The Government promulgates Decree 47/2023/ND-CP amending and supplementing a number of articles of the Government's Decree No. 62/2017/ND-CP dated May 16, 2017 detailing a number of articles and measures. enforcement of the Property Auction Law.
In particular, Decree 47/2023/ND-CP amends and supplements regulations on organizing auctions in the form of online auctions.
Specifically, in the case of an online auction, the asset auction organization, the Asset Auction Council, and the organization in which the State owns 100% of the charter capital, established by the Government, shall handle the case of bad debts of credit institutions that carry out the order and procedures for asset auction as prescribed in Chapter III and Chapter IV of the Law on Property Auction, as prescribed in Chapter III of Decree No. 62/2017/ND-CP dated May 16, 2017 of the Government detailing a number of articles and measures to implement the Law on Property Auction and the provisions of this Decree.
An asset auction organization, an asset auction council, an organization in which the State owns 100% of charter capital, set up by the Government to deal with bad debts of a credit institution, organize the auction in the form of an auction. online pricing through renting, using the Online Auction Information Site. The online auction information page is set up and operated in accordance with the law on information and communication, the law on e-commerce, including the National Online Auction Information Page, the National Auction Information Page and the National Auction Information Page. online auction of organizations in which the State owns 100% of charter capital, established by the Government to deal with bad debts of credit institutions and the online auction information page of asset auction organizations.
Organizations in which the State owns 100% of charter capital established by the Government to deal with bad debts of credit institutions may only use their organization's online auction website to organize auctions. in the form of online auction for assets being bad debts and collateral for bad debts as prescribed by law.
The cost of participating in the National Online Auction Information Page, the cost of hiring an asset auction organization that has an Online Auction Information Page to organize an auction in the form of an online auction shall be included in the auction cost. property prices specified in Clause 2, Article 66 of the Law on Asset Auction.
The Ministry of Justice shall assume the prime responsibility, and coordinate with the Ministry of Finance, relevant ministries and branches in, stipulating the cost of using the national online auction information page under the national asset auction portal.
Editing the order to organize the auction with the online auction form
The Decree also amends and supplements Article 10 of the order to organize auctions in the form of online auctions.
Specifically, the asset auction organization, the asset auction council, and the organization in which the State owns 100% of the charter capital established by the Government to deal with bad debts of credit institutions shall publish the Regulation on the auction. Price, Public announcement of the auction, together with the list of assets, images and documents related to the property (if any) on the Online Auction Information Page.
Auction participants view auctioned assets online or view assets in person according to the Auction Regulations; Registering to participate in the auction on the Online Auction Information Page. Auction participants who purchase auction participation documents will be granted an account to access through their registered email address.
Auction participants use their login account to receive instructions on how to submit an online auction application, make a reservation through online payment methods, and how to participate in the auction. and other necessary contents when participating in the Online Auction Information Page.
Auction participants who submit an application for registration to participate in the auction and a valid deposit may use their login account to participate in the auction in accordance with the Auction Regulations.
A person who is eligible to participate in the auction but does not access the account that has been granted to participate in bidding according to the time specified in the Auction Regulations shall be considered not to participate in the auction specified at Point a, Clause 6. Article 39 Law on Property Auction, except for force majeure cases.
The bidding time of the auction shall be agreed upon by the asset auction organization with the property owner but must be at least fifteen minutes.
The asset auction organization shall assign an auctioneer, the asset auction council, and an organization in which the State owns 100% of the charter capital, established by the Government to deal with bad debts of the credit institution that assigns members. administers the auction on the Online Auction Information Site. At the end of the auction, the determination of the auction winner is done as follows:
+ In case the bidding is done by the up-bid method, the auction winner is the one with the highest bid recorded by the auction network system.
+ In case the bidding is done by the method of putting down the price, the auction winner is the first to accept the starting price or the reduced price recorded by the asset auction network system.
Auction winners are announced on the online auction network right after the auction ends.
The results of the online auction are publicly posted on the Online Auction Information Page and sent to the email address of the auction participants registered with the asset auction organization, the asset auction council, and the auctioneer's email address. property or organization in which the State owns 100% of the charter capital, established by the Government to handle bad debts of credit institutions immediately after announcing the auction winners on the online auction information page.
Source: chinhphu.vn
