(Chinhphu.vn) – Sendding comments to the 5 session, National Assembly XIV, voters in Thua Thien - Hue Province proposed the Ministry of Justice to study additional regulations on granting practice certificates for Auction Center officials and employees. land to provide land use rights auction services.

According to the voters' opinion, Article 5th of the Decree No. 43/2014 / ND-CP dated May 15, 2014 of the Government stipulates that the land fund development organization may provide land use right auction services; Clause 9, Article 2 of the Joint Circular No. 16/2015 / TTLT-BTNMT-BNV-BTC dated April 4, 2015 of the Ministry of Natural Resources and Environment, the Ministry of Home Affairs and the Ministry of Finance also stipulates development organizations. Land fund is provided with land use right auction service.

However, Article 9 of the Decree No. 17/2010 / ND-CP and Article 15 of the Law on Property Auction in 2016 stipulates that cadres, civil servants and public employees are not granted auction practice certificates except public servants and employees. working for the Center for property auction services.

Voters of Thua Thien-Hue Province request the Ministry of Justice to study amendments and supplements along the direction of granting auction practice certificates to land fund development center officials and employees for the performance of auctions of land use right services. land.

Regarding this issue, The Ministry of Justice replies as follows:

The Property Auction Law was passed by the the 2nd session, XIV National Assembly on November 17, 2016, and takes effect from July 1, 2017. Article 10; Clause 12, Article 5 and Clause 1, Article 18 of the Law on standards of auctioneers, property auction organizations (including property auction service centers and property auction businesses), forms practicing auctioneers at property auction service centers, property auction businesses or wholly state-owned organizations set up by the Government to handle non-performing loans of credit institutions.

Clause 2, Article 15 of the Law also stipulates that persons who are cadres, civil servants and public employees in the case of civil servants or public employees may apply for auction practice certificates to work for the auction service center. property prices.

As such, the Land Development Center is not a property auction organization and may not provide property auction services in accordance with the Law on Property Auction. Therefore, civil servants and public employees working at the Land Fund Development Center do not fall into the cases where they are granted auction practice certificates as prescribed.