Continuing the program of the 6th session of the 15th National Assembly, on the morning of November 28, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Property Auction.
Participating in the discussion at the hall, delegate Tran Thi Hong Thanh (Deputy Head of the National Assembly Delegation of Ninh Binh province) agreed with the necessity of amending the Law on Property Auction, and at the same time said that the content of the draft Law has basically institutionalized the Party and State's policies and guidelines on socialization, digital transformation, prevention and combat of corruption, negativity, and waste; overcome institutional limitations and shortcomings, create a legal basis to promote professionalism, publicity, transparency, objectivity, and sustainability of auction activities; improve the effectiveness and efficiency of property auction activities, as well as state management of property auctions.
Commenting on the scope of amendments and supplements to the draft Law, delegates requested the drafting agency to review and study to add to the draft Law a number of provisions that the current Law does not yet stipulate to create a legal basis during the implementation process.
According to the delegate, the draft Law currently does not have specific procedures for auctioning assets for execution of judgments. Meanwhile, practice shows that: to put assets for execution of judgments up for auction, the time often lasts from the time of seizure, price agreement, selection of valuation organization, valuation, selection of asset auction organization, signing of auction service contract. In case the auction is unsuccessful, the asset price is reduced to continue selling...
Each of the above actions and tasks of the enforcement officer, organizations and agencies can be complained or denounced by the property owner/the person subject to enforcement, and the process of resolving complaints and denunciations takes a lot of time. In many cases, people are afraid of risks when buying property subject to enforcement, so the auction of property subject to enforcement is often organized many times without any buyers. When the auction is successful, in many cases, the person subject to enforcement/property owner objects in many ways, leading to delays in handing over the property to the buyer.
This leads to the rights of the person subject to enforcement and the auction winner being affected; the enforcement agency faces the risk of complaints, denunciations and state compensation... Therefore, the delegate proposed to study and supplement specific regulations on the order and procedures for auctioning assets for enforcement in the draft Law.
In addition, delegates also proposed to supplement regulations on personal conditions and authorized persons to participate in the auction; supplement regulations clearly defining cases, grounds and procedures for postponing the auction.
Regarding the regulation on changing the address of the head office of an asset auction enterprise from one province or centrally-run city to another (Clause 6, Article 1 of the Draft), the delegate proposed to study and supplement the regulation on the obligations that the asset auction enterprise must perform towards the tax authority when changing the head office location to ensure consistency with the provisions of the law on tax and the law on enterprises.
At the same time, it is proposed to add specific regulations for the case where an asset auction enterprise has not completed the asset auction service contract, can it change its head office address?
Regarding the decision on the deadline for signing the contract for the sale of auctioned assets after the auction ends, the delegate suggested that the drafting agency add a deadline for the competent state agency to approve the auction results after the auction ends, because in addition to the assets transferred through the signing of a sale contract, there are assets that are not transferred through the signing of a sale contract but are approved by the competent state agency for the auction results...
In addition, delegates also gave specific comments on Clause 11, Article 1 and regulations on sanctions for violations in property auction activities.
In the afternoon, the National Assembly discussed in the hall the draft Law on National Defense Industry, Security and Industrial Mobilization. During the day, the National Assembly voted to pass the Resolution on piloting a number of specific mechanisms and policies on investment in the construction of road traffic works; voted to pass the Law on Forces Participating in Protecting Security and Order at the Grassroots Level and the Law on Real Estate Business (amended).
Mai Lan
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