RELEASED DATE 05 Sep 2022
1. Auction organization: Thang Loi Partnership Auction Company. Address: 4th floor, Times Tower, 35 Le Van Luong street, Nhan Chinh ward, Thanh Xuan district, Hanoi city.
2. Owner of auctioned asset: Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV). Address: BIDV Tower, No. 194 Tran Quang Khai, Ly Thai To Ward, Hoan Kiem District, Hanoi City.
3. Time and location of the auction:
- Time: At 8:00 a.m. on September 16, 2022.
- Location: Room 11.04 11th floor, IPC Office Building, No. 1489 Nguyen Van Linh, Tan Phong Ward, District 7, Ho Chi Minh City.
4. Information about auctioned asset:
4.1. Asset name: Debts of Tai Nguyen Construction Production and Trading Company Limited at BIDV (hereinafter referred to as “Debts”), including all principal balance and outstanding balance of interest, fees incurred up to the date of the debt sales transaction.
4.2. Information about debts
a) Name of the debtor: Tai Nguyen Construction Production and Trading Company Limited (hereinafter referred to as the “Debtor”).
b) Address: 10 Nguyen Hue, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam.
c) Legal representative: Vu Anh Tam – Position: Chairman of the Member’s Council.
d) Business registration certificate No. 0301446616 issued by the Department of Planning and Investment of Ho Chi Minh City for the first time on March 29, 1996, and changed for the 25th time on April 13, 2022.
e) Total outstanding balance as of June 30, 2022 is 4,904,034,442,763 VND, of which principal balance is 2,506,336,914,438 VND, interest balance is 2,397,697,528,325 VND under credit extension contracts as follows: Credit Contract No.00130/2005/0000045 dated 11/01/2005; Credit Contract No.00130/2006/00001613 dated 19/09/2006; Credit Contract No.07/62886/HD dated 15/06/2009; Credit Contract No.603/2010/HD dated 17/08/2010; Credit Contract No.1229/2012/HD dated 28/12/2012; Credit Contract No.1248/2013/HD dated 31/12/2013; Credit Contract No.01/2017/HDDA dated 30/06/2017 và Credit Contract No.01/2020/62658/HDTD dated 03/07/2020.
g) Security measures for the debtor's payment obligation for the Debts include the following security transactions: (i) Contract of mortgage of land use rights and assets attached to land to be formed in the future No. 3001/2018/62886/HDDA dated January 30, 2018 signed between Tai Nguyen Construction Production and Trading Company Limited and the Banks (BIDV, MSB, PVCombank); (ii) Mortgage contract with a third party's property No. 922/2014/62886/HDTC dated October 24, 2014 signed between Ha Tay Construction and Construction Materials Co., Ltd., Tai Nguyen Construction Production and Trading Company Limited and BIDV – So Giao Dich 2 Branch.
4.3. Information of disputes related to the Debt:
a) At the time of this auction notice, BIDV is participating in the settlement of disputes related to the Debts in the case "Dispute on credit contract" at the People's Court of District 1 according to the notice of acceptance of the case. No. 43/TB-TLVA dated March 21, 2022.
Status and progress of dispute settlement: BIDV has made an advance payment of court fees and charges on March 21, 2022 with the amount of 2,399,647,682 VND. Currently, BIDV is participating in the settlement according to the provisions of the law on civil proceedings.
b) For other disputes, Joint Stock Commercial Bank for Investment and Development of Vietnam has no information yet.
5. Original price, deposit, document fee and price step:
a) Original price: 4.425.891.084.594 VND (In words: Four thousand four hundred twenty five billion eight hundred and ninety one million zero hundred eighty four thousand four hundred and fifty nine Vietnam dong)
b) Deposit: 442.589.108.459 VND (In words: Four hundred and forty-two billion, five hundred and eighty-nine million, one hundred and eight thousand, four hundred and fifty-nine Vietnam dong).
c) Document fee: 500,000 VND (Five hundred thousand Vietnamese dongs)/ 01 set of documents.
d) Price step: 1,000,000,000 VND (In words: One billion Vietnamese dongs).
Note: The original price does not include costs related to the transfer of ownership/use of assets, registration fees, court fees together with expenses related to disputes mentioned in Section 4.3. of this Notice and other costs (if any) when purchasing the Debts, these costs shall be borne by the successful auction person. The purchase and sale of Debts are not subject to value added tax.
6. Form and method of auction: Auction by direct vote at the auction, by the method of bidding up.
7. Time and place to consult auction participation documents and receive auction participation documents: From the date of public posting of the auction notice until 4:00 p.m on September 13, 2022 at 4th floor, Tower 2, Times Tower Building, No. 35 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City or at Room 11.04 11th floor, IPC Office Building, No. 1489 Nguyen Van Linh, Tan Phong Ward, District 7, Ho Chi Minh City or 7th Floor, 24 Le Thanh Ton, Ben Nghe Ward, District 1, Ho Chi Minh City.
8. Time and place to view debt records: On September 07, 2022 and September 08, 2022 at the headquarters of Thang Loi Partnership Auction Company - 4th floor, tower 2, Times Tower building, No. 35 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City or Room 11.04 11th floor, IPC Office Building, No. 1489 Nguyen Van Linh, Tan Phong Ward, District 7, Ho Chi Minh City.
9. Objects, conditions and methods of participating in the auction:
- Objects and conditions to participate in the auction: Individuals and organizations register to participate in the auction by submitting a valid application for participation, document fee for participation in the auction and the deposit to the auction organization in accordance with regulations. Individuals and organizations that register to participate in the auction must not be eligible for registration to participate in the auction as prescribed in Clause 4, Article 38 of the Law on Property Auction 2016.
- How to register to participate in the auction: Individuals and organizations registering to participate in the auction contact Thang Loi Partnership Auction Company to proceed with paying the auction participation fee, deposit and valid registration documents.
10. Time for payment of deposit: From 08:00 am on September 13, 2022; September 14, 2022; ends at 4:00 p.m. on September 15, 2022. Deposit is paid by bank transfer to the account:
+ Account name: Thang Loi Partnership Auction Company
+ Account No: 14410000253088 opened at Joint Stock Commercial Bank for Investment and Development of Vietnam - Thong Nhat Branch.
(The above procedures are carried out during office hours on working days, excluding Saturdays, Sundays and public holidays and Tet holidays as prescribed by law).
- Debts are auctioned according to their status in terms of outstanding balance, legal status, potential risks, collaterals of the Debts, Debt records, dispute status, Debt quality,... and all other issues and factors related to the Debts at the time of being put up for auction.
- In addition to information related to the debt provided by the property owner, the participant is responsible for reviewing, understanding and self-determining the legal status of the debt. The buyer of the auctioned asset is entitled to own all debt collection rights and other rights and obligations related to the debt arising under the Credit Contract and amendments and supplements between BIDV and Tai Nguyen Construction Production and Trading Company Limited.
If necessary, please contact: Thang Loi Partnership Auction Company. At: 4th Floor, Tower 2, Times Tower Building, 35 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City or at the headquarters of Ho Chi Minh City Branch - Thang Loi Partnership Auction Company, Room 11.04 11th floor, IPC Office Building, No. 1489 Nguyen Van Linh, Tan Phong Ward, District 7, Ho Chi Minh City. Tel: 024 3514 9763 – 0337844545.
(This notice replaces the invitation of the auction).