Chương VI Luật đấu giá tài sản 2016: Xử lý vi phạm, hủy kết quả đấu giá tài sản, bồi thường thiệt hại

Chapter VI

HANDLING OF VIOLATIONS, CANCELLATION OF PROPERTY AUCTION RESULTS, PAYMENT OF DAMAGES

Article 69. Handling of violations committed by auctioneers, property auction organizations, property auction councils or the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions

1. An auctioneer who commits one of the acts prescribed in Clause 1, Article 9, or violates the provisions of Clause 2, Article 19 or other provisions, of this Law shall, depending on the nature and severity of his/her violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay damages in accordance with law.

2. A property auction organization, a property auction council or the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions that commits one of the acts prescribed in Clause 2 or 3, Article 9, violates the provisions of Clause 2, Article 24, commits one of the acts prescribed in Clause 3, Article 65, or violates other provisions, of this Law shall, depending on the nature and severity of its violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay damages in accordance with law.

Article 70. Handling of violations committed by bidders, winning bidders or related individuals and organizations

A bidder, winning bidder or related person or organization that commits one of the acts prescribed in Clause 5, Article 9, or violates other provisions, of this Law shall, depending on the nature and severity of his/her/its violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Article 71. Handling of violations committed by property sellers

A property seller that commits one of the acts prescribed in Clause 4, Article 9, or violates the provisions of Clause 2, Article 47 or other provisions, of this Law shall, depending on the nature and severity of its/his/her violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Article 72. Cancellation of property auction results

Property auction results shall be cancelled in the following cases:

1. The cancellation of property auction results is agreed upon between the property seller, property auction organization and winning bidder or the cancellation of the conclusion of the contract on purchase and sale of the auctioned property or cancellation of this contract is agreed upon between the property seller and winning bidder, unless the auction causes damage or affects the interests of the State or lawful rights and interests of individuals and organizations;

2. The property auction service contract or contract on purchase and sale of the auctioned property is declared null and void by the court under the civil law in case the winning bidder commits the act prescribed at Point b, Clause 5, Article 9 of this Law;

3. The property auction service contract is cancelled under Clause 6, Article 33 of this Law;

4. The property seller, bidder, winning bidder, property auction organization or auctioneer commits an act of collusion or price suppression during the auction, thus falsifying information on the auctioned property or auction dossier or property auction results;

5. As decided by the person with administrative sanctioning competence in case of auction of state property when there is one of the grounds specified in Clause 6, Article 33 of this Law.

Article 73. Legal consequences of cancellation of property auction results

In case of cancellation of property auction results under Clause 2, 3,4 or 5, Article 72 of this Law, the parties shall restore the original state of, and return to one another, the received property or pay cash if they are unable to return the property in kind. The party at fault that causes damage shall pay compensation in accordance with law.

Article 74. Dispute settlement

For a dispute between the parties to a property auction service contract or contract on purchase and sale of the auctioned property, these parties may conduct a negotiation or conciliation or request a competent agency to settle the dispute in accordance with law.

Article 75. Filing of complaints or lawsuits about property auction conducted by a property auction council

1. A bidder, winning bidder or person with related rights and obligations may file a complaint about a decision or an act issued or committed by a property auction council or its member when having grounds to believe that such decision or act infringes upon his/her lawful rights and interests.

2. The person competent to form a property auction council shall settle a complaint within 30 days after receiving it.

3. Upon the expiration of the time limit prescribed in Clause 2 of this Article, if his/her/its complaint remains unsettled or if disagreeing with the complaint settlement decision of the person competent to form a property auction council, the bidder, winning bidder or person with related rights and obligations may file a lawsuit at court in accordance with law.

Article 76. Filing of denunciations about property auction activities

1. A citizen may file a denunciation with a competent agency, organization or person about a violation of the property auction regulations in accordance with law.

2. The settlement of denunciations in property auction activities must comply with the law on denunciations.