Circular 18/2014/tt-Btp: A Guide To The Auction Of The Property Specified In Decree No. 53/2013/nd-Cp On May 18 In 2013 By The Government On The Establishment, Organization And Operation Of The Management Company.

Original Language Title: Thông tư 18/2014/TT-BTP: Hướng dẫn việc bán đấu giá tài sản quy định tại Nghị định số 53/2013/NĐ-CP ngày 18 tháng 5 năm 2013 của Chính phủ về thành lập, tổ chức và hoạt động của Công ty Quản l...

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JUSTICE DEPARTMENT
Number: 18 /2014/TT-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 8, 2014

IT ' S SMART

Oh. give up the sale of property prices specified in the Digital Decree 53 /2013/ND-CP May 18, 2013 Government

to form, organize and operate. of the Company ' s Asset Management Company

________________________

Base of Protocol 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnamese credit organizations;

Base of Protocol 17 /2010/NĐ-CP March 4, 2010 the Government on the sale of property prices;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

At the suggestion of the Attorney General of the Department of Justice, the Ministry of Justice;

Minister of Justice Department of Justice issued the sale of the sale of regulatory assets at the Digital Protocol. 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnam Credit organizations (later known as Asset Management Company).

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information guidance on the sequence, the asset auction procedure is the bad debt, and the secured assets of the bad debt are purchased by the Company ' s Asset Management Company by the regulation at the International Protocol. 53 /2013/ND-CP (later known as auction property).

What? 2. Subject applies

1. Asset Management Company;

2. Professional auction organization;

3. The organizations, other individuals are involved.

What? 3. Make the auction

1. The asset management company chooses, deciding how to sell the asset price auction that the Asset Management Company has purchased under the regulation at the Digital Protocol. 53 /2013/NĐ-CP.

2. The sale of the property price of the Asset Management Company is carried out in accordance with the laws of the sale of property prices and regulations at this Smart.

Chapter II

SEQUENCE, AUCTION PROCEDURE

What? 4. determine the starting price of the auction property

1. The starting price of the auction asset was determined prior to the signing of a professional auction organization that performed the auction or before the Asset Management Company made the sale of the auction. The Asset Management Company decides and is responsible for the starting price of the auction property.

2. The determining price of the starting price of the auction property is the bad debt made as follows:

a) In the event that the Asset Management Company has purchased the bad debt of the credit organization by market value, the Organizational Asset Management Company has a price appraisal or self-valuation to determine the starting price;

b) In the event that the Asset Management Company purchases the bad debt of the credit organization by a special bond value, the Asset Management Company deals with that credit organization on the starting price.

3. In the case the Asset Management Company organizes a guaranteed asset auction to a bad debt, the deal with the property owner guarantee it on the price of the property to auction; the sale of land rights auction, the Company Management Company. The asset that deals with the mortgage on the right to use that land on the starting price.

4. During the year (05) day of work, since the date of the decision to sell the asset auction on which the parties do not deal is priced at a stipulation rate at point b 2, paragraph 3 This, then the Asset Management Company functions as a price appraisal function. or determine the starting price to sell the auction.

What? 5. The selection of professional auction organization performs auction

1. The Asset Management Company publicly announced the hiring of an auction in the time of the year (05) the day working on the Electronic Information Portal of the State Bank of Vietnam, the Company ' s electronic information page for the Asset Management Company to auction organizations. I don't know, professional registration for the choice.

2. The Asset Management Company issued, implemented and responsible for the review process, deciding to select a professional auction organization to make the sale of the auction. The selection of professional auction organization based on criteria for capacity, experience, prestige, time of operation, the number of auctiers, the number of contracts sold for auction, the sale of the auction, the scale and the physical base of the semi-auction organization. Auction.

What? 6. Contract lease for professional auction

In the event that the Asset Management Company hired a professional auction to sell the auction, sign a lease for the professional auction. The contract consists of the following:

1. Name, address of the parties;

2. The auction property (which has a detailed profile appendix);

3. auction off price;

4. Time, venue of the auction sale;

5. The auction form is applied when making the auction sale;

6. The auction fee, the cost of making the auction sale; fees to participate in the auction, pre-order and the recording method, method of payment;

7. The deadline, location and method of handing out the auction of the auction;

8. The rights and obligations of the parties, the responsibility of the violation of obligations in the implementation of the contract.

What? 7. The event of a professional auction organization makes semi-final auction.

1. The professional auction organization makes the listing, publicly announced the sale of the auction, fees to participate in the auction and pre-order, the statute of the sale of the auction, the organization that makes the auction and is responsible for the auction.

2. The Asset Management Company facilitrits and oversees the auction sale by the professional auction organization; the signing of the semi-auction property in accordance with the regulation at Article 11 of this Information; the sale of the auction property is accompanied by relevant documents. For the buyer of the auction property.

3. The sale of the auction of the professional auction organization is carried out in accordance with the laws of the sale of property prices and regulations at this Smart.

What? 8. The Company ' s School of Asset Management performs auction

1. In the case of the Asset Management Company performing a sale auction then one (01) the company leadership of the Asset Management Company is responsible for organizing the sale of the auction. Participating in helping the leadership of the Asset Management Company to organize the implementation of the auction includes the representative of the relevant functional boards of the Asset Management Company; the representative organization of the debt sale credit in the case of the sale of asset prices is purchased in value. It's a special bond, we can invite the participants to join us.

2. Representative of the Company's Asset Management Company implementing the auction of the auction of the auction of the auction in accordance with the legal content of the sale of property prices and related legislation, including the following principal content:

a) Conditions, deadpoints, ways of registration to auction;

b) Regulation fee participation fee, pre-order money;

c) Regulation of auction form;

d) The principle of defining the price;

Regulation of the withdrawal of the bid to the auction, handling the pre-order of the regioners to the auction when withdrawing to the bid for the auction in the time of the registration of the auction;

e) The cases are not continued to participate in the auction.

3. The sale of the auction is made in accordance with the rule of law on the sale of property prices and regulations at this Smart.

4. Representative Asset Management Company organizes the sale of direct auction and is responsible for the auction.

What? 9. Withdraw the listing deadline, public announcement

1. In the case of a bad debt auction sale then the listing deadline, the public notice is defined as follows:

a) In the case of the Company ' s Adverse Debt Management Company debt by market value, the Asset Management Company decides to shorn the listing deadline, public notice;

b) In the event that the Asset Management Company buys bad debt of the credit organization by a special bond value, the Asset Management Company deals with the debt-selling credit for shoring the listing deadline, public notice.

2. In the event that the Asset Management Company organizes a guaranteed asset auction to a bad debt, the Asset Management Company deals with the owner of that guarantee property about shoring the listing deadline, public notice; in the case of a sale. The rights to the use of the land are agreed upon with the use of the land.

3. The listing deadline, the public notice stipulated at paragraph 1 and paragraph 2 This for the property is that the property is not less than four (04) working days, for the property that property is no less than fifteen (15) days prior to the opening of the auction.

What? 10. Sell property auction in the event of only one participant auction.

1. In the event of the expiration of the registration deadline for the asset auction that only one registered to purchase an auction property or whether many regioners participate in the auction but only one participant in the auction by the starting price is sold to the property. That man.

2. Asset Management Company is only sold property in the case of regulation at paragraph 1 This after having fully implemented the listing regulations, public notice and no complaints about the sequence, the procedure until the end of the auction.

What? 11. The sale of auction assets

1. In the second term (02) working days, since the day of the sale of the auction, the representative leader of the Company Management Company has the responsibility to organize the sale of auction or professional auction organization that must transfer the entire profile and compile it. The sale of the auction, the pre-order of the buyer is property to the Asset Management Company.

2. Asset Management Company contracted property sales with the property buyer. The contract for the sale of assets is signed and executed by law.

What? 12. Handout the auction sale property in the event of a non-city auction sale, no registered participants auction

1. In the event of an unfounded auction or no registered participant bid on the bad debt, the Asset Management Company selects another method of processing under the regulation of the State Bank of Vietnam guidelines for the Numerical Decree. 53 /2013/NĐ-CP.

2. In the case of a non-auction sale or no registered participant bid on the property guarantees bad debt, in the year period (05) date of work, the Asset Management Company is liable to make a deal with the owner of that guarantee property. In terms of asset processing; the sale of a mortgage-based auction, the deal with the mortgage to use the land on the use of land rights treatment; the uncompromising case, the Asset Management Company chooses the method of handling it. Other than the rules of the State Bank of Vietnam, the National Assembly guidelines for the Digital Decree. 53 /2013/NĐ-CP.

What? 13. Abort auction results

The cancellation of the auction results in accordance with the stipulation at a 1 Article 48 Protocol 17 /2010/NĐ-CP is done as follows:

1. For auction assets purchased by the Company ' s Asset Management Company by a special bond value by which the auction is held by the professional auction organization, the cancellation of the auction sale must have a satisfactory text. Between the Asset Management Company, the debt-selling credit organization, the buyer of the auction property and the professional auction organization that performs the auction; where the Asset Management Company performs the sale of asset prices, the sale of the sale results. The price of agreement between the Asset Management Company, the debt sale credit, and the buyer is auctipated.

2. For auction assets acquired by the Asset Management Company in the market value that the auction sale is made by the professional auction organization, the cancellation of the auction sale must have a written agreement between the Asset Management Company, the buyer said. Aucauction property and professional auction organization make a sale of the auction; where the Asset Management Company performs auction, the sale of the auction sale must have a written agreement between the Asset Management Company and its acquired buyer. Auction property.

What? 14. Charge, auction cost

The auction fee and the actual cost for the sale of property prices follow the provisions of the law.

What? 15. Asset Management Company Accountability

1. The written notice of the sale of property prices for property holders warrants under the regulation at paragraph 3 Article 18 of the number of Protocol 53 /2013/ND-CP; The right to the right of the world to accept the use of the land for the right to use the land.

2. The Department of Justice reports on the sale of property prices annually or when required; to provide information, documents to the Department of Justice on operating asset auction activities when required.

3. List of asset-auction tracking, Register of assets auctipated by law on sale of asset prices.

4. Make other responsibility according to the rule of law.

Chapter III

THE ORGANIZATION.

What? 16. Justice Department Responsibility

1. Check out, check out the law violation of property auction activity according to jurisdiction.

2. Other responsibilities under the rule of law.

What? 17.

It has been in effect since 10 November 2014.

What? 18. The organization performs

1. Asset Management Company, professional auction organization, organizations, individuals involved in the responsibility of this practice.

2. During the execution, if there was difficulty, entanged, the Asset Management Company reflected in time to the Ministry of Justice, the State Bank of Vietnam and the ministries, the relevant sector to coordinate the guidance.

KT. MINISTER.
Chief.

(signed)

Central Ding.