On April 9, speaking with Lao Dong reporter about the mistake of Mr. Pham Van Mien (Van Tuong village, Bao Khe commune, Tien Lu district, Hung Yen) causing 1m2 of land in Tien Lu district to be auctioned for up to 4.92 billion VND, Lawyer Duong Van Mai - Bach Duong Law Firm (Hanoi Bar Association) - said that according to the provisions of Clause 5, Article 9 of the 2016 Property Auction Law, amended and supplemented in 2024, it is strictly forbidden for auction participants, auction winners... to commit the following acts:
a) Providing false information and documents; using fake documents to register to participate in auctions and attend auctions.
b) colluding or colluding with auctioneers, property auction organizations, auction owners, other auction participants, individuals, or organizations to lower prices, raise prices, or distort the results of property auctions.
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d) Other prohibited acts as prescribed by relevant laws.
According to this regulation, collusion or collusion with auctioneers, property auction organizations, auction owners, other auction participants, individuals and organizations to lower prices, raise prices, and distort the results of property auctions.
The act of colluding to lower prices or raise prices in property auction activities is also stipulated in Point c, Clause 1, Article 218 of the 2015 Penal Code amending and supplementing in 2017 "Consensus to lower prices or raise prices in property auction activities".
The act of colluding to lower prices or raise prices in property auctions with the purpose of disrupting property auctions or for illegal profits is the subject of handling according to the provisions of law and must have the element of "coordination", meaning that there must be at least two participating entities that can be property auction participants combined with auctioneers/auction companies/people with assets.
"In the case of Mr. Pham Van Mien, if not proving the" collusion "element, it is also difficult to handle this behavior in administration or criminal. In case of confusion, Mr. Mien should contact the competent agency or organization to organize the auction, set up a property auction council to clarify the confusion to have grounds to resolve the incident in the direction of canceling the auction results.
Currently, according to the provisions of Clause 1, Article 72, the 2016 Property Auction Law is amended and supplemented by 2024, the winning results may be canceled under the agreement of the person with auctioned property, the property auction organization and the winning bidder ... except in the case of damage or affecting the interests of the State, the legal rights of individuals and organizations. In addition, the results of property auction can also be canceled through the procedure in the court, ”said lawyer Duong Van Mai.
Lawyer Duong Van Mai added, when the property auction results were canceled, in principle, if the cancellation was not due to violations of the law, not causing damage to the organizers and individuals, the property used to participate in the auction would also be refunded after deducting the prescribed expenses of that property auction.
On April 9, speaking with reporters, Mr. Pham Van Mien (Van Tuong village, Bao Khe commune, Tien Lu district, Hung Yen) said that his family had submitted a petition to report the incident on the afternoon of April 8.
I submitted an application on the afternoon of April 8, 1 application was sent to the district's one-stop department, 1 application was submitted to the Department of Agriculture and Environment of Tien Lu district, said Mr. Mien.
