Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice guiding issues related to registration, provision of information on secured transactions, contracts, notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions under the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings.

CIRCULAR

Amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure 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, and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings.

 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizures for enforcement proceedings through direct, postal, fax, and email methods at the transaction registration center, assets of the National Office of Secured Transactions under the Ministry of Justice and

Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice

guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizures for enforcement proceedings

assets of the National Registration Agency for Secured Transactions under the Ministry of Justice and

Circular No. 22/2010/TT-BTP dated December 6, 2010, of the Ministry of Justice

guiding the registration and provision of online information on secured transactions,

contracts, and notifications of property seizures for enforcement proceedings

________________________

Based on the Civil Code dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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

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

Pursuant to Decree No. 95/2008/NĐ-CP dated August 25, 2008, promulgated by the Government amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001, promulgated by 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;

On the basis of Decree No. 11/2012/NĐ-CP dated February 22, 2012 of the Government amending and supplementing some articles of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions;

BASED ON 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.

The Minister of Justice hereby promulgates this Circular amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure 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, and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings.

Article 1. Amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure 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.

"2. Company Limited Tan Cang - Petro Cam Ranh (hereinafter referred to as Tan Cang - Petro Cam Ranh Company) is an enterprise directly serving national defense and security, with 100% capital contribution from state-owned enterprises holding 100% of the Charter Capital."

"2. Types of contracts that are not aircraft lease purchase contracts as prescribed by aviation laws, or ship lease purchase contracts of organizations and individuals as prescribed by laws on ship registration and sale, shall be registered, specifically including:

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

2.2. Asset leasing contracts 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 prescribed by laws on financial leasing;

2.4. Contracts transferring claims, including existing claims or future claims;

2.5. Other types of contracts not within the registration authority of the Ship Registration Authority and the Civil Aviation Administration of Vietnam as prescribed by maritime and aviation laws."

2. Amending Clause 6 and supplementing Clauses 6a and 6b of Article 3 as follows:

"6. Property rights arising from copyright, industrial property rights, rights over plant varieties; claim rights; rights to compensation arising from contracts.

6a. Property rights arising from real estate contracts and transactions in accordance with Article 181 of the Civil Code 2005 and Clause 3, Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Property rights arising from house purchase contracts, joint venture construction contracts, and housing business cooperation contracts (including social housing) between organizations and individuals purchasing from real estate businesses according to approved projects; property rights arising from contracts for the sale, contribution, and business cooperation of other assets attached to land; Property rights arising from contracts for the transfer, contribution, business cooperation, and leasing of residential land use rights with infrastructure facilities legally concluded by project investors in accordance with housing laws; Receivables, insurance benefits, and fees collected by investors during investment, business operations, and development of housing construction projects; Benefits derived from the business and exploitation of land use rights or infrastructure facilities on land (income from land plots or infrastructure facilities on land); Other property rights as prescribed by law.

6b. Property rights arising from contracts and transactions related to aircraft and ships in accordance with Article 181 of the Civil Code 2005 and Clause 1 and Clause 2, Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Property rights arising from shipbuilding lease contracts; compensation rights and damage compensation rights arising from aircraft and ship purchase contracts; insurance benefits under insurance contracts for aircraft and ships; income from the exploitation of aircraft and ships; Other property rights as prescribed by law."

3. Amending Clause 1 and abolishing Clause 2 of Article 4 as follows:

"1. The Registration Center has the authority to register and provide information on secured transactions; register and provide information on installment purchase contracts with retention of ownership by the seller, asset leasing contracts, financial leasing contracts, and contracts transferring claim rights; notify asset seizures for enforcement proceedings and provide information on seized assets (hereinafter referred to as registration, notification, and provision of information on secured transactions, contracts, and asset seizures)."

4. Amending Points 1.1, 1.2, 1.3, and 1.6 of Clause 1 of Article 5 as follows:

"1.1. Registering security transactions, contracts, and notifications of attachment according to the order of receipt of registration request forms, notification documents on attachment in the Receipt Book for Registration Request Forms, Notification Documents, and Information Requests; the officer receiving the form records the serial number of the received form at the "application number" section of the "registration authority's record" part in the registration request form."

1.2. Issuing a Certificate of Registration for Security Transactions, Contracts, and Notifications of Attachment of Assets for Enforcement with confirmation from the Registration Center.

1.3. Issuing a certified copy of the Certificate of Registration for Security Transactions, Contracts, and Notifications of Attachment of Assets for Enforcement with confirmation from the Registration Center if requested by individuals or organizations.

1.6. Refusing registration when there is one of the grounds specified in Article 10a of this Circular."

5. Amend Point 2.1 Clause 2 Article 7 as follows:

“2.1. Changes due to errors in declaring the collateral assets or the name of the guarantor, the identification document number confirming the legal status of the guarantor; requests for registering additional collateral assets without signing a new guarantee contract; requests to change the date of signing the guarantee contract; adding subsequent obligations to be secured that were not agreed upon at the time of concluding the guarantee contract.”

6. Add Article 8a as follows:

“Article 8a. Description of Collateral Assets

1. The person requesting registration, enforcement officer shall describe the asset accurately according to the declaration guidance on the registration request form, notification document on attachment of assets for enforcement.

2. In cases where the collateral asset is a motor vehicle, inland waterway vessel, railway transport vehicle (hereinafter referred to as motor vehicles), and such asset is not circulating goods in the production and business process or is not future assets, the person requesting registration, enforcement officer shall accurately describe the chassis number of the motor vehicle on the registration request form. Each chassis number of the motor vehicle corresponds to one serial number field on the Registration Request Form.

If the chassis number of the motor vehicle contains special characters (for example: asterisk; hash...), the person requesting registration, enforcement officer shall fully describe the chassis number (numbers, letters, and special characters) in the "Asset Description" field on the registration request form.

3. In cases where the asset description in the registration request form or notification document on the handling of collateral assets, the person requesting registration shall only declare the assets to be handled as described in the initial registration request form (or changed registration form containing such asset) and accurately declare the serial number of that registration request form.

4. In cases where the collateral asset is circulating goods in the production and business process, inventory, or property rights, the person requesting registration may describe the asset as follows:

4.1. Name of goods, type, quantity, specific address of warehouse or other information related to the goods in cases where the collateral asset is circulating goods in the production and business process or inventory;

4.2. Specific name of property right, legal basis for the creation of the property right, monetary value of the property right (if any) or other information related to the property right in cases where the collateral asset is a property right.”

7. Add Clause 3 Article 9 as follows:

“3. In cases where the secured party does not sign the request for cancellation of registration, the request for cancellation of registration only requires the signature, seal (if any) of the guarantor and the person requesting registration to submit the original or certified copy of the document agreeing to cancel the registration of the security transaction or the notification of release of collateral issued by the secured party together with the request for cancellation of registration.”

8. Add Article 10a as follows:

“Article 10a. Refusal to Register Security Transactions, Contracts, and Notifications of Attachment of Assets for Enforcement, Refusal to Send Notification of Pledging Motor Vehicles

1. The Registration Center refuses to register security transactions, contracts, and notifications of attachment of assets for enforcement when there is one of the following grounds:

a) The secured property does not fall within the jurisdiction of the Registration Center;

b) The registration request form is invalid due to incomplete or incorrect declaration by the person requesting registration for mandatory items on the registration request form according to the declaration guidelines;

c) The description of collateral assets does not comply with the provisions of Clauses 1, 2, and 3 of Article 8a of this Circular;

d) Failure to pay the registration fee, information provision fee, and regular customer service fee as prescribed by law;

đ) Requests for changing registration, registering notification documents on the handling of collateral assets, correcting errors for cases that have been canceled or not registered for such transactions;

e) The declared assets on the registration request form are unclear, not declared in Vietnamese with tones, leading to the inability to determine the type of collateral asset, except in cases where the collateral asset has a foreign language name;

g) The person requesting registration uses the regular customer code of another organization or individual, except in cases where the person requesting registration is authorized to perform the registration of security transactions;

h) Enforcement officers, civil execution agencies have issued documents requesting a temporary suspension or cessation of registration for collateral assets where the guarantor is a person subject to enforcement under Clause 1 of Article 178 of the Civil Execution Law 2008.”

2. The Registration Center shall not send notifications regarding the mortgage of motor vehicles in cases where the request for notification of the mortgage of motor vehicles does not fully provide information on motor vehicles according to the Model issued together with Circular Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA dated November 5, 2013 of the Ministry of Justice, the Ministry of Transport, the Ministry of Natural Resources and Environment, and the Ministry of Public Security guiding the exchange and provision of information on collateral assets between the registration authority for security transactions and organizations practicing notarization, civil enforcement agencies, and registration authorities for ownership rights, usage rights, and circulation rights of assets (hereinafter referred to as Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA).

9. Repeal Point 1.2 and amend Point 1.3 Clause 1, amend Clause 2, repeal Clause 3 Article 12 as follows:

“1.3. Payment through the State Treasury for collection agency services or payment from temporarily deposited funds already transferred into the account of the Registration Center.

The submission of registration fees and information provision fees via collection agency services or payment agency services shall be carried out according to monthly payment notices. Customers must pay the full monthly registration fees and information provision fees no later than the 28th day of the following month.

2. Customers who do not regularly perform payments of registration fees and information provision fees according to the method prescribed in Point 1.1 Clause 1 of this Article.

10. Supplement Articles 12a, 12b, 12c, 12d, 12đ, 12e, and 12f as follows:

"Article 12a. Request for issuance of customer code for regular users

1. Organizations and individuals requesting issuance of a customer code for regular users shall submit one (01) set of documents either directly or by mail to the National Registration Authority for Security Transactions.

a) Application Form for Regular Customer (01 original copy)

a) A request form for registration as a regular user (one original copy);

b) A certified copy (one copy) of one of the legal identity documents issued by the competent authority such as: Identity Card (applicable to individuals); Business Registration Certificate, License for Establishment and Operation, Investment Permit, or Decision on Establishment (applicable to organizations).

In case of direct submission, organizations and individuals only need to submit one copy and present the original legal identity document for verification.

2. Within one day from the date of receiving valid documents, the National Registration Authority for Security Transactions shall issue a customer code for regular users and notify the organization or individual directly or by mail. The issuance of a customer code for regular users shall be conducted simultaneously with the issuance of an online registration account.

3. In case of a request for reissuance of a customer code for regular users and an online registration account, the regular user must submit a written request to the National Registration Authority for Security Transactions for reissuance of the customer code for regular users and the online registration account that has been issued.

Article 12b. Authorization to use customer code for regular users

1. Regular users shall submit a written request for authorization to use their customer code for regular users (one original copy) by mail or directly to the National Registration Authority for Security Transactions; in case of direct submission, regular users only need to submit one copy and present the original authorization document for verification.

2. Both the regular user and the authorized party must pay the service fee for regular users as stipulated.

3. Within one day from the date of receipt of the regular user's written request, the National Registration Authority for Security Transactions shall notify the result in writing by mail and email to the regular user; notify by email to the Registration Centers for transactions and assets regarding the authorization to use the customer code for regular users.

4. When there is a request to terminate the authorization, the regular user shall submit a written request to terminate the authorization (one original copy) by mail or directly to the National Registration Authority for Security Transactions; in case of direct submission, the regular user only needs to submit one copy and present the original for verification.

Within one day from the date of receipt of the written request to terminate the authorization or from the date when the regular user and the authorized party fail to pay the service fee for regular users as stipulated, the National Registration Authority for Security Transactions shall notify in writing by mail and email to the regular user; notify by email to the Registration Centers for transactions and assets regarding the termination of the authorization to use the customer code for regular users.

Article 12c. Amendment of Information on Regular Customers

1. In cases where there are changes in name, address, or identification documents for legal status, regular customers must submit an application dossier to amend information on regular customers through direct submission or mailing via postal service to the National Registration Agency for Secured Transactions.

2. The application dossier for amending information on regular customers includes:

a) An application form for registration amendment (one original copy);

b) Identification documents for legal status as stipulated at point b, Clause 1, Article 12a of this Circular to prove the change or error in declaration.

3. Within one day from the date of receipt of a valid application dossier for amending information on regular customers, the National Registration Agency for Secured Transactions shall be responsible for updating the amended information on regular customers.

Article 12d. Refusal to Issue Regular Customer Code

1. Situations where the issuance of a regular customer code will be refused include:

a) The application form for regular customer registration does not comply with the model issued by the Ministry of Justice;

b) The application dossier for issuing a regular customer code lacks any of the types of documents prescribed in Clause 1, Article 12a of this Circular.

2. Within one day from the date of receipt of the application dossier for issuing a regular customer code, if there is any basis for refusal, the National Registration Agency for Secured Transactions shall send a refusal notice via postal service to the applicant, clearly stating the reasons for refusal and guiding the applicant to comply with legal regulations.

Article 12đ. Suspension of Use of Regular Customer Code

1. The suspension of use of a regular customer code shall be applied in the following situations:

a) At the request in writing of Registration Centers for transactions, assets due to the regular customer's failure to pay registration fees and information provision fees as prescribed;

b) The regular customer fails to pay regular customer service usage fees as prescribed;

c) The regular customer violates the rules for using the regular customer code;

d) The regular customer allows another individual or organization to use the regular customer code without complying with the provisions of Article 12b of this Circular;

đ) At the request in writing of the regular customer.

2. Within one day from the date of occurrence of any of the bases prescribed in Clause 1 of this Article, the National Registration Agency for Secured Transactions shall implement the suspension of use of that regular customer code.

3. In cases where the regular customer submits a written request for suspension of use of the regular customer code before the National Registration Agency for Secured Transactions issues a notice regarding the payment of regular customer service usage fees as prescribed by law, then the regular customer does not have to pay the regular customer service usage fee for that year.

If the regular customer submits a written request for suspension of use of the regular customer code after the National Registration Agency for Secured Transactions has issued a notice regarding the payment of regular customer service usage fees as prescribed by law, then the regular customer must pay the regular customer service usage fee for that year.

Article 12e. Reactivation of Regular Customer Code

1. Reactivation of regular customer code shall be carried out in the following cases:

a) The regular customer has fully paid the registration fee, information provision fee, and regular customer service usage fee in accordance with the provisions of the law;

b) The regular customer has a written commitment not to continue violating the regulations on using the regular customer code;

c) The regular customer has completed the authorization for another organization or individual to use the regular customer code in accordance with the procedures stipulated in Article 12b of this Circular;

d) The regular customer has a written request for reactivation of the regular customer code after having requested a temporary suspension of the regular customer code usage.

2. Within one day from the date the customer proves to have one of the grounds specified in Clause 1 of this Article, the National Registration Center for Secured Transactions shall immediately carry out the reactivation of the regular customer code.

Article 12f. Suspension and Reactivation of Regular Customer Code

1. Suspension of regular customer code shall be carried out in the following cases:

a) The regular customer has a written request to suspend the use of the regular customer code after fulfilling all obligations as prescribed by the law;

b) The regular customer fails to pay the regular customer service usage fee for twelve consecutive months from the date the National Registration Center for Secured Transactions issues a notification about the arrears in the regular customer service usage fee;

c) After three months from the date of temporary suspension of the regular customer code usage as stipulated in Article 12e of this Circular, the customer still does not have a need to reactivate the regular customer code.

2. The National Registration Center for Secured Transactions shall reactivate the regular customer code that has been suspended after the customer completes the procedures prescribed in Article 12a of this Circular.

11. Amend Point 2.1 and 2.3 Clause 2, and amend Clause 4 Article 13 as follows:

“2.1. Check the information declared on the registration request form and notification letter. In case the registration request form and notification letter do not fall under any of the refusal cases stipulated in Article 10a of this Circular, the officer receiving the form shall record the serial number of the received form at the "registration number" section of the "registration authority's record" part in the registration request form; the time of receiving the registration request form, the time of receiving the notification letter (hour, minute, day, month, year) shall be recorded in the Register of Received Registration Request Forms, Notification Letters, and Information Provision Requests; issue a Receipt of Result Delivery to the person requesting registration, Enforcement Officer if the registration request form, notification letter, and information provision request are submitted directly.

2.3. Deliver the Certificate of Registration of Secured Transaction, Contract, Notice of Asset Seizure for Execution, and the Registration Request Form stamped with the Registration Center's counterfoil seal to the person requesting registration, Enforcement Officer according to one of the methods prescribed in Article 19 of Decree No. 83/2010/NĐ-CP.”

4. In case the person requesting registration, Enforcement Officer discovers that the registration request form or notification letter duplicates a previously registered request form or notified notification letter, then the person requesting registration, Enforcement Officer shall submit one (01) copy of the registration cancellation request form or notification cancellation request letter to the Registration Center.

The person requesting registration must pay the registration fee for duplicate registration requests.

The procedure for cancellation of registration and notification cancellation shall be implemented in accordance with the guidance provided in Clause 1 and Clause 2 of Article 17 of this Circular.

12. Amend Clause 2 Article 14 as follows:

“2. After receiving the registration request form, the person responsible for registration shall perform the tasks as guided in Clause 2 of Article 13 of this Circular.

The Registration Center shall send one copy of the Certificate of Registration of Secured Transaction, Contract, Notice of Asset Seizure for Execution, confirmed by the Registration Center regarding the handling of the secured party's assets to the parties jointly securing the asset of the secured party, the seller of deferred payment goods, the gradual payment seller, the lessor of the secured party, the financial lessor of the secured party, and the assignee of the secured party's claim according to the address retained in the database.”

13. Repeal Point 1.3 Clause 1 and amend Clause 4, supplement Clause 5 Article 15 as follows:

“4. In case of changing the name of the secured creditor or changing the secured creditor in multiple registered secured transactions, the person requesting registration may submit one (01) set of application documents for changing the name or changing the secured creditor for all these secured transactions. The change registration application includes:

4.1. Application form for changing registered content;

4.2. Power of attorney (if any);

4.3. List of registration request numbers requiring change registration.

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

5. In case the person requesting registration has declared a specific quantity of goods circulating during production and business operations on the secured transaction registration request form and the quantity of goods increases compared to the initial description, the person requesting registration shall proceed with the change registration according to the procedures prescribed in this Article.”

14. Add Article 15a as follows:

“Article 15a. Cases of New Registration When There Is a Change in Information About the Content of Registered Secured Transactions

1. Cases of new registration when there is a change in information about the content of registered secured transactions include:

a) Signing a new guarantee contract to supplement collateral;

b) Changing the contract number and the signing date of the guarantee contract.

2. The registration procedure for secured transactions in cases stipulated in Clause 1 of this Article shall be carried out in accordance with the provisions of Article 13 of this Circular.”

15. Amend Clause 3, supplement Clause 4 and Clause 5 Article 17 as follows:

“3. After receiving the registration cancellation request form and notification cancellation request letter, the person responsible for registration shall follow the guidance provided in Clause 2 of Article 13 of this Circular.

4. In cases where registration cancellation involves information about one of the parties or the parties involved in the security transaction or contract that does not match the information stored in the Database, the person requesting registration shall simultaneously carry out the procedures for changing the registered content along with the cancellation of the security transaction or contract registration.

The procedure for changing the registered content shall be carried out in accordance with Article 15 of this Circular, and the cancellation registration procedure shall be carried out in accordance with the guidance provided in Clause 3 of this Article.

5. In cases where the secured party requests the cancellation of multiple registered security transactions, the person requesting registration shall submit one (01) set of cancellation registration request documents for all such security transactions. The cancellation registration documents include:

5.1. A request for cancellation registration form;

5.2. An authorization letter (if applicable);

5.3. A list of registration forms to be canceled.

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

16. Supplement Article 17a as follows:

"Article 17a. Procedure for Notifying the Pledge of Motor Vehicles

If the person requesting registration has a written request to notify the pledge of motor vehicles and pays the fee for obtaining a copy of the certificate of security transaction registration as stipulated in Article 12 of this Circular, the Registration Center shall be responsible for sending a notification of the pledge of motor vehicles (initial registration, change registration, or cancellation of registration) to the agency responsible for registering ownership and circulation rights of assets in accordance with Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA after completing the security transaction registration."

17. Amend Clause 1, abolish Point 3.1, and amend Point 3.2 of Clause 3 of Article 18 as follows:

"1. The person requesting registration shall send the registration request form, and the Enforcement Officer shall send the notice of asset seizure for enforcement through email in the form of attached data (image file format). In cases where the registration request form and the notice of asset seizure for enforcement are in character data format (text file format), the person requesting registration and the Enforcement Officer shall also send the text file format via email.

In cases where the registration request form and the notice of asset seizure fall under any of the refusal circumstances specified in Article 10a, the registration officer shall refuse registration through the email sent the registration request form and the notice of asset seizure, and guide the person requesting registration to comply with the relevant legal provisions.

3.2. Deliver the registration result in accordance with Point 2.3 of Clause 2 of Article 13 of this Circular."

18. Supplement Article 18a as follows:

"Article 18a. Storage of Security Transaction Registration Documents, Contracts, and Asset Seizure Notifications

1. The Registration Centers shall store security transaction registration documents, contracts, and asset seizure notifications electronically in accordance with the provisions of Government Decree No. 01/2013/NĐ-CP dated January 3, 2013, detailing the implementation of certain articles of the Law on Archives.

2. When a security transaction registration request, contract, or asset seizure notification submitted directly, via email, fax, or postal service has been processed, the archivist shall be responsible for backing up the entire file onto the storage hard drive in chronological order by date, month, and year, and adding the code letters E (email), F (fax), B (postal service), T (direct submission) at the beginning of the registration request form number for easy management and retrieval."

19. Amend Clause 1 and Clause 2 of Article 19 as follows:

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

2. Enforcement Officers have the right to request information on assets intended for seizure before making a seizure decision based on the search criteria specified in Article 20 of this Circular before issuing the seizure decision."

20. Amend Clause 2 of Article 23 as follows:

"2. For organizations and individuals who were recognized as regular customers prior to the effective date of this Circular, the National Registry of Security Transactions shall be responsible for reviewing, compiling, and notifying the customer codes to these organizations and individuals to facilitate the registration of security transactions, contracts, and asset seizure notifications in accordance with the guidelines of this Circular."

Article 2. Amending and supplementing some articles of Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding registration and provision of information on online secured transactions, contracts, and announcements of asset seizures for enforcement.

1. Amend Article 1 as follows:

"This Circular guides certain issues regarding the registration and provision of information on secured transactions, installment purchase contracts with retention of ownership by the seller, lease contracts, financial lease contracts, and debt transfer contracts, announcements of asset seizures for enforcement, and the provision of information on seized assets through the online registration system of the National Registration Agency for Secured Transactions under the Ministry of Justice."

2. Amend Point e, and supplement Point e1 and Point e2 of Clause 2, Article 2 as follows:

“e. Property rights arising from copyright, industrial property rights, rights over plant varieties; claims; rights to compensation arising from contracts.”

e1. Property rights arising from contracts and transactions concerning real estate in accordance with Article 181 of the Civil Code 2005 and Clause 3 of Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Property rights arising from house purchase contracts, contracts for capital contribution to build houses, joint venture contracts for housing (including social housing) between organizations and individuals purchasing from real estate businesses according to approved projects by competent authorities; property rights arising from contracts for the sale, capital contribution, and joint venture of other assets attached to land; property rights arising from contracts for the transfer, capital contribution, joint venture, and leasing of residential land use rights with infrastructure attached, legally concluded by project investors in accordance with laws on housing; receivables, insurance benefits, and fees collected by investors during investment, business, and development of construction projects; profits obtained from operating and exploiting the value of land use rights or infrastructure on land (income from the plot of land or infrastructure on land); other property rights as prescribed by law.

e2. Property rights arising from contracts and transactions concerning aircraft and ships in accordance with Article 181 of the Civil Code 2005 and Clauses 1 and 2 of Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Property rights arising from shipbuilding lease contracts; compensation rights and damage compensation rights arising from aircraft and ship purchase contracts; insurance benefits under insurance contracts for aircraft and ships; income from operating aircraft and ships; other property rights as prescribed by law."

3. Amend Article 3 as follows:

"Article 3. Cases for online registration of contracts

Contracts that are not civil aircraft lease purchase contracts under aviation laws, or lease purchase contracts for foreign ships by Vietnamese organizations and individuals under laws on ship registration and sale shall be registered, specifically:

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

2. Lease contracts with terms of one year or more as stipulated in Clause 2 of 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;

3. Financial lease contracts as prescribed by laws on financial leasing;

4. Debt transfer contracts, including existing claims or future claims;

5. Other types of contracts not within the registration authority of the Ship Registration Authority and the Vietnam Civil Aviation Administration under maritime and aviation laws."

4. Amend Clause 2 of Article 5 as follows:

“2. Cases for registering changes due to errors in declaring assets or the name of the guarantor, buyer, leased asset user, financial lessor, debtor transferring claims, person subject to enforcement (hereinafter referred to as the guarantor), the identification number of the guarantor; requests to register additional collateral without signing a new guarantee contract; requests to change the date of conclusion of the guarantee contract; adding subsequent obligations guaranteed which were not agreed upon at the time of concluding the guarantee contract, then the registration date shall be determined in accordance with Point c, Clause 2, Article 7 of Government Decree No. 83/2010/NĐ-CP dated July 23, 2010 on registration of secured transactions.”

5. Repeal Clause 1, 2, and 3, and amend Clause 4 of Article 6 as follows:

“4. The online registration account is issued simultaneously with the issuance of the customer code under the procedures prescribed in Article 12a of this Circular. The National Registration Agency for Secured Transactions shall issue regulations on the issuance, management, and use of customer codes and online registration accounts.”

6. Repeal Clause 2 and Clause 3 of Article 7.

7. Amending Article 8 as follows:

"Article 8. Cases where online registration has no legal effect

1. Online registration shall have no legal effect in the following cases:

a) The secured property does not fall within the jurisdiction of the Registration Center;

b) The declaration on the registration request form interface is invalid due to incomplete or incorrect declaration by the registrant in accordance with the declaration guidelines set out in Article 14 of this Circular;

c) The description of the secured property does not comply with Clause 1, 2, 3 of Article 15 of this Circular;

d) The declared assets on the registration request form interface are unclear or not declared in Vietnamese with tones, leading to the inability to determine the type of collateral, except when the name of the collateral is a specific name in a foreign language;

đ) Enforcement officers or civil enforcement agencies request a temporary suspension or cessation of registration for collateral where the guarantor is a person subject to enforcement in accordance with Clause 1 of Article 178 of the Civil Enforcement Law 2008;

e) Not describing the collateral in the "Description of Asset" field or the "Frame Number" field on the registration interface, but attaching files about the collateral or other documents in the "Description of Asset" section, except when the attached file is a notification request for the mortgage of motor vehicles."

2. The Registration Center shall refuse to accept notifications regarding the mortgage or release of mortgages on transportation vehicles on the Online Registration System in cases where the notification request for mortgaging transportation vehicles does not fully provide the required information about the transportation vehicle according to the Model issued together with Circular Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA dated November 5, 2013, of the Ministry of Justice, the Ministry of Transport, the Ministry of Natural Resources and Environment, and the Ministry of Public Security guiding the exchange and provision of information on collateral assets between the registration authority for security transactions and organizations practicing notarization, civil enforcement agencies, and authorities registering ownership rights, usage rights, and circulation rights of assets (hereinafter referred to as Circular Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA).

8. Repeal point b, c of Clause 1, amend point d of Clause 1, and amend Clause 2 of Article 9 as follows:

“d) Payment through the State Treasury for collection agency payments or payment from temporarily deposited funds into the account of the Registration Center.”

The submission of registration fees and information provision fees via collection agency services or payment agency services shall be carried out according to monthly payment notices. Customers must pay the full monthly registration fees and information provision fees no later than the 28th day of the following month.

2. For infrequent customers who pay registration fees and information provision fees in accordance with the method prescribed in point a of Clause 1 of this Article.

9. Amend point a and repeal point b of Clause 2 of Article 12 as follows:

“a) If organizations or individuals choose to make payments according to the method stipulated in point a of Clause 1 of this Circular, they must use the payment receipt to access the online registration system.”

10. Amend Clause 1 and Clause 2, supplement Clauses 3, 4, 5, and 6 of Article 15 as follows:

“1. The person requesting registration and the enforcement officer must describe the asset according to the guidance provided on the registration interface, the notification form for the seizure of assets for enforcement, and may not attach files related to the collateral asset or other documents, except when the attached file is a notification request for the mortgage of motorized transportation vehicles.

2. In cases where the collateral asset is a motorized transportation vehicle and it is not a circulating product in the production or business process or a future asset, the person requesting registration and the enforcement officer must accurately fill in the chassis number of the motorized transportation vehicle in the "Chassis Number" field on the online registration application interface. Each chassis number of a motorized transportation vehicle corresponds to a separate serial number field on the online registration application interface.

In cases where the chassis number of a motorized transportation vehicle contains special characters that cannot be entered into the "Chassis Number" field on the online registration application interface (for example: asterisk; hash...), the person requesting registration and the enforcement officer must fully describe the chassis number (including numbers, letters, and special characters) in the "Asset Description" field on the online registration application interface.

3. When describing the asset in the registration application for the notification of the handling of collateral assets, the person requesting registration only declares the asset that needs to be handled as described in the initial registration application (or in a changed registration application containing that asset) and accurately fills in the registration application number.

4. In cases where the collateral asset is circulating goods in the production and business process, inventory, or property rights, the person requesting registration may describe the asset as follows:

a) The name of the goods, type, quantity, specific address of the warehouse, or other relevant information about the goods in cases where the collateral asset is circulating goods in the production and business process or inventory;

b) The specific name of the property right, legal basis for the creation of the property right, monetary value of the property right (if applicable), or other relevant information about the property right in cases where the collateral asset is a property right.

5. When making changes to the registered mortgage content on the Online Registration System for cases involving the addition or reduction of collateral assets, the person requesting registration must delete the asset description in the "Asset Description" field or the "Chassis Number" field (for motorized transportation vehicles) and only describe the changed asset information on the registration application interface or the notification form for the seizure of assets for enforcement.

6. When making changes to the registered mortgage content on the Online Registration System for cases involving changes to the guarantor or beneficiary without changing the collateral asset, the person requesting registration must enter the changed information about the guarantor or beneficiary and remove the asset information in the "Asset Description" and "Chassis Number" fields (if applicable), and simultaneously enter the information: "No change to the collateral asset" in the "Asset Description" field on the registration application interface.

11. Amend Clause 2 and Clause 4 of Article 16 as follows:

“2. The Certificate of Registration of Security Transactions, contracts, and notifications of the seizure of assets for enforcement, with confirmation from the Registration Center and detailed registration forms stamped with the Registration Center's seal, will be sent by the Registration Center to the person requesting registration or the enforcement officer via one of the methods specified in Article 19 of Decree No. 83/2010/NĐ-CP based on the name and address of the person requesting registration or the enforcement officer stored in the Database of Security Transactions.”

“4. The Certificate of Registration of Security Transactions, contracts, and notifications of the seizure of assets for enforcement, or copies thereof, issued by any Registration Center have equal legal validity.”

12. Amend Clause 2, supplement Clauses 3, 4, and 5 of Article 18 as follows:

“2. In cases of cancellation of registration results, the Registration Center will not send the Certificate of Registration of Security Transactions, contracts, and notifications of the seizure of assets for enforcement, but will only send a Notification of Cancellation of Registration Results via postal service to the address of the person requesting registration or the enforcement officer stored in the Database of Security Transactions.”

3. In the case where the initial registration request form falls under the circumstances for cancellation as stipulated in this Article, but subsequently the organization or individual continues to submit a registration change request form regarding the aforementioned initial registration request form, the Registration Center shall simultaneously cancel both the initial registration and the subsequent registration change.

4. The person requesting registration has the right to provide their email address to the Registration Center to be informed about the results of the registration of secured transactions, contracts, and notifications of asset seizure for enforcement before receiving the cancellation notification document.

5. The Registration Center is responsible for immediately notifying the person requesting registration about the cancellation of the registration results of secured transactions, contracts, and notifications of asset seizure for enforcement via the email address provided by the person requesting registration.

13. Supplement Article 18a as follows:

"Article 18a. Restoration of data in cases where the registration results of secured transactions have been canceled without complying with the bases prescribed by law

1. When discovering that the registration results of secured transactions have been canceled without complying with the bases prescribed by law, the person requesting registration has the right to request the Registration Center to restore the canceled registration results of secured transactions.

The document requesting restoration of the registration results of security transactions that have been canceled shall be sent to the Registration Center through direct delivery, postal service, fax, or email.

2. Within the limit of 01 day from the date of receipt of the document requesting restoration of the canceled registration results of secured transactions, the Registration Center is responsible for coordinating with the Department managing the database on secured transactions to restore the registration data and issue the Certificate of Registration of Secured Transactions for the person requesting registration if the cancellation of the registration results of secured transactions does not comply with the bases prescribed by law.

If the Registration Center fails to restore the registration data within the time limit specified in Clause 1 of this Article, the person requesting registration has the right to lodge a complaint about the cancellation of the registration results of secured transactions to be resolved in accordance with the law on complaints.

3. In cases where the Registration Center cancels the registration results without complying with the bases prescribed by law, causing damage to the person requesting registration, it must compensate for the damage in accordance with the provisions of the law."

14. Supplement Article 18b as follows:

"Article 18b. Notification of the mortgage of motor vehicles in cases of online registration of secured transactions, contracts, and notifications of asset seizure for enforcement

In cases where the person requesting registration requests the Registration Center to notify the pledge of motor vehicles, the following procedures shall be implemented:

1. The person requesting registration sends the Request for Notification of Mortgage of Motor Vehicles to the Registration Center in the form of attached data (image file format) in accordance with Clause 1 of Article 15 of this Circular on the online registration request interface.

2. After receiving the Request for Notification of Mortgage of Motor Vehicles, the Registration Center sends the Notification of Mortgage of Motor Vehicles to the authority registering ownership, usage rights, and circulation rights of assets in accordance with the guidance provided in Article 10 of the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA."

15. Amend Clause 2 of Article 19 as follows:

"2. Requests for information confirmed by the Registration Center to serve as evidence for the rights and legitimate interests of organizations and individuals related to the collateral assets."

16. Supplement Article 12a as follows:

"Article 22a. Archiving of registration files for secured transactions, contracts, and notifications of asset seizure

1. Registration files for secured transactions, contracts, and notifications of asset seizure are stored electronically in accordance with the provisions of Government Decree No. 01/2013/NĐ-CP dated January 3, 2013, detailing the implementation of certain articles of the Law on Archives.

2. When an online registration request for secured transactions, contracts, and notifications of asset seizure has been completed, the archivist is responsible for backing up the entire file onto the hard drive used for storage in chronological order by date, month, and year, and adding the character TT at the beginning of the registration request number sequence for ease of management and retrieval."

17. Repeal Clause 1 of Article 24

Article 3. Implementation Provisions

1. This Circular takes effect from April 15, 2014.

2. This Circular promulgates the model form for the request to restore the results of secured transaction registration.

3. Transitional Provisions

a) The Registration Centers are responsible for accepting and processing registration requests, providing information on secured transactions, contracts, and notifications of asset seizure for enforcement within their administrative boundaries as decided by the Minister of Justice to best meet the needs of organizations and individuals and ensure the effectiveness of the secured transaction registration system.

b) In cases where a customer code and online registration account have not yet been issued, individuals and organizations shall follow the procedures stipulated in this Circular.

4. Responsibility for implementation

a) The National Registry of Secured Transactions is responsible for answering and guiding the registration, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement through direct, postal, fax, email, and online methods in accordance with this Circular.

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