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THE
MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
05/2011/TT-BTP
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Hanoi,
February 16, 2011
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CIRCULAR
GUIDING A NUMBER OF MATTERS ON REGISTERING, SUPPLYING OF
INFORMATION ON SECURITY TRANSACTIONS, CONTRACT, WRITTEN NOTICE OF DISTRAIN
ASSETS FOR THE PERFORMANCE OF JUDGEMENT IN THE DIRECT MANNER, POST OFFICE, FAX,
EMAIL AT THE REGISTRATION CENTER ON TRANSACTIONS, ASSETS OF THE NATIONAL
REGISTRY OF SECURED TRANSACTION UNDER THE MINISTRY OF JUSTICE
Pursuant to the Civil Code of
June 16, 2005;
Pursuant to the Law on enforcement of Civil judgments;
Pursuant to the Government’s Decree No.65/2005/ND-CP of May 19, 2005 regulating
on amending and supplementing a number of articles of the Government’s Decree
No.16/2001/ND-CP, of May 02, 2001 on operation and activities of financial
leasing companies;
Pursuant to the Government’s Decree No.163/2006/ND-CP, of December 29, 2006 on
secured transaction;
Pursuant to the Government’s Decree No.83/2010/ND-CP, of July 23, 2008, on
registration of secured transaction;
Pursuant to the Government’s Decree No. 93/2008/ND-CP, of August 22, 2008,
regulating on function, tasks, powers and organizational structure of the
Ministry of Justice;
In order to ensure the uniformity of the applying provisions of law on
registering, supplying of information on security transactions, contracts,
written notice of distrain assets for performance of judgment in the direct
manner, post office, fax, email, the Ministry of Justice guiding a number of
following matters:
Chapter 1.
GENERAL PROVISIONS
Article 1. The scope of application
This Circular
guiding a number of matters on registering, supplying information on security
transaction, contracts for purchase by deferred or instalment payment which
reserve the seller's rights, property lease contracts, finance lease contracts,
and contracts assigning the right to reclaim a debt and written notice of
distrain assets for performance of judgment, supplying of information on
distrained assets which are conducted in direct manner, post office, fax, email
at Registration centers of Transactions and Assets of the National Office for
registration of security transactions under the Ministry of Justice
(hereinafter referred to as Registration Centers).
Article 2. Cases of registration of security transactions,
contracts and written notice of distrain assets
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1.1. The
mortgage of asset, including of The mortgage of an asset which shall form in
future, The asset pledge, deposits or escrow accounts, collateral;
1.2. Change,
repair mistake, delete registration of security transaction stated in the point
1.1, item 1 of this article;
1.3. Written
notices on disposal of security assets for the registered security transaction.
2.
Registration of contracts (except of contract on leasing for buying airplane
civil) including the kinds of following contracts:
2.1.
Contracts for purchase by deferred or instalment payment which reserve the
seller's rights (hereinafter referred to as Contracts for purchase by deferred
or instalment payment) provided in item 2, Article 13 of the Government’s
Decree No.163/2006/ND-CP, of December 29, 2006 on secured transaction
(hereinafter referred to as the Decree No.163/2006/ND-CP);
2.2. Property
lease contracts for a term of one year or more, provided in item 2, Article 13
of the Decree No.163/2006/ND-CP, including:
a) Property
lease contracts for a term of one year or more;
b) Property
lease contracts for a term of fewer than one year, but contract signing parties
agree on extension and total of time (including extension time);
2.3. Finance
leasing contract provided in item 6, article 1 of the Government’s Decree
No.65/2005/ND-CP, of May 19, 2005 providing on amendment of and addition to a
number of articles of the Government’s Decree 16/2001/ND-CP, of May 19, 2005 on
operation and activities of the finance leasing company;
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3. Distraing
assets which according to provision of law, enforcers must inform to
registration center as making decision of distraining for assets provided in
article 3 of this Circular, except for these following cases:
3.1.
Distrained assets have been assigned to individuals, organizations who have
conditions in order to preserve or have been preserved in the warehouses of
civil judgment enforcement agencies;
3.2. The
total value of asset according to the decision of distraining (not including to
the asset stated in point 3.1 this item) shall be temporary counted by
enforcers less than 30 months of the state minimum salary.
Article 3. Assets belong to the cases of registration security
transaction and written notice of distrain
Assets belong
to the cases of registration security transaction and written notice of
distrain including:
1.
Automobiles, motorcycles, other motorized means of road transport; means of
railway transport;
2. Fishing
ships; means of inland waterway transport;
3. Machinery,
equipment, production chains, raw materials, fuels, materials, consumer goods,
other goods, precious metals, gemstones;
4. Vietnamese
currency and foreign currencies;
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6. Economic
rights deriving from copyright, industrial property rights or rights to plant
varieties; rights to claim debts and other economic rights of securing parties originating
from contracts or other legal grounds; (except from land using right, right of
owner’s house);
7. Property
rights to amounts of capital contributed to enterprises, projects;
8. Right to
exploit natural resources, expenses for ground filling, ground clearance which
are used to secure the performance of civil obligations according to the
provisions of law;
9. Profits,
right to receive insurance sums for security assets or other benefits obtained
from security assets specified at this article;
10. Other
movables specified in Clause 2, Article 174 of the Civil Code;
11. Assets
attached to land which not belong to authority of registration of the land use
right registration office of province or city under central and the land use
right registration office of district, city under province such as: assets
attached to land which build on many land plots (uninterrupted gland property);
dwelling houses, works made of temporary materials (bamboo, leaf, land);
auxiliary works such as parking house, kitchen, steel prefab, workshop frame,
warehouse; wells; drilling platform, water tank; yard; wall-fence; power pole;
power station; pumping station; transmission and generation system, system or
pipeline supply and drainage life water; internal roads and other auxiliary.
Article 4. Scope of the Registration Center’s authority
1. The
registration center have competence to register, supply information of security
transaction; to register, supply information of contracts for purchase by
deferred or installment payment which reserve the seller's rights; property
lease contracts, finance lease contracts, and contracts assigning the right to
reclaim a debt; written notice of distrain assets for performance of judgment
and supply information of distrained assets (hereinafter referred to as
register, inform, supply information of security transaction, contract, written
notice of distrain) under requirement of individuals, organizations in scope of
all country, not distinguish authority depend on administrative border where place
head office of registration center.
2.
Individuals, organizations have right to chose one of registration centers to
conduct of registration, supplying information of security transactions,
contracts and written notices of distrain.
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Article 5. Tasks, rights competence of registration center
1. When
conduct registration of security transaction, contract, written notice of
distrain, registration centers have the following tasks and rights:
1.1.
Registration of security transaction, contract, written notice of distrain in
the order of reception of application of registration, written notice of
distrain in a book of reception of application of registration, written notice
and requirement of supplying information;
1.2. Issuing
writing to certify content of registration, result of written notice of
distrain which have confirmed by registration center when individuals,
organizations require;
1.3. Issuing
a copy of the writing of certification of content of registration which have
confirmed by registration center when individuals, organizations require;
1.4. Inform
to parties receiving ensure on handling secured asset;
1.5. Collect
fee of registration; in case of enforcers perform written notice of distrain
shall not pay fee of registration;
1.6. Refusing
of registration when have one of bases which are specified at clause 1, article
11 of the Government’s Decree No. 83/2010/ND-CP, of July 23, 2010 on
registration of security transaction (hereinafter referred to as the Decree
No.83/2010/ND-CP) ;
1.7.
Archiving dossiers, documents, preserving information which has been
registered;
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1.9. Other
tasks, rights according to provisions of law.
2. When
conduct supplying information of security transaction, contract, distrained
assets, registration centers have the following tasks and rights:
2.1.
Supplying information of security transaction, contract, distrained assets
which are archiving in database on security transaction, contract, written
notice of distrain assets for enforcement of Civil Judgments (hereinafter
referred to as database) according to the time-limit provided in Article 44 of
the Decree No. 83/2010/ND-CP;
2.2. Collect
fee of supplying information of individuals, organizations; case person who
require supplying information is executor, fee of supplying information shall
not pay;
2.3. Refusing
of supplying information of security transaction, contract, distrained assets
when have one of bases specified in clause 1, Article 43 of the Decree No.
83/2010/ND-CP.
Article 6. Person who require registration, supplying
information of security transaction, contract, person has responsibility
informing and require of supplying information of distrained assets
1. Case of
registration, supplying information of security transaction, contract:
1.1. A
registration applicant of security transaction may be a securing party, a
secured party or head of a team for management and liquidation of assets of a
secured party that is an enterprise or a cooperative falling into the state of
bankruptcy or a person authorized by any of those entities. When the securing
party or the secured party is changed, the new securing party or the new
secured party may be the applicant for registration of that change
1.2. A registration
applicant of contract may be one of parties or parties to contract or a person
authorized by one of parties or parties to contract. When one of parties to
contract is changed, the new party to contract may be the applicant for
registration of that change.
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2. Case of
written notice of distrain assest for enforcement of Civil Judgments:
2.1. Person
who has responsibility for written notice of distrain assets in order to
enforce Civil Judgments may be the enforcer who made decision of distrain or
the enforcer, who assigned for performance of written notice by the civil
judgment enforcement agencies.
2.2. Person
who requires supplying information of distrained assets in order to enforce
Civil Judgments may be enforcers or other individuals, organizations.
Article 7. Time of receipt of a registration application of
security transaction, contract, written notice of distrain assets in order to
enforce Civil Judgments
1. Time of
receipt of a registration application of security transaction, contract,
written notice of distrain assets in order to enforce Civil Judgments is the
time when the content of the registration application of security transaction,
contract, written notice of distrain assets in order to enforce Civil Judgments
is put in database.
2. In the
following cases, Time of receipt of a registration application of security
transaction, contract, written notice of distrain assets in order to enforce
Civil Judgments is the time when the content of the registration application of
security transaction, contract, written notice of distrain assets in order to
enforce Civil Judgments has been informed of putting in database.
2.1. Change
because of shortcoming of declaration of distrained assets or name of secured
party; number of papers which determine legal status of secured party; require
of registration for supplement distrained assets which parties signed new
security contract; require of change of number of contract and the time of
signing of security contract;
2.2. Mistakes
of declaration of assets; repair mistakes because of wrong declaration, as
guided in the Article 8 and Article 9 of this Circular; change of name, number
of papers which determine legal status of the purchaser by deferred or
instalment payment, leasing property, leasing finance, assigning the right to
reclaim a debt or require registration of supplementing assets;
2.3. Repair
to mistakes when declare distrained assets, mistakes when declare name, number
of papers which determine legal status of person who must enforce Civil
Judgments because declare wrongly with guiding at the Article 8 of this
Circular or require written notice of supplementing distrained assets.
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4. When
require change other content which informed, time of valid of written notice
stated above is time of the first written notice.
Article 8. Declaration information of parties to security
transaction, contract, enforcer perform informing, person who must enforce
Civil Judgments
1. At item
“Registration applicants” of the form of Registration applicants, declaring is
performed as the guides below:
1.1. Declare
the securing party, secured party or head of team for management and
liquidation of assets of a secured party that is an enterprise or a cooperative
falling into the state of bankruptcy in case of registration of security
transaction;
1.2. Declare
one of parties to contract in case of registration of contract;
1.3. Declare
person who have responsibility of written notice of distraining assets
according to provisions of the 2008 Law on Civil enforcement of judgments in
case of written notice of distraining assets in order to enforcement of civil
judgments.
2.
Information of securing party, buying party, property leasing party, finance
leasing party, the assignor of the right to reclaim a debt, judgment debtors
(hereinafter referred to as securing party) shall be declared as the following:
2.1.
Regarding to individuals are Vietnamese citizen, must fully declare full name,
number of identity card according to exactly content write on the identity
card;
2.2.
Regarding to individuals are foreigners, must fully declare full name, number
of passport according to exactly content write on the passport;
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2.4.
Regarding to organizations established under Vietnamese law with business
registration, foreign investor, must declare name and tax code which is issued
by tax agencies. For organizations without business registration, shall declare
the registered name as provided by laws;
2.5.
Regarding to organizations established under foreign law, may declare with the
name which registered at the foreign authority agency. In case the registered
name of organization is not written by Latin, may declare with transaction name
by English.
3.
Information of secured party, buying party, property leasing party, finance
leasing party, the assignor of the right to reclaim a debt, enforcer performs
written notice (hereinafter referred to as secured party) may be declared as
the following:
3.1. Name of
secured party;
3.2. Address
of secured party.
Article 9. Signing of registration applications
1.
Registration applications must have full signatures and seals (if any) of
organizations or individuals being parties to a security transaction, contract or
their authorized persons; the head of the asset management and liquidation team
or his/her authorized person, if he/she is the registration applicant, except
provided in clause 2 of this Article.
2.
Registration applications need only signature and seal (if any) of one of
parties to security transaction, contract or of their authorized persons, in
cases below:
2.1. Case one
of parties to security transaction, contract don’t accept to sign their name in
the Registration application, person require for Registration submit copy of
written of security transaction, contract or papers may prove basis of
registration enclosed Registration application (01 copy);
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2.3. Case
require of registration of change buying party by deferred or instalment
payment, property leasing party, finance leasing party, the assignor of the
right to reclaim a debt or their authorized persons, the Registration
application only need have signatures and seals (if any) of the main parties.
Article 10. Time of receipt of Registration application,
written notice of distrain
Time when the
registration center receipt Registration applications, written notices of
distrain is base for determination order of updating information for database
shall determine as the following:
1. Case
registration application, written notice of distrain assets are submitted
directly or through post, time of receipt of Registration application, written
notice determined is time of receipt of valid Registration application, written
notice.
2. Case
registration application, written notice of distrain assets are submitted
through fax, email, the time of receipt of Registration application, written
notice determined is time when valid Registration application, written notice
sent to the registration center's fax machine, computer used for receipt
application, written.
Article 11. Registration fee, information supply charge
Registration
fee, information supply charge and cases free or reduce Registration fee,
information supply charge of security transaction, contract, distrained assets
in order to enforcement of Civil Judgments performed according to guides of the
Finance ministry and Justice ministry .
Article 12. Mode of payment of fee
1. Mode of
payment of Registration fee, information supply charge of security transaction,
contract, distrained assets apply with frequent client, including:
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1.2. Pay into
account of the registration center opened at the bank;
1.3. Paying
an accreditative revenue or accreditative expenditure via bank or the State
Treasury, or making payment from an advance amount already remitted into a
registration center's account.
For payments
of registration fee or information supply charge made by the mode of
accreditative revenues or accreditative expenditures, shall be made according
to monthly payment notices. Clients must pay in full the registration fee or
the information supply charge amounts of a month by the 20th day of the
following month at the latest
2. Infrequent
Clients perform payments of registration fee or information supply charge
according to mode specified in one of point 1.1 and point 1.2, clause 1 of this
article.
3. If clients
do not perform obligation of payment of registration fee or information supply
charge or payment of fee for using frequent customer service according to
provisions of law on fee, charge, The National Registry for Security
Transactions shall temporary lock frequent client code. In 3 month-time since
the day frequent client code is temporary locked, if frequent client has not
yet paid fee, charge, The National Registry for Security Transactions shall
lock frequent client code and only reactivate frequent client code when the
client pay fully fee, charge.
Chapter 2.
ORDER AND PROCEDURES FOR
REGISTRATION SECURITY TRANSACTION, CONTRACT, WRITTEN NOTICE OF DISTRAIN AND
SUPPLYING INFORMATION OF SECURITY TRANSACTION, CONTRACT, DISTRAINED ASSETS IN
ORDER TO ENFORCE CIVIL JUDGMENTS
SECTION 1. ORDER AND PROCEDURES FOR REGISTRATION
SECURITY TRANSACTION, CONTRACT, WRITTEN NOTICE OF DISTRAIN
Article 13. Order and procedures for registration security
transaction, contract, written notice of distrain
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2. In time of
handling dossiers specified in Article 18 of the Decree No. 83/2010/ND-CP,
Registration applicants perform these following jobs:
2.1. Check
information declared in the applications, written notice. Case registration
applications, written notices are not belong to one of cases of refusing
specified in point a, b, c, d and đ clause 1, Article 1 of the Decree
No.83/2010/ND-CP, registrar record the time of receipt of application, written
notice (hour, minute, day, month, year) in book of registration application,
written notice and require supplying information and grant an appointment of
returning result for registration applicants, enforcers in case registration
application, written notice submitted directly;
2.2. Enter
information of registration application, written notice of distraining assets
for enforcement of civil judgments into database;
2.3. Pay
certificate of registration content, written notice with confirmation of
Registration Center according to one of mode specified in Article 19 of the
Decree No.83/2010/ND-CP for applicants, enforcers (if have request).
3. For written
notice of distrain assets for enforcement of civil judgments, in case person
who perform registration find out there are transactions, contracts which
registered with name of judgment debtors in the period since enforcer verify
assets planned distrain until Registration center receiving written notice of
distraining assets, Registration center inform in written for enforcer about
those transactions or contracts, at the same time of returning result of
written notice of distrained assets.
4. In case person
require registration, enforcer have sent registration application, written
notice of distrain but after that they finding out the registration
application, written notice are coincided with application which is registered,
written notice which is noticed before that, person require registration,
enforcer must submit one (1) application for deleting registration, written for
deleting notice to registration center.
Order,
procedure of deleting registration, notice are performed according to guiding
in clause 1 and clause 2, Article 17 of this Circular.
Article 14. Order and procedures for registration of written
notices on disposal of security assets
1. The
requester submits one (1) registration application of written notices on
disposal of security assets for Registration Center.
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Registration
Center send certification of registration content with confirmation of
Registration Center on disposal of securing party’s asset for related parties
as following (if any) by address which preserved in database: the party which
have same guarantee by the securing party’s asset; party which sell assets for
the securing party by deferred or instalment payment; party which let the
securing party to hire assets; party which let the securing party to lease
finance; party receive assigning of the right to reclaim a debt from the
securing party.
3. Base on
the scope of security assets be disposal, related parties perform registration
change content of security transaction be registered (reducing security assets)
according to guiding in article 15 of this Circular or perform deleting
registration security transaction according to guiding in article 17 of this
Circular.
4. Case
parties agree not disposal with security assets after have sent registration
application of change content of registered notice for registration center.
Order and procedures for registration of change shall be performed according to
guiding in article 15 of this Circular.
Article 15. Order and procedures for registration of change
content of security transaction, contract have been registered, content have
been informed on assets distrained for enforcement of civil judgments
1. The
requester, enforcer submit one (1) registration application of change, written
request change content of informed notice when have one of following bases:
1.1.
Reducing, supplementing, replacing one of parties enter in security
transaction, contract, judgment debtor; change of name, number of papers which
determine legal status of parties enter in security transaction, contract and
of judgment debtor;
1.2.
Reducing, supplementing assets in security transaction, contract which
registered without signing new security contract; Reducing, supplementing
assets in written notice of distrain assets;
1.3. Change
security measure to security assets registered;
1.4. Security
assets are assets be forming in future then formed; except security assets
shall perform in future are goods which moving in process of manufacture,
business or security assets shall perform in future are traffic motor means
which have been recorded serial number of chassis when register security
transaction;
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1.6. Change
other content registered, informed.
2. The
registration applicant submit one (1) application for change registration,
enforcer submit one (01) written request change content informed to
Registration Center.
3. After
receiving application for change registered content or written request change
informed content, register perform jobs according to guilding in clause 2,
article 13 of this Circular.
4. In case
change name of securing party, number of paper determine legal status of
securing party or change securing party in many registered security
transactions, person who applies registration may submit one (01) application
dossier of registration change name of change securing party for all those
security transactions. Registration dossier includes:
4.1.
Registration Application of change registered content;
4.2.
Authorized written (if any);
4.3. List of
security transactions, contracts which have registered.
Order and
procedures of registration of change are performed according to guiding in
clause 3 of this article.
Article 16. Order and procedures of repair mistake of
security transaction, contract which were registered, notice of distrain assets
that are fault of person who registers
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2. In case
requester of registration, enforce find out mistake of registered content ,
notice that are fault of register, requester of registration, enforce submit
one (1) application of repair mistake in registered content or written require
for repair mistake of informed content to Registration Center
3. After
receiving application, written require of repairing mistake, register performs
jobs according to guiding in clause 2, article 13 of this Circular.
Article 17. Order and procedures of deleting registration of
security transaction, contract, deleting notice of distrain assets in order to
enforce civil judgment
1. When have
one of bases provided in clause 1, article 13 of the Decree No. 83/2010/ND-CP,
registration requester submit one (1) application of deleting registration for
Registration Center.
2. In limited
time not over three (03) working days since the day of clearance of distrain
assets or completing of handling distrained assets, enforce send one (01)
written requirement for deleting notice of distrain asset for enforcement of
civil judgment to Registration Center.
3. After
receiving registration application, written requirement of deleting notice,
register performs according to guiding in clause 2, article 13 of this
Circular.
In case
person who request deleting of registration is securing party or person
authorized by securing party or party buying asset by deferred or instalment
payment, party hiring asset, party hiring finance, party receiving assigning of
the right to reclaim a debt or authorized person, judgment debtors, register
send to secured party or party selling asset by deferred or instalment payment,
party leasing asset, party leasing finance, the assignor of the right to
reclaim a debt, Civil Enforcement agency one written certificate of content of
deleting registration, deleting notice via address written on application or
written notice of distrain.
Article 18. Procedure of receipt and solving registration
application, written notice of distrain via email
1.
Registration requester sends registration application. The enforcer send
written notice of distrain assets for enforcement of civil judgment via email
in form of data attached (format in picture file) and in form of data of
characters (format in file text).
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3. After
finish registration, Registration Center performs the following jobs:
3.1. Inform
by email for requester, the enforcer of completed registration, notice;
3.2. Return
written certificate of content of registration, notice with confirmation of
registration center, if requester or enforcer have requirement thereof.
SECTION 2. SUPPLY INFORMATION OF SECURITY TRANSACTIONS,
CONTRACTS, ASSETS DISTRAINED FOR ENFORCEMENT OF CIVIL ENJUGDMENTS
Article 19. The right to require supply information of
security transaction, contract which registered, informed of assets distrained
for enforcement of civil judgment
1.
Organizations, individuals have the right to require the Registration Center to
supply information of security transactions, contracts, assets distrained which
are archiving in database in order to use as base of proving for their legal
right and profit in related to assets are real estate .
2. The
enforcer has the right to require information of assets planning distrain
before making decision of distrain assets to execute obligation of judgment
debtors with the following content:
2.1. Assets
are being used to secure performance of civil obligation;
2.2. Assets
that judgment debtors bought by deferred or instalment payment and the selling
party maintain the ownership;
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2.4. Other cases,
if law has provisions.
Article 20. Criterion of finding information of security
transactions, contracts, distrained assets
1.
Information of security transactions, contracts, distrained assets is found
according to papers which determine the legal status of security party, buying
party, party hiring assets, party hiring finance, assignor of the right to
reclaim of debt, judgment debtors (hereinafter referred to as securing party):
1.1. If
securing party is Vietnamese citizen, criterion of finding information is full
name, number of identity card.
1.2. If
securing party is organization established according to Vietnam law, with
business registration or foreign investor, the criterion of finding information
is tax code of that organization or of foreign investor thereof.
1.3. If
securing party is foreign individual, criterion of finding information shall be
full name, number of that individual’s passport; person without nationality who
is residing in Vietnam, the criterion of finding information is full name,
number of that person’s permanent residence card.
1.4. If
securing party is organization established according to Vietnam law, have no
business registration, the criterion of finding information is the registered
name under law provision of that organization.
1.5. If
securing party is organization established according to foreign law, the
criterion of finding information is the name registered at the competent
foreign body of that organization.
2.
Information of security transactions, contracts, distrained assets is found
according to number of chassis of traffic motor means.
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Article 21. Order and procedures of supplying of security
transactions, contracts which have been registered, information of assets
distrain for enforcement of civil judgment
1. The requester
supply information and the enforcer submit one (01) application, written
requirement of supplying information to Registration Center.
2. After
receiving application, written requirement of supplying information, the
register check information declared on that application, written.
If the
application require registration, the written require supply information are
not belong to one of cases of refusing specified in point a, b and c, clause 1,
Article 43 of Decree No. 83/2010/ND-CP, the register shall record the time of
receipt the application, the written (hour, minute, day, month, year) in the
Book of receipt of the application require registration, the written notice and
requirement of supplying information.
3. The
Registration Center issues the written of supplying information of security
transactions, contracts which registered for the requester of supplying
information of issues the written of supplying information for enforcer or
individuals, organizations who make request in the time specified in Article 44
of the Decree No. 83/2010/ND-CP.
4. The
receipt, solving the application, written of requirement supplying information
via email are performed similar to guiding in the clause 2, clause 3 of this
article.
Chapter 3.
IMPLEMENTATION PROVISION
Article 22. Implementation effect
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1.1. The
Circular No. 06/2006/TT-BTP, of September 28, 2006 of the Justice Ministry, on
guiding a number of matters regarding the competence, order and procedures for
registration of, and supply of information on, security transactions at centers
for registration of transactions and assets of The National Registry for
Security Transactions under the Justice Ministry.
1.2. The
Circular No. 03/2007/TT-BTP, of May 17, 2007 of the Justice Ministry, on
amending and supplementing number of provisions of the Circular No.
06/2006/TT-BTP, of September 28, 2006 of the Justice Ministry, on guiding a
number of matters regarding the competence, order and procedures for
registration of, and supply of information on, security transactions at centers
for registration of transactions and assets of The National Registry for
Security Transactions under the Justice Ministry;
1.3. The
Circular No. 04/2007/TT-BTP, of May 17, 2007, of the Justice Ministry on
guiding the authority, order and procedures of registration, supplying
information of contracts of buying by deferred or instalment payment, contract
of hiring assets, contract of leasing finance and contract of transferring the
right of reclaim of a debt;
1.4. The
Circular No. 07/2007/TT-BTP, of October 09, 2007 of the Justice Ministry
guiding on inform of distrain assets for enforcement of civil judgment and
supply information of distrained assets at the Registration Centers of
transactions and assets of The National Registry for Security Transactions
under the Justice Ministry.
2. Adopting
attached this Circular the following forms:
2.1. The Book
of receipt of the registration application, the written notice and written
requirement of supplying information;
2.2. The form
of registration application of security transactions, contracts, written notice
of distrain assets for enforcement of civil judgment and appendix;
2.3. The
written certificate of content registered, informed of Registration Center;
2.4. The
requirement application of supplying information of security transactions,
contracts, distrained assets;
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2.6. The
application for registration of the regular client;
2.7. The
application for change information of the regular client;
2.8. The
application for issuing individual code with security transactions, contracts
which have registered, notice of distrain that has informed at Registration
Center before this Circular takes effect;
2.9. The
application of change of individual code;
2.10. The
appointment paper of returning result of registration.
Article 23. The transition provision
1. In case
security transactions, contracts, notice of distrain which have registered,
informed before the Decree No. 83/2010/ND-CP takes effect and to the September
09, 2010 (effective day of the Decree No. 83/2010/ND-CP) still valid,
organizations, individuals must not perform registration, notice of extension,
that registration, notice are automatically valid until organizations,
individuals submit application for requirement of deleting registration,
written requirement of deleting notice according to provision in Article 6 of
the Decree No. 83/2010/ND-CP.
2. The
recognition and issuing code number of regular client is performed according to
the regulations of issuing, management, using code number of regular client and
online registration account of The National Registry for Security Transactions.
In case
organizations, individuals have recognized qualify of a regular client before this
Circular takes effect, The National Registry for Security Transactions has duty
to check, synthetize and inform code number of regular client for
organizations, individuals to perform registration security transactions,
contracts, notice of distrain according to guiding of this Circular.
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4. For
secured transactions, contracts have registered or written notice of distrain
have informed at one of Registration Center before this Circular takes effect:
4.1. If
information of the securing party, the assets purchaser, the party hiring
assets, the party hiring finance, party transfer the right to reclaim of a
debt, the judgment debtor is Vietnamese citizen, is declared from officer card,
Army card to soldier, People's police card or people's security police card,
worker card, staff card under the citizen Public Security Force, when this
Circular takes effect, if organizations, individuals have require to
registration of change, editing mistake, deleting registration, notice of
distrain, must declare information according to information of identity card.
4.2. If have
require to register change, editing mistake, deleting registration, notice of
distrain in the online mode, The National Registry for Security Transactions
issues individual code of security transactions, contracts, written notice of
distrain thereof.
5. Case of
notice of distrain assets, when make decision of distrain assets, enforcer must
inform timely asset distraining to Registration Center in order and procedures
specified in Article 13 of this Circular.
For agencies
of enforcement of civil judgment at the level of army district, of enforcement
of civil judgment at locals in rural, deep-lying and far-flung areas whereas
cannot inform timely of distrain asset to Registration Center, this limit-time
shall be raised, but not over five (05) working days, since the day of making
the decision of distrain asset.
Case of
sending written notice of distrain asset to Registration Center via post
office, the time of five days shall be counted base on the post office’s
confirmation seal of sending.
6. For locals
which are chosen to pilot of organization, activities of executors, order and
procedures of notice of distrain asset and find out information of distrained
assets of executors shall be informed according to provisions of this Circular.
Article 24. Enforcement responsibility
1. The
National Registry for Security Transactions has responsibility of guiding on
registration, notice, supplying information of security transactions,
contracts, notice of distrain asset for enforcement of civil judgment at
Centers of Registration of transactions, assets specified in this Circular.
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PP.
THE MINISTER
VICE MINISTER
Dinh Trung Tung