THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
10/2001/TT-BGTVT
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Hanoi, June 11, 2001
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CIRCULAR
GUIDING THE USE OF
COPIES OF THE CERTIFICATES OF REGISTRATION OF SEA-GOING SHIPS AND COPIES OF THE
CERTIFICATES OF REGISTRATION OF INLAND WATERWAY TRANSPORT MEANS FOR CIRCULATION
OF SUCH MEANS WHEN THEY ARE PLEDGED OR MORTGAGED FOR CAPITAL BORROWING AT
CREDIT INSTITUTIONS
Pursuant to the provisions in Article 39 of
the Government’s Decree No. 178/1999/ND-CP of December 29, 1999 on credit
institutions’ loan security and the Prime Minister’s Official Dispatch No. 839/CP-KTTH
of September 11, 2000, the Ministry of Communications and Transport hereby
guides the use of copies of the certificates of registration of sea-going ships
and copies of the certificates of registration of inland waterway transport
means for circulation of such means when they are pledged or mortgaged for
capital borrowing at credit institutions as follows:
I. INTERPRETATION OF TERMS
In this Circular, the following terms shall be
construed as follows:
1. "Means" are sea-going ships
or inland waterway transport means;
2. "Pledged or mortgaged means"
are sea-going ships or inland waterway transport means which are pledged or
mortgaged by their owners for capital borrowing at credit institutions;
3. "Means registration certificates"
are the certificates of registration of sea-going ships or the certificates of
registration of inland waterway transport means;
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- For sea-going ships: It shall be the regional
sea-going ship and crew member registries;
- For inland waterway transport means: It shall
be the provincial/municipal Communications and Transport Services or
Communications and Public Works Services;
5. Secured transaction-registering agency:
- For sea-going ships: It shall be the regional
sea-going ship and crew member registries;
- For inland waterway transport means: It shall
be the National Department for Secured Transaction Registration and its
branches;
6. "International routes" mean
maritime routes or inland waterway routes from Vietnamese ports to foreign
ports and vice versa;
7. "Domestic routes" mean maritime
routes or inland waterway routes between Vietnamese ports or wharves;
II. THE USE OF MEANS REGISTRATION
CERTIFICATES
1. The use of originals of means registration
certificates:
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a) Means operate on international routes;
b) Means operate on domestic routes without any
pledge or mortgage for capital borrowing at credit institutions, or with the
pledge or mortgage but the time limits having already expired or the obligation
secured by such means having been fulfilled.
2. The use of copies of means registration
certificates:
The copies of means registration certificates
shall be used only for means operating on domestic routes during the period
when such means are pledged or mortgaged for capital borrowing at credit
institutions, including the period of debt extension secured by such means (if
any).
III. COPIES OF MEANS REGISTRATION
CERTIFICATES
1. The copies of means registration certificates
mentioned in Clause 2, Section II of this Circular shall be legally valid for
the circulation of such means only when the following conditions are fully met:
a) The copies of mean registration certificates
are certified by State Public Notaries;
b) There are certification by the credit
institutions where such means are pledged or mortgaged on the copies of means
registration certificates mentioned at Point a, Clause 1, this Section.
2. The credit institutions shall make
certification in 01 (one) copy of the means registration certificate only after
it was already certified by the State Public Notaries.
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IV. RESPONSIBILITIES OF MEANS OWNERS, CREDIT
INSTITUTIONS AND MEANS-REGISTERING AGENCIES
1. Responsibilities of means owners and users:
a) Upon pledging or mortgaging means for capital
borrowing at credit institutions, means owners shall have to register secured
transactions at secured transaction-registering agencies according to the
provisions of the Government’s Decree No. 08/2000/ND-CP of March 10, 2000 on
registration of secured transactions.
b) Means owners and users shall be allowed to
use the valid copies of means registration certificates only in cases
prescribed in Clause 2, Section II of this Circular.
2. Responsibilities of credit institutions:
a) Within 24 hours as from the moment of
accepting means pledge or mortgage, the credit institutions shall have to
notify the means-registering agencies thereof for the latter to know and not to
effect the transfer of means or not to re-grant the originals of means
registration certificates (except for cases where the means-registering
agencies are the agencies registering secured transactions).
b) In cases where upon the expiry of the pledge
or mortgage period, the means owners still fail to fulfill their debt-repayment
obligation and the credit institutions agree to extend such debts, they shall
have to clearly inscribe such on the copies of the means registration
certificates mentioned in Section III of this Circular, and at the same time,
notify the means-registering agencies thereof for the latter to know and
monitor.
c) When the means owners have fulfilled their
debt-repayment obligation secured by means, after revoking copies of the means
registration certificates, the credit institutions shall have to return the
originals of such certificates, and at the same time, notify the
means-registering agencies thereof.
3. Responsibilities of means-registering
agencies:
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V. IMPLEMENTATION ORGANIZATION:
1. This Circular takes effect 15 days after its
signing.
2. The Director of the Vietnam Maritime
Administration and the Director of the Vietnam Inland Waterways Administration
shall have to organize the enforcement of this Circular.
3. The heads of the concerned departments under
the Ministry, the directors of the provincial/municipal Communications and
Transport Services and Communications and Public Works Services, the directors
of the regional sea-going ships and crew member registries, the directors of
port authorities, the National Department of Secured Transaction Registration,
credit institutions, means owners and users, and all concerned organizations
and individuals shall have to implement this Circular.
4. In the course of implementation, if any
troubles arise, organizations and individuals should promptly report them to
the Ministry of Communications and Transport for study and settlement.
FOR THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham Duy Anh