Best Practices in e-Auction Implementation in Vietnam
This presentation highlights the successful introduction of e-auction practices in Civil Judgment Enforcement in Vietnam. It covers the application process, relevant legislations, current challenges, and proposed solutions such as training for auctioneers and stricter regulations. The aim is to improve efficiency, transparency, and adherence to legal standards in property auctions.
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Plenary Session 5: Example of Best Practices in e-Auction Introduction of Introduction of e e- -Auction in in Vietnam Vietnam Auction NGUYEN Thi Ngan (Ms) Principal Examiner, Directorate of Civil Judgment Enforcement, Ministry of Justice, Vietnam 1
1. 1. Auction in Civil Judgment Enforcement (CJE) in Vietnam Auction in Civil Judgment Enforcement (CJE) in Vietnam Apply for: Real Estates Movables valued from 10 million VND (~430 USD) The price appraisal organization Parties reach an agreement about the value of the property (1) (1) failed but Parties reach agreement about choosing the price appraisal organization (2) => Executor signs a contract (1) and (2) failed => Executor chooses the price appraisal organization and signs a contract The auction organization: Parties reach an agreement about the auction organization => Executor signs a contract with the chosen one. Parties cannot consent => Executor chooses the auction organization and signs a contract. Ministry of Justice Directorate of CJE Judicial Support Department Professionally guide, direct CJE work, including auctioning properties of judgment enforcement Guide, examine the organization and activities of property auction => Online announcement: The auction, Selection of price appraisal organization, and Selection of auction organization 2
2. E 2. E- -Auction in Vietnam Auction in Vietnam 2.1. Legislations 2.1. Legislations Law on Property Auction no.01/2016/QH14, dated November 17, 2016, by the National Assembly (https://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=11092) Decree no.62/2017/N -CP dated May 16, 2017, by the Government on detailing a number of articles and measures to implement the Law on Property Auction. An auction organization is eligible for e-auction if it establishes an e-auction website and has: Technical infrastructure system to conduct e-auction Staff to operate the technical system of the e-auction website Technical plan and solutions to ensure the security of the e-auction website. The Director of the Provincial Department of Justice has the competence to approve the eligible auction organization. 3
2.2. Current situation 2.2. Current situation 6 auction organizations are eligible for e-auction Difficulties: Controlling the effectiveness of e-auction: More effective, publicity, transparency. New method not familiar with many people, especially those who are in rural and mountainous areas Taking advantage of collusion, price manipulation, illegal profiteering Has not been applied in CJE. 4
2.3. Solutions 2.3. Solutions Training for auctioneers Regulations on the properties for e-auction More supervising and strict punishment for violation Improving the quality of the e-auction website => Applying the e-auction in CJE. 5
Thank you for your attention! Contact: NGUYEN Thi Ngan (Ms) Principal Examiner, Directorate of Civil Judgment Enforcement, Ministry of Justice, Vietnam LinkedIn: https://www.linkedin.com/in/ngannt-moj-vn/ Email: ngannt@moj.gov.vn 6
