Where laws and regulations provide otherwise for special auction activities, such provisions shall prevail. Article 3 Auction activities must abide by laws, regulations, rules and national policies, and adhere to the principles of openness, fairness, free quotation and the highest bidder wins. Article 4 All movable and immovable properties that are allowed to be bought and sold freely by laws, regulations, rules and national policies may be auctioned; Laws, regulations, rules and national policies restrict the free sale of movable and immovable property, and must be approved by the relevant departments before the auction; If laws, regulations, rules and national policies prohibit the auction of movable and immovable property, it shall not be auctioned; Laws, regulations, rules and national policies stipulate that movable property and immovable property are monopolized and must be auctioned according to these provisions, and shall be auctioned to qualified bidders. Article 5 The administrative departments for industry and commerce at all levels shall be in charge of the management of the auction market within their respective administrative areas.
The departments of industry and commerce administration, finance and auditing at all levels shall, according to their respective duties and in accordance with the provisions of relevant laws, regulations, rules and national policies, supervise and inspect the implementation of these Provisions by units and individuals within their respective administrative areas. Chapter II Auction Institutions Article 6 To establish an auction institution, the following conditions shall be met:
(1) The name, organizational management system and business place of the auction institution.
(2) Having funds and facilities suitable for the business scale.
(3) It has perfect articles of association and management system.
(4) Having qualified auctioneers and other staff. Seventh the establishment of auction institutions, must be approved by the provincial administrative department for Industry and commerce, obtain a business license, can carry out the auction business. Article 8 The auction business of movable property and immovable property belonging to state-owned assets shall be operated by state-owned auction institutions. Article 9 An auction institution shall carry out auction business according to the entrustment of its clients. Tenth auction institutions and their staff shall not participate in bidding, nor shall they entrust or represent other units and individuals to participate in bidding.
If the staff of an auction institution has close relatives with bidders, or has other relationships with bidders that may affect the fair conduct of auction activities, they shall voluntarily withdraw. Article 11 An auction institution shall bear civil liability for the auction objects it keeps according to law. Twelfth after the auction, the bidder refuses to pay or delays the payment of the price, the auction institution may auction the auction target again. The difference between the cost of re-auction and the price lower than the original auction price shall be paid by the original bidder. Chapter III Objects of Auction Article 13 Unless otherwise stipulated by laws, regulations, rules and national policies, the following movable and immovable properties must be auctioned:
(1) Property that should be sold by the administrative organ or judicial organ in accordance with the law when carrying out a specific administrative act or judicial act.
(2) Collateral and lien that should be sold according to law.
(3) Handling of public property by state organs, social organizations, enterprises and institutions.
(4) there is no main thing.
(five) other movable and immovable property that must be auctioned according to law. Article 14 Movable property and immovable property under any of the following circumstances shall not be auctioned:
(a) laws, regulations, rules and national policies prohibit the sale.
(two) the dispute over the right of disposal has not been resolved.
(three) the right to dispose of is restricted without the approval or consent of the relevant departments, units or individuals. Article 15 If the auction target is movable property and immovable property owned by * * *, the auction can only be conducted with the consent of all * * *. Sixteenth state organs, social organizations, enterprises and institutions owned by the whole people shall go through the formalities of examination and approval, asset appraisal and asset transfer in accordance with the provisions of relevant laws and regulations. Article 17 The auction reserve price of movable property and immovable property belonging to state-owned assets as stipulated in Article 13 of these Provisions shall be evaluated by the state-owned assets evaluation institution in accordance with the relevant provisions of the state; The auction reserve price of other auction targets shall be determined by the client. Chapter IV Clients and Bidders Article 18 Clients have the right to dispose of auction targets according to law. Nineteenth after the auction, if the client fails to obtain the price according to the contract, he has the right to claim compensation from the auction institution. Article 20 Unless the auction institution agrees to reserve the right to bid, the trustor shall not participate in the bidding.
The client who reserves the right to quote can only quote once in the auction. Article 21 Before signing an auction contract, the client shall point out to the auction institution the defects of the auction target that he knows or should know. Twenty-second auction proceeds that should be turned over to the public finance according to law must be turned over in time and in full by the trustor, and shall not be withheld or divided up for any reason. Twenty-third bidders shall not go back on their word once they offer, but when other bidders offer higher prices, their quotations will lose their effectiveness. Twenty-fourth bidders can not obtain the auction target according to the provisions of the contract after paying the price, and have the right to claim compensation from the auction institution. Twenty-fifth clients and bidders shall pay auction fees and auction acceptance fees in accordance with the provisions. If the auction target is movable property and immovable property belonging to state-owned assets as stipulated in Article 13 of these Provisions, the auction institution shall pay the auction reserve price assessment fee in accordance with the provisions.