第一条 为了规范拍卖行为,维护拍卖秩序,保护拍卖活动各方当事人的合法权益,制定本法。
Article 1 This Law has been formulated with a view to standardizing the auction behavior, safeguarding the auction order, and protecting the legitimate rights and interests of various parties involved in auction activity.
第二条 本法适用于中华人民共和国境内拍卖企业进行的拍卖活动。
Article 2 This Law shall apply to the auction activity carried out by auction enterprises within the territory of the People's Republic of China.
第三条 拍卖是指以公开竞价的形式,将特定物品或者财产权利转让给最高应价者的买卖方式。
Article 3 Auction means the buying and selling form through which designated articles or property rights are transferred, in the form of public bidding, to those providing the highest bidding price.
第四条 拍卖活动应当遵守有关法律、行政法规,遵循公开、公平、公正、诚实信用的原则。
Article 4 Auction activity shall abide by relevant laws and administrative decrees, and follow the principle of openness, fairness, impartiality, honesty and credibility.
第五条 国务院负责管理拍卖业的部门对全国拍卖业实施监督管理。
Article 5 The State Council is responsible for managing the department in charge of the auctioning industry, which will exercise supervision over and management of the national auctioning industry.
省、自治区、直辖市的人民政府和设区的市的人民政府负责管理拍卖业的部门对本行政区域内的拍卖业实施监督管理。
People's governments of various provinces, autonomous regions and municipalities directly under the central government and people's governments of cities with districts are responsible for managing the departments in charge of the auctioning industry, which will exercise supervision over and management of the auctioning industry within their respective administrative regions.
公安机关对拍卖业按照特种行业实施治安管理。
Public security departments shall exercise security control over the auctioning industry as special industry.
第六条 拍卖标的应当是委托人所有或者依法可以处分的物品或者财产权利。
Article 6 Auction target shall be articles or the property rights owned by trustees or disposable according to law.
第八条 依照法律或者按照国务院规定需经审批才能转让的物品或者财产权利,在拍卖前,应当依法办理审批手续。
Article 8 Articles or property rights whose transfer is subject to the examination and approval according to law or in accordance with State Council provisions shall, before being auctioned, go through examination and approval procedures according to law.
委托拍卖的文物,在拍卖前,应当经拍卖人住所地的文物行政管理部门依法鉴定、许可。
Cultural relics consigned for sale shall, before being auctioned, be assessed and permitted according to law by the cultural administrative department where the auctioneer resides.
第九条 国家行政机关依法没收的物品,充抵税款、罚款的物品和其他物品,按照国务院规定应当委托拍卖的,由财产所在地的省、自治区、直辖市的人民政府和设区的市的人民政府指定的拍卖人进行拍卖。
Article 9 Should articles confiscated by the state administrative department according to law, articles used to pay taxes or fines and other kinds of articles be auctioned on consignment in accordance with State Council provisions, they shall be auctioned by the auctioneers designated by the people's governments with districts where such property lies.
拍卖由人民法院依法没收的物品,充抵罚金、罚款的物品以及无法返还的追回物品,适用前款规定。
The auction of articles confiscated by a people's court according to law, articles used to pay fines and found articles that cannot be returned are subject to the stipulation of the above paragraph.
第十条 拍卖人是指依照本法和《中华人民共和国公司法》设立的从事拍卖活动的企业法人。
Article 10 An auctioneer is an enterprise legal person that has been established to engage in auction activity in accordance with this Law and the Corporate Law of the People's Republic of China.
设立拍卖企业必须经所在地的省、自治区、直辖市人民政府负责管理拍卖业的部门审核许可,并向工商行政管理部门申请登记,领取营业执照。
The establishment of an auction enterprise is subject to the examination and approval by the department in charge of managing the auctioning industry as authorized by the people government of a province, an autonomous region and a municipality directly under the central government where it is located, and shall apply and register with the administrative department for industry and commerce receive a business license.
第十二条 设立拍卖企业,应当具备下列条件:
Article 12 Whoever establishes an auction enterprise shall meet the following requirements:
(三)有与从事拍卖业务相适应的拍卖师和其他工作人员;
(3) Having auctioneers and other staff qualified for the auctioning business;
(四)有符合本法和其他有关法律规定的拍卖业务规则;
(4) Having formulated rules on the auction business that comply with this Law and the stipulations of other relevant laws;
(五)有公安机关颁发的特种行业许可证;
(5) Having the permit on a special industry issued by the public security department;
(六)符合国务院有关拍卖业发展的规定;
(6) Complying with the State Council provisions regarding the development of the auctioning industry;
(七)法律、行政法规规定的其他条件。
(7) Meeting other requirements as prescribed by laws and administrative decrees.
第十三条 拍卖企业经营文物拍卖的,应当有一千万元人民币以上的注册资本,有具有文物拍卖专业知识的人员。
Article 13 Should an auction enterprise handle the auction of cultural relics, it shall have a registered capital of at least 10 million yuan and have personnel with the professional expertise of relics auction.
第十五条 拍卖师应当具备下列条件:
Article 15 An auctioneer shall meet the following requirements:
被开除公职或者吊销拍卖师资格证书未满五年的,或者因故意犯罪受过刑事处罚的,不得担任拍卖师。
Those who have been dismissed from their posts and those for whom five years have not passed since their auctioneer certificates were revoked, or those who have been meted out criminal punishment for deliberately committing a crime may not serve as auctioneers.
第十六条 拍卖师资格考核,由拍卖行业协会统一组织。
Article 16 The examinations for the qualification of auctioneers shall be organized exclusively by the auction Industry Association.