Thông tư 11/2015/TT-BTP

CIRCULAR

AMENDING TO A NUMBER OF ARTICLES OF CIRCULAR No. 08/2014/TT-BTP DATED FEBRUARY 26^th 2014 BY THE MINISTRY OF JUSTICE AMENDING TO A NUMBER OF ARTICLES OF CIRCULAR No. 05/2011/TT-BTP DATED FEBRUARY 16^th 2011 BY THE MINISTRY OF JUSTICE GUIDING A NUMBER OF ARTICLES ON REGISTRATION AND PROVISION OF INFORMATION ABOUT SECURED TRANSACTIONS, CONTRACTS, NOTIFICATION OF PROPERTY DISTRAINT FOR JUDGMENT ENFORCEMENT UNDER THE DIRECT METHOD, BY POST/FAX/E-MAIL AT THE PROPERTY TRANSACTION REGISTRATION CENTER OF THE DEPARTMENT OF NATIONAL SECURED TRANSACTION REGISTRATION OF THE MINISTRY OF JUSTICE AND CIRCULAR No. 22/2010/TT-BTP DATED DECEMBER 06^th 2010 BY 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^th 2005;

Pursuant to the Law on Electronic transaction dated November 29^th 2005;

Pursuant to the Law on Enforcement of Civil Judgment dated November 14^th 2008;

Pursuant to Law on amendments to the Law on Enforcement of Civil Judgment dated November 25^th 2014;

Pursuant to Decree No. 163/2006/ND-CP dated December 29^th 2006 by the Government on secured transactions;

Pursuant to Decree No. 83/2010/ND-CP dated July 23^rd 2010 by the Government on registration of secured transactions;

Pursuant to Decree No. 11/2012/ND-CP dated February 22^nd 2012 by the Government on amendments to a number of articles of Decree No. 163/2006/ND-CP dated December 29^th 2006 by the Government on secured transactions;

Pursuant to Decree No. 39/2014/ND-CP dated May 07^th 2014 by the Government on activities of financial companies and financial leasing company;

Pursuant to Decree No. 55/2015/ND-CP dated June 09^th 2015 by the Government on the credit policy for agriculture and rural development;

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

At the request of Director of Department of National Secured Transaction Registration,

The Minister of Justice promulgates the Circular amending to a number of articles of Circular No. 08/2014/TT-BTP dated February 26th 2014 by the Ministry of Justice amending to a number of articles of Circular No. 05/2011/TT-BTP dated February 16th 2011 by the Ministry of Justice guiding a number of articles on registration and provision of information about secured transactions, contracts, notification of property distraint for judgment enforcement under the direct method, by post/fax/e-mail at the property transaction registration center of the Department of National Secured Transaction Registration of the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 06th 2010 by the Ministry of Justice guiding the registration and provision of online information on secured transaction, contract and notification of property distraint for judgment enforcement (hereinafter referred to as Circular No. 08/2014/TT-BTP).

Article 1. Circular No. 08/2014/TT-BTP is amended as follows:

1. Clause 3 Article 1 is added as follows:

Clause 1a Article 4 is added as follows:

“1a. Registration Center shall be in charge of the registration and provision of information about secured transactions, contract and notification of property distraint for judgment enforcement at the request of individual/organizations nationwide, regardless of administrative division the place where the Office of Registration Center is located.

Individuals/organizations may choose any of Registration Center to register and provide information about secured transactions, contract and notification about the property distraint for judgment enforcement".

2. Clause 8 Article 1 is amended as follows:

a) Point g Clause 1 Article 10a is amended as follows:

“g) The applicant for registration is any organizations/individual using their own regular customer codes and online registration account to register for secured transactions that are set up by another organization/individual or using regular customer code and online registration account of another organization/individual to register for secured transactions that they themselves set up”.

b) Point i Clause 1 Article 10a is added as follows:

“i) At least 02 contracts/transactions or time of conclusion of at least 02 contracts/transactions shall be enumerate in section “Number of secured transactions/contracts” on the Application for registration”.

3. Clause 10 Article 1 is amended as follows:

a) Clause 1 Article 12a is amended as follows:

“1. Any organization/individual shall be issued a regular customer code and an online registration account to register for the secured transaction they set up.

Any organization/individual applying for regular customer code shall submit one (01) application directly or by post to Department of National Secured Transaction Registration - the Ministry of Justice.

An application for regular customer code shall include:

a) An application form for registration of regular customer (01 original copy);

b) Any of papers identifying legal status issued by a competent agency including: ID card (according to legislation on ID card), applicable to individuals; the Certificate of Enterprise registration, the Certificate of registration of operation of branches/representative offices according to legislation on enterprise, the Establishment and Operation License, the investment license, the Investment certificate, the certificate of registration of investment according to legislation on investment (applicable to unexpired investment projects) or the Establishment Decision (applicable to organizations) (01 certified true copy or 01 photocopy enclosed with the original copy for comparison)”.

b) Article 12b is annulled.

c) Article 12g is added as follows:

“Article 12g. Proving papers for cases in which fees for registration of secured transactions are not required

1. Papers proving that the mortgagor is an individual/household eligible for exemption from fees for registration of secured transactions prescribed in Decree No. 55/2015/ND-CP dated June 09^th 2015 by the Government on credit policy for agriculture and rural development (hereinafter referred to as Decree No. 55/2015/ND-CP) include:

a) The mortgage contract or the credit contract containing provisions about that the individual/household requests loan for an activity serving agriculture and rural development (01 original copy or 01 certified true copy);

a) A written verification (bearing signature and seal) of the credit institution about that the individual/household requests loan for an activity serving agriculture and rural development (01 original copy or 01 certified true copy).

2. If the applicant for registration submits the application for registration directly or by post, any of papers specified in clause 1 of this Article shall be included.

If the applicant for registration submits the application by e-mail or fax, when the result of registration is received, the applicant shall submit directly or by post any of papers specified in clause 1 of this Article enclosed with the photocopy of the Certificate of registration of secured transactions, contracts and notification of the property distraint for judgment enforcement to enjoy exemption from fees.

3. If the Registration Center discovers that the proving papers specified in clause 1 of this Article is forged, erased or tore, then the Registration Center shall collect fees for registration of secured transactions according to law provisions.

4. Clause 7 Article 2 is amended as follows:

a) Point e Clause 1 Article 8 is amended as follows:

“e) The applicant fails to describe fully the secured property in the field “Description of property” or the field “Chassis number” on the registration interface but attach on the field “PDF enclosures” files about the secured property or other documentary files, unless the enclosure is the application for notification of mortgage of a motor vehicle”.

b) Points g and h Clause 1 Article 8 are amended as follows:

“g) The applicant enumerates 02 numbers of contract/transaction or more or time of conclusion of 02 contract/transaction or more to the field "Number of contracts" on the online application interface".

“h) The applicant for registration is an organization/individual using regular customer code and their own online registration account to register for secured transactions set up by another organization/individual or use the regular customer code and online registration account of another organization/individual to register for secured transactions that they set up”.

5. Clause 9 Article 2 is added as follows:

Clauses 2a, 2b and 2c Article 12 is added as follows:

2a. Papers proving that the mortgagor is an individual/household not required to pay fees for registration of secured transactions according to regulations in Decree No. 55/2015/ND-CP include:

a) The mortgage contract or the credit contract containing provisions about that the individual/household requests loan for an activity serving agriculture and rural development (01 original copy or 01 certified true copy);

a) A written verification (bearing signature and seal) of the credit institution about that the individual/household requests loan for an activity serving agriculture and rural development (01 original copy or 01 certified true copy).

2b. When the result of registration is received, the applicant shall submit directly or by post any of papers specified in clause 2a of this Article enclosed with the photocopy of the Certificate of registration of secured transactions, contracts and notification of the property distraint for judgment enforcement to enjoy exemption from fees.

2c. If the Registration Center discovers that the proving papers specified in clause 2a of this Article is forged, erased or tore, then the Registration Center shall collect fees for registration of secured transactions according to law provisions.

6. Clause 10 Article 2 is amended as follows:

Clause 2 Article 15 is amended as follows:

“2. If the secured property is a motor vehicle and such property is not goods circulated during the production/trade or are not property that is being formed, then the applicant for registration and the executor notifying the property distraint for judgment enforcement and the person in charge of registration shall input exactly the chassis number of such motor vehicle in the field “Chassis number” on the online application interface. Each digit of the chassis number of the motor vehicle shall be put in one box on the online application for registration.

If the chassis number of the motor vehicle contains special characters (ex.: *; #, etc.), then the applicant and the executor notifying the property distraint for judgment enforcement and the person in charge of registration shall input fully the chassis number (including the special characters) in the field “Description of property” on the interface of online application for registration and the chassis number excluding the special characters in the field “Chassis number” on the interface of online application for registration”.

7. Point a clause 3 Article 3 Circular No. 08/2014/TT-BTP is annulled.

Article 2. Implementary clause

1. This Circular comes into effect from October 15^th 2015.

2. If an organization/individual using regular customer code and online application account of another organization/individual to register for the secured transactions they set up before the effect of this Circular that applies for modification or applies for notification of handling of secured property, elimination of mistakes or deregistration, then such organization/individual shall apply for registration of regular customer at Department of National Secured Transaction Registration - the Ministry of Justice and use the issued regular customer code and online account to apply for modification and notification about the use of secured property, elimination of mistakes or deregistration according to the laws.

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