Is it illegal for an auctioneer not to wear auctioneer card when conducting a property auction in Vietnam?

Is it illegal for an auctioneer not to wear auctioneer card when conducting a property auction in Vietnam?

Article 3 of Decree 62/2017/ND-CP stipulates procedures for issuance of auctioneer cards as follows:

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, according to the above regulations in Vietnam, it is mandatory for an auctioneer to wear a card when conducting a property auction. The auctioneer at the auction you attended on November 9 did not wear a card while conducting, which is violating the law.

Is it illegal for an auctioneer not to wear auctioneer card when conducting a property auction in Vietnam? (Image from the Internet)

How much is fine for an auctioneer who fails to wear auctioneer card when conducting a property auction in Vietnam?

According to Article 22, Decree 82/2020/ND-CP stipulates violations of regulations by auctioneers as follows:

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for not wearing an auctioneer card when operating a property auction.

2. Fine from 3,000,000 VND to 7,000,000 VND for one of the following acts:

a) Erasing, altering or falsifying the contents of the auctioneer practice certificate or auctioneer card;

b) Illegal agreements with individuals or organizations involved in asset auction activities that affect the legitimate rights and interests of third parties, except for the cases specified in Points a, b and d Clause 7 of this Article;

c) Knowing and not requiring the auctioneer trainee under his guidance to stop violating the law on asset auctions during the probationary period at that asset auction organization.

...

Pursuant to Clause 4, Article 4 of Decree 82/2020/ND-CP stipulating fine levels:

4. The fines specified in Chapters II, III, IV, V, VI and VII of this Decree are applied to administrative violations by individuals, except those specified in Clause 5 of this Article. In case an organization commits an administrative violation like an individual, the fine is 2 times the fine for an individual.

Therefore, according to the above regulations in Vietnam, an auctioneer who operates an asset auction without wearing a card will be fined from 1,000,000 VND to 3,000,000 VND.

What are prohibited acts for auctioneers during their practice in Vietnam?

Clause 1, Article 9 of the 2016 Law on Asset Auctions prohibited acts for auctioneers during their practice:

1. Auctioneers are prohibited to commit the following acts:

a/ Letting other individuals or organizations use their auction practice certificates;

b/ Taking advantage of their capacity as auctioneers to act for the self-seeking purpose;

c/ Colluding or being in cahoots with auctioned property sellers, bidders, price assessment organizations, auctioned property appraisal organizations and other individuals or organizations to falsify information about auctioned property, suppress prices, falsify auction dossiers or property auction results;

d/ Illegally preventing individuals and organizations from participating in auctions;

dd/ Violating the professional code of ethics of auctioneers;

e/ Committing other prohibited acts prescribed by relevant laws.

Above are the acts that auctioneers are prohibited to commit during their practice in Vietnam.

Best regards!