Consider supplementing the form of auction for public asset leasing in the form of auction
National Assembly deputies highly appreciated the sense of responsibility of the drafting agency, the verification agency and relevant agencies, and the close guidance of the National Assembly Standing Committee in absorbing and revising the draft law; believes that, up to now, the draft law has basically met its set goals.
Regarding auction assets specified in Article 4 of the draft law, the Standing Committee of the Economic Committee found that the current law and the draft law are stipulating the direction of listing the types of assets that according to specialized laws must be sell through auction and uniformly apply the order and auction procedures for these types of assets. In addition, specialized laws also stipulate which assets and what value must be sold through auction, what assets and what value cannot be sold through auction, and what assets must be auctioned. right to use (rental right), any asset is auctioned for ownership. At the same time, the current law and the draft law both have general provisions for other assets that specialized laws require to be sold through auction to ensure comprehensiveness, completeness and predictability. against assets that may arise in the future.
Regarding the right to use radio frequencies, the Standing Committee of the Economic Committee proposed to keep the provisions in the draft law presented to the National Assembly at the Friday Session to ensure compliance with the law on frequencies. radio; Acquiring and amending the property "right to use internet domain names" into "right to use codes, telecommunications numbers and Vietnamese national domain name ".vn" to be consistent with the provisions of the Telecommunications Law 2023.
Commenting on the above content, National Assembly Delegate Ha Phuoc Thang (Ho Chi Minh City) raised the issue, according to the provisions of the Law on Management and Use of Public Assets 2017 and guiding documents containing regulations on leasing. Public assets, leasing exploitation rights, and rights to use public assets are one of the forms of exploiting financial resources from public assets. In reality today, auctions of exploitation rights and rights to use premises such as parking lots, canteens, kiosks at units such as schools, hospitals... have been carried out a lot and the demand is high. also very big. Meanwhile, the draft Law only stipulates one form of selling assets through auction without the form of leasing public assets, leasing exploitation rights, or rights to use public assets through auctions. asset. From this reality, delegate Ha Phuoc Thang proposed adding the form of auction for leasing public assets, exploitation rights, and rights to use public assets through auction.
Propose additional prohibited acts for organizations practicing asset auctions
Regarding the provisions in the draft law on "auction participants and asset auction organizations can agree to replace deposits with bank guarantees", National Assembly Delegate Nguyen Thi Suu (Thua Thien Hue) proposed It is recommended to include the person with the auctioned assets in the agreement to ensure the implementation and responsibility of the parties involved. In case "the parties choose to replace the deposit with a bank guarantee", specific regulations on guarantee limits, guarantee period, etc. must be added.
Comments on Clause 4, Article 1 of the draft Law (amending and supplementing Article 9 of the Law), National Assembly Delegate Nguyen Minh Tam (Quang Binh) It is proposed to add two additional prohibited acts for asset auction organizations: pressuring, threatening or committing illegal or socially unethical acts to gain advantages for themselves or the organization. Position in auction practice; Receive or request money or other benefits from the person registering to participate in the auction in addition to the money from the sale of auction participation documents, deposit money and other costs that have been determined and agreed upon; Receive or request money or other benefits from a third person to conduct or not conduct an asset auction or conduct an asset auction in contravention of regulations.
The current Asset Auction Law only prohibits the receipt of money, assets or benefits for the purpose of falsifying auction results, but does not prohibit the act of receiving money, assets or benefits for the purpose of falsifying auction results. for the purpose of distorting the results of selecting an asset auction organization. Pointing out this fact, delegate Nguyen Minh Tam also proposed to amend and supplement point b, clause 4, Article 9 of the Law on Asset Auctions in the direction: "Receiving any amount of money, assets or benefits from auction appraisers, asset auction organizations, and auction participants to falsify asset auction results; results of selecting an asset auction organization.
