Can defendants be granted auction practice certificates in Vietnam?

Can defendants be granted auction practice certificates in Vietnam?

Pursuant to Clause 4, Article 15 of the Law on Property Auction 2016 stipulates as follows:

1. Those who fail to fully satisfy the criteria prescribed in Article 10 of this Law.

2. Career officers or soldiers, national defense workers or public employees in agencies or units of the People’s Army; operational officers or non-commissioned officers, professional or technical officers or non-commissioned officers in agencies or units of the People’s Public Security; cadres, civil servants or public employees, except civil servants or public employees to be granted auction practice certificates to work for property auction service centers.

3. Those who have lost civil act capacity or have civil act capacity restricted or have problems in cognition or behavior control.

4. Those who are examined for penal liability; have been convicted under legally effective judgments; had been convicted but have not yet had their criminal records remitted; or have been convicted for the crime of swindling for appropriating property or corruption, even when their criminal records have been remitted.

5. Those who are subject to the administrative handling measure of being consigned to a compulsory detoxification establishment or compulsory education establishment in accordance with the law on handling of administrative violations.

Therefore, the prosecution of the defendant is being examined for penal liability, so your uncle's case will not be granted an Auction Practice Certificate in Vietnam.

If an auction practice certificate has been revoked, can it not be re-granted in Vietnam?

Pursuant to Article 17 of the 2016 Law on Property Auction, re-grant of auction practice certificates is as follows:

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 auction practice certificate can still be re-issued on a case-by-case basis according to the above provisions, not automatically revoked and cannot be re-issued in Vietnam.

Best Regards!