Decision 1311/QD-BTP 2025 bracket of auction service charges applicable to property to be sold through auction

DECISION

Promulgating the bracket of auction service charges applicable to property required by law to be sold through auction

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THE MINISTER OF JUSTICE

Pursuant to the Law on Property Auction dated November 17, 2016, and the Law Amending and Supplementing a Number of Articles of the Law on Property Auction dated June 27, 2024;

Pursuant to the Law on Price No. 16/2023/QH15 dated June 19, 2023;

Pursuant to the Government's Decree No. 39/2025/ND-CP dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Judicial Support and the Director of the Department of Planning and Finance.

DECIDES:

Article 1. To promulgated together with Decision the bracket of auction service charges applicable to property required by law to be sold through auction as prescribed in Clause 1, Article 4 of the Law on Property Auction, amended and supplemented under Clause 2, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Property Auction (hereinafter referred to as property auction service).

Article 2. Subjects of application

1. Auctioned property sellers as prescribed in Clause 5, Article 5 of the Law on Property Auction, who conduct auctions for property required by law to be sold through auction under Clause 1, Article 4 of the Law on Property Auction, which was amended and supplemented under Clause 2, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Property Auction, except for cases where the auction of property is conducted by a Property Auction Council established by a competent person.

2. Property auction practicing organizations as prescribed in Clause 12, Article 5 of the Law on Property Auction.

3. Other individuals and organizations involved in auction of property required by law to be sold through auction as prescribed in Clause 1, Article 4 of the Law on Property Auction, which was amended and supplemented under Clause 2, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Property Auction.

Article 3. Property auction service charge

1. The property auction service charge shall be calculated per auction based on the value of the property at the reserve price in case of a successful auction, and shall be specified as follows:

a) The minimum property auction service charge: VND 1,000,000 per auction (One million Vietnam dong per auction);

b) The maximum property auction service charge corresponding to each bracket of property value at the reserve price shall be specified in Clauses 2 and 3 of this Article but must not exceed VND 400,000,000 per auction (Four hundred million Vietnam dong per auction).

2. The maximum property auction service charge corresponding to the bracket of property value at the reserve price applicable to property prescribed in Clause 1, Article 4 of the Law on Property Auction, which was amended and supplemented under Clause 2, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Property Auction, excluding the property prescribed in Clause 3 of this Article:

Note: The maximum property auction service charge corresponding to each bracket of property value at the reserve price or the total reserve price shall not exceed VND 400,000,000 per auction.

In case an auction involves multiple property items, of which a portion is successfully auctioned while the rest is not, the percentage (%) of successfully auctioned property and the percentage (%) of unsuccessfully auctioned property shall be determined based on the reserve price in order to calculate the property auction service charge in accordance with Clause 2, Article 3 of this Decision.

For example: Department X is assigned to handle the auction of 02 used cars with reserve prices of VND 80 million and VND 120 million, respectively. The percentage (%) of the reserve price for each car is 40% and 60%, respectively, and the total property value at the reserve price is VND 200 million. According to Clause 2, Article 3 of this Decision, the maximum property auction service charge that the property auction practicing organization may receive is: VND 6.82 million plus (+) 6% of the difference between the winning bid value and the reserve price.

Department X publicly announces the selection of a property auction practicing organization. As a result, property auction practicing organization A is selected with a registered price of VND 6 million plus (+) 6% of the difference between the winning bid value and the reserve price. The registered price of VND 6 million + 6% of the difference between the winning bid value and the reserve price shall serve as the basis for payment of the property auction service charge to the property auction practicing organization. Department X and property auction practicing organization A shall enter into a property auction service contract.

- In case both cars are successfully auctioned, within 20 days from the end of the auction, property auction practicing organization A shall be paid: VND 6 million plus (+) 6% of the difference between the winning bid value and the reserve price, and property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, which have been agreed upon in the property auction service contract.

- In case both cars are unsuccessfully auctioned, within 20 days from the end of the auction, property auction practicing organization A shall be paid the property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, as agreed upon between Department X and property auction practicing organization A in the property auction service contract.

- In case the car with a reserve price of VND 80 million is successfully auctioned and the car with a reserve price of VND 120 million is not successfully auctioned, within 20 days from the end of the auction, property auction practicing organization A shall be paid:

+ The property auction service charge for the successfully auctioned car: VND 6 million × 40% + 6% of the difference between the winning bid value and the reserve price of the successfully auctioned property.

+ Property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, as agreed upon between Department X and property auction practicing organization A in the property auction service contract.

3. The maximum property auction service charge corresponding to the bracket of property value at the reserve price applicable to property being land use right as prescribed by the land law under Clause 1, Article 4 of the Law on Property Auction, which was amended and supplemented under Clause 2, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Property Auction.

Note: The maximum property auction service charge corresponding to each bracket of property value at the reserve price shall not exceed VND 400,000,000 per auction.

In case an auction involves multiple land lots, of which a portion is successfully auctioned while the remainder is not, the percentage (%) of successfully auctioned lots and the percentage (%) of unsuccessfully auctioned lots shall be determined based on the reserve price in order to calculate the property auction service charge in accordance with Clause 3, Article 3 of this Decision.

For example: Land Development Organization A is assigned to handle the auction of 02 land lots, each with a reserve price of VND 60 billion, accounting for 50% of the total reserve price per lot. The total property value at the reserve price is VND 120 billion. According to Clause 3, Article 3 of this Decision, the maximum property auction service charge is: VND 59.09 million plus (+) 1% of the difference between the winning bid value of the land use rights and the reserve price.

Land Development Organization A publicly announces the selection of a property auction practicing organization. As a result, property auction practicing organization B is selected with a registered price of VND 55 million plus (+) 1% of the difference between the winning bid value of the land use rights and the reserve price. The registered price of VND 55 million + 1% of the difference between the winning bid value of the land use rights and the reserve price shall serve as the basis for payment of the property auction service charge to the property auction practicing organization. Land Development Organization A and property auction practicing organization B shall enter into a property auction service contract.

- In case both land lots are successfully auctioned, within 20 days from the date the auction ends, property auction practicing organization B shall be paid: VND 55 million plus (+) 1% of the difference between the winning bid value of the land use rights and the reserve price, and property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, as agreed upon by Land Development Organization A and property auction practicing organization B in the property auction service contract.

- In case both land lots are unsuccessfully auctioned, within 20 days from the date the auction ends, property auction practicing organization B shall be paid the property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, as agreed upon in the property auction service contract.

- In case where one land lot is successfully auctioned and one is not, within 20 days from the date the auction ends, property auction practicing organization B shall be paid as follows:

+ The property auction service charge for the successfully auctioned land lot: VND 55 million × 50% + 1% of the difference between the winning bid value and the reserve price of the successfully auctioned property.

+ Property auction expenses as prescribed in Clause 2, Article 66 of the Law on Property Auction, as agreed upon by Land Development Organization A and property auction practicing organization B in the property auction service contract.

Article 4. Effect and organization of implementation

1. This Decision takes effect on the date of its signing.

2. The Chief Office of the Ministry, Heads of units under the Ministry and relevant agencies, organizations and individuals shall implement this Decision./.