Circular No. 19/2024/TT-BTP detailing and guiding the implementation of certain provisions of the Auction Law No. 01/2016/QH14 amended and supplemented by some articles pursuant to Law No. 37/2024/QH15.

CIRCULAR

Detailed regulations and guidance on implementing certain provisions of the Auction Law No. 01/2016/QH14

DIGITAL ASSETS Law 01/2016/QH14amended and supplemented by certain provisions

pursuant to Law No. 37/2024/QH15

Pursuant to the Auction Law dated November 17, 2016; the Law amending and supplementing certain provisions of the Auction Law dated June 27, 2024;

Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, issued by the Government, concerning 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 issues this Circular detailing and guiding the implementation of certain provisions of the Auction Law No. 01/2016/QH14, as amended and supplemented by Law No. 37/2024/QH15. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates vocational training institutions for auction, the framework curriculum of vocational training courses for auction; probation and examination of probation results for auction practice; programs, contents, and organization of professional training for auctioneers; guidelines for selecting organizations practicing auction services according to Article 56 of the Auction Law, as amended and supplemented by Clause 36, Points a, b, e, i Clause 45, Point h Clause 46 Article 1 of the Law amending and supplementing certain provisions of the Auction Law; model forms in the field of auction property.

Article 2. Applicability

This Circular applies to vocational training institutions for auction, persons undergoing probation for auction practice, persons participating in the examination of probation results for auction practice, auctioneers, organizations practicing auction services, organizations wholly owned by the State with charter capital established by the State Bank of Vietnam to handle non-performing loans of credit institutions, persons having auctioned properties, state management agencies for auction, and other related agencies, organizations, and individuals.

Chapter II

VOCATIONAL TRAINING INSTITUTIONS FOR AUCTION, FRAMEWORK CURRICULUM OF VOCATIONAL TRAINING COURSES FOR AUCTION

APPRAISER TRAINING PROGRAM

Article 3. Vocational Training Institutions for Auction

The vocational training institution for auction as prescribed in Point d Clause 2 Article 77 of the Auction Law, as amended and supplemented by Clause 44 Article 1 of the Law amending and supplementing certain provisions of the Auction Law, is the Judicial Academy under the Ministry of Justice.

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.

Chapter III

PROBATION FOR AUCTION PRACTICE, EXAMINATION OF PROBATION RESULTS FOR AUCTION PRACTICE

EVALUATION OF PROBATIONARY PERIOD RESULTS IN THE PRACTICE OF APPRAISAL WORK

Section 1. PROBATION FOR AUCTION PRACTICE

Article 5. Selection of Organizations Practicing Auction Services for Probation for Auction Practice

1. A person holding a certificate of completion of vocational training for auction selects one organization practicing auction services for probation for auction practice. The organization practicing auction services assigns an auctioneer within its organization to guide the probation. At any given time, one auctioneer may not guide more than two probationers. The organization practicing auction services may not refuse to accept probationers except for valid reasons.

Within seven working days from the date of accepting probationers, the organization practicing auction services must notify the Department of Justice where the organization has its headquarters in writing about the acceptance of probationers and the auctioneer guiding the probation.

2. A person who falls under the category prohibited from obtaining an Auction Practice Certificate as stipulated in Article 15 of the Auction Law, as amended and supplemented by Clause 10 Article 1 of the Law amending and supplementing certain provisions of the Auction Law, is not eligible for probation for auction practice.

3. Within three working days from the date of receiving the notification from the organization accepting probationers, the Department of Justice records the name of the probationer in the list of probationers for auction practice and publishes this list on the Department's electronic information website.

Article 6. Changing the Place of Probation for Auction Practice

1. In cases where the probationer changes the place of probation to another auction practice organization with its headquarters in the same province or centrally governed city, the auction practice organization where the probationer transfers to shall notify the Department of Justice at the location of the auction practice organization's headquarters, along with a confirmation document from the auction practice organization that has accepted the probation regarding the duration and performance of the probationer’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 cases where the probationer changes the place of probation to another auction practice organization with its headquarters in a different province or centrally governed city, the auction practice organization where the probationer transfers to shall notify the Department of Justice at the location of the auction practice organization's headquarters, along with a confirmation document from the auction practice organization that has accepted the probation regarding the duration and performance of the probationer’s rights and obligations at the organization.

The auction practice organization where the probationer had previously undergone probation shall notify the Department of Justice to remove the probationer's name from the list of probationers maintained by the Department of Justice.

3. In cases where the probationer changes the place of probation as stipulated in Clause 1 and Clause 2 of this Article, the probation period shall be calculated as the total time spent on probation at various auction practice organizations.

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

1. In cases where there are valid reasons, the probationer may suspend probation but must notify the auction practice organization in writing where they are currently undergoing probation. The suspension period shall not exceed two months and shall not be counted towards the probation period.

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) Belonging to one of the circumstances specified in Article 15 of the Auction Law amended and supplemented according to Clause 10 of Article 1 of the Law Amending and Supplementing Certain Provisions 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 probationer terminates probation as stipulated in Points a, b, and c of Clause 2 of this Article, the auction practice organization shall notify the Department of Justice in writing, specifying the reason for terminating probation. Within three working days from the date of receipt of the notification from the auction practice organization, the Department of Justice shall remove the probationer's name from the list of probationers.

4. The probationer who terminates probation as stipulated in Points a and b of Clause 2 of this Article shall undergo probation again according to Clause 1 of 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 information on the right to sell auctioned assets.

2. Skills in establishing Auction Rules, publicizing auction notices, and other documents related to auction practice.

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

4. Other skills and tasks related to auction practice as assigned by the auctioneer guiding the probationary period.

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 report on the results of the probationary period must include comments from the guiding auctioneer and confirmation from the auction practice organization accepting the probationer regarding the process and results of the probationary period.

Article 10. Rights and Obligations of Probationers

1. Probationers have the following rights:

a) To be provided with conditions by the auction practice organization accepting the probationer to implement the content of the probationary period as stipulated 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 register to participate in the examination of the results of the probationary period for auction practice;

e) Other rights agreed upon with the auction practice organization accepting the probationer and as prescribed by law.

2. Probationers have the following obligations:

a) To comply with the provisions of the Auction Law, the Law Amending and Supplementing Certain 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 auctioneer and the auction practice organization accepting the probationer 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;

e) Other obligations agreed upon with the auction practice organization accepting the probationer and as prescribed by law.

Article 11. Responsibilities of the Guiding Auctioneer

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. Changing the Guiding Auctioneer

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 the case of changing the guiding auctioneer as prescribed in Clause 1 of this Article, the auction practice organization will assign another auctioneer to guide the probationary period.

Article 13. Rights and obligations of organizations practicing auction to accept 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 trainees during their training period at their organization; notifying the Department of Justice in writing within five working days from the date the trainee temporarily stops training; monitoring and supervising the implementation of responsibilities by the guiding auction officer; ensuring the exercise of rights and fulfillment of obligations by 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. INSPECTION OF TRAINING RESULTS IN AUCTION PRACTICE

Article 14. Principles, contents, and forms of inspection

1. The inspection must be serious, public, fair, objective, truthful, and comply with the provisions of the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and other relevant laws.

2. The content of the inspection includes:

a) Laws on auction, related laws, and the Code of Ethics for auction officers;

b) Skills in auction practice.

3. Forms of inspection include:

a) The first test is a written examination. Duration is 180 minutes.

b) The second test is an oral examination or a computer-based multiple-choice test; if there are no conditions for a computer-based multiple-choice test, then it will be a paper-based multiple-choice test.

The Ministry of Justice decides and announces specifically the form of the second test in the planned schedule for organizing the examination.

Article 15. Registration for the examination

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

a) Persons who have completed the required training period in auction practice as stipulated in Article 13 of the Auction Law amended and supplemented under Clause 8, Article 1 of the Law Amending and Supplementing Certain Provisions of the Auction Law and this Circular;

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

2. Trainees registering for the examination of training results in auction practice submit directly or send via postal service one set of documents to the Department of Justice where they are listed in the trainee list. The documents include the following:

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 establishes a list of persons eligible to participate in the examination of training results in auction practice, publishes it on its electronic information website, and sends it to the Ministry of Justice; in case of rejection, 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 in Auction Practice (hereinafter referred to as the Examination Board) is established by the Minister of Justice. The Examination Board uses the seal of the Ministry of Justice to perform tasks as prescribed by 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.

 The Examination Board is assisted by the Secretariat, the Question Setting Committee, the Supervision Committee, the Marking Committee, the Oral Examination Monitoring Committee in case of oral examination, the Written Examination Grading Committee, and the Rechecking Committee (hereinafter referred to as the Committees of the Examination Board).

Article 17. Duties and Authorities of the Inspection Council and the Chairman of the Inspection Council

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 Committee

1. The Minister of Justice decides to establish the Supervisory Committee upon the proposal of the Director of the Judicial Assistance Department. The Supervisory Committee consists of the Head and from 01 (one) to 02 (two) members.

2. Duties and Authorities of the Supervisory Committee:

a) Supervising the organization of the examination;

b) Detecting and recommending measures to handle cases of violation of examination regulations;

c) Recommending the Inspection Council to take measures to ensure that the examination proceeds safely, seriously, and in compliance with 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 stipulated in this Circular and other relevant laws.

Article 20. Management of Examination Papers and Examination Results

1. Written examination papers and oral examination results or multiple-choice examination results must be sealed immediately after the examination ends; examination codes, scores, and related documents must be sealed immediately after the coding, recording, scanning, matching, and grading of examination papers are completed.

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 15 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 submit a request for rechecking to the Chairman of the Inspection Council.

Oral examinations and multiple-choice examinations will not be rechecked.

2. Within 15 days from the end of the period specified in Clause 1 of this Article, the Chairman of the Inspection Council shall decide to establish a Rechecking Committee. The Rechecking Committee shall consist of the Head and at least 02 (two) members. Members of the Written Examination Grading Committee shall not 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

1. A probationer who violates the obligations of a probationer as stipulated in this Circular, despite being reminded and required to correct such violations by the auction business organization that accepted them for probation, shall be proposed by that auction business organization to the Department of Justice to remove their name from the list of probationers for auction practice.

2. An auctioneer or an auction business organization that violates 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. Appeals Regarding Probationary Period for Auction Practice and Inspection of Probationary Results

1. A probationer, auctioneer, or auction business organization has the right to appeal against administrative decisions or administrative acts if they have grounds to believe that such decisions or acts 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 probationary results for auction practice have the right to appeal against the decisions or acts of the Inspection Board if they have grounds to believe that such decisions or acts infringe upon their legitimate rights and interests. The Chairman of the Inspection Board is responsible for resolving appeals within thirty days from the date of receipt of the appeal.

In case the time limit specified in this clause expires without the appeal being resolved, or the appellant does not agree with the decision of the Chairman of the Inspection Board or the Inspection Board has been dissolved, the participant in the inspection may appeal to the Minister of Justice. The time limit for resolving the appeal of the Minister of Justice is thirty days from the date of receipt of the appeal. The decision of the Minister of Justice on resolving the appeal is the final decision.

Chapter IV

 PART PROGRAMME, CONTENT AND ORGANIZATION OF ANNUAL PROFESSIONAL TRAINING FOR AUCTIONEERS

 SUBJECTS AND BUSINESS SKILLS

Article 24. Programme and Content of Annual Professional Training for Auctioneers

1. The annual programme for professional training of auctioneers is established by the organization implementing the professional training, ensuring compliance with Clause 2 of this Article and Clause 1 of Article 26 of this Circular.

2. The content of annual professional training for auctioneers includes one or more of the following items:

a) Ethical rules of conduct for auctioneers;

b) Updating and supplementing knowledge of auction property laws and other related legal regulations;

c) Skills in conducting auctions; skills in resolving issues encountered during the practice of auctioning;

d) Management, organizational, and operational skills for auction business organizations.

3. Professional training is organized in the form of professional training classes or exchanges of practical experience.

Article 25. Organizations Implementing Professional Training

1. Organizations implementing professional training include:

a) Social-professional organizations of auctioneers;

b) Judicial Academy;

c) Bureau of Legal Assistance.

2. Auctioneers may choose to participate in professional training classes organized by social-professional organizations of auctioneers, the Judicial Academy, or the Bureau of Legal Assistance.

Article 26. Time for Professional Training Participation

1. The minimum time for auction officers to participate in professional training is 01 working day per year (08 hours per year).

2. Auction officers who fall into any of the following cases shall be recognized as having fulfilled their obligation to participate in professional training during that year:

a) Having a research paper on auction laws and related laws published in domestic or foreign specialized legal journals; writing or participating in writing books or textbooks on auctions that have been published;

b) Participating in teaching about auctions at the Judicial Academy; lecturing in professional training classes organized by organizations specified in Clause 1, Article 25 of this Circular;

c) Participating in overseas professional training courses on auctions;

d) Being a speaker in training programs, seminars, or roundtable discussions on the contents stipulated in Clause 2, Article 24 of this Circular organized by the Judicial Academy, the Legal Assistance Department, or the Department of Justice. In cases where auction officers are not speakers but attend such training programs, seminars, or roundtable discussions, each day of attendance counts as 04 hours of professional training participation, and attending two days or more counts as fulfilling the obligation to participate in professional training. The Judicial Academy, the Legal Assistance Department, and the Department of Justice issue a certificate to the auction officer, specifying the duration of attendance.

3. The following cases are exempted from the obligation to participate in professional training during the year:

a) Female auction officers who are pregnant or nursing children under 12 months old;

b) Auction officers who must undergo long-term treatment at healthcare facilities for diseases listed in the Ministry of Health's long-term treatment directory for three months or longer, with certification from a county-level health authority or equivalent.

Auction officers are responsible for submitting proof of belonging to one of the cases specified in points a and b of this clause to the Department of Justice where the auction organization has its headquarters no later than December 15th each year to compile a list of auction officers exempted from the obligation to participate in professional training during that year.

Article 27. Documents Confirming the Fulfillment of the Obligation to Participate in Professional Training

1. Documents confirming the fulfillment of the obligation to participate in professional training include:

a) A certificate of participation in professional training issued by the organization conducting the training as specified in Clause 1, Article 25 of this Circular;

b) Journals, books, or textbooks that have been published according to the provisions of point a, Clause 2, Article 26 of this Circular;

c) Certificates or documents confirming participation in activities specified in points b, c, and d, Clause 2, Article 26 of this Circular.

Certificates or documents for the case specified in point c, Clause 2, Article 26 of this Circular must be apostilled, translated into Vietnamese, and the Vietnamese translation must be notarized or certified.

2. Auction officers who fulfill the obligation to participate in professional training submit a copy of one of the documents specified in Clause 1 of this Article to the Department of Justice where the auction organization has its headquarters no later than December 15th each year to compile a list of auction officers who have fulfilled the obligation to participate in professional training during that year.

The Department of Justice publishes a list of auction officers who have fulfilled the obligation to participate in professional training, a list of auction officers exempted from the obligation to participate in professional training, and a list of auction officers who have not fulfilled the obligation to participate in professional training on the Department of Justice’s website no later than December 31st each year.

Article 28. Costs for professional training

Agencies and organizations implementing professional training shall collect and spend training costs from participants based on the principle of transparent and fair revenue covering expenses in accordance with financial laws.

Article 29. Responsibilities of organizations implementing professional training

Organizations implementing professional training as stipulated in Clause 1, Article 25 of this Circular shall have the following responsibilities:

1. To develop and publicize their annual professional training plan before January 30 each year.

2. To prepare content, programs, necessary conditions, and organize professional training according to the published plan.

3. To issue certificates of participation in professional training for auctioneers according to the model attached to this Circular.

4. To collect, manage, and use costs for implementing professional training in accordance with the law.

5. To establish and post on their website lists of auctioneers who have participated in professional training at their organization annually.

Article 30. Handling violations by auctioneers and organizations implementing professional training

1. Auctioneers violating the obligation to participate in professional training shall be subject to administrative penalties depending on the nature and severity of the violation as prescribed by law.

2. Organizations implementing professional training violating the provisions of this Circular shall be subject to administrative handling depending on the nature and severity of the violation as prescribed by law.

Chapter V

GUIDELINES FOR SELECTING ORGANIZATIONS PRACTICING AUCTION OF ASSETS

Article 31. Selection of organizations practicing auction of assets

The provisions of this Chapter do not apply to cases where organizations practicing auction of assets are selected through bidding. In cases where organizations practicing auction of assets are selected through bidding, selection criteria shall be implemented in accordance with Clause 4, Article 56 of the Auction Law amended and supplemented under Clause 36, Points a, b, e, i Clause 45, Point h Clause 46 Article 1 of the Law Amending and Supplementing Certain Provisions of the Auction Law, and the procedures and formalities for selecting organizations practicing auction of assets shall be carried out in accordance with the law on bidding.

Article 32. Principles for selecting organizations practicing auction of assets

1. To comply with the law, ensuring adherence to the criteria specified in Clause 4, Article 56 of the Auction Law amended and supplemented under Clause 36, Points a, b, e, i Clause 45, Point h Clause 46 Article 1 of the Law Amending and Supplementing Certain Provisions of the Auction Law, Article 33 of this Circular, and Appendix I issued together with this Circular.

2. To ensure accuracy, independence, honesty, transparency, fairness, and objectivity.

3. Organizations practicing auction of assets shall bear responsibility for the accuracy and honesty of information in their application documents for the selection of organizations practicing auction of assets.

Article 33. Content of selection criteria for organizations practicing auction of assets

1. To be listed in the list of organizations practicing auction of assets published by the Ministry of Justice.

2. A group of criteria regarding material facilities and equipment necessary to ensure the auction of the type of asset being auctioned.

3. A group of criteria regarding feasible and effective auction plans.

4. A group of criteria regarding the capacity, experience, and reputation of organizations practicing auction of assets.

5. Other relevant criteria suitable for the auctioned asset decided by the owner of the auctioned asset.

Article 34. Public announcement of criteria for selecting auction service organizations

1. After receiving the decision from the competent authority regarding the auction of assets, the person holding the assets to be auctioned shall publicly announce on their own website and the National Auction Asset Portal about the selection of auction service organizations with all contents prescribed in Clause 2 of Article 56 of the Auction Law amended and supplemented by points a, b, e, i of Clause 45 and point h of Clause 46 of Article 1 of the Law amending and supplementing certain provisions of the Auction Law, specific criteria stipulated in Article 33 and Appendix I issued together with this Circular.

2. The person holding the assets to be auctioned shall publicly announce the selection of auction service organizations at least three working days before the deadline for submitting participation application documents for the selection of auction service organizations, except where otherwise provided by law.

Article 35. Evaluation and scoring according to criteria for selecting auction service organizations

1. An auction service organization shall submit one set of participation application documents for selection either in paper form or electronic copy as notified by the person holding the assets to be auctioned.

The person holding the assets to be auctioned shall not require the auction service organization to submit original documents, certified copies, or scanned copies of the auction service contract or auction event documentation.

2. The person holding the assets to be auctioned shall self-evaluate or establish an evaluation team or choose another method to evaluate the selection criteria for auction service organizations and bear responsibility for such evaluation.

3. The person holding the assets to be auctioned shall score based on information in the participation application documents of the auction service organization according to all criteria specified in Appendix I issued together with this Circular and handle situations as prescribed in Clauses 5, 6, 7, and 8 of this Article.

In case there is verification confirming that the auction service organization has falsified the application documents or intentionally provided false information in the participation application documents for the selection of auction service organizations, the person holding the assets shall not evaluate or score the auction service organization.

In case there is a document from the competent authority announcing that the auction service organization has falsified the application documents or intentionally provided false information in the participation application documents for the selection of auction service organizations, the person holding the assets shall refuse to consider and evaluate the application documents of that auction service organization.

4. The selected auction service organization shall be the one with the highest total score across all criteria. In case two or more auction service organizations have the same highest total score, the person holding the assets to be auctioned shall decide to select one of them.

In case the selected auction service organization refuses the selection result, the person holding the assets shall decide to select the next highest scoring auction service organization to organize the auction or reselect the auction service organization according to the provisions of this Chapter.

5. In case within twelve months from the date of submission of the application documents, the auction service organization has a representative under the law or an auctioneer of the organization convicted by a final judgment of committing offenses related to auction activities due to actions carried out in the name of, for the benefit of, or with the direction, management, or approval of the auction service organization, then that auction service organization shall be deducted 50% of its total score.

6. In case within twelve months from the date of submission of the application documents, the auction service organization falls into any of the following situations, the following measures shall be taken:

a) If an auctioneer of the organization is administratively sanctioned for violating regulations on auction activities as stipulated in points d and đ of Clause 3, Clauses 4, 5, 6, and 7 of Article 22 of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative sanctions in the field of judicial assistance; administrative justice; marriage and family; civil execution; bankruptcy of enterprises and cooperatives, amended and supplemented by Decree No. 117/2024/ND-CP dated September 18, 2024 of the Government amending and supplementing some articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative sanctions in the field of judicial assistance; administrative justice; marriage and family; civil execution; bankruptcy of enterprises and cooperatives, then for each auctioneer sanctioned, the auction service organization shall be deducted 5% of its total score;

b) If the auction service organization is administratively sanctioned for violating regulations on auction activities as stipulated in points b, d, đ, h, i, k of Clause 3, Clauses 4, and 5 of Article 24 of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative sanctions in the field of judicial assistance; administrative justice; marriage and family; civil execution; bankruptcy of enterprises and cooperatives, amended and supplemented by Decree No. 117/2024/ND-CP dated September 18, 2024 of the Government amending and supplementing some articles of Decree No. 82/2020/ND-CP dated July 15, 2020 of the Government on administrative sanctions in the field of judicial assistance; administrative justice; marriage and family; civil execution; bankruptcy of enterprises and cooperatives, excluding the offense stipulated in point c of this clause, then for each administrative sanction, the auction service organization shall be deducted 5% of its total score.

c) If the auction service organization fails to publicly announce the auction of assets on the National Auction Asset Portal as required by the competent authority, it shall be deducted 20% of its total score, except if the auction service organization has already been administratively sanctioned for this violation.

d) Where an auctioneer of the organization has been convicted by a final judgment for the crime of violating regulations on auction activities but not under the circumstances stipulated in Clause 5 of this Article, that auction service organization shall be deducted 20% of its total points.

7. In case within twelve months from the date of submitting the application, the auction service organization falls under the circumstances of being refused to examine and evaluate the application as prescribed in Clause 3 of this Article or having its selection result revoked as prescribed in Clause 2 of Article 36 of this Circular, such auction service organization shall be deducted 50% of its total points.

8. In case up to the deadline for submitting applications to participate in the selection process, only one auction service organization registers, the owner of the asset may decide to select that organization if it meets the provisions of the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and relevant laws.

Article 36. Notification and Revocation of Selection Results of Auction Service Organizations

1. Within three working days from the date of the selection results of the auction service organization, the owner of the asset shall publicly announce the selection results on their own website (if available) and the National Auction Portal. The notification of the selection results of the auction service organization shall be made according to the model prescribed in Appendix II issued together with this Circular.

2. After the selection results of the auction service organization as prescribed in Clause 1 of this Article, if the owner of the asset receives a document from the competent authority stating that the selected auction service organization has falsified the application or intentionally provided false information in the application, the following actions shall be taken:

a) In case the service auction contract has not yet been signed, the owner of the asset shall revoke the selection result of the auction service organization;

b) In case the service auction contract has been signed and the auction service organization has not yet received the bidding documents from the bidders, the owner of the asset shall revoke the selection result of the auction service organization and unilaterally terminate the service auction contract with that auction service organization;

c) In case the service auction contract has been signed and the auction service organization has already received the bidding documents from the bidders, the owner of the asset shall consider and decide to revoke the selection result of the auction service organization and terminate the service auction contract if the contract contains an agreement on this matter, or request the court to declare the service auction contract void in accordance with the law.

3. Within three working days from the date the selection result of the auction service organization is revoked as prescribed in point a and point b of Clause 2 of this Article, the owner of the asset shall base on the scoring results prescribed in Clause 1 of this Article to select the auction service organization with the highest adjacent total points to organize the auction; in case the service auction contract is terminated or declared void by the court as prescribed in point c of Clause 2 of this Article, the owner of the asset shall reorganize the selection of the auction service organization.

4. The owner of the asset shall send information about the revocation of the selection result due to the auction service organization's falsification of the application or intentional provision of false information in the application as prescribed in Clause 2 of this Article, and the auction service organization being refused to examine and evaluate the application as prescribed in Clause 3 of Article 35 of this Circular, to the Ministry of Justice, the Department of Justice of the province or centrally-administered city where the auction service organization has its headquarters, and publish it publicly on the National Auction Portal.

Article 37. Cases Where the Owner of the Auctioned Property Refuses to Evaluate the Application for Selection of the Auction Service Organization

Based on the principles of auctioning property stipulated in Clause 2 of Article 6 of the Auction Law; the principle of selecting the auction service organization stipulated in Article 32 of this Circular, the owner of the auctioned property shall refuse to evaluate the application for selection of the auction service organization in the following cases:

1. The owner of the property, the person authorized by the owner of the property to auction the property, the person who has the right to put the property up for auction according to agreement or under the provisions of the law, the person signing the auction service contract is the spouse, brother, sister, or younger brother of the head of the Auction Service Center, Chairman of the Board of Members, member-in-fact, or legal representative of the auction company.

2. The owner of the property, the person authorized by the owner of the property to auction the property, the person who has the right to put the property up for auction according to agreement or under the provisions of the law, the person signing the auction service contract is an individual or organization that has the ability to control the activities of the auction service organization through ownership, acquisition of shares, or through decision-making in the auction service organization.

3. Other cases as prescribed by law.

Article 38. Responsibilities of the Owner of the Auctioned Property and the Auction Service Organization

1. Responsibilities of the owner of the auctioned property:

a) Publicly announce the selection process, evaluation, and scoring criteria for the selection and bear responsibility for the results of selecting the auction service organization;

b) Examine and verify information reflecting fraudulent applications or intentional provision of false information in the application for selection of the auction service organization;

c) Report to the competent authority on the selection process and the results of selecting the auction service organization in accordance with the law;

d) Other responsibilities as prescribed by the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and related laws.

2. Responsibilities of the auction service organization:

a) Bear responsibility for the completeness, accuracy, and truthfulness of the information in the application for selection of the auction service organization;

b) Send a report to the Department of Justice at the location where the organization is headquartered regarding the number of property auctions conducted annually according to the model issued along with this Circular no later than January 15 each year as a basis for scoring the selection of the auction service organization;

c) Other responsibilities as prescribed by the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and related laws.

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 39. Tasks and Authorities of the Bureau of Legal Assistance, Relevant Units Under the Ministry of Justice, and Provincial Departments of Justice

1. The Bureau of Legal Assistance is the unit advising and assisting the Minister of Justice in state management and enforcement of laws on auctions, with the following tasks and authorities:

a) Take the lead and coordinate with relevant agencies and organizations to implement this Circular;

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

c) Inspect, investigate, handle violations, resolve complaints and denunciations concerning probationary practice of auctioning, professional training of auction officers, and selection of auction service organizations as prescribed by law;

d) Assist the Minister of Justice in organizing inspections of probationary practice of auctioning in accordance with this Circular;

e) Announce on the National Auction Portal information about auction service organizations that fail to publicly announce auctions as required by Article 57 of the Auction Law amended and supplemented by Clause 37, Point b Clause 45 Article 1 of the Law Amending and Supplementing Certain Provisions of the Auction Law;

f) Perform other tasks and authorities as prescribed by the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and related laws.

2. The Inspectorate of the Ministry, relevant units under the Ministry of Justice shall perform their tasks and authorities related to the selection of auction service organizations; cooperate with the Bureau of Legal Assistance in implementing the tasks and authorities prescribed in Clause 1 of this Article.

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

a) Establish and post on their website lists of individuals undergoing probationary practice of auctioning in the locality, lists of auction officers who have completed their obligation to participate in professional training, and lists of auction officers exempt from participating in such training for the year;

b) Announce on their website and send to the Ministry of Justice lists of individuals eligible to participate in examinations for probationary practice of auctioning, and lists of auction service organizations failing to publicly announce auctions as required by Article 57 of the Auction Law amended and supplemented by Clause 37, Point b Clause 45 Article 1 of the Law Amending and Supplementing Certain Provisions of the Auction Law;

c) Assist provincial People's Committees in inspecting, investigating, and handling violations concerning probationary practice of auctioning, professional training of auction officers, and selection of auction service organizations as prescribed by law;

d) Provide information about organizations and activities of auction service organizations when requested by the owner of the auctioned property in the selection process;

e) Inspect the performance of rights and obligations of auction service organizations, trainers, and trainees as prescribed by this Circular;

f) Post on the National Auction Portal reports of auction service organizations as stipulated in Point b Clause 2 Article 38 of this Circular;

g) Other tasks and authorities as prescribed by the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and related laws.

4. In the case of organizing training sessions, seminars, or roundtable discussions as provided for in Point d, Clause 2, Article 26 of this Circular, the Department of Justice shall have the following responsibilities:

a) Send the Ministry of Justice the program and plan for the training session, seminar, or roundtable discussion before its organization and publish it on the Department of Justice's electronic information website;

b) Issue a confirmation document regarding the auction participation in the training session, seminar, or roundtable discussion conducted by itself, which includes all necessary information according to the model Certificate of Participation in Professional Development prescribed in this Circular;

c) Other tasks and authorities as stipulated in the Auction Law, the Law Amending and Supplementing Certain Provisions of the Auction Law, this Circular, and related laws.

Article 40. Responsibilities for Exploiting and Using Information in the National Population Database

1. Authorities with jurisdiction, civil servants, public officials, employees, and individuals assigned to receive and process administrative procedures, provide public services shall be responsible for exploiting and using information in the National Population Database to process administrative procedures and provide public services.

2. The exploitation and use of information in the National Population Database shall be carried out as follows:

a) In cases where applications are submitted online: the information obtained from the National Population Database will be automatically filled into the forms, and the person handling the administrative procedure does not need to declare it. If the information is not automatically filled into the form, the person handling the administrative procedure must declare it fully;

b) In cases where paper applications are submitted (directly or through postal services): the person processing the administrative procedure shall fully declare in the form.

3. The information subject to exploitation and use under Clause 1 of this Article includes:

a) Gender;

b) Citizenship;

c) Place of permanent residence;

d) Current place of residence.

Chapter VII

IMPLEMENTING PROVISIONS

Article 41. 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 Registration of Auction Business Activities (Form TP-ĐGTS-03).

4. Application for Change of Registered Content of Auction Business Activities (Form TP-ĐGTS-04).

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

6. Application for Registration of Branches of Auction Businesses (Form TP-ĐGTS-06).

7. Registration Certificate for Auction Business Activities (Form TP-ĐGTS-07).

8. Registration Certificate for Branches of Auction Businesses (Form TP-ĐGTS-08).

9. Application for Change of Registered Content of Branches of Auction Businesses (Form TP-ĐGTS-09).

10. Notice of Acceptance of Probationary Period for Auction Practice (Form TP-ĐGTS-10).

11. Notice of Termination of Probationary Period for Auction Practice (Form TP-ĐGTS-11).

12. Application for Participation in Examination of Probationary Period for Auction Practice (Form TP-ĐGTS-12).

13. Auction Property Register (Form TP-ĐGTS-13).

14. Auction Property Monitoring Book (Form TP-ĐGTS-14).

15. Auction Property Monitoring Book (for organizations wholly owned by the State established by the State Bank of Vietnam to handle non-performing loans of credit institutions) (Form TP-ĐGTS-15).

16. Receipt (Form TP-ĐGTS-16).

17. Confirmation of Posting (Form TP-ĐGTS-17).

18. Auction Property Minutes (Form TP-ĐGTS-18).

19. Report on the Organization and Operation of Auction Business Activities by Auction Practitioners (Form TP-ĐGTS-19).

20. Report on the Organization and Operation of Auction Business Activities (for organizations wholly owned by the State established by the State Bank of Vietnam to handle non-performing loans of credit institutions) (Form TP-ĐGTS-20).

21. Report on the Situation of the Organization and Operation of Auction Business Activities in provinces/cities directly under the central government (Form TP-ĐGTS-21).

22. Certificate of Participation in Professional Development for Auction Practitioners (Form TP-ĐGTS-22).

23. Report on the Number of Auction Cases Serving as the Basis for Selecting Auction Practitioner Organizations (Form TP-ĐGTS-23).

Article 42. Transitional Provisions

1. Persons 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 the sale of assets through auctions but whose certificates were 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, officers, non-commissioned officers in technical positions in agencies and units under the People's Public Security when applying to reissue the Professional Practice Certificate for Auctions shall be exempt from vocational training in auctions, shall not need to undergo an internship, and shall not be required to participate in the examination of the results of the internship in accordance with this Circular.

2. In cases where the owner of the auctioned property has announced the selection of an organization engaged in auction activities before this Circular takes effect but has not yet obtained the results of the selection of the organization engaged in auction activities, the owner of the auctioned property shall continue to implement the selection of the organization engaged in auction activities in accordance with Circular No. 02/2022/TT-BTP dated February 8, 2022 of the Minister of Justice guiding the selection of organizations engaged in auction activities.

3. In cases where an organization engaged in auction activities is subject to administrative penalties or where an auctioneer of such organization is subject to administrative penalties due to violations of regulations on auction activities before this Circular takes effect, provided that the administrative penalty does not fall within the circumstances specified in point a and point b, Clause 6, Article 35 of this Circular, such organization engaged in auction activities shall not be deducted points when submitting applications to participate in the selection process in accordance with this Circular.

Article 43. Effective Date

1. This Circular shall take effect from January 1, 2025.

2. Circular No. 06/2017/TT-BTP dated May 16, 2017 of the Minister of Justice on the framework program of vocational training courses for auctions, training institutions for auctions, internships, and examinations of internship results in the field of asset auctions; Circular No. 02/2022/TT-BTP dated February 8, 2022 of the Minister of Justice guiding the selection of organizations engaged in auction activities; Article 6 of Circular No. 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending and supplementing eight related Circulars concerning administrative procedures in the judicial auxiliary field shall cease to be effective from the date this Circular takes effect.