Circular No. 05/2011/TT-BTP guides certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center and Asset Center under the National Office of Secured Transactions of the Ministry of Justice.

CIRCULAR

Guidelines on certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset attachment for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice.

contracts, notifications of asset attachments for enforcement proceedings conducted directly, via postal service, fax, and email,

at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice.

National Office of Registration of Secured Transactions of the Ministry of Justice.

_____________________________

Based on the Civil Code dated June 14, 2005;

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

Pursuant to Decree No. 65/2005/NĐ-CP dated May 19, 2005 of the Government amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of Financial Leasing Companies;

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;

To ensure uniformity in the application of legal provisions on registration, provision of information on secured transactions, contracts, notifications of asset attachments for enforcement proceedings conducted directly, via postal service, fax, and email, the Ministry of Justice provides guidance on certain matters as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular provides guidelines on certain issues regarding registration, provision of information on secured transactions, contracts for deferred payment purchases with retention of ownership by the seller, leasing contracts, financial leasing contracts, assignment of debt collection rights, and notifications of asset attachments for enforcement proceedings, as well as the provision of information on attached assets conducted directly, via postal service, fax, and email at the Registration Centers for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice (hereinafter referred to as the Registration Center).

Article 2. Cases of registration of secured transactions, contracts, and notifications of asset attachments

1. The registration of secured transactions (excluding guarantees and credit facilities) includes the following cases:

1.1. Mortgage of property, including mortgage of future property, pledge of property, deposit, pawn, and guarantee;

1.2. Modification, correction of errors, and cancellation of registration of secured transactions as specified in Point 1.1 Clause 1 of this Article;

1.3. Notifications of the handling of secured assets for registered secured transactions.

2. The registration of contracts (excluding contracts for the lease of civil aircraft) includes the following types of contracts:

2.1. Contracts for deferred payment purchases with retention of ownership by the seller (commonly referred to as deferred payment purchase contracts) as stipulated in Clause 2 Article 13 of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions (hereinafter referred to as Decree No. 163/2006/NĐ-CP);

2.2. Leasing contracts for property with a term of one year or more as stipulated in Clause 2 Article 13 of Decree No. 163/2006/NĐ-CP, including:

a) Contracts with an asset leasing term of one year or more;

b) Contracts with an asset leasing term less than one year, but the parties agree on extension and the total leasing period (including the extended period) is one year or more;

2.3. Financial leasing contracts as stipulated in Clause 6 Article 1 of Decree No. 65/2005/NĐ-CP dated May 19, 2005 of the Government amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of Financial Leasing Companies;

2.4. Assignment of debt collection rights, including existing debt collection rights or debt collection rights arising in the future.

3. Asset attachment notifications that must be made by Enforcement Officers to the Registration Center when issuing decisions to attach assets as provided in Article 3 of this Circular, except for the following cases:

3.1. Attached assets have been handed over to individuals or organizations capable of preserving them or are being stored in the warehouse of the Enforcement Agency;

3.2. The total value of assets subject to attachment decisions (excluding those mentioned in Point 3.1 of this Clause) temporarily calculated by the Enforcement Officer is less than thirty times the minimum wage set by the State.

Article 3. Assets subject to registration of security transactions and notification of attachment

The assets subject to registration of security transactions and notification of attachment include:

1. Cars, motorcycles, other road motor vehicles; railway transportation means;

2. Fishing boats; inland waterway transportation means;

3. Machinery, equipment, production lines, raw materials, fuel, materials, consumer goods, other goods, precious metals, precious stones;

4. Vietnamese currency, foreign currencies;

5. Shares, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks, and other negotiable instruments as prescribed by law, with value convertible to money and permitted for trading;

6. Property rights arising from copyright, industrial property rights, rights over plant varieties; claims for debt, other property rights belonging to the guarantor arising from contracts or other legal grounds (excluding land use rights, ownership of housing);

7. Property rights to capital contributions in enterprises, projects;

8. Rights to exploit natural resources, costs for leveling, clearance, and land release used to ensure the performance of civil obligations as prescribed by law;

9. Income, rights to receive insurance payments for secured assets or other benefits derived from the assets mentioned in this Article;

10. Other chattels as provided for in Clause 2, Article 174 of the Civil Code;

11. Assets attached to land not within the jurisdiction of the Land Registration Office of provinces and centrally-run cities, and the Land Registration Office of districts, towns, and provincial-level cities such as: assets attached to land built on multiple plots (serial assets); houses, temporary construction works (bamboo, wood, reed, thatch, earth); auxiliary structures such as parking sheds, kitchens, prefabricated steel houses, factory frames, warehouses; wells; drilled wells; drilling platforms; water tanks; courtyards; fences; electric poles; substations; pumping stations, power generation and transmission systems; household water supply and drainage systems; internal roads and other auxiliary structures.

Article 4. Scope of Authority of the Registration Center

1. The Registration Center has the authority to register and provide information on security transactions; register and provide information on deferred payment purchase contracts retaining ownership of the seller, asset leasing contracts, financial lease contracts, and debt transfer contracts; notify the attachment of enforcement assets and provide information on attached assets (hereinafter referred to as registration, notification, and provision of information on security transactions, contracts, and attachment notifications) at the request of individuals and organizations throughout the country, without regard to administrative territorial jurisdiction where the Registration Center is located.

2. Individuals and organizations have the right to choose one of the Registration Centers to perform registration, provision of information on security transactions, contracts, and attachment notifications.

3. The registration, notification, and provision of information on security transactions, contracts, and attachment notifications at various Registration Centers have equal legal effect.

Article 5. Tasks and Authorities of the Registration Center

1. When performing registration of secured transactions, contracts, and notifications of attachment, the Registration Center shall have the following tasks and authorities:

1.1. Register secured transactions, contracts, and notify attachments in accordance with the order of receiving registration request forms, notification documents on attachment in the Register of Registration Request Forms, Notification Documents, and Information Requests;

1.2. Issue a certificate confirming the registered content and the result of the notification of attachment with the confirmation of the Registration Center upon request by individuals or organizations;

1.3. Provide copies of certificates confirming the registered content with the confirmation of the Registration Center upon request by individuals or organizations;

1.4. Notify all parties to the secured transaction about the handling of the secured property;

1.5. Collect registration fees; in cases where the Enforcement Officer performs the notification of attachment, there is no need to pay the registration fee;

1.6. Refuse registration if any of the grounds specified in Clause 1 of Article 11 of Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transactions (hereinafter referred to as Decree No. 83/2010/ND-CP) are present;

1.7. Store files and documents, preserve information that has been registered;

1.8. Correct errors in secured transactions, contracts, and notifications of attachment due to mistakes made by the person performing the registration;

1.9. Other tasks and authorities as prescribed by law.

2. When providing information on secured transactions, contracts, and attached assets, the Registration Center shall have the following tasks and authorities:

2.1. Provide information on secured transactions, contracts, and attached assets stored in the Database on Secured Transactions, Contracts, and Notifications of Attachment Assets (hereinafter referred to as the Database) in accordance with the time limit stipulated in Article 44 of Decree No. 83/2010/ND-CP;

2.2. Collect fees for providing information from individuals and organizations; in cases where the person requesting information provision is an Enforcement Officer, there is no need to pay the information provision fee;

2.3. Refuse to provide information on secured transactions, contracts, and attached assets if any of the grounds specified in Clause 1 of Article 43 of Decree No. 83/2010/ND-CP are present.

Article 6. The person requesting registration, provision of information on secured transactions, contracts, the person responsible for notifying and requesting provision of information on attached assets

1. In the case of registration and provision of information on secured transactions, contracts:

1.1. The person requesting registration of a secured transaction is the guarantor, the creditor, or the Head of the Management and Liquidation Team of the creditor enterprise or cooperative that has entered bankruptcy proceedings, or a person authorized by one of these subjects. In the event of a change in the guarantor or creditor, the new guarantor or creditor may also be the person requesting registration of the change.

1.2. The person requesting registration of a contract is one of the parties or parties involved in the contract or a person authorized by one of the parties or parties involved in the contract. In the event of a change in one of the parties involved in the contract, the new party involved in the contract may also be the person requesting registration of the change.

1.3. Any individual or organization has the right to request provision of information on secured transactions and contracts.

2. In the case of notification of attachment of enforcement assets:

2.1. The person responsible for notifying the attachment of enforcement assets is the Enforcement Officer issuing the decision to attach or the Enforcement Officer assigned by the Enforcement Agency to perform the notification.

2.2. The person requesting provision of information on attached enforcement assets may be an Enforcement Officer or another individual or organization.

Article 7. Time of registration for secured transactions, contracts, and notifications of enforcement asset seizures

1. The time of registration for secured transactions, contracts, and notifications of enforcement asset seizures is the moment when the content of the application for registration of secured transactions, contracts, and the notification of enforcement asset seizures is entered into the Database.

2. In the following cases, the time of registration for secured transactions, contracts, and notifications of enforcement asset seizures is the moment when the content of the application for changing registration or the document requesting changes to the previously notified content is entered into the Database:

2.1. Changes due to errors in declaring secured assets or the name of the guarantor, the number of legal status identification documents of the guarantor; requests for registering additional secured assets in new guarantee contracts signed by the parties; requests to change the contract number and the date of signing the guarantee contract;

2.2. Errors in declaring assets; corrections of errors due to incorrect declarations not in accordance with the guidance provided in Articles 8 and 9 of this Circular; changes in the name and number of legal status identification documents of the deferred payment buyer, installment buyer, asset lessee, financial lease lessee, debt transferor, or requests to register additional assets;

2.3. Corrections of errors in declaring enforcement assets, errors in declaring the name and number of legal status identification documents of the judgment debtor due to incorrect declarations not in accordance with the guidance provided in Article 8 of this Circular, or requests to notify the addition of enforcement assets.

3. In cases where other registered contents are changed, or corrections of errors caused by the person performing the registration are requested, the time of registration for secured transactions and contracts is determined as the initial registration time.

4. In cases where other notified contents are changed, the effective time of such notifications is the initial notification time.

Article 8. Declaration of information about the parties involved in secured transactions, contracts, enforcement officers implementing notifications, and judgment debtors

1. At the "Applicant" section of the application form for registration, the declaration shall be made according to the following guidelines:

1.1. Declare the guarantor or the secured creditor or the head of the asset management and liquidation team of the secured creditor who is a business or cooperative that has entered bankruptcy in the case of registering secured transactions;

1.2. Declare one of the parties involved in the contract in the case of registering a contract;

1.3. Declare the person responsible for notifying the seizure of assets according to the provisions of the Civil Enforcement Law 2008 in the case of notifying the seizure of enforcement assets.

2. Information about the guarantor, buyer, asset lessee, financial lease lessee, debt transferor, judgment debtor (hereinafter referred to as the guarantor) shall be declared as follows:

2.1. For Vietnamese citizens, full name and ID card number must be declared according to the content recorded on the ID card;

2.2. For foreign individuals, full name and passport number must be declared according to the content recorded on the passport;

2.3. For stateless individuals residing in Vietnam, full name and permanent residence card number must be declared according to the content recorded on the permanent residence card;

2.4. For organizations established under Vietnamese law with business registration, foreign investors, the name and tax code issued by the tax authority must be declared. For organizations without business registration, the name registered according to the law must be declared;

2.5. For organizations established and operating under foreign law, the name registered with the competent foreign authority must be declared. If the registered name of the organization is not in Latin script, the trading name in English must be declared.

3. Information about the secured creditor, seller, asset lessor, financial lease lessor, recipient of transferred debt claim, enforcement officer implementing notifications (hereinafter referred to as the secured creditor) shall be declared as follows:

3.1. Name of the secured creditor;

3.2. Address of the secured creditor.

Article 9. Signing the application for registration

1. The application for registration must bear the signatures and seals (if any) of the organizations or individuals participating in the secured transaction or contract, or persons authorized by them; the Head of the Asset Management and Liquidation Team or the person authorized by him/her, except in cases provided for in Clause 2 of this Article, where the Head of the Asset Management and Liquidation Team is the party requesting registration.

2. The application for registration only needs to bear the signature and seal (if any) of one of the parties participating in the secured transaction or contract, or a person authorized by one of these parties, in the following cases:

2.1. In case one of the parties participating in the secured transaction or contract does not sign the application for registration, the party requesting registration shall submit a copy of the document on the secured transaction or contract or evidence proving the basis for registration along with the application for registration (one copy).

2.2. In case of requesting registration to change the beneficiary of security, reduce the collateral, register a notice regarding the handling of collateral, or cancel the registration of the secured transaction, the application for registration only needs to bear the signature and seal (if any) of the beneficiary of security or a person authorized by the beneficiary of security to request registration.

2.3. In case of requesting registration to change the seller on deferred payment, the lessor of assets, the financial lessor, the assignee of the right to claim debt, or a person authorized by the aforementioned parties, the application for registration only needs to bear the signature and seal (if any) of those parties themselves.

Article 10. Time of accepting the registration application, notice of attachment

The time when the Registration Center accepts the application for registration or the notice of attachment of property is determined based on the following criteria:

1. In case the application for registration or the notice of attachment of property is submitted directly or through postal service, the time of acceptance of the application or notice is determined as the time when the valid application for registration or notice is received.

2. In case the application for registration or the notice of attachment of property is submitted via fax or email, the time of acceptance of the application or notice is determined as the time when the valid application for registration or notice is sent to the fax machine or computer of the Registration Center.

Article 11. Registration fee, information provision fee

The level of registration fee, information provision fee, and the cases of exemption and reduction of registration fee and information provision fee for secured transactions, contracts, and properties attached for enforcement are implemented according to the guidance of the Ministry of Finance and the Ministry of Justice.

Article 12. Methods of paying fees and charges

1. Payment methods for registration fees and information provision fees applicable to regular customers include:

1.1. Paying directly at one of the Registration Centers;

1.2. Depositing money into the account of the Registration Center opened at a bank;

1.3. Authorizing collection or payment through the State Treasury or paying from the temporarily deposited amount in the Registration Center's account.

Payment of registration fees and information provision fees through authorized collection or payment is carried out according to monthly payment notifications. Regular customers must pay the full monthly registration fees and information provision fees no later than the 20th day of the following month.

2. Non-regular customers shall make payments for registration fees and information provision fees according to one of the methods specified in Points 1.1 and 1.2 of Clause 1 of this Article.

3. In case a customer fails to fulfill the obligation to pay registration fees and information provision fees or does not pay the service fee for regular customers as prescribed by laws on fees and charges, the National Registry of Secured Transactions will temporarily suspend the regular customer code. Within three months from the date the regular customer code is suspended, if the regular customer still fails to pay the fees, the National Registry of Secured Transactions will suspend the regular customer code and will reactivate it only when the customer has paid all the fees.

Chapter II

PROCEDURE AND REQUIREMENTS FOR REGISTRATION OF SECURED TRANSACTIONS, CONTRACTS, NOTIFICATION OF ATTACHMENT AND INFORMATION PROVISION ON SECURED TRANSACTIONS, CONTRACTS,

ATTACHED ASSETS FOR ENFORCEMENT

PROCEDURE AND REQUIREMENTS FOR REGISTRATION OF SECURED TRANSACTIONS, CONTRACTS,

Section 1

NOTIFICATION OF ATTACHMENT

PROCEDURE AND REQUIREMENTS FOR REGISTRATION OF SECURED TRANSACTIONS, CONTRACTS, NOTIFICATION OF ATTACHMENT

Article 13. Procedures and formalities for registering secured transactions, contracts, and notifications of seizure

1. The person requesting registration shall submit one (01) copy of the application form for registration of secured transactions and contracts, and the Enforcement Officer shall submit one (01) copy of the notification document regarding the seizure of assets for enforcement to the Registration Center.

2. Within the time limit specified in Article 18 of Decree No. 83/2010/NĐ-CP, the person responsible for registration shall perform the following tasks:

2.1. Verify the information declared on the application form and notification document. In cases where the application form for registration and the notification document do not fall under any of the refusal circumstances stipulated in points a, b, c, d, and đ of Clause 1, Article 11 of Decree No. 83/2010/NĐ-CP, the person responsible for registration shall record the time of receipt of the application form and notification document (hours, minutes, day, month, year) in the Register of Application Forms for Registration and Notification Documents, and request the provision of information and issuance of a Receipt for Result Delivery to the person requesting registration and the Enforcement Officer if the application form and notification document are submitted directly.

2.2. Input the information from the application form for registration and the notification document regarding the seizure of enforcement assets into the Database.

2.3. Deliver the certified document confirming the registered content and notification with the Registration Center's confirmation according to one of the methods prescribed in Article 19 of Decree No. 83/2010/NĐ-CP to the person requesting registration and the Enforcement Officer (if requested).

3. For the notification document regarding the seizure of enforcement assets, in cases where the person responsible for registration discovers that there are secured transactions and contracts registered under the name of the person subject to enforcement during the period from when the Enforcement Officer verifies the intended seized assets until the Registration Center receives the notification document regarding the seizure of assets, the Registration Center shall notify the Enforcement Officer in writing about those transactions and contracts together with the delivery of the notification document regarding the seizure of assets.

4. In cases where the person requesting registration and the Enforcement Officer have already submitted the application form for registration and the notification document regarding the seizure of assets but later discover that these documents overlap with previously registered application forms and notified documents, the person requesting registration and the Enforcement Officer shall submit one (01) copy of the application form for cancellation of registration and the request for cancellation of notification to the Registration Center.

The procedures for canceling registration and notification shall be carried out according to the guidance provided in Clause 1 and Clause 2 of Article 17 of this Circular.

Article 14. Procedures and formalities for registering notification documents regarding the disposal of secured assets

1. The person requesting registration shall submit one (01) copy of the application form for registration of the notification document regarding the disposal of secured assets to the Registration Center.

2. After receiving the application form for registration, the person responsible for registration shall perform the tasks according to the guidance provided in Clause 2 of Article 13 of this Circular.

The Registration Center shall send the certified document confirming the registered content with the Registration Center's confirmation regarding the disposal of the secured asset to the relevant parties (if applicable) at the address stored in the Database: the co-beneficiary of the secured asset; the seller of the deferred payment or installment sale asset to the secured party; the lessor of the asset to the secured party; the financial lessor of the asset to the secured party; the assignee of the claim from the secured party.

3. Based on the scope of the disposed secured asset, the relevant parties shall register changes to the content of the previously registered secured transaction (reduction of the secured asset) according to the guidance provided in Article 15 of this Circular, or carry out the cancellation of the registration of the secured transaction according to the guidance provided in Article 17 of this Circular.

4. In cases where the parties agree not to dispose of the secured asset after submitting the application form for registration of the notification document, the person requesting registration shall submit one (01) copy of the application form for registration of changes to the previously registered notification content to the Registration Center. The procedures and formalities for registering changes shall be carried out according to the guidance provided in Article 15 of this Circular.

Article 15. Procedure and formalities for registering changes to the content of secured transactions, registered contracts, and announced contents regarding seized assets for enforcement

1. The person requesting registration or Enforcement Officer shall submit one (01) application form for registration of change and a document requesting change of the announced content when there is one of the following grounds:

1.1. Withdrawal, addition, or replacement of one of the parties involved in the secured transaction, contract, or judgment debtor; change of name or identification number determining the legal status of the parties involved in the secured transaction, contract, and judgment debtor;

1.2. Withdrawal or addition of property in the registered secured transaction or contract without entering into a new security agreement; withdrawal or addition of property in the announcement of asset seizure;

1.3. Change of security measure for the registered collateral;

1.4. Collateral that is future property has been formed, except where the future collateral is circulating goods in the production or business process or the future collateral is a motor vehicle with frame number recorded at the time of securing transaction registration;

1.5. Request to correct errors in the content declared in the application for registration or announcement of asset seizure;

1.6. Change of other registered or announced content.

2. The person requesting registration shall submit one (01) application form for registration of change, and the Enforcement Officer shall submit one (01) document requesting change of the announced content to the Registration Center.

3. After receiving the application for registration of change of registered content or the document requesting change of announced content, the registration officer shall perform tasks according to the guidance provided in Clause 2, Article 13 of this Circular.

4. In case of changing the name of the secured party, the identification number determining the legal status of the secured party, or changing the secured party in multiple registered secured transactions, the person requesting registration may submit one (01) set of application documents for registration of change of name or change of secured party for all such secured transactions. The registration application includes:

4.1. Application form for changing registered content;

4.2. Power of attorney (if any);

4.3. List of registered secured transactions and contracts.

The procedure for change registration shall be carried out in accordance with the guidance provided in Clause 3 of this Article.

Article 16. Procedure and formalities for correcting errors in secured transactions, registered contracts, and announcements of asset seizures due to the fault of the registration officer

1. In case the registration officer discovers errors in the registered content or announcement in the Database due to their own fault, the registration officer must promptly report to the Director of the Registration Center for examination and decision on information correction and send a notification document about the corrected information to the person requesting registration and the Enforcement Officer who made the announcement at the address stated on the application for registration and the announcement of asset seizure.

2. In case the person requesting registration or Enforcement Officer discovers errors in the registered content or announcement due to the fault of the registration officer, the person requesting registration or Enforcement Officer shall submit one (01) application for correction of registered content error or a document requesting correction of announced content error to the Registration Center.

3. After receiving the application or document requesting correction of error, the registration officer shall perform tasks according to the guidance provided in Clause 2, Article 13 of this Circular.

Article 17. Procedures and formalities for deregistering secured transactions, contracts, and removing notices of asset seizure for enforcement

1. When there is one of the grounds specified in Clause 1, Article 13 of Decree No. 83/2010/NĐ-CP, the person requesting registration shall submit one (01) application form to request deregistration to the Registration Center.

2. Within no more than three (03) working days from the date of lifting the asset seizure or completing the disposal of seized assets, the Enforcement Officer must send one (01) document requesting removal of the notice of asset seizure for enforcement to the Registration Center.

3. After receiving the application for deregistration or the document requesting removal of the notice, the person responsible for registration shall follow the guidance provided in Clause 2, Article 13 of this Circular.

In cases where the person requesting deregistration is the guarantor, the person authorized by the guarantor, the buyer of deferred payment assets, the lessee of assets, the financial lessor, the assignor of claims, or the person authorized, or the person subject to enforcement, the person responsible for registration shall send one (01) certificate confirming the content of deregistration and removal of the notice to the creditor or seller of deferred payment assets, the lessor of assets, the financial lessor, the assignee of claims, or the civil enforcement agency at the address stated on the application or the notice of asset seizure.

Article 18. Procedures for accepting and processing applications for registration and notices of asset seizure via email

1. The person requesting registration shall submit the application for registration, and the Enforcement Officer shall send the notice of asset seizure for enforcement via email in the form of attached data (image file format) and character data (text file format).

2. When processing the application for registration or the notice, the person responsible for registration shall retain the email containing the registration request or notice from the customer.

3. After completing the registration, the Registration Center shall perform the following tasks:

3.1. Notify via email to the person requesting registration and the Enforcement Officer that the registration and notice have been completed.

3.2. Return the certificate confirming the content of the registration and notice with the Registration Center's confirmation, if requested by the person requesting registration or the Enforcement Officer.

Section 2

PROVISION OF INFORMATION ON SECURED TRANSACTIONS, CONTRACTS,

 ASSET SEIZURE FOR ENFORCEMENT

Article 19. Right to Request Provision of Information on Secured Transactions, Registered Contracts, and Seized Assets for Enforcement

1. Organizations and individuals have the right to request the Registration Center to provide information on secured transactions, contracts, and seized assets stored in the Database to serve as evidence of their legitimate rights and interests related to movable property.

2. The Enforcement Officer has the right to request the provision of information on assets intended for seizure before making a decision to seize assets to enforce the obligations of the person subject to enforcement, including the following contents:

2.1. Assets currently being used as security for the performance of civil obligations.

2.2. Assets purchased on deferred payment terms by the person subject to enforcement, where the seller retains ownership.

2.3. Assets leased by the person subject to enforcement for a term of one year or longer, or financial lease assets.

2.4. Other cases as prescribed by law.

Article 20. Criteria for searching information on secured transactions, contracts, and seized assets

1. Information on secured transactions, contracts, and seized assets shall be searched based on the legal status documents of the guarantor, buyer, lessee of the asset, financial lessor, assignor of the claim, and judgment debtor (hereinafter referred to as the guarantor):

1.1. In cases where the guarantor is a Vietnamese citizen, the search criteria are the full name and citizen identification number.

1.2. In cases where the guarantor is an organization established under Vietnamese law with business registration or a foreign investor, the search criteria are the tax code of the organization or foreign investor.

1.3. In cases where the guarantor is a foreign individual, the search criteria are the full name and passport number of the individual; for stateless persons residing in Vietnam, the search criteria are the full name and permanent residence card number.

1.4. In cases where the guarantor is an organization established under Vietnamese law without business registration, the search criteria are the registered name of the organization as prescribed by law.

1.5. In cases where the guarantor is an organization established and operating under foreign law, the search criteria are the registered name of the organization at the competent foreign authority.

2. Information about security transactions, contracts, and seized assets can be searched based on the frame number of motor vehicles.

3. Information about security transactions, contracts, and seized assets can be searched based on the registration number of security transactions, contracts, and notifications of asset seizures for enforcement.

Article 21. Procedure and formalities for providing information on secured transactions, registered contracts, and information on seized assets for enforcement

1. The person requesting information, or the Enforcement Officer, submits one (01) application form or request for information to the Registration Center.

2. After receiving the application form or request for information, the registration officer checks the information declared on the form or document.

If the application for registration or request for information does not fall within any of the refusal cases stipulated in point a, b, and c of Clause 1, Article 43 of Decree No. 83/2010/ND-CP, the registration officer records the time of receipt of the application form or document (hour, minute, day, month, year) in the Register of Applications for Registration and Requests for Information.

3. The Registration Center provides information on secured transactions and registered contracts to the person requesting information or provides information to the Enforcement Officer or other individuals or organizations that have requested it within the time limit specified in Article 44 of Decree No. 83/2010/ND-CP.

4. The acceptance and processing of applications and requests for information through electronic mail are carried out similarly according to the guidance provided in Clauses 2 and 3 of this Article.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Effective date

1. This Circular takes effect from April 20, 2011, and replaces the following Circulars:

1.1. Circular No. 06/2006/TT-BTP dated September 28, 2006, issued by the Ministry of Justice guiding certain issues regarding the authority, procedure, and formalities for registering and providing information on secured transactions at the Registration Center for Transactions and Assets of the National Registry of Secured Transactions under the Ministry of Justice;

1.2. Circular No. 03/2007/TT-BTP dated May 17, 2007, issued by the Ministry of Justice amending and supplementing certain provisions of Circular No. 06/2006/TT-BTP dated September 28, 2006, issued by the Ministry of Justice guiding certain issues regarding the authority, procedure, and formalities for registering and providing information on secured transactions at the Registration Center for Transactions and Assets of the National Registry of Secured Transactions under the Ministry of Justice;

1.3. Circular No. 04/2007/TT-BTP dated May 17, 2007, issued by the Ministry of Justice guiding the authority, procedure, and formalities for registering and providing information on deferred payment purchase contracts, lease contracts, financial lease contracts, and assignment of claims contracts;

1.4. Circular No. 07/2007/TT-BTP dated October 9, 2007, issued by the Ministry of Justice guiding the notification of asset seizure for enforcement and provision of information on seized assets at the Registration Centers for Transactions and Assets of the National Registry of Secured Transactions under the Ministry of Justice.

2. The following forms are attached to this Circular:

2.1. Register of Applications for Registration and Requests for Information;

2.2. Application forms for registration of secured transactions and contracts, notification forms of asset seizure for enforcement, and appendices;

2.3. Certificates of registered content and notifications issued by the Registration Center;

2.4. Application forms for requesting information on secured transactions, contracts, and seized assets;

2.5. Information-providing documents on registered secured transactions and contracts, and information on seized assets for enforcement issued by the Registration Center;

2.6. Application forms for regular customer registration;

2.7. Application forms for changing information on regular customers;

2.8. Application forms for personal code issuance for secured transactions and contracts registered and notified before the effective date of this Circular;

2.9. Application forms for changing personal codes;

2.10. Result delivery appointment slips for registration.

Article 23. Transitional Provisions

1. In cases where secured transactions, contracts, and notifications of asset seizures were registered and notified before the effective date of Decree No. 83/2010/ND-CP and remained valid until September 9, 2010 (the effective date of Decree No. 83/2010/ND-CP), organizations and individuals are not required to perform registration and notification renewals, and such registrations and notifications will remain valid until the organizations or individuals submit an application for cancellation of registration or a request for cancellation of notification in accordance with Article 6 of Decree No. 83/2010/ND-CP.

2. The recognition and issuance of regular customer codes are carried out in accordance with the Regulation on Issuance, Management, and Use of Regular Customer Codes and Online Registration Accounts of the National Registry of Secured Transactions.

In cases where organizations and individuals have been recognized as regular customers before the effective date of this Circular, the National Registry of Secured Transactions is responsible for reviewing, compiling, and notifying the regular customer codes to the organizations and individuals to facilitate their registration of secured transactions, contracts, and notifications of asset seizures in accordance with the guidance of this Circular.

3. In the case where the person requesting registration has already registered a secured transaction or contract, and the Enforcement Officer has notified the seizure of assets for enforcement proceedings through one of the direct, postal, fax, or email methods, and there is a request to change, correct errors, delete the registration, or notify the seizure online, such requests shall be carried out in accordance with Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice, guiding the online registration and provision of information on secured transactions, contracts, and notifications of asset seizures for enforcement.

4. For secured transactions, contracts that have been registered, or notifications of asset seizures that were made at one of the Registration Centers before this Circular takes effect:

4.1. If the guarantor, buyer, lessee of the asset, financial lessor, assignee of the claim, or debtor's information is declared using Military Officer Identification Cards, Military Identification Cards for military personnel, People's Police Identification Cards, National Security Identification Cards, or Certificates of Workers and Staff in the People's Public Security Force, then upon the effectiveness of this Circular, if organizations or individuals request to change, correct errors, delete registrations, or notify asset seizures, they must declare their information according to the Citizen Identity Card.

4.2. If there is a request to change, correct errors, delete registrations, or notify asset seizures online, the National Registry of Secured Transactions and Contracts will issue an individual code for the secured transaction, contract, or notification of asset seizure.

5. In the case of notifying the seizure of assets for enforcement, when issuing the decision to seize assets, the Enforcement Officer must immediately notify the seizure of assets to the Registration Center in accordance with the procedures and formalities stipulated in Article 13 of this Circular.

For enforcement in military regions and civil enforcement in rural areas, remote regions where it is not possible to immediately notify the seizure of assets to the Registration Center, this period may be extended, but not exceeding five (05) working days from the date of issuance of the decision to seize assets.

When sending the notification of asset seizure to the Registration Center via postal service, the five-day period is calculated based on the postmark confirming dispatch by the Post Office.

6. For localities selected for pilot implementation of Notary activities, the procedures and formalities for notifying the seizure of assets and investigating information about seized assets by Notaries shall also be carried out in accordance with the provisions of this Circular.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."Responsibility for Implementation

1. The National Registry of Secured Transactions has the responsibility to guide the registration, notification, and provision of information on secured transactions, contracts, and notifications of asset seizures for enforcement at the Registration Centers for Secured Transactions and Assets in accordance with this Circular.

2. During the implementation process, if there are difficulties or obstacles, individuals and organizations are requested to promptly report them to the Ministry of Justice for research and resolution.