Removing difficulties in property auctions

BHG - Property auction (Auction) is one of the popular forms of property sale, ensuring independence, honesty, publicity, transparency, fairness, and objectivity. At the same time, it protects the rights and legitimate interests of the property owners, auction participants, auction winners, auction property buyers, and property auction organizations. However, property auction work in the province still has many problems that need to be resolved.

BHG - Property auction (Auction) is one of the popular forms of property sale, ensuring independence, honesty, publicity, transparency, fairness, and objectivity. At the same time, it protects the rights and legitimate interests of the property owners, auction participants, auction winners, auction property buyers, and property auction organizations. However, property auction work in the province still has many problems that need to be resolved.

Recently, the Provincial People's Committee has issued many directives and official dispatches to direct, rectify and guide agencies, units and localities with auctioned assets to strictly and correctly implement the regulations on legal procedures on property auction; focusing on the auction of land use rights; property auctions are working offices associated with the transfer of land use rights; auction of rights to exploit sand and gravel mineral mines.

According to information from the Provincial Property Auction Service Center: The unit builds, consolidates, and provides auction services for 16 types of assets according to the procedures and principles stipulated in the 2016 Property Auction Law. The tasks of the auction service unit are spread across the province, with diverse auctioned assets, including complex and highly competitive mineral exploitation rights auctions. The process of carrying out auctions ensures publicity, transparency, and compliance with legal regulations. Up to now, property auction activities have been known by many agencies, organizations, and individuals and have built up prestige.

Mineral gathering site for common construction materials in Vinh Tuy town (Bac Quang)

From 2020 to 2025, the Provincial Auction Service Center successfully auctioned a number of valuable assets such as: Provincial Political School, Ha Phuong Water Park, exploitation rights of 12 mineral mines... Signed 438 auction contracts; total starting price over 1,250 billion VND; starting price of successful auctions 593 billion VND; selling price 1,244 billion VND; exceeding the starting price 651 billion VND; auction service fee 2.6 billion VND; budget payment 261 million VND. The results of the auction implementation ensure full compliance with regulations.

Currently, the National Assembly has issued the Law amending and supplementing a number of articles of the Law on Property Auction 2024, effective from January 1, 2025, regulating property appraisal activities to become more complete and transparent; resolving overlapping and conflicting situations in the legal system, specializing and professionalizing property appraisal activities; preventing and preventing collusion in price reduction and price inflation; and making property appraisal activities healthier. Statistical results in the province show that the value of assets sold is much higher than the starting price, contributing to the state budget revenue and local socio-economic development. The effectiveness and efficiency of state management of property appraisal activities have gradually improved.

However, the facilities and warehouses serving the auction activities are still lacking. The revenue from auction service fees of the provincial Auction Service Center is small because the value of the assets put up for auction is mostly small, the starting price of the auctioned assets is not close to the market price, leading to a high rate of unsuccessful auctions. However, the level of autonomy in regular expenditures assigned by the Provincial People's Committee to the unit is high, not suitable for the unit's revenue, leading to times when the unit has difficulty in paying salaries and salary contributions to civil servants. The auction of mineral exploitation rights was successful with a large value, but due to the specificity of the locality, the mines put up for auction are mainly unexplored mines, so after the auction is organized, it must go through many steps and procedures such as granting exploration licenses, establishing investment projects, granting investment licenses, granting mineral exploitation licenses, at which time the unit with assets can complete the procedures for paying fees.

On the other hand, the time to complete the above procedures is estimated to take 1 year to complete. The starting price and the winning auction price are both provisionally calculated based on the forecasted resource reserves. In the coming time, due to the impact of policy mechanisms such as: Abolishing the form of asset handling by auctioning land use rights associated with the transfer of assets on land which are working offices according to Decree 03/2025/ND-CP, dated January 1, 2025 of the Government regulating the rearrangement of the handling of public assets such as real estate; the work of rearranging the organization of 2-level local governments will affect the auction of land use rights.

To resolve the difficulties, the province focuses on improving the quality and effectiveness of propaganda, dissemination and education of laws on land use rights with forms suitable to local conditions and practical situations; improving the effectiveness and efficiency of state management on land use rights, focusing on the subjects of the People's Committees of newly established communes after the reorganization of the government. Reviewing and supplementing regulations on land use rights auctions with land use fees and land leases in the province, ensuring strict compliance with the provisions of the law on land, land use rights and related laws.

Director of the Department of Justice Truong Huy Huan said: The sector will advise the Provincial People's Committee to focus on auctioning land use rights to implement investment projects of great value, with favorable locations, potential, suitable for the socio-economic development of the locality. Auctioning the right to exploit unexplored minerals. Strengthening the inspection and supervision of law enforcement by those with authority to manage assets, people with assets in communes in putting assets up for auction; auction procedures for organizing online auctions of land use rights; strictly handling agencies, organizations, officials, civil servants, and public employees who violate the law on land use rights auction.

Article and photos: Kim Tien

Source: https://baohagiang.vn/kinh-te/202506/thao-go-kho-khan-trong-dau-gia-tai-san-0351713/