Ms. Nguyen Thi Mai

Deputy Director General, Agency of Judicial Support, Ministry of Justice

Ms. Nguyen Thi Mai

Deputy Director General, Agency of Judicial Support, Ministry of Justice

Biography

Prior to the current position since 2014 as Deputy Director General of the Agency of Judicial Support, Nguyen Thi Mai was Head of Lawyer Management Division, Agency of Judicial Support. At her position, Ms. Nguyen Thi Mai has participated in the development of various important laws and decrees of Vietnam Government, namely the Law on Lawyers, the Decree on Asset Administrator and the practice of asset management and liquidation, Law on Property Auction and the detailing legislative documents, Decree on commercial conciliation, and regulations on commercial arbitration, etc.

Nguyen Thi Mai holds a Bachelor degree in Law from the National University of Moldova (former Soviet Union) and a Master Degree in Law from Kyushu University, Japan.

Topic:

Property auction in public asset management

Public auction is one of the forms of disposal of public property, specified in the Law on Management and use of public property. The advantage of public asset disposal through auction is that it ensures openness, transparency, maximizes asset value, and avoids the loss of public assets.

Public assets must be sold through public auctions in accordance to Law on Management and use of public asset. Public asset auctions shall be conducted in accordance with the principles and procedures given in the Law on Property Auction.

In order to ensure the effectiveness of public asset auctions, the Law on Property Auction specifies the separation of asset auction procedures with pre- and post-auction procedures prescribed in the Law on Management and use of public assets, including determination of starting price, asset valuation, handling of property when the auction fails … especially the contracting and purchasing of assets after auction as the contract between the property owner and the auction winner, avoiding the situation where the signatory does not have the authority to hand over the property and issue invoice.

Public property auctions, apart from having to comply with the general procedure of asset auction, must also comply with the procedures for selection of qualified property auction agency (facilities, auctioneers, approved by Ministry of Justice, etc.); auction is only in bid up way, must public the starting price via printed news agencies, television broadcast stations and specialized websites; the establishment of Property auction Council is strictly regulated (when detailed in law or when the auction agency is not successfully chosen). In addition, the Law on Property Auction also specifies the rights and obligations of property owners before, during and after auctions.