Thông tư 14/2018/TT-BTP quy tắc đạo đức nghề nghiệp đấu giá viên

CIRCULAR

ISSUING PROFESSIONAL ETHICS OF AUCTIONEERS

Pursuant to the Law on Property Auction No. 01/2016/QH14 dated November 17, 2016;

Pursuant to the Government's Decree No. 96/2017/ND-CP dated August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Upon the request of the Director of the Agency of Judicial Support;

The Minister of Justice hereby promulgates the Circular issuing the professional ethics of auctioneers.

Article 1. Scope

Professional ethics of auctioneers shall be issued together with this Circular.

Article 2. Entry into force

This Circular shall enter into force from December 12, 2018.

Article 3. Implementation responsibilities and organizations

The Chief of the Office, the Director of the Agency of Judicial Support, the Heads of affiliates of Ministries, the Directors of Departments of Justice in provinces and centrally-affiliated cities, socio-professional organizations of auctioneers, property auctioning organizations, wholly state-owned organizations established by the Government to handle bad debts of credit institutions, auctioneers and other related organizations or individuals shall be responsible for implementing this Circular ./.

PROFESSIONAL ETHICS OF AUCTIONEERS

(Annexed to the Circular No. 14/2018/TT-BTP dated October 16, 2018 of the Minister of Justice)

Foreword

Property auction refers to one of common forms of sale of property in the market economy in order to maximize value of property sold at auction by its owner. By performing his/her professional activities, an auctioneer may contribute to disposing of property to ensure public disclosure, transparency, equality, objectivity and optimal protection of legitimate rights and interests of the owner of auctioned property, especially state-owned property and property subject to the disposal measure taken in the auction form as per laws.

By virtue of working in the legal support profession which has particular characteristics, auctioneers must comply with both laws and professional ethics while at work.

Auctioneer’s professional ethics prescribe ethical and behavioral standards of auctioneers in practice, serve as a basis for their voluntary moral training at work and in social life in order to improve their legal and professional responsibilities, professionalism and prestige in property auctioning activities in society.

Chapter I

GENERAL PRINCIPLES

Article 1. Protecting legitimate rights and interests of individuals and organizations

An auctioneer shall be obliged to protect legitimate rights and interests of the owner of the auctioned property, the auction participant, the auction winner and the buyer of the auctioned property, and those of other relevant individuals and organizations.

Article 2. Principles of practicing as an auctioneer

When practicing as an auctioneer, he/she must comply with the following principles:

1. Comply with the Constitution, laws and avoid violating social ethics.

2. Assure independence, honesty, public disclosure, transparency, equality and impartiality during the process of conducting auctions, and prevent impacts on property auctioning results for any reasons.

3. Directly run a property auction, bear responsibility before laws and for carrying out auctioning of property in the auction of which he/she is in charge, and pay compensation for any mistake that he/she has caused for the property auction organizer in accordance with laws.

4. Comply with regulations included herein and statutes of socio-professional organizations for auctioneers of which he/she is a member.

Article 3. Respect and protection of prestige of the auctioneer profession

1. An auctioneer shall be responsible for respecting and protecting prestige of his/her profession, avoid performing any act that may cause harm to the prestige of the property auction organizer for which he/she works, honor and prestige of the auctioning profession.

2. As an auctioneer, he/she must behave in a civilized and polite manner while practicing his/her profession.

Article 4. Self-improvement and self-education

An auctioneer must incessantly train in ethical standards, improve his/her knowledge and professional skills, play active roles in taking part in training and educational courses and try his/her best to improve work quality, professional morals, specialization and professionalization of auctioning activities.

Article 5. Professional responsibility

1. An auctioneer shall be prohibited from earning personal profits by making use of his/her reputation.

2. An auctioneer must show his/her dedication and responsibility for his/her assigned duties, use his/her professional knowledge and skills to ensure effectiveness and legitimacy of auctions.

3. The auctioneer undertaking an auction shall be obliged to carefully study legislative regulations and materials related to auctioned property, procedures and processes for auctioning and formulation and completion of property auctioning documentation, and conduct an auction in compliance with laws. After an auction ends, an auctioneer must hand over all required auctioning documentation for the purpose of being deposited with a property auction organizer in accordance with laws.

4. An auctioneer shall be obliged to ensure security for information in accordance with laws and agreements between auction participants, and avoid using information collected from the conduct of an auction to serve private needs.

Chapter II

RELATIONSHIP WITH OWNERS OF PROPERTY SOLED AT AUCTION, AUCTION PARTICIPANTS AND AUCTION ORGANIZERS

Article 6. Relationship with owners of property sold at auction

1. An auctioneer shall not be allowed to collude or intrigue with an owner of property sold at auction to falsify auction information, suppress the price below the true market price and fabricate auction documentation or results.

2. An auctioneer shall be banned from giving or receiving any monetary amount, property or benefits from an owner of property sold at auction to create fraudulent auction results.

3. In case where an auctioneer discovers an owner of property sold at auction colludes or intrigues with any other individual or organization to falsify information about auctioned property, suppress the price of the auctioned property below the true market price, create fraudulent auction documentation or results, receives any monetary amount or property or benefit from any other organization or individual to fabricate auction results or commits any violation against laws, he/she must advise the auction organizer of these cases; if there is sufficient ground for any violation against laws, he/she must report to a competent authority for possible actions to be taken in accordance with laws.

Article 7. Relationship with auction participants

1. An auctioneer shall not be allowed to collude or intrigue with auction participants or receive or ask for any monetary amount from them to suppress the price below the true market price and falsify auction results.

2. An auctioneer shall be prohibited from performing any act to prevent organizations or individuals from participation in an auction in breach of laws, or causing any harassment or difficulty for auction participants.

3. An auctioneer shall not be entitled to disclose information about auction participants and bids that they have submitted before announcement of auction results in case of an auction conducted in the form of indirect ballots, unless otherwise provided by laws.

4. In case where an auctioneer discovers that an auction participant provides incorrect information or materials, uses fraudulent papers for enrolling in the auction, participating in an auction, colludes or intrigues with any other organization or individual to suppress the price below the true market price, falsify auction results, hinders auction activities, causes public disturbance or commotion in an auction, threats or forces any other auction participant in order to create fraudulent auction results or commits any other violation against laws, he/she shall be entitled to deprive such auction participant of the participation right, halt the auction and inform the property auction organizer to seek any possible action to be imposed in accordance with laws.

5. An auctioneer shall be prohibited from practicing sex, age, ethnicity, racial, religious, nationality, social status and financial capability discriminations between auction participants when they have satisfied legally required conditions for participation in an auction, and ensure equal treatment between auction participants.

Article 8. Relationship with auction organizers

1. An auctioneer must observe internal rules and regulations of an auction organizer, and submit to the governance and the decision on personnel assignment and dispatch of the property auction organizer.

2. An auctioneer shall be responsible for participating in the professional liability insurance program through a property auction in order to provide for occupational risks or accidents that may occur.

3. In case where an auctioneer discovers that a property auction organizer colludes or intrigues with an owner of property sold at auction, auction participant, property appraiser or auctioned property evaluator, other individual or organization to falsify auction information, suppress the price below the true market price, fabricate auction documentation and results, hinders or troubles auction participants with respect to registration for participation in an auction, participation in an auction, reveals information about auction participants in order to make personal gains, receives any monetary amount, property or benefit from an owner of property sold at auction to falsify auction results or commits any other violation against laws, he/she must inform the competent authority to seek possible actions to be taken in accordance with laws.

Chapter III

RELATIONSHIP WITH COLLEAGUES AND SOCIO-PROFESSIONAL ORGANIZATIONS FOR AUCTIONEERS, AUCTIONEER INTERNS, TRAINEES AND OTHER RELATED ORGANIZATIONS OR INDIVIDUALS

Article 9. Relationship with colleagues and socio-professional organizations for auctioneers

1. An auctioneer shall be obliged to respect and protect the honor of his/her colleagues, preserve and promote the spirit of solidarity, show friendliness and cooperation in aiding each other to accomplish assigned duties, avoid placing pressure, posing threats or committing any other violation against laws, breach of social ethics against colleagues to gain personal advantages, and shall not be allowed to perform any other acts of unhealthy competition.

2. An auctioneer shall be responsible for overseeing his/her colleagues and assisting them in professional practices, showing determination in eliminating errors arising from auctioning activities on the basis of respect for colleagues, and incessantly studying to aim for the sustainable development of the auctioneer profession.

3. When detecting any mistake that a colleague makes during the process of practicing as an auctioneer, an auctioneer shall be obliged to straightforwardly address the issue without looking down on the honor or prestige of the colleague at fault, and inform the in-charge senior person if such defect is considered as a violation against laws or causes impacts on legitimate rights and interests of an organization or individual.

4. An auctioneer shall be responsible for giving instructions and support to colleagues who newly practice as an auctioneer.

5. An auctioneer should voluntarily participate in professional and other social campaigns organized or promoted by the State, an auction organizer, a socio-professional organization for auctioneers in order to contribute to the general development of the auctioneer profession.

Article 10. Relationship with auctioneer trainees or interns

1. An auctioneer shall be obliged to participate in the task of guiding auctioneer trainees or interns, raising his/her sense of responsibility and dedication to convey professional knowledge and experience to them.

2. An auctioneer who is in charge of instructing a trainee or intern shall not be allowed to perform the following acts:

a) Personally discriminate against trainees or interns that he/she is in charge of giving guidance;

b) Ask for any material or spiritual benefit from trainees or interns;

c) Collude with an auctioneer trainee or intern to make incorrect or fraudulent reports on training or internship performance results;

d) Make use of an instructor’s position to force his/her trainee or intern to perform duties that fall outside of the training or internship scope, or commit violations against law soft or breach of social ethics, in order to obtain personal gains.

Article 11. Relationship with related entities or individuals

1. An auctioneer shall not be allowed to collude or intrigue with a property appraisal or evaluation body, other organization or individual to falsify auction information, suppress the price below the true market price and fabricate auction documentation or results.

2. An auctioneer should politely and respectfully treat related entities or individuals providing auction services.

Chapter IV

INSPECTION, AUDIT, OVERSIGHT AND REWARDING AND SANCTIONING

Article 12. Inspection, audit and oversight of compliance with professional ethics of auctioneers

1. The Director of the Agency for Judicial Support, the Chief Inspector of the Ministry of Justice shall, within the scope of their rights and duties, bear responsibility for carrying out the inspection, audit and oversight of compliance with the professional ethics of auctioneers across the nation.

2. Directors of Departments of Justice in provinces and centrally-affiliated cities shall be responsible for inspecting, auditing and overseeing implementation of the professional ethics of auctioneers applied to auctioneers and property auction organizers at localities under their jurisdiction.

3. Socio-professional organizations for auctioneers shall be responsible for overseeing the implementation of the professional ethics of auctioneers applied to auctioneers under their control.

4. Property auction organizers shall be responsible for overseeing the implementation of the professional ethics of auctioneers applied to auctioneers under their control.

Article 13. Rewarding and sanctioning

1. Any auctioneer becoming an exemplary in implementation of the professional ethics of auctioneers shall be entitled to recognition and accreditation granted by the State or socio-professional organizations.

2. Any auctioneer in breach of the professional ethics of auctioneers shall, depending on the nature and degree of violation, be subject to actions in the form of reprimand or censure or disciplinary actions according to the Statutes of socio-professional organizations of auctioneers, administrative penalties or criminal prosecutions under laws./.