This afternoon, May 21st, the National Assembly discussed in the plenary session several issues on which there are differing opinions regarding the draft Law amending and supplementing a number of articles of the Law on Auctioning Assets.
Regarding the regulations on who is ineligible to participate in auctions, many delegates expressed concerns about the draft addition: "Parents, spouses, children, siblings, parent companies, subsidiary companies, and businesses in which individuals, organizations, or groups of individuals or organizations have the ability to control operations through ownership, acquisition of shares, capital contributions, or through decision-making of the business when registering to participate in the auction for the same asset."
Representative Tran Van Tuan ( Bac Giang delegation) suggested that the group of individuals ineligible to register for the auction, including parents, spouses, children, siblings, and other close relatives, should not be added because this regulation is inappropriate both legally and practically.
Legally, according to the Constitution, the Civil Code, and the Law on Marriage and Family, all citizens in general, and the aforementioned individuals in particular, have the right to own property and possess private assets, especially in cases where these individuals have moved out, started their own families, and have their own income.
Therefore, if the regulation prohibits parents, spouses, children, siblings, and other close relatives from registering to participate in auctions for the same property, it restricts citizens' property rights, is inconsistent with the constitution and relevant legal regulations, and is inappropriate for cases where the state auctions land use rights to allocate residential land to individuals and organizations with land use fees.
In reality, an auction for land use rights for residential purposes, which typically includes multiple different plots of land, often involves multiple separate lots. If parents, spouses, children, siblings, or other relatives have the right to register to participate in the auction for multiple plots of land, along with other customers who are not related by blood or marriage, this does not affect the objectivity of the auction and is not a cause of collusion or price manipulation.
On the other hand, the above regulation also creates extremely complex administrative procedures for auction organizations during the process of registering customers to participate in the auction.
"In an auction with hundreds of participants, the procedure of verifying whether these individuals are related by marriage or blood is an extremely difficult, complex, and challenging issue. If, after the auction, a discrepancy is discovered, the winning bid must be canceled and a new auction held, creating significant negative consequences, causing expense and waste," Representative Tran Van Tuan analyzed.
Agreeing with the above opinions, delegate La Thanh Tan ( from Hai Phong delegation) noted that while the regulations in the draft law aim to limit collusion and price manipulation when bidding on the same asset among those with the aforementioned relationship, they are very difficult to implement in practice.
Because, when organizing an auction, professional auction houses cannot know all the family relationships among the participants, such as parents, spouses, children, siblings, and do not have the means to verify such information.
The delegate suggested considering including this content in the draft law. If included, a mechanism is needed to ensure its feasibility in practice and to protect the rights of individuals participating in auctions. Furthermore, according to Mr. Tan, it is necessary to clarify what constitutes "the ability to influence activities," as this regulation is qualitative and very difficult to define in practice.
Also addressing this issue, Representative Nguyen Minh Tam (Quang Binh delegation) argued that this regulation, when applied, would create many difficulties and lead to different interpretations, resulting in complaints and accusations against auction participants.
Specifically, the law only generally defines family members as father, mother, or child, whereas Clause 16, Article 3 of the Law on Marriage and Family defines family members as broader.
“To resolve this issue and ensure feasibility and consistency in the application of the law, I propose that the draft clearly define whether ‘father’ and ‘mother’ refer to biological parents or both adoptive parents; whether ‘stepfather’ and ‘stepmother’ refer to biological children or both adopted children, including daughters-in-law and sons-in-law. Similarly, siblings, half-siblings… also need to be clearly defined,” – Representative Tâm suggested.
Similarly, delegate Hoang Duc Thang (Quang Tri delegation) believes that the draft regulation aims to ensure strictness and prevent bidders from bringing in family members as "dummy bidders," thus compromising objectivity. However, in reality, such a regulation would create many complex problems and restrict citizens' rights.
"I support this option, but it needs careful consideration. If it's deemed incomplete, it shouldn't be included in this draft law," Mr. Thang stated.
Source: https://vov.vn/chinh-polit/khong-cho-vo-chong-cung-dau-gia-de-tranh-thong-dong-chua-hop-ly-kho-kha-thi-post1096651.vov
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