Joint Circular No. 03/2014/TTLT-BTP-NHNNVN guiding the verification of enforcement conditions for Notaries at credit institutions

JOINT CIRCULAR

Guidelines on verifying conditions for enforcement of judgments

by Notaries at credit institutions

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Pursuant to the Civil Enforcement Law 2008;

Pursuant to the Law on Credit Institutions 2010;

Pursuant to Resolution No. 36/2012/QH13 dated November 23, 2012 of the National Assembly on continuing the pilot implementation of the Notary system;

Pursuant to Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notary Publics piloted in Ho Chi Minh City;

Pursuant to Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some provisions of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries implementing the pilot program in Ho Chi Minh City;

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

Pursuant to Decree No. 156/2013/NĐ-CP dated November 11, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

The Minister of Justice and the Governor of the State Bank of Vietnam issue this Circular guiding the verification of conditions for enforcement of judgments by Notaries at credit institutions.

Article 1. Scope of Regulation

Article 1. This Circular guides the verification of conditions for enforcement of judgments by Notaries related to requesting the provision of information about account balances, deposits, and deposited assets of the judgment debtor who is a customer (hereinafter referred to collectively as customer information) at credit institutions, including foreign bank branches (hereinafter referred to collectively as credit institutions) in provinces and centrally-administered cities where the Notary system pilot program is being implemented during the pilot period.

Article 2. The provisions of this Circular shall apply in the following cases:

a) Verifying conditions for enforcement of judgments where such matters fall within the jurisdiction of civil enforcement agencies in the province or centrally-administered city where the Notary Office is located;

b) Verifying conditions for enforcement of judgments outside the area specified in point a of this clause when the judgment debtor has accounts, deposits, or deposited assets at credit institutions in that locality.

Article 2. Applicability

1. Notary Office.

2. Credit institution.

3. Agencies, organizations, and individuals involved in the verification of conditions for enforcement of judgments by Notaries.

Article 3. Form and procedure for requesting the provision of information

Clause 1. The request for the provision of information shall be carried out in one of the following two forms:

Point a) The Notary issues a written request to the credit institution to provide information;

Point b) The Notary directly verifies at the credit institution.

Clause 2. The written request for the provision of information must include the following contents:

Point a) Basis for requesting the provision of information (specify the name of the effective legal judgment, decision; verification decision accompanied by relevant documents to prove and a copy of the agreement on verification of enforcement conditions; enforcement decision in case the Notary Office directly organizes enforcement);

Point b) Information about the customer who is the judgment debtor (name, main office address (in case the customer is an organization); full name, place of residence, and identity card number, passport number if available (in case the customer is an individual) and other necessary information;

Point c) Information required to be provided within the scope stipulated in Clause 1 of Article 1 of this Circular;

Point d) Time and deadline for providing information as prescribed in Clause 1 of Article 4 of this Circular;

e) Other relevant information.

Clause 3. The written request for the provision of information along with relevant documents as stipulated in point a of Clause 2 of this Article shall be sent to the credit institution, simultaneously sent to the State Bank branch in the province or centrally-administered city where the Notary Office is located, and the People's Procuracy at the district level in that locality. In case verification is conducted according to the provisions of point b of Clause 2 of Article 1 of this Circular, the Notary must also send these documents to the State Bank branch in the province or centrally-administered city where the verification takes place.

Clause 4. In case of direct verification, the Notary presents the Introduction Letter of the Notary Office, Notary Card, along with relevant documents as stipulated in point a of Clause 2 of this Article, and must announce the verification decision or enforcement decision in case the Notary Office directly organizes enforcement; record the verification process in a protocol. The protocol must have signatures from the Notary, the information provider, and confirmation from the credit institution. If immediate information provision cannot be achieved, the reason must be clearly stated in the protocol. The protocol shall be made in two copies, each party keeping one copy.

Clause 5. Within three working days from the date of receiving the verification results or from the date of recording the verification process, the Notary Office is responsible for sending the verification results or verification protocol to the State Bank branch in the province or centrally-administered city and the People's Procuracy at the district level where the Notary Office is located. In case verification is conducted according to the provisions of point b of Clause 2 of Article 1 of this Circular, the Notary must also send these documents to the State Bank branch in the province or centrally-administered city where the verification takes place.

Article 4. Provision of Information by Credit Institutions

1. The legitimate representative of the credit institution shall be responsible for providing information through a verification report (in cases of direct verification as prescribed in Clause 4, Article 3 of this Circular) or by means of an information provision document as prescribed in Clause 2 of this Article within three (3) working days from the date of receipt of the request for information provision.

2. The information provision document of the credit institution shall include the following contents:

a) The time of information provision;

b) The contents of the information provided according to the request (within the scope prescribed in Clause 1, Article 1 of this Circular).

3. The credit institution has the right to refuse to provide information in the following cases:

a) The case does not fall within the jurisdiction of verification by Notary Publics;

b) In the same case, the same content of the request at the same time has been verified by another Enforcement Officer or Notary Public;

c) The customer requesting information provision is not the person subject to enforcement under the jurisdiction of verification by Notary Publics;

d) The requested information is outside the scope of the information prescribed in Clause 1, Article 1 of this Circular;

e) The request for information provision lacks the documents prescribed in Point a, Clause 2, Article 3 of this Circular. In case of refusal, the credit institution must respond in writing and clearly state the reasons.

Article 5. Responsibilities for Using and Securing Information

1. The information provided may only be used for the purpose of enforcing judgments and decisions with legal effect and must be stored according to confidentiality regulations.

2. Notary Publics, Notary Public Offices, persons requesting verification of enforcement conditions, and related agencies and organizations have the responsibility to secure the provided information and use the results of verification for the intended purposes in accordance with the provisions of the law.

3. Any agency, organization, or individual violating the provisions of Clauses 1 and 2 of this Article shall be subject to administrative penalties or criminal liability, if damage is caused, they must compensate according to the provisions of the law, depending on the nature and degree of violation.

Article 6. Implementation Organization

1. Annually every six months or at any time, the Director of the Department of Justice shall be responsible for exchanging information with the Governor of the State Bank branch in the province or centrally governed city where the pilot program is implemented regarding the relevant activities of Notary Public Offices in the area.

2. During the implementation process, if there are difficulties, Notary Public Offices, credit institutions, and related agencies, organizations, and individuals shall promptly report to the Ministry of Justice and the State Bank of Vietnam for appropriate measures to resolve them.

Article 7. Effective Date

1. This Circular takes effect from March 5, 2014.

2. For cases that Notary Public Offices have organized verification but have not completed by the time this Circular takes effect, they shall implement according to the provisions of this Circular./.