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The thesis builds and completes the auction mechanism of civil judgment enforcement assets in Vietnam effectively in accordance with the Property Auction Law, market mechanism and international practice on the basis of 05 bridge to improve the law on auction of civil enforcement of civil judgment assets in Vietnam and propose 04 groups to finalize the law on 5 auction of civil enforcement of civil judgment assets in Vietnam. In addition to the introduction, overview of research issues, conclusions, lists of references and appendices.
LIST OF PUBLICATIONS "Research on the application of law in foreclosure auctions" (2013), published in an institutional level scientific research "Research on the application of law in real estate auction activities serving the training of auction skills at the Judicial Academy” "Why professional auction organizations not want to operate foreclosure auctions" (2013), Law of Democracy Law 7, 55 "There should be sanctions on customers who win the auction without paying for the assets, signing the sale and purchase contracts of auctioned properties" (2013), Journal of Law, 5, 61 "A need for a professional Auctioneer to build a professional auction organization in an evolving and competitive economy" (2013), Journal of Law, 6, 32 "A number of difficulties and obstacles in Decree No 17/2010 / ND-CP on the order and procedures for property auctions and guiding documents" (2015), Journal of Law , 3, 64 "Suggestions for drafting the Property Auction Law" (2015), Journal of Legislative Studies 15 (295), 39 "Current situation of the auctioning staff and requirements in training and retraining to meet judicial reform requirements" (2015), Law Journal of Law 1, 59 "Some inadequacies in practice apply the provisions of law on auction of civil property enforcement in our country today and some proposals on improving the law" (2016), Journal of Industry Law 3,6 "Subjective factors affecting foreclosure auctions in Vietnam" (2016), website of the Democratic - Law Review, Ministry of Justice 10 "Performing foreclosure auctions by executors under the Property Auction Law" (2017), an article on the implementation of the Law on Economic Property, the Democratic Review - Law, p.136 11 "Some problems and shortcomings in practical implementation of legal provisions on distraint and handling foreclosure auctions affecting the progress of property auctions" (2018), Vocational Journal Law, 2,18 PREAMBLE In the history of property auction development in Vietnam, the first items to be auctioned were foreclosed assets, which would later become traditional auction assets Auctioning foreclosed assets is not only meant to be about the auctions, but also to ensure that the legal enforcement of civil judgments and decisions of the courts are implemented to protect the rights and legitimate interests of the litigants In recent years, there have been many auctions whose assets were real estate from enforcement of civil judgment that were sold during live auctions, yet failed to issue final purchasing deeds to the winning bidders, which ultimately affected the reputation of the auction organizations and increased the hesistance in bidding on this type of auctioning assets among buyers within this already incredibly challenging market According to the 2017’s reports of judgment execution, the total number of unsold, re-valuated and reauctioned items was 7,535 of which the number of items that were reauctioned for times or more was 5,225 During the first months of 2018, the auction of distrained property remained a bottleneck, during which the whole country had 5,603 auctions equivalent to the amount of 7,144 billion 138 million and 714 thousand VND which have been distrained and reevaluated but not yet processed, including 3,911 items that were reauctioned for times or more There were 628 cases that have been auctioned successfully but have not been delivered to the winning bidders Therefore, the identification and timely guidance and removal of "bottlenecks" in the auction of property for execution of civil judgments is an urgent issue In particular, in the context of civil judgment execution activities, it is urgent to resolve bad debts of the system of banks and credit institutions, in order to maintain stability and to reduce bad debt ratios, those that failed to carry out many auctions and those that have seriously affected the safety of the credit system, the Bank, the legal rights of the judgment enforcers This has led to the goal of protecting human rights and civil rights in the civil and economic field, which was laid down in Resolution No 48/ NQ-TW dated May 24, 2005 on construction and improvement strategies Vietnam's legal system from 2010, orientation to 2020 is difficult to be implemented in practice On the other hand, the fact that many legal judgments and decisions have not been enforced in reality or have been being implemented for too long has created some damaging images as stated in "Developing a mechanism to ensure all judgments of the Court are legally effective, in which Laws must be enforced, ensuring legitimate rights and interests of individuals and organizations when participating in transactions, promoting healthy civil relations and development," according to the requirements of Resolution No 49 / NQ / TW June 2, 2005 of the Politburo on judicial reform by 2020 Although the law on foreclosure auctioning has been highly focused on resolving the obstacles and shortcomings in the auction of foreclosed assets from enforcement of civil judgment, in order to protect the legitimate rights and interests of participants, the results of auctioning assets from enforcement of civil judgment still are not very satisfactory: the progress of auctioning assets from enforcement of civil judgment is still prolonged and the number of unresolved projects still high, which is not as effective as expectations In terms of scholarly researches in recent years, the issue of auctioning assets from enforcement of civil judgment has been closely studied: there have been many projects in the form of scientific research, theses, dissertations, books, specialized journal articles, commenting and evaluation workshops related to auctioning assets from enforcement of civil judgment with different approaches Even though each approach on foreclosure auctions indeed has its own strong points, each approach still poses certain limitations Nevertheless, to date, there has yet to be an approach in the form of an intensive research at the doctoral thesis level about the overall auction of assets from enforcement of civil judgment, under both theoretical, legal and practical aspects, especially the new regulations on auction of enforcement of civil judgment assets in the Law on Civil Judgment Execution, Property Auction Law as well as guiding documents By approaching this issue regarding the enforcement of civil judgment in the form of an intensive research, this study aims to connect and overcome the dissatisfaction in current research projects on auction of executing assets civil judgment, allowing arguments for basic, long-term requirements, solutions and recommendations to improve the law and to improve the efficiency of auctioning property for civil judgment execution In order to create a strong change in civil judgment execution and to improve the efficiency of judgment execution, the author has chosen the topic "Auction of property assets as enforcement of civil judgment in Vietnam" as the thesis topic The thesis aims to systematically study the basic theoretical issues of auctioning civil judgment enforcement assets as well as the practical application of the law on auction of civil judgment enforcement assets, clarifying requirements and proposing to improve the effectiveness of auction of civil judgment execution in Vietnam under the perspective of a legal system Subjects and scope of the study focus on a number of theoretical issues about auctioning assets from enforcement of civil judgment, on the actual situation of law and practice while applying the law on auctioning of assets from enforcement of civil judgment in Vietnam, while comparing to and adapting from precedent regulations in the history of Vietnamese law as well as the regulations on auctioning of foreclosed assets in some countries in the world This study hopes to provide requirements and solutions to improve the efficiency of auctioning of assets from enforcement of civil judgment The thesis was studied on the basis of the correct methodology, the science of Marxism-Leninism and Ho Chi Minh's thought on the state and the law On the other hand, this thesis relies on using other specialized scientific research methods such as analysis, proof, comparison, interpretation and sociological methods, practical surveys, statistics to clarify the research problems The new scientific contributions of the thesis include: Firstly, the thesis has systemized and supplemented and deepened the issues of theory of auction of civil judgment enforcement assets, including concepts and characteristics of auction of civil judgment enforcement assets; analyze and explain the scientific basis of the law building on civil judgment enforcement property; elaborating the contents of auctioning of civil judgment execution property assets that need to be adjusted by law; Secondly, the thesis has synthesized and analyzed systematically the real situation of law and practice to apply the law on auction of civil enforcement of civil judgment assets in Vietnam; thereby focusing on assessing the limitations, shortcomings and causes of limitations, existing in the real situation of law and practice to apply the law on auction of property for civil judgment execution Thirdly, the thesis builds and completes the auction mechanism of civil judgment enforcement assets in Vietnam effectively in accordance with the Property Auction Law, market mechanism and international practice on the basis of 05 bridge to improve the law on auction of civil enforcement of civil judgment assets in Vietnam and propose 04 groups to finalize the law on auction of civil enforcement of civil judgment assets in Vietnam In addition to the introduction, overview of research issues, conclusions, lists of references and appendices, the thesis is presented with a structure of 03 chapters as follows: Chapter Theoretical issues about auction of property for civil judgment execution Chapter Actual situation of law and practice to apply the law on auction of civil enforcement of civil judgment properties in Vietnam Chapter Request and propose to improve the law on auction of civil enforcement of civil judgment assets in Vietnam OVERVIEW OF RESEARCH PROBLEMS Assessing the relevance of published works to the topic: "Auctioning of civil enforcement of civil judgment assets in Vietnam" First, the relevance of published works related to the theory of auction of civil enforcement of civil judgment assets in Vietnam The published works relate to the theory of auctioning civil enforcement of civil judgment assets without any research works fully and in-depth on the concept, characteristics, scientific basis and content adjustment of the law on auction of civil enforcement of civil judgment properties From there, allow to identify the nature of auction of civil enforcement of civil judgment assets compared to other types of assets offered for auction The works have not been connected with the history of legal regulations on auction of civil enforcement of civil judgment assets as well as not yet deeply reflect the auction of civil enforcement of civil judgment assets according to the provisions of law in another country Secondly, regarding the relevance of published works related to the actual situation of law and practice to apply the law on auction of civil enforcement of civil judgment assets in Vietnam Concerning the published works, there has not been any research work fully and in-depth about the actual situation of law and practice to apply the law on auction of civil enforcement of civil judgment assets in Vietnam In particular, no works have been able to explain fully and accurately the positive points and inadequacies and problems of auction of civil enforcement of civil judgment assets nationwide from 2014 to 2018 when the amended and supplemented Law on Civil Judgment Execution in 2014 and the Law on Property Auction in 2016 took effect Thirdly, regarding the relevance of published works related to requirements and proposing to improve the law on auction of civil enforcement of civil judgment assets in Vietnam Some projects have raised requirements and solutions to improve the efficiency of auction of civil enforcement of civil judgment assets in Vietnam, at certain angles, but these solutions and petitions are still small For each specific case, there has not been any work that has given the overall, sufficient requirements and proposed to improve the efficiency of auction of civil enforcement of civil judgment assets in Vietnam System of issues under the scope of research Firstly, on the issue of the theory of auction of civil enforcement of civil judgment assets The dissertation further clarifies the concept of auctioning civil enforcement of civil judgment assets, characteristics of auctioning civil enforcement of civil judgment assets, interpreting scientific foundations to develop a law on auction of assets Production of civil judgment execution, determination of basic contents that need to be adjusted by the law on auction of civil enforcement of civil judgment properties Secondly, on the current status of laws and practices on auction of civil enforcement of civil judgment assets in Vietnam Analyzing and assessing the real situation of law and practical application of civil judgment execution auction in Vietnam to have the most general view of the law on auction of civil enforcement of civil judgment properties From the analysis and evaluation of practice to apply the law on auction of civil enforcement of civil judgment assets to identify and clarify the limitations, inadequacies, explain the causes of limitations, exist in the law on auction of property for civil judgment execution Proposals to improve the law on auction of civil enforcement of civil judgment assets are set on the basis of the theory of auctioning of civil enforcement of civil judgment assets, assessing the status of laws and practical application of law on auction of civil enforcement of civil judgment assets; clarifying the requirements for completing the law on auction of civil enforcement of civil judgment assets, giving specific recommendations to improve the law on auction of civil enforcement of civil judgment assets Research questions, research approaches, research hypotheses and expected research results By posing and answering research questions in each content, determine the approach and prove the research hypotheses, the expected research results of the thesis The thesis has obtained: Firstly, systematize and perfect the theoretical basis of auction of civil enforcement of civil judgment assets This is the theoretical basis for the PhD student to propose requirements, propose to improve the law on auction of civil enforcement of civil judgment assets and find out the mechanism of auctioning property for civil judgment execution in accordance with the market economy in Vietnam Secondly, objectively and comprehensively assess the current status of laws and practices on auction of civil enforcement of civil judgment assets in Vietnam today, on that basis to create a practical basis for propose requirements, propose to improve the law and improve the efficiency of auction of civil enforcement of civil judgment assets in Vietnam Thirdly, the requirements of completing the law on auction of civil enforcement of civil judgment assets in Vietnam are proposed, and proposals to improve the law on auction of civil enforcement of civil judgment assets in Vietnam are aimed at improve the efficiency of auctioning this asset in Vietnam in a sustainable way CHAPTER THEORETICAL ISSUES ON ASSETS OF ASSETS ENFORCEMENT 1.1 Concept, property auction characteristics 1.1.1 Property auction concept Currently there are many concepts of property auctions and are studied from many different perspectives, starting from the legislative perspective, the level of economic development in each country In Vietnam, in addition to the concept of "property auction", there are many works offering the concept of "property auction" When considering the concept of property auctions and property auctions in terms of trade relations, the content of these two concepts is not different in nature: "Property auction is the process of property owners carrying out procedures for bringing properties to public auctions at organizing auctions according to the prescribed order and procedures Persons with auctioned assets shall be selected to organize auctions to effect the sale of properties There must be at least auction participants and the bidder has the highest bid or at least the starting price is the auction winner Through auction organization, the person with property auctioned for transfer of ownership, handover the property to the person who can buy the auctioned property according to the law ” 1.2 Concept, characteristics of auction of civil enforcement of civil judgment assets 1.2.1 Concept of auction of civil enforcement of civil judgment assets Not only in Vietnam, but most of the countries in the world also bring civil enforcement of civil judgment assets to public auction such as France, Germany, the US, Japan, Singapore Auction of executing assets Civil judgment is one of the types of property required to be put up for auction with the purpose of ensuring judgment execution Therefore, the nature of the auction of civil enforcement of civil judgment assets will bring the nature of property auctions in general and bring the same nature to this type of property When studying the concept of auctioning civil enforcement of civil judgment assets, researchers find that this concept can be considered in many different perspectives but there has not been a full and intensive research project on auction of property for execution of civil judgments under the perspective of a legal system The legal system for auctioning civil judgment enforcement assets is the overall legal provisions governing arising relations among entities in the auction process of civil judgment enforcement properties for real purposes present procedures before putting assets to auction, auction procedures, post-auction procedures to protect the legitimate rights and interests of subjects in auction of property for civil judgment execution Through auction organization, asset trading relationship between auctioned property owner and auction winner asset arises The person who buys the property is the person who pays the highest price or at least equal to the reserve price and is handed over the property, protecting the ownership and use of the 11 1.4 Contents of auction of property for execution of civil judgments 1.4.1 Civil enforcement of civil judgment assets are put up for auction Studying the provisions of the law on civil judgment execution in some countries shows that the civil enforcement of civil judgment assets which are put up for auction must be assets allowed to be traded, not banned from distraint according to regulations of the civil judgment execution law or not allowed to be auctioned according to the provisions of law, ensuring the transfer of ownership and lawful use rights for purchasers of assets 1.4.2 Subjects in the sale of property for execution of civil judgments In theory, the subjects in the auction of civil judgment enforcement properties will have subjects participating in property auction relations and specific subjects in civil judgment execution The authorized auctioneer must be an auction organizer, the person with executive authority must be an auctioneer 1.4.3 The order and procedures for auctioning property for civil judgment execution A country that has a sequence and procedures for civil enforcement of civil judgment auction will soon be able to recover money and property for judgment enforced people is considered a country with an effective enforcement system In order to conduct a public, transparent and effective auction of civil enforcement of civil judgment assets, a sequence of procedures for auction of assets must be fully and strictly prescribed by law in all three phases: the preauction stage, the auction execution stage and the auction stage of civil enforcement of civil judgment assets 12 1.4.4 Rights, obligations and legal responsibilities of entities in auction of property for civil judgment execution The law on auction of civil judgment enforcement assets must fully stipulate the rights, obligations and legal responsibilities of the subjects in the auction in general and the specific subjects in the auction of the enforced properties Civil judgment in particular These entities have their own legal relations in the auction of property for civil judgment execution and have certain specific rights: the right to receive property of the judgment enforced person; the right to receive the civil judgment execution property of the judgment debtors; rights of co-owners with the judgment 1.4.5 Ensuring the auction of property for civil judgment execution 1.4.5.1 The mechanism of managing, supervising and handling violations of auction activities of civil enforcement of civil judgment assets needs to be concentrated and unified, to strictly handle violations in auction of property for execution civil judgment 1.4.5.2 Professional qualifications and ethics of the authorized entities in auctioning civil enforcement of civil judgment assets are important factors in public auction and public auction implementation, correct order procedure 1.4.5.3 Service remuneration for civil enforcement of civil judgment assets must be appropriate, encouraging and encouraging the organization of real and enthusiastic asset auctions to increase asset value in property auctions enforcement 1.4.5.4 Mechanism to coordinate with relevant agencies in auctioning civil enforcement of civil judgment assets such as Notary Office, land management agency, judgment execution steering committee, police agency must be strict, clearly stipulating new responsibilities to ensure the effective implementation of auction activities of civil enforcement of civil judgment properties 13 CHAPTER CURRENT SITUATION OF LAWS AND PRACTICES ON THE APPLICATION OF LAWS ON THE SALE OF PROPERTY ASSETS IN VIETNAM 2.1 Actual situation of law and practice of applying the provisions of the law on civil enforcement of civil judgment assets shall be put up for auction, the competent subjects shall auction the properties of civil judgment execution 2.1.1 Actual situation of law and practice of applying regulations on civil enforcement of civil judgment assets is put up for auction The civil enforcement of civil judgment law in Vietnam has quite adequate provisions on distrained assets for auctions, but in practice it has encountered difficulties in determining which land use rights are distrained to give bidding to ensure judgment execution; If the distrained property is the land use right put up for auction, there is a difference in the actual area of distrained land and the area stated in the land use right certificate of the competent state agency These shortcomings have caused civil enforcement of civil judgment assets to be distrained and priced but the auction organization refuses to bid or bid in a bid but cannot transfer ownership and use rights, offer for buyers 2.1.2 Actual situation of law and practice to apply regulations on subjects in auction of property for civil judgment execution The advantage in the regulation of the competent subject of auctioning of civil judgment enforcement assets in Vietnam is that the regulations are relatively adequate However, in practice, there have been some shortcomings: (i) Lack of regulations on the powers of bailiffs and the bailiff's office on distraint, valuation and bringing 14 assets to auction; (ii) The current law on auction of civil judgment enforcement assets has not yet identified the person with the auctioned property in civil judgment execution 2.2 Actual situation of law and practice of applying legal provisions on order and procedures for auctioning civil enforcement of civil judgment properties Evaluating the provisions of the law on the order and procedures for auctioning civil enforcement of civil judgment assets, showing that the civil enforcement of civil judgment law in Vietnam has stipulated the procedures before auctions and procedures auctions and post-auction procedures However, in the process of applying legal provisions related to the order and procedures for auctioning civil enforcement of civil judgment assets, there are still many difficulties and shortcomings 2.2.1 Actual situation of law and practice of applying legal provisions on order and procedures of activities before carrying out civil judgment execution auction still entails difficulties in selecting valuation organizations outside the locality where there are distrained properties; inadequacies in the implementation of the provisions on executives to determine the reserve prices of distrained assets for auction; inadequacies in practical application of regulations on revaluation of distrained assets for auction; procedures, criteria for selecting auction organization to auction civil enforcement of civil judgment assets still form, unspecific and transparent; There is a lack of regulations on basic legal documents that the Administrator needs to provide to the auction organization before signing a contract for auction of civil judgment 2.2.2 The reality of the law and practice of applying legal provisions on order and procedures for organizing auctions of civil enforcement of civil judgment assets is still inadequate such as: signing a service contract the price of civil enforcement of civil 15 judgment assets has not yet been determined correctly on the subject, the signing time, the contract performance time ; The construction of regulations, procedures for announcing and registering for auction of civil enforcement of civil judgment assets still has many loopholes, limiting customers to participate in auctions, creating opportunities for collusion and price ; Procedures for organizing auction of civil enforcement of civil judgment assets still have some shortcomings: the price, form and method of auction have not guaranteed the auction principle, can not apply the form of auction Online prices on auction of civil judgment 2.2.3 Actual situation of law and practice of applying legal provisions on order and procedures for conducting activities after auctioning property for civil judgment execution in case of auction of auction shows that it is difficult to hand over property according to the statutory deadlines; funding for organizing the handover of assets for auction winners according to law provisions is still limited; There is no specific regulation on which the judgment debtors have to take legal responsibility when they deliberately cause or obstruct the transfer of civil enforcement of civil judgment properties to the purchasers of auctioned assets? Executors, civil enforcement of civil judgment agencies when civil enforcement of civil judgment assets are not handed over, can buy the auctioned property, shall they apply the pecuniary penalty regime according to the provisions of the 2015 Civil Code ? In case of unsuccessful auction of civil enforcement of civil judgment properties, the procedure for price reduction depends on the subjective will of the executor, prolonging the process of property handling; Especially, it is not possible to carry out auction of civil enforcement of civil judgment assets according to shortened procedures 2.3 Actual situation of law and practical application of legal provisions on rights, obligations and legal responsibilities of entities 16 in auction of civil judgment enforcement Rights and obligations of auction organizations, Auctioneers still have many shortcomings, lack of regulations on the rights and obligations of people registering to participate in the auction There are inequalities in the provisions of law when the person is executed If a person wishes to receive a civil judgment enforcement property, he / she must wait after the second price reduction onwards, but no one participates in the auction, bid or auction fails to receive the property And the judgment debtors are entitled to receive back the property before the auction day 01 working day at all times of the auctioning of properties The current civil judgment enforcement law does not have a common co-ownership regulation that can participate in property valuation, choose a valuation organization, and organize a property auction for general assets to be distrained to give 2.4 Actual situation of law and practice to apply the provisions of law on the assurance of auctioning activities of civil enforcement of civil judgment assets in Vietnam 2.4.1 The reality of the law and practice of applying the provisions of the law on standard conditions, training and retraining of Auctioneers is not appropriate, limiting a large number of students who want to follow the auction apprenticeship; More than 40% of Auctioneers in Vietnam are granted auction certificates but they have not yet passed the auction training course at the Judicial Academy 2.4.2 Actual situation of law and practice of applying the provisions of the law on professional ethics Auctioneers, remuneration for auction of civil enforcement of civil judgment assets is still inadequate despite the moral code Occupation for Auctioneers but no Auction Association to supervise the implementation of the Code of Professional Ethics The auction fee is still low, not suitable to the nature and purpose of auction activities, it is not encouraging the auctioning organizations to really 17 pay attention to find out the plans to sell assets at the highest prices If the Auctioneer does not live on a job, he will find ways to profit, collusion, price in the process of property auction and violation of professional ethics is inevitable 2.4.3 Actual situation of law and practice of applying the provisions of law on management mechanism, handling violations, supervising auction activities of civil enforcement of civil judgment assets shows quite a lot of problems: Management mechanism weak and weak operation of auction of civil enforcement of civil judgment properties; inspection and examination activities to handle administrative violations in the auction of civil enforcement of civil judgment assets are lacking in resolute, low sanction levels, and many violations have not been grounded to sanction administrative violations due to the provisions of law are insufficient and not specific; The mechanism of supervising the auction of civil enforcement of civil judgment property of the People's Procuracy is not uniform and clear 2.4.4 Actual situation of law and practice apply the provisions of law on coordination mechanism of competent agencies related to auction activities of civil enforcement of civil judgment assets such as Notary Public, Mechanical The State management agency on land, the judgment execution steering committee, the local authorities and the enforcement agency for handing over property also have many difficulties Lack of specific regulations on notarization of civil enforcement of civil judgment assets in case of failure to revoke papers on ownership registration; lack of grounds for revocation and issuance of new papers for auction winners In particular, there is a difference between the area in the Land Use Right Certificate which has been measured by the land management agencies with the actual area distrained by the civil enforcement of civil judgment agency laws to solve; the direction of the Steering Committee, the 18 coordination work of the local authorities and the police agencies at times, there are some areas where coordination is not good The specific responsibilities of each agency when violations occur not have specific regulations and sanctions CHAPTER REQUIREMENTS AND RECOMMENDATIONS TO COMPLETE THE LEGISLATION OF CIVIL JUDGE IN VIETNAM Completing the law is one of the duties of any State to ensure effective legal management of the society, in a fair legal order In Vietnam the improvement of the law in general, the law on auction of civil enforcement of civil judgment assets is required from the theoretical basis as well as the practical basis From the analysis of the theoretical basis of auction of civil enforcement of civil judgment assets and the actual situation of law and practice of applying the law on auction of civil enforcement of civil judgment assets in Vietnam, the lovers demand in perfecting the law in this area 3.1 Request to complete the law on auction of civil enforcement of civil judgment assets in Vietnam - Requirements for consistency, consistency and feasibility - Requirements for protection of legitimate rights and interests, clearly defining responsibilities of participating entities - Requirements to ensure specificity and strict compliance with the general order and procedures of property auctions - Requirements to ensure efficiency in the market economy and the trend of international economic integration 3.2 Proposing to improve the law on auction of civil enforcement of civil judgment assets in Vietnam 3.2.1 Amending and supplementing the provisions of the law on property, the subjects of auctioning civil judgment execution in 19 the direction of: amending the conditions for distraining land use rights for judgment execution in the Law on civil judgment execution for compliance in accordance with the current Land Law; or amend the conditions for land use right transfer in the Land Law and the documents required in the notarized land use right certificate for assets being the land use right in civil judgment execution; supplementing the provisions of Clause 4, Article 111 and the Law on Civil Judgment Execution, guiding how to handle distrained properties for auction in case of the difference in area; supplementing provisions on the powers of bailiffs and bailiffs' offices for distraint, valuation and bringing assets to auction; abolishing the regulation that executors carry out auctions of assets with a starting price of VND 10 million or less according to the order and procedures of auction according to Clause 3, Article 101, the Law on Civil Judgment Execution 3.2.2 Amending and supplementing the provisions of law on the order and procedures for auctioning property for civil judgment execution (i) Amending and supplementing regulations on activities before conducting an auction of civil enforcement of civil judgment assets: specifying conditions for initial valuation of valuation certificates outside the localities where exist distrained assets; abolish the regulations on executors to determine the reserve prices of distrained assets for auction sale; supplement regulations on procedures, time limit for selecting executives of the executors; supplement other criteria for the selection of property auction organizations and publicize the results of selection of auction executives; additional provisions on executors, civil enforcement of civil judgment agencies need to provide basic legal documents to serve as a basis for signing a property auction service contract 20 (ii) Amending and supplementing the provisions of the law on the order and procedures for conducting auction organizing activities: Amending and supplementing the regulations on signing contracts for auction of civil enforcement of civil judgment property services with the following contents: the body signing an auction service contract for civil enforcement of civil judgment assets must be an agency, civil judgment execution, bailiff office where bailiffs and bailiffs are authorized to sign; clearly determining the time limit for signing civil service enforcement asset auction contracts from the date of valuation results and taking into account the exception to common properties; the time limit for performance of contracts for auction of civil enforcement of civil judgment property complying with the notice and listing deadlines of the Property Auction Law; specifying the order and procedures for suspending the performance of civil property auction service contracts in the direction of protecting legitimate rights and interests of persons registering to participate in auctions Amending and supplementing a number of provisions related to the contents of the Property Auction Regulation, which need to have price steps, need to ensure the characteristics of general assets of the civil enforcement of civil judgment assets own in auction regulations - Amending and supplementing regulations related to announcements and listing in a more stringent manner: must publish a notice on a specialized newspaper on auction instead of posting auction notice on all types of newspapers print now The disclosure of information on property auctions has a starting price of 50 million and real estate is a compulsory procedure, not depending on the requirements of the property owner In addition to early construction and operation of a specialized website on property auctions to ensure 21 all announcements for auction of civil enforcement of civil judgment assets are publicly and transparently announced - Amending and supplementing regulations related to registration for auction participation in the direction of civil enforcement of civil judgment law must have separate regulations prohibiting two people in the family having marriage, blood relationship or nurturing may register to participate in the purchase of civil enforcement of civil judgment assets to avoid collusion and price devaluation - Amending and supplementing procedures for auctioning civil enforcement of civil judgment properties: There should be documents guiding the implementation of the price step frame to guide the regulations on price steps in the Property Auction Law; revise regulations on how to determine the auction winner in the form of auction by the same direction as the way to determine the auction winner in the form of a direct oral auction; fixing regulations in the form of auction by direct voting at auction in accordance with Article 42, Property Auction Law in determining auction winners in case there are two or more people at the same price highest in accordance with the principle and method of auction up; additional provisions on rejection of auction winning results according to Article 51, Property Auction Law for cases where two people pay the same price; There are specific incentives to encourage auction organization to apply online auction iii) Amending and supplementing the order and procedures for conducting activities after property auctions: Amending and supplementing the order and procedures for conducting activities after auctioning assets in the case of auctions: building up the principles of legal responsibility of competent agencies in coercive handover assets for auction winners; supplementing the long-term agreed asset handover when obtaining 22 the consent of the person who buys the auctioned property; separate regulations on the level of funding for handing over the enforcement of civil judgment enforcement properties to purchasers of properties; apply the penalty regime according to the provisions of the 2015 Civil Code for the executors and civil judgment enforcement agencies when the civil judgment enforcement properties are not handed over to buy the auctioned property - Amending and supplementing the order and procedures for conducting activities after auctioning assets in case of unsuccessful auctions: supplementing the provisions in the civil enforcement of civil judgment legislation regarding the execution of executors real estate execution property is real estate according to shortened procedures after 02 times of unsuccessful auction; amending regulations on asset price reduction to continue bidding in the direction of executors applying uniformly 10% discount each time; Additional provisions of Executives are signed a contract for property auction services for all assets that are movable under shortened procedures with assets with a starting price of less than VND 50 million 3.2.3 Amending and supplementing legal provisions on rights, obligations and legal responsibilities of entities in auction of property for civil judgment execution: amending and supplementing a number of rights, obligations of auction organizations, auctioneers; supplementing the rights and obligations of persons registering to participate in the auction, abolishing the regulation that the executors themselves carry out property auctions with the starting price of VND 10 million or less according to the auction order and procedures; the right to receive property of the judgment creditors and the judgment debtors' right to receive the properties shall be carried out before the civil judgment enforcement agencies sign service contracts with auction organizations and after the sale 23 unsuccessful auctions, the right to participate in the agreement on the reserve price, the selection of valuation organizations, the auction organization of the co-owners with the judgment debtors, the responsibility to hand over the properties to the winners price of judgment debtors 3.2.4 Amending and supplementing legal provisions on securing auction activities of civil enforcement of civil judgment properties in Vietnam (i) Amending and supplementing legal provisions on conditions and standards related to qualifications and professional skills of auctioneers, training and retraining activities for auctioneers: removing regulations on human conditions participating in auction vocational training course must have working time in the field of training for years or more to participate in auction vocational training course; allowing people who "have a university or postgraduate degree in one of the law, economics, accounting, finance and banking" to participate in auction vocational training courses; additional provisions on compulsory training for Auctioneers who are issued with Auctioneer cards but have not yet passed the auction training course (ii) Amending and supplementing the provisions of the law relating to the implementation of professional ethics Auctioneers, the frame of remuneration for civil enforcement of civil judgment services: soon establishing the Association and Auction Association nationwide; ensure the minimum asset auction service fee must be consistent with the actual cost and effort of the auction organization based on the value of the sold property, clearly defined in the civil enforcement of civil judgment law on how to mode and time limit for payment of property auction services remuneration for auction organization 24 (iii) Amending and supplementing the provisions of law relating to the mechanism of managing and supervising the auction of civil enforcement of civil judgment assets such as: issuing a new Decree on sanctioning administrative violations in the field auctioning of assets replacing Decree No 110 of September 24, 2003 towards increasing the sanction to deterrence, preventing administrative violations in the auction of civil enforcement of civil judgment assets, unifying the mechanism of operation supervision auction of civil enforcement of civil judgment assets of the People's Procuracy (iv) Amending and supplementing the provisions of law in coordination among relevant agencies in the auction process of civil enforcement of civil judgment assets: having specific provisions on asset notarization civil judgment execution in the 2014 Notary Law; supplementing provisions in the 2013 Land Law regarding procedures for granting land use right certificates to civil enforcement of civil judgment assets distrained for auction; There should be specific regulations regarding the mechanism of coordination in handover of assets, regulations on temporary cessation of enforcement in Circular No 03 of the Ministry of Public Security dated March 30, 2012 on specific regulations on coordination Forced enforcement of civil judgment execution; CONCLUDE In the context of international economic integration, building a socialist rule-of-law state in Vietnam, studying and finding a mechanism for auctioning civil enforcement of civil judgment assets in Vietnam is a problem, urgently set out to accelerate the process of handling property assets for civil judgment execution, reduce the number of outstanding civil sentences In order to accelerate the process of auctioning for auction of property assets 25 for civil judgment execution, protecting the legitimate rights and interests of subjects participating in this activity requires the Party and State to have the change in the provisions of the law for consistency, specific and consistent with the nature of auction activities The property of a civil enforcement of civil judgment property to be auctioned must conform to the value and ensure the transfer of ownership to the buyer The auction of civil enforcement of civil judgment assets must be carried out by the auction organization run by the Auctioneer to ensure the auction order, procedures, auction rules and price increase property treatment The law on auction of civil enforcement of civil judgment assets in Vietnam needs to stipulate the order and procedures for auction to comply with the general procedures The specific rights of the judgment creditors, judgment debtors and co-owners with judgment debtors must be carried out before putting the civil enforcement of civil judgment properties into auction to ensure peace fair, healthy competition of property assets enforcing civil sentences in a market economy Ensuring that the property auction mechanism of civil enforcement of civil judgment assets in Vietnam is closely coordinated by relevant agencies in the auction of property assets for execution of civil judgments Basically, comprehensive changes in the law on property auction of civil enforcement of civil judgment assets as proposed proposals will be the legal basis to improve the sustainable efficiency of auction property civil judgment in Vietnam ... efficiency of auction of civil enforcement of civil judgment assets in Vietnam Thirdly, the requirements of completing the law on auction of civil enforcement of civil judgment assets in Vietnam. .. characteristics of auction of civil enforcement of civil judgment assets 1.2.1 Concept of auction of civil enforcement of civil judgment assets Not only in Vietnam, but most of the countries in the world... of auction of civil enforcement of civil judgment assets in Vietnam System of issues under the scope of research Firstly, on the issue of the theory of auction of civil enforcement of civil judgment