The following article will provide readers with 05 regulations you need to know about selecting an asset auction organization according to Circular 02/2022/TT-BTP .
Article table of contents
05 regulations you need to know about choosing an asset auction organization (Artwork)
1. Principles for selecting asset auction organizations
- Comply with the provisions of the law, ensure the criteria specified in Article 56 of the Law on Property Auction , Article 3 and Appendix I issued together with Circular 02/2022/TT-BTP .
- Ensuring accuracy, independence, honesty, publicity, transparency, fairness and objectivity.
The asset auction organization is solely responsible for the completeness and accuracy of the information in the application for registration to participate in the selection and must bear adverse consequences due to incomplete and inaccurate declaration of information. .
2. Criteria for selecting an asset auction organization
According to Article 3 of Circular 02/2022/TT-BTP , there are 06 groups of criteria for selecting an asset auction organization, including:
- Group of criteria on necessary facilities and equipment to secure the auction for the type of auctioned asset.
- Group of criteria on feasible and effective auction plans.
- Group of criteria on capacity, experience and reputation of the asset auction organization.
- Group of criteria on remuneration for auction services and appropriate property auction costs.
- Being named in the list of asset auction organizations announced by the Ministry of Justice.
- Other groups of criteria relevant to the auctioned asset shall be decided by the person having the auctioned asset.
3. The criteria for selection of an asset auction organization must be publicly announced
Pursuant to Article 4 of Circular 02/2022/TT-BTP , after a competent person's decision on the asset auction is issued, the person having the auctioned asset shall publicly announce it on his/her website. and National web portal on asset auction on the selection of an asset auction organization with full criteria as prescribed.
The person having the auctioned asset shall publicly announce the selection of the asset auction organization within at least 03 working days before the decision on selection is made , unless otherwise provided for by law.
4. Guidelines for evaluation and scoring according to the criteria for selecting an asset auction organization
The person having the auctioned asset shall self-assess or establish an evaluation team or choose another form to evaluate the criteria for selecting the asset auction organization and take responsibility for this assessment.
Accordingly, the person having the auctioned asset based on the information in the registration file to participate in the selection of the asset auction organization will score according to all the prescribed criteria and handle the following situations:
- If within 12 months from the date of submission of the dossier, the asset auction organization has a legal representative or the auctioneer of the organization is convicted by a legally effective judgment of the crime of violation. regulations on asset auction activities due to acts on behalf of, for the benefit or direction, administration or approval of such asset auction organization, such asset auction organization shall be deducted 50% of the total score .
- If within 12 months from the date of application submission, the asset auction organization falls into one of the following cases, the following actions shall be taken:
+ If an auctioneer of their organization is administratively sanctioned for violating regulations on asset auction activities , for each auctioneer sanctioned for administrative violations, that asset auction organization is minus 5% of total points;
+ The asset auction organization is administratively sanctioned for violating regulations on asset auction activities, except for the act of being sanctioned for failing to make a public announcement of the asset auction. for administrative violations, the asset auction organization will have 5% of the total points deducted;
+ If the asset auction organization fails to publicly announce the asset auction on the National Asset Auction Portal according to the announcement of the competent authority, the asset auction organization will be banned from publishing. minus 20% of the total points ;
+ If an auctioneer of his/her own organization is convicted by a legally effective sentence of a crime of violating regulations on asset auction activities but does not fall into the case of deduction of 50% of the total points mentioned above, the organization shall The auctioneer of that property will be deducted 20% of the total points .
- If within 12 months from the date of application submission, the asset auction organization in the case has been refused to consider and evaluate the dossier or the selection result has been canceled according to regulations, Auction of that property will be deducted 70% of the total points .
- In case there is a basis to determine that the asset auction organization intentionally provides inaccurate information or falsifies information about the criteria in the dossier, the person having the property refuses to consider and evaluate the organization's dossier. auction of that property.
- In case by the end of the date of submitting the application for registration to participate in the selection, but only one asset auction organization has registered , the property owner shall consider and decide to select that organization if it meets the provisions of the Law on Auction . property prices , Circular 02/2022/TT-BTP and relevant laws.
5. Criteria for evaluation and scoring of asset auction organizations
See details at >>> Appendix I issued together with Circular 02/2022/TT-BTP .
| Table of evaluation criteria for selection of an asset auction organization |
>> See more Cases of refusal to participate in the selection of an asset auction organization
Instructions for canceling the result of selecting an asset auction organization
Jewel
