Chương 5 Nghị định 17/2010/NĐ-CP: Quản lý Nhà nước về bán đấu giá tài sản

Chapter V

STATE MANAGEMENT OF PROPERTY AUCTION

Article 50. Responsibilities of the Ministry of Justice

The Ministry of Justice is an agency assisting the Government in performing the unified state management of property auction organization and operations nationwide and has the following tasks and powers:

1. To elaborate and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on property auction organization and operations, and guide their implementation.

2. To promulgate, manage, and guide according to its competence the use of, forms of documents and papers in property auction, books for monitoring auctioned property and property auction registers; to promulgate the form of auctioneer's card.

3. To stipulate the framework programs for auction profession training courses and auction profession training establishments.

4. To issue, revoke and re-issue auction practice certificates.

5. To examine and inspect property auction organization and operations according to its competence.

6. To summarize and annually report to the Prime Minister on property auction organization and operations.

7. To implement international cooperation in property auction.

8. To perform other tasks and exercise other powers assigned by the Government.

9. To perform other tasks and exercise other powers provided for by law.

Article 51. Responsibilities of the Ministry of Finance

1. To guide financial regulations applicable to property auction operations.

2. To guide the determination of the reserve price of to-be-auctioned property being state property or material evidences or means used in administrative violations.

3. To provide general guidance on rates and the management and use of the fee for issuance of auction practice certificates and the auction charge which are state budget revenues under the law on charges and fees.

4. To perform other tasks and exercise other powers provided for by law.

Article 52. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

Within the ambit of their tasks and powers, ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Justice in the state management of the auction of property under their management.

Article 53. Responsibilities of provincial-level People's Committees

1. Provincial-level People's Committees shall perform the state management of properly auction operations in their localities and have the following tasks and powers:

a/ To decide on the appointment and relief from duty of directors of property auction service centers;

b/ To assure payrolls, physical foundations and working conditions for such centers under regulations applicable to revenue-generating non-business units;

c/ To set specific rates of the auction charge for application in their localities, pursuant to resolutions of provincial-level People's Councils and the law on charges and fees;

d/To examine, inspect, and handle violations related to property auction organization and operations in localities according to their competence;

e/To annually report to the Ministry of Justice on property auction organization and operations in localities for summarization and reporting to the Prime Minister;

f/ To perform other tasks and exercise other powers provided for by law.

2. Provincial-level Justice Departments shall assist provincial-level People's Committees in performing the state management of property auction in localities, and have the following tasks and powers:

a/ To guide local property auction organizations in property auction operations;

b/ To formulate a scheme on the roadmap for converting property auction service centers to operate as enterprises, for provinces and centrally run cities with two or more property auction enterprises, submit it to provincial-level People's Committees for approval and organize the implementation of the scheme after it is approved;

c/To examine, inspect, and handle violations related to property auction organization and operations in localities according to their competence;

d/ To annually or extraordinarily report on property auction organization and operations in localities to provincial-level People's Committees and the Ministry of Justice;

d/ To perform other tasks and exercise other powers under decisions of chairpersons of provincial-level People's Committees or authorization of the Minister of Justice.

Article 54. Handling of violations of property auction organizations, auctioneers and bidders

1. Property auction organizations which violate this Decree shall be administratively sanctioned; if causing damage, they shall pay compensation under law.

2. Auctioneers who violate this Decree shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability.

3. Bidders that violate this Decree shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation under law.

4. Acts of administrative violation and the forms, competence and procedures for handling administrative violations in property auction comply with the law on handling of administrative violations in judicial and other relevant domains.