Unreasonable, difficult to implement!

This afternoon, May 21, the National Assembly discussed in the hall a number of controversial issues of the draft Law amending and supplementing a number of articles of the Law on Property Auction.

Regarding the regulations on people who are not allowed to participate in auctions, many delegates expressed concerns when the draft added: "Father, mother, wife, husband, children, siblings, parent companies, subsidiaries, enterprises where individuals, organizations or groups of individuals and organizations have the ability to control operations through ownership, acquisition of shares, capital contributions or through the decision-making of the enterprise when registering to participate in auctions of the same property".

Delegate Tran Van Tuan

Delegate Tran Van Tuan ( Bac Giang delegation) suggested that the group of subjects not allowed to register to participate in the auction should not be added, which are fathers, mothers, wives, husbands, children, brothers, sisters, and siblings, because this regulation is not suitable both legally and practically.

Legally, according to the provisions of the Constitution, the Civil Code, and the Law on Marriage and Family, all citizens in general and the above-mentioned subjects in particular have the right to own property and have private property, especially in cases where these people have moved out, are married, and have their own income.

Therefore, if the regulation does not allow fathers, mothers, wives, husbands, children, brothers, sisters, and siblings to register to participate in the auction of the same property, it is a restriction on citizens' property ownership rights, inconsistent with the Constitution and relevant legal provisions, and inconsistent with the case where the State auctions land use rights to allocate residential land to individuals and organizations with land use fees collected.

In fact, in an auction of land use rights for land allocation with land use fees, there are often many different plots of land. If father, mother, wife, husband, children, brothers, sisters, and siblings all have the right to register to participate in the auction of many different plots of land along with many other customers who are not related by blood or marriage, it does not affect the objectivity of the auction and is not the cause of collusion or price suppression.

On the other hand, the above regulation also creates extremely complicated administrative procedures for auction organizations in the process of carrying out procedures for customers to register to participate in the auction.

“In an auction with hundreds of customers participating, the procedure of checking these subjects to see if they have a marital or blood relationship with each other is an extremely difficult, complicated and difficult problem to implement. If the auction is discovered after the auction and the winning bid is canceled and the auction is re-auctioned, it will create huge consequences, causing costs and waste” – delegate Tran Van Tuan analyzed.

Delegate La Thanh Tan

Agreeing with the above opinions, delegate La Thanh Tan ( Hai Phong delegation) found that the provisions in the draft law aim to limit collusion and price-fixing when participating in the auction of the same property between people with the above-mentioned relationships, but in reality it is very difficult to implement.

Because, when organizing an auction, the professional auction organization cannot know all the family relationships among the auction participants such as father, mother, wife, husband, children, brothers, sisters, and siblings, nor do they have the conditions to verify the above information.

The delegate suggested considering including this content in the draft law. If included, there needs to be a mechanism to ensure feasibility in practice as well as ensure the rights of individuals when participating in auctions. In addition, according to Mr. Tan, it is necessary to clarify what is meant by "having the ability to influence activities", because this provision is qualitative and very difficult to determine in practice.

Also mentioning this issue, Delegate Nguyen Minh Tam (Quang Binh delegation) said that when this regulation is applied, there will be many problems and different interpretations, leading to complaints and denunciations about auction participants.

Specifically, the law only generally stipulates father, mother or child, while Clause 16, Article 3 of the Law on Marriage and Family stipulates family members more broadly.

“To resolve the issue, and at the same time to ensure feasibility and consistency in the process of applying the law, I propose to clearly stipulate in the draft whether father or mother is the biological father, mother or both adoptive parents; stepfather, stepmother or child is the biological child or both adopted child and daughter-in-law, son-in-law. Similarly, biological siblings, half-siblings... also need to be clearly defined” – delegate Tam suggested.

Delegate Hoang Duc Thang

Similarly, delegate Hoang Duc Thang (Quang Tri delegation) thought that the draft design of the above regulation was intended to ensure strictness, avoiding the case of those who registered to participate in the auction bringing family members into the "blue team, red team", making the auction less objective. However, in reality, if the regulation is like this, many complicated problems will arise and limit civil rights.

"I support this option, which needs to be carefully considered and if it does not have all the necessary elements, it should not be included in this draft law," Mr. Thang stated his opinion.

Source: https://vov.vn/chinh-tri/khong-cho-vo-chong-cung-dau-gia-de-tranh-thong-dong-chua-hop-ly-kho-kha-thi-post1096651.vov