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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
83/2010/ND-CP
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Hanoi,
July 23, 2010
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DECREE
ON REGISTRATION OF SECURED TRANSACTIONS
THE GOVERNMENT
Pursuant to the December 25.
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the June 14, 2005 Maritime Code;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to June 29, 2006 Law on Civil Aviation of Vietnam;
Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of
Articles of the Laws Concerning Capital Construction Investment;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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Article 2.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Registration of secured
transaction means the recording in a secured transaction register or entry into
a database on secured transactions by a secured transaction registry of the use
of assets by the securing party to secure the performance of a civil obligation
toward the secured party.
2. Secured transaction register
means a special-use book wholly or partly used for recording secured
transaction registration.
3. Database on secured
transactions means a collection of information on registered secured
transactions which is archived at a registry.
4. Registration dossier
comprises an application for registration or an application for registration
and other papers specified by the law on registration of secured transactions.
5. Valid registration dossier
means a dossier comprising all papers specified by law or a valid application
for registration.
6. Valid application for
registration means an application with all compulsory declaration items
adequately filled in according to a set form.
7. Land-attached assets means
houses, other construction works, planted production forests or perennial tree
gardens.
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Article 3.
Secured transactions subject to registration
1. The following secured
transactions are subject to registration:
a/ Mortgage of land use rights;
b/ Mortgage of planted
production forests;
c/ Pledge or mortgage of
aircraft:
d/ Mortgage of seagoing ships;
e/ Other cases specified by law.
2. Secured transactions with
assets not falling into the cases specified in Clause 1 of this Article may be
registered when involved organizations or individuals so request.
Article 4.
Principles of registration of and provision of information on secured
transactions
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Secured transactions with other
assets shall be registered on the basis of declared contents in registration
applications. Declared contents in a registration application must be
consistent with the agreement of parties to a secured transaction.
2. Secured transaction
registries shall carry out registration according to the order of filing
registration application dossiers.
3. Information recorded in
secured transaction registers, databases on secured transactions and the
national data system on secured transactions shall be disclosed to individuals
and organizations upon request.
Article 5.
Registration applicants and their obligations and responsibilities
1. A registration applicant may
be a securing party or secured party or head of a team managing and liquidating
assets of a secured party being an enterprise or a cooperative falling bankrupt
or a person authorized by any of these parties. In case the securing parly or
secured party is changed, the new party may also act as an applicant for
registration of the change.
2. Registration applicants shall
make accurate and truthful declarations which are consistent with contents of secured
transactions they have entered into and fill in all compulsory declaration
items in registration applications; and shall make complete registration
dossiers and may not forge papers in these dossiers.
3. In case a registration
application contains an untruthful detail or a detail inconsistent with
contents of the secured transaction or a registration dossier has a forged
paper, causing damage to the other party to the transaction, the registration
applicant shall pay compensation for damage and may. depending on the severity
of the violation, be administratively sanctioned or examined for penal
liability under law.
Article 6.
Validity duration of secured transaction registration
The registration of a secured
transaction will be valid from the time of registration specified in Article 7
of this Decree to the time of deregistration upon written request of the party
requesting deregistration.
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1. The time of secured
transaction registration shall be determined as follows:
a/ For security assets being
land use rights or land-attached assets, it is the time when the registry
receives a valid registration dossier;
b/ For security assets being
aircraft or seagoing ships, it is the time when information on a secured
transaction is recorded in the aircraft register or the national seagoing ship
register of Vietnam:
c/ For security assets other
than those specified at Points a and b. Clause 1 of this Article, it is the
time when contents of a registration application are input into the database on
secured transactions.
2. The time of secured
transaction registration in the following cases shall be determined as follows:
a/ For registration of a change
due to addition of a security asset being land use rights or a land-attached
asset, it is the time when the registry receives a valid dossier for change
registration:
b/ For registration of a change
due to addition of a security asset being an aircraft or a seagoing ship, it is
the time when contents of an application for registration of such change are
recorded in the aircraft register or the national seagoing ship register of
Vietnam;
c/ For registration of a change
due to an error in the declaration of security assets or the securing party's
name or number of the paper identifying the legal status of the securing party,
which falls within the competence of the Transaction and Asset Registration
Center of the National Registration Agency for Secured Transactions of the
Justice Ministry, it is the lime when contents of an application for
registration of such change arc input into the database on secured
transactions.
Article 8.
Secured transaction registration fee. charge for the provision of information
on secured transactions and charge for the use of regular customer services
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2. Requesters for information on
secured transactions shall pay an information provision charge: regular
customers of the National Registration Agency for Secured Transactions shall
pay a charge for the use of regular customer services.
3. The Finance Ministry shall
coordinate with the Justice Ministry in guiding fee and charge rates and cases
eligible for exemption from or reduction of the secured transaction registration
fee or the charge for the provision of information on secured transactions.
Article 9.
The national data system on secured transactions
1. The national data system on
secured transactions means a data system collecting information on secured
transactions nationwide.
2. The Justice Ministry shall
assume the prime responsibility for. and coordinate with the Transport
Ministry, the Natural Resources and Environment Ministry, the State Bank of
Vietnam and the Finance Ministry in. building the national data system on
secured transactions.
Article 10.
Secured transaction registration applications
Secured transaction registration
applications shall be filled in according to a form set by a competent state
agency.
Article 11.
Refusal to register secured transaction
1. A secured transaction
registry may refuse to register a secured transaction in any of the following
cases:
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b/ The registration dossier is
invalid:
c/ The registration applicant
fails to pay a registration fee or fails to pay the fee within the prescribed
time limit;
d/ Registration of a change or a
written notice of handling of security assets or correction of an error is
applied for in case the secured transaction has been deregistered:
e/ Information in the
registration dossier is detected to be inconsistent with information kept at
the registry;
f/ Information in the dossier
for registration of a secured transaction with an aircraft, a seagoing ship, land
use rights or a land-attached asset is detected to be untruthful or the dossier
is detected to contain forged papers.
2. In case of refusal, a
registry shall notify in writing the refusal to the registration applicant,
clearly stating the reason and guiding the registration applicant in strictly
complying with law.
3. The provisions of Point a.
Clause 1 and Clause 2 of this Article are not applicable to cases of online
registration of secured transactions at the Transaction and Asset Registration
Center of the National Registration Agency for Secured Transactions of the
Justice Ministry.
Article 12.
Cases of registration of changes in contents of registered secured transactions
A registration applicant shall
submit a change registration dossier upon occurrence of any of the following
changes or in any of the following cases:
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2. Withdrawal of security
assets;
3. Addition of security assets
without entering into a new security contract;
4. Security assets are those to
be formed in the future which have already taken shape, unless they are goods
circulated in the process of production or business or motor vehicles with
their frame numbers already recorded upon secured transaction registration;
5. There is a request for
correction of an error in declared contents in the registration application:
6. A change in any other
registered content.
Article 13.
Cases of deregistration of secured transactions
1. A registration applicant
shall submit a dossier for deregistration in any of the following cases:
a/ The secured obligation is
terminated;
b/ The registered secured
transaction is cancelled or replaced with another one;
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d/ Complete handling of all
security assets;
e/ Security assets arc
destroyed: security assets being land-attached ones are dismantled or
confiscated under a competent state agency's decision:
f/ There is a judgment or court
ruling or arbitration award, which has taken legal effect. to cancel the
secured transaction, declare the secured transaction invalid, unilaterally
terminate the secured transaction or declare the termination of the secured
transaction in another case specified by law;
g/ Deregistration is agreed upon
by the involved parties.
2. In case an asset is used to
secure the performance of more than one obligation, the registration applicant
is not required to request deregistration of a registered secured transaction
when applying for registration of a subsequent secured transaction.
Article 14.
Correction of errors in secured transaction registration made by registrars
1. Secured transaction
registries shall correct errors in secured transaction registration made by
their registrars upon detecting them and notify the error correction to
registration applicants.
2. In case registration
applicants detect errors made by registrars, they shall send written requests
for error correction to registries that have carried out secured transaction
registration.
After receiving a written
request for error correction, a secured transaction registry shall correct the
error in the secured transaction register, (he database on secured transactions
and the secured transaction registration certificate, and send correction
results to the registration applicant or notify them in writing to the error
correction requester in case the registrar is not at fault.
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1. Registration applicants and
parties involved in registered secured transactions may request secured
transaction registries to issue copies of secured transaction registration
certificates.
2. Requests for issuance of
copies of secured transaction registration certificates shall be made by any of
the modes specified in Article 16 of this Decree.
3. Within one working day after
receiving a request for issuance of copies of a secured transaction
registration certificate, a secured transaction registry shall issue copies of
such certificate to the requester.
Chapter II
PROCESS OF AND
PROCEDURES FOR SECURED TRANSACTION REGISTRATION
Section 1.
GENERAL PROVISIONS ON THE PROCESS OF AND PROCEDURES FOR SECURED TRANSACTION
REGISTRATION
Article 16.
Modes of filing secured transaction registration dossiers
A secured transaction
registration dossier shall be filed by any of the following modes:
1. Direct filing at the head
office of a registry:
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3. Sending by fax or e-mail, for
registration of secured transactions with movables at transaction and asset
registration centers, on the condition that the registration applicant has been
registered as a regular customer with the National Registration Agency for
Secured Transactions of the Justice Ministry:
4. Sending via the online
registration system.
Article 17.
Receipt of secured transaction registration dossiers
1. Upon receiving a valid
registration dossier. a registrar shall record the time of dossier receipt
(time and date) in the registration application and the registration dossier
receipt book according to the receipt order of dossiers.
2. For a directly filed
registration dossier, the registrar shall issue to the registration applicant a
slip of appointment to receive registration results, unless the registration is
carried out immediately after the receipt of the registration dossier.
Article 18.
Time limits for processing registration dossiers, completing registration of
changes or written notices of handling of security assets, correcting errors in
secured transaction registration and deregistering secured transactions
1. Secured transaction
registries shall process registration dossiers, complete registration of
changes or written notices of handling of security assets, correct errors in
secured transaction registration and deregister secured transactions on the
date of receipt of valid dossiers. If they receive a dossier after 15:00 hours,
they shall complete the registration on the subsequent working day. When
necessary to prolong the time limit for processing a registration dossier, the
prolonged time limit must not exceed 3 working days.
2. The time limits specified in
Clause 1 of this Article shall be counted from the date a registry receives a
valid registration dossier.
Article 19.
Notification of secured transaction registration results
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1. Direct notification at
secured transaction registries:
2. Sending of notices by post:
3. Other modes as agreed upon by
secured transaction registries and registration applicants.
Section 2.
PROCESS OF AND PROCEDURES FOR REGISTRATION OF AIRCRAFT PLEDGES OR MORTGAGES
Article 20.
Dossiers and procedures for registration of aircraft pledges or mortgages
1. A dossier for registration of
an aircraft pledge or mortgage comprises:
a/ An application for
registration of the aircraft pledge or mortgage;
b/ An aircraft pledge or
mortgage contract;
c/ A certified copy of the paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
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Article 21.
Dossiers and procedures for registration of changes in contents of registered
aircraft pledges or mortgages
1. A dossier for registration of
a change in contents of a registered aircraft pledge or mortgage comprises:
a/ An application for
registration of a change in contents of the registered aircraft pledge or
mortgage:
b/ The granted certificate of
registration of secured transaction with aircraft:
c/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person a power of attorney is required:
d/ A contract modifying the
aircraft pledge or mortgage contract or a document evidencing the changed
contents.
2. Within the dossier processing
time limit, if there is no ground for registration refusal as specified in
Article II of this Decree, the Civil Aviation Administration of Vietnam shall
revoke the granted certificate of registration of secured transaction with
aircraft, record change registration contents in the aircraft register of
Vietnam and grant a certificate of registration of a change in secured
transaction with aircraft to the registration applicant.
In case of aircraft replacement,
the registration applicant shall carry out procedures for deregistration of the
secured transaction with aircraft and procedures for re-registration as for
first-time registration.
Article 22.
Dossiers and procedures for registration of notices of handling of security
assets being pledged or mortgaged aircraft
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a/ An application for
registration of the notice:
b/ The notice;
c/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required:
d/ The granted certificate of
registration of secured transaction with an aircraft.
2. For a registered aircraft
pledge or mortgage, at least 15days before handling the security asset, the
secured party that requests the handling shall send a notice of the handling to
all other secured parties or register such a notice with the Civil Aviation
Administration of Vietnam.
Within the dossier processing
lime limit, if there is no ground for registration refusal as specified in
Article 11 of this Decree, the Civil Aviation Administration of Vietnam shall
record contents of the notice in the aircraft register of Vietnam and grant a
certificate of registration of a notice of the handling of the security asset
being an aircraft to the registration applicant.
The Civil Aviation
Administration of Vietnam shall notify the grant of the certificate of
registration of a notice of the handling of the security asset being an
aircraft to the securing party and other secured parties at addresses indicated
in the aircraft register of Vietnam.
Article 23.
Dossiers and procedures for deregistration of aircraft pledges or mortgages
1. A dossier for deregistration
of an aircraft pledge or mortgage comprises:
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b/ The granted certificate of
registration of secured transaction with aircraft:
c/ A written consent to
deregistration of the aircraft pledge or mortgage of the aircraft pledges or
mortgagee in case the deregistration requester is the pledges or mortgager;
d/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, if there is no ground for refusal as specified in
Article 11 of this Decree, the Civil Aviation Administration of Vietnam shall
record the deregistration in the aircraft register of Vietnam and grant a
certificate of deregistration of secured transaction with aircraft to the
deregistration requester.
Section 3.
PROCESS OF AND PROCEDURES FOR REGISTRATION OF SEAGOING SHIP MORTGAGE
Article 24.
Dossiers and procedures for registration of seagoing ship mortgages
1. A dossier for registration of
a seagoing ship mortgage comprises:
a/ An application for
registration of seagoing ship mortgage;
b/ A seagoing ship mortgage
contract:
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2. Within the dossier processing
time limit, if there is no ground for registration refusal as specified in
Article 11 of this Decree, provincial-level maritime bureaus or seaport
authorities under the Vietnam National Maritime Bureau shall record
registration contents in the national seagoing ship register of Vietnam and
grant a certificate of registration of Vietnamese seagoing ship mortgage to the
registration applicant.
Article 25.
Dossiers and procedures for registration of changes in contents of registered
seagoing ship mortgages
1. A dossier for registration of
a change in contents of a registered seagoing ship mortgage comprises:
a/ An application for
registration of a change in contents of the registered aircraft mortgage;
b/ A contract modifying the
seagoing ship mortgage contract or a document evidencing the
changed contents;
c/ Granted certificate of
registration of mortgage of Vietnamese seagoing ship:
d/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, if there is no ground for registration refusal as specified in
Article 11 of this Decree, provincial-level maritime bureaus or seaport
authorities under the Vietnam National Maritime Bureau shall record change
registration contents in the national seagoing ship register of Vietnam and
grant a certificate of registration of change in contents of Vietnamese
seagoing ship mortgage to the registration applicant.
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1. A dossier for registration of
a notice of the handling of a security asset being a mortgaged seagoing ship
comprises:
a/An application for
registration of the notice;
b/ The notice:
c/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required;
d/ The granted certificate of
registration of Vietnamese seagoing ship mortgage.
2. For a registered secured
transaction with a seagoing ship, at least 15 days before the handling of the
security asset, the secured party that requests the handling shall send a
notice of the handling to all other secured parties or register such a notice
with the provincial-level maritime bureau or seaport authority with which it
has registered the seagoing ship mortgage.
Within the dossier processing
time limit, if there is no ground for registration refusal as specified in
Article 11 of this Decree, provincial- level maritime bureaus or seaport
authorities under the Vietnam National Maritime Bureau shall record contents of
the notice in the national seagoing ship register of Vietnam and grant a
certificate of registration of a notice of the handling of the security asset
being a seagoing ship to the registration applicant.
Article 27.
Dossiers and procedures for deregistration of seagoing ship mortgages
1. A dossier for deregistration
of a seagoing ship mortgage comprises:
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b/ The granted certificate of
registration of Vietnamese seagoing ship mortgage:
c/ A written consent to
deregistration of the seagoing ship mortgage of the seagoing ship mortgagee in
case the deregistration requester is the mortgager:
d/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, if there is no ground for refusal as specified in Article 11 of
this Decree, provincial-level maritime bureaus or seaport authorities under the
Vietnam National Maritime Bureau shall record the deregistration in the
national seagoing ship register of Vietnam and grant a certificate of
deregistration of Vietnamese seagoing ship mortgage to the deregistration
requester.
Section 4.
PROCESS AND PROCEDURES FOR REGISTRATION OF SECURED TRANSACTIONS WITH LAND USE
RIGHTS OR LAND-ATTACH ED ASSETS
Article 28.
Dossiers and procedures for registration of secured transactions with land use
rights or land-attached assets
1. A dossier for registration of
a secured transaction with land use rights or a land-attached asset comprises:
a/ An application for
registration of secured transaction;
b/ A security contract or a
notarized or certified security contract as prescribed by law:
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d/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, a land use rights registry shall perform the following jobs:
a/ Recording secured transaction
registration contents in a certificate specified at Point c. Clause 1 of this
Article, and the cadastral book and the book for monitoring land changes as
prescribed by law;
b/ Certifying the registration
in the application for secured transaction registration:
c/ Notifying registration
results to the registration applicant under Article 19 of this Decree.
Article 29.
Dossiers and procedures for registration of changes in contents of registered
secured transactions with land use rights or land-attached assets
1. A dossier for registration of
a change in contents of a registered secured transaction with land use rights
or a land-attached asset comprises:
a/An application for
registration of a change in contents of registered secured transaction:
b/ A contract modifying the
.signed security contract or a document evidencing the changed contents:
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d/A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, a land use rights registry shall perform the following jobs:
a/ Revising secured transaction
registration contents in a certificate specified at Point c, Clause 1. Article
28 of this Decree, and the cadastral book and the book for monitoring land
changes as prescribed by law:
b/ Certifying the changed
registration content in the application for change registration;
c/ Notifying registration
results to the registration applicant under Article 19 of this Decree.
Article 30.
Dossiers and procedures for registration of notices of the handling of security
assets being land use rights or land-attached assets
1. A dossier for registration of
a notice of the handling of a security asset being land use rights or a
land-attached asset comprises:
a/An application for
registration of the notice;
b/ The notice:
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2. Within the dossier processing
time limit, a land use rights registry shall perform the following jobs:
a/ Recording the registration of
a notice of security asset handling in the cadastral book and the book for
monitoring land changes;
b/ Giving certification in the
application for registration of a notice of security asset handling:
c/ Notifying in writing the
handling to registered co-mortgagees in case the land use rights or
land-attached asset are/is used to secure the performance of more than one
obligation;
d/ Keeping one (1) copy of the
registration application and notifying registration results to the registration
applicant by any of the modes specified in Article 19 of this Decree.
Article 31.
Dossiers and procedures for deregistration of secured transactions with land
use rights or land-attached assets
1. A dossier for deregistration
of a secured transaction with land use rights or a land-attached asset
comprises:
a/ A written request for
deregistration of the secured transaction;
b/ The granted certificate of
land use rights to ownership of house and other land-attached assets or
certificates already granted in different periods:
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d/ A certified copy of a paper
evidencing the legal status of the registration applicant. In case the
registration applicant is an authorized person, a power of attorney is
required.
2. Within the dossier processing
time limit, a land use rights registry shall perform the following jobs:
a/ Making deregistration in the
granted certificate, the cadastral book and the book for monitoring land
changes prescribed by law;
b/ Certifying the secured
transaction deregistration in the written request for deregistration:
c/ Notifying deregistration
results to the requester by any of the modes specified in Article 19 of this
Decree.
Section 5.
PROCESS OF AND PROCEDURES FOR REGISTRATION OF SECURED TRANSACTIONS WITH
MOVABLES OTHER THAN AIRCRAFT AND SEAGOING SHIPS
Article 32.
Filling in applications for registration of secured transactions with movables
other than aircraft and seagoing ships
1. The following information on
the securing party shall be declared:
a/ Full name of the individual
or name of the institution: name of the institution established and operating
under a foreign law and already registered with a competent foreign authority:
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c/ Tax identification number,
for institutions established under Vietnamese law and having business
registrations. Institutions without business registration shall declare their
names already registered with competent stale agencies.
2. The following information on
the secured party shall be declared:
a/ Name and address of the
secured party:
b/ Regular customer
identification number of the secured party, if any.
3. The declaration of
information on security assets must comply with Article 33 of this Decree.
Article 33.
Description of security assets
1. A registration applicant may
specifically or generally describe the asset to be registered as security. The
general description of assets will not affect the legal validity of secured
transaction registrations except the case specified in Clause 2 of this
Article.
2. In case a security asset is a
road motor vehicle and is neither a goods circulated in the process of
production or business nor an asset to be formed in the future, the
registration applicant shall accurately indicate the frame number of such
vehicle.
Article 34.
Dossiers and procedures for registration of secured transactions with movables
other than aircraft and seagoing ships
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a/ An application for
registration of a secured transaction:
b/ The security contract, in
case the application contains only the signature and seal of a party to the
secured transaction:
c/ A power of attorney, in case
the registration applicant is an authorized person, except the following cases:
A legal entity authorizes its
branch, representative office or executive office to apply for registration:
The securing party or secured
party consists of many individuals or institutions that authorize one among
them to apply for registration:
The registration applicant is a
regular customer of the National Registration Agency for Secured Transactions.
2. Within the dossier processing
time limit. the Transaction and Asset Registration ('enter shall record the
time of receipt of an application (lime and dale) if there is no ground for
registration refusal specified in Article 11 of this Decree and input information
on the secured transaction into the database on secured transactions.
In case there is a ground for
registration refusal, the Transaction and Asset Registration Center shall
refuse to carry out registration and guide the registration applicant in complying
with regulations.
Article 35.
Dossiers and procedures for registration of changes in contents of"
secured transactions with movables other than aircraft and seagoing ships
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a/An application for change
registration:
b/ A power of attorney in case
the change registration applicant is an authorized person, except the cases
specified at Point c. Clause 1. Article 34 of this Decree.
2. Within the dossier processing
time limit the Transaction and Asset Registration Center shall record the lime
of receipt of an application (time and date) if there is no ground for
registration refusal specified in Article 11 of this Decree and input
information on the secured transaction into the database on secured
transactions.
In case there is a ground for
registration refusal, the Transaction and Asset Registration Center shall
refuse to carry out registration and guide the registration applicant in
complying with regulations.
3. In case a security asset is a
goods circulated in the process of production or business, the registration
applicant shall only submit an initial registration dossier and is not required
to register a change when replacing the security asset with another of the same
type.
Article 36.
Dossiers and procedures for registration of notices of the handling of security
assets being movables other than aircraft or seagoing ships
1. A dossier for registration of
a notice of the handling of a security asset being a movable other than an
aircraft or a seagoing ship comprises:
a/An application for
registration of the notice:
b/ A power of attorney, in case
the registration applicant is an authorized person, except the cases specified
at Point c. Clause 1. Article 34 of this Decree.
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If there is aground for refusal,
the Transaction and Asset Registration Center shall refuse to carry out
registration and guide the registration applicant in strictly complying with
regulations.
Article 37.
Dossiers and procedures for deregistration of secured transactions with
movables other than aircraft and seagoing ships
1. A dossier for deregistration
of a secured transaction with a movable other than an aircraft or a seagoing
ship comprises:
a/ A written request for
deregistration of the secured transaction;
b/ A power of attorney, in case
the deregistration requester is an authorized person, except the cases
specified at Point c. Clause 1. Article 34 of this Decree.
2. Within the dossier processing
time limit, the Transaction and Asset Registration Center shall record the time
of receipt of an application (time and date) if there is no ground for refusal
specified in Article 11 of this Decree and input information on deregistration
of a secured transaction into the database on secured transactions; and send to
the registration applicant a copy of the deregistration request with
certification of the secured transaction deregistration.
If there is a ground for
refusal, the Transaction and Asset Registration Center shall refuse to carry
out the registration and guide the registration applicant in strictly complying
with regulations.
Section 6.
ONLINE REGISTRATION OF SECURED TRANSA CTIONS
Article 38.
Applications for online registration of secured transactions
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2. An online registration
application is an electronic data message and contains all items which must be
filled in according to a set form.
Online registration applications
are as legally valid as paper applications.
3. The registration of a secured
transaction through the online registration system is legally invalid in the
following cases;
a/ It is carried out beyond the
competence of the secured transaction registry defined in Clause 4. Article 47
of this Decree;
b/ Registration contents violate
laws or arc contrary to social ethics.
Article 39.
Accounts for online registration of secured transactions
1. Online registration accounts
shall be used for accessing the online registration system.
2. The agency managing the online
registration system shall grant online registration accounts to individuals and
institutions upon request.
3. Individuals and institutions
having online registration accounts shall protect and take responsibility for
the use of their accounts.
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1. The online registration
system shall be operated in a constant, safe and accurate manner.
2. The Transport Ministry, the
Natural Resources and Environment Ministry and the Justice Ministry shall,
within the ambit of their tasks and powers, guide the process of and procedures
for registration of secured transactions through the online system for
aircraft, seagoing ships, land use rights, land-attached assets and other
assets.
Chapter
III
PROVISION OF INFORMATION
ON SECURED TRANSACTIONS
Article 41.
The right of institutions and individuals to inquire about information on
secured transactions
All institutions and individuals
may inquire about information on secured transactions in the secured
transaction register, the database on secured transactions and the national
data system on secured transactions.
Article 42.
Forms of request for provision of information on secured transactions
1. Persons who inquire about
information on secured transactions shall file their written requests, by any
of the following modes, with the agency competent to provide information on
secured transactions:
a/ Directly submitting or
authorizing other persons to file their requests:
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c/ Transmitting their requests
through the online system:
d/ Sending their requests by fax
or e-mail.
2. Persons who inquire about
information on secured transactions may search for information in the online
registration system of secured transaction registries.
Article 43.
Refusal to provide information on secured transactions
1. Cases of refusal to provide
information on secured transactions:
a/ Requests for information are
filed with agencies incompetent to provide information;
b/ Written requests for
information are invalid;
c/ Information requesters fail
to pay an information provision charge.
2. In case of refusal to provide
information, agencies receiving written requests for information shall notify
such in writing to information requesters, clearly stating the reason for
refusal and guiding requesters in strictly complying with law.
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Article 44.
Time limit for responding to written requests for the provision of information
on secured transactions
Secured transaction registries
shall provide information on a secured transaction on the date of receipt of a
valid written request for information. When necessary to prolong the time limit
for responding to a written request for information, the prolonged time limit
must not exceed 3 working days.
Chapter IV
RESPONSIBILITY FOR STATE
MANAGEMENT OF SECURED TRANSACTION REGISTRATION AND SECURED TRANSACTION
REGISTRIES
Article 45.
Contents of state management of secured transaction registration
1. Formulating, and directing
the implementation of. strategies and policies for development of the secured
transaction registration system nationwide.
2. Promulgating, and organizing
the implementation of, legal documents on secured transaction registration.
3. Organizing and managing
secured transaction registration activities: establishing and managing secured
transaction registries: providing guidance, training and retraining in
professional operations of secured transaction registration.
4. Building and managing the
national data system on secured transactions.
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6. Disseminating and
popularizing the law on secured transaction registration.
7. Entering into international
cooperation on secured transaction registration.
8. Examining, inspecting,
settling complaints and denunciations and handling violations of the law on
secured transaction registration.
Article 46.
Tasks and powers of agencies performing the state management of secured
transaction registration
1. The Government shall perform
the unified state management of secured transaction registration.
2. The Justice Ministry is
answerable to the Government for performing the unified state management of
secured transaction registration and has the following tasks and powers:
a/ To submit to competent
agencies for promulgation or promulgate according to its competence legal
documents on secured transaction registration;
b/ To direct and organize the
implementation of legal documents on secured transaction registration; to
organize the dissemination of and education about the law on secured transaction
registration;
c/ To assume the prime
responsibility for. and coordinate with concerned ministries in. organizing
training of secured transaction registration employees and granting
certificates to them:
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e/ To manage transaction and
asset registration centers of the National Registration Agency for Secured
Transactions under the Justice Ministry;
f/ To assume the prime
responsibility for. and coordinate with concerned ministries in. promulgating,
managing, and guiding the use of. forms of application, papers and registers,
and organizing the management of the national data system on secured
transactions;
g/ To make statistics on secured
transaction registration, summarize and annually report to the Government on
secured transaction registration nationwide:
h/ To examine, inspect, handle
violations and handle according to its competence complaints and denunciations
in the implementation of the law on secured transaction registration;
i/ To enter into international
cooperation on secured transaction registration according to its competence.
3. Within the ambit of its tasks
and powers, the Transport Ministry shall:
a/ Join the Justice Ministry in
promulgating legal documents on registration of aircraft pledges and mortgages
and seagoing ships mortgages;
b/ Assume the prime
responsibility for. and coordinate with the Justice Ministry in. directing,
guiding, inspecting and organizing the registration of aircraft pledges and
mortgages and seagoing ships mortgages under law:
c/ Coordinate with the Justice
Ministry in promulgating, managing and guiding according to its competence the
use of the forms of application, papers and registers, and managing data on
aircraft pledges and mortgages and seagoing ship mortgages:
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e/ Biannually and annually
report to the Justice Ministry on the registration of aircraft pledges and
mortgages and seagoing ship mortgages;
f/ Settle complaints and
denunciations about the registration of pledges and mortgages according to its
competence.
4. Within the ambit of its tasks
and powers, the Natural Resources and Environment Ministry shall:
a/ Join the Justice Ministry in
promulgating legal documents on the registration of secured transactions with
land use rights or land-attached assets:
b/ Coordinate with the Justice
Ministry in directing, guiding, inspecting and organizing the registration of
secured transactions with land use rights or land-attached assets under law:
c/ Coordinate with the Justice
Ministry in promulgating, managing, and guiding the use of. forms of
application, papers and registers, and manage data on secured transactions with
land use rights or land-attached assets according to its competence;
d/ Professionally manage land
use rights registries:
e/ Biannually and annually
report to the Justice Ministry on the registration of secured transactions with
land use rights or land-attached assets.
5. People's Committees of
provinces and centrally run cities (below referred to as provincial-level
People's Committees) shall perform the state management of the registration of
secured transactions with land use rights or land-attached assets in their
localities, having the following tasks and powers:
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b/ To build the system of
registration of secured transactions with land use rights or land-attached
assets in localities:
c/ To organize professional
re-training for employees engaged in the registration of secured transactions
with land use rights or land-attached assets;
d/To coordinate with the Justice
Ministry in conducting periodical inspection of local land use rights
registries:
e/ To biannually and annually
report to the Justice Ministry on the registration of secured transactions with
land use rights or land-attached assets in localities;
f/ To settle complaints and
denunciations about secured transaction registration according to their
competence.
Provincial-level Justice
Departments shall assist provincial-level People's Committees in performing the
slate management of secured transaction registration in their localities.
Article 47.
Secured transaction registries and competence to register, and provide
information on. secured transactions
1. The Civil Aviation
Administration of Vietnam under the Transport Ministry shall register, and
provide information on. aircraft pledges and mortgages.
2. Provincial-level maritime
bureaus or seaport authorities of the Vietnam National Maritime Bureau of the
Transport Ministry shall register, and provide information oil seagoing ship
mortgages.
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4. Transaction and asset
registration centers of the National Registration Agency for Secured
Transactions of the Justice Ministry shall register secured transaction with
movables other than aircraft and seagoing ships and other assets not falling
within the registering competence of agencies defined in Clauses 1. 2 and 3 of
this Article.
Article 48.
Tasks and powers of secured transaction registries
1. To register secured
transactions: register changes in contents of registered secured transactions:
register notices of the handling of secured transactions; correct errors in
secured transaction registration; deregister secured transactions.
2. To certify registration of
secured transactions with land use rights, land-attached assets and other
assets; to grant certificates of registration of secured transactions with
aircraft or seagoing ships, and copies of documents bearing registries’
certification.
3. To provide information on
secured transactions.
4. To refuse registration or
provision of information in case there is a ground specified in Articles 11 and
43 of this Decree.
5. To collect, remit, manage and
use relevant charges and fees under law.
6. To manage information on
online registration according to their competence.
7. To update information on
secured transactions into the national data system on secured transactions.
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Article 49.
Responsibilities of secured transaction registries
Secured transaction registries
that cause damage to individuals and organizations shall pay compensations
under law in the following cases:
1. Inaccurate registration of
contents of registration applications:
2. Registration of and provision
of information on secured transactions beyond the prescribed time limit, except
force majeure circumstances;
3. Provision of information not
true to information kept at registries:
4. Refusal to register or provide
groundless information as specified in Articles 11 and 43 of this Decree.
Article 50.
Tasks, powers and responsibilities of secured transaction registrars
Secured transaction registrars
who are public employees or civil servants of registries defined in Article 47
of this Decree have the following tasks and powers:
1. To receive and process valid
registration dossiers and written requests for information: to submit to heads
of registries results of the processing of registration dossiers and written requests
for information:
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3. To refrain from requesting
registration applicants or information inquirers to submit any additional paper
other than dossiers prescribed by the law on registration of secured
transactions:
4. To record the time of dossier
receipt in registration applications and registration dossier receipt books; to
record contents of registration applications in secured transaction registries
or the database on secured transactions according to the receipt order of valid
registration dossiers:
5. To strictly perform and
exercise their tasks and powers provided in this Article. To pay compensations
for damage they have caused under law.
Article 51.
Responsibility of secured transaction registries to coordinate with notary
public offices, civil judgment enforcement agencies and asset ownership, use
right and circulation right registries in providing information on security
assets
1. Secured transaction
registries, notary public offices, civil judgment enforcement agencies and
asset ownership, use right and circulation right registries shall exchange and
provide information on the legal status of security assets.
2. The Justice Ministry shall
assume the prime responsibility for. and coordinate with the Natural Resources
and Environment Ministry, the Transport Ministry and the Public Security
Ministry in. guiding the process of and procedures for exchanging and providing
information between secured transaction registries and notary public offices,
civil judgment enforcement agencies and asset ownership, use right and
circulation right registries.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 52.
Effect
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2. To annul the following
provisions:
- Point d. Clause 1. Article 12
of the Government's Decree No. 163/2006/ND-CP of December 29. 2006. on secured
transactions;
- Clauses I, 2. 3. 4 and 6.
Article 64. and Articles 153 and 154 of the Government's Decree No.
181/2004/ND-CP of October 29. 2004. on implementation of the Land Law;
- Provisions on the permitted
duration of mortgage of land use rights by land users of Article 66 of the Government's
Decree No. 84/ 2007/ND-CP of May 25. 2007. additionally stipulating the grant
of land use rights certificates, land recovery, exercise of land use rights,
and process of and procedures for payment of compensations, provision of
supports for resettlement of land users whose land is recovered by the State
and for settlement of land- related complaints:
- Provisions on registration of
secured transactions with planted production forests of Article 36 of the
Government's Decree No. 23/ 2006/ND-CP of March 3. 2006. on implementation of
the Law on Forest Protection and Development;
- Articles 19 thru 22. and the
provision on provision of information on secured transactions in Article 27.
and the provision on correction of errors in registered secured transactions in
Article 28 of the Government's Decree No. 70/2007/ND-CP of April 20. 2007. on
registration of the nationality of and rights to civil aircraft:
- Articles 17 thru 21 of the
Government's Decree No. 29/2009/ND-CP of March 26. 2009. on registration,
purchase and sale of seagoing ships.
Article 53.
Transitional provisions
1. In case land users have any
of papers on land use rights specified in Clauses 1. 2 and 5, Article 50 of the
Land Law. they may still mortgage land use rights.
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2. Households and individuals
that possess certificates of land use rights and ownership of houses and other
land-attached assets or certificates of land use rights granted in different
periods and reside in communes or townships far away from district capitals may
choose to register mortgages with district-level land use Rights registries or
with commune-level People's Committees authorized by district-level land use
rights registries to carry out mortgage registration.
The process of and procedures
for mortgage registration at the commune level comply with the guidance of the
Justice Ministry and the Natural Resources and Environment Ministry.
3. Contracts of security with
assets signed before the effective date of this Decree but not yet registered
and still in their validity duration may be registered under this Decree.
Contracts of security with
assets registered under law before the effective date of this Decree are not
required to be re-registered under this Decree.
4. The provisions on online
registration and the national data system on secured transactions will apply as
soon as the online registration system and the national data system on secured
transactions are commissioned.
Article 54.
Implementation responsibility
1. The Justice Ministry shall:
a/ Organize the implementation
of this Decree;
b/ Organize and guide the
registration of secured transactions with assets other than land use rights,
land-attached assets, aircraft and seagoing ships;
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d/ Assume the prime
responsibility for. and coordinate with the Natural Resources and Environment
Ministry, the Transport Ministry, the State Bank of Vietnam, the Finance
Ministry and other concerned ministries and branches in. studying and
formulating a pilot scheme on centralized registration of secured transactions.
and submitting it to the Prime Minister for consideration and decision.
2. Ministers, heads of
ministerial-level agencies and government-attached agencies, chairpersons of
provincial-level People's Committees and concerned institutions and individuals
shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung