Thông tư 08/2018/TT-BTP hướng dẫn đăng ký cung cấp thông tin về biện pháp bảo đảm

• Số hiệu: 08/2018/TT-BTP
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Tư pháp
• Người ký: Nguyễn Khánh Ngọc
• Ngày ban hành: 20/06/2018

MINISTRY OF JUSTICE ---------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 08/2018/TT-BTP	Hanoi, June 20, 2018

CIRCULAR

PROVIDING GUIDELINES FOR REGISTRATION OF AND PROVISION OF INFORMATION ABOUT SECURITY INTERESTS AND CONTRACTS, AND EXCHANGE OF INFORMATION ABOUT SECURITY INTEREST REGISTRATION WITH CENTERS FOR REGISTRATION OF TRANSACTIONS AND ASSETS OF THE NATIONAL REGISTRATION AGENCY FOR SECURED TRANSACTIONS AFFILIATED TO THE MINISTRY OF JUSTICE

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Government’s Decree No. 39/2014/ND-CP dated May 07, 2014 on operation of finance companies and financial leasing companies;

Pursuant to the Government’s Decree No. 102/2017/ND-CP dated September 01, 2017 on registration of security interests;

Pursuant to the Government’s Decree No. 96/2017/ND-CP dated August 16, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Justice;

At the request of the Director of the National Registration Agency for Secured Transactions;

The Minister of Justice hereby promulgates a Circular to provide guidelines for registration of and provision of information about security interests and contracts, and exchange of information about security interest registration with Centers for Registration of Transactions and Assets of the National Registration Agency for Secured Transactions affiliated to the Ministry of Justice.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for registration of and provision of information about security interests, property lease contracts, financial lease contracts and contracts for transfer of the debt collection right (hereinafter referred to as “registration of and provision of information about security interests and contracts”); exchange of information about registration of security interests with Centers for Registration of Transactions and Assets of the National Registration Agency for Secured Transactions affiliated to the Ministry of Justice.

Article 2. Regulated entities

1. Centers for Registration of Transactions and Assets (hereinafter referred to as “Registration Centers”) of the National Registration Agency for Secured Transactions affiliated to the Ministry of Justice.

2. Civil judgment enforcement authorities of provinces and central-affiliated cities, Civil judgment enforcement authorities of districts and provincial-affiliated cities (hereinafter referred to as “civil judgment enforcement authorities”), bailiff offices.

3. Registries of ownership, rights to use, and circulation of property that are road motor vehicles, railway vehicles, inland watercrafts and fishing vessels mentioned in Clause 1 Article 63 of the Government’s Decree No. 102/2017/ND-CP dated September 01, 2017 on registration of security interests (hereinafter referred to as the “Decree No. 102/2017/ND-CP”).

4. Natural persons, juridical persons and other entities prescribed by law (hereinafter referred to as “natural persons and juridical persons”) that apply for registration of security interests and contracts or ask for information about security interests and contracts.

5. Other relevant natural persons and juridical persons.

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1. Registration Centers have the power to register and provide information about security interests and contracts as prescribed in Article 5 of this Article.

2. Registration Centers shall register and provide information about security interests and contracts at the request of natural persons and juridical persons nationwide irrespective of administrative divisions of the areas where Registration Centers are located.

Natural persons and juridical persons may select one of the Registration Centers to apply for registration of and ask for information about security interests and contracts as prescribed by law.

3. The registration of and provision of information about security interests and contracts at Registration Centers are equally authentic.

Article 4. Responsibility of Registration Centers for exchange of information about security interests

1. The Registration Center shall send a notice of vehicle mortgage to one of the registries of ownership, rights to use and circulation of property mentioned in Clause 3 Article 2 of this Circular in case the applicant submits an application form for notice of vehicle mortgage and fees shall be paid as prescribed by law.

2. The enforcement officer shall send a notice of intention to seize property to enforce a judgment (hereinafter referred to as “the notice of property seizure”) and notice of intention to release the seized property that is vehicles or other movable property, except for aircraft and ships to enforce a judgment (hereinafter referred to as “the notice of seized property release”) to one of the Registration Centers.

Within the date on which the decision on seizure of property to enforce a judgment (hereinafter referred to as “the decision on property seizure”) or decision on release of the seized property to enforce a judgment (hereinafter referred to as “the decision on seized property release”) is signed, the civil enforcement authority shall send a notice of property seizure or notice of seized property release to the Department of Justice of provinces and central-affiliated cities to promptly update it to the notarization database as prescribed.

3. The exchange of information about legal status of collateral at Registration Centers are equally authentic.

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1. The security interests are registered upon request at Registration Centers in the following cases:

a) Mortgage of movable property, except for aircraft and ships, including off-the-plan movable property;

b) Retention of title in the case of purchase of movable property, except for aircraft and ships whose title is retained;

c) Change or correction of errors and deregistration of registered security interests mentioned in Points a and b Clause 1 of this Article;

d) Notice of intention to dispose of collateral with respect to the registered security interest.

2. The contracts (except for civil aircraft purchase contract prescribed by the law on aviation, financial lease contract for aircraft prescribed by the law on financial lease services, ship hire-purchase contract prescribed by the law on maritime law, financial lease contract for a ship that is not mentioned in Clause 3 Article 39 of the Circular No. 30/2015/TT-NHNN of the State Bank of Vietnam and contract related to land use rights or property on land prescribed by the law on land and housing) that are registered upon request include:

a) Property lease contracts in effect for either a minimum term of one year or a term of less than one year under which contracting parties must agree on an extension of such term and the aggregate lease term (including that extension) must be at least one year;

b) Financial lease contracts prescribed by the law on financial lease services;

c) Contracts for transfer of the debt collection right, including both the existing and the future debt collection right;

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Article 6. Property subject to registration of security interests and contracts

The collateral that may be registered at Registration Centers upon request includes:

1. Automobiles, motorcycles, other road motor vehicles; railway vehicles;

2. Fishing vessels; inland watercrafts.

3. Machinery, equipment, production line, raw materials, fuels, materials, consumer goods, other goods, precious metals, gemstones.

4. Vietnamese currency and foreign currencies.

5. Stakes of enterprises prescribed by the law on enterprise.

6. Stocks, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks and other valuable papers prescribed by law can be monetized and are permitted for transactions; other legal receivables from natural persons and juridical persons.

7. Property rights prescribed in Article 115 of the Civil Code, except for land use rights include:

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b) Property rights deriving from shipbuilding contracts; rights to claim for damages arising from aircraft/ship purchase contracts; entitlement to insurance under the aircraft and vessel insurance policy;

c) Property rights that are debt collection rights, rights to request for payment, rights to claim for damages and entitlement to insurance that arise from the house purchase contract, capital contribution contract for construction of houses, house investment cooperation contract and business cooperation contract, house lease contract, house lease/purchase contract (including social houses) between an organization and an individual or between an organization/individual with a real estate trader under the house construction project in accordance with regulations of the law on housing; property rights that are rights to request for payment, rights to claim for damages and entitlement to insurance that arise from the purchase contract, capital contribution contract, investment cooperation contract, business cooperation contract and lease contract and lease/purchase contract related to constructions between an organization and an individual or between an organization/individual with a real estate trader under the construction project in accordance with regulations of the law on real estate trading;

d) Other property rights prescribed by law.

8. Profits, right to receive payout for collateral or other benefits obtained from the collateral mentioned in this Article; profits earned from operation of aircraft and ships; profits earned from trading and use of value of land use rights or property on land; receivables and fees obtained by investors during their investment, trading and development of house construction project and construction project.

9. Other movable property prescribed in Article 107 of the Civil Code.

10. Houses and other works that are temporarily built and the ownership thereof is not certified as prescribed in Clause 2 Article 35 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014, such as property that is temporarily built during the construction of main works or built with bamboo, leaf or earth; auxiliary works that are outside the main works and serve management, use and operation of the main works; or other property on land of which the ownership is yet to be prescribed by law, such as prefab steel homes, workshop frame, greenhouses, poly greenhouses; water wells; well bores; water tanks; yards; fence walls; utility poles; power stations; pumping stations; transmission and generation systems, domestic water supply system or pipeline; internal roads and other auxiliary works.

Article 7. User code for security interest database

Each natural person or juridical person shall be granted one (01) user code for security interest database (hereinafter referred to as the “user code”) by the National Registration Agency for Secured Transactions affiliated to the Ministry of Justice in order to register security interests and contracts prepared on its/his/her own.

Article 8. Forms enclosed with this Circular

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2. Application form for change of registered contents.

3. Application form for error correction.

4. Application form for registration of notice of intention to dispose of collateral.

5. Application form for deregistration.

6. Application form for issuance of copy of registration certificate.

7. Application form for provision of information about security interests and contracts, and notice of property seizure.

8. Application form for issuance of PIN.

9. Certificate of registration of security interests and contracts.

10. Application form for provision of information about security interests and contracts, and notice of property seizure.

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12. Notice of seized property release.

13. Written confirmation of exchange of information about seizure and release of the seized property to enforce a judgment.

14. Application form for restoration of result of online registration.

15. Application form for notice of vehicle mortgage.

16. Appendix used to present information about mortgaged vehicles and release of vehicle mortgage.

17. Appendix used to present parties involved in security interests, contracts and enforcement debtors.

18. Appendix used to describe collateral and property seized to enforce judgments, including motor vehicles, but not used to describe chassis number or used to enumerate other contents.

19. Appendix used to provide description of collateral and property seized to enforce judgments according to chassis number of the motor vehicle.

20. Appendix used to make a list of the registered security interests and contracts.

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SPECIFIC PROVISIONS ON REGISTRATION OF SECURITY INTERESTS AND CONTRACTS

Article 9. Filling information in the application form for registration and electronic forms of the online registration system

1. Information about the securing party, buyer of property whose title is retained, property lessee, financial lessee and transferor of the debt collection right (hereinafter referred to as “the securing party”) shall be filled as follows:

a) Regarding an individual who is a Vietnamese citizen, it is required to fill his/her full name, ID card number or Citizen ID card number written on the ID card or Citizen ID card.

b) Regarding an individual who is a foreigner, it is required to fill his/her full name and passport number written on the passport;

c) Regarding an individual who is a stateless person residing in Vietnam, it is required to fill his/her full name and Permanent Residence Card number written on the Permanent Residence Card;

d) Regarding a sole proprietorship, it is required to fill its name and TIN;

dd) Regarding a household, it is required to fill full name, ID card number or Citizen ID card number of members or representatives authorized by the household;

e) Regarding an individual business household that has only one business person, it is required to fill his/her full name and ID card number or Citizen ID card number.

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g) Regarding a juridical person that is established in accordance with Vietnam’s law and has its business registered, it is required to fill its name and TIN provided by a tax authority. In case it is yet to have its business registered, it is required to fill its name.

h) Regarding a branch of the juridical person, it is required to fill its name and TIN;

i) Regarding an organization that is established and operates in accordance with foreign law, it is required to fill the name registered with a competent foreign authority. In case the registered name is not written in Latin script, it is required to fill the English name.

k) Regarding other organizations, it is required to fill their name;

l) Address of the securing party.

2. Information about secured party, purchaser of property whose title is retained, property lessor, financial lessor and transferee of the debt collection right (hereinafter referred to as “the secured party”) shall be filled as follows:

a) Name of the secured party;

b) Address of the secured party.

3. Information about the securing party or the secured party that is a Vietnamese natural person or juridical person and collateral shall be filled in accented Vietnamese, except in the case where the collateral has its proper name in a foreign language.

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5. In case the collateral is a road motor vehicle or railway vehicle (hereinafter referred to as “the motor vehicle”) and such collateral is not the goods circulated during the production and business or is not the off-the-plan property, the applicant and the registrar shall correctly fill the chassis number of such motor vehicle that is written on the motor vehicle registration certificate or the railway vehicle registration certificate “hereinafter referred to as “the vehicle registration certificate”) in the electronic form or in the application form for registration.  The applicant and the registrar shall fill each chassis number (number and word) of a motor vehicle corresponding to an ordinal number box on the application form for registration or a “chassis number” field in the electronic form.

Article 10. Description of collateral

1. The collateral that is a motor vehicle shall be described as follows:

a) In case the collateral that is a motor vehicle and of which the ownership and the right to circulation is yet to be certified in case regulations on registration of ownership and right to circulation of property apply, the applicant shall describe the chassis number of the motor vehicle written on the vehicle dispatch note or customs declaration in the case of import of the vehicle;

b) In case the chassis number of a motor vehicle has special characters (for example: *, #, etc.), the applicant and the registrar shall, in addition to filling the chassis number (without special characters) in the application form for registration or in the “chassis number” field on the electronic form, fill the chassis number (numbers, letters and special characters) in the “Property description” section on the application form for registration or in the “Description” field on the electronic form.

In case the applicant submits a written request for notice of mortgaged motor vehicle to the registries of ownership, rights to use and circulation of property, the registrar shall fill the engine number (if any) and number plate of the motor vehicle.

2. In case the collateral is the goods circulated during business and production, inventory or property right, the registrar may describe the property as follows:

a) Name of goods, types, quantity and address of warehouse or other information related to such goods;

b) In case the collateral is a motor vehicle and goods circulated during the production and business or off-the-plan property, the applicant and the registrar are not required to fill the chassis number of the motor vehicle in the electronic form, but are required to fill it in the “Property description” section on the application form for registration or in the “Description” field on the electronic form. The collateral shall be described as “goods circulated during production and business” or “off-the-plan property”;

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3. In case the collateral is auxiliary works and of which the ownership is not certified in the certificate, the applicant and the registrar shall provide a description of such auxiliary works in the "Property description" section on the application form for registration or in the "Description" field on the electronic form (for example “The collateral is auxiliary works, including office buildings, parking garages, guardhouses, etc.”).

4. In the case of registration of notice of intention to dispose of collateral, the applicant shall provide a description of the collateral in the "Property description" section on the application form for registration or in the "Description" field on the electronic form as follows:

a) In the case of total disposal of collateral, the applicant shall only fill "Total disposal of collateral";

b) In the case of partial disposal of collateral, the applicant shall fill “Partial disposal of collateral” and the registered property to be disposed.

5. In the case of change of registered security interests, the applicant and the registrar shall fill the modified contents in sections 3.2 and 3.4 of the application form for registration or in the "Description" field on the electronic form. (For example: 1. Reduction of collateral: 1. Automobile, brand…, chassis number..., engine number, plate ...). In the case of change of contents that are not collateral, fill the content “No change of collateral” and other contents in the “Description” field on the electronic form (For example: Change of address of the secured party, no change of collateral).

6. In the case of a contract for mortgage of multiple pieces of collateral (there are at least 50 A4 pages used for property description) that are not motor vehicles, the registrar shall provide a general or brief description and the property mortgaged as collateral must be determined.

Article 11. Signing application forms for registration

1. The application form for registration shall bear signature and seal (if any) of natural persons and juridical persons that are parties participating in security interests and contracts or persons authorized by such natural persons and juridical person.

2. The application form for registration shall only bear signature and seal (if any) of one of the parties participating in security interests and contracts or the person authorized by one of these parties in the following cases:

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b) In the case of change of the secured party or reduction of collateral, registration of notice of intention to dispose of collateral and deregistration of the security interests, the application form for registration shall only bear the signature and seal (if any) of the secured party or person authorized by the secured party;

c) In case the deregistration involves multiple secured parties but the application form for deregistration is only signed by one of the secured parties, it is required to send a power of attorney that shows the secured parties’ consent to deregistration or a notice of mortgage release that bears all signatures of secured parties, enclosed with an application form for deregistration.

In case the secured parties do not sign the application form for deregistration, it shall only bear the signature and seal (if any) of the securing party and the applicant for registration shall send the application form for deregistration enclosed with a written consent to deregistration of security interests or notice of mortgage release of the secured parties (original or certified true copy).

Article 12. Methods for paying fees

1. Regarding the client that has been granted a user code, fees for registration and receipt of information about security interests and contracts shall be:

a) paid directly at the Registration Center where the application form for registration is submitted;

b) paid through the online registration system; or

c) transferred to the Registration Center’s account opened at the State Treasury or a bank.

2. Regarding the client that has yet to be granted a user code, fees for registration and receipt of information shall be paid using the methods set forth in Points a and c Clause 1 of this Article.

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Article 13. Registration of security interests and contracts; change of contents of security interests and register contracts; correction of errors made by registries; registration of notice of intention to dispose of collateral; deregistration of security interests and contracts

1. In case the applicant for registration sends an application form for registration and the security interest/contract has been registered but it is then discovered that such application form is the same as the application form used for previous registration, the applicant for registration shall submit an application form for deregistration of the security interest/contract included in the application form used for previous registration. The applicant for registration shall pay fees for deregistration of the security interest/contract included in the application form used for previous registration.

2. In case of applying for change of the secured party in multiple registered security interests, the applicant for registration may submit an application for change of the security party in such security interests, including: an application form for change of registered contents, a power of attorney (if any) and list of number of registration of security interests to be changed.

In case the applicant for registration has filled quantity of goods circulated during production and business or address of the warehouse in the application form for registration of security interests or in the electronic form and increased quantity of goods or the address of the warehouse is changed versus the initial description, the applicant for registration shall apply for change as prescribed in Clause 3 Article 18 and Article 52 of the Decree No.102/2017/ND-CP.

3. Upon deregistration of security interests and contracts, if the information about one of the parties or parties participating in security interests and contracts at the time of deregistration is not consistent with the information contained in the database, the applicant for registration shall follow procedures for change before following procedures for deregistration in the case of online registration. The applicant for registration shall submit the application form for change and application form for deregistration, in person, by post or email, to the Registration Center.

In case the secured party requests deregistration of multiple registered security interests, the applicant for registration shall only submit an application form for deregistration, a power of attorney (if any) and list of number of registration of security interests to be deregistered.

Article 14. Cases in which new security interests are registered upon change of contents of registered security interests

1. Cases in which new security interests are registered upon change of contents of registered security interests:

a) Signing a new security contract to add collateral;

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2. Procedures for registering security interests in the cases specified in Clause 1 of this Article are prescribed in Section 5 Chapter II of the Decree No. 102/2017/ND-CP .

Article 15. Submission of documentary evidences for exemption from fees for security interest registration

1. In case the applicant for registration is not required to pay fees for registration of security interests as prescribed by law, the application form for registration of security interests shall be submitted together with one of the documentary evidences specified in Clause 1 Article 12 of the Decree No. 102/2017/ND-CP in person or by post.

2. In case the applicant for registration is not required to pay fees for registration of security interests as prescribed by law and the application form for registration is submitted by email or online, after obtaining the registration result, the applicant for registration shall submit one of the documentary evidences specified in Clause 1 Article 12 of the Decree No. 102/2017/ND-CP enclosed with a photocopy of the certificate of security interests registration and contract, in person or by post, to the Registration Center.

3. In case the Registration Center finds that the documentary evidence specified in Clause 1 of this Article is erased or torn, it shall collect fees for registration of security interests as prescribed by law.

Article 16. Retention of applications for registration

Registration Centers shall electronically retain applications for registration of security interests and contracts as prescribed by the Law on Archives and Government’s Decree No. 01/2013/ND-CP dated January 03, 2013 elaborating some Articles of the Law on Archives.

Chapter III

PROVISION OF INFORMATION ABOUT SECURITY INTERESTS, CONTRACTS AND SEIZED PROPERTY; EXCHANGE OF INFORMATION ABOUT SECURITY INTEREST REGISTRATION

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Information about security interests, contracts and seized property shall be provided according to:

1. documents proving legal status of secured parties as prescribed in Clause 1 Article 9 of this Circular.

2. chassis number of motor vehicles in the collateral is motor vehicles with chassis number.

3. registration number of the registered security interests and contracts or number of the exchanged notice on intention to seize property or release the seized property to enforce a judgment.

Article 18. Methods for exchanging information

1. Information about registration of security interests with Registration Centers, and information about seizure of property or release of the seized property to enforce judgments at civil judgment enforcement authorities shall be sent:

a) directly;

b) by post;

c) by email; or

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2. The exchange of information by email shall be carried out after a notice of official email of the department in charge of exchanging and receiving information is obtained. An electronic document is a document that is digitized from the original one, bears signature and seal of the exchanging authority and uses a file format in accordance with technical standards (PDF).

Article 19. Grounds for refusing receipt and exchange of information

1. A Registration Center shall refuse to exchange information on one of the following grounds:

a) It falls outside the scope of information allowed to be exchanged as prescribed in Article 20 of this Circular;

b) Methods for exchanging information fail to be compliant with Article 18 of this Circular;

c) The application form for notice of vehicle mortgage or notice of property seizure or notice of seized property release is filled insufficiently or fails to be filled in accordance with the form hereof.

2. The receipt of information shall be refused in writing within the date of receipt of the information sent by the competent authority, specifying reasons for refusal and instructions as prescribed by law. In case information is received after 15:00, the receipt of such information shall be refused on the next working day.

Article 20. Scope of information allowed to be exchanged

1. Information exchanged by a Registration Center includes:

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Regarding an individual: full name, number of document proving his/her legal status (ID card or Citizen ID card regarding a Vietnamese citizen; passport regarding a foreigner; Permanent Residence Card regarding a stateless person residing in Vietnam).

Regarding a juridical person: name and TIN issued by a tax authority to the enterprise that is established in accordance with Vietnam’s law and has its business registered (enterprise registration); name and TIN registered with a competent foreign authority or name in English in case its registered name is not written in Latin script regarding an organization that is established and operates as prescribed by foreign laws;

b) Information about road motor vehicles, inland watercrafts, fishing vessels and railway vehicles includes chassis number, engine number (if any) and number plate, regarding road motor vehicles; name, registration number, shipbuilding year and place, length, width, height, total load and main engine power (if any), regarding inland watercrafts and fishing vessels; name, registration number, engine number and engine type (if any), regarding locomotives and specialized dynamic vehicles; registration number, regarding railway cars and wagons (if any);

c) Date of registration of security interests.

2. Seized property to be exchanged and information about seized property exchanged by a civil judgment enforcement authority as prescribed in this Circular include:

a) Seized property to be exchanged are the property which, according to regulations of law soft, must be notified to the Registration Center by an enforcement officer when issuing the seizure decision and specified in the record on seizure of the property specified in Article 6 of this Circular, except in the case the seized property has been transferred to an individual/organization that satisfies storage conditions or have been stored at the warehouse of a civil judgment enforcement authority; or the total value of seized property under the seizure decision, which is temporarily calculated by the enforcement officer, is under 30 months' minimum wage prescribed by the state;

b) Information about the seized property that is exchanged by the civil judgment enforcement authority includes decisions on seizure of property or release of seized property to enforce judgments (signing date and decision number); information about the enforcement debtor (property owner) and information about the seized property shall be filled as prescribed in Clauses 1 and 5 Article 9 and Article 10 of this Circular.

Article 21. Filling information in the notice of property seizure or notice of seized property release

1. In the “Notifying person” section of the specimen of the notice of property seizure, tick the box that indicates the person responsible for notifying the seizure of property as prescribed by the Law on Civil Judgment Enforcement.

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3. Information about the executor in charge of notifying the seizure includes his/her full name and address of his/her workplace.

Article 22. Receipt and processing of exchanged information

1. In the case of a request for a notice of mortgage of rod motor vehicle, inland watercraft, fishing vessel or railway vehicle, the Registration Center shall send a copy of the certificate of registration of security interests and contracts, notice of seizure of property to enforce a judgment enclosed with an Appendix that shows information about the vehicle mortgage (or release of vehicle mortgage) to a registry of ownership or right to circulation of property.

After obtaining the notice of receipt/processing of information about collateral sent by the registry of ownership or right to circulation of property, the Registration Center shall send a notice on receipt/processing of information about collateral to the applicant for registration.

2. In case the civil judgment enforcement authority sends a notice of property seizure or notice of seized property release, in person, by post or by email, to the Registration Center, the Registration Center shall record the exchange and provision of information about security interests; update information specified in the notice of property seizure or notice of seized property release to the security interest database and retain and manage the documents concerning information exchange as prescribed by law.

In case the civil judgment enforcement authority sends a notice of property seizure or notice of seized property release to the Registration Center through the online system, the executor shall follow the instructions provided in Article 56 of the Decree No. 102/2017/ND-CP .

3. Upon receipt of the notice of property seizure, in case the registrar finds that there is a transaction or contract that has been registered in the name of the enforcement debtor from the date on which the enforcement officer certifies the property to be seized to the date on which the Registration Center receives the notice of property seizure, the Registration Center shall send a written notice of such contractions and contracts and a notice of property seizure to the enforcement officer.

4. In case the enforcement officer has sent the notice of property seizure but then found that such notice is the same as the previous notice, he/she shall submit an application form for deletion of the notice to the Registration Center or delete it on the electronic form.

Chapter IV

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Article 23. Effect

This Circular comes into force from August 04, 2018 and supersedes the following Circulars:

1. Circular No. 22/2010/TT-BTP dated December 06, 2010 of the Minister of Justice.

2. Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Minister of Justice.

3. Circular No. 84/2014/TT-BTP dated February 26, 2014 of the Minister of Justice.

4. Circular No. 11/2015/TT-BTP dated September 01, 2015 of the Minister of Justice.

Article 24. Transition clauses

1. The security interests and contracts that were registered before the effective date of this Circular and remain effective, organizations and individuals are not required to reapply for registration of these security interests and contracts as prescribed in this Circular.

2. In case mortgage measures were registered before the effective date of this Circular and the applicant wishes to apply for change of the registered contents, except in the case of addition of mortgaged property, correction of errors made by the registrar, registration of notice of intention to dispose of mortgaged property and deregistration of mortgage, procedures for change thereof are the same as those for change of other security interests.

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Article 25. Responsibility for implementation

1. The National Registration Agency for Secured Transactions affiliated to the Ministry of Justice shall provide guidelines for issuing user code for security interest database to applicants.

2. The National Registration Agency for Secured Transactions affiliated to the Ministry of Justice shall organize the registration of and provision of information about security interests and contracts, and exchange of information about security interest registration with registration centers as prescribed in this circular.

3. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Justice for consideration./.

PP. THE MINISTER
THE DEPUTY MINISTER




Nguyen Khanh Ngoc

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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.........(place name), (date)......

APPLICATION FORM FOR REGISTRATION OF SECURITY INTERESTS AND CONTRACTS
(Enclosed with the Circular No. 08/2018/TT-BTP dated June 20, 2018 of the Minister of Justice)

To: Center for Registration of Transactions and Assets at………………………………..

FOR REGISTRATION CENTER USE ONLY

Receipt No.

Time of receipt: _ _ hours_ _ minutes, _ _ _ /_ _ _ /_ _ _ (specify date)

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1. General information

Type of registration ^(*):

□ Security interest

□ Contract

1.2. Applicant^(*):

□ Securing party

□ Secured party

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1.3. Security interest database user code (if any):……………………………………

1.4. Result received:

□ Directly at the registration authority

□ By post (name and address of the recipient): ……......

……………………………………………………………………….

□ Other method (after reaching an agreement with the registration authority):………….

…………………………………………………………………………

1.5. Request for information certified by the registration authority

1.6. Contact person where necessary:

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Phone number:……………………

Email:…………………….

2. Securing party

Full name (in CAPITAL LETTERS) ^(*)……………………………………………………………………….

Address^(*) ………………………………………………………………………………………………….

□ ID Card/Citizen ID Card

□ Passport

□ Permanent Residence Card

□ TIN

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issued by………………………………..

on …….../ ……../….…..

3. Secured party

Full name (in CAPITAL LETTERS) ^(*) ……………………………………………………………………….

Address^(*) ………………………………………………………………………………………………….

□ ID Card/Citizen ID Card

□ Passport

□ Permanent Residence Card

□ TIN

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issued by………………………………..

on …….../ ……../….…..

4. Description of collateral^(*)

4.1. Applicable to all types of collateral:

…………………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

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No.

Type of motor vehicle, brand

Plate

Chassis number ^(*)

Engine number

Name and address of notice-receiving authority

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4.3. Request for notice of mortgage of motor vehicles to a competent authority:

□ Request for notice of mortgage of motor vehicles if all of the collateral is motor vehicles

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Name and address of notice-receiving authority

5. Security contract/other contracts ^(*)

No. …………………………………………… signed on ……… ………. ………….. (specify the year)

6. The following Appendices are enclosed with this application form:

Checked by recipient

Appendix No. 01

including.... page(s)

□

Appendix No. 02

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Appendix No. 03

including.... page(s)

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Letter of authorization

including.... page(s)

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Security contract/contract

including.... page(s)

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Document evidencing payment of fee for registration/request for information

Documentary evidence if not required to pay registration fee

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7. The applicant hereby undertakes that the information provided herein is true and conformable with the agreement between parties participating in the security interest/contract and takes legal responsibility for such information.

SECURING PARTY
(OR AUTHORIZED PERSON)
Signature, full name, position and seal
(if any)

SECURED PARTY
(OR AUTHORIZED PERSON)
Signature, full name, position and seal
(if any)

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INSTRUCTIONS

1. General

a) The information declared must be clear and must not be erased.

b) If multiple options are available in a field, put an (X) to the box corresponding to the selected option.

c) Fields marked with^(*) are mandatory; the remaining fields are optional.

d) In 1.3: if the applicant has been issued with a security interest database user code, it is required to declare the user code issued by the National Registration Agency for Secured Transactions.

d) In 1.4: if the applicant does not check one of the boxes in this section or checks the box that reads “Qua đường bưu điện” (“By post”) but does not provide name and address of the recipient, the result shall be returned directly at the registration authority.

2. In sections 2 and 3 (parties participating in a security interest or contract)

a) Names and number of documents identifying legal status (ID Card, Passport, TIN, etc.) of parties participating in the security interest or contract, follow the instructions provided in Article .... of the Circular No. ... dated....

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c) Depending on each type of registration, information about the securing party and secured party shall be specified in sections 2 and 3 as follows:

- Information about the securing party includes: the securing party, purchaser of property whose title is retained, property lessee, financial lessee and transferor of the debt collection right.

- Information about the securing party includes: the secured party, seller of property whose title is retained, property lessor, financial lessor and transferee of the debt collection right.

3. In section 4 - Collateral

a) If different pieces of collateral are available but it is possible to provide a general description of their nature and characteristics, the applicant is entitled to provide a general description of such pieces of collateral or a detailed description of each piece of collateral.

b) For the collateral which is a motor vehicle:

- If the collateral which is a motor vehicle with a chassis number is the goods circulated during the production and business process of the securing party or is the off-the-plan property; the collateral is a motor vehicle without a chassis number, provide a description in 4.1 (e.g., all motor vehicles in Store X; 01 Ford white automobile which is the off-the-plan property of Mr. Nguyen Van X, etc.)

- If the collateral is a motor vehicle with a chassis number, provide a detailed description of such vehicle in 4.2.

c) If there is not enough space to declare information in 4.1 and 4.2, the Appendix No. 02 and Appendix No. 03 shall be used respectively.

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If there is a request for notice of mortgage of motor vehicles in case part of the collateral is motor vehicles described according to their chassis number in 4.2, check the corresponding box in 4.3 and fully provide their engine number and plate; name and address of the notice-receiving authority corresponding to each selected vehicle.

4. In section 5: each application form is only made for a security interest or a contract (a contract and appendices of such contract, if any).

Form No. 16

APPENDIX SHOWING INFORMATION ABOUT THE VEHICLE MORTGAGE/RELEASE OF VEHICLE MORTGAGE

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. ………………/TB-TT

……………., (place name), ….(date)

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To:

Address:

Based on the request for notice of mortgage of motor vehicles and result of security interest registration, the Center for Registration of Transactions and Assets at………………… (hereinafter referred to as “Registration Center”) hereby notifies that:

1. The registered vehicle mortgage/release of registered vehicle mortgage presented in the Copy of the Certificate of registration of security interest/contract is enclosed with this Appendix.

2. Information about the vehicle (mortgaged/released from mortgage) includes:

Vehicle

Owner (Securing party)

Information about mortgage registration

Number of first-time registration form

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Information about the vehicle

- Name

- Number of document specifying legal status

- Type of registration:

- Time of registration:

- Mortgaged at: (name of the secured party)

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- Name of the Registration Center:

- Address:

- Email:

Sincere thanks for your cooperation./.

DIRECTOR
(Signature, full name and seal)

Appendix No. 01

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FOR REGISTRATION CENTER USE ONLY

This Appendix constitutes an integral part of the Application form for registration/Notice of seizure of property to enforce a judgment No. ………………………..

1. □ Securing party

□ Secured party

□ Judgment debtor

Full name (in CAPITAL LETTERS) ……………………………………………………………………

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Address ……………………………………………………………………………………………………

……………………………………………………………………………………………………………..

□ ID Card

□ Passport

□ Permanent Residence Card

□ TIN

No. ……………………………………… issued by……………………………. on ……/……/………

2. □ Securing party

□ Secured party

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...

Full name (in CAPITAL LETTERS) ……………………………………………………………………

……………………………………………………………………………………………………………..

Address ……………………………………………………………………………………………………

……………………………………………………………………………………………………………..

□ ID Card

□ Passport

□ Permanent Residence Card

□ TIN

No. ……………………………………… issued by……………………………. on ……/……/………

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□ Secured party

□ Judgment debtor

Full name (in CAPITAL LETTERS) ……………………………………………………………………

……………………………………………………………………………………………………………..

Address ……………………………………………………………………………………………………

……………………………………………………………………………………………………………..

□ ID Card

□ Passport

□ Permanent Residence Card

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No. ……………………………………… issued by……………………………. on ……/……/………

4. □ Securing party

□ Secured party

□ Judgment debtor

Full name (in CAPITAL LETTERS) ……………………………………………………………………

……………………………………………………………………………………………………………..

Address ……………………………………………………………………………………………………

……………………………………………………………………………………………………………..

□ ID Card

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□ Permanent Residence Card

□ TIN

No. ……………………………………… issued by……………………………. on ……/……/………

DECLARANT
(Signature and full name)

Appendix No. 02

APPENDIX

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FOR REGISTRATION CENTER USE ONLY

This Appendix constitutes an integral part of the Application form for registration/Notice of seizure of property to enforce a judgment No. …………….

No.

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DECLARANT
(Signature and full name)

Appendix No. 03

APPENDIX

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FOR REGISTRATION CENTER USE ONLY

This Appendix constitutes an integral part of the Application form for registration/Notice of seizure of property to enforce a judgment No. …………….

No.

Type of vehicle; brand

Plate

Chassis number ^(*)

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Note

Request for notice of mortgage (name and address of notice-receiving authority)

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DECLARANT
(Signature and full name)

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APPENDIX

List of registered security interest and contracts
(Enclosed with the Circular No. 08/2018/TT-BTP dated June 20, 2018 of the Minister of Justice)

FOR REGISTRATION CENTER USE ONLY

This Appendix constitutes an integral part of the Application form for registration No. ………………

No.

Registration number^(*)

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DECLARANT
(Signature and full name)

Form No. 05

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

.........(place name), (date) ......

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APPLICATION FORM FOR DEREGISTRATION
(Enclosed with the Circular No. 08/2018/TT-BTP dated June 20, 2018 of the Minister of Justice)

To: Center for Registration of Transactions and Assets at………………………………..

FOR REGISTRATION CENTER USE ONLY

Receipt No.

Time of receipt: _ _ hours_ _ minutes, _ _ _ /_ _ _ /_ _ _ (specify date)

Recipient (signature and full name):

1. General information

Applicant ^(*):

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□ Secured party

□ Authorized person

1.2. Result received ^(*):

□ Directly at the registration authority, or

□ By post (name and address of the recipient): ……......

…………………………………………………………………………

□ Other method (after reaching an agreement with the registration authority):

1.3. Security interest database user code (if any):…………………………………………

1.4. Contact person where necessary:

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Phone number:………………………………………

Email:………………………………………

2. Registered security interest/contracts ^(*)

Registration number ………………………………………………………………………………………………

□ Request for notice of release of vehicle mortgage

Name and address-receiving authority: …………………………………………………………

3. Attached with this application form are:

Checked by recipient

Power of attorney

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□

Document evidencing fee payment

□

Documentary evidence if not required to pay registration fee

□

Written consent to deregistration of security interest; notice of mortgage release of the secured party

□

Document certifying the disposal of collateral issued by the civil enforcement agency or bailiff office; Court’s judgment and decision or arbitrator’s decision on cancellation of security interest or declaration of null and void security interest

□

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SECURING PARTY
(OR AUTHORIZED PERSON)
Signature, full name, position and seal
(if any)

SECURED PARTY
(OR AUTHORIZED PERSON)
Signature, full name, position and seal
(if any)

Form No. 05

INSTRUCTIONS

1. General

a) The information declared must be clear and must not be erased.

b) If multiple options are available in a field, put an (X) to the box corresponding to the selected option.

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d) In 1.2: if the applicant does not check one of the boxes in this section or checks the box that reads “Qua đường bưu điện” (“By post”) but does not provide name and address of the recipient, the result shall be returned directly at the registration authority.

2. In section 2 - Registered security interest/contract: Declare the registration number of the registered security interest/contract issued by the registration authority.