Chương VII Luật đấu giá tài sản 2016: Quản lý nhà nước về đấu giá tài sản

Chapter VII

STATE MANAGEMENT OF PROPERTY AUCTION

Article 77. Responsibilities of the Government for state management of property auction

1. The Government shall perform the unified state management of property auction.

2. The Ministry of Justice shall take responsibility before the Government for performing the state management of property auction, having the following tasks and powers:

a/ To submit to competent state agencies for promulgation or promulgate according to its competence legal documents on property auction organization and operation and policies and strategies on development of auction profession;

b/ To issue, or assign socio-professional organizations of auctioneers to issue, the code of professional ethics of auctioneers;

c/ To issue, manage, and guide the use of, forms applicable in property auction activities, books for monitoring auctioned property and property auction registers;

d/ To set a framework program on auction training courses and auction training institutions; and auction practice internship and examination of auction practice internship results;

dd/ To grant, revoke and re-grant auction practice certificates;

e/ To develop and manage a specialized property auction website; to guide and organize the publicization of information on this website;

g/ To conduct examination and inspection, and handle violations in the organization and operation of property auction organizations and auction activities carried out by the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions; and the organization and operation of auctioneers’ socio-professional organizations according to its competence;

h/ To summarize and report on property auction organization and operation;

i/ To carry out international cooperation in property auction;

k/ To perform other tasks and exercise other powers in accordance with this Law and other relevant laws.

Article 78. Responsibilities of ministries and ministerial-level agencies

1. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of property auction activities.

2. Responsibilities of the Ministry of Finance:

a/ To guide financial regulations in property auction activities;

b/ To provide the determination of reserve prices of auctioned property under its competence in accordance with law;

c/ To prescribe the collection, remittance, management and use of charges for appraisal of property auction practice criteria, operation registration conditions for property auction enterprises, grant of auction practice certificates and operation registration certificates of property auction enterprises;

d/ To provide the collection, payment, management and use of proceeds from the sale of auction dossiers and bidder-made advance payments which are non-refundable in accordance with law;

dd/ To set auction remuneration brackets.

Article 79. Responsibilities of provincial-level People’s Committees 1. Provincial-level People’s Committees shall perform the state management of property auction activities in localities, having the following tasks and powers:

a/ To organize the implementation of, and disseminate the law on property auction and policies on development of property auction profession;

b/ To organize the registration of operation of property auction enterprises and their branches;

c/ To decide on the appointment and relief from office of heads of property auction service centers;

d/ To ensure payrolls, physical foundations and working conditions for property auction service centers in accordance with regulations on public non-business units with revenues: to support the maintenance of security and order for auctions at the request of property auction organizations;

dd/ To consider and approve a scheme on autonomy mechanism applicable to property auction service centers, a scheme on transformation of property auction service centers into enterprises in case it is unnecessary to maintain these centers, and a scheme on dissolution of property auction service centers in case it is impossible to transform these centers into enterprises after reaching agreement with the Ministry of Justice;

e/ To conduct examination and inspection, and handle violations in property auction organization and operation in localities under their competence;

g/ To annually report on property auction organization and operation in localities to the Ministry of Justice;

h/ To perform other tasks and exercise other powers in accordance with law.

2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the state management of property auction activities in localities.