Thông tư 08/2014/TT-BTP

Circular No. 08/2014/TT-BTP dated February 26, 2014, amending Circular No. 05/2011/TT-BTP guiding registration and provision of information on secured transaction, contract and notification of property distraint for judgement enforcement by direct method, post, fax, email in property transaction registration center of secured transaction registration department of the ministry of Justice and Circular No. 22/2010/TT-BTP guiding the registration and provision of online information on secured transaction, contract and notification of property distraint for judgment enforcement

Nội dung toàn văn Circular No. 08/2014/TT-BTP amending Circular No. 05/2011/TT-BTP No. 22/2010/TT-BTP


MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 08/2014/TT-BTP

Hanoi, February 26, 2014

 

CIRCULAR

AMENDING AND ADDING A NUMBER OF ARTICLES OF CIRCULAR NO. 05/2011/TT-BTP DATED FEBRUARY 16, 2011 OF THE MINISTRY OF JUSTICE GUIDING A NUMBER OF ISSUES ON REGISTRATION AND PROVISION OF INFORMATION ON SECURED TRANSACTION, CONTRACT AND NOTIFICATION OF PROPERTY DISTRAINT FOR JUDGEMENT ENFORCEMENT BY DIRECT METHOD, POST, FAX, EMAIL IN PROPERTY TRANSACTION REGISTRATION CENTER OF SECURED TRANSACTION REGISTRATION DEPARTMENT OF THE MINISTRY OF JUSTICE AND CIRCULAR NO. 22/2010/TT-BTP DATED DECEMBER 06, 2010 OF THE MINISTRY OF JUSTICE GUIDING THE REGISTRATION AND PROVISION OF ONLINE INFORMATION ON SECURED TRANSACTION, CONTRACT AND NOTIFICATION OF PROPERTY DISTRAINT FOR JUDGMENT ENFORCEMENT

Pursuant to Civil Code dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Enforcement of Civil Judgments dated November 14, 2008;

Pursuant to Decree No. 65/2005/ND-CP dated May 19, 2005 of the Government amending and supplementing a number of articles of Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on organization and operation of financial leasing company;

Pursuant to Decree No. 95/2008/ND-CP dated August 25, 2008 of the Government amending and supplementing a number of articles of Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on organization and operation of financial leasing company;

Pursuant to Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction;

Pursuant to Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transaction;

Pursuant to Decree No. 11/2012/ND-CP dated February 22, 2012 of the Government amending and supplementing a number of articles of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction;

Pursuant to Decree No. 22/2013/ND-CP dated March 13, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Justice.

The Minister of Justice issues Circular amending and supplementing a number of articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding a number of issues on registration, provision of information on secured transaction, contract and notification of property distraint for judgment enforcement under the direct method, mail, fax, e-mail at the property transaction registration center of the Department National Secured Transaction Registration of the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding the registration and provision of online information on secured transaction, contract and notification of property distraint for judgment enforcement;

Article 1. Amending and adding a number of articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding a number of issues on registration, provision of information on secured transaction, contract and notification of property distraint for judgment enforcement under the direct method, mail, fax, e-mail at the property transaction registration center of the Department National Secured Transaction Registration of the Ministry of Justice;

1. Amending Clause 2, Article 2 as follows:

“2. The types of contract which are not the hire purchase contract of civil airplane under regulation of law on aviation, the hire purchase contract of foreign ship of Vietnamese organizations and individuals under the regulations on registration and sale and purchase of ship registered, particularly:

2.1. Purchase contract with deferred payment or installment payment may retain the seller’s ownership (hereafter collectively referred to as contract with deferred payment or installment payment) specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction (hereinafter referred to as Decree No. 163/2006/ND-CP);

2.2. Property lease contract with a term of one year or more specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP includes:

a) Contract with property lease term of one year or more;

b) Contracts with a property lease term of less than one year, but the contracting parties have agreed upon the renewal and total lease term (including the renewal) from a year or more;

2.3. Financial leasing contract under regulations of law on financial leasing;

2.4. Contract of debt claim transfer including the existing debt claim or debt claim constituted in the future;

2.5. Other types of contract not under the registration authority of ship registration organ and the Civil Aviation Administration of Vietnam under regulation of maritime law and aviation law. "

2. Amending Clause 6 and adding Clause 6a and 6b, Article 3 as follows:

“6. Property right arising from copyrights and industrial property right, plant variety right; debt claim; right to compensation for any damage arising from the contract.

6a. Property rights arising from contracts and transactions of real estate in accordance with the provisions of Article 181 of the Civil Code 2005 and the provisions of Clause 3, Article 47 of Decree No. 83/2010/ND-CP dated July 23, 2010, particularly: the property right arising from housing sale and purchase contract, capital contribution contract to build housing, contract of housing business cooperation (including social housing) of the organizations and individuals purchasing from the real estate businesses under construction projects approved by the competent authority; property rights arising from the contract of sale, capital contribution, business cooperation of other assets attached to land; Property right arising from the contract of assignment, capital contribution contract, business cooperation contract, land use right lease contract associated with the infrastructure which the project investor has legally signed under regulations of law on housing; Accounts receivable, insurance entitlement and fees earned by investors during the investment process, business and development of housing construction project; The benefits gained from the business and use of value of right of land use or infrastructure on land (revenue of land lot or technical infrastructure on land); other property rights as prescribed by law.

6b. Property right arising from contract and transaction on airplane and ship in accordance with the provisions of Article 181 of the Civil Code 2005 and the provisions of Clause 1, Clause 2, Article 47 of Decree 83/2010/ND-CP dated July 23, 2010, particularly: property right arising from shipbuilding lease contract; Reimbursement and compensation right for any damage arising from the purchase contract of airplane, ship; insurance beneficiary right under insurance contract for airplane and ship; revenues gained from the operation of airplane or ship; other property rights as prescribed by law".

3. Amending Clause 1 and annulling Clause 2, Article 4 as follows:

“1. Registration Center has the authority to register and provide information on secured transaction; register and provide information about purchase contract with deferred payment or installment payment with the retention of seller’s ownership, property lease contract, financial leasing contract and contracts to transfer debt claims; notification of property distraint for enforcement of judgment and provision of information about the distrained property (hereinafter referred to as registration, notification and provision of information on secured transactions, contract and notification of distraint) ".

4. Amending Point 1.1, 1.2, 1.3 and 1.6, Clause 1, Article 5 as follows:

“1.1. Registration of secured transaction, contract and notification of distraint in line with the order of receipt of registration application, a written notification of distraint in the Book of receipt of registration application, a written notification and request for provision of information; the officer receiving application shall record the ordinal number in the section “application number” of “part of record of registration organ” in the  registration application;

1.2. Issue of Certificate of registration of secured transaction, contract and notification of property distraint for judgment enforcement with certification of registration Center;

1.3. Issue of copy of Certificate of registration of secured transaction, contract and notification of property distraint for judgment enforcement with certification of registration Center upon request of individuals and organizations;

1.6. Refusal for registration upon one of the grounds specified in Article 10a of this Circular”.

5. Amending Point 2.1, Clause 2, Article 7 as follows:

“2.1. Changes due to mistakes on declaration of secured property or the name of securing party, the number of paper identifying the legal status of the securing party; request for registration of additional property of which the parties have not signed new security contract; request for change of time to sign the security contract; adding subsequent secured obligations in case where the parties have not agreed upon the secured obligations arising in the future at the time of signing of security contract”.

6. Adding Article 8a as follows:

 “Article 8a. Description of secured property

1. The registration requester and executor notifying property distraint for judgment enforcement shall describe property in accordance with the guidance on the  registration application and the written notification of property distraint for judgment enforcement;

2. In case where the secured property is the road motor vehicles, inland water vehicles or railway transport vehicles (hereafter referred to as motor vehicles) and these properties are not the goods circulated during the production and business or are not the goods formed in the future, the registration requester and executor notifying property distraint for judgment enforcement shall described correctly the chassis number of that motor vehicle on the registration application. Each chassis number of motor vehicle is filled corresponding to an ordinal number box on the registration application;

Where the chassis number of motor vehicles has special characters (for example: *, # ...), the registration requester and executor notifying property distraint for judgment enforcement shall described correctly the chassis number (numbers, letters and special characters) in the field "Description of property” on the  registration application.

3. Where the description of property of  registration application and the written notification on handling the secured property, the registration requester only declares the property to be treated which has been described in the first  registration application (or registration for change of having that property) and correctly declares the number of  registration application;

4. Where the secured property is the goods circulated during the production and business, inventory, property rights, the registration requester may describe the property as follows:

4.1. Name of goods, types, quantity and address of warehouse or other information related to those goods in case where the secured property is the goods circulated during the production and business or inventory;

4.2. Specific name of property right and legal ground for generation of right, value in cash of property right (if any) or other information related to that property right in case where the secured property is the property right”.

7. Adding Clause 3 of Article 9 as follows:

“3. In case where the secured party does not sign the deregistration application, the deregistration application only needs the signature or seal (if any) of the securing party and the registration requester must attach the original or copy (certified) of the written consent to deregistration of secured transaction or written notification of the mortgage clearance of the secured party with the application for for deregistration".

8. Adding Article 10a as follows:

 “Article 10a. Refusal of registration of secured transaction, contract and notification of property distraint for judgment enforcement, refusal of sending notification on mortgage of motor vehicle;

1. The Registration Center refuses the registration of secured transaction, contract and notification of property distraint for judgment enforcement when having one of the grounds as follows:

a) The secured property is not under the registration authority of the Registration Center;

b) Registration application is not valid because the registration requester has not declared fully and improperly with the guidance on declaration for the contents of required declaration on the registration application;

c) Description of secured property is not in accordance with the provisions in Clause 1, 2 and 3, Article 8a of this Circular;

d) Failure to pay the fees of registration, provision of information and fees to use the regular customer’s services in accordance with regulations of law;

dd) Request for registration of change and registration of written notification of handling of secured property, correction of mistake in case of deregistration or non-registration for that transaction;

e) Property declared on the registration application is not clear or declared in Vietnamese language with accent marks leading to non-identification of secured property, except that the secured property has proper name in foreign language;

g) The requester for registration of regular customer code of other organizations and individuals, except that the registration requester is the authorized person to carry out the registration of secured transaction;

h) The executor or the civil judgment enforcement has requested in writing to temporarily cease or cease the registration of secured property but the securing party is the judgment debtor as prescribed in Clause 1, Article 178 of the Law on civil judgment enforcement 2008;

2. The Registration Center refuses to send notification of mortgage of motor vehicle in case where the Document requiring the notification of mortgage of motor vehicle has not fully declared information about the motor vehicle under the form issued together with the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA dated November 05, 2013 of the Ministry of Justice, the Ministry of Transport, the Ministry of Natural Resources and Envirionment and the Ministry of Public Security guiding the exchange and provision of information on secured property between the secured transaction registration organ with the notary public institution, the civil judgment enforcement organ and the registration organ of ownership, use right and property circulation right (hereinafter referred to as the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA) ".

9. Annulling Point 1.2 and amending Point 1.3, Clause 1, amending Clause 2, annulling Clause 3 of Article 12 as follows:

“1.3. Payment of encashment order and payment order through the State Treasury or payment from the advanced amount paid into the account of the Registration Center;

The payment of fees of registration and provision of information by the method of encashment order and payment order is done with the notification of monthly payment. The customer must make full payment of monthly fees of registration and provision of information no later than the 28th date of the subsequent month;

2. The irregular customer shall make payment of fees of registration and provision of information by the method specified at Point 1.1 and Clause 1 of this Article”.

10. Adding Articles 12a, 12b, 12c, 12d và 12dd, 12e and 12f as follows:

 “Article 12a. Request for issue of regular customer code

1. Organizations and individuals upon request for issue of regular customer code shall submit one (01) dossier directly or by post to the Department National Secured Transaction Registration;

Dossier to request the regular customer code includes:

a) Application for registration of regular customer (01 original);

b) Certified copy (01 copy) of one the papers determining the legal status and issued by the competent authorities is: Identity card (for individuals); Certificate of business registration; Permit of establishment and operation, Investment license and establishment Decision (for organizations);

If submitting dossier directly, the organizations and individuals only submit one copy and introduce the original of paper determining the legal status of organizations and individuals for comparison;

2. Within 01 day, from the date of receipt of valid dossier, the Department National Secured Transaction Registration shall issue the regular customer code and notify the organizations and individuals directly or by post. The issue of regular customer code is done simultaneously with the issue of online registration account;

3. In case of request for re-issue of regular customer code or online registration account, the regular customer must request in writing the Department National Secured Transaction Registration to re-issue the regular customer code or the online registration account issued;

Article 12b. Authorized use of regular customer code

1. The regular customer shall send the written request for the authorized use of regular customer code (01 original) by post or directly to the Department National Secured Transaction Registration; if submitting directly, the regular customer only submit 01 copy and introduce the original of authorization document for comparison.

2. The regular customer and the authorized party must pay the fees of use of regular customer services as prescribed;

3. Within 01 day, from the date of receiving the written request from the regular customer, the Department National Secured Transaction Registration shall notify the result in writing by post or e-mail to the regular customer; notify by e-mail to the property transaction registration Centers of the authorized use of regular customer code;

4. When there is a request for termination of authorization, the regular customer shall send a written request for termination of authorization (01 original) by post or directly to the Department National Secured Transaction Registration; if submitting directly, the regular customer only submit 01 copy and introduce the original for comparison.

Within 01 day, from the date of receipt of written request for termination of authorization or from the date the regular customer and the authorized party have not paid the fees of use of regular customer services as prescribed, the Department National Secured Transaction Registration shall notify in writing by post and email to the regular customer; notify by e-mail to the property transaction registration Centers of the termination of authorized registration under the regular customer code;

Article 12c. Change of information about regular customer

1. In case of change of information about the name, address and number of papers determining legal status, the regular customer must submit dossier to request the registration of change of information about regular customer directly or by post to the Department National Secured Transaction Registration;

2. The dossier includes:

a) Application for registration of change (01 original);

b) Papers determining legal status specified at Point b, Clause 1, Article 12a of this Circular to prove the change or mistake upon declaration;

3. Within 01 day, from the date of receipt of valid dossier for change of information about the regular customer, the Department National Secured Transaction Registration shall adjust the contents of change of information about regular customer;

Article 12d. Refusal of issue of regular customer code

1. Cases of refusal of issue of regular customer code include:

a) Application for registration of regular customer is not in accordance with the form issued by the Ministry of Justice;

b) Dossier to request the issue of regular customer code lacks one of the type of papers specified in Clause 1, Article 12a of this Circular;

2. Within 01 day, from the date of receipt of dossier to request the issue of regular customer code, if there is one of the grounds for refusal, the Department National Secured Transaction Registration shall send the written refusal of regular customer code by post to the registration requester specifying the reasons for refusal and guide the registration requester to comply with regulations of law;

Article 12d. Temporary cease of use of regular customer code

1. The temporary cease of use of regular customer code is for the following cases:

a) At the written request of the property transaction registration Center because the regular customers have not make payment of fees of registration and provision of information as prescribed;

b) The regular customers have not paid the fees of use of regular customer services as prescribed;

c) The regular customers violate the regulations on use of regular customer code;

d) The regular customers allows the other organizations and individuals to use their regular customer codes without properly complying with the provisions in Article 12b of this Circular;

dd) At the written request of regular customers

2. Within 01 day, from the date of one of the grounds specified in Clause 1 of this Article, the Department National Secured Transaction Registration shall temporarily cease the use for that regular customer code;

3. Where the regular customer requests in writing the temporary cease of use of regular customer code before the date the Department National Secured Transaction Registration has notified in writing the payment of fees of use of regular customer services as prescribed by law, the regular customer shall not have to pay the fees of use of regular customer services of that year;

Where the regular customer requests in writing the temporary cease of use of regular customer code after the date the Department National Secured Transaction Registration has notified in writing the payment of fees of use of regular customer services as prescribed by law, the regular customer shall have to pay the fees of use of regular customer services of that year;

Article 12e. Reactivation of regular customer code

1. The reactivation of regular customer code is done in the following cases:

a) The regular customers have fully paid fees of registration, information provision, use of regular customer services as prescribed by law;

b) The regular customers have committed in writing not to continue to violate the regulations on use of regular customer code;

c) The regular customers have authorized the other organizations and individuals to use their regular customer code in accordance with the procedures specified in Article 12b of this Circular;

d) The regular customers shall request in writing the reactivation of regular customer code after they requested to temporarily use the regular customer code;

2. Within 01 day, from the date the customer has proven one of the grounds specified in Clause 1 of this Article, the Department National Secured Transaction Registration shall reactivate the regular customer code immediately;

Article 12f. Cease of use of regular customer code and re-use of regular customer code

1. The cease of use of regular customer code is done in the following cases:

a) The regular customers request in writing the cease of use of regular customer code after fulfilling their obligations as prescribed by law;

b) The regular customers have not paid the fees of regular customer services within 12 consecutive months from the time the Department National Secured Transaction Registration has notified in writing the debt of fees of regular customer services;

c) After 03 months from the date of temporary use of regular customer code as stipulated in Article 12e of this Circular but the customer has no need to re-activate the regular customer code.

2. The Department National Secured Transaction Registration shall re-activate the regular customer code which has been ceased for use after the customer has complied with the procedures specified in Article 12a of this Circular”.

11. Amending Point 2.1 and 2.3, Clause 2, amending Clause 4, Article 13 as follows:

“2.1. Verifying information declared on the registration application and written notification. If the registration application and written notification are not subject to one of the cases of refusal specified in Article 10a of this Circular, the officer receiving application records the ordinal number of receipt of application in section “application number” of “part of record of registering organ” in the registration application, the time to receive the registration application and the written notification ( hour, minute, date, month, year) in the Book of receipt of registration application, the written notification and application for provision of information and issues the receipt to the registration requester and executor in case where the registration application, the written notification or the application for provision of information are submitted directly;

2.3. Returning the Certificate of registration of secured transaction, contract and notification of property distraint for judgment reinforcement with the certification of Registration Center and the registration application with the joint page stamp of the registration Center by one of the ways specified in Article 19 of Decree No. 83/2010/ND-CP to the registration requester and executor.”

4. If the registration requester and executor find that the registration application and the written notification are identical with the registration application and the written notification previously notified, the registration requester and executor shall submit one (01) deregistration application and the written request for deletion of notification to the registration Center;

The registration requester must submit the registration fees for the identical registration applications;

The order and procedures for deregistration and deletion of notification are done under the guidance in Clause 1 and 2, Article 17 of this Circular”.

12. Amending Clause 2, Article 14 as follows:

“2. After receiving the registration application, the person performing the registration shall perform work under the guidance in Clause 2, Article 13 of this Circular;

The registration Center shall send 01 copy of the Certificate of registration of secured transaction, contract and notification of property distraint for judgment reinforcement with the certification of Registration Center on the handling of property of the securing party for the parties secured by the property of securing party, the party selling property with deferred payment and installement payment made to the securing party, the party leasing property to the securing party and the party leasing finance to the securing party, the party receiving the transfer of debt claim from the securing party at the address stored in database”.

13. Annulling Point 1.3, Clause 1 and amending Clause 4, adding Clause 5 of Article 15 as follows:

“4. In case of changing the name of securing party or changing the securing party in secured transactions registered, the registration requester may sybmit one (01) dossier for change of name or securing party for those secured transactions. The dossier includes:

4.1. Application for change of conents registered;

4.2. Authorization document (if any);

4.3. List of number of registration applicationss in need of registration for change;

The order and procedures for registration of change shall comply with the guidance in Clause 3 of this Article;

5. In case where the registration requester has given specific declaration of quantity of goods circulated during the production and business on the application for registration of secured transaction and the quantity of goods has increased compared with the initial description, the registration requester shall register the change with the procedures specified in Article 15 of this Circular”.

14. Adding Article 15a as follows:

 “Article 15a. Cases of new registration upon change of information on contents of secured transaction registered

1. Cases of new registration upon change of information on contents of secured transaction registered include:

a) Signing new security contract to add the secured property;

b) Changing the contract number and the time to sign the security contract;

2. The procedures for registration of secured transaction for cases specified in Clause 1 of this Article are done as stipulated in Article 13 of this Circular”.

15. Amending Clause 3, adding Clause 4 and 5 of Article 17 as follows:

“3. After receiving the deregistration application and the written request for deletion of notification, the person performing the registration shall perform work under the guidance in Clause 2, Article 13 of this Circular;

4. In case of deregistration but the information about one of the parties or the parties involved in secured transaction and the contract declared in the deregistration application is not consistent with the information stored in the database, the registration requester shall carry out the procedures for registration of change of contents registered at the same time with the procedures for deregistration of secured transaction;

The procedures for change of contents registered are carried out under the guidance in Article 15 of this Circular and the order and procedures for deregistration are carried out under the guidance in Clause 3 of this Article;

5. In case where the secured party requests the deletion of secured transactions registered, the registration requester shall submit one (01) dossier to request the deregistration for all those secured transactions. The dossier for deregistration includes:

5.1. Deregistration application;

5.2. Authorization document (if any);

5.3. List of number of applications in need of deregistration;

The order and procedures for deregistration are carried out under the guidance in Clause 3 of this Article”.

16. Adding Article 17a as follows:

 “Article 17a. Procedures for notification of mortgage of motor vehicles

In case where the registration requester has requested in writing the mortgage of motor vehicles and paid the fees to request the issue of copy of certificate of registration of secured transaction as stipulated in Article 12 of this Circular, the registration Center shall send the written notification of mortgage of motor vehicles (first registration, registration for change or deregistration) to the registration organ of ownership and property circulation right under the provisions in Article 10 of the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA after completing the registration of secured transaction”.

17. Amending Clause 1, annulling Point 3.1 and amending 3.2, Clause 3, Article 18 as follows:

“1. The registration requester shall send the registration application; the executor shall send the written notification of property distraint for judgment enforcement by email with attached data (image format). In case the registration application, the written notification of property distraint for judgment enforcement in the form of character data (text file format), the registration requester and the executor shall send additional text file format by email;

In case where the registration application and the written notification are subject to one of the cases of refusal specified in Article 10a, the person performing the registration shall refuse to register by email, the written notification and the guidance on registration for the registration requester shall comply with the regulations of law;

3.2. Returning the registration result under the provisions at Point 2.3, Clause 2, Article 13 of this Circular”;

18. Adding Article 18a as follows:

Article 18a. Storage of registration dossier of secured transaction, contract and notification of property distraint for judgment enforcement

1. The Registration Centers shall store the registration dossier of secured transaction, contract and notification of property distraint by way of electronic storage under the provisions of Decree No. 01/2013/ND-CP dated January 03, 2013 of the Government detailing the implementation of some articles of the Law on storage.

2. When the request for registration of secured transaction, contract and notification of property distraint directly, by email, fax or post, the officer in charge of storage shall make copies of all dossier on hard drive for backup in order of date, month and year and add symbol E (e), F (fax), B (post), T (direct) in the first row of number of registration applications for convenient management and lookup”.

19. Amending the Clause 1 and 2 of Article 19 as follows:

“1. Organizations and individuals have theright to request the registration Center to provide information about secured transaction, contract and distrained property from the database as a basis for providing any evidence of their rights and legitimate interests related to the secured property."

2. Executor has the right to request the provision of information about the property to be distrained before making a decision on distraint under the information searching criteria specified in Article 20 of this Circular before making a decision on distraint”.

20. Amending Clause 2 of Article 23 as follows:

“2. In case where the organizations and individuals have been recognized as regular customers before the effective date of this Circular, the Department National Secured Transaction Registration shall review, summarize and notify the regular customer code to the organizations and individuals for registration of secured transaction, contract and notification of distraint under the guidance of this Circular”.

Article 2. Amending and adding a number of articles of Circular No. 22/2010/TT-BTP dated December 06, 2010 of the Ministry of Justice guiding the registration, provision of online information of secured transaction, contract and notification of property distraint for judgment enforcement

1. Amending Article 1 as follows:

 “This Circular guides a number of issues on registration and provision of information about secured transaction, the purchase contract with deferred payment or installment payment with the retention of seller’s ownership, property lease contract, financial leasing contract and contracts to transfer debt claims; notification of property distraint for enforcement of judgment and provision of information about the distrained property through the online registration system of the Department National Secured Transaction Registration of the Ministry of Justice”.

2. Amending Point e, adding Point e1 and e2, Clause 2 of Article 2 as follows:

“e. Property right arising from copyrights and industrial property right, plant variety right; debt claim; right to compensation for any damage arising from the contract.

e1. Property rights arising from contracts and transactions of real estate in accordance with the provisions of Article 181 of the Civil Code 2005 and the provisions of Clause 3, Article 47 of Decree No. 83/2010/ND-CP dated July 23, 2010, particularly: the property right arising from housing sale and purchase contract, capital contribution contract to build housing, contract of housing business cooperation (including social housing) of the organizations and individuals purchasing from the real estate businesses under construction projects approved by the competent authority; property rights arising from the contract of sale, capital contribution, business cooperation of other assets attached to land; Property right arising from the contract of assignment, capital contribution contract, business cooperation contract, land use right lease contract associated with the infrastructure which the project investor has legally signed under regulations of law on housing; Accounts receivable, insurance entitlement and fees earned by investors during the investment process, business and development of housing construction project; The benefits gained from the business and use of value of right of land use or infrastructure on land (revenue of land lot or technical infrastructure on land); other property rights as prescribed by law.

e2. Property right arising from contract and transaction on airplane and ship in accordance with the provisions of Article 181 of the Civil Code 2005 and the provisions of Clause 1, Clause 2, Article 47 of Decree 83/2010/ND-CP dated July 23, 2010, particularly: property right arising from shipbuilding lease contract; Reimbursement and compensation right for any damage arising from the purchase contract of airplane, ship; insurance beneficiary right under insurance contract for airplane and ship; revenues gained from the operation of airplane or ship; other property rights as prescribed by law".

3. Amending Article 3 as follows:

 “Article 3. Cases of online registration of contract

The types of contract which are not the hire purchase contract of civil airplane under regulation of law on aviation, the hire purchase contract of foreign ship of Vietnamese organizations and individuals under the regulations on registration and sale and purchase of ship registered, particularly:

1. Purchase contract with deferred payment or installment payment may retain the seller’s ownership (hereafter collectively referred to as contract with deferred payment or installment payment) specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction (hereinafter referred to as Decree No. 163/2006/ND-CP);

2. Property lease contract with a term of one year or more specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP includes:

a) Contract with property lease term of one year or more;

b) Contracts with a property lease term of less than one year, but the contracting parties have agreed upon the renewal and total lease term (including the renewal) from a year or more;

3. Financial leasing contract under regulations of law on financial leasing;

4. Contract of debt claim transfer including the existing debt claim or debt claim constituted in the future;

5. Other types of contract not under the registration authority of ship registration organ and the Civil Aviation Administration of Vietnam under regulation of maritime law and aviation law. "

4. Amending Clause 2 of Article 5 as follows:

 “2. In case of registration for change due to mistakes on declaration of property or the name of securing party, the buyer, the financial leasing party, the party transferring the debt claim, the judgment debtor (hereafter referred to as securing party), the papers determining the legal status of the securing party; request for registration of additional property of which the parties have not signed new security contract; request for change of time to sign the security contract; adding the subsequent secured obligations in case where the parties have not agreed upon the secured obligations arising in the future at the time of signing of security contract, then the time of registration is determined under the provisions at Point c, Clause 2, Article 7 of Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transaction”.

5. Annulling Clauses 1, 2 and 3 and amending Clause 4 of Article 6 as follows:

“4. The online registration account is issued simultaneously with the issue of regular customer code under the procedures specified in Article 12a of this Circular. The Department National Secured Transaction Registration issues the Regulation on issues, management and use of regular customer code and the online registration account”.

6. Annulling Clause 2 and 3 of Article 7

7. Amending Article 8 as follows:

 “Article 8. In case of online registration without legal validity

1. The online registration without legal validity in the following cases:

a) The secured property is not under the registration authority of the Registration Center;

b) The declaration on the interface of application for online registration is not valid because the registration requester failed to fully or properly declare under the guidance on declaration specified in Article 14 of this Circular;

c) Description of secured property is not in accordance with the provisions in Clause 1, 2 and 3, Article 15 of this Circular;

d) The property declared on the online registration interface is not clear or the declaration is not done in Vietnamese language with accent marks leading to non-identification of secured property, except that the secured property has proper name in foreign language;

dd) The executor or the civil judgment enforcement has requested in writing to temporarily cease or cease the registration of secured property but the securing party is the judgment debtor as prescribed in Clause 1, Article 178 of the Law on civil judgment enforcement 2008;

e) Failure to describe the secured property in the field "Description of property” or field “Chassis number” on the registration interface but attach the files on secured property or other documents in section "Description of property”, except that the attached files are documents requiring the notification of mortgage of motor vehicles;

2. The registration Center refuses the receipt of written notification on mortgage, removal of mortgage of motor vehicle on the online registration system in case where the document requiring the notification of mortgage of motor vehicle has not fully declared information about the motor vehicle under the Form issued together with the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA dated November 05, 2013 of the Ministry of Justice, Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Public Security guiding the exchange and provision of information about the secured property between the secured transaction registration organ with the notary public institution, the civil judgment enforcement organ and the registration organ of ownership, use right and property circulation right (hereinafter referred to as the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA) ".

8. Annulling Point b and c, Clause 1, amending Point Article, Clause 1 and amending Clause 2 of Article 9 as follows:

“d) Payment of encashment order and payment order through the State Treasury or payment from the advanced amount paid into the account of the Registration Center;

The payment of fees of registration and provision of information by the method of encashment order and payment order is done with the notification of monthly payment. The customer must make full payment of monthly fees of registration and provision of information no later than the 28th date of the subsequent month;

2. The irregular customer shall make payment of fees of registration and provision of information by the method specified at Point a, Clause 1 of this Article”.

9. Amending Point a and annulling Point b, Clause 2, Article 12 as follows:

“a) If the organizations and individuals choose the method of payment specified at Point a, Clause 1, Article 9 of this Circular, they shall use the payment receipt number to access the online registration system ";

10. Amending Clause 1 and 2, adding Clauses 3, 4, 5 and 6 of Article 15 as follows:

“1. The registration requester and the executor notifying the property distraint for judgment enforcement must describe the property under instruction on the online registration interface, the written notification of property distraint for judgment enforcement via computer without any attached file on the secured property or other documentation files, except that the attached files are documents requiring the notification of mortgage of motor vehicles;

2. In case where the secured property is the road motor vehicles and these properties are not the goods circulated during the production and business or are not the goods formed in the future, the registration requester and executor notifying property distraint for judgment enforcement shall described correctly the chassis number of that motor vehicle on the field “Chassis number” on the interface of application for online registration. Each chassis number of motor vehicle is filled corresponding to an ordinal number box on the interface of application for online registration;

Where the chassis number of motor vehicles has special characters which cannot be entered in the field “Chassis number” on the interface of application for online registration (for example: *, # ...), the registration requester and executor notifying property distraint for judgment enforcement shall described correctly the chassis number (numbers, letters and special characters) in the field "Description of property” on the interface of application for online registration.

3. Where the description of property of  registration application and the written notification on handling the secured property, the registration requester only declares the property to be treated which has been described in the first  registration application (or registration for change of having that property) and correctly declares the number of registration applications;

4. Where the secured property is the goods circulated during the production and business, inventory, property rights, the registration requester may describe the property as follows:

a) Name of goods, types, quantity and address of warehouse or other information related to those goods in case where the secured property is the goods circulated during the production and business or inventory;

b) Specific name of property right and legal ground for generation of right, value in cash of property right (if any) or other information related to that property right in case where the secured property is the property right;

5. When registering the change of contents of mortgage registered in case of addition or partial withdrawal of secured property on the online registration system, the registration requester shall delete the part of property of the previous registration application in the field “Description of property” or the field “Chassis number” (for the property as the motor vehicle) and only describes the contents of information about the property to be changed on the interface of registration application and the written notification of property distraint for judgment enforcement;

6. When registering the change of contents of mortgage registered in case of change of information about the securing party and the secured party without any change of secured property on the online registration system, the registration requester only enters the changed information about the securing party or the secured party and delete all information about the property in the field “Description of property” and the field “Chassis number” (if any) and enters the information: “No change of secured property” in the field “Description of property” on the interface of application for online registration”.

11. Amending Clause 2 and 4 of Article 16 as follows:

 “2. Certificate of registration of secured transaction, contract and notification of property distraint for judgment enforcement with the certification of Registration Center and the details of registration application with the joint page stamp of the registration Center are sent by the registration Center to the registration requester and the executor by one of the ways specified in Article 19 of Decree No. 83/2010/ND-CP by the registration requester and the executor’s name and address stored in the database of secured transaction.”

“4. Certificate of registration of secured transaction, contract and notification of property distraint for judgment reinforcement or the copy of these papers issued by one of the registration Center with the same legal validity”.

12. Amending Clause 2 and adding Clause Clauses 3, 4 and 5 of Article 18 as follows:

“2. For cases of annulling the registration result, the registration Center shall not send the Certificate of registration of secured transaction, contract and notification of property distraint for judgment enforcement, but the written notification of registration result annulment by post to the registration requester and executor’s address stored in database on secured transaction;

3. Where the first registration application is subject to the annulment as stipulated in this Article, but then the organizations and individuals continue submit registration application for change of contents of the first registration application, the registration Center shall annul the contents of the first registration and register the changes simultaneously;

4. The registration requesters have the right to provide their email address for the registration Center to know about the result of registration of secured transaction, contract and notification of property distraint for judgment enforcement to be annulled before receiving the written notification of registration result annulment;

5. The registration Center shall notify the registration requester immediately of the annulment of result of registration of secured transaction, contract and notification of property distraint for judgment enforcement to the email address which the registration requester has provided”.

13. Adding Article 18a as follows:

 “Article 18a. Recovering data in case where the result of registration of secured transaction has not been annulled in accordance with the grounds as prescribed by law

1. When finding the result of registration of secured transaction has not been annulled in accordance with the grounds as prescribed by law, the registration requester has the right to request the registration Center to recover the result of registration of secured transaction annulled;

The written request for recovery of result of registration of secured transaction annulled is sent to the registration Center directly, by post, fax or email;

2. Within 01 day from the date of receiving the written request for recovery of result of registration of secured transaction annulled, the registration Center shall coordinate with the Division of database management on secured transaction to recover the registration data and issue the Certificate of registration of secured transaction to the registration requester if the annulment of result of registration of secured transaction has not been annulled in accordance with the grounds as prescribed by law

Upon the expiry of time limit specified in Clause 1 of this Article but the registration Center has not recovered the data of registration of secured transaction, the registration requester has the right to complain about the annulment of result of registration of secured transaction in order to be settled under the regulations of law on complaint;

3. Where the registration Center has annulled the result of registration not in accordance with the grounds as prescribed by law causing damage to the registration requester, it must make compensation for damage as prescribed by law”.

14. Adding Article 18b as follows:

 “Article 18b. Notification of mortgage of motor vehicles in case of online registration of secured transaction, contract and notification of property distraint for judgment reinforcement

Where the registration requester asks the registration Center to notify the mortgage of motor vehicle, he/she shall:

1. Send a written request for notification of mortgage of motor vehicle to the registration Center with attached data (image format) as stipulated in Clause 1, Article 15 of this Circular on the interface of online registration application;

2. After receiving the written request for notification of mortgage of motor vehicle, the registration Center shall send the notification of mortgage of motor vehicle to the registration organ of ownership, use right and property circulation right under the guidance in Article 10 of the Joint-Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA”.

15. Amending Clause 2, Article 19 as follows:

“2. Request for provision of information with certification of the registration Center as the grounds for proving the rights and legitimate interests of organizations and individuals related to the secured property”.

16. Adding Article 12a as follows:

 “Article 22a. Storage of dossiers for registration of secured transaction, contract and notification of distraint

1. Dossiers for registration of secured transaction, contract and notification of distraint shall be stored by the electronic method as stipulated in Decree No. 01/2013/ND-CP dated January 03, 2013 of the Government detailing the implementation of a number of articles of the Law on storage;

2. When the request for registration of secured transaction, contract and notification of distraint by the method of online registration has been settled, the officer in charge of storage shall make copies of all dossier on hard drive for backup in order of date, month and year and add symbol TT in the first row of number of registration applications for convenient management and lookup”.

17. Annulling Clause 1 of Article 24

Article 3. Implementation provision

1.This Circular takes effect on April 15, 2014;

2. Issuing together with this Circular the form of written request for recovering the result of registration of secured transaction;

3. Transitional provision

a) The registration Centers are responsible for receiving dossiers and settling request for registration of provision of information about secured transaction, contract and notification of property distraint for judgment enforcement within the administrative boundaries under the decision of Minister of Justice in order to best satisfy the requests of organizations and individuals and ensure the effective operation of registration system of secured transaction;

b) If not yet issued with the regular customer code and the online registration account, the organization and individuals shall comply with the procedures specified in this Circular;

4. Responsibility for implementation

a) The Department National Secured Transaction Registration is responsible for answer and guide the registration and provide information about secured transaction, contract and notification of property distraint for judgment enforcement directly, by post, fax, email or online method as stipulated in this Circular;

b) Any difficulty during the implementation should be promptly reported to the Ministry of Justice for review and settlement./.

 

 

 

FOR THE MINISTER
DEPUTY MINISTER




Dinh Trung Tung

 

FORM OF WRITTEN REQUEST FOR RECOVERY OF DATA ON REGISTRATION OF SECURED TRANSACTION ANNULLED

(Issued together with Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice)

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

To: Property transaction registration Center at……

In compliance with the provisions in Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice, seeing that the result of registration of secured transaction has been annulled not in accordance with the grounds as prescribed by law,

………………………….

Kindly request the distinguished Center to consider and recover the result of registration of secured transaction annulled, particularly as follows:

1. Name of registration requester: .............................................................................

2. Address: ................................................................................................................

3. Regular customer code: ........................................................................................

4. Contact telephone No.: .........................................................................................

5. Registration number of secured transaction annulled: .........................................

6. Written annulment of registration result No……dated…….of your distinguished Center.

Please accept our warmest thanks. We are looking to have your attention and coordination. 

 

 

……, date…. month ….. year ……..
REGISTRATION REQUESTER
(Signature and full name)

 


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Thuộc tính Văn bản pháp luật 08/2014/TT-BTP

Loại văn bảnThông tư
Số hiệu08/2014/TT-BTP
Cơ quan ban hành
Người ký
Ngày ban hành26/02/2014
Ngày hiệu lực15/04/2014
Ngày công báo...
Số công báo
Lĩnh vựcQuyền dân sự
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật5 năm trước

Download Văn bản pháp luật 08/2014/TT-BTP

Lược đồ Circular No. 08/2014/TT-BTP amending Circular No. 05/2011/TT-BTP No. 22/2010/TT-BTP


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        Circular No. 08/2014/TT-BTP amending Circular No. 05/2011/TT-BTP No. 22/2010/TT-BTP
        Loại văn bảnThông tư
        Số hiệu08/2014/TT-BTP
        Cơ quan ban hànhBộ Tư pháp
        Người kýĐinh Trung Tụng
        Ngày ban hành26/02/2014
        Ngày hiệu lực15/04/2014
        Ngày công báo...
        Số công báo
        Lĩnh vựcQuyền dân sự
        Tình trạng hiệu lựcCòn hiệu lực
        Cập nhật5 năm trước

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              Văn bản gốc Circular No. 08/2014/TT-BTP amending Circular No. 05/2011/TT-BTP No. 22/2010/TT-BTP

              Lịch sử hiệu lực Circular No. 08/2014/TT-BTP amending Circular No. 05/2011/TT-BTP No. 22/2010/TT-BTP