(LĐ online) - On the afternoon of May 21, continuing the 7th Session Program chaired by National Assembly Chairman Tran Thanh Man , the National Assembly discussed in plenary session in the hall a number of contents with different opinions of the draft Law amending and supplementing a number of articles of the Law on Property Auction. Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting.
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| Session view |
At the meeting, the National Assembly listened to the report of the Standing Committee of the National Assembly, Chairman of the Economic Committee of the National Assembly Vu Hong Thanh, explaining, accepting and revising the draft Law amending and supplementing a number of articles of the Law on Property Auction. After the National Assembly discussed a number of contents with different opinions of the draft Law amending and supplementing a number of articles of the Law on Property Auction, the submitting agency and the agency in charge of the examination coordinated to explain and clarify a number of issues raised by National Assembly deputies.
Many opinions of the delegates showed their enthusiasm and responsibility in recommending that the National Assembly and the drafting committee carefully study and make adjustments to perfect the draft law.
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| Delegates attending the meeting |
Participating in giving comments on the draft Law on Asset Auction, National Assembly Delegate Nguyen Tao - National Assembly Delegation of Lam Dong province expressed interest in the regulations on auctions for some specific types of assets such as land use rights to implement investment projects, assets for civil judgment enforcement, rights to use radio frequencies, rights to exploit minerals, etc.
Delegates said that the regulations on auctions for some specific types of assets such as: Land use rights for investment projects, assets for civil judgment enforcement, radio frequency use rights, mineral exploitation rights, etc., these regulations were issued in the context of the law on asset auctions in the past time being not strict, not suitable for practice, causing difficulties and obstacles for asset auction organizations, people with assets for auction and related individuals and organizations. For example, the regulations on the time limit for selling and receiving auction participation documents are not reasonable; sanctions are not strong enough for violations, there is no mechanism to cancel auction results in some cases; regulations on cases of prohibition from participating in auctions are not complete; There are no regulations on the authority to review dossiers for some types of assets with requirements and conditions for participating in auctions such as mineral exploitation rights, land use rights allocated by the State, land leased by the State to implement investment projects, and radio frequency use rights. In addition, the application of some general provisions of the Law on Property Auction to some specific types of assets such as assets for civil judgment enforcement still faces many difficulties and problems, so the inclusion of these specific assets in the draft Law needs to be specifically regulated to ensure feasibility when implementing the law.
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| National Assembly Delegate Nguyen Tao speaks about the Law on Property Auction |
These regulations are issued in the context that the current law on property auctions in the past still has many shortcomings, is not strict, and is not suitable for practice, causing difficulties and problems for auction organizations as well as people with auctioned assets and related individuals and organizations.
On the other hand, it is necessary to immediately stipulate in the Law some acts that show signs of prices exceeding the real value or being too unreasonable to authenticate, ensuring the real price and not the virtual price, it is necessary to specifically stipulate civil and criminal responsibilities when the auction subject bids a price that is far from reality, however, when the auctioneer has explained (at the live auction) and the subject continues to accept the auction price in an unrealistically subjective manner, it is necessary to stipulate how many times the bid exceeds the starting price and when winning the auction, the deposit is withdrawn, leading to the cancellation of the auction result, the penalty must be paid equal to how many times the deposit amount, such a regulation creates strictness in the price level and price steps.
Specifically, the regulations on the time limit for selling and receiving auction documents are not really reasonable, and the sanctions are not strong enough for violations of the law. The application of general regulations on asset auctions to some special types of assets such as assets for civil judgment enforcement still faces many difficulties and problems. Therefore, delegate Nguyen Tao said that it is necessary to include these special assets in the draft Law with specific, clear and strict regulations to ensure feasibility when implementing the Law. Regarding the content of special assets, the Government needs to have detailed regulations when implementing the Law.
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