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Implementing
Rules of
Regulations of Shenzhen Special Economic Zone on Auction of
Properties
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No.
84th Decree of Shenzhen Municipal People' s Government.
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Implementing
Rules of Regulations of Shenzhen Special Economic Zone on Auction
of Properties
have been reviewed and adopted at the 134th meeting of the second
executive meeting of Shenzhen Municipal
People' s Government on
May 27th, 1999.
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These
regulations are herein promulgated and shall take effect as of the
date of promulgation.
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Mayor
Li Zibin
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August
17th, 1999.
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Implementing Rules of
Regulations of Shenzhen Special Economic Zone on Auction of
Properties
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Article
1 These rules are formulated in accordance with Article 83 of the
Regulations of Shenzhen Special
Economic Zone on Auction of
Properties (hereinafter referred to as the "regulations" ).
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Article 2 In the
case of establishing an agency of auction in Shenzhen Special
Economic Zone, the
applicant shall apply to the Municipal
Industrial and Commercial Authority for registration and business
license after getting the approval of the Municipal Commodity
Circulation Authority as well as the special
type license from the
Municipal Public Security Authority.
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To
engage in auction business of cultural relic, the agency shall
have registered capital of no less
than RMB 10,000,000 and obtain
the license for sales of cultural relic according the law.
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Article
3 The financial agencies of the
municipality and districts shall establish administrative
organization for
public property storehouse separately to engage
in the administration of public property storehouse respectively.
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Article
4 The municipality and districts
administrative organization for public
property storehouse shall establish and perfect the system of
property storage, insurance, move-in and move-out. The List of
Property Receipt which after being checked, shall
be signed and
sealed by the parties of delivery and submitted to the financial
agencies of the municipality
and districts for record
respectively. |
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In
case the financial agencies and
administrative organizations for public property storehouse of the
municipality
and districts violate relevant rules, dispose public
properties without authorization, administrative liabilities
of
the persons that bear responsibilities and the persons directly
responsible shall be investigated
by the supervisory department.
Where there are losses to the State assets, they shall be
responsible
for the compensation. And if it constitutes a crime,
they shall be prosecuted for criminal liabilities according to
the
law. |
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The
audit and supervision department of the municipality and districts
shall execute their duties to
supervise the daily operation of the
public property storehouses. |
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Article
5 The agencies of auction mentioned in
Article 9 and Article 10 of the Regulations
of Shenzhen Special Economic Zone on Auction of Properties
shall be determined and appointed by the municipal government
according to actual need through public
bidding. |
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The
municipal finance department takes charge in the specific bid
work. The public bidding committee
of the municipal agencies of
auction, which constitutes by the municipal finance, law,
commodity circulation,
industry and commerce, public security,
plan and land resource, culture, audit, and supervision of the
municipality and custom, court and relevant auction experts, takes
charge in the synthetically evaluating of the
agencies of auction
who participate in the public bidding, puts forward measures for
comment and decide
on a bid,
studies out the base price for bid and decides on the bid winner.
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The
following contents shall be synthetically evaluated: |
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1.
the business scale and scope of the agencies of auction; |
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2.
morality record of the auctioneer and other persons participate in
the auction; |
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3.
the business achievement and ratepaying situation of the former
two years; |
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4.
the illegal auction record; |
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5.
the amount of professional personnel of auction in the agency of
auction; |
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6.
other requirements sets by the municipal government. |
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Article
6 Any appointed agency of auction, which affirmed to subject to
one of the circumstances stipulated
by Article 23 of the
Regulations by the public bidding committee of the municipal
agencies of auction,
shall be withdrawn of its qualification of
auction of properties provided in Articles 9 and Article 10 of the
Regulations and thereby be proclaimed.
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If
it is necessary to appoint else agency of auction, the municipal
government shall invite public bidding
anew.
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Article
7 In case the goods of auction are monopolized commodities or
commodities under exclusive rights
which stipulated by laws and
regulations, the bidder shall have a corresponding valid
certification.
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Article
8 In case the progress of auction
suspends or ends according to the Regulations, the auctioneer
shall
notice the bidder and explain the reasons. |
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In
case the progress of auction continues when the reasons of the
stops have been removed, the auctioneer
shall release the notice
of auction. |
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Article
9 The real estates, with which land-use right obtained through
administrative allocation or
the way of abating or exempting the
price of the land, shall not be sold by auction unless having been
approved by the Competent Authority as well as having made up the
payable price of the lands. Such auction without
authorization or
shall be invalid. Relevant persons liable shall be punished by the
municipal administrative
department of real estate according to
relevant laws and regulations.
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The
aforesaid real estates which the judicial body or administrative
department ordered to seal up or
sell by compulsorily auction, the
payable price of the lands may be made up after the auction after
being approved by the municipal real estate administrative agency,
but shall be deducted from the concluding price
of auction in
priority.
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Article
10 Confirmation of Transaction of
Auction of Real Estate shall have the following terms: |
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1.
names and addresses of the parties of auction; |
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2.
classification and number of certificate of property right of the
real estate; |
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3.
locations, areas, and four boundaries of the real estate; |
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4.
lot umber of the land, the character and year limits of the
land-use right; |
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5.
sharing rights and interests of the public parts and the rights
and duties of co-owners; |
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6.
the date of auction and delivery of real estates; |
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7.
the concluding price of auction and the way and deadline of
payment; |
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8.
liabilities for breach of contract and measures of resolving
dispute; |
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9.
other items needing to agree on. |
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Article
11 After transaction of auction of the
real estate, the consigner and purchaser may apply to the
municipal
administrative department of real estate for handling
the registration of the transfer of the ownership of real estate
according to laws and regulations with the presentation of the
valid Confirmation of Transaction of
Auction of Real Estate and
relevant materials, the department shall handle such registration.
If it
is necessary , the auctioneer shall assist the purchaser. |
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Article
12 No auction of cultural relics that
are prohibited in circulation shall be conducted. Auction of
cultural relics that
are limited in circulation shall be with
appraisal and approval from relative cultural administrative
department.
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Article
13 The cultural administrative
department shall give the appraisal conclusion and written reply
on approval
or disapproval of auction within 15 working days from
the date of receiving the application for appraisal of cultural
relics. If it fails to give such conclusion or written reply
within the aforesaid time limit, it may
take it for granted that
it approves the auction. |
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If
the cultural relics for appraisal are prohibited to be schlepped
or shipped out the country according
to laws, the details thereby
shall be clearly recorded in the appraisal conclusion. |
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Article
14 The cultural relics which appraised
to have important historical, scientific and artistic value, the
cultural administrative department may limit the scope of agencies
of auction and require directional auction. The
scope of bidders
limits to such cultural relics collection and research institution
such as state-owned
museums and arts halls or state-owned
enterprises and government-sponsored institutions. |
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The
scope of cultural relics that have important historical,
scientific and artistic value mentioned
in the aforesaid paragraph
shall be publicized in public.
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Article
15 The agencies of auction shall registered the cultural relics
that are to be auctioned. Name,
character, origin and right of
disposal, consigner and name, address and other basic information
of
the purchasers shall be recorded.
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The
registration record mentioned in the aforesaid paragraph shall be
preserved with the record of the
auction at the same time. The
preservation shall not less than 5 years as of the date of
transaction
of auction.
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Article
16 If the purchaser want to schlep or ship the cultural relics out
the country after the transaction
of auction, he shall handle
relevant procedures.
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In
the case of auctioning the cultural relics that come from
overseas, the consigner or auctioneer shall
apply to the custom
and cultural relics export appraisal department for handling
procedures of temporary
entrance and re-leave the country with the
presentation of the entrance customs declaration.
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Article
17 In the case of auctioning titles
or stock rights or other properties rights of an enterprise, the
consigner shall have valid disposal
right and such auction shall
meet the requirements that provided by laws and regulations.
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In
case evaluation of auction object before auction is required by
law or the consigner, the evaluation
fees shall be assumed by the
consigner; In case the auction object is sealed up or sold by
compulsorily
auction, the evaluation fees may be deducted from the
concluding price of auction after the transaction of auction.
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Article
18 In case the purchaser apply for handling the registration of
the transfer of the ownership
of the vehicle with the presentation
of the Confirmation of Transaction of Auction and relevant
materials
after the transaction of the vehicle by auction, the
traffic department of the municipal public security shall handle
such procedure according to relevant rules of the state.
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The
auction of business license for taxi shall be carried out
according to the Regulations
of Shenzhen Special Economic Zone on Administration of Taxi
and its implementing rules.
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Article
19 The auction of the following goods shall be carried out
according to the rules implemented
by the state separately:
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1.
after having been quarantined to be eligible, the perishable goods
such as fruit, vegetable, fish,
meat and refrigerant goods and
other goods that are difficult to preserve for a long time, may be
auctioned
on the spot abide by the principles of public bid and an
owner with the highest price;
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2.
the confiscated and pursued cultural relics, guns, ammos and other
combustibles and explosives that
are prohibited in currency, shall
be turn in to the special department for disposal by the authority
of law enforcement according to the rules implemented by the state
and at the same time reported the finance department
of the
municipality and districts for record;
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3.
scrap and old plastic, dress, and other
industrial flotsam, after being appraised quarantined and
sterilized,
shall be disposed according to the
rules implemented by the state;
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4.
nasty book and periodical, pirate disk,
tape, video tape etc., after being appraised and affirmed by
relevant department, shall be destroyed by relevant department of
law enforcement according to the
rules implemented by the state and at the same time reported the
finance department of the municipality
and districts for record.
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Article
20 The Trade Association of Auction of Shenzhen Municipality,
which being registered and established
according to the law, is a
self-disciplined corporation of trade of auction. The association
is responsible
for drawing the conduct standard and moral standard
for trade of auction, organizing the training and examination
for
the persons to take the occupation of auction, and implementing
supervision over the agencies of
auction and their employees
according to laws, regulations and articles of the association.
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Article
21 These implementing rules shall take effect as of the date of
promulgation. |
