Discussion on the Draft Law amending and supplementing a number of articles of the Law on Property Auction

On the afternoon of November 8, continuing the program of the 6th session of the 15th National Assembly, the delegates discussed in groups on the draft Law amending and supplementing a number of articles of the Law on Property Auction. The National Assembly delegation of Binh Thuan province participated in the discussion in Group 15.

The majority of opinions at Group 15 agreed on the necessity of promulgating the Law amending and supplementing a number of articles of the Law on Property Auction to continue institutionalizing the Party's viewpoints and policies on perfecting the socialist-oriented market economic institution.

*Delegate Tran Hong Nguyen - National Assembly Delegation of Binh Thuan province discussed.*

Participating in giving comments related to auctioned assets, delegate Tran Hong Nguyen - National Assembly Delegation of Binh Thuan province agreed with the approach and way of raising the issue of auctioned assets as proposed by the Government. However, according to the delegate, such regulations will have limitations due to fear of duplication and cannot cover all cases that may occur, but if not stipulated in this document, there will be difficulties in the implementation process.

Regarding the rights and obligations of auctioneers, delegate Tran Hong Nguyen agreed with the draft law to add point d, clause 2, Article 19, which stipulates that auctioneers must participate in professional training according to regulations. According to the delegate, this provision is necessary, but it is necessary to review and clarify the relationship between the addition of this provision and the provisions in Article 21 of the Law on Property Auction. The delegate also proposed to review the provisions in Decree No. 62 of 2017 detailing a number of articles and measures for implementing the Law on Property Auction. Clause 3, Article 4 stipulates that people who are granted auctioneers' cards are not allowed to concurrently practice as bailiffs. According to the delegate, the content of this Decree needs to be included in the draft law because according to the provisions of the Constitution, human rights and civil rights can only be limited according to the provisions of the law. Currently, the content of this provision is being regulated in the Decree, along with the amendment and supplementation of the Law on Property Auction, it is appropriate to include this content. In addition, the delegate suggested that the Drafting Committee should continue to review to avoid duplication.

Regarding the abolition of some articles, points and clauses in the draft law, delegate Tran Hong Nguyen agreed with the Government's way of raising the issue. However, through research, the delegate suggested that the Drafting Committee should carefully and fully assess the impacts of the abolition of each specific provision of the Law on Property Auction to ensure consistency and synchronization, while not creating legal gaps in the implementation process.

*National Assembly Delegate of Binh Thuan province Bo Thi Xuan Linh discusses in group.*

National Assembly delegate of Binh Thuan province Bo Thi Xuan Linh gave specific comments on Article 4 - Auctioned assets. Accordingly, the draft law stipulates that there are 18 groups of assets in 18 groups of fields to be auctioned. According to delegate Bo Thi Xuan Linh, the provisions of the draft law in this section are very broad, still general, most of which are recorded as assets according to the provisions of the law. The delegate suggested that this provision should be reviewed, clearly expressed and supplemented with the provision that: "The Government shall specify this in detail to have a solid legal basis for implementation".

On the other hand, at point O there are regulations on bad debt and collateral of bad debt. According to delegate Bo Thi Xuan Linh, it is necessary to clarify more about the regulations on bad debt in auctions because this is a big issue, with specific characteristics, so it is necessary to have separate regulations for this content and rearrange the points scientifically.

Regarding Article 5 - National Asset Auction Portal, in Clause 13, delegate Bo Thi Xuan Linh suggested that it is necessary to specify more clearly the functions and tasks of the National Asset Auction Portal. In addition, it is necessary to supplement regulations on the establishment of asset auction investment floors in localities to promote asset auction activities to enhance transparency, publicity, and reduce procedural costs like the current common forms...

Delegate Dang Hong Sy gave his comments.

Comments on Article 4 - Regarding auctioned assets, according to National Assembly member of Binh Thuan province - Dang Hong Sy, the draft law must list the types of assets. The delegates basically agreed that in this draft, 18 types of assets and one article in point F are the types of assets that the law stipulates must be auctioned. However, the delegates suggested that the Drafting Committee also study and calculate so as not to miss any assets that, although not currently regulated by law, must be calculated to consider auctioning.

On the other hand, according to delegate Dang Hong Sy, a very big issue that has been discussed a lot but has not yet been determined about the brand is intellectual property. This is an intangible asset but the brand itself has created great value, so the delegate suggested that it is necessary to study and calculate whether the brand is auctioned in the asset auction. According to the delegate's explanation, in reality, when many enterprises are auctioned and then equitized and divested, the State brand that has been built up for many years will be lost and not counted as assets...

In addition, the delegate expressed concern about the water surface area, especially the sea surface area. The delegate suggested that the auction calculation should be considered, because there are locations with sea surface area that need many effective investors to do business in entertainment services or industrial production, etc. In addition, the delegate suggested that the calculation of assets confiscated during the fight against crime should be studied to avoid waste...

Source