Quynh Luu district does not recognize the auction results of 23 land lots for the accountant of Quynh Ba commune.

On May 30, 2023, the People's Committee of Quynh Luu district signed a contract with Quang Cong Minh Joint Stock Auction Company for this unit to auction 56 residential land lots in Quynh Hung commune (Contract No. 05/2023/HDDVĐG). From May 31, 2023 to June 20, 2023, Quang Cong Minh Joint Stock Auction Company carried out the auction organization process by indirect voting according to the provisions ofLaw on Property Auctionand documents guiding implementation (including promulgation of Auction Regulations, Auction Notice, public listing, sale of documents, collection of documents, deposit, holding auction for customers to vote and opening of bid results announcement...).

Quynh Hung Commune People's Committee Hall is a place with sound system, lighting, projector, security camera..., ensuring good service for the voting as well as supervision work, so it was chosen as the venue.

The voting and price announcement session took place on the morning of June 20, 2023, organized publicly, under the supervision of the District Land Use Rights Auction Supervision Team (established under Decision No. 58/QD-UBND dated January 12, 2022), and representatives of the District People's Committee, representatives of the departments: Justice, Finance - Planning, Natural Resources and Environment, District Police, Chairman of the People's Committee of Quynh Hung commune.

Result: The auctioneer announced at the auction as follows: There are a total of 56 land lots (total area of ​​11,467.70 m²) was auctioned with a total starting value of 59,798,749,500 VND. After 312 customers participated in the auction, 56 lots/56 lots were successfully auctioned (reaching a rate of 100%) with a total winning auction amount of85,620,500,000VND. The total difference between the winning auction price and the starting price is25,821,750,500copper (42.7%).

The land lot with the highest difference in winning bid price is lot number 15, with the winning bid price of VND 2,738,000,000, a difference of VND 863,000,000 compared to the starting price (difference ratio of 46%); the land lot with the lowest difference in winning bid price is lot number 06 with the winning bid price of VND 1,000,000,000, a difference of VND 200,000,000 compared to the starting price (difference ratio of 25%).

After the auction on June 20, the People's Committee of Quynh Luu district received a number of complaints that some people who were not eligible to participate in the auction still voted and were recognized by the Auctioneer as the auction winner. The People's Committee of the district directed the District Land Use Rights Auction Supervision Team to coordinate with relevant departments and branches to verify and clarify the information. On June 28, 2023, the District Land Use Rights Auction Supervision Team sent Report No. 09/BC-TGS to the District People's Committee, in which it reported that Mr. Nguyen Van Trong (Finance - Accounting officer of Quynh Ba commune - PV), who was identified by the Auctioneer as the auction winner of 23 land lots in the Dong Quan planning area, hamlet 5, Quynh Hung commune, is the younger brother of the person who signed the decision approving the starting price of the above land lots.

Based on the report of the District Land Use Rights Auction Supervision Team, on July 3, 2023, Chairman of the District People's Committee Hoang Van Bo directed a meeting to give opinions on handling the auction results of 23 residential land lots in the Dong Quan planning area, hamlet 5, Quynh Hung commune. After that, the Quynh Luu District People's Committee unanimously concluded:

The auction of residential land lots in Quynh Hung commune on June 20, 2023, conducted by Quang Cong Minh Joint Stock Auction Company, took place objectively and in accordance with legal procedures. The winning bid at the auction was VND 85,620,500,000, exceeding the starting price by VND 25,821,750,500, reaching a rate of 42.7%.

However, because the Auctioneer did not carefully check and review the customer's qualifications when participating in the auction, there was a case where Mr. Nguyen Van Trong, who won the auction of 23 land lots, was not eligible to participate in the auction (according to the provisions of Point b, Clause 4, Article 38 of the Law on Property Auction 2016; Point b, Clause 3, Article 8 of Decision 12/2018/QD-UBND dated March 2, 2018 of the People's Committee of Nghe An province promulgating regulations on auction of land use rights to allocate land with land use fees or lease land in Nghe An province).

Therefore, the People's Committee of Quynh Luu district does not recognize the auction results for the 23 land lots announced by the Auctioneer and determines that Mr. Nguyen Van Trong is the auction winner due to violating the above legal provisions..

The People's Committee of Quynh Luu District assigned Quang Cong Minh Joint Stock Auction Company to urgently complete the procedures to handle 23 residential land lots that were announced by the company's auctioneer as winning auctions but violated the law; report and clearly explain the responsibilities in the process of implementing the auction process and procedures for the errors that occurred.

Assign the District Land Use Rights Auction Supervision Team to direct Quang Cong Minh Joint Stock Auction Company to urgently carry out procedures to handle 23 land lots that do not meet the conditions for recognition of auction results according to regulations and conduct the re-auction process of the above land lots to ensure timeliness, objectivity, and compliance with legal regulations.

Monitor, inspect and supervise auction organizations in general, Quang Cong Minh Joint Stock Auction Company in particular in implementing the asset auction process in the area to serve as a basis for evaluating and scoring the selection of auction organizations in the coming time. Seriously review the responsibility of the Supervisory Team in allowing errors to occur in the process of supervising the auction of the above land lots.

At the same time, the District People's Committee directed the Department of Home Affairs to coordinate with relevant departments and the People's Committee of Quynh Ba commune to direct Mr. Nguyen Van Trong, a Finance - Accounting officer of the commune, to report specifically on the incident and organize a serious review, clarify responsibilities, propose a form of handling (if any) for not carefully studying the provisions of the law when participating in the auction, causing violations, affecting the results of the auction, affecting the reputation of the civil servant himself, individuals, agencies and related units.