Nghe An prevents collusion and connection in property auctions
(Baonghean.vn) - Based on Circular No. 02/2022/TT-BTP of the Ministry of Justice dated February 8, 2022 on guidelines for selecting property auction organizations and based on the practical implementation of property auction activities in Nghe An, on September 7, 2022, the People's Committee of Nghe An province issued Document No. 6776/UBND-KT guiding the management and supervision of this work.
Specifically, the People's Committee of Nghe An province directed the directors of provincial departments, branches, and sectors, and the People's Committees of districts, cities, and towns on the following contents:
Further strengthen the role and responsibility of competent persons in asset management and asset owners in approving plans.Land use rights auction, in which, focusing on the conditions of auction participants according to the provisions of law, especially on equity, financial capacity, investment project implementation plan, directing the agency assigned to bid to coordinate with the auction organization in a timely manner.detect signs of collusion, connections between businesses participating in the auction such as parent businesses, subsidiaries, businesses participating in the auction founded by the same person or group of people, holding controlling shares...
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The headquarters of the Quynh Luu Protective Forest Management Board in Quynh Thach commune has been transferred to the Quynh Luu Forestry Company, but the headquarters and land have not been transferred or auctioned to another unit for use, causing waste. Photo: Nguyen Hai |
Based on the practical situation of the unit, organize propaganda and dissemination of the content of Circular No. 02/TT-BTP to relevant agencies and organizations, ensuring full and accurate understanding of the Circular; implement synchronously and consistently whenSelect auction organizationto conduct asset auctions; to implement or direct the people with assets under their management authority to properly implement the provisions of Circular No. 02; to strengthen the inspection and supervision of agencies and organizations assigned to auction assets, especiallypublic property, strictly handle violations.
To correctly understand and consistently apply Circular No. 02, the Provincial People's Committee specifically notes the following issues:
-Firstly, the selection of auction organizations according to Circular No. 02 is applied to asset auction organizations, branches and representative offices of asset auction organizations that can submit documents in lieu of registration documents for participation in the selection, but such documents must be in the name of the asset auction organization and must be duly authorized by the asset auction organization. The asset owner does not accept registration documents for participation in the selection under the name of the branch or representative office of the asset auction organization. The result of the selection of asset auction organizations is the result of the evaluation and scoring of each registration document of each asset auction organization.
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Representatives of functional departments of Hoang Mai town and people supervise a direct land auction in Quynh Trang commune. Photo: Nguyen Hai |
- The 12-month period from the date of application submission for cases where auction organizations are deducted points according to the provisions of Circular 02 starts from March 25, 2022.
- Auction service contracts for assets of the same type as the assets expected to be auctioned as prescribed in Circular 02 include asset auction service contracts or contracts to amend or supplement signed asset auction service contracts.
- The average difference between the winning auction price and the starting price of the auctions of the same type of assets as the expected assets to be auctioned in the previous years of the asset auction organization according to the provisions of Clause 1, Section III, Appendix I, Circular 02, is calculated according to the formula: Take the difference between the average of the winning auction price and the average of the starting price multiplied by 100 and divided by the average of the starting price.
Regarding the method of determining the operating time in the field of asset auction of asset auction organizations as prescribed in Clause 3, Section III, Appendix 1, Circular No. 02, it is calculated as follows: ForProperty Auction Service CenterThe operating time is calculated from the date of the Decision on establishment; the asset auction enterprise is granted a Business Registration Certificate under Decree No. 05/2005 on asset auction and Decree No. 17/2010/ND-CP on asset auction and has been converted according to the provisions of the Law on Asset Auction, the operating time is calculated from the date the asset auction enterprise is granted a Business Registration Certificate. For asset auction enterprises that are granted a Business Registration Certificate under Decree No. 05 but do not convert according to the Law on Asset Auction, the previous operating time shall not be counted in the operating time for any other asset auction enterprise.
- The number of auction service contracts for assets of the same type as the assets expected to be auctioned, the number of successful auctions of assets of the same type as the assets expected to be auctioned must be fully declared, consistent with the data in the report of the asset auction organization sent to the Department of Justice. In case the information is not fully listed, inconsistent with the data in the report of the asset auction organization, it is considered as intentionally providing incorrect information about the criteria in the registration file for participation in the selection.
- The property owner must publicly announce the specific criteria and scoring points of Section V, Appendix I, Circular No. 02 on "Other criteria suitable for the auctioned property decided by the property owner" when publicly announcing the criteria for selecting the property auction organization.
- The person whose property is to be auctioned shall, based on the information in the registration file for participation in the selection of the property auction organization at the time the property auction organization submits the file, self-evaluate and score according to the selection criteria specified in Appendix I, issued with Circular No. 02, and shall be responsible for the results of that evaluation and scoring...
- The person with the property to be auctioned shall post the notice of the results of the selection of the property auction organization according to the provisions of Clause 1, Article 6 of Circular 02 above.National electronic portal on property auction. The posting of public notices of criteria for selecting property auction organizations is implemented according to Article 4, Circular No. 02. Recently, through monitoring on the National Electronic Information Portal on property auctions, the Department of Justice has found that there are still some units such as the People's Committee of Yen Thanh district and the People's Committee of Nghi Loc district that have not seriously implemented the regulations on posting public notices of criteria for selecting property auction organizations.
In this document, on the one hand, the Provincial People's Committee requires the above units and localities to seriously review and learn from experience; at the same time, it requires directors of relevant departments, People's Committees of districts, cities and towns to urgently and seriously implement; if there are any difficulties or problems during the implementation process, they must promptly report to the Provincial People's Committee (through the Department of Justice) for direction and handling according to regulations./.