Soon build nationwide online property auction software

On the afternoon of September 23, the Provincial People's Committee held a Conference to summarize 5 years of implementing the Law on Property Auction in 2016. Comrades: Le Hong Vinh - Member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Committee; Nguyen Cong Hoan - Deputy Director of the Department of Justice chaired the conference. Attending were representatives of leaders of districts, cities, towns, relevant agencies and units.

Fightprice of effective implementation of the Law

Overview of the Conference to Summarize 5 Years of Implementing the Law on Property Auction. Photo: HT

In Nghe An province, after 5 years of implementationLaw on Auction of AssetsThe 2016 results show that localities have promptly resolved administrative procedures related to the property auction sector, such as registering the operation of property auction enterprises, changing the registration content of property auction enterprises, issuing auctioneer cards... The files were resolved promptly, in accordance with procedures and deadlines, with no overdue files. In the past 5 years, the Nghe An Department of Justice has resolved 16 files registering the operation of property auction enterprises, 10 files changing the registration content of activities, and issuing 67 auctioneer cards.

The Department of Justice has conducted inspections at 24 property auction organizations and 10 district-level People's Committees to promptly detect good practices and correct violations in property auction activities. During the inspection, the Delegation pointed out shortcomings and limitations, requiring the inspected and audited units to promptly overcome them and seriously learn from their experiences to perform better.

Speaking at the conference, Permanent Vice Chairman of the Provincial People's Committee Le Hong Vinh acknowledged the positive results that all levels, sectors and localities have achieved in implementing the Law on Property Auction. He emphasized a number of notes in implementing the Law on Property Auction, requesting localities and units in the implementation process to promptly grasp and reflect on difficulties and obstacles for timely resolution; or propose amendments and supplements.

Standing Vice Chairman of the Provincial People's Committee Le Hong Vinh gave a speech at the conference. Photo: HT

The Provincial People's Committee has also issued decisions to establish a monitoring team to conduct the auction of land use rights in Nghe An province, with the participation of provincial departments and branches, and has supervised more than 10 land use rights auctions in localities each year. In particular, focusing on contents such as signing asset auction service contracts, issuing and organizing the implementation of auction regulations; posting and publicly announcing asset auctions; selling, posting with receiving documents, depositing deposits, paying auction participation fees, etc.

Regarding the handling of administrative violations of property auction organizations, in 2019, the Department of Justice coordinated with the Inspectorate of the Ministry of Justice to handle administrative violations against 3 property auction organizations. The Chief Inspector of the Ministry of Justice issued a decision to sanction administrative violations against the above organizations.

Need to build soonnationwide online auction software

The conference affirmed that the promulgation of the Law on Property Auction in 2016 is of great significance, contributing to removing difficulties, limitations and institutional shortcomings, improving the quality of property auction activities, strengthening the role of state management, meeting the Party and State's policy on socializing property auction activities, in line with judicial reform and international integration.

Delegates attending the conference. Photo: HT

After 5 years of implementation, the Law on Property Auction has been put into practice. State management of property auctions has become systematic, demonstrating the responsibility, initiative and determination of state management agencies. The number of property auction organizations has increased in both quantity and quality of service.

However, the implementation process still faces many difficulties, obstacles, and shortcomings in legal institutions and implementation organization. Regarding institutions, some legal provisions on asset auctions are still unclear and inconsistent. For example, the forms of asset auction practice are still generally regulated. The law also has loose regulations on the conditions for revoking auction practice certificates. There are no regulations on cases of unsuccessful auctions for land lots with 2 or more bidders but only 1 bidder is valid...

The regulations on determining the effective date of the contract for the sale of auctioned real estate between the Law on Property Auction and the Civil Code and the Law on Notarization are not consistent. Regarding the organization of implementation, the Law on Property Auction stipulates that the scale of auction enterprises is mostly small, and the professionalism in handling complicated situations arising during the auction is not high. The purchase of professional liability insurance for auctioneers has not been implemented, although the law has provisions.

Awarding Certificates of Merit from the Chairman of the Provincial People's Committee to 7 outstanding collectives in implementing the Law on Property Auction. Photo: HT

In addition, the regulation on the deadline for paying land use fees after winning the auction is still too long. Online auction is a form of auction stipulated in the Law on Property Auction with the expectation that it will help make property auctions more transparent and competitive, limiting many shortcomings of traditional auction methods. However, this regulation has not yet been put into practice...

The conference also identified the causes of the shortcomings and made recommendations and proposals to the competent authorities to amend and supplement the Law on Property Auction and related laws to create a unified legal corridor in implementation. Notably, it is necessary to legalize to build a common national online auction software or amend and supplement Decree No. 62/2017/ND-CP dated May 16, 2017 detailing a number of articles and measures to implement the Law on Property Auction in the direction of building a common national online auction software.

Awarding Certificates of Merit from the Provincial People's Committee Chairman to 8 outstanding individuals. Photo: HT

The conference also heard representatives of departments, branches and localities discuss issues related to the implementation of the Law on Property Auction in the area.

On this occasion, the Chairman of the Provincial People's Committee awarded Certificates of Merit to 7 collectives and 8 individuals with outstanding achievements in implementing the Law on Property Auction 2016.