Chương II Nghị định 62/2017/NĐ-CP hướng dẫn Luật đấu giá tài sản: Cấp, thu hồi thẻ đấu giá viên, đăng ký hoạt động đối với doanh nghiệp đấu giá tài sản thành lập trước ngày luật đấu giá tài sản có hiệu lực thi hành

Chapter II

ISSUANCE AND REVOCATION OF AUCTIONEER CARDS; REGISTRATION FOR OPERATION APPLIED TO AUTION HOUSES ESTABLISHED BEFORE THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION

Section 1. ISSUANCE AND REVOCATION OF AUCTIONEER CARDS

Article 3. Procedures for issuance of auctioneer cards

1. A property auction organization or bad debt management organization shall submit an application for issuance of auctioneer cards held by its auctioneers directly, by post, or in any form deemed appropriate to the Service of Justice in the province where it is headquartered. An application includes:

a) An application form for issuance of auctioneer cards;

b) Certified true copies or copies of auction licenses enclosed with original copies;

c) 1 color photo size 2cm x 3cm (taken not longer than 6 months from the date of submission of photo)

2. Within 5 working days from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the Service of Justice shall issue auctioneer cards; if the application is rejected, it shall provide explanation in writing.

Within 3 working days from the date on which the auctioneer cards are issued, the Service of Justice shall post the list of auctioneers on its website, and forward it to the Ministry of Justice.

3. An auctioneer card shall maintain valid only when its holder practices in the organization for which the auctioneer card is applied. The auctioneer is entitled to conduct an actual auction only if he/she is issued with an auctioneer card. The auctioneer has to wear his/her auctioneer card when conducting an auction. The holder of auctioneer card may not work as a notary or bailiff as a part-time job.

4. The template of auctioneer card shall be issued by the Ministry of Justice.

Article 4. Procedures for re-issuance of auctioneer cards

1. If an auctioneer working in the property auction organization or bad debt management organization has his/her auctioneer card lost or damaged, such organization shall submit an application for re-issuance of auctioneer card following the procedures prescribed in Clause 1 Article 3 hereof. An application includes:

a) An application form for re-issuance of auctioneer card;

b) 1 color photo size 2cm x 3cm (taken not longer than 6 months from the date of submission of photo).

2. Within 3 working days from the date on which the application is received, the Service of Justice shall consider issuing the auctioneer card; if the application is rejected, it shall provide explanation in writing.

Article 5. Procedures for revocation of auctioneer cards

Within 3 working days from the date on which an auctioneer has his/her auction license revoked under a decision issued by the Minister of Justice, the Service of Justice which issued his/her auctioneer card based on such auction license shall issue a decision on revocation of the auctioneer card. The decision on revocation of auctioneer card shall be sent to the auctioneer having his/her card revoked, his/her working place, the Ministry of Justice, and post it on the Services of Justice’s website.

The auctioneer card shall be no longer valid from the date on which the corresponding auction license is revoked by the Ministry of Justice.

Section 2. REGISTRATION FOR OPERATION APPLIED TO AUCTION HOUSES ESTABLISHED BEFORE THE EFFECTIVE DATE OF THE LAW ON PROPERTY AUCTION

Article 6. Registration for operation applied to auction houses established before the effective date of the Law on property auction having operation converted

1. If an auction house established before effective date of the Law on property auction wishes to have the whole of its operation converted into an auction house prescribed in Article 23 of the Law on property auction, it shall submit an application for registration directly, by post, or in any form deemed appropriate to the Service of Justice in the province where it is headquartered. The application includes the documents prescribed in Points a, b, and c Clause 1 Article 25 of the Law on property auction.

2. The newly-established auction house which is issued with a certificate of registration by Service of Justice shall inherit all legitimate rights and interests and obligations in property auction from the auction house established before the effective date of the Law on property auction.

3. The newly-established auction house which is issued with a certificate of registration by Service of Justice shall publish its content of certificate of registration as prescribed in Article 28 of the Law on property auction. The aforesaid Service of Justice shall publish content of certificate of registration as prescribed in Article 27 of the Law on property auction.

Article 7. Registration for operation applied to auction houses established before the effective date of the Law on property auction keep operating property auction line of business and conduct other lines of business

1. If an auction house established before effective date of the Law on property auction wishes to keep both operating property auction line of business and conducting other lines of business as prescribed in law on enterprises, it shall establish a new auction house as prescribed in Article 25 of the Law on property auction.

2. The newly-established auction house as prescribed in law on the Law on property auction shall inherit all legitimate rights and interests and obligations in property auction from the auction house established before the effective date of the Law on property auction.

3. After the newly-established auction house is issued with a certificate of registration by Services of Justice, the auction house established before the effective date of the Law on property auction shall terminate the property auction line of business and may not have the phrase “đấu giá tài sản” (property auction) used in its name.

4. The newly-established auction house which is issued with a certificate of registration by Service of Justice shall publish its content of certificate of registration as prescribed in Article 28 of the Law on property auction. The aforesaid Service of Justice shall publish content of certificate of registration as prescribed in Article 27 of the Law on property auction.