Prohibiting spouses, brothers, sisters, and siblings from participating in auctions for the same property

Before passing the draft Law, Mr. Vu Hong Thanh, Chairman of the National Assembly's Economic Committee, reported on a number of major issues regarding the reception, revision and explanation of the draft Law amending and supplementing a number of articles of the Law on Property Auction.

According to Mr. Thanh, there are some opinions suggesting considering the regulation in Clause 4, Article 38 on restricting fathers, mothers, wives, husbands, children, brothers, sisters, and siblings from registering to participate in the auction; there needs to be a mechanism to ensure feasibility in practice, as well as to ensure the rights of individuals when participating in the auction.

Delegates press the button to approve the draft Law (Photo: Quang Vinh)

Regarding the above issue, the National Assembly Standing Committee accepted and revised the draft Law in the direction of transferring the provisions at Point e, Clause 4, Article 38 on cases not allowed to register to participate in auctions to Point d2, d3, Clause 5, Article 9 on prohibited acts to have a basis for handling when violations are detected (post-audit); at the same time, narrowing the scope of subjects prohibited from participating in auctions in the direction of only prohibiting spouses, brothers, sisters, and siblings from participating in auctions for the same property to ensure consistency with the reality that has occurred in the past.

In addition, there are opinions suggesting that the auction of vehicle license plates must be carried out according to the process and procedures for property auctions of the Law on Property Auctions; and suggesting that regulations on carbon credit auctions be added.

Regarding the above issue, the Standing Committee of the National Assembly explained: Regarding the auction of vehicle license plates, the draft Law amends and supplements Clause 2, Article 3 of the current Law in the direction that "the auction of vehicle license plates is carried out in accordance with the provisions of the law on road traffic order and safety", in order to ensure conformity with the specific nature of the auction of vehicle license plates as well as consistency with the draft Law on Road Traffic Order and Safety submitted to the National Assembly for consideration and approval.

Regarding carbon credit auctions, at Point p, Clause 1, Article 4 of the draft Law, there are general provisions on other assets that are required to be auctioned by specialized laws to ensure comprehensiveness, completeness and foresight of assets that may arise in the future, including carbon credits. At the same time, it is recommended that the Government continue to research and evaluate when summarizing the pilot implementation of the carbon credit trading floor to have a basis for auctioning this type of asset according to the order and procedures of the Law on Asset Auction.

Regarding prohibited acts (Article 9), there is a proposal to transfer the provision "Auction organizations are not allowed to use the advance payment of auction participants for any other purpose" in Article 39 to Article 9 on prohibited acts to ensure consistency.

The Standing Committee of the National Assembly said that the provisions in Article 39 on property auction organizations are not allowed to use the deposit of auction participants for any other purpose in point d2, clause 2, Article 9 as in the draft Law.

Source: https://daidoanket.vn/cam-vo-chong-anh-chi-em-ruot-tham-gia-phien-dau-gia-doi-voi-cung-mot-tai-san-10284199.html