On the afternoon of May 21, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law amending and supplementing a number of articles of the Law on Property Auction.
Speaking at the meeting, delegate Tran Van Tuan (Bac Giang delegation) gave specific comments on continuing to research, amend and supplement Article 38 (regulations on registration to participate in auctions).
According to Mr. Tuan, Clause 23, Article 1 of the draft Law on adding point e after point d, Clause 4, Article 38 stipulates that the following people are not allowed to register to participate in the auction, including: “Father, mother, wife, husband, children, brothers, sisters; parent companies, subsidiaries, enterprises in which individuals, organizations or groups of individuals, organizations have the ability to control the activities through ownership, acquisition of shares, capital contributions or through decision-making of the enterprise according to the provisions of the law on enterprises when registering to participate in the auction of the same asset”.
The additional regulation that subjects are not allowed to register to participate in the auction includes: "parent companies, subsidiaries, enterprises in which individuals, organizations or groups of individuals and organizations have the ability to control operations through ownership, acquisition of shares, capital contributions or through decision-making of enterprises according to the provisions of the law on enterprises when registering to participate in the auction in the same asset" is consistent with the provisions of Clause 2, Article 195 of the Law on Enterprises 2020; Article 12, Decree 47/2021/ND-CP detailing a number of articles of the Law on Enterprises 2020; Article 17a, Decree 10/2023/ND-CP guiding the implementation of the 2013 Land Law.
This will help avoid collusion to lower prices, “blue team, red team”, and negativity in property auction activities. However, the delegate suggested not to add the group of subjects that are not allowed to register to participate in the auction as “Father, mother, wife, husband, children, brothers, sisters, siblings”, because this regulation is not suitable both legally and practically.
Delegate Tran Van Tuan, Bac Giang delegation (Photo: Quochoi.vn).
Delegate Tran Van Tuan said that if the regulation does not allow fathers, mothers, wives, husbands, children, brothers, sisters, and siblings to register to participate in the auction of the same property, it will limit citizens' property ownership rights, is not in accordance with the Constitution and related legal provisions, and is not suitable for cases where the State auctions the right to use residential land to allocate land to individuals and organizations with land use fees.
“In reality, if fathers, mothers, wives, husbands, children, brothers, sisters, and siblings all have the right to register to participate in the auction of many different land lots with many other customers who are not related by blood or marriage, it does not affect the objectivity of the auction and is not the cause of collusion and price suppression,” said Mr. Tuan.
According to the delegate, the regulation that does not allow fathers, mothers, wives, husbands, children, brothers, sisters, and siblings to register to participate in an auction and bid for the same plot of land also creates extremely complicated administrative procedures for the auction organization in the process of carrying out procedures for customers to register to participate in the auction.
Therefore, he believes that if the prohibition as stated in the Draft above is not controlled, it will lead to errors that after the auction is completed, it will be discovered that the auction participants have a marital or blood relationship... and the auction winning result will have to be canceled and the auction will be re-auctioned.
“This will also create a huge consequence, causing costs and waste due to having to re-organize the auction, not to mention the fact that the organization of the asset auction has to face complicated disputes and lawsuits,” Mr. Tuan expressed.
Delegate La Thanh Tan, Hai Phong delegation (Photo: Quochoi.vn).
Also contributing to this content, delegate La Thanh Tan (Hai Phong delegation) said that in reality it is very difficult to implement because when organizing an auction, professional auction organizations cannot know all the family relationships among the auction participants such as father, mother, wife, husband, children, siblings... and do not have the conditions to verify the above information.
On the other hand, Mr. Tan said that the ownership of common property between husband and wife has been stipulated in the Law on Marriage and Family, parents and children, siblings all have their own civil capacity, independent of each other in terms of property.
“If this content is included in the draft Law on Property Auction, there needs to be a mechanism for implementation, ensuring feasibility in practice, as well as ensuring the rights of individuals when participating in auctions,” Mr. Tan said and suggested considering including this content in the draft Law.
In addition, delegates also requested clarification of what is meant by "capable of influencing activities" because this provision is qualitative and very difficult to determine in practice .
Source: https://www.nguoiduatin.vn/can-nhac-quy-dinh-cac-doi-tuong-khong-duoc-dang-ky-dau-gia-a664611.html
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