Summary of Doctoral thesis: Auction of property assets as enforcement of civil judgment in Vietnam

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.

1 "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”

2 "Why do professional auction organizations not want to operate foreclosure auctions" (2013), Law of Democracy Law 7, 55

3 "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

4 "A need for a professional Auctioneer to build a professional auction organization in an evolving and competitive economy" (2013), Journal of Law, 6, 32

5 "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

6 "Suggestions for drafting the Property Auction Law" (2015), Journal of Legislative Studies 15 (295), 39

7 "Current situation of the auctioning staff and requirements in training and retraining to meet judicial reform requirements" (2015), Law Journal of Law 1, 59

8 "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

9 "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 3 times or more was 5,225 During the first 6 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 3 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 1 Theoretical issues about auction of property for civil judgment execution

Chapter 2 Actual situation of law and practice to apply the law on auction of civil enforcement of civil judgment properties in Vietnam

Chapter 3 Request and propose to improve the law on auction of civil enforcement of civil judgment assets in Vietnam

OVERVIEW OF RESEARCH PROBLEMS

1 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

2 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

3 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 1 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 2 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

property after completing payment procedures in accordance with law

1.2.2 Characteristics of auction of civil enforcement of civil judgment properties

The characteristics of the auction of civil enforcement of civil judgment assets will first bear the characteristics of property auctions in general (section1.1.2) and bring the following characteristics:

- Legal basis to carry out auction of civil enforcement of civil judgment assets based on the effective judgment or decision of the subject of jurisdiction;

- The competent person to bring the civil enforcement of civil judgment property to auction is not the property owner but an authorized subject to organize civil judgment execution which is empowered by the State;

- Civil judgment execution properties which are put up for auction must be distrained and valued according to the order and procedures prescribed by law on civil judgment execution;

- Order and procedures for auctioning property of enforced civil enforcement of civil judgment properties of the State

1.3 The scientific basis of the construction of the law on auction of civil enforcement of civil judgment assets

(i) Execution of civil obligations, ensuring the enforcement

of civil judgments and decisions;

(ii) Protection of human rights of entities in the THADS period;

(iii) Ensuring that assets are put up for auction in accordance with rules of value, competition, supply - demand

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 auction stage, the auction execution stage and the auction stage of civil enforcement of civil judgment assets

pre-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