Thông tư 05/2011/TT-BTP

Circular No. 05/2011/TT-BTP of February 16, 2011, guiding a number of matters on registering, supplying of information on security transactions, contract, written notice of distrain assets for the performance of judgement in the direct manner, post office, fax, email at the Registration center on Transactions, Assets of the National registry of secured transaction under the Ministry of Justice

Circular No. 05/2011/TT-BTP, guiding a number of matters on registering, supplyi đã được thay thế bởi Circular 08/2018/TT-BTP guidelines registration and provision of information about security interests và được áp dụng kể từ ngày 04/08/2018.

Nội dung toàn văn Circular No. 05/2011/TT-BTP, guiding a number of matters on registering, supplyi


THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 05/2011/TT-BTP

Hanoi, February 16, 2011

 

CIRCULAR

GUIDING A NUMBER OF MATTERS ON REGISTERING, SUPPLYING OF INFORMATION ON SECURITY TRANSACTIONS, CONTRACT, WRITTEN NOTICE OF DISTRAIN ASSETS FOR THE PERFORMANCE OF JUDGEMENT IN THE DIRECT MANNER, POST OFFICE, FAX, EMAIL AT THE REGISTRATION CENTER ON TRANSACTIONS, ASSETS OF THE NATIONAL REGISTRY OF SECURED TRANSACTION UNDER THE MINISTRY OF JUSTICE

Pursuant to the Civil Code of June 16, 2005;
Pursuant to the Law on enforcement of Civil judgments;
Pursuant to the Government’s Decree No.65/2005/ND-CP of May 19, 2005 regulating on amending and supplementing a number of articles of the Government’s Decree No.16/2001/ND-CP of May 02, 2001 on operation and activities of financial leasing companies;
Pursuant to the Government’s Decree No.163/2006/ND-CP of December 29, 2006 on secured transaction;
Pursuant to the Government’s Decree No.83/2010/ND-CP of July 23, 2008, on registration of secured transaction;
Pursuant to the Government’s Decree No. 93/2008/ND-CP of August 22, 2008, regulating on function, tasks, powers and organizational structure of the Ministry of Justice;
In order to ensure the uniformity of the applying provisions of law on registering, supplying of information on security transactions, contracts, written notice of distrain assets for performance of judgment in the direct manner, post office, fax, email, the Ministry of Justice guiding a number of following matters:

Chapter 1.

GENERAL PROVISIONS

Article 1. The scope of application

This Circular guiding a number of matters on registering, supplying information on security transaction, contracts for purchase by deferred or instalment payment which reserve the seller's rights, property lease contracts, finance lease contracts, and contracts assigning the right to reclaim a debt and written notice of distrain assets for performance of judgment, supplying of information on distrained assets which are conducted in direct manner, post office, fax, email at Registration centers of Transactions and Assets of the National Office for registration of security transactions under the Ministry of Justice (hereinafter referred to as Registration Centers).

Article 2. Cases of registration of security transactions, contracts and written notice of distrain assets

1. Registration of security transactions (except of guarantees and trust cases) includes the following cases:

1.1. The mortgage of asset, including of The mortgage of an asset which shall form in future, The asset pledge, deposits or escrow accounts, collateral;

1.2. Change, repair mistake, delete registration of security transaction stated in the point 1.1, item 1 of this article;

1.3. Written notices on disposal of security assets for the registered security transaction.

2. Registration of contracts (except of contract on leasing for buying airplane civil) including the kinds of following contracts:

2.1. Contracts for purchase by deferred or instalment payment which reserve the seller's rights (hereinafter referred to as Contracts for purchase by deferred or instalment payment) provided in item 2, Article 13 of the Government’s Decree No.163/2006/ND-CP of December 29, 2006 on secured transaction (hereinafter referred to as the Decree No.163/2006/ND-CP);

2.2. Property lease contracts for a term of one year or more, provided in item 2, Article 13 of the Decree No.163/2006/ND-CP including:

a) Property lease contracts for a term of one year or more;

b) Property lease contracts for a term of fewer than one year, but contract signing parties agree on extension and total of time (including extension time);

2.3. Finance leasing contract provided in item 6, article 1 of the Government’s Decree No.65/2005/ND-CP of May 19, 2005 providing on amendment of and addition to a number of articles of the Government’s Decree 16/2001/ND-CP of May 19, 2005 on operation and activities of the finance leasing company;

2.4. Contract of transferring the debt claim right, including of the current debt claim right or the future debt claim right.

3. Distraing assets which according to provision of law, enforcers must inform to registration center as making decision of distraining for assets provided in article 3 of this Circular, except for these following cases:

3.1. Distrained assets have been assigned to individuals, organizations who have conditions in order to preserve or have been preserved in the warehouses of civil judgment enforcement agencies;

3.2. The total value of asset according to the decision of distraining (not including to the asset stated in point 3.1 this item) shall be temporary counted by enforcers less than 30 months of the state minimum salary.

Article 3. Assets belong to the cases of registration security transaction and written notice of distrain

Assets belong to the cases of registration security transaction and written notice of distrain including:

1. Automobiles, motorcycles, other motorized means of road transport; means of railway transport;

2. Fishing ships; means of inland waterway transport;

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

4. Vietnamese currency and foreign currencies;

5. Stocks, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks and other valuable papers which are specified by law, can be monetized and are permitted for transactions;

6. Economic rights deriving from copyright, industrial property rights or rights to plant varieties; rights to claim debts and other economic rights of securing parties originating from contracts or other legal grounds; (except from land using right, right of owner’s house);

7. Property rights to amounts of capital contributed to enterprises, projects;

8. Right to exploit natural resources, expenses for ground filling, ground clearance which are used to secure the performance of civil obligations according to the provisions of law;

9. Profits, right to receive insurance sums for security assets or other benefits obtained from security assets specified at this article;

10. Other movables specified in Clause 2, Article 174 of the Civil Code;

11. Assets attached to land which not belong to authority of registration of the land use right registration office of province or city under central and the land use right registration office of district, city under province such as: assets attached to land which build on many land plots (uninterrupted gland property); dwelling houses, works made of temporary materials (bamboo, leaf, land); auxiliary works such as parking house, kitchen, steel prefab, workshop frame, warehouse; wells; drilling platform, water tank; yard; wall-fence; power pole; power station; pumping station; transmission and generation system, system or pipeline supply and drainage life water; internal roads and other auxiliary.

Article 4. Scope of the Registration Center’s authority

1. The registration center have competence to register, supply information of security transaction; to register, supply information of contracts for purchase by deferred or installment payment which reserve the seller's rights; property lease contracts, finance lease contracts, and contracts assigning the right to reclaim a debt; written notice of distrain assets for performance of judgment and supply information of distrained assets (hereinafter referred to as register, inform, supply information of security transaction, contract, written notice of distrain) under requirement of individuals, organizations in scope of all country, not distinguish authority depend on administrative border where place head office of registration center.

2. Individuals, organizations have right to chose one of registration centers to conduct of registration, supplying information of security transactions, contracts and written notices of distrain.

3. Registration, written notice, supplying information of security transaction, contract and written notice of distrain at registration centers shall have legal value as the same.

Article 5. Tasks, rights competence of registration center

1. When conduct registration of security transaction, contract, written notice of distrain, registration centers have the following tasks and rights:

1.1. Registration of security transaction, contract, written notice of distrain in the order of reception of application of registration, written notice of distrain in a book of reception of application of registration, written notice and requirement of supplying information;

1.2. Issuing writing to certify content of registration, result of written notice of distrain which have confirmed by registration center when individuals, organizations require;

1.3. Issuing a copy of the writing of certification of content of registration which have confirmed by registration center when individuals, organizations require;

1.4. Inform to parties receiving ensure on handling secured asset;

1.5. Collect fee of registration; in case of enforcers perform written notice of distrain shall not pay fee of registration;

1.6. Refusing of registration when have one of bases which are specified at clause 1, article 11 of the Government’s Decree No. 83/2010/ND-CP of July 23, 2010 on registration of security transaction (hereinafter referred to as the Decree No.83/2010/ND-CP) ;

1.7. Archiving dossiers, documents, preserving information which has been registered;

1.8. Repairing mistakes on security transaction, contracts, written notice of distrain due to fault of person performs registration;

1.9. Other tasks, rights according to provisions of law.

2. When conduct supplying information of security transaction, contract, distrained assets, registration centers have the following tasks and rights:

2.1. Supplying information of security transaction, contract, distrained assets which are archiving in database on security transaction, contract, written notice of distrain assets for enforcement of Civil Judgments (hereinafter referred to as database) according to the time-limit provided in Article 44 of the Decree No. 83/2010/ND-CP;

2.2. Collect fee of supplying information of individuals, organizations; case person who require supplying information is executor, fee of supplying information shall not pay;

2.3. Refusing of supplying information of security transaction, contract, distrained assets when have one of bases specified in clause 1, Article 43 of the Decree No. 83/2010/ND-CP.

Article 6. Person who require registration, supplying information of security transaction, contract, person has responsibility informing and require of supplying information of distrained assets

1. Case of registration, supplying information of security transaction, contract:

1.1. A registration applicant of security transaction may be a securing party, a secured party or head of a team for management and liquidation of assets of a secured party that is an enterprise or a cooperative falling into the state of bankruptcy or a person authorized by any of those entities. When the securing party or the secured party is changed, the new securing party or the new secured party may be the applicant for registration of that change

1.2. A registration applicant of contract may be one of parties or parties to contract or a person authorized by one of parties or parties to contract. When one of parties to contract is changed, the new party to contract may be the applicant for registration of that change.

1.3. Every individuals, organizations have right to require supplying information of security transaction and contract.

2. Case of written notice of distrain assest for enforcement of Civil Judgments:

2.1. Person who has responsibility for written notice of distrain assets in order to enforce Civil Judgments may be the enforcer who made decision of distrain or the enforcer, who assigned for performance of written notice by the civil judgment enforcement agencies.

2.2. Person who requires supplying information of distrained assets in order to enforce Civil Judgments may be enforcers or other individuals, organizations.

Article 7. Time of receipt of a registration application of security transaction, contract, written notice of distrain assets in order to enforce Civil Judgments

1. Time of receipt of a registration application of security transaction, contract, written notice of distrain assets in order to enforce Civil Judgments is the time when the content of the registration application of security transaction, contract, written notice of distrain assets in order to enforce Civil Judgments is put in database.

2. In the following cases, Time of receipt of a registration application of security transaction, contract, written notice of distrain assets in order to enforce Civil Judgments is the time when the content of the registration application of security transaction, contract, written notice of distrain assets in order to enforce Civil Judgments has been informed of putting in database.

2.1. Change because of shortcoming of declaration of distrained assets or name of secured party; number of papers which determine legal status of secured party; require of registration for supplement distrained assets which parties signed new security contract; require of change of number of contract and the time of signing of security contract;

2.2. Mistakes of declaration of assets; repair mistakes because of wrong declaration, as guided in the Article 8 and Article 9 of this Circular; change of name, number of papers which determine legal status of the purchaser by deferred or instalment payment, leasing property, leasing finance, assigning the right to reclaim a debt or require registration of supplementing assets;

2.3. Repair to mistakes when declare distrained assets, mistakes when declare name, number of papers which determine legal status of person who must enforce Civil Judgments because declare wrongly with guiding at the Article 8 of this Circular or require written notice of supplementing distrained assets.

3. When register change other registered content, require repair mistakes because of fault of person who perform registration, time of receipt of a registration application of security transaction, contract is determined by the time of the first of registration.

4. When require change other content which informed, time of valid of written notice stated above is time of the first written notice.

Article 8. Declaration information of parties to security transaction, contract, enforcer perform informing, person who must enforce Civil Judgments

1. At item “Registration applicants” of the form of Registration applicants, declaring is performed as the guides below:

1.1. Declare the securing party, secured party or head of team for management and liquidation of assets of a secured party that is an enterprise or a cooperative falling into the state of bankruptcy in case of registration of security transaction;

1.2. Declare one of parties to contract in case of registration of contract;

1.3. Declare person who have responsibility of written notice of distraining assets according to provisions of the 2008 Law on Civil enforcement of judgments in case of written notice of distraining assets in order to enforcement of civil judgments.

2. Information of securing party, buying party, property leasing party, finance leasing party, the assignor of the right to reclaim a debt, judgment debtors (hereinafter referred to as securing party) shall be declared as the following:

2.1. Regarding to individuals are Vietnamese citizen, must fully declare full name, number of identity card according to exactly content write on the identity card;

2.2. Regarding to individuals are foreigners, must fully declare full name, number of passport according to exactly content write on the passport;

2.3. Regarding to individuals are stateless persons residing in Vietnam, must fully declare full name, number of permanent residence card according to exactly content write on the permanent residence card;

2.4. Regarding to organizations established under Vietnamese law with business registration, foreign investor, must declare name and tax code which is issued by tax agencies. For organizations without business registration, shall declare the registered name as provided by laws;

2.5. Regarding to organizations established under foreign law, may declare with the name which registered at the foreign authority agency. In case the registered name of organization is not written by Latin, may declare with transaction name by English.

3. Information of secured party, buying party, property leasing party, finance leasing party, the assignor of the right to reclaim a debt, enforcer performs written notice (hereinafter referred to as secured party) may be declared as the following:

3.1. Name of secured party;

3.2. Address of secured party.

Article 9. Signing of registration applications

1. Registration applications must have full signatures and seals (if any) of organizations or individuals being parties to a security transaction, contract or their authorized persons; the head of the asset management and liquidation team or his/her authorized person, if he/she is the registration applicant, except provided in clause 2 of this Article.

2. Registration applications need only signature and seal (if any) of one of parties to security transaction, contract or of their authorized persons, in cases below:

2.1. Case one of parties to security transaction, contract don’t accept to sign their name in the Registration application, person require for Registration submit copy of written of security transaction, contract or papers may prove basis of registration enclosed Registration application (01 copy);

2.2. Case require of registration change the secured party, reduce secured assets, registration written notice on disposal of security assets, delete registration of security transaction, the Registration application only need have signature and seal (if any) of secured party or their authorized persons for requirement Registration;

2.3. Case require of registration of change buying party by deferred or instalment payment, property leasing party, finance leasing party, the assignor of the right to reclaim a debt or their authorized persons, the Registration application only need have signatures and seals (if any) of the main parties.

Article 10. Time of receipt of Registration application, written notice of distrain

Time when the registration center receipt Registration applications, written notices of distrain is base for determination order of updating information for database shall determine as the following:

1. Case registration application, written notice of distrain assets are submitted directly or through post, time of receipt of Registration application, written notice determined is time of receipt of valid Registration application, written notice.

2. Case registration application, written notice of distrain assets are submitted through fax, email, the time of receipt of Registration application, written notice determined is time when valid Registration application, written notice sent to the registration center's fax machine, computer used for receipt application, written.

Article 11. Registration fee, information supply charge

Registration fee, information supply charge and cases free or reduce Registration fee, information supply charge of security transaction, contract, distrained assets in order to enforcement of Civil Judgments performed according to guides of the Finance ministry and Justice ministry .

Article 12. Mode of payment of fee

1. Mode of payment of Registration fee, information supply charge of security transaction, contract, distrained assets apply with frequent client, including:

1.1. Pay direct at one of the registration centers;

1.2. Pay into account of the registration center opened at the bank;

1.3. Paying an accreditative revenue or accreditative expenditure via bank or the State Treasury, or making payment from an advance amount already remitted into a registration center's account.

For payments of registration fee or information supply charge made by the mode of accreditative revenues or accreditative expenditures, shall be made according to monthly payment notices. Clients must pay in full the registration fee or the information supply charge amounts of a month by the 20th day of the following month at the latest

2. Infrequent Clients perform payments of registration fee or information supply charge according to mode specified in one of point 1.1 and point 1.2, clause 1 of this article.

3. If clients do not perform obligation of payment of registration fee or information supply charge or payment of fee for using frequent customer service according to provisions of law on fee, charge, The National Registry for Security Transactions shall temporary lock frequent client code. In 3 month-time since the day frequent client code is temporary locked, if frequent client has not yet paid fee, charge, The National Registry for Security Transactions shall lock frequent client code and only reactivate frequent client code when the client pay fully fee, charge.

Chapter 2.

ORDER AND PROCEDURES FOR REGISTRATION SECURITY TRANSACTION, CONTRACT, WRITTEN NOTICE OF DISTRAIN AND SUPPLYING INFORMATION OF SECURITY TRANSACTION, CONTRACT, DISTRAINED ASSETS IN ORDER TO ENFORCE CIVIL JUDGMENTS

SECTION 1. ORDER AND PROCEDURES FOR REGISTRATION SECURITY TRANSACTION, CONTRACT, WRITTEN NOTICE OF DISTRAIN

Article 13. Order and procedures for registration security transaction, contract, written notice of distrain

1. Registration applicants submit one (01) registration application of security transaction, contract, enforcer submit one (1) written notice of distrain assets to registration center in order to enforce civil judgments.

2. In time of handling dossiers specified in Article 18 of the Decree No. 83/2010/ND-CP Registration applicants perform these following jobs:

2.1. Check information declared in the applications, written notice. Case registration applications, written notices are not belong to one of cases of refusing specified in point a, b, c, d and đ clause 1, Article 1 of the Decree No.83/2010/ND-CP registrar record the time of receipt of application, written notice (hour, minute, day, month, year) in book of registration application, written notice and require supplying information and grant an appointment of returning result for registration applicants, enforcers in case registration application, written notice submitted directly;

2.2. Enter information of registration application, written notice of distraining assets for enforcement of civil judgments into database;

2.3. Pay certificate of registration content, written notice with confirmation of Registration Center according to one of mode specified in Article 19 of the Decree No.83/2010/ND-CP for applicants, enforcers (if have request).

3. For written notice of distrain assets for enforcement of civil judgments, in case person who perform registration find out there are transactions, contracts which registered with name of judgment debtors in the period since enforcer verify assets planned distrain until Registration center receiving written notice of distraining assets, Registration center inform in written for enforcer about those transactions or contracts, at the same time of returning result of written notice of distrained assets.

4. In case person require registration, enforcer have sent registration application, written notice of distrain but after that they finding out the registration application, written notice are coincided with application which is registered, written notice which is noticed before that, person require registration, enforcer must submit one (1) application for deleting registration, written for deleting notice to registration center.

Order, procedure of deleting registration, notice are performed according to guiding in clause 1 and clause 2, Article 17 of this Circular.

Article 14. Order and procedures for registration of written notices on disposal of security assets

1. The requester submits one (1) registration application of written notices on disposal of security assets for Registration Center.

2. After receiving registration applications, registrars shall perform the jobs specified in Clause 2, Article 13 of this Circular.

Registration Center send certification of registration content with confirmation of Registration Center on disposal of securing party’s asset for related parties as following (if any) by address which preserved in database: the party which have same guarantee by the securing party’s asset; party which sell assets for the securing party by deferred or instalment payment; party which let the securing party to hire assets; party which let the securing party to lease finance; party receive assigning of the right to reclaim a debt from the securing party.

3. Base on the scope of security assets be disposal, related parties perform registration change content of security transaction be registered (reducing security assets) according to guiding in article 15 of this Circular or perform deleting registration security transaction according to guiding in article 17 of this Circular.

4. Case parties agree not disposal with security assets after have sent registration application of change content of registered notice for registration center. Order and procedures for registration of change shall be performed according to guiding in article 15 of this Circular.

Article 15. Order and procedures for registration of change content of security transaction, contract have been registered, content have been informed on assets distrained for enforcement of civil judgments

1. The requester, enforcer submit one (1) registration application of change, written request change content of informed notice when have one of following bases:

1.1. Reducing, supplementing, replacing one of parties enter in security transaction, contract, judgment debtor; change of name, number of papers which determine legal status of parties enter in security transaction, contract and of judgment debtor;

1.2. Reducing, supplementing assets in security transaction, contract which registered without signing new security contract; Reducing, supplementing assets in written notice of distrain assets;

1.3. Change security measure to security assets registered;

1.4. Security assets are assets be forming in future then formed; except security assets shall perform in future are goods which moving in process of manufacture, business or security assets shall perform in future are traffic motor means which have been recorded serial number of chassis when register security transaction;

1.5. Request to repair mistake of content declared in registration application, written notice of distrain;

1.6. Change other content registered, informed.

2. The registration applicant submit one (1) application for change registration, enforcer submit one (01) written request change content informed to Registration Center.

3. After receiving application for change registered content or written request change informed content, register perform jobs according to guilding in clause 2, article 13 of this Circular.

4. In case change name of securing party, number of paper determine legal status of securing party or change securing party in many registered security transactions, person who applies registration may submit one (01) application dossier of registration change name of change securing party for all those security transactions. Registration dossier includes:

4.1. Registration Application of change registered content;

4.2. Authorized written (if any);

4.3. List of security transactions, contracts which have registered.

Order and procedures of registration of change are performed according to guiding in clause 3 of this article.

Article 16. Order and procedures of repair mistake of security transaction, contract which were registered, notice of distrain assets that are fault of person who registers

1. In case register find out that the database has mistake of registered content, notice that are fault of register, register must timely report to the director of registration center for consider, decision of adjustment information and send written notice of that adjusted information to person who request registration, enforcer who made notice through address written on registration application and written notice of distrain.

2. In case requester of registration, enforce find out mistake of registered content , notice that are fault of register, requester of registration, enforce submit one (1) application of repair mistake in registered content or written require for repair mistake of informed content to Registration Center

3. After receiving application, written require of repairing mistake, register performs jobs according to guiding in clause 2, article 13 of this Circular.

Article 17. Order and procedures of deleting registration of security transaction, contract, deleting notice of distrain assets in order to enforce civil judgment

1. When have one of bases provided in clause 1, article 13 of the Decree No. 83/2010/ND-CP registration requester submit one (1) application of deleting registration for Registration Center.

2. In limited time not over three (03) working days since the day of clearance of distrain assets or completing of handling distrained assets, enforce send one (01) written requirement for deleting notice of distrain asset for enforcement of civil judgment to Registration Center.

3. After receiving registration application, written requirement of deleting notice, register performs according to guiding in clause 2, article 13 of this Circular.

In case person who request deleting of registration is securing party or person authorized by securing party or party buying asset by deferred or instalment payment, party hiring asset, party hiring finance, party receiving assigning of the right to reclaim a debt or authorized person, judgment debtors, register send to secured party or party selling asset by deferred or instalment payment, party leasing asset, party leasing finance, the assignor of the right to reclaim a debt, Civil Enforcement agency one written certificate of content of deleting registration, deleting notice via address written on application or written notice of distrain.

Article 18. Procedure of receipt and solving registration application, written notice of distrain via email

1. Registration requester sends registration application. The enforcer send written notice of distrain assets for enforcement of civil judgment via email in form of data attached (format in picture file) and in form of data of characters (format in file text).

2. When handling registration application, written notice, the register must perform of archiving email with content of registration application, written notice of client.

3. After finish registration, Registration Center performs the following jobs:

3.1. Inform by email for requester, the enforcer of completed registration, notice;

3.2. Return written certificate of content of registration, notice with confirmation of registration center, if requester or enforcer have requirement thereof.

SECTION 2. SUPPLY INFORMATION OF SECURITY TRANSACTIONS, CONTRACTS, ASSETS DISTRAINED FOR ENFORCEMENT OF CIVIL ENJUGDMENTS

Article 19. The right to require supply information of security transaction, contract which registered, informed of assets distrained for enforcement of civil judgment

1. Organizations, individuals have the right to require the Registration Center to supply information of security transactions, contracts, assets distrained which are archiving in database in order to use as base of proving for their legal right and profit in related to assets are real estate .

2. The enforcer has the right to require information of assets planning distrain before making decision of distrain assets to execute obligation of judgment debtors with the following content:

2.1. Assets are being used to secure performance of civil obligation;

2.2. Assets that judgment debtors bought by deferred or instalment payment and the selling party maintain the ownership;

2.3. Assets that judgment debtors hire with the time of one year or longer or assets from finance hiring;

2.4. Other cases, if law has provisions.

Article 20. Criterion of finding information of security transactions, contracts, distrained assets

1. Information of security transactions, contracts, distrained assets is found according to papers which determine the legal status of security party, buying party, party hiring assets, party hiring finance, assignor of the right to reclaim of debt, judgment debtors (hereinafter referred to as securing party):

1.1. If securing party is Vietnamese citizen, criterion of finding information is full name, number of identity card.

1.2. If securing party is organization established according to Vietnam law, with business registration or foreign investor, the criterion of finding information is tax code of that organization or of foreign investor thereof.

1.3. If securing party is foreign individual, criterion of finding information shall be full name, number of that individual’s passport; person without nationality who is residing in Vietnam, the criterion of finding information is full name, number of that person’s permanent residence card.

1.4. If securing party is organization established according to Vietnam law, have no business registration, the criterion of finding information is the registered name under law provision of that organization.

1.5. If securing party is organization established according to foreign law, the criterion of finding information is the name registered at the competent foreign body of that organization.

2. Information of security transactions, contracts, distrained assets is found according to number of chassis of traffic motor means.

3. Information of security transactions, contracts, distrained assets is found according to registration number of security transactions, contracts, notice of distrain assets for enforcement of civil judgment.

Article 21. Order and procedures of supplying of security transactions, contracts which have been registered, information of assets distrain for enforcement of civil judgment

1. The requester supply information and the enforcer submit one (01) application, written requirement of supplying information to Registration Center.

2. After receiving application, written requirement of supplying information, the register check information declared on that application, written.

If the application require registration, the written require supply information are not belong to one of cases of refusing specified in point a, b and c, clause 1, Article 43 of Decree No. 83/2010/ND-CP the register shall record the time of receipt the application, the written (hour, minute, day, month, year) in the Book of receipt of the application require registration, the written notice and requirement of supplying information.

3. The Registration Center issues the written of supplying information of security transactions, contracts which registered for the requester of supplying information of issues the written of supplying information for enforcer or individuals, organizations who make request in the time specified in Article 44 of the Decree No. 83/2010/ND-CP.

4. The receipt, solving the application, written of requirement supplying information via email are performed similar to guiding in the clause 2, clause 3 of this article.

Chapter 3.

IMPLEMENTATION PROVISION

Article 22. Implementation effect

1. This Circular takes effect since the April 20, 2011 and replace the following Circular:

1.1. The Circular No. 06/2006/TT-BTP of September 28, 2006 of the Justice Ministry, on guiding a number of matters regarding the competence, order and procedures for registration of, and supply of information on, security transactions at centers for registration of transactions and assets of The National Registry for Security Transactions under the Justice Ministry.

1.2. The Circular No. 03/2007/TT-BTP of May 17, 2007 of the Justice Ministry, on amending and supplementing number of provisions of the Circular No. 06/2006/TT-BTP of September 28, 2006 of the Justice Ministry, on guiding a number of matters regarding the competence, order and procedures for registration of, and supply of information on, security transactions at centers for registration of transactions and assets of The National Registry for Security Transactions under the Justice Ministry;

1.3. The Circular No. 04/2007/TT-BTP of May 17, 2007, of the Justice Ministry on guiding the authority, order and procedures of registration, supplying information of contracts of buying by deferred or instalment payment, contract of hiring assets, contract of leasing finance and contract of transferring the right of reclaim of a debt;

1.4. The Circular No. 07/2007/TT-BTP of October 09, 2007 of the Justice Ministry guiding on inform of distrain assets for enforcement of civil judgment and supply information of distrained assets at the Registration Centers of transactions and assets of The National Registry for Security Transactions under the Justice Ministry.

2. Adopting attached this Circular the following forms:

2.1. The Book of receipt of the registration application, the written notice and written requirement of supplying information;

2.2. The form of registration application of security transactions, contracts, written notice of distrain assets for enforcement of civil judgment and appendix;

2.3. The written certificate of content registered, informed of Registration Center;

2.4. The requirement application of supplying information of security transactions, contracts, distrained assets;

2.5. The written supply information of security transactions, contracts which registered, information of assets distrained for enforcement of civil judgment of Registration Center;

2.6. The application for registration of the regular client;

2.7. The application for change information of the regular client;

2.8. The application for issuing individual code with security transactions, contracts which have registered, notice of distrain that has informed at Registration Center before this Circular takes effect;

2.9. The application of change of individual code;

2.10. The appointment paper of returning result of registration.

Article 23. The transition provision

1. In case security transactions, contracts, notice of distrain which have registered, informed before the Decree No. 83/2010/ND-CP takes effect and to the September 09, 2010 (effective day of the Decree No. 83/2010/ND-CP) still valid, organizations, individuals must not perform registration, notice of extension, that registration, notice are automatically valid until organizations, individuals submit application for requirement of deleting registration, written requirement of deleting notice according to provision in Article 6 of the Decree No. 83/2010/ND-CP.

2. The recognition and issuing code number of regular client is performed according to the regulations of issuing, management, using code number of regular client and online registration account of The National Registry for Security Transactions.

In case organizations, individuals have recognized qualify of a regular client before this Circular takes effect, The National Registry for Security Transactions has duty to check, synthetize and inform code number of regular client for organizations, individuals to perform registration security transactions, contracts, notice of distrain according to guiding of this Circular.

3. In case the requester has registered security transaction, contract, enforcer has informed of distrain assets for enforcement of civil judgment in one on mode as direct mode, post office, fax or email, when they require for change, repairing mistake, deleting registration, notice of distrain in the online mode, shall perform according to the provision in the Circular No. 22/2010/TT-BTP of December 06, 2010, of the Justice Ministry, guiding on registration, supplying online information of security transactions, contracts, notices of distrain assets for enforcement of civil judgment.

4. For secured transactions, contracts have registered or written notice of distrain have informed at one of Registration Center before this Circular takes effect:

4.1. If information of the securing party, the assets purchaser, the party hiring assets, the party hiring finance, party transfer the right to reclaim of a debt, the judgment debtor is Vietnamese citizen, is declared from officer card, Army card to soldier, People's police card or people's security police card, worker card, staff card under the citizen Public Security Force, when this Circular takes effect, if organizations, individuals have require to registration of change, editing mistake, deleting registration, notice of distrain, must declare information according to information of identity card.

4.2. If have require to register change, editing mistake, deleting registration, notice of distrain in the online mode, The National Registry for Security Transactions issues individual code of security transactions, contracts, written notice of distrain thereof.

5. Case of notice of distrain assets, when make decision of distrain assets, enforcer must inform timely asset distraining to Registration Center in order and procedures specified in Article 13 of this Circular.

For agencies of enforcement of civil judgment at the level of army district, of enforcement of civil judgment at locals in rural, deep-lying and far-flung areas whereas cannot inform timely of distrain asset to Registration Center, this limit-time shall be raised, but not over five (05) working days, since the day of making the decision of distrain asset.

Case of sending written notice of distrain asset to Registration Center via post office, the time of five days shall be counted base on the post office’s confirmation seal of sending.

6. For locals which are chosen to pilot of organization, activities of executors, order and procedures of notice of distrain asset and find out information of distrained assets of executors shall be informed according to provisions of this Circular.

Article 24. Enforcement responsibility

1. The National Registry for Security Transactions has responsibility of guiding on registration, notice, supplying information of security transactions, contracts, notice of distrain asset for enforcement of civil judgment at Centers of Registration of transactions, assets specified in this Circular.

2. In the enforcement process, if have difficulty, problems, suggest individuals, organizations reflect timely to the Ministry of Justice for researching and solving.

 

 

PP. THE MINISTER
VICE MINISTER




Dinh Trung Tung

 


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Số hiệu05/2011/TT-BTP
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