The latest procedures for issuing auction practice certificates in Vietnam (central level)

The latest procedures for issuing auction practice certificates in Vietnam (central level) (Internet image)

On May 17, 2024, the Minister of Justice issued Decision No. 854/QD-BTP announcing the amended administrative procedures related to property auctions under the management of the Ministry of Justice of Vietnam.

The latest procedures for issuing auction practice certificates in Vietnam (central level) 

The procedures for issuing auction practice certificates at the central level are as follows:

(1) Procedure execution sequence:

The following individuals who meet the following criteria are eligible for auction practice certificates:

- Being a Vietnamese citizen permanently residing in Vietnam, abiding by the Constitution and law, and possessing good ethical quality;

- Possessing a university or postgraduate degree in law, economics, accounting, finance or banking;

-Having graduated from an auction training course prescribed in Article 11 of the Law on Property Auction, except where he/she is exempted from such a course under Article 12 of the Law on Property Auction;

- Having passed the examination of the auction practice internship results.

The Minister of Justice shall review and decide on the issuance of auction practice certificates.

Submission method: Applications are submitted directly, via the postal system, or online to the Ministry of Justice.

(2) Document requirements:

- Application for issuance of auction practice certificates;

- Certified copy or a copy attached to the original for comparison of the bachelor's degree or higher in law, economics, accounting, finance, or banking;

- Certified copy or a copy attached to the original for comparison of the auction training certificate;

- Confirmation document of meeting the requirements for apprenticeship examination results in auction practice;

- Judicial record;

- One 3 cm x 4 cm color photograph.

Number of documents: 01 set.

(3) Processing time:

- Within a period of 15 days from the date of receiving a complete and valid application, the Minister of Justice will decide on the issuance of auction practice certificates; in case of refusal, the reasons must be notified in writing.

- Individuals who are denied auction practice certificates have the right to lodge complaints or initiate legal proceedings in accordance with the law.

(4) Subjects performing administrative procedures: Individuals.

(5) Authority performing administrative procedures: Ministry of Justice.

(6) Results: Decision on the issuance of auction practice certificates.

(7) Fee and charge: 800,000 VND.

(8) Requirements and conditions for administrative procedure execution:

Persons ineligible for grant of auction practice certificates include:

- Those who fail to fully satisfy the criteria prescribed in Article 10 of the Law on Property Auction.

- 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.

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

- 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.

- 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.

(9) Application form:

Form TP-DGTS-01-sđ issued together with Circular No. 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending 08 circulars related to administrative procedures related  judicial assistance.

(10) Legal basis:

- Law on Property Auction.

- Decree No. 62/2017/ND-CP dated May 16, 2017 of the Government detailing the implementation of certain articles and measures for implementing the Law on Property Auction.

- Circular No. 06/2017/TT-BTP dated May 16, 2017 of the Ministry of Justice regulating the framework program of auction training courses, auction training institutions, apprenticeship and apprenticeship examination results in the field of property auction.

- Circular No. 106/2017/TT-BTC dated October 6, 2017 of the Ministry of Finance regulating the level, regime, collection, management, and use of appraisal fees for auction practice standards, fees for appraising registration conditions of property auction businesses.

- Circular No. 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending and supplementing 08 circulars related to administrative procedures in the judicial assistance.

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