On the morning of March 14, the National Assembly Standing Committee gave opinions on explaining, accepting and revising the draft Law amending and supplementing a number of articles of the Law on Property Auction.
National Assembly Chairman Vuong Dinh Hue delivered the opening speech at the session.
Reporting at the meeting, Deputy Chairman of the National Assembly's Economic Committee Nguyen Minh Son said that after being received and revised, the draft Law has amended and supplemented 42 articles and clauses of the current Law; increasing 16 articles and clauses compared to the draft Law submitted to the National Assembly at the 6th Session, but mainly amending the legislative technique, not creating many new policies. Therefore, the construction of the draft Law amending and supplementing a number of articles of the Law on Property Auction is consistent with the scope of the amendment.
Regarding auctioned assets (Article 4), the Standing Committee of the Economic Committee found that the current Law and the draft Law are regulating in the direction of listing the types of assets that, according to specialized laws, must be sold through auction and applying uniform auction procedures to these types of assets. In addition, specialized laws also stipulate which assets and what values must be sold through auction, which assets and what values must not be sold through auction, which assets must be auctioned for the right to use (lease rights), and which assets must be auctioned for the right to ownership. At the same time, the current Law and the draft Law both have general provisions on other assets that, according to specialized laws, must be sold through auction to ensure comprehensiveness, completeness and forewarning of assets that may arise in the future.
Regarding the deposit and handling of the deposit (Article 39), the Standing Committee of the Economic Committee believes that raising the deposit for some special assets such as land use rights in cases of land allocation and lease for investment projects, mineral exploitation rights and other assets is inappropriate because special assets often have very large values. According to the Report of the Drafting Agency, the implementation of the provisions on the deposit from 5% to 20% of the current Law is basically consistent with reality, creating conditions to attract many people to participate in the auction. International practice does not have specific regulations on the deposit for participating in auctions, accordingly, auction companies set their own deposit levels depending on the type of auctioned asset and the form of auction.
Thus, raising the deposit amount does not completely resolve the situation of abandoning the deposit after winning the auction of assets, but also limits the number of people eligible to participate in the auction of assets, especially small-scale but potential investors. At the same time, the situation of auction winners "abandoning the deposit" must be handled in other forms, not just by regulating the increase of the deposit amount. However, there are opinions suggesting that it is necessary to study the increase of the deposit amount when auction participants bid unusually high prices during the auction to prevent the situation of abandoning the deposit after winning the auction of assets.
Through discussion, the majority of members of the National Assembly Standing Committee highly agreed with the Report on some major issues on the draft Law; stating that the Economic Committee actively received opinions of National Assembly deputies at the 6th Session, chaired and coordinated with the drafting agency and the Ministry of Justice to complete the draft Law.
Regarding information on assets and information disclosure, Secretary General of the National Assembly, Head of the National Assembly Office Bui Van Cuong said that in reality, there may be some problems and inadequacies. Specifically, according to the draft Law, each asset must clearly state the name of the person owning the asset for auction, and information about the asset for auction. "However, information on auctioned assets about real estate is often not transparent. Many auction organizations record information about assets as real estate but do not record the house number or street, but only record the land lot and map, leading to difficulties in monitoring, management and identification," the Secretary General of the National Assembly analyzed and suggested that it is necessary to regulate the recording of asset information by street for easy tracking.
National Assembly Chairman Vuong Dinh Hue said that the draft Law is related to many other laws, such as the Law on Bidding, the Law on Land, the Law on Credit Institutions, the Law on Enterprises, the Law on Management and Use of Public Assets, the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Law on Telecommunications, the Law on Radio Frequencies, etc. However, there are still some specific contents that are not compatible. Therefore, the National Assembly Chairman requested that agencies continue to review to avoid overlap.
Regarding the National Asset Auction Portal and the role and responsibility of the Ministry of Justice, the National Assembly Chairman suggested that the concept of the National Asset Auction Portal in the draft Law should be completed, clarifying the requirements for management, connection, and data sharing according to the provisions of this Law and relevant laws. At the same time, the draft Law needs to supplement the responsibilities of the Ministry of Justice not only to build, manage, and guide the use of the National Asset Auction Portal, but also to have regulations to meet the requirements for information storage and security.
Concluding the session, Vice Chairman of the National Assembly Nguyen Duc Hai requested the Economic Committee to coordinate with relevant agencies to continue reviewing and ensuring full acceptance of opinions from National Assembly deputies and members of the National Assembly Standing Committee, fully institutionalizing the Party's policies, meeting the requirements set out when amending the Law, contributing to reforming administrative procedures but at the same time fighting against corruption and practicing thrift.
The Vice Chairman of the National Assembly suggested that agencies continue to review and complete regulations on auctioned assets, ensuring coverage of all types of assets to be auctioned, avoiding practical obstacles, completing regulations on prohibited acts, sanctions, deposits, and handling of deposits to overcome manipulation of auctions for profit, re-auctions, and charity-related auctions...
The Vice Chairman of the National Assembly noted reviewing regulations on starting prices and asset appraisal to ensure no overlap with specialized laws, reviewing regulations on auctioneer standards, subjects exempted from auction training, regulations expanding the rights of auction organizations, reviewing the concept of auction service providers to ensure strictness, feasibility, suitability with reality and not creating legal gaps./.
According to VNA
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