Joint circular No. 02/2012/TTLT-BTP-BGTVT of March 30, 2012, guiding the registration and provision of information about airplane pledging, airplane mortgaging and ship mortgaging

• Official number: 02/2012/TTLT-BTP-BGTVT
• Legislation Type: Joint circular
• Organization: The Ministry of Transportation and Communications, The Ministry of Justice
• Signer: Ha Hung Cuong, Dinh La Thang
• Issued Date: 30/03/2012

THE MINISTRY OF JUSTICE - THE MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------
No. 02/2012/TTLT-BTP-BGTVT	Hanoi, March 30, 2012

JOINT CIRCULAR

GUIDING THE REGISTRATION AND PROVISION OF INFORMATION ABOUT AIRPLANE PLEDGING, AIRPLANE MORTGAGING AND SHIP MORTGAGING

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005 ;

Pursuant to the Law on Civil Aviation of Vietnam dated June 29, 2006;

Pursuant to the Government's Decree No. 163/2006/ND-CP dated December 29, 2006, on secured transactions;

Pursuant to the Government's Decree No.83/2010/ND-CP  dated July  23,   2010,   on the registration of secured transactions;

Pursuant to the Government's Decree No. 93/2008/ND-CP dated August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

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The Ministry of Justice and the Ministry of Transport guide the registration and provision of information about airplane pledging, airplane mortgaging or ship mortgaging as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the registration and provision of information about airplane pledging and mortgaging at the Civil Aviation Authority of Vietnam, and the registration and provision of information about ship mortgaging at local ship register offices.

Article 2. Cases of registration of airplane pledging or mortgaging or ship mortgaging

The cases of registration of airplane pledging, airplane mortgaging or ship mortgaging specified in this Circular include:

1. Airplane pledging, airplane mortgaging; ship mortgaging;

2. Changes in registered contents of airplane pledging, airplane mortgaging or ship mortgaging;

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4. Registration for written notification of the settlement of collateral being airplanes or ships registered to pledge or morgage;

5. Deregistration of airplane pledging, airplane mortgaging or ship mortgaging.

Article 3. Airplane and ships allowed to be pledged or mortgaged

1. Airplanes.

2. Vietnamese ships, including:

a/ Ships indefinitely registered;

b/ Ships registered for a certain period;

c/ Ships being built;

d/ Ships temporarily registered

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1. Applicants for registration or information provision shall make a dossier on registration or information request and bear responsibility before law for the sufficiency, legitimacy, and accuracy of the information provided in the dossiers.

2. The airplane pledging, airplane mortgaging or ship mortgaging may be registered based on the contents provided by the applicants in their registration applications and documents in their registration dossiers and must be consistent with information kept at the Lolocal Vietnam Airplane Register or the Vietnam National Ship Register.

Article 5. Tasks, authority and responsibilities of agencies in the registration and provision of information about airplane pledging, airplane mortgaging or ship mortgaging

1. The Civil Aviation Authority of Vietnam and local ship register offices shall perform the tasks and exercise the authority prescribed in Article 48 of the Government's Decree No. 83/2010/ND-CP dated July 23, 2010, on the registration of secured transactions (hereinafter referred to as  Decree No. 83/2010/ND-CP).

2. The Civil Aviation Authority of Vietnam and local Ship register offices must:

a/ Ensure that registration of airplane pledging, airplane mortgaging or ship mortgaging are consistent with the information at the local Vietnam Airplane Register or the Vietnam National Ship Register;

b/ Provide accurate information about airplane pledging, airplane mortgaging or ship mortgaging kept at in the local Vietnam Airplane Register or the Vietnam National Ship Register.

3. Responsibility to make biannual and annual reports on the registration and provision of information about airplane pledging, airplane mortgaging or ship mortgaging:

a/ The Civil Aviation Authority of Vietnam and local ship register offices shall report the registration and provision of information about airplane pledging, airplane mortgaging or ship mortgaging to the Ministry of Transport.

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4. A reporting period is determined as follows:

a/ For biannual reports, the period of data collection starts from October 1 of the preceding year to March 31 of the succeeding year;

b/ For annual reports, the period of data collection lasts from October 1 of the preceding year to September 30 of the succeeding year.

Article 6. Applicants for registration and information provision

1. An applicant for registration  is one of the parties that sign the pledging or mortgaging contract, or a person authorized by one of these parties.

2. In case one party is changed, the new security provider or new security receiver may act as an applicant for change registration.

3. Individuals and organizations are entitled to request the provision of information about airplane pledging, airplane mortgaging or ship mortgaging.

Article 7. Declaration of information about the parties in the application pledging or mortgaging registration

1. Information about the parties shall be declared as follows:

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b/ Passports of foreigners;

c/ Permanent residence card, for stateless persons residing in Vietnam;

d/ Business registration certificate or enterprise registration certificate or establishment decision or investment license, for organizations established under Vietnamese law and have registered their business registration, or foreign investors.

2. Organizations established and operated under foreign laws shall provide their names registered with foreign authorities. In case the registered name of an organization is not written in Latin characters, its transaction name in English must be provided.

Article 8. Time of registration of airplane pledging, airplane mortgaging or ship mortgaging and validity duration of airplane pledging, airplane mortgaging or ship mortgaging registration

1. The time of registration of airplane pledging, airplane mortgaging or ship mortgaging is as follows:

a/ The time of registration of airplane pledging, airplane mortgaging or ship mortgaging is when information about registration of airplane pledging, airplane mortgaging or ship mortgaging is recorded in the Vietnam Airplane Register or the Vietnam National Ship Register in the region.

b/ In case of registration of a change due to an addition of collateral being an airplane or a ship, the time of registration of airplane pledging, airplane mortgaging or ship mortgaging is when contents of the application for registration of such change are entered into the Vietnam Airplane Register or the Vietnam National Ship Register in the region.

c/ In case of registration of change in other registered contents or request for correction of errors made by the registrant, the time of registration of airplane pledging, airplane mortgaging or ship mortgaging is the time of initial registration.

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3. The validity duration of airplane pledging, airplane mortgaging or ship mortgaging registration is counted from the time of registration of airplane pledging, airplane mortgaging or ship mortgaging entered into the local Vietnam Airplane Register or the Vietnam National Ship Register to the time of airplane pledging, airplane mortgaging or ship mortgaging deregistration.

Article 9. Documents in the dossier of application

1. In a dossier of registration application, any foreign-language document must be translated into Vietnamese and consularly legalized in accordance with law.

2. A registration application must bear the signature and stamp (if any) of the the registration applicant.

3. An application for pledging or mortgaging deregistration must bear all signatures and stamps (if any) of the parties to the pledging or mortgaging contract or their authorized persons.

In case an application for pledging or mortgaging deregistration bears only the signature and stamp (if any) of the pledgor or mortgagor, there must be a written consent to deregistration of the pledging or mortgaging or a document proving that the secured obligation has terminated.

4. A registration application is required to bear only the signature of the head of the team for management and liquidation of assets of the business falling into bankruptcy, in case this person is the registration applicant.

Article 10. Method of and place for submitting the application for pledging or mortgaging registration

Registration dossiers shall be submitted directly with or sent by post to the head office of the Civil Aviation Authority of Vietnam in case of airplane pledging or airplane mortgaging registration, or local ship register offices with which ships have been registered in case of ship mortgaging registration.

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DOCUMENTS AND PROCEDURES FOR AIRPLANE PLEDGING OR AIRPLANE MORTGAGING

Article 11. Application for airplane pledging or airplane mortgaging registration

1. An application for airplane pledging or airplane mortgaging registration, made under the form provided in Annex 01 to this Circular (one original);

2. The airplane pledging or airplane mortgaging contract (one original);

3. A powers of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 12. Procedures for airplane pledging or airplane mortgaging registration

1. An applicant shall send one (01) dossier on airplane pledging or airplane mortgaging registration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No.83/2010/ND-CP, the register officer must:

a/ Verify and compare information in the dossier with information in the Vietnam Airplane Register;

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c/ Record the date and time of registration (hour, minute, day, month and year) at Point 11, the name of the pledgor or mortgagor at Point 7, and the name of the pledgee or mortgagee at Point 8, Section I of Annex II of the Vietnam Airplane Register;

d/ Issue an airplane pledging or mortgaging registration certificate, made in accordance with  Annex 02 to this Circular, to the applicant, or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation.

3. In case a dossier of registration application is rejected as prescribed in Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the Civil Aviation Authority of Vietnam shall notify in writing the rejection (clearly specifying the reason), return the dossier of application and guide the registration applicant implement law provisions.

Article 13. Dossiers on registration for changes in airplane pledging or airplane mortgaging registration contents

When any of the grounds specified in Article 12 of Decree No. 83/2010/ND-CP exists, a registration applicant shall compile one (1) dossier set for registration of change in airplane pledging or airplane mortgaging registration contents, including:

1. An application for registration of change in airplane pledging or airplane mortgaging registration contents, made under the form provided in Annex 03 to this Circular (one original);

2. The contract amending and supplementing the airplane pledging or mortgaging contract (one original) or a document proving changed contents (one original or authenticated copy);

3. The airplane pledging or airplane mortgaging registration certificate (one original);

4. A list of registered airplane pledging or airplane mortgaging contracts made under the form provided in Annex 04 to this Circular (one original), for change in the name of the pledgee or mortgagee or change of the pledgor or mortgagor in many registered secured transactions;

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Article 14. Procedures for registration of change in airplane pledging or airplane mortgaging registration contents

1. A registration applicant shall send one (1) dossier set for registration of change in airplane pledging or airplane mortgaging registration contents to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer must:

a/ Verify and compare information in the dossier with information in the Vietnam Airplane Register;

b/ Record the date and time of registration for the change and the following details in Point 15, Section I, Annex II of the Vietnam Airplane Register:

When changing a party or parties to an airplane pledging or airplane mortgaging contract, state "change of the pledgor or mortgagor (or the pledgee or mortgagee) into a new pledgor or mortgagor (or a new pledgee or mortgagee) that is ... (name of the new party) according to the application for registration of change in airplane pledging or airplane mortgaging contents registered on ...

When changing the name of a party or parties to an airplane pledging or airplane mortgaging contract, state "change of the name of the pledgor or mortgagor (or the pledgee or mortgagee) into ... (the new name) according to the application for registration of change in airplane pledging or airplane mortgaging contents registered on ...

When withdrawing part of a pledged or mortgaged asset being an airplane, write "withdrawing part of the pledged or mortgaged asset which is .... (information about withdrawn asset); the remaining part of the pledged or mortgaged asset (information about the remaining part of the asset) according to the application for registration of change in airplane pledging or airplane mortgaging contents registered on ...

When adding a pledged or mortgaged asset being an airplane, write "adding a pledged or mortgaged asset which is ... (information about the added asset) according to the application for registration of change in airplane pledging or airplane mortgaging contents registered on ...

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c/ Revoke the issued airplane pledging or airplane mortgaging registration certificate;

d/ Issue a certificate of registration of change in airplane pledging or airplane mortgaging registration contents, made under the form provided in Annex 05 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation.

3. In case a change registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the Civil Aviation Authority of Vietnam shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 15. Application for correction of errors in airplane pledging or airplane mortgaging registration

1. An application for correction of errors in airplane pledging or airplane mortgaging registration, made according to the set form provided in Annex 06 to this Circular (one original);

2. The incorrect airplane pledging or airplane mortgaging registration certificate issued by the register office (one original);

3. A power of attorney in case the applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 16. Procedures for correcting errors in airplane pledging or airplane mortgaging registration caused by register officers

1. When finding errors in registration contents in the Vietnam Airplane Register or a certificate, the register officer shall:

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b/ In case of an error in an airplane pledging or airplane mortgaging registration certificate, notify such to the registration applicant for revocation of such certificate and send new certificate to the registration applicant at the address indicated in the registration application.

2. In case a registration applicant detects errors of the registered contents, the error shall be corrected as follows:

a/ The registration applicant shall submit a dossier set of request for correction of the incorrect registration content with the Civil Aviation Authority of Vietnam;

b/ Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registration applicant shall perform the jobs under Clause 1 of this Article.

3. The request for correction of errors made by the registration applicant does not change the time of airplane pledging or airplane mortgaging registration and is not liable to any fee.

Article 17. Dossier for registration of a written notification of the settlement of pledged or mortgaged asset being an airplane in case it has been pledged or mortgaged

1. An application for registration of a written notification of the settlement of pledged or mortgaged asset being an airplane, made according to a the form provided in Annex 07 to this Circular (one original);

2. The written notification of the settlement of pledged or mortgaged asset being an airplane (one authenticated copy or one copy enclosed with the original for comparison);

3. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison);

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Article 18. Procedures for registration of a written notification of the settlement of pledged or mortgaged asset being an airplane in case it has been pledged or mortgaged

LA registration applicant shall submit one (1) dossier set for registration of a written notification of the settlement of pledged or mortgaged asset being an airplane in case it has been pledged or mortgaged to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Airplane Register;

b/ Record the date and time of registration (hour, minute, day, month and year) at Point 6, Section II, Annex II of the Vietnam Airplane Register; and write "there has been a written notification of the settlement of ... (name of the settled asset) already pledged or mortgaged with (name of the pledgee or mortgagee) according to the application for registration of a written notification of the settlement of pledged or mortaged asset dated.../.../... "at Points 1 thru 5 and Point 8, Section II of Annex II of the Vietnam Airplane Register;

c/ Issue a certificate of registration of a written notification of the settlement of pledged or mortgaged asset being an airplane, made under the form provided in Annex 08 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation;

d/ Notify in writing the settlement of pledged or mortgaged asset being an airplane to the co-pledgee or co-mortgagee, in case such airplane is used to secure the fulfillment of many civil obligations.

Article 19. Dossiers for airplane pledging or airplane mortgaging deregistration

When any of the grounds specified in Article 13 of Decree No. 83/2010/ND-CP exists, an airplane pledging or airplane mortgaging deregistration applicant shall compile one (1) dossier set for deregistration, comprising:

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2. The issued airplane pledging or airplane mortgaging registration certificate (one original).

3. The airplane pledgee or airplane mortgagee's written consent of airplane pledging or airplane mortgaging deregistration or a document proving that the secured obligation has terminated in case the deregistration applicant is the pledgor or mortgagor.

4. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 20. Procedures for airplane pledging or airplane mortgaging deregistration

1. A deregistration applicant shall send one (1) dossier set for airplane pledging or airplane mortgaging deregistration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Airplane Register;

b/ Record the date and time of registration (hour, minute, day, month and year) and write "deregistration of the airplane pledging or airplane mortgaging between (name of the pledgor or mortgagor) and (name of the pledgee or mortgagee) according to the application for airplane pledging or airplane mortgaging deregistration dated ... " at Point 15, Section I of Annex II of the Vietnam Airplane Register;

c/ Revoke the issued airplane pledging or airplane mortgaging registration certificate;

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Article 21. Preservation of airplane pledging or airplane mortgaging registration dossiers

On a case-by-case basis, a preserved airplane pledging or airplane mortgaging registration dossier comprises:

An application for airplane pledging or airplane mortgaging registration; an application for registration of change in airplane pledging or airplane mortgaging registration contents; a written request for correction of errors in airplane pledging or airplane mortgaging registration; an application for registration of a written notification of the settlement of security asset being an airplane; or an application for airplane pledging or airplane mortgaging deregistration (one original);

2. The pledging or mortgaging contract; the contract amending and supplementing the pledging or mortgaging contract or a document proving changed contents (one original or authenticated copy);

3. A written notification of the settlement of pledged or mortgaged asset being an airplane (one original);

4. The pledgee's or the mortgagee's written consent of pledging or mortgaging deregistration or a document proving the secured obligation has terminated, in case the deregistration application bears only the signature and stamp of the pledgor or mortgagor (one original);

5. A power of attorney, in case the registration applicant is an authorized person (one copy);

6. The airplane pledging or mortgaging registration certificate; the certificate of registration of change in airplane pledging or mortgaging registration contents; the certificate of registration of a written notification of the settlement of pledged or mortgaged asset being an airplane; or the certificate of airplane pledging or airplane mortgaging deregistration (one original).

Chapter III

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Article 22. Ship mortgaging registration dossier

1. An application for ship mortgaging registration, made under the form provided in Annex 11 to this Circular (one original);

2. The ship mortgaging contract (one original);

3. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 23. Procedures for registering ship mortgaging

1. An applicant shall send one (1) dossier set for ship mortgaging registration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) and mortgaging registration contents under the guidance in the Vietnam National Ship Register in the region;

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d/ Issue a ship mortgaging registration certificate, made according to Annex 12 to this Circular, to the registration applicant, or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation.

3. In case a registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/ 2010/ND-CP, the local ship register office shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 24. Dossiers for registration of change in ship mortgaging registration contents

When any of the grounds specified in Article 12 of Decree No. 83/2010/ND-CP exists, a registration applicant shall compile one (1) dossier set for registration of change in ship mortgaging registration contents, comprising:

1. An application for registration of change in ship mortgaging registration contents, made under the form provided in Annex 13 to this Circular (one original);

2. The contract amending and supplemen­ting the ship mortgaging contract (one original) or a document proving changed contents (one original or one authenticated copy);

3. The issued ship mortgaging registration certificate (one original);

4. A list of registered ship mortgaging contracts made under the form provided in Annex 14 to this Circular (one original), for change in the name of the mortgagee or change of the mortgagor in many registered ship mortgaging contracts;

5. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

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1. A registration applicant shall send one (1) dossier set for registration of change in airplane pledging or airplane mortgaging registration contents to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No.83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Ship Register in the region;

b/ Record the date and time of registration of the change (hour, minute, day, month and year) in the column "date" and write the following in the column "registration contents" in Section IV of the Vietnam National Ship Register in the region:

In case of change of a party or parties to a ship mortgaging contract, write "changing the mortgagor (or the mortgagee) into a new mortgagor (or a new mortgagee) that is ... (name of the new party) according to the application for registration of change in ship mortgaging contents registered on ...";

In case of change of the name of a party or parties to the ship mortgaging contract, write "changing the name of the mortgagor (or the mortgagee) into... (the new name) according to the application for registration of change in ship mortgaging contents registered on ... ";

In case of withdrawal of part of a security asset being a ship, write "withdrawing part of the mortgaged asset which is .... (information about withdrawn asset); the remaining part of the mortgaged asset (information about the remaining part of the asset) according to the application for registration of change in ship mortgaging contents registered on ... ";

In case of addition of a security asset being a ship, write "adding a mortgaged asset being ... (information about the added asset) according to the application for registration of change in ship mortgaging contents registered on ...";

In case of replacement of a mortgaged asset being a ship, the register office shall guide the registration applicant to submit a dossier and carry out procedures for ship mortgaging deregistration in accordance with Articles 30 and 31, and procedures for mortgaging registration in accordance with Articles 22 and 23 of this Circular;

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d/ Issue a certificate of registration of change in ship mortgaging registration contents, made under the form provided in Annex 15 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation.

3. In case a change registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the register office shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 26. Dossier for correction of errors in ship mortgaging registration

1. An application for correction of errors in ship mortgaging registration, made under the form provided in Annex 16 to this Circular (one original);

2. The incorrect ship mortgaging registration certificate issued by the register office (one original);

3. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 27. Procedures for correction of errors in ship mortgaging registration caused by register officers

1. When finding an error in registration contents in the Vietnam National Ship Register or in a certificate, the register officer shall:

a/ Report it to the head of the local ship register office for consideration and decision on information correction;

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c/ In case of an error in a ship mortgaging registration certificate, revoke such certificate and issue a new one to the registration applicant at the address indicated in the registration application.

2. In case the applicant detects an error in the registration contents, the error shall be corrected as follows:

a/ The registration applicant shall submit a dossier on requesting the correction of the incorrect registration content with the local ship register office with which the registration has been made;

b/ Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP. the registration applicant shall perform the jobs under Points b and c, Clause 1 of this Article.

3. The correction of errors made by the registration applicant does not change the time of ship mortgaging registration and is not liable to any fee.

Article 28. Application for written notifications of the settlement of mortgaged ships in case the mortgaging has been registered

1. An application for registration of a written notification of the settlement of the mortgaged asset being a ship, made under the form provided in Annex 17 to this Circular (one original);

2. The written notification of the settlement of the mortgaged asset being a ship (one authenticated copy or one copy enclosed with the original for comparison);

3. The issued ship mortgaging registration certificate (one original);

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Article 29. Procedures for applying for written notifications of the settlement of mortgaged ships in case the mortgaging has been registered

1. A registration applicant shall send one (1) dossier set for registration of a written notification of the settlement of mortgaged asset being a ship in case the mortgaging has been registered to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) in the column "date" and write "applying for written notifications of the settlement of ... (name of the settled asset) mortgaged with (name of the mortgagee) according to the application for registration of a written notification of the settlement of mortgaged asset dated ... " in the column "registration contents" of Section IV of the Vietnam National Ship Register in the region;

c/ Issue a certificate of registration of a written notification of the settlement of mortgaged asset being a ship, made under the form provided in Annex 18 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt proving the fulfillment of the financial obligation;

d/ Notify in writing the settlement of mortgaged asset being a ship to the co-mortgagees in case such ship is used to secure the fulfillment of many civil obligations.

Article 30. Ship mortgaging deregistration dossiers

When any of the grounds specified in Article 13 of Decree No. 83/2010/ND-CP exists, a ship mortgaging deregistration applicant shall compile one (1) dossier set for deregistration, comprising:

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2. The issued ship mortgaging registration certificate (one original);

3. The ship mortgagee's written consent of ship mortgaging deregistration or a document proving that the secured obligation has terminated, in case the deregistration applicant is the mortgagor;

4. A power of attorney, in case the registration applicant is an authorized person (one authenticated copy or one copy enclosed with the original for comparison).

Article 31. Procedures for ship mortgaging deregistration

1. A deregistration applicant shall send one (1) dossier set for ship mortgaging deregistration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the register officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) in the column "date" and write "deregistration of the ship mortgaging between (name of the mortgagor) and (name of the mortgagee) according to the application for ship mortgaging deregistration dated …” in the column "registration contents" of Section IV of the Vietnam National Ship Register in the region;

c/ Revoke the issued ship mortgaging registration certificate;

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Article 32. Keeping ship mortgaging registration dossiers

On a case-by-case basis, a preserved ship mortgaging registration dossier comprises:

1. An application for ship mortgaging registration; an application for registration of change in ship mortgaging registration contents; a written request for correction of errors in ship mortgaging registration; an application for registration of a written notification of the settlement of security asset being a ship; or an application for ship mortgaging deregistration (one original);

2. The mortgaging contract; the contract amending and supplementing the mortgaging contract or a document proving changed contents (one original or one authenticated copy);

3. A written notification of the settlement of mortgaged asset being a ship (one original);

4. The mortgagee's written consent of mortgaging deregistration or a document proving the secured obligation has terminated, in case the deregistration application bears only the signature and stamp of the mortgagor (one original);

5. A power of attorney, in case the registration applicant is an authorized person (one copy);

6. The ship mortgaging registration certificate; the certificate of registration of change in ship mortgaging registration contents; the certificate of registration of a written notification of the settlement of mortgaged asset being a ship; or the certificate of ship mortgaging deregistration (one original).

Chapter IV

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Article 33. Submitting written requests for information

1. An individual or organization that wishes to acquire information about an airplane pledging or airplane mortgaging shall submit one (1) written request for information about such airplane pledging or airplane mortgaging (one original), made under the form provided in Annex 21 to this Circular, with the Civil Aviation Authority of Vietnam, by one of the methods specified in Clause 1, Article 42 of Decree No. 83/2010/ND-CP.

2. An individual or organization that wishes to acquire information about a ship mortgaging shall submit one (1) written request for information about such ship mortgaging (one original), made under the form provided in Annex 22 to this Circular, with the local ship register office by one of the methods specified in Clause 1, Article 42 of Decree No. 83/2010/ND-CP.

Article 34. Receiving requests for information

1. After receiving a written request for information, a register office shall examine its validity.

2. In case a written request for information is improperly made or falls beyond the competence of the register office, the register office shall notify in writing its rejection, return the registration dossier and guide the registration applicant in complying with regulations.

Article 35. Settling requests for information

Within the time limit for dossier processing specified in Article 44 of Decree No. 83/2010/ ND-CP, the register office shall search information contained in the Vietnam Airplane Register or the Vietnam National Ship Register in the region and issue a document providing information about airplane pledging, airplane mortgaging or ship mortgaging to the information requester.

Article 36. Returning information provision results

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Article 37. Keeping information provision dossiers

Register offices shall preserve information provision dossiers, each comprising the following:

1. A written request for information (01 original);

2. A document providing information certified by the register office (01 original).

Chapter V

IMPLEMENTATION PROVISIONS

Article 38. Effect

1. This Circular takes effect on May 15, 2012.

2. Attached to this Circular are the following appendices:

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2.2. Annex 02: Form of airplane pledging or airplane mortgaging registration certificate;

2.3. Annex 03: Form of application for changing the registered contents of airplane pledging or airplane mortgaging;

2.4. Annex 04: Form of list of registered airplane pledging or airplane mortgaging contracts;

2.5. Annex 05: Form of certificate of registration of change in airplane pledging or airplane mortgaging contents;

2.6. Annex 06: Form of written request for correction of errors in airplane pledging or airplane mortgaging registration;

2.7. Annex 07: Form of application for registration of written notification of the settlement of pledged or mortgaged asset being airplanes;

2.8. Annex 08: Form of certificate of registration of written notification of the settlement of pledged or mortgaged asset being an airplane;

2.9. Annex 09: Form of application for airplane pledging or airplane mortgaging deregistration;

2.10. Annex 10: Form of certificate of airplane pledging or airplane mortgaging deregistration;

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2.12. Annex 12: Form of certificate of ship mortgaging registration;

2.13. Annex 13: Form of application for registration of change in ship mortgaging registration contents;

2.14. Annex 14: Form of list of registered ship mortgaging contracts;

2.15. Annex 15: Form of certificate of registration of change in ship mortgaging registration contents;

2.16. Annex 16: Form of written request for correction of errors in ship mortgaging registration;

2.17. Annex 17: Form of application for registration of written notification of the settlement of mortgaged asset being a ship;

2.18. Annex 18: Form of certificate of registration of written notification of the settlement of mortgaged asset being a ship;

2.19. Annex 19: Form of application for ship mortgaging deregistration;

2.20. Annex 20: Form of certificate of ship mortgaging deregistration;

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2.22. Annex 22: Form of written request for information about ship mortgaging.

Article 39. Transitional provisions

1. For individuals or organizations that submit registration dossiers or written requests for information about airplane pledging, airplane mortgaging or ship mortgaging before the effective date of this Circular and their dossiers or requests remain unsettled, register offices shall perform registration or provide information according to the procedures specified in this Circular.

2. In case individuals or organizations that have registered airplane pledgings, airplane mortgagings or ship mortgagings, changes in registration contents or written notifications on asset handling in accordance with the Government's Decree No. 70/2007/ND-CP of April 20, 2007, on registration of nationality of and rights to civil airplane, and Decree No. 29/2009/ND-CP of March 26, 2009, on ship registration, purchase and sale, wish to register changes in registration contents or written notifications on handling of security assets or to have deregistration after the effective date of this Circular, they shall comply with this Circular.

Article 40. Implementation responsibility

Any difficulties or problems arising in the course of implementation should be promptly reported to the Ministry of Justice and the Ministry of Transport for consideration and settlement in cooperation./.

THE MINISTER OF JUSTICE




Ha Hung Cuong

THE MINISTER OF TRANSPORT




Dinh La Thang

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