Circular No. 07/2007/TT-BTP guiding on the notification of the attachment of assets for enforcement and the provision of information about attached assets at the Registration Centers for Transactions and Assets under the National Registration Agency for Security Interests of the Ministry of Justice.

CIRCULAR

Guidelines on the notification of enforcement asset seizure and provision of information about seized assets at Registration Centers for transactions and properties

of the National Registration Agency for Security Interests under the Ministry of Justice

Guidelines on the notification of enforcement asset seizure and provision of information about seized assets at Registration Centers for transactions and properties of the National Registration Agency for Security Interests under the Ministry of Justice

_______________________

Pursuant to the Civil Enforcement Decree dated January 14, 2004;

Pursuant to the Governmental Decree No. 62/2003/NĐ-CP dated June 6, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to the Governmental Decree No. 173/2004/NĐ-CP dated September 30, 2004 stipulating procedures, coercive measures, and administrative penalties in civil enforcement;

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

The Ministry of Justice issues guidelines on certain matters regarding the notification of enforcement asset seizure and provision of information about seized assets at Registration Centers for transactions and properties of the National Registration Agency for Security Interests under the Ministry of Justice as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides guidance on the following contents:

1.1. Verification of assets intended for seizure and notification of asset seizure by Enforcement Officers of provincial and district-level Civil Enforcement Agencies, Enforcement Officers of Military Zone Civil Enforcement Agencies and equivalent agencies at Registration Centers for transactions and properties of the National Registration Agency for Security Interests under the Ministry of Justice (hereinafter referred to collectively as Registration Centers);

1.2. Authority, procedure, and formalities for handling notifications of asset seizures by Registration Centers;

1.3. Authority, procedure, and formalities for providing information by Registration Centers to Enforcement Officers when there is a request for verification of assets intended for seizure and providing information about seized assets to individuals or organizations requesting such information (hereinafter referred to collectively as providing information).

2. Cases of notifying asset seizures to Registration Centers

2.1. Enforcement Officers shall notify the Registration Center of the asset seizure decision according to Clause d, Article 21 of Governmental Decree No. 173/2004/NĐ-CP dated September 30, 2004 stipulating procedures, coercive measures, and administrative penalties in civil enforcement (hereinafter referred to as Decree No. 173/2004/NĐ-CP), except for the cases specified in Subpoint 2.2, Section 2 of this Circular, when issuing a decision to seize the following assets:

a) Motor vehicles, motorcycles, other road motor vehicles; railway transportation means;

b) Fishing boats; inland waterway transportation means;

c) Machinery, equipment, production lines, raw materials, fuel, materials, consumer goods, other goods, precious metals, precious stones;

d) Shares, bonds, promissory notes, bills of exchange, deposit certificates, checks, and other negotiable instruments as prescribed by law and permitted for trading;

đ) Property rights arising from copyright, industrial property rights, rights over plant varieties; claims, other property rights belonging to the person subject to enforcement arising from contracts or other legal grounds;

e) Property rights over equity contributions in enterprises;

g) Rights to exploit natural resources used to secure the performance of civil obligations as prescribed by law;

h) Other chattels as provided for in Clause 2, Article 174 of the Civil Code, excluding aircraft and ships;

i) Assets attached to land, excluding residential buildings, other architectural works, planted forests, perennial orchards.

2.2. Enforcement Officers shall not notify the Registration Center of the asset seizure decision for the assets mentioned in Subpoint 2.1, Section 2 of this Circular in the following cases:

a) Seized assets have been handed over to individuals or organizations with the capacity to store them or are stored in the warehouse of the Enforcement Agency as stipulated in Clause c, Clause 1 and Clause 2, Article 25 of Decree No. 173/2004/NĐ-CP;

b) The total value of the assets subject to seizure (excluding the assets mentioned in Subpoint 2.2.a of this Section) does not exceed ten months of the minimum wage set by the State. The value of the seized assets is temporarily calculated by the Enforcement Officer.

2.3. In the case of seizing road motor vehicles, the Enforcement Officer shall notify the Registration Center of the asset seizure decision as well as the Traffic Police Corps or Traffic Police Room where the vehicle is registered simultaneously with the notification to the Registration Center as prescribed in this Circular.

3. Persons responsible for notifying asset seizures

3.1. The person responsible for notifying the Registration Center of the asset seizure decision according to Clause 5, Article 21 of Decree No. 173/2004/NĐ-CP is the Enforcement Officer who issued the seizure decision or the Enforcement Officer assigned by the Enforcement Agency to carry out the notification.

3.2. The Enforcement Officer responsible for the notification shall undertake the following responsibilities:

a) Notify the seizure of the assets mentioned in Subpoint 2.1, Section 2 of this Circular within the time limit prescribed in Section I, Item 8 of this Circular;

b) Prepare related documents for the notification of asset seizure containing all necessary information according to the templates issued together with this Circular;

c) Bear responsibility under the law on compensation for damage caused by public officials in cases where the notification of asset seizure is made beyond authority, outside the time limit, or contrary to the truth, causing damage to innocent third parties when establishing transactions with objects that have already been seized.

4. Scope and authority of Registration Centers

4.1. Registration Centers established in some localities by the Minister of Justice have the authority to handle notifications of asset seizures and provide information about seized assets nationwide, regardless of the administrative jurisdiction of the locality where the Registration Center is located, for the cases mentioned in Subpoint 2.1, Section 2 of this Circular.

Enforcement Officers have the right to choose one of the Registration Centers to notify the asset seizure and request information.

4.2. Handling notifications of asset seizures and providing information at Registration Centers have equal legal effect.

5. Tasks and powers of Registration Centers in handling Notification Documents about asset seizures and providing information

5.1. The Registration Center has the following duties and powers in handling notifications regarding the seizure of assets:

a) Receiving notifications regarding the seizure of assets;

b) Certifying the contents of notifications regarding the seizure of assets; certifying the extension of the validity period of notifications regarding the seizure of assets; certifying changes to the contents of previously notified seizures of assets; certifying corrections, deletions of notification documents regarding the seizure of assets; issuing copies of documents with the certifications mentioned above;

c) Refusing to accept notifications regarding the seizure of assets and clearly stating the reasons for refusal when there is one of the grounds specified in point 13.1, Clause 13, Section of this Article;

d) Storing files and documents, preserving information about seized assets that have been processed.

5.2. The Registration Center has the following duties and powers in providing information:

a) Providing information on assets that Enforcement Officers intend to seize, on seized assets stored in the Data System to individuals and organizations;

b) Charging fees for providing information to individuals and organizations, except when Enforcement Officers request information on assets they intend to seize;

c) Refusing to provide information when there is one of the grounds specified in point 13.2, Clause 13, Section of this Article.

6. Responsibilities of the Registration Officer

6.1. Handling notifications regarding the seizure of assets and providing information according to the deadlines, procedures, and formalities stipulated in this Circular.

6.2. Certifying and accurately updating the contents of notifications regarding the seizure of assets into the Data System.

6.3. In cases where the Registration Officer certifies and updates inaccurately the contents of notifications regarding the seizure of assets into the Data System or provides inaccurate information causing damage, compensation must be provided according to the provisions of the law on liability for damages caused by civil servants.

7. Legal effect of notifications regarding the seizure of assets

Notifications regarding the seizure of assets have legal effect against third parties from the time of notification until the expiration of the validity period of such notifications as prescribed in Clause 10, Section I of this Circular.

8. Time limit for implementing notifications regarding the seizure of assets

When making a decision to seize assets, Enforcement Officers must immediately notify the Registration Center of the seizure of assets according to the procedures and formalities stipulated in Section II of this Circular.

For enforcement in military regions and civil enforcement in rural areas, remote regions where immediate notification of the seizure of assets to the Registration Center cannot be made, this time limit may be extended but not exceeding five working days from the date of the decision to seize assets.

In cases where the notification document regarding the seizure of assets is sent to the Registration Center via postal service, the five-day period shall be calculated based on the postmark of dispatch.

9. Effective date of notifications regarding the seizure of assets

9.1. The effective date of notifications regarding the seizure of assets is the date when the Registration Center receives valid notification documents regarding the execution of asset seizures.

Valid notification documents regarding the execution of asset seizures are those containing all required contents as prescribed in the model attached to this Circular.

9.2. The effective date of notifications regarding the seizure of assets in the following cases shall be calculated as follows:

a) In cases where Enforcement Officers request corrections to errors in declarations regarding the name and number of documents determining the legal status of the person subject to enforcement due to incorrect declaration as guided in Clause 11, Section of this Article, the effective date of the aforementioned notification is the date when the Registration Center receives the valid notification document requesting correction of the content of the notification regarding the execution of asset seizures;

b) In cases where Enforcement Officers request corrections to errors in declarations regarding seized assets, the effective date of the notification regarding the seized assets for that part is the date when the Registration Center receives the valid notification document requesting correction of the content of the notification regarding the execution of asset seizures;

c) In cases where Enforcement Officers request changes to the already notified contents, the effective date of the notification regarding the seizure of assets remains as prescribed in point 9.1 of this Article; if the notification is for additional seized assets, the effective date of the notification for the additional assets is the date when the Registration Center receives the valid notification document requesting changes to the already notified contents regarding the execution of asset seizures.

9.3. The date when the Registration Center receives notification documents regarding the execution of asset seizures is calculated as follows:

a) In cases where notification documents regarding the execution of asset seizures are submitted directly at the Registration Center, the receipt date is the submission date of the Enforcement Officer;

b) In cases where notification documents regarding the execution of asset seizures are sent via fax during the Registration Center's working hours, the receipt date is the fax receipt date; if sent via fax outside the Registration Center's working hours, the receipt date is the start of the next working session;

c) In cases where notification documents regarding the execution of asset seizures are sent via postal service to the Registration Center during working hours, the receipt date is the receipt date from the postal office; if sent via postal service to the Registration Center outside working hours, the receipt date is the start of the next working session.

10. Validity period of notifications regarding the seizure of assets

Notifications regarding the seizure of assets are valid for a period of five years from the date when the Registration Center receives valid notification documents regarding the seizure of assets, except in cases of early cancellation of the notification regarding the seizure of assets or requests for extension. Each extension of the notification regarding the seizure of assets is for a period of five years.

11. Guidelines for declaring the name and number of documents determining the legal status of the person subject to enforcement

11.1. For individuals who are Vietnamese citizens: fully declare their family name and given name according to the Identity Card; Identity Card number; in cases where there is no Identity Card, declare according to the name and address of the individual recorded in the judgment or decision of the Court for enforcement or declare according to the name and address in the verification record of the Enforcement Officer.

In cases where the individual is a military personnel on active duty, fully declare their family name and given name according to the Military Identification Card; Military Identification Card number.

11.2. For individuals who are foreign nationals: fully declare their family name and given name according to the Passport; Passport number; in cases where there is no Passport, declare according to the name and address of the individual recorded in the judgment or decision of the Court for enforcement or declare according to the name and address in the verification record of the Enforcement Officer.

11.3. For individuals who are stateless persons residing in Vietnam: fully declare their family name and given name according to the Permanent Residence Card; Permanent Residence Card number; in cases where there is no Permanent Residence Card, declare according to the name and address of the individual recorded in the judgment or decision of the Court for enforcement or declare according to the name and address in the verification record of the Enforcement Officer.

11.4. For organizations established under Vietnamese law:

a) For legal entities with business registration: declare the name according to the Business Registration Certificate; Business Registration Certificate number.

b) For legal entities without business registration: declare the name according to the Decision on Establishment or Investment License (if it is a foreign-invested enterprise); Decision on Establishment number or Investment License number.

11.5. The Enforcement Officer must record fully and accurately according to the types of documents specified in Points 11.1, 11.2, 11.3, and 11.4 of this Clause (hereinafter referred to collectively as the documents determining legal status).

12. Methods of implementing the notification of asset seizure and the request for information from the Enforcement Officer

12.1. Submit directly at the Registration Center.

12.2. Send via fax to the Registration Center.

12.3. Send via postal service to the Registration Center. This method applies to Enforcement Officers of Military Enforcement Agencies, District Enforcement Agencies in rural areas, remote and far-flung regions that do not have conditions to submit directly or send via fax.

13. Cases of refusal by the Registration Center

13.1. The Registration Center will refuse to accept the Notification Document regarding asset seizure when there is one of the following grounds:

a) The Notification Document regarding asset seizure does not contain all the declared contents according to the form issued together with this Circular;

b) It is not within the jurisdiction of the Registration Center;

c) When discovering a notification regarding asset seizure that overlaps with a previously accepted document;

d) Requests to change the notified content, requests to correct errors, requests to extend, or requests to delete the notification regarding asset seizure are not in the System Database of the Registration Center.

13.2. The Registration Center will refuse to provide information when there is one of the following grounds:

a) The Document requesting information does not contain all the declared contents according to the form issued together with this Circular;

b) Organizations or individuals required to pay fees when requesting information but have not paid the fee or have not paid the full fee as prescribed.

13.3. The refusal of the Registration Center as stipulated in Points 13.1 and 13.2 of this Clause must be documented, clearly stating the reasons for refusal and guiding organizations and individuals to comply with the regulations.

14. Time limit for handling notifications regarding asset seizure and providing information

The Registration Center is responsible for handling notifications regarding asset seizure and providing information immediately upon receipt of the request document from organizations or individuals or on the same working day; if the Registration Center receives the document after three o'clock in the afternoon, then it must complete the handling on the next working day. In cases where the deadline needs to be extended, it shall not exceed three (03) working days from the date of receipt of the valid documents mentioned above.

15. Fees for notifications regarding asset seizure and fees for providing information

15.1. Notifications regarding asset seizure and verifications about assets intended for seizure by the Enforcement Officer are exempt from fees and charges.

15.2. Organizations and individuals, except for the cases stipulated in Point 15.1 of this Clause seeking information about seized assets, must pay the fee. The fee for providing information about seized assets; collection, management, and use of the fee are implemented according to the Joint Circular No. 03/2007/TTLT-BTC-BTP dated January 10, 2007, of the Ministry of Finance and the Ministry of Justice guiding the collection, management, and use of registration fees and fees for providing information on secured transactions.

II. PROCEDURE FOR NOTIFICATION REGARDING ASSET SEIZURE

1. The Enforcement Officer submits the Notification Document regarding asset seizure according to one of the methods specified in Clause 12 of Section I of this Circular.

2. After receiving the Notification Document regarding asset seizure, the Registration Officer checks and records the time of receipt of the notification (hour, minute, day, month, year), if the document does not fall into any of the refusal cases stipulated in Point 13.1 of Clause 13 of Section I of this Circular.

3. The Registration Officer must promptly enter the declared contents in the Notification Document regarding asset seizure into the System Database. Within the time limit specified in Clause 14 of Section I of this Circular, the Registration Center certifies a copy of the Notification Document regarding asset seizure and delivers it directly to the Enforcement Officer at the Registration Center or sends it via postal service, depending on the request of the Enforcement Officer.

4. If the Registration Center discovers any transactions or contracts registered under the name of the person subject to enforcement during the period from when the Enforcement Officer verifies the assets intended for seizure until the Registration Center receives the Notification Document regarding asset seizure, the Registration Center will notify the Enforcement Officer in writing about these transactions or contracts along with issuing a copy of the Notification Document regarding asset seizure.

III. PROCEDURE FOR CHANGING THE CONTENTS ALREADY NOTIFIED

REGARDING ASSET SEIZURE ENFORCEMENT

1. Within the validity period of the notice on attachment of assets, the Enforcement Officer shall send a Request for Change of Content of the Notice on Attachment of Assets for Execution when there is one of the following grounds:

a) Reducing, replacing, or supplementing assets compared to the number of assets stated in the Notice on Attachment of Assets that the Enforcement Officer has sent to the Registration Center in accordance with the procedures and formalities prescribed in Section II of this Circular;

b) Changing information about the name, address, or number of legal status documents of the person subject to execution;

c) Changing other contents already notified.

2. The sending of the Request for Change of Content of the Notice on Attachment of Assets for Execution shall be carried out in accordance with one of the methods prescribed in Clause 12, Section I of this Circular.

3. After receiving the Request for Change of Content of the Notice on Attachment of Assets for Execution, the Registration Officer shall perform the tasks specified in Clauses 2 and 3, Section II of this Circular.

IV. PROCEDURE AND FORMALITIES FOR EXTENDING THE VALIDITY PERIOD OF THE NOTICE ON ATTACHMENT OF ASSETS FOR EXECUTION

OF THE NOTICE REGARDING THE INVENTORY OF ASSETS FOR ENFORCEMENT PROCEDURES

1. The Enforcement Officer must send a Request for Extension of the Notice on Attachment of Assets for Execution to the Registration Center before the end date of the validity period of the notice on attachment of assets for execution, if at that time the attached assets have not been processed or released from attachment; in case the Registration Center does not receive the aforementioned Request for Extension on the last day of the validity period of the notice, it has the right to automatically delete the notice on attachment of assets for execution.

2. The sending of the Request for Extension of the Notice on Attachment of Assets for Execution shall be carried out in accordance with one of the methods prescribed in Clause 12, Section I of this Circular.

3. After receiving the Request for Extension of the Notice on Attachment of Assets for Execution, the Registration Officer shall perform the tasks specified in Clauses 2 and 3, Section II of this Circular.

V. PROCEDURE AND FORMALITIES FOR CORRECTING ERRORS

1. In case the Enforcement Officer discovers errors in the notice on attachment of assets, they shall send a Request for Correction of Errors in the Notice on Attachment of Assets for Execution according to one of the methods prescribed in Clause 12, Section I of this Circular.

2. After receiving the Request for Correction of Errors in the Notice on Attachment of Assets for Execution, the Registration Officer shall perform the tasks specified in Clauses 2 and 3, Section II of this Circular.

3. In case errors in the System Data are discovered due to the Registration Officer's fault, the Registration Officer must promptly report to the Director of the Registration Center for examination and decision on correcting the information and send a notification document regarding the correction of information to the Enforcement Officer.

VI. PROCEDURE AND FORMALITIES FOR DELETING THE NOTICE

APPROVAL ASSET INVENTORY

1. Within no more than three working days from the date of releasing the attachment of assets or completing the processing of attached assets, the Enforcement Officer must send a Request for Deletion of the Notice on Attachment of Assets for Execution according to one of the methods prescribed in Clause 12, Section I of this Circular.

2. After receiving the Request for Deletion of the Notice on Attachment of Assets for Execution, the Registration Officer shall perform the tasks specified in Clauses 2 and 3, Section II of this Circular.

3. When the validity period of the notice on attachment of assets for execution ends and the Registration Center does not receive a Request for Deletion of the Notice on Attachment of Assets for Execution or a Request for Extension of the Notice on Attachment of Assets for Execution, the Registration Center will automatically delete the notice on attachment of assets for execution.

VII. INFORMATION DISCLOSURE

1. Providing information on assets intended for attachment upon request of the Enforcement Officer for verification of execution conditions

1.1. Before issuing a decision to attach assets, the Enforcement Officer is responsible for verifying in accordance with Clause 1, Article 8 of Decree No. 173/2004/ND-CP at the Registration Center whether the assets intended for attachment to fulfill the obligations of the person subject to execution fall into any of the following cases:

a) Assets currently being used as security for the performance of civil obligations;

b) Assets purchased on credit or installment basis by the person subject to execution where the seller retains ownership;

c) Assets leased for a term of one year or more or financial lease assets;

d) Other cases provided for by law.

1.2. For assets specified in Point 2.1, Clause 2, Section I of this Circular, the Enforcement Officer requests verification of the assets intended for attachment at the Registration Center and submits a Request for Provision of Information to the Registration Center.

The submission of the Request for Provision of Information shall be carried out in accordance with one of the methods prescribed in Clause 12, Section I of this Circular.

1.3. In case there is a ground to refuse provision of information as prescribed in Point 13.2, Clause 13, Section I of this Circular, the Registration Officer shall refuse to provide information and guide the Enforcement Officer to comply with the relevant laws.

1.4. The Registration Center shall issue an Information Provision Document in the name of the person subject to execution to the Enforcement Officer within the time limit prescribed in Clause 14, Section I of this Circular, which may be issued directly at the Registration Center or sent by post, depending on the request of the Enforcement Officer.

2. Providing information on attached assets to organizations and individuals seeking to understand

2.1. Information on attached assets shall be provided to all organizations and individuals seeking to understand within the time limit prescribed in Clause 14, Section I of this Circular.

The person requesting information must pay the information provision fee and submit a request for information provision according to Form No. 08-BD issued together with Circular No. 03/2007/TT-BTP dated May 17, 2007 of the Ministry of Justice on amending and supplementing some provisions of Circular No. 06/2006/TT-BTP dated September 28, 2006 guiding certain issues concerning authority, procedure, and formalities for registration and provision of information on secured transactions at the Registration Center of the National Registration Center for Secured Transactions under the Ministry of Justice.

2.2. The submission of the request for information provision shall be carried out in one of the following ways:

a) Submitting the application directly at the Registration Center;

b) Sending the application through the postal service;

c) Submitting the application by fax. The submission by fax shall only apply to organizations and individuals who are regular customers of the Registration Center.

2.3. Payment for information provision shall be made through one of the following methods:

a) Submitting directly at the Registration Center when the application for information provision is accepted by the Registration Center;

b) Transferring money through postal services and submitting the transfer receipt when submitting the application for information provision;

c) Depositing funds into the account of the Registration Center that receives the application and submitting to the Registration Center the confirmation document of the deposit when submitting the application for information provision;

d) Paying by collection order or payment order through banks, State Treasury, or deducting from the pre-paid amount deposited into the account of the Registration Center, if the person requesting information provision is a regular customer of the Registration Center.

In case of payment by collection order or payment order, the payment for information provision shall be carried out according to the monthly payment notification issued by the Registration Center. Regular customers must pay the full monthly fee for information provision no later than the 25th day of the following month.

2.4. In cases where there is a basis to refuse information provision as guided in point 13.2 clause 13 Section I of this Circular, the Registrar shall refuse to provide information and guide the person requesting information provision to comply with the relevant laws.

VIII. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. This Circular shall be accompanied by templates for notices regarding asset seizure and information provision.

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