Joint Circular No. 02/2012/TTLT-BTP-BGTVT guides the registration and provision of information on aircraft pledges and mortgages, and ship mortgages.

 

JOINT CIRCULAR

Guidelines for registering and providing information on aircraft pledges, aircraft mortgages, and ship mortgages

mortgage of aircraft, mortgage of ships

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Based on the Civil Code dated June 14, 2005;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to Decree No. 163/2006/NĐ-CP dated December 29, 2006, issued by the Government, concerning security interests;

Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

The Ministry of Justice and the Ministry of Transport hereby jointly issue guidelines for registering and providing information on aircraft pledges, aircraft mortgages, and ship mortgages as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These guidelines provide guidance on registering and providing information on aircraft pledges and aircraft mortgages at the Civil Aviation Authority of Vietnam and on registering and providing information on ship mortgages at the ship registration authority in the relevant region.

Article 2. Cases for registering aircraft pledges, aircraft mortgages, and ship mortgages

The cases for registering aircraft pledges, aircraft mortgages, and ship mortgages shall be carried out in accordance with these guidelines, including:

1. Aircraft pledges, aircraft mortgages, and ship mortgages;

2. Changing the contents of registered aircraft pledges, aircraft mortgages, and ship mortgages;

3. Correcting errors in the registration of aircraft pledges, aircraft mortgages, and ship mortgages;

4. Registering notices regarding the disposal of collateral assets being aircraft or ships where pledges or mortgages have been registered;

5. Canceling registrations of aircraft pledges, aircraft mortgages, and ship mortgages.

Article 3. Aircraft and ships subject to pledges and mortgages

1. Aircraft.

2. Vietnamese ships include:

a) Ships registered without a time limit;

b) Ships registered with a time limit;

c) Ships under construction;

d) Ships temporarily registered.

Article 4. Principles for registering and providing information on aircraft pledges, aircraft mortgages, and ship mortgages

1. The person requesting registration or information provision must declare the registration application form and the request for information, and bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the registration application form and the information request form.

2. Aircraft pledges, aircraft mortgages, and ship mortgages shall be registered based on the declaration content of the person requesting registration in the registration request form, the documents in the registration file, and in accordance with the information retained in the Vietnamese Aircraft Register or the Vietnamese National Ship Register in the relevant region.

Article 5. Duties, powers, and responsibilities of agencies in the registration and information provision activities for aircraft pledges, aircraft mortgages, and ship mortgages

1. The Civil Aviation Authority of Vietnam and the ship registration authority in the relevant region shall perform their duties and powers as prescribed in Article 48 of Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions (hereinafter referred to as Decree No. 83/2010/NĐ-CP).

2. The Civil Aviation Authority of Vietnam and the ship registration authority in the relevant region shall have the following responsibilities:

a) Ensuring that the content of aircraft pledges, aircraft mortgages, and ship mortgages registration is consistent with the information in the Vietnamese Aircraft Register or the Vietnamese National Ship Register in the relevant region;

b) Providing accurate information about aircraft pledges, aircraft mortgages, and ship mortgages stored in the Vietnamese Aircraft Register or the Vietnamese National Ship Register in the relevant region.

3. Responsibility for submitting six-monthly and annual reports on the registration and information provision activities for aircraft pledges, aircraft mortgages, and ship mortgages

a) The Civil Aviation Authority of Vietnam and the ship registration authority in the relevant region shall be responsible for reporting to the Ministry of Transport on the registration and information provision activities for aircraft pledges, aircraft mortgages, and ship mortgages.

b) The Ministry of Transport shall be responsible for sending the report on the registration and information provision activities for aircraft pledges, aircraft mortgages, and ship mortgages to the Ministry of Justice (the focal point is the National Registration Agency for Secured Transactions) for consolidation and reporting to the Government no later than 25 days from the end of the reporting period.

4. Reporting periods are determined as follows:

a) For six-monthly reports, the data collection period runs from October 1 of the previous year to March 31 of the following year;

b) For annual reports, the data collection period runs from October 1 of the previous year to September 30 of the following year.

Article 6. Persons requesting registration and information provision

1. The person requesting registration is one of the parties to the pledge contract or mortgage contract or a person authorized by one of the subjects.

2. In the case of changing one of the parties to the pledge contract or mortgage contract, the new guarantor or the new beneficiary may also be the person requesting the change registration.

3. Individuals and organizations have the right to request information on aircraft pledges, aircraft mortgages, and ship mortgages.

Article 7. Declaration of information about the parties in the Application for Registration of Pledge and Mortgage

1. Information about the parties shall be declared as follows:

a) Identity card for Vietnamese citizens;

b) Passport for foreign individuals;

c) Permanent residence card for stateless persons residing in Vietnam;

d) Business registration certificate or Enterprise registration certificate or Decision on establishment or Investment license for organizations established under Vietnamese law with business registration or foreign investors.

2. For organizations established and operating under foreign laws, the name registered with the competent foreign authority shall be declared. In cases where the organization's registered name is not in Latin script, the trading name in English shall be declared.

Article 8. Time of registration of aircraft pledge, aircraft mortgage, ship mortgage and validity period of aircraft pledge, aircraft mortgage, ship mortgage registration

1. The time of registration of aircraft pledge, aircraft mortgage, ship mortgage shall be determined as follows:

a) The time of registration of aircraft pledge, aircraft mortgage, ship mortgage is the time when information about aircraft pledge, aircraft mortgage, ship mortgage is recorded in the Aircraft Register of Vietnam or National Ship Register of Vietnam at the relevant area.

b) In cases of registration changes due to additional secured assets being aircraft or ships, the time of registration of aircraft pledge, aircraft mortgage, ship mortgage is the time when the content of the application for change registration is recorded in the Aircraft Register of Vietnam or National Ship Register of Vietnam at the relevant area.

c) In cases of registration changes of other previously registered contents, or requests for corrections due to errors made by the registrant, the time of registration of aircraft pledge, aircraft mortgage, ship mortgage is the initial registration time.

2. The time when the registration authority receives the application file is the basis for determining the order of recording information in the Aircraft Register of Vietnam or National Ship Register of Vietnam at the relevant area.

3. The validity period of aircraft pledge, aircraft mortgage, ship mortgage registration is calculated from the time when the information about aircraft pledge, aircraft mortgage, ship mortgage is recorded in the Aircraft Register of Vietnam, National Ship Register of Vietnam at the relevant area until the time of cancellation of aircraft pledge, aircraft mortgage, ship mortgage registration.

Article 9. Documents in the application file for registration

1. If there are documents in the application file in a foreign language, they must be translated into Vietnamese and legalized according to the provisions of the law.

2. The application for registration must have the signature, seal (if any) of the organization or individual requesting registration.

3. The application for cancellation of pledge and mortgage registration must have full signatures, seals (if any) of the parties signing the pledge contract, mortgage contract or the authorized person.

In cases where the application for cancellation of pledge and mortgage registration only has the signatures, seals (if any) of the mortgagor, pledgee, there must be a document agreeing to cancel the registration from the mortgagee, pledgee or a document proving that the secured obligation has been extinguished.

4. The application for registration only requires the signature of the Head of the Asset Management and Liquidation Team in cases where the Head of the Asset Management and Liquidation Team of the enterprise in bankruptcy status is the person requesting registration.

Article 10. Methods and Locations for Submitting Aircraft Pledge and Mortgage Registration Applications

The application files may be submitted directly or sent via postal service to the headquarters of the Civil Aviation Authority of Vietnam in cases of aircraft pledge registration and aircraft mortgage registration, or to the maritime registration authority in the region where the vessel is registered in cases of vessel mortgage registration.

Chapter II

APPLICATIONS AND PROCEDURES FOR REGISTRATION OF AIRCRAFT PLEDGE,

AIRCRAFT MORTGAGE

Article 11. Application Files for Aircraft Pledge and Mortgage Registration

1. A request form for aircraft pledge and mortgage registration according to Appendix 01 issued together with this Circular (one original copy);

2. The aircraft pledge and mortgage contract (one original copy);

3. Power of attorney in case the applicant is an authorized representative (one certified copy or one copy accompanied by the original for verification).

Article 12. Procedures for Aircraft Pledge and Mortgage Registration

1. The applicant submits one set of aircraft pledge and mortgage registration application files to the location and in accordance with the methods specified in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the application file against the information recorded in the Vietnamese Aircraft Register;

b) Record the registration time (hour, minute, day, month, year), and record the details of the aircraft pledge and mortgage registration according to the instructions in the Vietnamese Aircraft Register;

c) Record the registration time (hour, minute, day, month, year) at point 11, record the name of the pledgor and mortgagor at point 7, and the name of the pledgee and mortgagee at point 8, Section I, Appendix II of the Vietnamese Aircraft Register;

d) Issue a Certificate of Aircraft Pledge and Mortgage Registration according to Appendix 02 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of payment of financial obligations.

3. In cases where the application file falls under one of the refusal conditions specified in Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the Civil Aviation Authority of Vietnam will refuse registration in writing (specifying the reasons for refusal), return the registration application file, and guide the applicant to comply with the relevant laws.

Article 13. Application Files for Changing the Content of Registered Aircraft Pledge and Mortgage

When there is one of the grounds specified in Article 12 of Decree No. 83/2010/ND-CP, the applicant for change shall submit one set of application files for changing the content of registered aircraft pledge and mortgage including:

1. A request form for changing the content of registered aircraft pledge and mortgage according to Appendix 03 issued together with this Circular (one original copy);

2. An amended and supplemented aircraft pledge and mortgage contract (one original copy) or a document proving the changed content (one original copy or one certified copy);

3. The Certificate of Aircraft Pledge and Mortgage Registration already issued (one original copy);

4. A list of registered aircraft pledge and mortgage contracts according to the model specified in Appendix 04 issued together with this Circular (one original copy) in cases of changing the name of the pledgee or mortgagee or changing the pledgee or mortgagee in multiple secured transactions that have been registered;

5. Power of attorney in case the applicant is an authorized representative (one certified copy or one copy accompanied by the original for verification).

Article 14. Procedures for Changing the Content of Registered Aircraft Pledge and Mortgage

1. The applicant submits one set of application files for changing the content of registered aircraft pledge and mortgage to the location and in accordance with the methods specified in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the application file against the information recorded in the Vietnamese Aircraft Register;

b) Record the time of change registration (hour, minute, day, month, year) and the following contents in point 15, Section I, Appendix II of the Vietnamese Aircraft Register as follows:

In cases of changing one of the parties or all parties signing the aircraft pledge and mortgage contract, record "Change the pledgor/mortgagor (or pledgee/mortgagee) to new pledgor/mortgagor (or pledgee/mortgagee) named ... (record the name of the new party) according to the Request Form for Changing the Content of Registered Aircraft Pledge and Mortgage dated ... / ... / ...";

In cases of changing the name of one of the parties or all parties signing the aircraft pledge and mortgage contract, record "Change the name of the pledgor/mortgagor (or pledgee/mortgagee) to new name ... (record the new name) according to the Request Form for Changing the Content of Registered Aircraft Pledge and Mortgage dated ... / ... / ...";

In cases of reducing pledged or mortgaged aircraft assets, record "Reduce pledged or mortgaged aircraft assets as ... (record information about the reduced assets); remaining pledged or mortgaged assets are ... (record information about remaining assets) according to the Request Form for Changing the Content of Registered Aircraft Pledge and Mortgage dated ... / ... / ...";

In cases of adding pledged or mortgaged aircraft assets, record "Add pledged or mortgaged aircraft assets as ... (record information about added assets) according to the Request Form for Changing the Content of Registered Aircraft Pledge and Mortgage dated ... / ... / ...";

In cases of replacing pledged or mortgaged aircraft assets, the Civil Aviation Authority of Vietnam guides the applicant to submit the application file and follow the procedures for canceling the aircraft pledge and mortgage registration as stipulated in Articles 19 and 20, and follow the procedures for registering secured transactions as stipulated in Articles 11 and 12 of this Circular;

c) Revoke the Certificate of Aircraft Pledge and Mortgage Registration already issued;

d) Issue a Certificate of Change in the Content of Registered Aircraft Pledge and Mortgage according to Appendix 05 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of payment of financial obligations.

3. In case the application file for registration of change falls within one of the refusal cases stipulated in Clause 1, Article 11 of Decree No. 83/2010/NĐ-CP, the Civil Aviation Authority of Vietnam shall refuse it in writing (specifying the reasons for refusal), return the registration file, and guide the applicant to comply with the relevant laws.

Article 15. File for correcting errors in aircraft mortgage and pledge registration

1. Application form for correcting errors in aircraft mortgage and pledge registration according to Appendix 06 issued together with this Circular (one original copy);

2. Certificate of aircraft mortgage and pledge registration issued by the registration authority containing errors (one original copy);

3. Power of attorney in case the applicant is an authorized person (one certified copy or one copy accompanied by the original for verification).

Article 16. Procedure for correcting errors in aircraft mortgage and pledge registration due to the registrant's mistake

1. In case the registrant discovers errors in the Aircraft Register or the Certificate of Registration, the registrant shall perform the following tasks:

a) Correct the erroneous information regarding the aircraft mortgage and pledge registration in the Aircraft Register after reporting and obtaining the approval of the Director of the Civil Aviation Authority of Vietnam;

b) In case there are errors on the Certificate of Registration of aircraft mortgage and pledge, notify the applicant to retrieve the issued Certificate of Registration of aircraft mortgage and pledge and issue a new Certificate of Registration of aircraft mortgage and pledge to the applicant at the address stated on the Application Form for Registration.

2. In case the applicant discovers errors in the registered content, the correction procedure shall be carried out as follows:

a) The applicant submits one set of the application file for correcting errors in the registered content to the Civil Aviation Authority of Vietnam;

b) Within the time limit for handling the file as prescribed in Article 18 of Decree No. 83/2010/NĐ-CP, the registrant performs the tasks as guided in Clause 1 of this Article.

3. The request for correction due to the registrant's mistake does not alter the registration date of the aircraft mortgage and pledge and no fee for requesting correction is required.

Article 17. File for registering notification documents concerning the disposal of mortgaged or pledged aircraft

1. Application form for registering notification documents concerning the disposal of mortgaged or pledged aircraft according to Appendix 07 issued together with this Circular (one original copy);

2. Notification document concerning the disposal of secured assets being aircraft (one certified copy or a copy accompanied by the original for verification);

3. Power of attorney in case the applicant is an authorized person (one certified copy or a copy accompanied by the original for verification);

4. Certificate of aircraft mortgage and pledge registration already issued (one original copy).

Article 18. Procedure for registering notification documents concerning the disposal of mortgaged or pledged aircraft when such registration has been made

1. The applicant submits one set of the application file for registering notification documents concerning the disposal of secured assets being aircraft when such registration has been made to the location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the application file against the information recorded in the Vietnamese Aircraft Register;

b) Record the registration date (hour, minute, day, month, year) in Point 6, Section II of Appendix II of the Aircraft Register; record "There is a notification document concerning the disposal of ... (name of asset to be disposed) mortgaged, pledged with (name of mortgagee, pledgee) pursuant to the Application Form for Registering Notification Document on Asset Disposal dated ... / ... / ..." from Point 1 to Point 5 and at Point 8, Section II of Appendix II of the Aircraft Register;

c) Issue the Certificate of Registration of Notification Document Concerning the Disposal of Mortgaged or Pledged Aircraft according to Appendix 08 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of financial obligation fulfillment;

d) Notify in writing about the disposal of secured assets being aircraft to all parties receiving the mortgage or pledge in case the aircraft is used to secure multiple civil obligations.

Article 19. File for canceling aircraft mortgage and pledge registration

When one of the grounds specified in Article 13 of Decree No. 83/2010/NĐ-CP exists, the applicant for canceling aircraft mortgage and pledge registration shall submit one set of the cancellation file including:

1. Application form for canceling aircraft mortgage and pledge registration according to Appendix 09 issued together with this Circular (one original copy).

2. Certificate of aircraft mortgage and pledge registration already issued (one original copy).

3. Written consent for canceling aircraft mortgage and pledge registration from the mortgagee or pledgee or evidence proving that the secured obligation has been extinguished in case the applicant for cancellation is the mortgagor or pledgor.

4. Power of attorney in case the applicant is an authorized person (one certified copy or a copy accompanied by the original for verification).

Article 20. Procedure for canceling aircraft mortgage and pledge registration

1. The applicant submits one set of the cancellation file for aircraft mortgage and pledge registration to the location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for handling the file as prescribed in Article 18 of Decree No. 83/2010/NĐ-CP, the person responsible for cancellation performs the following tasks:

a) Verify the information in the application file against the information recorded in the Vietnamese Aircraft Register;

b) Record the cancellation date (hour, minute, day, month, year) and note "Cancel mortgage and pledge between (name of mortgagor, pledgor) and (name of mortgagee, pledgee) pursuant to the Application Form for Canceling Mortgage and Pledge Registration dated ... / ... / ..." at Point 15, Section I of Appendix II of the Aircraft Register;

c) Revoke the Certificate of Aircraft Pledge and Mortgage Registration already issued;

d) Issue the Certificate of Cancellation of Aircraft Mortgage and Pledge Registration according to Appendix 10 issued together with this Circular to the applicant for cancellation or send it via postal service to the applicant for cancellation.

Article 21. Retaining files of aircraft mortgage and pledge registration

Depending on specific registration cases, the retained files of aircraft mortgage and pledge registration include:

1. Application for registration of aircraft mortgage and pledge; application for registration of amendment to the contents of registered aircraft mortgage and pledge; application for correction of aircraft mortgage and pledge registration errors; application for registration of notification document regarding the disposal of pledged aircraft; application for cancellation of aircraft mortgage and pledge registration (one original copy);

2. Mortgage contract, pledge contract; amended and supplemented mortgage contract, pledge contract or document proving the change in content (one original copy or one certified copy);

3. Notification document regarding the disposal of mortgaged or pledged aircraft (one original copy);

4. Consent document for cancellation of mortgage registration from the mortgagee, consent document for cancellation of pledge registration from the pledgee or document proving the termination of secured obligations in case the cancellation request only bears the signature and seal of the mortgagor or pledgor (one original copy);

5. Power of attorney in case the applicant is an authorized person (one certified copy);

6. Certificate of registration of aircraft mortgage and pledge; certificate of registration of amendment to the contents of registered aircraft mortgage and pledge; certificate of registration of notification document regarding the disposal of mortgaged or pledged aircraft; certificate of cancellation of registered aircraft mortgage and pledge (one original copy).

Chapter III

REGISTRATION PROCEDURES FOR SHIP PLEDGE

Article 22Ship pledge registration dossier

1. Application for registration of ship pledge according to Appendix 11 issued together with this Circular (one original copy);

2. Ship pledge contract (one original copy);

3. Power of attorney in case the applicant is an authorized person (one certified copy or one copy accompanied by the original for verification).

Article 23. Procedures for registering ship pledge

1. The applicant submits one (1) set of ship pledge registration dossier to the designated location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the dossier against the information retained in the National Ship Register at the region;

b) Record the registration time (hour, minute, date, month, year), and record the pledge registration content according to the instructions in the National Ship Register at the region;

c) Record the registration time (hour, minute, date, month, year) in the "Date" column and in the "Registration Content" column, record "Ship pledge between (name of pledgor) and (name of pledgee) pursuant to the pledge contract or credit agreement (in case the pledge is recorded in the credit agreement) number ... /... date ... / ... / ..." at Section IV of the National Ship Register at the region;

d) Issue the Certificate of Registration of Ship Pledge according to Appendix 12 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of financial obligation fulfillment;

3. In cases where the registration dossier falls under any of the refusal-to-register circumstances stipulated in Clause 1, Article 11 of Decree No. 83/2010/NĐ-CP, the regional ship registration authority will refuse registration in writing (specifying the reasons for refusal), return the registration dossier, and guide the applicant to comply with the relevant laws.

Article 24. Dossier for registration of amendment to the contents of registered ship pledge

When there is any basis as prescribed in Article 12 of Decree No. 83/2010/NĐ-CP, the applicant for amendment shall submit one (1) set of the dossier for registration of amendment to the contents of registered ship pledge including:

1. Application for registration of amendment to the contents of registered ship pledge according to Appendix 13 issued together with this Circular (one original copy);

2. Amended and supplemented ship pledge contract (one original copy) or document proving the change in content (one original copy or one certified copy);

3. Certificate of registration of ship pledge already issued (one original copy);

4. List of registered ship pledge contracts (according to Appendix 14 issued together with this Circular) (one original copy) in case of changing the name of the pledgee or changing the pledgee in multiple registered ship pledge contracts;

5. Power of attorney in case the applicant is an authorized representative (one certified copy or one copy accompanied by the original for verification).

Article 25. Procedures for registration of amendment to the contents of registered ship pledge

1. The applicant submits one (1) set of the dossier for registration of amendment to the contents of registered ship pledge to the designated location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the dossier against the information retained in the National Ship Register at the region;

b) Record the registration time (hour, minute, date, month, year) in the "Date" column and in the "Registration Content" column in Section IV of the National Ship Register at the region as follows:

In case of changing one party or both parties signing the ship pledge contract, record "Change pledgor (or pledgee) to new pledgor (or pledgee) is ... (name of new party changed) pursuant to the Application for Registration of Amendment to the Contents of Registered Ship Pledge dated ... / ... / ...";

In case of changing the name of one party or both parties signing the ship pledge contract, record "Change name of pledgor (or pledgee) to new name is ... (name of new party changed) pursuant to the Application for Registration of Amendment to the Contents of Registered Ship Pledge dated ... / ... / ...";

In case of reducing the pledged ship collateral, record "Reduce pledged collateral is ... (information about reduced collateral); remaining pledged collateral is ... (information about remaining collateral) pursuant to the Application for Registration of Amendment to the Contents of Registered Ship Pledge dated ... / ... / ...";

In case of adding pledged ship collateral, record "Add pledged collateral is ... (information about added collateral) pursuant to the Application for Registration of Amendment to the Contents of Registered Ship Pledge dated ... / ... / ...";

In case of replacing pledged ship collateral, the registration authority guides the applicant to submit the dossier and follow the procedures for cancellation of ship pledge registration as prescribed in Articles 30 and 31, and follow the procedures for registration of pledge as prescribed in Articles 22 and 23 of this Circular;

c) Revoke the Certificate of Registration of Ship Pledge already issued;

d) Issue the Certificate of Registration of Amendment to the Contents of Registered Ship Pledge according to Appendix 15 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of financial obligation fulfillment.

3. In case the application file for registration of change falls within one of the refusal cases stipulated in Clause 1, Article 11 of Decree No. 83/2010/NĐ-CP, the registration authority shall refuse it in writing (specifying the reasons for refusal), return the registration file, and guide the applicant to comply with the relevant laws.

Article 26. Application file for correcting errors in the registration of ship mortgage

1. A request form for correcting errors in the registration of ship mortgage according to Appendix 16 issued together with this Circular (one original copy);

2. The certificate of ship mortgage registration issued by the registration authority containing errors (one original copy);

3. Power of attorney in case the applicant is an authorized person (one certified copy or one copy accompanied by the original for verification).

Article 27. Procedure for correcting errors in the registration of ship mortgage due to mistakes made by the registrant

1. In case the registrant discovers errors in the National Ship Register of Vietnam or in the certificate regarding the registered content, the correction of such errors shall be carried out as follows:

a) Report to the head of the ship registration authority at the region for examination and decision on rectification of information;

b) Amend the erroneous information about the registered ship mortgage content in the National Ship Register of Vietnam at the region and reissue the certificate of ship mortgage registration to the applicant at the address stated on the registration request form;

c) In case there are errors on the certificate, recall the previously issued certificate of ship mortgage registration and reissue the certificate of ship mortgage registration to the applicant at the address stated on the registration request form.

2. In case the applicant discovers errors in the registered content, the correction procedure shall be carried out as follows:

a) The applicant submits one set of the application file for correcting errors in the registered content to the ship registration authority at the region where the registration was conducted;

b) Within the time limit prescribed in Article 18 of Decree No. 83/2010/NĐ-CP, the registrant shall perform tasks as guided in points b and c of Clause 1 of this Article.

3. Correcting errors due to mistakes made by the registrant does not alter the registration date of the ship mortgage and no fee for requesting correction of errors needs to be paid.

Article 28. Application file for registering the notification document regarding the disposal of mortgaged ship assets that have been registered

1. A request form for registering the notification document regarding the disposal of mortgaged ship assets according to Appendix 17 issued together with this Circular (one original copy);

2. The notification document regarding the disposal of mortgaged ship assets (one certified copy or one copy accompanied by the original for comparison);

3. Certificate of registration of ship pledge already issued (one original copy);

4. Power of attorney in case the applicant is the authorized person (one certified copy or one copy accompanied by the original for comparison).

Article 29. Procedure for registering the notification document regarding the disposal of mortgaged ship assets that have been registered

1. The applicant submits one set of the application file for registering the notification document regarding the disposal of mortgaged ship assets to the location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for processing applications as stipulated in Article 18 of Decree No. 83/2010/ND-CP, the registration officer shall perform the following tasks:

a) Verify the information in the dossier against the information retained in the National Ship Register at the region;

b) Record the registration time (hour, minute, day, month, year) in the "Date" column and in the "Registration Content" column, record "registering the notification document regarding the disposal of ... (name of asset to be disposed) mortgaged with (name of mortgagee) pursuant to the Request Form for Registering Notification Document on Asset Disposal dated ... / ... / ..." in Section IV of the National Ship Register of Vietnam at the region;

c) Issue the Certificate of Registration of Notification Document Regarding the Disposal of Mortgaged Ship Assets according to Appendix 18 issued together with this Circular to the applicant or send it via postal service to the applicant after obtaining proof of financial obligation fulfillment;

d) Notify in writing the disposal of mortgaged ship assets to all co-mortgagees in case the ship is used to secure multiple civil obligations.

Article 30. Application file for canceling the registration of ship mortgage

When one of the grounds specified in Article 13 of Decree No. 83/2010/NĐ-CP exists, the applicant for canceling the registration of ship mortgage shall submit one set of the following documents:

1. A request form for canceling the registration of ship mortgage according to Appendix 19 issued together with this Circular (one original copy);

2. The certificate of ship mortgage registration already issued (one original copy);

3. The consent document for canceling the ship mortgage registration from the mortgagee or a document proving the secured obligation has ended in case the applicant for cancellation is the mortgagor.

4. Power of attorney in case the applicant is the authorized person (one certified copy or one copy accompanied by the original for comparison).

Article 31. Procedure for canceling the registration of ship mortgage

1. The applicant submits one set of the application file for canceling the registration of ship mortgage to the location and in accordance with the method prescribed in Article 10 of this Circular.

2. Within the time limit for handling the file as prescribed in Article 18 of Decree No. 83/2010/NĐ-CP, the person responsible for cancellation performs the following tasks:

a) Verify the information in the dossier against the information retained in the National Ship Register at the region;

b) Record the cancellation registration time (hour, minute, day, month, year) in the "Date" column and in the "Registration Content" column, record "canceling the ship mortgage between (name of mortgagor) and (name of mortgagee) pursuant to the Request Form for Canceling Ship Mortgage Registration dated ... / ... / ..." in Section IV of the National Ship Register of Vietnam at the region;

c) Revoke the Certificate of Registration of Ship Pledge already issued;

d) Issue the Certificate of Cancellation of Ship Mortgage Registration according to Appendix 20 issued together with this Circular to the applicant for cancellation or send it via postal service to the applicant for cancellation after obtaining proof of financial obligation fulfillment.

Article 32. Retention of ship mortgage registration files

Depending on specific registration cases, the retention files for ship mortgage registration include:

1. Request forms for registering ship mortgage; request forms for changing the content of registered ship mortgage; request forms for correcting errors in the registration of ship mortgage; request forms for registering the notification document regarding the disposal of mortgaged ship assets; request forms for canceling the registration of ship mortgage (one original copy);

2. Mortgage contracts; amended and supplemented mortgage contracts or documents proving the changed content (one original copy or one certified copy);

3. Notification documents regarding the disposal of mortgaged ship assets (one original copy);

4. Consent documents for canceling the registration of ship mortgage from the mortgagee or documents proving the secured obligation has ended in case the Request Form for Canceling Ship Mortgage Registration only bears the signature and seal of the mortgagor (one original copy).

5. Power of attorney in case the applicant is an authorized person (one certified copy);

6. Certificate of ship mortgage registration; certificate of change in ship mortgage registration content; certificate of notification regarding the disposal of mortgaged ships; certificate of cancellation of ship mortgage registration issued (one original copy).

Chapter IV

PROVISION OF INFORMATION ON AIRCRAFT PLEDGE, SHIP MORTGAGE

Article 33. Submit Request for Information Provision

1. Individuals and organizations seeking information on aircraft pledge and ship mortgage shall submit one (01) Request for Information Provision on Aircraft Pledge and Ship Mortgage (one original copy) in accordance with the form prescribed in Appendix 21 attached to this Circular to the Civil Aviation Administration of Vietnam via one of the methods stipulated in Clause 1 of Article 42 of Decree No. 83/2010/NĐ-CP.

2. Individuals and organizations seeking information on ship mortgage shall submit one (01) Request for Information Provision on Ship Mortgage (one original copy) in accordance with the form prescribed in Appendix 22 attached to this Circular to the ship registry authority in the relevant area via one of the methods stipulated in Clause 1 of Article 42 of Decree No. 83/2010/NĐ-CP.

Article 34. Receipt of Request for Information Provision

1. After receiving the Request for Information Provision, the registry authority shall check the validity of the Request for Information Provision.

2. In cases where the Request for Information Provision does not comply with regulations or falls outside the jurisdiction of the registry authority, the registry authority shall reject it in writing, return the registration file, and guide the applicant to follow the correct procedures.

Article 35. Processing Request for Information Provision

Within the time limit for processing the file as stipulated in Article 44 of Decree No. 83/2010/NĐ-CP, the registry authority shall be responsible for searching for information stored in the Aircraft Register Book of Vietnam or the National Ship Register of Vietnam in the relevant area and issue an Information Provision Document on Aircraft Pledge and Ship Mortgage, or an Information Provision Document on Ship Mortgage to the applicant.

Article 36. Delivering Information Provision Results

The applicant for information provision shall receive the Information Provision Document (one original copy) directly from the registry authority or through postal service.

Article 37. Archiving Information Provision File

The registry authority shall archive the information provision file including the following documents:

1. Request for Information Provision (one original copy);

2. Information Provision Document certified by the registry authority (one original copy).

Chapter V

IMPLEMENTING PROVISIONS

Article 38. Effectiveness

1. This Circular takes effect from May 15, 2012.

2. Attached to this Circular are the following Appendices:

2.1. Appendix 01: Sample of Request for Registration of Aircraft Pledge and Ship Mortgage;

2.2. Appendix 02: Sample of Certificate of Registration of Aircraft Pledge and Ship Mortgage;

2.3. Appendix 03: Sample of Request for Registration of Change in Content of Registered Aircraft Pledge and Ship Mortgage;

2.4. Appendix 04: Sample of List of Registered Aircraft Pledge and Ship Mortgage Contracts;

2.5. Appendix 05: Sample of Certificate of Registration of Change in Content of Registered Aircraft Pledge and Ship Mortgage;

2.6. Appendix 06: Sample of Request for Correction of Errors in Aircraft Pledge and Ship Mortgage Registration;

2.7. Appendix 07: Sample of Request for Registration of Notification Document Regarding the Disposal of Mortgaged Aircraft;

2.8. Appendix 08: Sample of Certificate of Registration of Notification Document Regarding the Disposal of Mortgaged Aircraft;

2.9. Appendix 09: Sample of Request for Cancellation of Aircraft Pledge and Ship Mortgage Registration;

2.10. Appendix 10: Sample of Certificate of Cancellation of Aircraft Pledge and Ship Mortgage Registration;

2.11. Appendix 11: Sample of Request for Registration of Ship Mortgage;

2.12. Appendix 12: Sample of Certificate of Registration of Ship Mortgage;

2.13. Appendix 13: Sample of Request for Registration of Change in Content of Registered Ship Mortgage;

2.14. Appendix 14: Sample of List of Registered Ship Mortgage Contracts;

2.15. Appendix 15: Sample of Certificate of Registration of Change in Content of Registered Ship Mortgage;

2.16. Appendix 16: Sample of Request for Correction of Errors in Registered Ship Mortgage;

2.17. Appendix 17: Sample of Request for Registration of Notification Document Regarding the Disposal of Mortgaged Ship;

2.18. Appendix 18: Sample of Certificate of Registration of Notification Document Regarding the Disposal of Mortgaged Ship;

2.19. Appendix 19: Sample of Request for Cancellation of Ship Mortgage Registration;

2.20. Appendix 20: Sample of Certificate of Cancellation of Ship Mortgage Registration;

2.21. Appendix 21: Sample of Request for Information Provision on Aircraft Pledge and Ship Mortgage;

2.22. Appendix 22: Sample of Request for Information Provision on Ship Mortgage.

Article 39. Transitional Provisions

1. In cases where individuals and organizations submit registration and information provision files on aircraft pledge, ship mortgage, and ship mortgage before the effective date of this Circular but the files have not been processed, the registry authority shall implement the registration and information provision according to the procedures stipulated in this Circular.

2. In cases where individuals and organizations have registered aircraft pledge, ship mortgage, and ship mortgage, registered changes in content, and registered notification documents regarding the disposal of assets in accordance with Decree No. 70/2007/NĐ-CP dated April 20, 2007 of the Government on nationality registration and rights registration for civil aircraft, and Decree No. 29/2009/NĐ-CP dated March 26, 2009 of the Government on ship registration and sale, but request to register changes in content, register notification documents regarding the disposal of collateral, and cancel registration after the effective date of this Circular, they shall be implemented according to the provisions of this Circular.

Article 40. Responsibility for Implementation

During implementation, if there are difficulties or obstacles, individuals and organizations are advised to promptly report to the Ministry of Justice and the Ministry of Transport for coordination and resolution./.