Chapter II
AUCTIONEERS
Article 5. Criteria for an auctioneer
A Vietnamese citizen permanently residing in Vietnam who satisfies all the following criteria may work as an auctioneer:
1. Having good moral qualities:
2. Being a university graduate in law or economics;
3. Having completed an auction profession training course.
Article 6. Auction profession training
1. Holders of university degree in law or economics may register to attend auction profession training courses with auction profession training establishments.
2. The duration of an auction profession training course is 3 months. Training contents include legal knowledge, professional ethics, auction practice skills, and probation at a professional auction organization. A person who completes the auction profession training program will be issued an auction profession training certificate by the auction profession training establishment.
3. The Ministry of Justice shall specify the framework program for auction profession training courses and auction profession training establishments.
Article 7. Persons who are not required to attend auction profession training or are entitled to a shortened auction profession training duration
1. The following persons are not required to attend auction profession training:
a/ Professors, associate professors and doctors of law; professors, associate professors and doctors of economics; lawyers and executors.
b/ Principal verifiers in the court system and principal examiners in the procuracy system; principal inspectors; principal verifiers in judgment enforcement; principal officials; principal researchers and principal lecturers in law or economics;
c/ Senior verifiers in the court system and senior examiners in the procuracy system; senior inspectors; senior verifiers in judgment enforcement; senior officials and senior researchers in law or economics:
d/ Judges, procurators, investigators, auctioneers, notaries public and civil judgment enforcers.
2. Holders of university diplomas in law are entitled to a shortened legal knowledge training duration.
The Ministry of Justice shall specify the shortened auction profession training duration.
Article 8. Issuance of auction practice certificates
1. A dossier of request for an auction practice certificate comprises:
a/ An application for the certificate;
b/ A curriculum vitae stuck with a photo and certified by a competent agency;
c/ A judicial record card;
d/ A copy of the university degree in law or economics;
e/ A copy of the auction profession training certificate, or evidencing paper for those not required to attend auction profession training specified in Article 7 of this Decree:
f/ Two 3 cm x 4 cm photos.
2. An applicant for an auction practice certificate shall send one dossier set to the Ministry of Justice and pay a fee under regulations. Within 15 working days after receiving a valid dossier, the Ministry of Justice shall issue an auction practice certificate to the applicant. In case of refusal, it shall notify in writing the reason to the applicant.
3. The auction practice certificate serves as a ground for practicing property auction.
Article 9. Persons ineligible for issuance of auction practice certificates
1. Cadres and civil servants; army officers and professional army men and defense workers in People's Army agencies and units: operational officers and non-commissioned officers and technical officers and non-commissioned officers in People's Public Security agencies and units, except cadres and civil servants who need auction practice certificates to work for property auction service centers.
2. Persons who have lost their civil act capacity or have it restricted.
3. Persons who are currently subject to penal liability examination or who have been convicted and are not entitled to criminal record remission.
4. Persons who are currently subject to other administrative handling measures or who have been subjected to other administrative handling measures but the duration after which they are regarded as not yet having subjected to such measures has not expired under the law on handling of administrative violations.
Article 10. Re-issuance of auction practice certificates
1. The holder of an auction practice certificate which is lost or unusably damaged may have it re-issued.
2. A dossier of request for re-issuance of a certificate comprises:
a/ An application for re-issuance of a certificate;
b/ The damaged certificate.
For a lost auction practice certificate, a competent agency's or organization's certification is required.
3. The procedures and time limit for re- issuance of an auction practice certificate are the same as those specified in Clause 2. Article 8 of this Decree.
Article 11. Revocation of auction practice certificates
1. The holder of an auction practice certificate
may have it revoked in the following cases:
a/ Any of the cases specified in Article 9 of this Decree;
b/ He/she fails to regularly work at a property auction organization or no longer operates in the field of property auction;
c/ He/she has not conducted any auction for one year, unless he/she can give a plausible reason;
d/ He/she has been deprived of the right to use the certificate indefinitely under the law on handling of administrative violations;
e/ He/she commits prohibited acts specified in Article 13 of this Decree.
2. The Minister of Justice may revoke auction practice certificates and shall specify procedures for such revocation.
Article 12. Rights and obligations of an auctioneer
1. To regularly work at a professional auction organization.
2. To personally conduct property auctions and take responsibility before law and the property auction organization for property auction.
3. To adhere to the property auction principles provided in Article 3 of this Decree.
4. To deprive of the bidding right of violators of property auction rules.
5. To be objective and impartial in conducting property auction.
6. To compensate under law for damage caused by his/her fault to the property auction organization.
7. To exercise other rights and perform other obligations provided for by law.
Article 13. Prohibited acts of an auctioneer
1. Leasing, lending or allowing other organizations or individuals to use his/her auction practice certificate for carrying out auction activities.
2. Receiving any sum of money or benefit from the person having property put up for auction other than the auction charge and expenses agreed in the contract, or abusing his/ her capacity as an auctioneer to gain other benefits from organizations or individuals.
3. Abusing his/her responsibilities and powers to collude with organizations or individuals for self-seeking purposes.
Tìm kiếm
Nghị định 17/2010/NĐ-CP (Bản Word)