice form of results of selection of property auction organizations is specified in Appendix II issued together with Circular 02/2022/TT-BTP. Below is an image of the notice form of results of selection of property auction organizations:
Download notice form of results of selection of property auction organizations: Here.
What is the notice form of results of selection of property auction organizations in Vietnam? What is the time limit for notification of property auction organization selection results? (Image from the Internet)
What is the time limit for notification of property auction organization selection results in Vietnam?
Pursuant to Clause 1, Article 6 of Circular 02/2022/TT-BTP stipulates as follows:
Notification and cancellation of property auction organization selection results
1. Within 03 working days from the day on which the result of selection of the property auction organization is available, the person having auctioned property shall publicly announce the selection result on his or her website (if any) and the national portal of property auctions. The notice of results of selection of property auction organizations shall be made using the form specified in Appendix II issued with this Circular.
2. After having the result of selection of the property auction organization specified in Clause 1 of this Article, if the person having the auctioned property receives information from a competent agency or organization or obtains verification results confirming that the selected organization intentionally provided incorrect information or falsified information about the criteria in the application for registration to participate in the selection, the following actions shall be taken:
a) If the property auction service contract has not been signed, the person having the auctioned property shall cancel the result of selecting such property auction organization;
b) In case the property auction service contract has been signed and the property auction organization has not yet received the bidder’s application for participation in the auction, the person having the auctioned property shall cancel the result of selection of the property auction organization, and also unilaterally terminate the performance of the property auction service contract with the property auction organization;
c) In case a property auction service contract has been signed and the property auction organization has received the bidders application for participation in the auction, the person having the auctioned property shall consider and decide to cancel the results of selection of property auction organizations and terminate the property auction service contract if the property auction service contract has an agreement on this issue or requests the Court to declare the property auction service contract null and void according to law.
3. Within 03 working days from the date on which the result of selection of the property auction organization is annulled according to Points a and b, Clause 2 of this Article, the person having the auctioned property shall, based on the result of the evaluation as specified in Clause 1 of this Article, select the property auction organization with the adjacent highest total score to hold the auction; in case the property auction service contract is terminated or declared null and void by the Court as prescribed at Point c, Clause 2 of this Article, the person having the auctioned property shall re-organize the selection of the property auction organization.
4. The person having the auctioned property shall send the information on the cancellation of the selection results specified in Clause 2 of this Article and the violating property auction organization specified in Clause 7 Article 5 and Clause 2 of this Article to the Ministry of Justice, the Department of Justice of the province or centrally affiliated city where the person having the auctioned property and the property auction organization is headquartered, and also post it publicly on their website (if any) and the national web portal on property auctions.
Thus, according to the above provisions, within 03 working days from the day on which the result of selection of the property auction organization is available, the person having auctioned property shall publicly announce the selection result.
What are the responsibilities of the person having the auctioned property in selection of property auction organizations in Vietnam?
Pursuant to Clause 1, Article 8 of Circular 02/2022/TT-BTP stipulates as follows:
Responsibilities of the person having the auctioned property, the governing body of the person having the auctioned property
1. Responsibilities of the person having auctioned property:
a) Publicly announce the selection, evaluation and scoring of selection criteria and take responsibility for the results of selection of property auction organizations;
b) Review and verify information reflecting that the property auction organization intentionally provides incorrect information or falsifies information on criteria in the application for registration to participate in the selection;
c) Report to the competent authority on the selection and results of the selection of the property auction organization together with the verification results in case the property auction organization intentionally provides inaccurate or falsify information about the criteria in the application for participation in the selection;
d) Other responsibilities as prescribed by the Law on Property Auction, this Circular and relevant regulations of law.
2. Responsibilities of the governing body of the person having auctioned property:
a) Request the person having the auctioned property under their management to report the results of verification, cancel the result of selection of the property auction organization, unilaterally terminate or terminate the property auction service contract or request the Court to declare the property auction service contract null and void in case the property auction organization intentionally provides inaccurate information or falsifies information about the criteria in the application for registration to participate in the selection;
b) Take measures to deal with relevant individuals and organizations that commit violations in the evaluation, scoring and selection of property auction organizations according to their competence;
c) Other responsibilities as prescribed by the Law on Property Auction, this Circular and relevant laws.
Thus, according to the above provisions, the responsibilities of the person having auctioned property:
- Publicly announce the selection, evaluation and scoring of selection criteria and take responsibility for the results of selection of property auction organizations;
- Review and verify information reflecting that the property auction organization intentionally provides incorrect information or falsifies information on criteria in the application for registration to participate in the selection;
- Report to the competent authority on the selection and results of the selection of the property auction organization together with the verification results in case the property auction organization intentionally provides inaccurate or falsify information about the criteria in the application for participation in the selection.
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