Circular No. 06/2017/TT-BTP stipulates the framework program for auction training courses, auction training institutions, probation period for practicing auctioneers, examination of probation results, and forms used in the auction of assets.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. for framework training program for auction profession courses,

auction profession training facility, internship, examination of internship results

practicing the auction profession and forms in the field of asset auction

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Pursuant to the Auction Law dated November 17, 2016;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Judicial Support;

The Minister of Justice shall issue a Circular to regulate the framework training program for auction profession courses, auction profession training facilities, internship and examination of internship results in practicing the auction profession and forms in the field of asset auction.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the framework training program for auction profession courses, auction profession training facilities, internship and examination of internship results in practicing the auction profession and forms in the field of asset auction.

Article 2. Applicability

This Circular applies to auction profession training facilities, persons undergoing internship in the auction profession, persons participating in the examination of internship results in the auction profession, auction officers guiding internships in the auction profession, organizations conducting asset auctions accepting interns, organizations wholly owned by the State with 100% capital contribution established by the Government to handle non-performing loans of credit institutions, state management agencies on asset auctions and other relevant agencies, organizations, and individuals.

Chapter II

AUCTION PROFESSION TRAINING FACILITY, FRAMEWORK TRAINING PROGRAM FOR AUCTION PROFESSION COURSES

OF THE TRAINING PROGRAM FOR AUCTION PRACTITIONERS

Article 3. Vocational Training Institutions for Auction

1. The auction profession training facility as prescribed in point d, Clause 2, Article 77 of the Auction Law is the Judicial Academy under the Ministry of Justice.

2. The working time in the field of training from three years onwards to be eligible to participate in the auction profession training course prescribed in Clause 1, Article 11 of the Auction Law is the working time at agencies and organizations after obtaining a bachelor's or postgraduate degree in one of the following majors: law, economics, accounting, finance, banking.

Article 4. Framework Curriculum of Vocational Training Courses for Auction

The framework curriculum of vocational training courses for auction shall be developed by the Judicial Academy in collaboration with the Bureau of Judicial Assistance and submitted to the Minister of Justice for issuance.

hograms andenergy III

INTERNSHIP AND HTHEAFFAIRS AUCTION 3. Amend Clause 3 Article 2 as follows:PROFESSION ,QUALIFICATION  EXAMINER OF INTERNSHIP RESULTS

INTERNSHIP AND HTHEAFFAIRS AUCTION 3. Amend Clause 3 Article 2 as follows:PROFESSION ,Other protection scopes

Section 1

INTERNSHIP AND HTHEAFFAIRS AUCTION 3. Amend Clause 3 Article 2 as follows:PROFESSION ,Other protection scopes

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 5. Selection cho organization LIMITATION đ1. The person with auctioned assets self-assesses or establishes an assessment team or another form to assess the selection criteria for auction organizations and bears responsibility for such assessment. giJune 2024; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.toi rights đdevelopment of Health and social workers, village health workers when receiving or detecting warning signs from the community htoealth internship đ1. The person with auctioned assets self-assesses or establishes an assessment team or another form to assess the selection criteria for auction organizations and bears responsibility for such assessment. giJune 2024;

1. Persons holding a certificate of completion of the auction profession training course, persons exempted from auction profession training may choose an organization conducting asset auctions to undergo internship in the auction profession. The organization conducting asset auctions assigns an auction officer within its organization to guide the internship. At the same time, one auction officer cannot guide more than two interns. The organization conducting asset auctions shall not refuse to accept interns except for valid reasons.

Within seven working days from the date of accepting interns, the organization conducting asset auctions shall notify the Department of Justice where the organization has its headquarters in writing about the acceptance of interns and the auction officer guiding the internship.

2. Persons who are not eligible to obtain an Auction Profession Practice Certificate as prescribed in Article 15 of the Auction Law shall not be eligible to undergo internship in the auction profession.

3. Within three working days from the date of receiving the written notification from the organization conducting asset auctions that accepts interns, the Department of Justice shall record the name of the intern in the list of persons undergoing internship in the auction profession and publish this list on the Department of Justice’s electronic portal.

Article 6. Changing the Place of Probation for Auction Practice

1. In case an intern changes the place of internship to another organization conducting asset auctions located in the same province or centrally-administered city, the organization conducting asset auctions where the intern transfers to shall notify the Department of Justice where the organization has its headquarters, accompanied by a confirmation letter from the organization conducting asset auctions that accepted the intern regarding the duration and performance of the intern's rights and obligations at the organization.

Within three working days from the date of receipt of the notification, the Department of Justice adjusts the information about the probation of the probationer in the list of probationers for auction practice.

2. In case an intern changes the place of internship to another organization conducting asset auctions located in a different province or centrally-administered city, the organization conducting asset auctions where the intern transfers to shall notify the Department of Justice where the organization has its headquarters, accompanied by a confirmation letter from the organization conducting asset auctions that accepted the intern regarding the duration and performance of the intern's rights and obligations at the organization.

The organization conducting asset auctions where the intern previously underwent internship shall notify the Department of Justice to remove the intern's name from the list of interns of the Department of Justice.

3. In case an intern changes the place of internship as prescribed in Clauses 1 and 2 of this Article, the duration of the internship shall be calculated as the total duration of the internship at various organizations conducting asset auctions.

Article 7. Suspension of Probation, Termination of Probation for Auction Practice

1. In case there are valid reasons, an intern may temporarily suspend the internship but must notify the organization conducting asset auctions where they are currently undergoing internship in writing. The suspension period shall not exceed two months and shall not be counted towards the internship duration.

2. The probationer terminates probation for auction practice when any of the following circumstances apply:

a) Voluntarily terminating probation;

b) Having completed the temporary suspension period as stipulated in Clause 1 of this Article without continuing probation;

c) Belongs to one of the cases prescribed in Article 15 of the Auction Law;

d) Being removed from the list of probationers according to Clause 1 of Article 22 of this Circular.

3. Within five working days from the date the intern terminates the internship as prescribed in points a, b, and c, Clause 2, Article 2 of this Circular, the organization conducting asset auctions shall notify the Department of Justice in writing, specifying the reason for terminating the internship. Within three working days from the date of receipt of the notification from the organization conducting asset auctions, the Department of Justice shall remove the intern's name from the list of interns.

4. An intern who terminates the internship in the auction profession as prescribed in points a and b, Clause 2, Article 2 of this Circular shall re-enroll according to Clause 1, Article 5 of this Circular.

The probationer who terminates probation as stipulated in Point c of Clause 2 of this Article may undergo probation again when the reason for terminating probation no longer exists.

The probationer who is terminated probation as stipulated in Point d of Clause 2 of this Article may undergo probation again after a one-year period from the date of termination of probation.

5. The probation period before termination of probation as stipulated in Clause 2 of this Article shall not be counted towards the probation period for auction practice.

          Article 8. Content of the probationary period for auction practice

1. Skills in drafting service auction contracts; skills in verifying the authenticity and legality of ownership, usage rights, and rights to sell assets for auctioned items.

2. Skills in establishing Auction Regulations, publicizing auction notices, and other related documents for organizing auctions.

3. Skills in conducting auctions according to various auction forms and methods.

4. Other skills and tasks related to organizing auctions assigned by the guiding auction officer.

Article 9. Report on the results of the probationary period for auction practice

1. Within the latest 15 days from the end of the probationary period, the probationer shall submit a report on the results of the probationary period at the Department of Justice where their name is listed in the probationary list. The report on the results of the probationary period includes:

a) Professional skills and experience gained during the probationary period;

b) Difficulties and obstacles encountered during the probationary period (if any) and recommendations.

2. The internship result report must include comments from the guiding auction officer and confirmation from the organization conducting asset auctions accepting interns regarding the process and results of the internship.

Article 10. Rights and Obligations of Probationers

1. Probationers have the following rights:

a) To be provided conditions by the organization conducting asset auctions accepting interns to implement the internship content as prescribed in Article 8 of this Circular;

b) To be guided by the guiding auctioneer on the content of the probationary period and the implementation of the rights and obligations of the probationer;

c) To request a change of the guiding auctioneer;

d) To be registered to participate in the examination of internship results in the auction profession;

đ) Other rights agreed upon with the organization conducting asset auctions accepting interns and as stipulated by law.

2. Probationers have the following obligations:

a) To comply with the provisions of the Auction Law, this Circular, and related legal regulations;

b) To perform tasks within the content of the probationary period as stipulated in Article 8 of this Circular as assigned by the guiding auctioneer; to report on the results of the probationary period as prescribed by this Circular;

c) To be responsible before the guiding auction officer and the organization conducting asset auctions accepting interns for the results and progress of the assigned tasks;

d) To keep confidential information about the content and related information known during the probationary period;

đ) Other obligations agreed upon with the organization conducting asset auctions accepting interns and as stipulated by law.

Article 11. Liability of auctioneers guiding trainee

1. To guide the probationer on the content of the probationary period as stipulated in Article 8 of this Circular.

2. To monitor and inspect the performance of tasks by the probationer as assigned.

3. To comment on the probationary period process of the probationer and the implementation of their rights and obligations.

4. To be responsible for the results and progress of the tasks performed by the probationer as assigned and guided.

Article 12. Change auctioneers guiding trainee

1. The probationer has the right to request a change of the guiding auctioneer in the following cases:

a) The guiding auctioneer cannot continue to guide the probationary period due to health reasons or other objective reasons;

b) The guiding auctioneer does not fully fulfill the responsibilities prescribed in Article 11 of this Circular.

2. In cases where the auction guide mentor specified in Clause 1 of this Article is changed, the auction organization shall assign another auction guide to mentor the trainee.

Article 13. Rights and obligations of the auction organization accepting trainees

1. Assigning auction officers to guide trainees and being responsible for such assignments.

2. Considering and deciding on requests from trainees to change the guiding auction officer.

3. Accepting trainees to practice auctions at their organization, except in cases with legitimate reasons.

4. Managing the trainee during their training period at the organization; notifying the Department of Justice in writing within five working days from the date the trainee temporarily stops training; monitoring and supervising the performance of the responsibilities of the auction guide mentoring the trainee; ensuring the exercise of rights and fulfillment of obligations of the trainee.

5. Reporting in writing to the Department of Justice about accepting and guiding trainees at their organization annually.

6. Other rights and obligations agreed upon with the trainee or as prescribed by law.

Section 2

EXAMINATION OF TRAINING RESULTS FOR NOTARY PRACTICE AUCTION

Article 14. Principles, contents, and forms of inspection

1. The examination must be serious, transparent, fair, objective, truthful, and comply with the provisions of the Auction Law, this Circular, and other relevant laws.

2. The content of the inspection includes:

a) Laws on auctions, related laws, and ethical rules for auction practitioners;

b) Skills in auction practice.

3. The examination format includes written tests and oral examinations.

Article 15. Registration for the examination

1. The following persons are eligible to register for the examination of training results in auction practice:

a) Individuals who have completed the required training period as stipulated by the Auction Law and this Circular;

b) Persons who did not meet the requirements in the previous examination of training results.

2. Trainees registering to participate in the examination of training results must submit directly, send via postal service, or through other appropriate means, one set of documents to the Department of Justice where they are listed as trainees. The documents include the following papers:

a) Application for registration for the examination of training results in auction practice;

b) Report on the results of training in auction practice.

3. Within ten days from the date of receiving complete valid documents, the Department of Justice shall establish a list of individuals eligible to participate in the examination of training results, publish it on its website, and send it to the Ministry of Justice; if rejected, a written notification with detailed reasons must be provided.

Article 16. Organization of the examination

1. The Ministry of Justice organizes the examination of training results in auction practice. The specific time and plan for the examination are announced to the Departments of Justice at least one month before the examination date.

2. The Examination Board for Training Results (hereinafter referred to as the Examination Board) shall be established by the Minister of Justice upon the proposal of the Director of the Legal Aid Department. The Examination Board may use the seal of the Ministry of Justice to perform tasks as prescribed in this Circular.

3. The Examination Board has at least five members including the representative of the Ministry of Justice as the Chairman, and other members decided by the Minister of Justice.

Supporting the Examination Board are the Secretariat, Question Setting Committee, Examination Supervision Committee, Sealing Committee, Oral Examination Monitoring Committee, Written Exam Grading Committee, and Rechecking Committee (hereinafter referred to as the Committees of the Examination Board).

Article 17. Duties and powers of the Examination Board, Chairman of the Examination Board

1. The Inspection Council shall have the following duties and authorities:

a) Drafting the Inspection Plan to be submitted for approval by the Minister of Justice;

b) Establishing the Committees of the Inspection Council in accordance with this Circular;

c) Issuing the Examination Rules;

d) Deciding and announcing the list of candidates, examination time, and location to the Departments of Justice where candidates will participate in the examination;

đ) Organizing the examination, grading the examination, and rechecking the examination papers in accordance with this Circular;

e) Reporting and being responsible before the Minister of Justice for the organization and results of the examination period.

2. The Chairman of the Inspection Council shall have the following duties and authorities:

a) Implementing the duties and authorities of the Inspection Council; being responsible before the Minister of Justice for the implementation of the duties and authorities of the Inspection Council;

b) Assigning responsibilities to each member of the Inspection Council;

c) Specifying the duties and authorities of the Committees of the Inspection Council; deciding on the examination questions;

d) Organizing the grading of the examination;

đ) Handling cases of violation of the examination rules;

e) Announcing the examination results;

g) Resolving complaints and reports related to the examination period within their authority.

Article 18. Supervisory Board

1. The Minister of Justice decides to establish the Supervisory Board upon the proposal of the Director of the Legal Aid Department. The Supervisory Board consists of the Head and from one (1) to two (2) members.

2. Tasks and Authorities of the Supervisory Board:

a) To supervise the organization of examinations;

b) To detect and recommend measures to address violations of examination regulations;

c) Proposing that the Examination Board take measures to ensure the examination proceeds safely, seriously, and in accordance with the provisions of this Circular;

d) Being responsible for its supervisory activities and reporting to the Minister of Justice on the results of supervision after each examination period.

Article 19. Rights and Obligations of Candidates Participating in the Examination

1. Paying the fee for assessing the professional standards of auction asset valuation as prescribed by the Ministry of Finance.

2. Adhering to the examination rules issued by the Inspection Council.

3. Other rights and obligations as prescribed in this Circular and other relevant laws.

Article 20. Management of Examination Papers and Examination Results

1. Written examination papers and oral examination results must be sealed immediately after the examination ends; sealing must also occur immediately after the coding, recording, opening, matching, and grading of the written examination papers.

2. Examination papers and examination results shall be retained at the Ministry of Justice for a period of 05 years, starting from the date of the examination.

Article 21. Rechecking Examination Papers

1. Within fifteen days from the date the examination results are published on the Ministry of Justice's electronic portal, candidates who disagree with their examination results may file a recheck request with the Chairman of the Examination Board.

No recheck for oral examination papers.

2. Within fifteen days from the end of the period specified in Clause 1 of this Article, the Chairman of the Examination Board shall decide to establish the Rechecking Committee. The Rechecking Committee consists of the Head and at least two (2) members. Members of the Written Exam Grading Committee cannot be members of the Rechecking Committee.

3. The rechecking results must be approved by the Chairman of the Inspection Council and shall be considered the final result.

Article 22. Handling Violations Related to the Probationary Period for Auction Practice

2. If an auction practitioner violates the obligations of a trainee as stipulated in this Circular and has been reminded and asked to correct such violations by the auction organization accepting them but continues to violate, the auction organization shall propose to the Department of Justice to remove their name from the list of auction practitioners.

2. Auction practitioners and auction organizations violating the provisions of this Circular and other relevant laws shall, depending on the nature and severity of the violation, bear one of the forms of handling prescribed by law.

Article 23. Complaints about Probationary Period for Auction Practice and Inspection of Probationary Results winning price

1. The probationer, auctioneer, and property auction organization have the right to file complaints against administrative decisions or actions when there is evidence that such decisions or actions infringe upon their legitimate rights and interests.

The appeal resolution shall be carried out in accordance with the law on appeals.

2. Participants in the inspection of the results of the probationary period for auction practice have the right to file complaints against the decisions or actions of the Inspection Board if they believe that such decisions or actions infringe upon their legitimate rights and interests. The Chairman of the Inspection Board shall be responsible for resolving complaints within thirty days from the date of receipt of the complaint.

In cases where the time limit specified in this clause has expired without resolution of the complaint or the complainant disagrees with the decision on the resolution of the complaint made by the Chairman of the Inspection Board or the Inspection Board has been dissolved, the participant in the inspection may file a complaint to the Minister of Justice. The time limit for resolving the complaint by the Minister of Justice is thirty days from the date of receipt of the complaint. The decision of the Minister of Justice on the resolution of the complaint is final.

Article 24. Duties and Authorities of the Judicial Support Department, Relevant Units under the Ministry of Justice, and Provincial Departments of Justice

1. The Judicial Support Department is the advisory body assisting the Minister of Justice in organizing the implementation of this Circular, and has the following duties and authorities:

a) To take the lead and coordinate with relevant agencies and organizations in organizing the implementation and enforcement of this Circular;

b) Guide and answer questions related to the implementation of this Circular;

c) To inspect the implementation of laws and regulations regarding the probationary period for auction practice annually or at any time as necessary;

d) To assist the Minister of Justice in organizing inspections of the results of the probationary period for auction practice as stipulated in this Circular;

đ) To conduct inspections and audits; handle violations, resolve complaints and denunciations concerning the probationary period for auction practice according to the law;

e) To perform other tasks and authorities as prescribed by the Law on Auctioning of Assets, this Circular, and other related legal provisions.

2. The Inspectorate, the Academy of Justice, the Cadre and Civil Servants Department, and other relevant units under the Ministry of Justice within their respective functions, tasks, and authorities shall take the lead or cooperate with the Judicial Support Department in implementing this Circular.

3. Provincial Departments of Justice have the following duties and authorities:

a) To establish and post the list of probationers for auction practice in their locality on the Department of Justice's electronic portal;

b) To establish a list of individuals meeting the conditions to register for participation in the inspection of the results of the probationary period for auction practice and submit proposals to the Ministry of Justice as prescribed in this Circular;

c) To inspect the performance of obligations and rights of property auction organizations, auction instructors, and probationers as stipulated in this Circular;

d) To inspect, audit, handle violations, and resolve complaints and denunciations concerning the probationary period for auction practice according to the law;

đ) To perform other tasks and authorities as prescribed by the Law on Auctioning of Assets, this Circular, and other related legal provisions.

 Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Attached Forms

The following forms are attached to this Circular:

1. Application for Issuance of the Auction Practice Certificate (Form TP-ĐGTS-01).

2. Application for Reissuance of the Auction Practice Certificate (Form TP-ĐGTS-02).

3. Application for Issuance of Auctioneer Card (Form TP-ĐGTS-03).

4. Application for Reissuance of Auctioneer Card (Form TP-ĐGTS-04).

5. Application for Registration of Auction Business Activities (Form TP-ĐGTS-05).

6. Application for Registration of Auction Business Activities (applicable to auction businesses established before July 1, 2017, registering activities pursuant to Clause 2, Article 80 of the Auction Law) (Form TP-ĐGTS-06).

7. Application for Change of Registered Content of Auction Business Activities (Form TP-ĐGTS-07).

8. Application for Reissuance of Registration Certificate for Auction Business Activities (Form TP-ĐGTS-08).

9. Application for Registration of Branches of Auction Businesses (Form TP-ĐGTS-09).

10. Registration Certificate for Auction Business Activities (Form TP-ĐGTS-10).

11. Registration Certificate for Branches of Auction Business Activities (Form TP-ĐGTS-11).

12. Notice of Acceptance of Probationary Period for Auction Practice (Form TP-ĐGTS-12).

13. Notice of Termination of Probationary Period for Auction Practice (Form TP-ĐGTS-13).

14. Application for Participation in Inspection of Probationary Period for Auction Practice (Form TP-ĐGTS-14).

15. Auction Register Book (Form TP-ĐGTS-15).

16. Auction Property Monitoring Book (Form TP-ĐGTS-16).

17. Auction Property Monitoring Book (for organizations wholly owned by the State established by the Government to handle non-performing loans of credit institutions(Form TP-ĐGTS-17)."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."18. Receipt (Form TP-ĐGTS-18).) 19. Confirmation Letter (Form TP-ĐGTS-19).

20. Auction Record (Form TP-ĐGTS-20).

21. Report on Organization and Operation of Auction Activities of Auction Organizations (Form TP-ĐGTS-21).

22. Report on Organization and Operation of Auction Activities

(for organizations wholly owned by the State established by the Government to handle non-performing loans of credit institutions)

(Form TP-ĐGTS-22). 23. Report on the Situation of Organization and Operation of Auction Activities in Provinces/Cities Directly Under the Central Government (Form TP-ĐGTS-23). Individuals who have been issued a Professional Practice Certificate for Auctions in accordance with Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on Auction Sales but whose certificates were revoked due to being public officials, civil servants, officers, or military personnel when applying for reissue of the Professional Practice Certificate for Auctions are exempted from vocational training, probationary period, and participation in the inspection of the probationary period for auction practice as prescribed in this Circular.

This Circular takes effect from July 1, 2017, and replaces Circular No. 23/2010/TT-BTP dated December 6, 2010, detailing and guiding the implementation of Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on Auction Sales.

Article 26. Transitional Provisions

Those who have been issued an Auction Practitioner Certificate in accordance with Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on Auctioning Assets but had their Certificates revoked because they were civil servants, public officials; officers, professional soldiers, defense workers in agencies and units under the People's Army, officers, non-commissioned officers in specialized positions, technical officers, non-commissioned officers in technical positions in agencies and units under the People's Public Security when applying for reissuance of the Auction Practitioner Certificate shall be exempt from auction practitioner training, probationary period, and examination of the results of the probationary period to practice auctions as stipulated in this Circular.

Article 27. Effective Date

This Circular takes effect from July 1, 2017, and replaces Circular No. 23/2010/TT-BTP dated December 6, 2010 detailing and guiding the implementation of Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on Auctioning Assets.