Circular No. 01/2019/TT-BTP guiding certain contents on registering security measures by aircraft and ships

CIRCULAR

Guidelines for certain contents ON REGISTRATION OF SECURITY INTERESTS aircraft and ships

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Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Certain Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to Decree No. 102/2017/NĐ-CP dated September 1, 2017 of the Government on registration of security measures;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the National Registration Agency for Security Interests;

The Minister of Justice issues the Circular guiding certain contents regarding registration of security measures with aircraft and ships.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides cases of registration and registration forms, providing information on security measures with aircraft and ships; declaring information on the application form and recording the content of security measures with aircraft and ships in the registration book.

 Article 2. Applicability

1. Vietnam Civil Aviation Authority.

2. Vietnam Maritime Administration or Branch Maritime Office, Port Maritime Office according to the classification of the Vietnam Maritime Administration (hereinafter referred to collectively as the Vietnamese Ship Registration Authority).

3. Individuals, legal entities as prescribed by law who request registration and provision of information on security measures with aircraft and ships.

4. Other individuals, legal entities related.

Article 3. Cases of registration security measures with aircraft and ships

1. Pledging aircraft, mortgaging aircraft; mortgaging ships.

2. Retention of ownership in the case of sale of aircraft and ships with retention of ownership.

3. Changing the content of security measures with aircraft and ships that have been registered.

4. Correcting errors in the content of security measures with aircraft and ships that have been registered due to the error of the registration authority.

5. Registering the notification document about the disposal of secured assets being aircraft and ships in the case of pledging or mortgaging already registered.

6. Canceling the registration of security measures with aircraft and ships.

Chapter II

DECLARATION OF INFORMATION ON THE APPLICATION FORM

AND RECORDING THE CONTENT OF REGISTRATION IN THE REGISTRATION BOOK

Article 4. Declaration of information on theapplication form for registration

1. Information about the guarantor, the beneficiary; the buyer of the asset, the seller of the asset in the case of sale of assets with retention of ownership shall be declared as follows:

a) For individuals: Full name, address, nationality, identification card number or citizen identity card number for Vietnamese citizens; Full name, address, nationality, passport number for foreigners; Full name, address, residence permit number for stateless persons residing in Vietnam;

b) For legal entities established under Vietnamese law with business registration or foreign investors: Name, address, tax code or Investment License or Investment Certificate or Investment Registration Certificate.

For legal entities established and operating under foreign law: Name, address registered with the competent foreign authority in Latin script or in English.

2. Information about the security agreement with aircraft and ships shall be declared as follows: Number of the security agreement (if any) and the date of signing (day, month, year) of the agreement.

3. Information about the registration of changes to the content of registered security measures, correction of errors in the content of registered security measures due to the error of the registration authority, registration of notification documents about the disposal of secured assets, cancellation of registration of security measures shall be declared as follows: Number of the Certificate of Registration of Security Measures issued.

4. The signing of the application form for registration shall be carried out as follows:

a) Must have signatures, seals (if any) of one of the parties participating in the security measure with aircraft or the parties participating in the security measure with ships or persons authorized by those parties, except in the case of canceling the registration of security measures with aircraft and ships;

b) In the case of canceling the registration of security measures with aircraft and ships, the application form for registration must have the signature of the beneficiary, the seller of the asset in the case of sale of assets with retention of ownership or the parties participating in the security measure. In the case where there is no signature of the beneficiary, the seller of the asset on the cancellation application form, the cancellation registration file must have a document agreeing to cancel the registration of the security measure from the beneficiary, the seller of the asset pursuant to point c clause 1 Article 29 of Decree No. 102/2017/ND-CP dated September 1, 2017 of the Government on registration of security measures (hereinafter referred to as Decree No. 102/2017/ND-CP);

c) Only the signature, seal (if any) of the beneficiary or person authorized by the beneficiary, the seller of the asset or person authorized by the seller of the asset in the case of sale of assets with retention of ownership for requests to register changes to the beneficiary, the seller of the asset; correcting errors in information about the beneficiary, the seller of the asset; requesting registration of notification documents about the disposal of secured assets;

d) Only the signature, seal (if any) of the Administrator, asset management company, liquidator who is the party requesting registration in the case where a business, cooperative has lost the ability to pay and lent assets to others but did not register the security measure.

Article 5. Recording the content of registering security measures by aircraft in the Aircraft Register of Vietnam

1. In cases of registering pledge of aircraft, mortgage of aircraft, registration of reservation of ownership rights in aircraft purchase contracts with reservation of ownership rights or aircraft purchase contracts accompanied by documents on reservation of ownership rights, the Civil Aviation Authority of Vietnam shall record the registration time (hour, minute, day, month, year), the name of the pledgor, mortgagor, buyer of the asset, the name of the pledgee, mortgagee, seller of the asset in the Aircraft Register of Vietnam.

2. In cases of registering changes to the content of registered security measures, the Civil Aviation Authority of Vietnam shall record in the Aircraft Register of Vietnam as follows:

a) Record the time of change registration (hour, minute, day, month, year);

b) In case of changing one of the parties or the parties who signed the aircraft pledge contract, aircraft mortgage contract, aircraft purchase contract with ownership reservation clause, or aircraft purchase contract accompanied by documents on reservation of ownership rights, record "Change the pledgor, mortgagor, buyer of the asset (or pledgee, mortgagee, seller of the asset) to new pledgor, mortgagor, buyer of the asset (or pledgee, mortgagee, seller of the asset) is... (record the name of the newly changed party) according to the Request for Registration of Change in Security Measures by Aircraft already registered on day, month, year";

c) In case of changing the name of one of the parties or the parties who signed the aircraft pledge contract, aircraft mortgage contract, aircraft purchase contract with ownership reservation clause, or aircraft purchase contract accompanied by documents on reservation of ownership rights, record "Change the name of the pledgor, mortgagor, buyer of the asset (or pledgee, mortgagee, seller of the asset) to new name is... (record the name of the newly changed party) according to the Request for Registration of Change in Security Measures by Aircraft already registered on day, month, year";

d) In case of reducing pledged assets, mortgaged assets, reserved ownership assets as aircraft, record "Reduce pledged assets, mortgaged assets, reserved ownership assets as... (record information about the reduced assets); remaining pledged assets, mortgaged assets, reserved ownership assets are... (record the content of information about remaining assets) according to the Request for Registration of Change in Security Measures by Aircraft already registered on day, month, year";

đ) In case of adding pledged assets, mortgaged assets, reserved ownership assets as aircraft, record "Add pledged assets, mortgaged assets, reserved ownership assets as... (record information about the added assets) according to the Request for Registration of Change in Security Measures by Aircraft already registered on day, month, year";

e) In case of replacing pledged assets, mortgaged assets, reserved ownership assets as aircraft, the Civil Aviation Authority of Vietnam shall guide the applicant to submit the application, perform the procedures to cancel the registration of security measures by aircraft as stipulated in Article 29 and Article 30 of Decree No. 102/2017/ND-CP and submit the application, perform the procedures to register pledge of aircraft, mortgage of aircraft, registration of reservation of ownership rights in aircraft as stipulated in Articles 24, 25, and 30 of Decree No. 102/2017/ND-CP.

3. In cases of registering notification documents regarding the disposal of pledged assets, mortgaged assets as aircraft that have been registered, the Civil Aviation Authority of Vietnam shall record the registration content in the Aircraft Register of Vietnam as follows:

a) Record the registration time (hour, minute, day, month, year);

b) Record "There is a notification document regarding the disposal of... (record the name of the asset to be disposed) pledged, mortgaged with... (record the name of the pledgee, mortgagee) according to the Request for Registration of Notification Document on Disposal of Pledged Aircraft Assets, Mortgaged Aircraft Assets on day, month, year".

4. In cases of canceling the registration of security measures, the Civil Aviation Authority of Vietnam shall record the content in the Aircraft Register of Vietnam as follows:

Record the cancellation time (hour, minute, day, month, year) and record "Cancel the registration of security measures by aircraft between... (record the name of the pledgor, mortgagor, or buyer of the asset) and... (record the name of the pledgee, mortgagee, or seller of the asset) according to the Request for Cancellation of Registration of Security Measures by Aircraft on day, month, year".

Article 6. Record the content of registration of security measures by ship in the National Ship Registration Book of Vietnam

1. In cases of registering ship mortgage, registering retention of ownership of ships in cases of ship sale with retention of ownership or ship purchase contracts accompanied by documents on retention of ship ownership, the Vietnamese Ship Registration Authority shall record the registration content according to the guidance in the National Ship Registration Book of Vietnam as follows:

a) Record the registration time (hour, minute, day, month, year);

b) Record "Ship mortgage between... (name of mortgagor) and... (name of mortgagee) pursuant to the mortgage contract or credit agreement (in case the mortgage is recorded in the credit agreement) or other document on ship mortgage number... (if any), date, month, year";

c) Record "Retention of ship ownership between... (name of buyer) and... (name of seller) pursuant to the purchase contract containing retention of ownership clause or purchase contract accompanied by document on retention of ship ownership number... (if any), date, month, year".

2. In cases of registering changes to the content of registered security measures, the Vietnamese Ship Registration Authority shall record the changed registration content in the National Ship Registration Book of Vietnam as follows:

a) Record the registration time (hour, minute, day, month, year);

b) In cases where one of the parties or all parties signing the ship mortgage contract, purchase contract with retention of ownership clause, or purchase contract accompanied by document on retention of ship ownership change, record "Change mortgagor, buyer (or mortgagee, seller) to new mortgagor, new buyer (or new mortgagee, new seller) is... (name of new party) pursuant to the Request for Registration Change of Security Measures by Ship already registered on date, month, year";

c) In cases where the name of one of the parties or all parties signing the ship mortgage contract, purchase contract with retention of ownership clause, or purchase contract accompanied by document on retention of ship ownership changes, record "Change name of mortgagor, buyer (or mortgagee, seller) to new name is... (name of new party) pursuant to the Request for Registration Change of Security Measures by Ship already registered on date, month, year";

d) In cases where part of the mortgaged property or retained ownership property is withdrawn, record "Withdraw part of mortgaged property, retained ownership property is... (information about withdrawn property); remaining mortgaged property, retained ownership property is... (information about remaining property) pursuant to the Request for Registration Change of Security Measures by Ship already registered on date, month, year";

đ) In cases where additional mortgaged property or retained ownership property is added, record "Add mortgaged property, retained ownership property is... (information about added property) pursuant to the Request for Registration Change of Security Measures by Ship already registered on date, month, year";

e) In cases where mortgaged property or retained ownership property is replaced, the Vietnamese Ship Registration Authority shall guide the person requesting registration to submit the application and follow the procedures to cancel the registration of security measures by ship as stipulated in Articles 37 and 38 of Decree No. 102/2017/NĐ-CP and submit the application and follow the procedures to register ship mortgage, register retention of ownership in cases of ship sale with retention of ownership as stipulated in Articles 32, 33, and 38 of Decree No. 102/2017/NĐ-CP.

3. In cases of registering notification documents regarding the disposal of mortgaged property which is a ship that has been registered, the Vietnamese Ship Registration Authority shall record the registration content in the National Ship Registration Book of Vietnam as follows: Record the registration time (hour, minute, day, month, year) and record "Register notification document regarding the disposal of... (name of property to be disposed) mortgaged with... (name of mortgagee) pursuant to the Request for Registration on date, month, year".

4. In cases of cancelling registration of security measures, the Vietnamese Ship Registration Authority shall record the cancellation registration content in the National Ship Registration Book of Vietnam as follows: Record the cancellation time (hour, minute, day, month, year); record "Cancel registration of security measure by ship between... (name of mortgagor or buyer) and... (name of mortgagee or seller) pursuant to the Request for Cancellation of Registration of Security Measure by Ship on date, month, year".

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from March 3, 2019.

2. Along with this Circular, the following forms related to registration and provision of information on security measures by aircraft are promulgated:

a) Appendix 01: Request for Registration of Security Measures by Aircraft;

b) Appendix 02: Certificate of Registration of Security Measures by Aircraft;

c) Appendix 03: Request for Registration Change of Content of Registered Security Measures by Aircraft;

d) Appendix 04: List of Registered Aircraft Security Contracts;

đ) Appendix 05: Certificate of Registration Change of Content of Registered Security Measures by Aircraft;

e) Appendix 06: Request for Correction of Errors in Registration of Security Measures by Aircraft;

g) Appendix 07: Request for Registration of Notification Documents Regarding Disposal of Secured Property Which Is an Aircraft;

h) Appendix 08: Certificate of Registration of Notification Documents Regarding Disposal of Secured Property Which Is an Aircraft;

i) Appendix 09: Request for Cancellation of Registration of Security Measures by Aircraft;

k) Appendix 10: Certificate of Cancellation of Registration of Security Measures by Aircraft;

l) Appendix 11: Request for Provision of Information on Security Measures by Aircraft.

3. Along with this Circular, the following forms related to registration and provision of information on security measures by ship are promulgated:

a) Appendix 01: Request for Registration of Security Measures by Ship;

b) Appendix 02: Certificate of Registration of Security Measures by Ship;

c) Appendix 03: Request for Registration Change of Content of Registered Security Measures by Ship;

d) Appendix 04: List of Registered Ship Security Contracts;

đ) Appendix 05: Certificate of Registration Change of Content of Registered Security Measures by Ship;

e) Appendix 06: Request for Correction of Errors in Registration of Security Measures by Ship;

g) Annex 07: Request Form for Registration of Notification Documents Regarding the Disposal of Vessel Security Assets;

h) Annex 08: Certificate of Registration of Notification Documents Regarding the Disposal of Vessel Security Assets;

i) Annex 09: Request Form for Deletion of Registration of Vessel Security Measures;

k) Annex 10: Certificate of Deletion of Registration of Vessel Security Measures;

l) Annex 11: Request Form for Provision of Information on Vessel Security Measures.

4. This Circular replaces Joint Circular No. 02/2012/TTLT-BTP-BGTVT dated March 30, 2012 of the Minister of Justice and the Minister of Transport guiding the registration and provision of information on aircraft pledges, aircraft mortgages, and vessel mortgages.

Article 81. For applications and files received by competent authorities before the date this Circular takes effect but not yet resolved, such authorities shall continue to process them according to the laws applicable at the time of receipt.

1. In cases where security transactions involving aircraft or vessels have been registered before this Circular takes effect and remain valid, the party requesting registration shall not be required to re-register the security measures according to the provisions of this Circular.

2. In cases where the party requesting registration submits applications for registration and provision of information on aircraft pledges, aircraft mortgages, and vessel mortgages before this Circular takes effect but the applications have not yet been processed, the registration authority shall proceed with the registration and provision of information according to the procedures stipulated in this Circular.

3. In cases where the party requesting registration has registered aircraft pledges, aircraft mortgages, and vessel mortgages in accordance with the law before this Circular takes effect, and subsequently requests changes to the content of the registered security measures, corrections to errors in the content of the registered security measures due to mistakes by the registration authority, registration of notification documents regarding the disposal of assets secured under the registered measures, or deletion of the registration of security measures from the date this Circular takes effect, such actions shall be carried out in accordance with the provisions of this Circular.

Article 9. Organization a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

1. The Ministry of Justice, the Ministry of Transport, the Civil Aviation Administration of Vietnam, the Vietnam Ship Registry Authority, and related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if there are difficulties or obstacles, the Civil Aviation Administration of Vietnam, the Vietnam Ship Registry Authority, and related organizations and individuals are requested to promptly report them to the Ministry of Justice for study and resolution./.