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MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 22/2010/TT-BTP
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Hanoi, December 06, 2010
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CIRCULAR
INSTRUCTIONS ON ONLINE
REGISTRATION, PROVISION OF INFORMATION ABOUT GUARANTEED TRANSACTIONS,
CONTRACTS, AND NOTIFICATION OF PROPERTY DISTRAINT SERVING ENFORCEMENT OF
JUDGMENTS
Pursuant to the
Civil Code dated June 14, 2005;
Pursuant to the Law
on Electronic Transactions dated
November 29, 2005;
Pursuant to the Law
on Civil Judgments Enforcement dated November 14, 2008;
Pursuant to Decree
No. 65/2005/NĐ-CP dated May 19, 2005 of the Government on the amendments to
some articles of Decree No. 16/2001/NĐ-CP dated May 02, 2011 of the Government
on the organization and operation of finance lease companies; Pursuant to
Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on
guaranteed transactions;
Pursuant to the
Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on the
registration of the guaranteed transactions;
Pursuant to Decree
No. 93/2008/NĐ-CP dated August 22, 2008 of the Government on defining the
functions, tasks, powers and organizational structure of the Ministry of
Justice;
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Chapter 1
GENERAL
PROVISIONS
Article
1. Scope
This Circular gives
instructions on the first registration, change, cancellation and the provision
of information about guaranteed transactions, contracts, notification of
property distraint serving the enforcement of the judgments (hereinafter
referred to as property distraint) implemented by the online registration
system under the management of the National Registration Department of
guaranteed transactions, an affiliated body of the Ministry of Justice.
Article
2. Cases in which the guaranteed transactions can be registered online:
1. The guaranteed
transactions can be registered online as prescribed in this Circular,
including:
a) Collateral;
b) Pledged assets;
d) Deposit and
security valuables;
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2. The guaranteed
property prescribed in Clause 1 of this Article includes:
a) Automobiles,
motorcycles and other road vehicles; railway vehicles;
b) Fishing vessels;
inland waterway transport;
c) Machinery,
equipment, production line, raw materials, fuel, substances, consumer goods and
other commodities, precious metals and stones;
d) VND and foreign
currencies;
dd) Stocks, bonds,
bills of exchange, promissory notes, certificates of deposit, treasury
certificates, checks and other valuable papers in the form of monetary and
transacted assets, defined by laws,
e) Property rights
arising from copyrights, industrial property and plant variety rights; debt
claims and other guarantor’s property rights under any contractual provisions
or other legal grounds (except for land use rights, homeownership);
g) Right to the
ownership of contributed capital in enterprises;
h) The right to
exploit natural resources as well as cover the costs of land reclamation and
ground clearance for the fulfillment of civic duties under legal regulations;
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k) Other movables as
prescribed in Clause 2 Article 174 of the Civil Code
l) Any fixture which
is governed by the land registry of centrally-affiliated provinces, cities as
well as provincial communes, districts, towns and manucipalities such as: those
located in many plots of land (inter-line property); houses and building works
made of provisional materials (bamboo, rattan and mud); auxiliary buildings
such as garages, kitchens, prefabricated steel buildings, frame buildings,
warehouses; wells, drilled wells; rigs; water tanks; courts; fences; poles;
power stations; pump stations; electrical power generation and transmission;
Article
3. Cases in which contracts can be registered online
The contracts that can
be registered online include:
1. Contracts for
deferred payment retaining the ownership of the sellers as prescribed in Clause
2 Article 13 Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the
Government on the guaranteed transactions (hereinafter referred to as Decree
No. 163/2006/NĐ-CP);
2. Property lease
agreements valid for more than 1 year as prescribed in Clause 2 Article 13 in
the Decree No. 163/2006/NĐ-CP, including: agreements of the aforesaid validity
and those that expire within less than 1 year but the contracting parties agree
on the extended and overall validity of the lease (including the deadline for
this extension) of above 1 year;
3. Finance lease
contracts as prescribed in Clause 6 Article 1 Decree No. 65/2005/NĐ-CP dated
May 19, 2005 of the Government on the amendments to some Articles of the Decree
No. 16/2001/NĐ-CP dated May 02, 2001 of the Government on the organization and
operation of Finance lease companies.
4. Contracts for the
transfer of the debt claims arising from loan agreements, purchase contracts,
property lease agreements, service contracts or from other legal grounds;
5. Other cases under
the regulations of the law.
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In case a single
property prescribed in Clause 2 Article 2 in this Circular is distrained, in
addition to the direct communication method, the Enforcer is allowed to notify
the property distraint via the online registration system to the clients by
post, fax or email.
Article
5. Time for online registration
1. The online
registration takes place when the information about the guaranteed
transactions, contracts, notification of the property distraint is updated on
the Database of the guaranteed transactions
2. In case of change
the information due to mistakes in the property distraint or the names of
guarantors, property purchasers and lessees, finance lessees and transferers of
debt claims (hereinafter referred to as the guarantors) the numbers of
the proof of the legal status of the guarantors, the time for registration is
prescribed in point c Clause 2 Article 7 Decree No. 83/2010/NĐ-CP dated July
23, 2010 of the Government on the registration of guaranteed transactions.
3. The time for the
online registration prescribed in Clauses 1 and 2 this Article is defined as
the time recorded by the online registration system.
Article
6. Provision of accounts for regular clients
1. The clients send
the applications for the provision of the online registration accounts
(hereinafter referred to as the accounts) to the National Registration
Department of guaranteed transactions directly or directly or by post. Each
application consists of:
a) A written request
for the provision of the online registration account;
b) A copy certified by
the People’s Committee of communes of one of these papers: ID card, military ID
card, police ID card, certificate of the employee of the police force (if the
client is an individual); business registration certificate, certificate of
establishment and operation, investment certificate or Decision on
establishment (if the client is an organization)
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2. The National
Registration Department of guaranteed transactions shall consider, provide the
accounts and notify the result to the clients directly, by post or via the
online registration system within 1 working day from the receipt of the valid
application for the provision of the accounts.
3. In case of changes
in the information in the papers prescribed in point b Clause 1 this Article or
other information registered for the provision of the accounts, the clients
provided with the accounts must register to change the information following
the procedure prescribed in this Article.
4. The National
Registration Department of guaranteed transactions shall issue Regulations on
the provision, management, use of the numbers of regular clients and accounts.
Article
7. Use of accounts
1. The regular clients
use the accounts provided by the National Registration Department of guaranteed
transactions to register and search for their online information about the
guaranteed transactions, contracts, notifications of the property distraint.
2. In case any regular
client has not used his or her account for 06 months, the National Registration
Department of guaranteed transactions shall block that account. In case a
regular client’s account is blocked and (s)he wants to re-use it, (s)he shall
send a written request for the re-activation to the National Registration
Department of guaranteed transactions by one of the methods prescribed in
Clause 1 Article 6 this Circular for that account to be re-activated right in
that working day.
3. In case the clients
do not pay the fees for the registration, the provision of the information, or
the regular client service under the law on fees, the National Registration
Department of guaranteed transactions shall block their accounts temporarily.
Within 3 months from the block of the accounts, if the regular clients do not
pay the fees, the National Registration Department of guaranteed transactions
shall officially block the accounts. The blocked accounts shall only be
re-activated if the clients pay the fees off.
Article
8. Cases in which online registrations are invalid
The online
registrations are invalid if:
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2. They violate the
law or social morality.
Article
9. Payment for registration, provision of online information about guaranteed
transactions, contracts and distrained property
1. Payment methods for
the registration, the provision of the online information about the guaranteed
transactions, contracts and distrained property include:
a) Paying the fees
directly to one of the Registration Centers for transactions and property, an
affiliated body of the National Registration Department of guaranteed
transactions under the management of the Ministry of Justice (hereinafter
referred to as Registration Centers);
b) Transferring money
to the bank account of the Registration Centers;
c) Paying the fees by
debit cards or credit cards if accepted by the online registration system;
d) Making payment by
standing order and direct debit via State Treasury or the advance deposited
into the account of the Registration Center.
According to monthly
payment notification, fees for the registration and provision of information
shall be paid by standing order and direct debit. The clients must pay the
monthly fees for the registration and the provision of information before the
21th of the next month
2. The occasional
clients pay the fees for the registration and provision of information by the
methods prescribed in points a, b, c Clause 1 this Article.
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1. The clients
requesting for the online registrations (hereinafter referred to as the
applicants) must provide the correct information as agreed by related parties
on the guaranteed transactions and contracts.
2. The applicants must
not provide the registration information violating the regulations of the law
or social morality, and must not use the interface of the registration system
for illegal purposes.
3. In case the
applicants do not abide by the regulations prescribed in Clause 1 and 2 this
Article, which results in any possible damages, they must compensate for any
losses arising from these illegal acts and face the penalties for
administrative violations or criminal prosecutions.
Article
11. Responsibility for the maintenance, safety and security of online
registration system
1. The National
Registration Department of guaranteed transactions cooperates with the
Information technology Department to maintain the operation and ensure the
safety of the information of the online registration system under the
regulations of the law.
2. In case the online
registration system must be suspended for its maintenance, upgradation or other
reasons, the National Registration Department of guaranteed transactions must
publish the reasons and the anticipated time for the re-operation of the
system.
Chapter
2
PROCEDURE
FOR THE ONLINE REGISTRATION OF GUARANTEED TRANSACTIONS, CONTRACTS, NOTIFICATION
OF PROPERTY DISTRAINT
Article
12. Access to the online registration system for the online registration of
guaranteed transactions, contracts, notification of property distraint
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2. In case the clients
are not regular clients, their access to the online registration system shall
follow these procedures:
a) If the clients
choose the payment methods prescribed in point a or point b in Clause 2 Article
9 in this Circular, they can use the numbers of their payment receipts to get
access to the online registration system;
b) If the clients
choose the payment method prescribed in point c in Clause 2 Article 9 in this
Circular, they can use the numbers of their debit cards or credit cards to get
access to the online registration system.
Article
13. Responsibility for provision of registration information, online
notification of distraint
Whenever the
registration is required for the guaranteed transactions, contracts,
notification of the property distraint, the applicant and the enforcer in
charge of giving the notification of the property distraint (hereinafter
referred to as the enforcer) shall provide the registration information and
update the distraint using the form on the interface of the online registration
system that suit the requirement for the registration and notification.
The provision of the
registration information about the guaranteed transactions, contracts,
notification of the property distraint is prescribed in Articles 14 and 15 in
this Circular.
Article
14. Provision of information about parties entering into the guaranteed
transactions, contracts, enforcers and guarantors
The applicants and the
enforcers must give names, the number of the proof of legal status of the
parties entering into the guaranteed transactions, contracts and guarantors,
according to the following instructions:
1. The information of
the guarantors is provided as follows:
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b) If the guarantors
are foreigners, they must correctly provide their full names and the numbers of
their Passports.
c) If the guarantors
are stateless persons living in Vietnam, they must correctly provide their full
names, the numbers of their Residence cards.
d) If the guarantors
are legally-founded organizations in Vietnam and keep business registration
certificates or they are foreign investors, they must provide their names and
tax codes issued by the tax authorities. If the organizations have no business
registration certificate, they must provide their names instead, which are
registered under the regulation of the law.
dd) If the guarantors
are organizations established and governed by the law of foreign countries,
they must provide their names which are registered at the foreign competent
authorities. If their registered names are not typed in Latin alphabetic words,
they must provide their English transaction names.
2. The information of
the obligees, asset sellers, asset lease holders, finance lease holders,
receivers of the debt claims, enforcers (hereinafter referred to as the
obligees) must include:
a) The obligees’ names;
b) The obligees’
addresses.
Article
15. Property description
1. The applicants and
enforcers shall describe the property following the instructions given on the
interface of the registration form, the online notifications of the property
distraint or send electronic records together with registration forms and
written notifications of such distraints
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Article
16. Verification of the online registration result of guaranteed transactions,
contracts, notification of property distraint
1. The online
registration system shall notify the verification of the online registration
result of the guaranteed transactions, contracts, notification of property
distraint to the applicants and enforcers on the transaction screen.
2. One of the
Registration centers shall send one (01) certificate of the online registration
result of the guaranteed transactions, contracts, notification of property
distraint (with signature and stamp) to any applicants and enforcer when
requested directly or by post.
3. In case the
applicants request the photocopies of the online registration results of the
guaranteed transactions, contacts, notification of property distraint, those
must pay the fees for the provision of the photocopies under the regulations of
the law, except for any of enforcers’ requests.
4. The certificates or
the photocopies of the certificates of the registration result of the
guaranteed transactions, contracts, notification of property distraint which is
issued by any Registration Center have the same legal value.
Article
17. Change and cancellation of registrations of guaranteed transactions,
contracts, notification of property distraint
1. The online
registration system shall provide personal codes for the applicants and the
enforcers to change or cancel the online registration of the registered
guaranteed transactions, contracts and notification of the property distraint.
Anyone provided with the personal code must keep it confidential.
2. In case the
guaranteed transactions, contracts, notification of the property distraint are
registered directly, post, fax or email, the applicants and enforcers have the
right to request the Registration Center (where the registrations are granted)
to provide personal codes to change or cancel the online registration of the
guaranteed transactions, contracts, notification of property distraint.
Article
18. Handling of the invalid online registrations
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2. The cancellation of
the registration and notification of the distraint must be sent to the
applicants and enforcers whose addresses are stored on the Database of the
guaranteed transactions by post.
Chapter
3
PROVISION OF
INFORMATION VIA ONLINE REGISTRATION SYSTEM
Article
19. Methods of information access via the online registration system
The clients can access
to the information about guaranteed transactions, contracts, distrained
property via the online registration system by:
1. Freely seeking the
information.
2. Asking for the
provision of the information certified by the Registration Center to serve as a
basis for proving their legal rights and benefits related to movables.
Article
20. Searching criteria for the information via the online registration system
1. The search for
information about the guaranteed transactions, contracts, distrained property
shall be based on the proof of legal status of the guarantors:
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b) If the guarantors
are the legally-founded organizations under Vietnam’s laws and keeps business
registration certificates or if they are foreign investors, their tax codes are
required.
c) In case the
guarantors are foreigners, their full names and passport numbers are required;
In case the guarantors are stateless persons who are living in Vietnam, their
full names and residence card numbers are required.
d) In case the
guarantors are the legally-founded organization under Vietnam laws but keep no
business registration certificates, their registered names are required.
dd) In case the
guarantors are the organizations established and governed by the laws of
foreign countries, their names registered in such foreign authority agencies
are required
2. The search for
information about the guaranteed transactions, contracts, distraint property
relies on the vehicle identification numbers.
3. The search for
information about the guaranteed transactions, contracts, distraint property
shall refer to their guaranteed transaction registration numbers.
Article
21. Clients’ access to the information via the online registration system
1. All of the clients
are allowed to search for the information about the guaranteed transactions,
contracts, distraint property stored on the Database of the guaranteed
transactions via the online registration system.
2. The information of
this kind about the guaranteed transactions, contracts, distrained property
shall not be certified by the Registration Center. They are not required to pay
fees for such information.
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1. In case the clients
require providing information about the guaranteed transactions, contracts,
distraint property, the Registration Center shall send certified records of the
information (with signatures and seals) to such clients directly or by post.
2. The clients must
pay fees for requirement for the provision of the information about the
guaranteed transactions, contracts, distrained property prescribed in Clause 1
this Article under the regulations of the law.
Chapter IV
IMPLEMENTATION
CLAUSES
Article
23. Effect
This Circular takes
effect from March 01, 2011.
Article
24. Transitional clauses
The clients shall be
provided with the accounts and recognized as regular clients at the same time.
The National Registration Department shall issue Regulations on the issuance,
management, use of the regular customer codes and accounts.
In case the clients
have been recognized as regular clients before the effective date of this
Circular, the National Registration Department of guaranteed transactions shall
check, issue and notify the accounts to the clients to obtain the online
registration of guaranteed transactions, contracts, notification of property
distraint.
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3. Procedures for the
notification of the property distraint and the search for the information of
the distrained property of the bailiffs in the provinces selected for their
experimental operations are prescribed in this Circular.
Article
25. Implementation Responsibility
1. The National
Registration Department of guaranteed transaction shall provide instructions on
the online registration, provision of information about guaranteed
transactions, contracts and notification of property distraint under the
regulations of this Circular.
2. Any difficulty or
obstacle that arises during the implementation of this Circular should be
reported to the Ministry of Justice for consideration./.
PP THE MINISTER
DEPUTY MINISTER
Dinh Trung Tung