MINISTRY OF
JUSTICE OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No: 20/2024/TT-BTP |
Hanoi, December 31, 2024 |
Pursuant to Law on Property Auction dated November 17, 2016; Law on amendments to the Law on Property Auction dated June 27, 2024;
Pursuant to the Law on Prices dated June 19, 2023;
Pursuant to Government’s Decree No. 120/2020 /ND-CP dated October 7, 2020 on the establishment, reorganization, dissolution of public service provider, as amended and supplemented under the Government’s Decree No. 83/202/ND-CP dated July 10, 2024 amending and supplementing some articles of Decree No. 123/2016/ND-CP dated September 1, 2016 on functions, tasks, powers and organizational structure of Ministries and ministerial-level agencies, as amended and supplemented under the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020; Government’s Decree No. 10/2016/ND-CP dated February 01, 2016 on Governmental authorities, as amended and supplemented under the Government’s Decree No. 47/2019/ND-CP dated June 5, 2019 and the Government’s Decree No. 120/2020/ND-CP dated October 7, 2020 on establishment, reorganization, dissolution of public service providers;
Pursuant to Government’s Decree No. 98/2022/ND-CP dated November 29, 2022 on functions, tasks, powers and organizational structure of the Ministry of Justice;
At the request of the Director of the Department of Judicial Support;
The Director of the Department of Judicial Support promulgates a Decree on mechanism, policies on service charges of auctioning property subject to sale via auctions as prescribed by laws; fees for publishing notice of selection of property auction practicing organization, fees for information on property auction on the national property auction portal, fees for use of the national property auction portal for online auction.
1. This Circular provides regulations on mechanism and policies on service charges of auctioning property subject to sale via auctions as prescribed by laws as prescribed in Clause 1 Article 66 of the Law on Property Auction, as amended by point a, Clause 10, Article 73 of the Law on Prices 2013 and point b, Clause 45, Article 1 of the Law on amendments to the Law on Property Auction.
2. The collection, payment, management, and use fees for publishing notice of selection of property auction practicing organization, fees for information on property auction on the national property auction portal, fees for use of the national property auction portal for online auction (hereinafter referred to as “fees for publishing notice of selection”, “fees for information on property auction”, and “fees for use of national property auction portal”) as prescribed by the Law on Property Auction, Law on amendments to the Law on Property Auction.
This Circular applies to:
1. Property sellers as prescribed by Clause 5, Article 5 of the Law on Property Auction during auction of property prescribed in Clause 1 Article 4 of the Law on Property Auction, as amended by Clause 2, Article 1 of the Law on amendments to the Law on Property Auction.
2. Property auction practicing organizations as prescribed by Clause 12, Article 5 of the Law on Property Auction, wholly state-owned organizations established by the State Bank of Vietnam to handle bad debts of credit institutions, property auction councils in cases where the auction is conducted by property auction councils.
3. Relevant individuals and organizations
1. Prices of services of auctioning property subject to sale via auctions as prescribed by laws (hereinafter referred to as “property auction service charges”) is calculated for each auction in the case of auctions corresponding to each value bracket of property according to the starting price of the price bracket of services of auctioning property subject to sale via auctions as prescribed by laws promulgated by the Minister of Justice.
In cases where the provisions of Article 56 of the Law on Property Auction as amended by Clause 36, points a, b, e, i of Clause 45, point h of Clause 46 of Article 1 of the Law on amendments to the Law on Property Auction is applied, the auctioned property shall have its property auction service charges determined as per these laws.
2. In cases where an auction winner fails to pay or underpays, leading to the cancellation of the decision on recognition of the auction winner or auction property sale contract, the property seller shall pay the property auction practicing organization the auction fees stipulated in Clause 2, Article 66 of the Law on Property Auction as amended by point b, Clause 45 of Article 1 of the Law on amendments to the Law on Property Auction that have been agreed upon by both parties in the property auction service contract and the value bracket of property according to the starting price of the price bracket of services of auctioning property subject to sale via auctions as prescribed by laws promulgated by the Minister of Justice. The payable charges shall not exceed the deposit of the auction winner.
3. Property auction service charges in Clause 1 of this Article does not include: Value-added tax (VAT) and auction fees stipulated in Clause 2, Article 66 of the Law on Property Auction as amended by point b, Clause 45 of Article 1 of the Law on amendments to the Law on Property Auction.
4. In cases where the auction is not successful, the property seller shall pay the property auction practicing organization the auction fees stipulated in Clause 2, Article 66 of the Law on Property Auction as amended by point b, Clause 45 of Article 1 of the Law on amendments to the Law on Property Auction that have been agreed upon by both parties in the property auction service contract.
5. Within 20 working days from the end of the auction, the property seller shall pay the property auction practicing organization the auction fees stipulated in Clause 2, Article 66 of the Law on Property Auction as amended by point b, Clause 45 of Article 1 of the Law on amendments to the Law on Property Auction that have been agreed upon by both parties in the property auction service contract.
Article 4. Management and use of property auction service charges
1. Property auction practicing organizations shall publish property auction service charges at their own headquarters, comply with the regulations of laws on pricing, laws on property auction, and other relevant documents.
2. Property auction practicing organizations shall provide invoices in accordance with the regulations of the law on invoices and records.
1. The national property auction portal operator shall collect, manage, and use fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal in accordance with the regulations of this Circular.
2. Fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal are used to serve the operation of the national property auction portal in accordance with the regulations on public service providers.
1. The fee for publishing notice of selection of property auction practicing organization is 300.000 VND/notice. Each notice includes the notice of selection of property auction practicing organization and notice of selection results of property auction practicing organization.
2. The fee for information on property auction on the national property auction portal is 300.000 VND/notice. Each notice includes a first-time notice and a second-time notice on the national property auction portal stipulated in Clause 1, Article 57 of the Law on Property Auction as amended by point a, Clause 37 of Article 1 of the Law on amendments to the Law on Property Auction.
In cases where property auction practicing organizations publish information once on property auction on the national property auction portal as prescribed in Clause 2 Article 57 of the Law on Property Auction, as amended by point b, Clause 37, Article 1 of the Law on amendments to the Law on Property Auction, the fee for information on property auction is 150.000 VND/notice.
3. The fee for use of the national property auction portal for online auctions is 2.000.000 VND/auction.
In cases there are no registered bidders participating in the auction on the national property auction portal, the fee for use of the national property auction portal for online auctions is 1.000.000 VND/auction.
4. The fees specified in Articles 1, 2, and 3 of this Article shall be paid by the agencies, organizations, individuals that publish the notice of selection of property auction practicing organization and notice of information on property auction on the national property auction portal, and use the national property auction portal for online auctions (VAT included)
1. The national property auction portal operator shall collect fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal in accordance with Article 6 of this Circular. Accounts used for collection of fees of the national property auction portal operator must be VND accounts opened at commercial banks.
2. The payment of fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal is as follows:
a) Payers shall, within 10 days from the date on which their notice is publish on the national property auction portal, make payment of fees for publishing notice of selection of property auction practicing organization on the national property auction portal in accordance with Clause 1, Article 6 of this Circular.
b) Property auction practicing organizations, wholly state-owned organizations established by the State Bank of Vietnam to handle bad debts of credit institutions, property auction councils shall, within 7 days from the date on which their notice is publish on the national property auction portal, make payment of fees for information on property auction on the national property auction portal in accordance with Clause 2, Article 6 of this Circular;
c) Property auction practicing organizations, wholly state-owned organizations established by the State Bank of Vietnam to handle bad debts of credit institutions, property auction councils shall, within 20 days from the date on which their notice is publish on the national property auction portal, make payment of fees for use of the national property auction portal in accordance with Clause 3, Article 6 of this Circular;
3. Property auction practicing organizations, wholly state-owned organizations established by the State Bank of Vietnam to handle bad debts of credit institutions, property auction councils specified in point c Clause 2 this Article shall agree with the national property auction portal operator on self-liquidation of contracts for use of the national property auction portal after fulfilling financial obligations.
4. Any agency, organization, or individual failing to comply with the deadlines specified in Clause 2 of this Article shall has their account, which is used for publishing the notice of selection of property auction practicing organization or notice for information on property auction on the national property auction portal, or using the national property auction portal for online auctions, be suspended until they fulfill their financial obligations as prescribed.
1. Expenditures:
a) Expenditure on management, maintenance, operation, and development of the national property auction portal;
b) Expenditure on management and inspection of the notification of selection of property auction practicing organization, information on property auction on the national property auction portal, and use of the national property auction portal for online auctions;
c) Expenditure on guidance and use of the national property auction portal;
d) Expenditure on activities related to receiving, processing information on the national property auction portal, conducting online auctions, applying information technology in property auctions, managing data about auctioneers and property auction practicing organizations.
dd) Expenditure on other regular tasks related to organizing, managing, maintaining, operating, and developing the national property auction portal;
e) Other expenditures stipulated by the laws on public service providers.
2. Distribution of financial results and establishment of funds shall comply with autonomy mechanisms and regulations of law
3. The national property auction portal operator shall implement accounting and financial regimes in accordance with the laws on state budget and relevant regulations.
1. The Department of Judicial Support shall:
a) Monitor, supervise, and manage the implementation of functions and tasks of the national property auction portal operator;
b) Consolidate the annual plan for revenues and expenses of the national property auction portal operator, submit it to the Ministry of Justice for approval;
c) Adjust the plan for revenues and expenses of the national property auction portal operator;
d) Settle revenues and expenses of the national property auction portal operator.
2. The national property auction portal operator shall:
a) Publish the fee collection procedures (including methods, subjects, and rates of collection) for fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal on the national property auction portal.
b) Organize the collection and payment of fees for publishing notice of selection, fees for information on property auction, and fees for use of the national property auction portal;
c) Manage and use revenues in accordance with Article 8 of this Circular.
3. Any agency, organization, and individual publishing the notice of selection of property auction practicing organization, information on property auction on the national property auction portal; or using the national property auction portal for online auctions shall:
a) Pay fees as prescribed in Article 6 and Clause 2 of Article 7 of this Circular;
b) Adhere the regulations of the national property auction portal and relevant regulations.
Article 10. Transition clauses
1. During the period where the national property auction portal is not yet established, property sellers, property auction practicing organizations, wholly state-owned organizations established by the State Bank of Vietnam to handle bad debts of credit institutions, property auction councils are not required to pay fees for publishing the notice of selection of property auction practicing organization and fees for information on property auction on the national property auction portal.
2. In cases where property sellers and property auction practicing organizations have signed property auction service contracts before the effective date of this Circular, the mechanism, policies, and determination of property auction service charges shall be implemented in accordance with Circular No. 45/2017/TT-BTC dated May 12, 2017 of the Minister of Finance of Vietnam, as amended by Circular No. 108/2020/TT-BTC dated December 21, 2020 of the Minister of Finance of Vietnam.
1. This Circular comes into force from January 01, 2025.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Justice of Vietnam for consideration./
PP. MINISTER |
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
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