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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CIRCULAR guide the auctioned assets stipulated in Decree No. 53/2013/ND-CP on May 18 in 2013 by the Government on the establishment, organization and operation of the asset management company of the credit institutions in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 53/2013/ND-CP on May 18, 2013 the Government established , organization and operation of the asset management company of the credit institutions in Vietnam;
Pursuant to Decree No. 17/2010/ND-CP of March 2010 the Government property auction;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
According to the proposal of the Chief Justice, supporting the Ministry of Justice;
The Minister of Justice issued a circular guiding the auctioned assets stipulated in Decree No. 53/2013/ND-CP on May 18 in 2013 by the Government on the establishment, organization and operation of the asset management company of the credit institutions in Vietnam (hereinafter called property management company).
Chapter I GENERAL PROVISIONS article 1. Scope this circular guides on order and procedure of sale of property auctions are bad debts and asset of the bad debts are buying asset management companies of credit institutions in Vietnam as stipulated in Decree No. 53/2013/ND-CP (hereinafter called property auctions).
Article 2. Application object 1. Property management company;
2. professional auction organization;
3. The organizations and individuals involved.
Article 3. Make the auction 1. Property management company of choice, decide the method of auctioning property that property management company has acquired under the provisions of Decree No. 53/2013/ND-CP DATED. 2. The auctioned assets of property management company is made according to the provisions of the law on property and auction provisions of this circular.
Chapter II the SEQUENCE, the AUCTION PROCEDURE article 4. Determine the starting price of the auction properties 1. Starting price of the auction property is determined before the signing of the lease held by professional auctioneers carry the auction or before the property management firm to conduct the auction. Property management company decisions and responsible for the starting price of the auction properties.
2. The determination of the starting price of the auction property is the bad debts are as follows: a) in the case of asset management companies have purchased bad debts of credit institutions under market value then the rental property management company organized to function valuation or appraisal to determine price;
b) in the case of asset management company to buy the bad debt of the credit organization according to the logging value with special bonds, the property management company negotiates with the credit organizations about the starting price.
3. In the case of asset management company held auction asset for bad debts, the agreement with the owner of the secured property about the starting price of property for auction; case of land use rights auction, the property management company to deal with the mortgage of land use right side about the starting price.
4. within five (5) working days from the date of having decided to auction the assets that the parties not be starting price agreement as defined in point b of paragraph 2, paragraph 3 of this article, the property management company organizational function rental valuation or determine the starting price for the auction.
Article 5. Choose auction organizations performing Professional auction 1. Property management company public announcement about the hiring of the auction Organizer within five (5) working days on the electronic portal of the State Bank of Vietnam, the electronic information page of the property management company for the professional auction Organizer registered to participate in the selection.
2. asset management company issued, implementation and responsible for the review process, the decision to choose the Organization of professional auctioneers to conduct the auction. The choice of the professional auction Organizer based on the criteria of competence, experience, reputation, time of operation, the number of auctions, the number of contracts has the auction, the auction approach, the scale and nature of the auction Organizer.
Article 6. The lease auction professional organization in the case of rental property management company organizing professional auctioneers carry the auction then contracted to hire the professional auction Organizer. The contract includes the content is mainly as follows: 1. The name, address of the parties;
2. auction property (there are detailed records appendix attached);
3. the starting price of the auction;
4. time, the venue for the auction;
5. Form of auction that are applied when making the auction;
6. auction fees, the cost of implementation of the auction; the fee to join the auction, the money in advance and the method of collection, the method of payment;
7. Time limit, place and method of delivery of auction records;
8. The rights and obligations of the parties, the responsibility for breaches of obligations in the implementation contract.
Article 7. The case of the professional auction Organizer perform the contract auction 1. Professional auction organization made public notice listing, auction, auction participation fee and a deposit ago, issued the regulations of the auction, the Organization made the auction and is responsible for the auction.
2. Property management companies facilitate and oversee the auctions by professional auction organization; signed a contract to sell the property for auction as defined in article 11 of this circular; auction property Affairs attached to the relevant papers to the buyer is the property auctioned.
3. The organization's auction Pro auction is made according to the provisions of the law on property and auction provisions of this circular.
Article 8. The case of asset management company make auction 1. In the case of asset management company make the auction a (01) leadership representatives property management company is responsible for holding the auction. Join the leadership to property management companies to operate the auction included representatives of relevant functional Committee of the asset management company; represented credit institution debt sale in auction case the property was purchased by logging value with special bond; can invite members to join the auction.
2. Representatives of company property management organizations make responsible auction issued regulation of auction accordance with substantive law about auctioning the assets and related legislation, including the following principal contents: a) conditions, the time limit , how to register to join an auction;
b) regulations on fees to join the auction, cash advance;
c) provisions on the form of the auction;
d) principles specify the step reviews;
DD) regulating the withdrawal register to join an auction, processing proceeds in advance of people registered to participate in the auction when to withdraw the registration of participation in the auction deadline to join an auction;
e) The case was continued to participate in the auction.
3. The auction is made according to the provisions of the law on property and auction provisions of this circular.
4. Represent the company leaders held property manager made the direct auction and is responsible for the auction.
Article 9. Shorten the time limit for listing, the public notice 1. In case of bad debt, the auction listing period, public notice is determined as follows: a) in the case of asset management companies to buy the bad debt of the credit organization according to market value, the property management company decide to shorten the deadlines listed , public notice;
b) in the case of asset management companies to buy the bad debt of the credit organization according to the logging value with special bonds, the property management company negotiates with the credit organization selling the debt on the shortening of time listing, public notice.
2. In the case of asset management company held auction asset for bad debts, the asset management company to deal with property owners to ensure that about shortening the time limit listed, public notice; in the case of land use rights auction, the agreement with the parties to the mortgage of land use.
3. The time limit for listing, the public notice provided for in clause 1 and clause 2 of this property is the property of not less than four (4) working days, for real estate property is not less than fifteen (15) days prior to the opening of the auction.
Article 10. Property auction in case only one participant of the auction 1. In the case of expiry have been registered to participate in the auction of the property that only a registered person to buy auction property or more people registered to participate in the auction but only one who participated in the auction with a starting price of the sold property for that person.
2. asset management company only sold the property in the case prescribed in clause 1 of this article after it has fully realized the listing regulations, public notice and have no complaints about the sequence, the procedure until the end of the auction.
Article 11. The contract to sell the property for auction 1. Within a period of two (2) working days from the date of completed auction, representatives property management company is responsible for organizing the auction or auction professional organizations to transfer the entire records and minutes of the auction, the buyer's advance money are assets to asset management companies.
2. asset management company signed a contract to sell the property to the buyer of the property. Property sales contract is signed and implemented under the provisions of the law.
Article 12. Handle the property auctioned in auction case fails, no users registered to participate in the auction of 1. In the case of auction failure or no users registered to participate in the auction for bad debts, the property management company chooses to handle others as stipulated by the State Bank of Vietnam Guide to Decree No. 53/2013/ND-CP.

2. In the case of auction failure or no users registered to participate in the auction for the secured property bad debts shall within five (5) working days, the property management company is responsible for the agreement with the owner of the secured property that asset disposal practices; the case of auctioning land-use rights as collateral, then deal with the mortgage of land use right side about the method of handling land use rights; the absence of the agreement are the property management companies opt for other processing methods as specified by the State Bank of Vietnam Guide to Decree No. 53/2013/ND-CP article 13. Cancel The auction results cancelled the auction results as defined in art. 1 Article 48 decrees no. 17/2010/ND-CP is done as follows: 1. for property auctions are buying property management company of the credit organization according to the value of logging by using the special bond that the auction organized by professional auctioneers carry the canceled auction results must have written agreement between the property management company, credit institution debt sale, the buyer is the property of auction and auction professionals organization conducted the auction; the case of asset management company make the property auction destruct auction results must have written agreement between the property management company, credit institution debt sale and the buyer is the property auctioned.
2. for property auctions are buying property management company according to the market value which the auction organized by professional auctioneers carry the canceled auction results must have written agreement between the property management company, who acquired the property auction and held professional auctioneers carry the auction; the case of asset management company make the auction destruct auction results must have written agreement between the property management company and the buyer is the property auctioned.
Article 14. Fees, cost of auctioning auction Costs and actual costs for the auctioned assets made under the provisions of the law.
Article 15. The responsibility of the asset management company 1. Informed in writing about the auction of the property to the owner of the secured property as defined in paragraph 3 Article 18 of Decree 53/2013/ND-CP; case of land use rights auction mortgage shall notify in writing the parties to the mortgage of land use.
2. The report on the activities of property auction annually or when required; to provide information and documents to the Ministry of Justice on the operation of auction properties when required.
3. Set the Window track asset auction, auction register of property under the provisions of the law of property auction.
4. other responsibilities prescribed by law.
Chapter III IMPLEMENTATION article 16. The responsibility of the Ministry of Justice 1. Examine, inspect, handle breaking the law about the auction of the property by the authority.
2. Other responsibilities prescribed by law.
Article 17. Effective enforcement of this circular effect since 10 November 2014.
Article 18. Implementation 1. Property management companies, professional auction Organizer, organizations, individuals are responsible for the implementation of this circular.
2. During the implementation process, if there are difficulties and obstacles, the property management company timely reflection of the Ministry of Justice, the State Bank of Vietnam and the ministries concerned to coordinate Guide.