Headlines 07/12/2022 15:25 CH

New regulations of Vietnam on cases of registration of security interests

Lý Hải

On November 30, 2022, the Government of Vietnam promulgated Decree No. 99/2022/ND-CP on registration of security interests.

According to the Decree, 4 cases of registration of security interests are as follows:  

- Registration of the mortgage of property, pledge of property, and reservation of ownership in accordance with the Civil Code and other relevant laws;

- Registration following the agreement between the grantor and the secured party or the request of the secured party, except for cases of lien over property;

- Registration of notifications of disposition of collateral in cases where one asset used as security is used for many tasks with many secured parties or in cases where the grantor and the secured party have an agreement;

- Registration of changes to registered contents; removal of registered contents regarding the 3 cases mentioned above.

(Currently, cases of registration of security interests include: Mortgage of land use rights; mortgage of property on land in case of having the Certificate of Rights to Use Land, etc.; mortgage of aircraft, pledge of aircraft; pledge of sea-going vessels.)

Decree No. 99/2022/ND-CP comes into force as of January 1, 2023 and replaces Decree No. 102/2017/ND-CP

Regulations on the implementation of online procedures prescribed in Clause 2 Article 56 of Decree No. 99/2022/ND-CP come into force as of January 1, 2024; regulations on real estate registration come into force as of the time prescribed by laws on real estate.


Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to info@thuvienphapluat.vn.


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