The Chairman of the People's Committee of Binh Dinh province recently gave his opinion on assigning the Department of Natural Resources and Environment (TN&MT) to direct the Provincial Land Fund Development Center to re-examine the case file of two biological sisters auctioning the same land lot in Long Van New Urban Area (Quy Nhon City), propose handling, report to the Department of Justice for consideration, and propose the Provincial People's Committee to decide.
Long Van new urban area in Quy Nhon city, Binh Dinh.
The inspection and review was based on the request of the Department of Natural Resources and Environment sent to the Department of Justice for consideration and the Department of Justice reported to the Provincial People's Committee not recognizing the results of the auction of land use rights because it believed that the participation of two biological sisters in the auction of the same land plot could not ensure the objectivity stipulated in the auction principles of the Law on Property Auction.
According to the records, on August 20, Dong Duong Joint Stock Auction Company organized an auction of land use rights in Long Van New Urban Area (Area A2), Tran Quang Dieu Ward, Quy Nhon City.
Binh Dinh Province Land Fund Development Center, while opening the box containing documents and bid forms, through checking the auction documents, discovered that customers Nguyen Thi L and Nguyen Thi P were both bidding for land lot LK2-15. And more specifically, the two customers were related by blood.
The auction registration form did not include the customer's phone number, so it could not be verified at that time. The people authorized to participate in the auction on behalf of Ms. P and L affirmed that Ms. P and Ms. L were not related by blood and requested to continue the auction.
As a result, Ms. P won the auction for the land lot for 1.5 billion VND, equal to the starting price. After the auction, through investigation, Ms. L and Ms. P admitted that they were biological sisters and that due to work, they had authorized someone else to participate in the auction.
Faced with the above complicated situation, the departments met to agree and propose to the Provincial People's Committee to not recognize the auction results and refund the deposit to the two sisters, Ms. P and L.
Previously, to " ensure independence, honesty, publicity, transparency, fairness, and objectivity " as stipulated in Clause 2, Article 6 of the Law on Property Auction 2016, Dong Duong Joint Stock Auction Company included in the auction regulations the provision " In a land lot, people with marital, blood, or foster relationships according to the law on marriage and family are only allowed to participate in the auction by one individual ".
However, according to the sectors, the province did not specify the additional conditions on the above relationship in the auction regulations and was not consistent with the provisions of the Law on Property Auction as stipulated in Clause 3, Article 38, Law on Property Auction 2016.
Specifically: " In addition to the conditions for registration to participate in auctions prescribed in this Law and relevant laws, the person with the property to be auctioned and the auction organization may not set additional requirements or conditions for auction participants ."
Nguyen Gia
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