Decree No. 164/2004/NĐ-CP On Seizing and Auctioning Land Use Rights to Ensure Enforcement of Judgments

DECREE

On the Seizure and Auction of Land Use Rights to Ensure Enforcement of Judgments

_________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Code dated October 28, 1995;

Based on the Land Law dated November 26, 2003;

Pursuant to the Civil Enforcement Law dated January 14, 2004;

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Decree stipulates on the seizure and auction of land use rights to ensure the enforcement of civil judgments and decisions.

2. The provisions of Chapters II and III of this Decree also apply to the seizure and auction of land use rights with attached assets to ensure the enforcement of civil judgments and decisions as provided for in Clause 1 of this Article.

Article 2. Land use rights subject to seizure and auction

Land use rights of the person subject to enforcement that, according to the laws on land, are permitted to be transferred may be seized and auctioned to ensure enforcement in the following cases:

1. Land use rights have been decided by the Court to be seized to ensure enforcement.

2. Land use rights of the person subject to enforcement may be seized and auctioned when the following conditions are met:

a) The person subject to enforcement does not have other assets or has other assets but those assets are insufficient to enforce the judgment, except for housing.

b) The person subject to enforcement holds a certificate of land use rights issued in accordance with the Land Law of 1987, the Land Law of 1993, the Land Law of 2003, or a certificate of ownership of a house and land use rights in urban areas as prescribed in Decision No. 60/CP dated July 5, 1994 of the Government, or one of the types of land use right certificates prescribed in Clause 1 and Clause 2, or falls within one of the cases prescribed in Clause 4 and Clause 5 of Article 50 of the Land Law of 2003.

3. The enforcement officer directly handling the enforcement matter (hereinafter referred to collectively as the Enforcement Officer) shall be responsible for determining the conditions for seizing and auctioning land use rights.

4. In cases where the person subject to enforcement holds land use rights as prescribed in Point b Clause 2 of this Article, and part or all of the area of such land is included in a plan requiring land recovery but there is no decision on land recovery, such land use rights may still be seized and auctioned.

Article 3. Determination of Land Use Right Certificates Subject to Seizure and Auction

The determination of the certificates prescribed in Point b Clause 2 of Article 2 of this Decree shall be carried out as follows:

a) The person subject to enforcement shall be responsible for presenting to the Enforcement Officer.

b) In case the person subject to enforcement fails to present, the Enforcement Officer shall verify at the People's Committee of the commune, ward, town (hereinafter collectively referred to as the People's Committee of the commune) or the Land Registration Office or the competent authority managing the house and land.

Article 4. Area of Land Left for the Person Subject to Enforcement

1. In cases where the person subject to enforcement is directly engaged in agricultural, forestry, aquaculture, salt production activities, and their main source of livelihood is income from these production activities, and such fact is confirmed by the People's Committee of the commune where the land to be seized is located, when seizing, the Enforcement Officer must leave a certain area of annual crop land, perennial crop land, forest production land, salt production land, aquaculture land, or other agricultural land for production purposes for the person subject to enforcement, unless the person subject to enforcement agrees to seize and auction the entire land use rights.

2. The area of land left for the person subject to enforcement as prescribed in Clause 1 of this Article shall be determined based on the average subsistence wage income of a person over the last five years in the locality under the following specific conditions:

a) In cases where the person subject to enforcement is an individual or a member of a household, the area of land left is the average area of land per laborer directly engaged in agriculture, forestry, aquaculture, salt production in the commune sufficient to ensure their production for six months' subsistence for those using annual crop land, salt production land; twelve months for those using perennial crop land, forest production land, aquaculture land, or other agricultural land.

b) In cases where the person subject to enforcement is a household, the total area of land left for the household is the sum of the areas of land left for each member of the household as prescribed in Point a Clause 2 of this Article.

3. The provisions of Clauses 1 and 2 of this Article do not apply to the following cases:

a) The person subject to enforcement is not directly engaged in agricultural, forestry, aquaculture, salt production activities, and their main source of livelihood is not income from these production activities.

b) The case prescribed in Clause 1 of Article 2 of this Decree.

Article 5. Seizure and Auction of Land Use Rights Already Pledged

1. For land use rights of the person subject to enforcement that were legally pledged to another party before the person received the enforcement decision, the Enforcement Officer shall only seize and auction if, apart from housing, the person subject to enforcement only has such land use rights as the sole asset of significant value greater than the total amount the person subject to enforcement must pay for the secured obligation, the obligation to pay money according to the civil judgment or decision being enforced, and the costs of seizing and auctioning such land use rights.

The legal pledgee of the land use rights shall be prioritized to settle debts before settling other enforcement obligations, except in cases where the pledger and the person subject to enforcement have agreed otherwise in compliance with the law.

2. For land use rights that the person subject to enforcement pledged after receiving the enforcement decision or pledged illegally, the Enforcement Officer may seize such land use rights to ensure enforcement. In this case, the legal pledgee has the right to initiate litigation to request the Court to resolve disputes over the pledge of land use rights.

After three months from the date of seizure, if the pledgee does not initiate litigation, the seized land use rights shall be auctioned to ensure enforcement. If there is a litigant, the land use rights shall be processed after the judgment or decision of the Court resolving the dispute over the pledge of land use rights becomes effective.

Article 6. Area of Land Subject to Seizure and Order of Seizure of Land Use Rights

1. Enforcement officers may only seize and auction land use rights with a value sufficient to ensure the execution of judgments, enforcement costs, and other amounts that the judgment debtor must pay.

2. The land use rights of the judgment debtor shall be seized first. In cases where the value of the land use rights of the judgment debtor is insufficient for the execution of the judgment, the portion of the land use rights jointly owned by the judgment debtor and others shall be seized.

Article 7. Authority and responsibility for auctioning seized land use rights

1. Enforcement officers shall process the procedures to enter into a power of attorney contract with organizations authorized to sell assets at auction to auction the seized land use rights in accordance with the laws on asset auctions.

2. In cases where localities do not have organizations authorized to sell assets at auction or such organizations refuse to enter into a power of attorney contract for the auction of land use rights for enforcement purposes, enforcement officers shall conduct the auction of the seized land use rights in accordance with this Decree and the laws on asset auctions.

Article 8. Ensuring the interests of the successful bidder and the person receiving the seized land use rights

1. The lawful rights and interests of the successful bidder and the person receiving the seized land use rights are recognized and protected by law.

2. The successful bidder and the person receiving the seized land use rights, along with the ownership of assets attached to the land, shall be issued certificates of land use rights and ownership of assets in accordance with the law.

In cases where the land of the judgment debtor is leased by the State, the successful bidder and the person receiving the land use rights or assets attached to the land shall enter into a contract to continue leasing the land in accordance with the laws on land.

Chapter II

SEIZURE OF LAND USE RIGHTS TO ENSURE ENFORCEMENT

Article 9. Determination of the area of land to be seized

Before proceeding with the seizure of land use rights, enforcement officers must temporarily determine the area of land to be seized. The area of land to be seized shall be determined based on the calculation of the following amounts:

1. The amount to be enforced;

2. The value of the land use rights;

3. Land use fees, land rental fees;

4. Taxes on land use rights that the judgment debtor must pay in accordance with the law;

5. Enforcement costs and other amounts that the judgment debtor must pay.

Article 10. Seizure Committee for Land Use Rights

1. Prior to seizing land use rights, the head of the enforcement agency must issue a decision to establish a Seizure Committee for Land Use Rights consisting of the following members:

a) An enforcement officer as the Chairman of the Committee;

b) A representative from the land management agency under the People's Committee at the same level as a member;

c) A representative from the financial agency at the same level as a member.

2. The Seizure Committee for Land Use Rights assists enforcement officers in determining the location, area, and boundaries of the plot of land to be seized to ensure enforcement.

Article 11. Notification of the seizure of land use rights

At least seven working days before the date of the seizure of land use rights, enforcement officers must notify the seizure of land use rights as follows:

1. Directly notify in writing about the seizure of land use rights to the judgment creditor, the judgment debtor, the pledgee, the contributor of capital through land use rights, persons with rights and obligations related to land use rights, members of the Seizure Committee for Land Use Rights, the People's Procuracy at the same level, and the People's Committee of the commune where the land to be seized is located;

2. Publicly announce on local mass media and post the notification of the seizure of land use rights at the office of the enforcement agency and the People's Committee of the commune where the land to be seized is located.

Article 12. Seizure of land use rights as common property

1. In cases where the judgment debtor and the co-owner of land use rights have a written agreement regarding each person's share of the land use rights in compliance with the laws on land and such agreement has been confirmed by the People's Committee of the commune where the land is located or the shares of each person can be determined, only the portion of the land use rights of the judgment debtor shall be seized.

2. In cases where the judgment debtor and the co-owner of land use rights cannot reach a written agreement or the enforcement officer cannot determine each person's share of the land use rights as stipulated in Clause 1 of this Article, the matter shall be handled as follows:

a) In cases where the judgment debtor is one spouse, the enforcement officer shall guide the spouses to request the court to divide the common land use rights in accordance with the law.

After three months from the date of guidance, if the spouses do not request the court to divide the common land use rights, the portion of the land use rights of the judgment debtor to be seized shall be the average area of land per person in the total area shared by the couple;

b) In cases where the judgment debtor is a member of a household and the area of land belonging to the judgment debtor cannot be determined, the portion of the land use rights of the judgment debtor to be seized shall be the average area of land per person in the household.

3. In cases where the land use rights of the judgment debtor have been used for capital contribution prior to the judgment debtor receiving the enforcement decision and such capital contribution does not form a new legal entity, the land use rights of the judgment debtor that were contributed shall be seized and auctioned.

4. In cases where there are assets of third parties attached to the land of the judgment debtor, the handling of such assets shall be carried out in accordance with Article 21 of this Decree.

Article 13. Seizure of land use rights in cases where the judgment debtor owns multiple plots of land or types of land

1. In cases where the judgment debtor owns multiple plots of land or multiple types of land with a value greater than the amount to be enforced, including land use rights attached to assets, the plot of land or type of land shall be seized according to the proposal of the judgment debtor, provided that such proposal does not hinder the enforcement process.

2. In case the person subject to enforcement does not propose to seize the plot of land or type of land as prescribed in Clause 1 of this Article, within three working days from the date the person subject to enforcement is notified about the selection of the plot of land or type of land to be seized, the Enforcement Officer must record such fact in a record and decide to seize the appropriate plot of land or type of land to ensure the execution of the judgment.

Article 14. Seizure of land use rights currently leased, exploited, or used by others

1. In cases where the land use rights of the person subject to enforcement are leased, exploited, or used by others, at least thirty days before the seizure, the Enforcement Officer must notify the lessee, exploiter, or user of the land about the area of the land, the plot of land, the type of land, and the time of seizure.

2. In cases where there are assets of the lessee, exploiter, or user of the land attached to the land of the person subject to enforcement, the rights of the lessee, exploiter, or user of the land shall be resolved according to the provisions of Clause 2 of Article 21 of this Decree.

Article 15. Explanation on the right to lodge complaints or initiate lawsuits regarding seized land use rights

When seizing land use rights, if there is a dispute over the seized land use rights, the Enforcement Officer still proceeds with the seizure but must explain to the parties their right to lodge complaints or initiate lawsuits requesting the competent state agency as stipulated in Clause 1 and Clause 2 of Article 136 of the Land Law to resolve disputes over land. The explanation must be recorded in writing.

After the expiration of three months from the date of seizure, if no party lodges a complaint or initiates a lawsuit, the seized land use rights will be processed for enforcement. If a party lodges a complaint or initiates a lawsuit regarding the seized land use rights, the land use rights can only be processed for enforcement after a decision by the competent state agency determines that the land use rights belong to the person subject to enforcement.

Article 16. Participants in the seizure of land use rights

1. The seizure of land use rights must be carried out on-site. During the seizure, the following persons must be present:

a) Members of the Committee for Seizing Land Use Rights;

b) A representative of the Land Registration Office where the seized land is located;

c) A representative of the People's Committee of the commune where the seized land is located;

d) The person subject to enforcement, the person entitled to enforcement, the person with rights or obligations related to the seized land use rights, or their lawful representatives.

2. In cases where the person subject to enforcement, the person with rights or obligations related to the seized land use rights, or their lawful representatives have been notified about the seizure but intentionally absent themselves, the Enforcement Officer must record the intentional absence in a record and proceed with the seizure of the land use rights.

3. Representatives of the People's Procuracy at the same level may be invited to supervise; adjacent land users may be invited to witness the seizure of land use rights.

Article 17. Determination of the location, area, and boundary of the seized land plot

When seizing land use rights, it must be based on the land use rights certificates of the person subject to enforcement to determine the location, measure the area, and define the boundary of the seized land plot.

The seizure of land use rights must be recorded in a record clearly stating the location, area, and boundary of the seized land plot, signed by the members of the Committee for Seizing Land Use Rights and those specified in Points b, c, and d of Clause 1 of Article 16 of this Decree. In cases where the person entitled to enforcement or their lawful representatives, the person subject to enforcement, or the person with rights or obligations related to the seized land use rights are absent or intentionally refuse to sign the record, such fact must be clearly recorded in the record.

Article 18. Valuation of seized land use rights

The valuation of seized land use rights to ensure enforcement shall be carried out as follows:

1. The seized land use rights shall be valued based on the agreement between the person entitled to enforcement, the person subject to enforcement, and the co-owner of the land use rights in the case of joint land use rights seizure. The deadline for the parties to agree on the price does not exceed five working days from the date of the seizure of the land use rights.

2. In cases where the parties do not reach an agreement or fail to agree on the value of the seized land use rights, within fifteen days from the date of the seizure of the land use rights, the Enforcement Officer must establish a Committee for Valuing Seized Land Use Rights consisting of the following members:

a) The Enforcement Officer serves as the Chairman of the Committee for Valuing;

b) A representative of the financial authority at the same level serves as a member;

c) A representative of the land management authority under the People's Committee at the same level serves as a member;

d) A representative of the Land Registration Office at the same level serves as a member;

đ) A representative of the relevant specialized agency (if any) serves as a member.

Within seven working days from the date of establishment, the Committee for Valuing must conduct the valuation of the seized land use rights.

At least three working days before the valuation, the Enforcement Officer must notify in writing the People's Procuracy at the same level about the valuation of the land use rights; notify the person subject to enforcement, the person entitled to enforcement, and the person with rights or obligations related to the seized land use rights about the time and place of the Committee for Valuing's work to participate in the valuation process.

Based on the actual transfer price of land use rights in the locality under normal conditions at the time of valuation, the Committee for Valuing decides on the value of the seized land use rights, but it cannot be lower than the price set by the Provincial People's Committee applicable at the time of valuation. In cases where the actual transfer price of land use rights in the locality cannot be determined, the Committee for Valuing decides on the value of the seized land use rights according to the land price set by the Provincial People's Committee applicable at the time of valuation. For land leased from the State, the valuation is based on the lease price set by the Provincial People's Committee applicable at the time of valuation and the legitimate and valid costs incurred for compensation, leveling, and site clearance (if any).

3. The value of the seized land use rights determined according to Clause 1 and Clause 2 of this Article shall serve as the starting price when auctioning the land use rights.

Article 19. Complaint Resolution Regarding the Valuation of Land Use Rights

Within seven working days from the valuation date, if there is a complaint about the valuation of land use rights, the complaint resolution shall be carried out according to the following provisions:

1. In the case where the Chairman of the Valuation Council is an Enforcement Officer who is not the Head of the Enforcement Agency, the Enforcement Officer shall resolve and respond in writing to the complainant within fifteen days from the date of receipt of the complaint. If the party still has a complaint, the Head of the Enforcement Agency where the Enforcement Officer works shall resolve and respond in writing to the complainant within thirty days from the date of receipt of the complaint. The decision on complaint resolution by the Head of the Enforcement Agency shall take effect.

2. In the case where the Chairman of the Valuation Council is the Head of the District Enforcement Agency, the Head of the District Enforcement Agency shall resolve and respond to the complainant within fifteen days from the date of receipt of the complaint. If the party still has a complaint, the Head of the Provincial Enforcement Agency shall resolve and respond in writing to the complainant within thirty days from the date of receipt of the complaint. The decision on complaint resolution by the Head of the Provincial Enforcement Agency shall take effect.

3. In the case where the Head of the Provincial Enforcement Agency directly serves as the Chairman of the Valuation Council, the Head of the Provincial Enforcement Agency shall resolve and respond to the complainant within fifteen days from the date of receipt of the complaint. If the party still has a complaint, the Director of the Civil Enforcement Office under the Ministry of Justice shall resolve and respond in writing to the complainant within thirty days from the date of receipt of the complaint. The decision on complaint resolution by the Director of the Civil Enforcement Office shall take effect.

Article 20. Temporary Management, Exploitation, and Use of Seized Land Area

The temporary management, exploitation, and use of the seized land area shall be implemented according to the following provisions:

1. If the seized land area is currently managed, exploited, and used by the person subject to enforcement, the Enforcement Officer shall temporarily transfer the seized land area to the person subject to enforcement for management, exploitation, and use.

In the case where the seized land area is currently managed, exploited, and used by another organization or individual, it shall be temporarily transferred to that organization or individual for continued management, exploitation, and use.

2. In the case where the person subject to enforcement or the organization or individual specified in Clause 1 of this Article does not accept the temporary transfer of management, exploitation, and use of the seized land area, the Enforcement Officer shall temporarily transfer the land area to another organization or individual for management, exploitation, and use.

3. The temporary transfer of management, exploitation, and use of the seized land area must be recorded in a record specifying:

a) The current status of land use;

b) The duration of temporary transfer of management, exploitation, and use of the land, the area, type of land, plot number, map sheet number;

c) Specific rights and obligations of the person temporarily managing, exploiting, and using the land.

4. During the period of temporary transfer of management, exploitation, and use of the seized land, the person temporarily managing the land may not convert, transfer, lease, sublease, gift, inherit, mortgage, guarantee, or contribute capital with land use rights; may not change the current status of land use, and may not use the land contrary to the purpose prescribed by the law on land.

Article 21. Handling Assets Attached to Land When Seizing Land Use Rights

When seizing the land use rights of the person subject to enforcement and there are assets attached to the land, they shall be handled according to the following provisions:

1. In the case where such assets belong to the person subject to enforcement, both the land use rights and the assets attached to the land shall be seized;

2. In the case where such assets belong to another person, they shall be handled as follows:

a) For assets existing before the person subject to enforcement received the enforcement decision, the Enforcement Officer shall request the owner of the asset to voluntarily move the asset to return the land use rights to the person subject to enforcement. In the event that the owner of the asset does not voluntarily move their asset, the Enforcement Officer shall guide the owner of the asset and the person subject to enforcement to reach a written agreement on the method of resolving the asset. Within no more than fifteen days from the date of guidance, if they cannot reach a written agreement, the Enforcement Officer shall organize the seizure and auction of the asset together with the land use rights.

If the owner of the asset is a lessee of the land or a contributor of capital through land use rights of the person subject to enforcement without forming a new legal entity, the owner of the asset has the right to continue signing the land lease contract or capital contribution contract through land use rights with the successful bidder or the person receiving the land use rights within the remaining term of the contract signed with the person subject to enforcement. In this case, the Enforcement Officer shall have the responsibility to notify the participants in the auction and the proposed recipient of the land use rights of the right of the owner of the asset attached to the land to continue signing contracts.

b) For assets created after the person subject to enforcement received the enforcement decision, the Enforcement Officer shall request the owner of the asset to voluntarily move the asset to return the land use rights to the person subject to enforcement. After fifteen days from the date of the request, if the owner of the asset does not move the asset or the asset cannot be moved, the Enforcement Officer shall organize the seizure and auction of the asset together with the land use rights.

Specifically, for assets created after the seizure, if the owner of the asset does not move the asset or the asset cannot be moved, the asset must be dismantled. The Enforcement Officer shall organize the dismantling of the asset, except in cases where the person receiving the land use rights or the successful bidder of the land use rights agrees to purchase the asset.

c) The owner of the asset attached to the land of the person subject to enforcement shall be refunded the proceeds from the sale of the asset, recover the asset, if the asset is dismantled but must bear the costs related to the seizure, valuation, auction, and dismantling of the asset.

3. For movable property such as short-term crops or livestock that have not yet reached harvest season or property that is still in the closed production process and has not been completed, after the seizure, the Enforcement Officer shall only proceed to dispose of the property to enforce the judgment when it reaches the harvest season or when the closed production process is completed.

Article 22. Resolution of the acceptance of the right to use land that has been seized

The acceptance of the right to use land that has been seized, valuation including the right to use land with attached assets before auctioning shall be resolved according to the following provisions:

1. In cases where the person subject to enforcement agrees for the person entitled to enforcement to accept the right to use land that has been seized to enforce the judgment and the person entitled to enforcement agrees to accept the right to use land, the Enforcement Officer shall record the agreement in a memorandum, issue a decision recognizing the acceptance of the right to use land that has been seized by the person entitled to enforcement to complete the procedures for issuing a certificate of land use rights for the person accepting the right to use land in accordance with the laws on land.

2. In cases where the person subject to enforcement shares the right to use land with another person, the person sharing the right to use land with the person subject to enforcement shall be given priority to accept the right to use land that has been seized at the price specified in Article 18 of this Decree. The time limit for exercising the priority right provided in this Article is three months, starting from the date the right to use land was valued.

Within the time limit for exercising the priority right, if the person sharing the right to use land with the person subject to enforcement submits a written request to accept the right to use land that has been seized and has paid the full amount for accepting the right to use land, the Enforcement Officer shall record the acceptance of the right to use land in a memorandum, issue a decision recognizing the acceptance of the right to use land that has been seized by the person sharing the right to use land to complete the procedures for issuing a certificate of land use rights for the person accepting the right to use land in accordance with the laws on land.

Chapter III

AUCTIONING THE RIGHT TO USE LAND FOR ENFORCEMENT

Article 23. Time limit for completing the procedures for entrusting the auctioning of the right to use land that has been seized

1. In cases where the person entitled to enforcement does not agree to accept the right to use land or the person subject to enforcement does not agree to allow the person entitled to enforcement to accept the right to use land to enforce the judgment, including the right to use land with attached assets, within ten working days from the date of valuation, the Enforcement Officer must complete the procedures for signing a contract to entrust the sale by auction with an organization authorized to sell auctioned assets to auction the right to use land, except in the case provided for in Clause 2 of this Article.

2. In cases where the time limit for exercising the priority right provided in Clause 2 of Article 22 of this Decree has expired and the person sharing the right to use land with the person subject to enforcement has not submitted a written request to accept the right to use land that has been seized, within ten working days from the date the time limit for exercising the priority right expires, the Enforcement Officer must complete the procedures for signing a contract to entrust the sale by auction with an organization authorized to sell auctioned assets to auction the right to use land.

Within the time limit for exercising the priority right, if the person sharing the right to use land with the person subject to enforcement submits a written request not to accept the right to use land, within ten working days from the date of receipt of the written request not to accept the right to use land, the Enforcement Officer must complete the procedures for signing a contract to entrust the sale by auction with an organization authorized to sell auctioned assets to auction the right to use land.

3. In cases where localities have not established organizations authorized to sell auctioned assets, within the time limits stipulated in Clause 1 and Clause 2 of this Article, the Enforcement Officer must conduct the auction of the right to use land to ensure enforcement of the judgment in accordance with the laws on selling auctioned assets and the provisions of this Chapter.

Article 24. Notification of the auctioning of the right to use land that has been seized

1. Before opening the auction of the right to use land, the Enforcement Officer must publicly announce and post information about the time, location, type of land, grade of land, area of land, condition of land, initial price of the right to use land being auctioned at the office of the enforcement agency, the People's Committee of the commune where the land has been seized, and must notify in writing the People's Procuracy at the same level, the person subject to enforcement, the person entitled to enforcement, and persons with rights and interests related to the enforcement of the judgment.

2. The time limit for notification and the form of announcement of the auction of the right to use land shall be carried out in accordance with the laws on selling auctioned assets.

Article 25. Reclaiming the right to use land that has been seized

One working day before the auction of the right to use land, the person subject to enforcement has the right to reclaim the right to use land if they pay the full amount due for enforcement and settle all actual expenses incurred from the seizure and preparation for the auction of the right to use land.

The Enforcement Officer must issue a decision to lift the seizure of the right to use land within five working days from the date the person subject to enforcement pays the full amount due for enforcement and other amounts required to be settled under the law.

Article 26. Auctioning the right to use land that has been seized

1. Persons eligible to participate in the auction of the right to use land that has been seized must fall under the category of persons eligible to accept the right to use land in accordance with the laws on land.

2. The right to use land shall be sold to the highest bidder, but not lower than the initial price.

In cases where no participant bids higher or equal to the initial price or after three announcements of the auction of the right to use land there is no participant, the auction shall be deemed unsuccessful. Within ten working days from the date of the unsuccessful auction, the Enforcement Officer shall organize a revaluation in accordance with Clause 2 of Article 18 of this Decree and in accordance with the downward adjustment provision in Article 48 of the Ordinance on Civil Enforcement to continue the auction of the right to use land.

3. After two downward adjustments and the right to use land that has been seized is still unsold, the Enforcement Officer shall request the person entitled to enforcement to accept the right to use land at the last reduced price to enforce the judgment. If the person entitled to enforcement agrees to accept the right to use land to enforce the judgment, the Enforcement Officer shall record the acceptance in a memorandum and issue a decision recognizing the acceptance of the right to use land to complete the procedures for registration and issuance of a certificate of land use rights for the person entitled to enforcement in accordance with the laws on land.

If the person subject to enforcement does not accept the right to use the land that has been seized, the Enforcement Officer shall issue a decision to lift the seizure and return the right to use the land to the person obligated to fulfill the judgment.

4. The person obligated to fulfill the judgment must bear the costs of seizure and auction of the right to use the land if the auction is unsuccessful, except in cases where they are exempted or reduced according to the provisions of the law.

Article 27. Payment of the amount received from the seizure and auction of the right to use the land

The amount received from the seizure and auction of the right to use the land shall be paid in accordance with the order prescribed in Article 51 and Article 52 of the Civil Enforcement Decree, after deducting the land use fee, land rental fee, land use tax, income tax from the transfer of the right to use the land, and other taxes and fees related to the right to use the land that the person obligated to fulfill the judgment must pay according to the decision of the law.

The remaining amount shall be paid to the person obligated to fulfill the judgment.

Article 28. Issuing a certificate of the right to use the land to the successful bidder or the person accepting the right to use the land that has been seized and auctioned

1. The Enforcement Officer is responsible for preparing the file for issuing the certificate of the right to use the land and sending the file to the Land Registration Office to issue the certificate of the right to use the land for the successful bidder or the person accepting the right to use the land that has been seized and auctioned for enforcement in accordance with the law on land.

2. In cases where the documents regarding the right to use the land that have been seized as stipulated in point b, Clause 2, Article 2 of this Decree cannot be recovered and fall under the circumstances specified in point b, Clause 1, Article 3 of this Decree, the Enforcement Officer must send a document clearly stating the reasons why the recovery of these documents was not possible to the Land Registration Office.

Within no more than seven working days from the date of receipt of the document from the Enforcement Officer, the Land Registration Office is responsible for reviewing the file and sending a written report to the People's Committee at the appropriate level authorized to issue the certificate of the right to use the land.

Within three working days from the date of receipt of the report from the Land Registration Office, the People's Committee at the appropriate level shall issue a document requesting the person obligated to fulfill the judgment to submit the documents regarding the right to use the land that have been seized, and simultaneously send this document to the People's Committee of the commune where the seized land is located for public announcement at the office of the People's Committee of that commune.

Within thirty days from the date of issuance of the request document, the person obligated to fulfill the judgment shall be responsible for submitting the documents regarding the right to use the land that have been seized to the Land Registration Office.

In cases where the person obligated to fulfill the judgment fails to submit the documents regarding the right to use the land that have been seized, within no more than five working days from the expiration date of the request, the Land Registration Office shall propose the People's Committee at the appropriate level to issue a decision revoking the documents regarding the right to use the land that have been seized of the person obligated to fulfill the judgment and proceed with the issuance of the certificate of the right to use the land for the successful bidder or the person accepting the right to use the land in accordance with the law on land.

Article 29. Forced transfer of the right to use the land to the successful bidder or the person accepting the right to use the land for enforcement

1. In cases where the person obligated to fulfill the judgment or the person currently managing, exploiting, or using the land does not voluntarily transfer the right to use the land to the successful bidder or the person accepting the right to use the land for enforcement, the Enforcement Officer shall issue a decision to force the person obligated to fulfill the judgment or the person currently managing, exploiting, or using the land to transfer the right to use the land to the successful bidder or the person accepting the right to use the land for enforcement.

2. In cases where the person being forced to transfer the right to use the land deliberately absents themselves despite having been notified of the enforcement decision, the Enforcement Officer shall still implement the enforcement decision prescribed in Clause 1 of this Article to transfer the right to use the land to the successful bidder or the person accepting the right to use the land for enforcement.

3. The handling of assets on the land that has been seized and auctioned shall be carried out in accordance with the provisions of Article 21, Article 22, and Article 26 of this Decree.

In cases where the parties refuse to accept the assets, the Enforcement Officer must prepare a record detailing the quantity, type, and condition of each type of asset and hand it over to an organization or individual capable of preserving the assets or preserve them in the storage facility of the enforcement agency, and notify the location and time for the person holding the assets to retrieve the assets. If the person holding the assets does not come to retrieve the assets, then the assets will be handled according to the provisions of Clause 3 and Clause 4 of Article 54 of the Civil Enforcement Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.

Article 31. Implementation guidance

The Minister of Justice is responsible for guiding the implementation of this Decree.