The Ministry of Justice has issued Circular 02/2022/TT-BTP guiding the selection of an asset auction organization. In particular, detailed instructions on canceling the result of selection of an asset auction organization.
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Instructions for canceling the result of selecting an asset auction organization (Illustration image)
Specifically, according to Article 6 of Circular 02/2022/TT-BTP stipulating:
After the result of selection of the asset auction organization is publicly announced on the website of the person having the property, the person having the property receives information from a competent agency or organization or obtains a result. If the verification results confirm that the selected asset auction organization intentionally provided inaccurate information or falsified information about the criteria in the application for registration to participate in the selection, the following procedures shall be followed:
(1) If the asset auction service contract has not been signed , the person having the auctioned asset shall cancel the result of selecting the asset auction organization;
(2) In case the asset auction service contract has been signed and the asset auction organization has not yet received the auction participants' dossiers of participation in the auction, the person having the auctioned asset shall cancel the result of selection of the auctioneer. the asset auction organization and unilaterally terminate the performance of the asset auction service contract with the asset auction organization;
(3) In case an asset auction service contract has been signed and the asset auction organization has received the auction participant's application for participation in the auction, the person having the auctioned asset shall consider and decide to cancel the auction. results of selection of an asset auction organization and termination of the asset auction service contract if the asset auction service contract has an agreement on this issue or requests the Court to declare the auction service contract property is void according to the provisions of law.
Within 03 working days from the date on which the result of selection of the asset auction organization is annulled according to the provisions of (1), (2), the person having the auctioned asset shall base itself on the result of scoring the selection of the auctioneer. the asset auction organization with the adjacent highest total score to organize the auction;
In case the asset auction service contract is terminated or declared invalid by the Court according to the provisions of (3), the person having the auctioned asset shall re-organize the selection of the asset auction organization.
The person having the auctioned asset shall send it to the Ministry of Justice, the Department of Justice of the province or city directly under the Central Government where the person having the auctioned asset and the place where the asset auction organization is located, and at the same time publicly post it on the information page. their own electronic information (if any) and the national web portal on asset auctions with information about the cancellation of selection results and the asset auction organization intentionally providing inaccurate or fake information. falsify information about the criteria in the application for participation in the selection.
In addition, in case there is a basis to determine that the asset auction organization intentionally provides incorrect information or falsifies information about the criteria in the dossier, the person having the property refuses to consider and evaluate the dossier. of the asset auction organization.
Circular 02/2022/TT-BTP takes effect from March 25, 2022.
