Circular No. 08/2018/TT-BTP guiding certain issues regarding registration, provision of information on security measures, contracts, and exchange of registration information on security measures at the National Register of Property Transactions Centers under the Ministry of Justice.

CIRCULAR

Guidelines on certain issues regarding registration, provision of information on security measures, contracts

ensure, the contract and exchange of information on registration of security measures at

Registration Centers for Transactions and Assets under the National Office of Registration of Security Interests under the Ministry of Justice

shall be under the jurisdiction of the Ministry of Justice

_____________________

 Pursuant to the Civil Code dated November 24, 2015;

Pursuant to Decree No. 39/2014/NĐ-CP dated May 7, 2014 of the Government on the operation of financial companies and leasing companies;

Pursuant to Decree No. 102/2017/NĐ-CP dated September 1, 2017 of the Government on registration of security measures;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the National Registration Agency for Security Interests;

The Minister of Justice promulgates this Circular guiding certain issues on registration, provision of information on security measures, contracts; and exchange of information on registration of security measures at Registration Centers for Transactions and Assets under the National Office of Registration of Security Interests under the Ministry of Justice.

PART I

GENERAL PROVISIONS

This Circular guides certain issues on registration, provision of information on security measures, asset lease contracts, financial lease contracts, debt transfer contracts (hereinafter referred to as registration, provision of information on security measures, contracts); and exchange of information on registration of security measures at Registration Centers for Transactions and Assets under the National Office of Registration of Security Interests under the Ministry of Justice.

Article 2. Applicability

1. Registration Center for Transactions and Assets (hereinafter referred to as Registration Center) under the National Office of Registration of Security Interests under the Ministry of Justice.

2. Provincial Enforcement Agency, Municipal Enforcement Agency under the central city, District Enforcement Agency, County Enforcement Agency, Town Enforcement Agency, City Enforcement Agency under the province (hereinafter referred to as Enforcement Agency), Notary Public Office.

4. Individuals, legal entities, other subjects as prescribed by law (hereinafter referred to as individuals, legal entities) requesting registration of security measures, contracts, seeking information on security measures, contracts.

5. Other related individuals, legal entities.

Article 3. Competence of Registration Center in registration and provision of information

1. The Registration Center has the competence to register and provide information on security measures, contracts as prescribed in Article 5 of this Circular.

2. The Registration Center shall carry out registration and provision of information on security measures, contracts upon request of individuals, legal entities throughout the country without regard to administrative boundaries where the Registration Center is located.

Individuals, legal entities have the right to choose one of the Registration Centers to perform registration and provision of information on security measures, contracts in accordance with the provisions of the law.

3. The registration and provision of information on security measures, contracts at the Registration Centers have equal legal effect.

Article 4. Obligation to exchange information on registration of security measures at Registration Centers

1. The Registration Center shall be responsible for sending notice of mortgage of transport means to one of the authorities having the authority to register ownership rights, usage rights, circulation rights of assets as prescribed in Clause 3, Article 2 of this Circular in case the person requesting registration has a request form for notice of mortgage of transport means and pays the fee as prescribed by law.

2. Enforcement officers shall be responsible for sending Notice of Seizure of Execution Assets, Notice of Release from Seizure of Execution Assets being transport means or other chattels, except aircraft and ships to one of the Registration Centers.

On the day of signing the Decision on Seizure of Execution Assets or Release from Seizure of Execution Assets, the Enforcement Agency shall be responsible for sending Notice of Seizure of Execution Assets or Release from Seizure of Execution Assets to the Department of Justice of the province or centrally governed municipality to promptly update the notarization database as prescribed.

3. The exchange of information on the legal status of secured assets at the Registration Centers has equal legal effect.

1. The registration of security measures upon request at the Registration Center includes the following cases:

a) Pledging movable assets, except aircraft and ships, including pledging future movable assets;

b) Retention of ownership in the case of sale of movable assets, except aircraft and ships with retention of ownership;

c) Changing, correcting errors, or canceling the registration of security measures registered under point a and point b of Clause 1 of this Article;

d) Notification documents regarding the disposal of secured assets for security measures that have been registered.

2. Contracts (excluding civil aircraft lease contracts according to laws on aviation, financial leasing contracts for aircraft according to laws on financial leasing, ship lease purchase contracts according to laws on maritime transport, financial leasing contracts for ships not falling within the scope specified in Clause 3 of Article 39 of Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the State Bank of Vietnam on the issuance of licenses, organization, and operation of non-bank credit institutions, contracts related to land use rights and attached assets according to laws on land, housing) may be registered upon request, including:

a) Asset lease contracts with a term of one year or more, or contracts with a lease term of less than one year but the parties agree on extension and the total lease term (including the extended term) is one year or more;

b) Financial leasing contracts according to laws on financial leasing;

c) Contracts transferring debt collection rights, including existing debt collection rights or future debt collection rights;

d) Changing, correcting errors, or canceling the registration of contracts registered under point a, point b, and point c of Clause 2 of this Article.

Article 6. Assets subject to registration of security measures, contracts

Assets for security measures registered at the Registration Center upon request include:

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

2. Fishing boats; inland waterway transportation means.

4. Vietnamese currency, foreign currencies.

5. Contributed capital in enterprises according to business laws.

6. Shares, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks, and other negotiable instruments according to laws, valued in money and permitted for trading; lawful receivables of individuals and legal entities.

a) Property rights arising from copyright, industrial property rights, plant variety rights; debt collection rights; natural resource exploitation rights; compensation rights arising from contracts;

c) Property rights are debt collection rights, payment claims, compensation rights, insurance benefits arising from housing purchase contracts, housing construction investment contracts, joint venture contracts, housing business contracts, housing lease contracts, housing lease-purchase contracts (including social housing) between organizations and individuals or between organizations, individuals, and real estate businesses in housing construction projects according to housing laws; property rights are debt collection rights, payment claims, compensation rights, insurance benefits arising from construction project purchase contracts, investment contracts, joint venture contracts, business contracts, construction project lease contracts, construction project lease-purchase contracts between organizations and individuals or between organizations, individuals, and real estate businesses in construction projects according to real estate business laws;

d) Other property rights as prescribed by laws.

9. Other movable assets as stipulated in Clause 2 of Article 107 of the Civil Code.

10. Housing and other construction works built temporarily without being certified with ownership rights as stipulated in Clause 2 of Article 35 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law such as: temporary assets built during the construction of main works or built with bamboo, thatch, reed, leaf, earth materials; auxiliary works outside the main work area and serving the management, use, and operation of the main work; or other attached assets whose ownership certification is not provided for by law such as: prefabricated steel houses, factory sheds, net houses, film houses; wells; boreholes; water tanks; courtyards; fences; power poles; substations; pumping stations, power generation and transmission systems; household water supply and drainage systems; internal roads and other auxiliary works.

Each individual or legal entity shall be assigned one (01) usage code for the database on security measures by the National Registration Agency under the Ministry of Justice to register security measures and contracts established by such individual or legal entity.

Article 8. The following forms are hereby attached to this Circular:

1. Request Form for Registration of Security Measures and Contracts.

2. Request Form for Modification of Registered Content.

3. Request Form for Correction of Errors.

4. Request Form for Registration of Notification Documents Regarding the Disposal of Secured Assets.

5. Request Form for Deletion of Registration.

6. Request Form for Issuance of Certified Copy of Registration Document.

7. Request Form for Provision of Information on Security Measures and Contracts, and Notice of Attachment of Assets for Enforcement of Civil Judgments.

8. Request Form for PIN Code Issuance.

9. Certificate of Registration of Security Measures and Contracts.

10. Document Providing Information on Security Measures and Contracts, and Notice of Attachment of Assets for Enforcement of Civil Judgments.

11. Notice Document Regarding Attachment of Assets for Enforcement of Civil Judgments.

12. Notice Document Regarding Release of Attachment of Assets for Enforcement of Civil Judgments.

13. Confirmation Document Regarding Exchange of Information on Attachment and Release of Attachment of Assets for Enforcement of Civil Judgments.

14. Request Form for Restoration of Online Registration Results.

15. Request Form for Notification of Pledging of Transportation Means.

16. Appendix Containing Information on Collateral/Pledged Transportation Means.

17. Appendix Listing Parties Involved in Security Measures and Contracts, and Debtors.

18. Appendix Describing Secured Assets and Assets Attached for Enforcement of Civil Judgments Including Motorized Transportation Means but Not Described by Frame Numbers or Other Contents.

19. Appendix Describing Secured Assets and Assets Attached for Enforcement of Civil Judgments According to Frame Numbers of Motorized Transportation Means.

20. Appendix Listing Registered Security Measures and Contracts.

Chapter II

SPECIFIC REGULATIONS ON REGISTRATION OF SECURITY MEASURES AND CONTRACTS

Article 9. Declaration of Information on Request Forms and Interactive Forms of the Online Registration System

a) For Vietnamese citizens, full name and identification number (ID card number or citizen identity card number) must be declared according to the information recorded on the ID card or citizen identity card.

b) For foreign individuals, full name and passport number must be declared according to the information recorded on the passport.

c) For stateless persons residing in Vietnam, full name and permanent residence permit number must be declared according to the information recorded on the permanent residence permit.

d) For sole proprietorships, full name and tax registration number of the sole proprietorship must be declared.

đ) For family households, full name and identification number (ID card number or citizen identity card number) of household members or authorized representatives must be declared.

e) For individual businesses with only one business owner, full name and identification number (ID card number or citizen identity card number) of the business owner must be declared.

In cases where an individual business consists of multiple individuals contributing capital, full name and identification number (ID card number or citizen identity card number) of each individual must be declared.

g) For legal entities established under Vietnamese law and registered for business, full name and tax registration number issued by the tax authority must be declared; if the legal entity is not registered for business, its full name must be declared.

h) For branch offices of legal entities, full name and tax registration number of the branch office must be declared.

i) For organizations established and operating under foreign laws, the name registered with the competent foreign authority must be declared. If the registered name is not in Latin script, the trading name in English must be declared.

k) For other organizations, their full name must be declared.

l) Address of the Debtor.

a) Name of the beneficiary;

b) Address of the Creditor.

3. Information about Vietnamese individuals and legal entities as Debtors and Creditors and Secured Assets must be declared in Vietnamese with tones, except when the Secured Asset has a specific name in a foreign language.

4. The person requesting registration shall declare only the number of contracts and the date of execution of the contract at the "Contract Number" section on the Request Form for Registration or on the Interactive Form of the Online Registration System.

Article 10. Description of Secured Property

1. The description of secured property that is a motor vehicle shall be carried out in accordance with the following guidelines:

a) In cases where the secured property is a motor vehicle and this property has not been registered for ownership rights or circulation rights when such registration is required by law, the person requesting registration shall describe the frame number of the motor vehicle according to the factory release form or customs declaration in case of imported vehicles;

b) In cases where the frame number of the motor vehicle contains special characters (for example: *, #...), the person requesting registration and the person conducting the registration, in addition to declaring the frame number (excluding special characters) on the registration request form or field "frame number" on the interactive electronic form of the online registration system as instructed above, must also fully declare the frame number (including numbers, letters, and special characters) in the "Description of Property" section on the Registration Request Form or the "Description" field on the interactive electronic form of the online registration system.

If the person requesting registration requests notification of the mortgage of the motor vehicle to the authority responsible for registering ownership rights, usage rights, and circulation rights, the person conducting the registration must declare the engine number (if applicable) and license plate number of the motor vehicle.

2. In cases where the secured property is goods circulating during production and business activities, inventory, or property rights, the person requesting registration and the person conducting the registration may describe the property as follows:

a) Name of goods, type, quantity, specific address of the warehouse or other information related to the goods;

b) In cases where the secured property is a motor vehicle and this property is goods circulating during production and business activities or future assets, the person requesting registration and the person conducting the registration do not need to describe the frame number of the motor vehicle on the interactive electronic form of the online registration system, but in the "Description of Property" section on the Registration Request Form or the "Description" field on the interactive electronic form of the online registration system, they must describe the secured property as "goods circulating during production and business activities" or "future assets";

c) 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 information related to the property right in cases where the secured property is a property right.

3. In cases where the secured property is an ancillary structure and this property is not certified with ownership rights on the Certificate of Ownership, in the "Description of Property" section on the Registration Request Form or the "Description" field on the interactive electronic form of the online registration system, the person requesting registration and the person conducting the registration shall describe the secured property as an ancillary structure (for example, "The secured property includes office buildings, parking structures, guard houses...").

4. In cases of registering a notice regarding the disposal of secured property, the person requesting registration shall describe the property in the "Description of Property" section on the Registration Request Form or the "Description" field on the interactive electronic form of the online registration system as follows:

a) In cases of disposing of all secured property, the person requesting registration only needs to declare "Disposal of all secured property";

b) In cases of disposing of part of the secured property, the person requesting registration declares "Disposal of part of the secured property" and declares the portion of the property to be disposed of which has been registered.

5. In cases of registering changes to the content of secured measures already registered, in sections 3.2 and 3.4 on the Registration Request Form or the "Description" field on the interactive electronic form of the online registration system, the person requesting registration and the person conducting the registration shall declare the specific changes (Example: 1. Reduce secured property: 1. Car, brand..., frame number..., engine number..., license plate number...). In cases of registering changes to contents that are not secured property, the phrase "No change to secured property" must be entered and the details of the changes must be clearly stated in the "Description" field on the interactive electronic form of the online registration system (Example: Change guarantor's address, no change to secured property).

6. In cases where a mortgage contract involves multiple secured properties (with more than 50 pages describing the property on A4 paper) and these properties are not motor vehicles, the person conducting the registration may provide a general description or a summary description but must clearly identify the secured property.

Article 11. Signing the registration request form

a) In the case where one of the parties to the security measure, contract does not sign the registration request form, the party requesting registration shall submit the registration request form along with the original or certified copy of the security contract or contract for the Registration Center to keep and compare (one copy).

b) In the case of requesting registration for changes regarding the secured party or reduction of secured assets, registration of notification documents on the disposal of secured assets, cancellation of security measures registration, the registration request form only requires the signature and stamp (if applicable) of the secured party or the person authorized by the secured party to request registration.

c) In the case of cancellation registration where there are multiple secured parties but the cancellation registration request form is signed by only one of the secured parties, it is necessary to submit the authorization document of the secured parties agreeing to cancel the registration or the release notice fully signed by the secured parties together with the cancellation registration request form.

In the case where the secured party does not sign the cancellation registration request form, the cancellation registration request form only requires the signature and stamp (if applicable) of the guarantor and the party requesting registration shall submit the cancellation registration request form along with the agreement document to cancel the security measure registration or the release notice of the secured party (original or certified copy).

Article 12. Payment methods

a) Paying directly at the Registration Center where the registration request form is submitted;

b) Online payment through the online registration system;

c) Transferring money into the account of the Registration Center opened at the State Treasury or at a bank.

3. In the case where a customer fails to fulfill the obligation to pay fees when implementing registration, providing information or does not pay the fee for obtaining a code number to use the database on security measures as stipulated by the law on fees and charges, the National Registration Agency for Security Transactions under the Ministry of Justice will temporarily suspend the code number to use the database on security measures and will reactivate the code number to use the database on security measures only when the customer has paid all the fees. Within three (03) months from the date the code number to use the database on security measures is suspended, if the customer still fails to pay the fees, the National Registration Agency for Security Transactions under the Ministry of Justice will terminate the code number to use the database on security measures.

Article 13. Registration of security measures and contracts; registration of changes to the content of registered security measures and contracts; correction of errors made by the registration authority; registration of notices regarding the disposal of secured assets; cancellation of registration of security measures and contracts

1. In cases where the person requesting registration submits a Registration Request Form and it has been registered but subsequently discovers that the Registration Request Form duplicates a previously registered Registration Request Form, the person requesting registration shall submit a Registration Request Form for cancellation of the duplicate registration requests. The person requesting registration must pay the registration fee for the duplicate registration requests.

In cases where the person requesting registration has specifically declared the quantity of goods circulating during production and business operations or warehouse addresses on the Registration Request Form for security measures or on the Interactive Electronic Form of the online registration system, and the quantity of goods increases or there is a change in the warehouse address compared to the initial description, the person requesting registration shall follow the procedures stipulated in Clause 3, Article 18 and Article 52 of Decree No. 102/2017/NĐ-CP for registering the change.

In cases where the beneficiary requests the cancellation of multiple registered security measures, the person requesting registration only needs to submit one Registration Request Form for Cancellation; authorization document (if applicable); list of registration numbers to be canceled.

Article 14. New registrations when there are changes in the content of registered security measures

1. Situations requiring new registrations when there are changes in the content of registered security measures include:

a) Signing a new guarantee contract to supplement collateral assets;

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

2. Procedures for registering security measures for situations specified in Clause 1 of this Article shall be carried out according to the provisions in Section 5, Chapter II of Decree No. 102/2017/NĐ-CP.

Article 15. Submission of supporting documents in cases where no registration fee is required

1. In cases where the person requesting registration is exempt from paying the registration fee under the law and the Registration Request Form is submitted through direct submission or postal service, they must simultaneously submit one of the documents specified in Clause 1 of Article 12 of Decree No. 102/2017/NĐ-CP.

2. In cases where the person requesting registration is exempt from paying the registration fee under the law and the Registration Request Form is submitted through email or online, after receiving the registration result, the person requesting registration must directly submit or send via postal service one of the documents specified in Clause 1 of Article 12 of Decree No. 102/2017/NĐ-CP along with a copy of the Certificate of Registration of Security Measures and Contracts for the Registration Center to implement the no-fee policy.

3. In cases where the Registration Center discovers that the supporting documents mentioned in Clause 1 of this Article have been tampered with or damaged, the Registration Center will charge the registration fee for security measures in accordance with the law.

Article 16. Archiving registration files

The Registration Center shall store registration files on security measures and contracts through electronic storage methods in accordance with the Law on Archives and Decree No. 01/2013/NĐ-CP dated January 3, 2013, detailing certain provisions of the Law on Archives.

Chapter III

PROVIDE INFORMATION ON SECURITY MEASURES, CONTRACTS,

ASSET LIENS; EXCHANGE INFORMATION ON REGISTRATION OF SECURITY MEASURES

Article 17. Criteria for providing information

Information provision on security measures, contracts, and assets subject to lien shall be carried out based on the following criteria:

Article 18. Methods of exchanging information

1. Information on registration of security measures at the Registration Center; information on seizure of enforcement assets or information on release of seized enforcement assets at the Civil Enforcement Agency shall be sent via one of the following methods:

a) Directly;

b) By postal service;

c) By email;

d) Through an online registration system.

2. Email information exchange shall be conducted after receiving a notification document of the official email address of the department responsible for information exchange and receipt. The electronic document is a digitalized version of the original document, signed and stamped by the information exchange agency, using a file format according to technical standards (PDF).

Article 19. Grounds for refusing to accept information exchange

1. The Registration Center shall refuse to exchange information if there is one of the following grounds:

a) Not within the scope of information exchange as prescribed in Article 20 of this Circular;

b) The method of information exchange does not comply with the provisions of Article 18 of this Circular;

c) The mortgage notification document or the seizure or release of enforcement asset notification document is not fully declared or declared incorrectly according to the model issued together with this Circular.

2. Refusal to accept information must be made in writing immediately upon receipt of the information from the competent authority, clearly stating the reasons for refusal and guidance on compliance with the law. If the information is received after 15:00, the refusal to accept information will be implemented on the next working day.

Article 20. Scope of information exchange

1. Information exchanged by the Registration Center includes:

For individuals, it is the full name and identification document proving their legal status (Identity Card or Citizen Identity Card for Vietnamese citizens; passport for foreigners; residence card for stateless persons residing in Vietnam).

For legal entities, it is the name and tax code issued by the tax authority for Vietnamese enterprises registered under Vietnamese law (business registration); name and tax code registered with the competent foreign authority or trading name in English in cases where the organization's name is not written in Latin characters for organizations established and operating under foreign laws;

c) Date of registration of security measures.

2. Seized assets and related information on seized assets exchanged by the Civil Enforcement Agency in accordance with this Circular include:

a) Exchanged seized assets are those which, according to the law, the Enforcement Officer must notify the Registration Center when issuing a seizure decision and recorded in the seizure record for assets specified in Article 6 of this Circular, except for cases where seized assets have been handed over to individuals or organizations capable of preserving them or have been stored in the Civil Enforcement Agency's warehouse; or the total value of seized assets temporarily calculated by the Enforcement Officer under the minimum wage set by the State is less than 30 months;

b) Related information on seized assets exchanged by the Civil Enforcement Agency includes: Seizure Decision or Release Decision of Seized Enforcement Assets (Date, month, year of Decision; Decision Number); information on the person subject to enforcement (owner of the asset), information on seized assets declared in accordance with Clause 1, Clause 5, Article 9 and Article 10 of this Circular.

Article 21. Declaration of information on the Notification Document regarding the attachment of assets for enforcement or the lifting of such attachment

1. In the section "Person Notifying" of the Notification Document regarding the attachment of assets for enforcement, mark the choice of the person responsible for notifying the attachment of assets in accordance with the provisions of the Civil Enforcement Code.

2. Information about the person subject to enforcement shall be declared in accordance with the guidance provided in Clause 1 of Article 9 of this Circular.

3. Information about the Enforcement Officer performing the notification of asset attachment: Full name; address of the workplace.

Article 22. Receipt and processing of exchanged information

After receiving the document notifying the results of accepting and handling information on secured assets from the Authority registering ownership and circulation rights, the Registration Center shall notify the person requesting registration of the results of accepting and handling information on secured assets.

2. In cases where the Civil Enforcement Authority sends a Notification of Asset Attachment or Lifting of Asset Attachment for Enforcement to the Registration Center through direct delivery, postal service, or email, the Registration Center shall record it in the Register of Information Exchange and Provision on Secured Assets; update the information according to the Notification of Asset Attachment or Lifting of Asset Attachment for Enforcement into the database on security measures and manage the exchanged information documents in accordance with the law.

In cases where the Civil Enforcement Authority sends a Notification of Asset Attachment or Lifting of Asset Attachment for Enforcement to the Registration Center through the online system, the Enforcement Officer shall follow the guidance provided in Article 56 of Decree No. 102/2017/ND-CP.

3. When receiving the Notification Document regarding the attachment of assets for enforcement, if the registration officer discovers transactions or contracts registered under the name of the person subject to enforcement during the period from when the Enforcement Officer verifies the intended attached assets to when the Registration Center receives the Notification Document regarding the attachment of assets for enforcement, then the Registration Center shall notify the Enforcement Officer in writing about those transactions or contracts together with the result of the Notification Document regarding the attachment of assets.

4. In cases where the Enforcement Officer has already sent the Notification Document regarding the attachment of assets for enforcement but later finds that the notification document duplicates a previously issued notification, the Enforcement Officer shall submit a Request Form to delete the notification to the Registration Center or perform the deletion on the interactive form of the online registration system.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from August 4, 2018, and replaces the following Circulars:

1. Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Minister of Justice guiding the registration and provision of online information on secured transactions, contracts, and notifications of asset attachment for enforcement.

2. Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on secured transactions, contracts, and notifications of asset attachment for enforcement via direct delivery, postal service, fax, and email at the Registration Center of Transactions and Assets of the National Registration Department for Transactions under the Ministry of Justice.

3. Circular No. 08/2014/TT-BTP dated February 26, 2014, issued by the Minister of Justice amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on secured transactions, contracts, and notifications of asset attachment for enforcement via direct delivery, postal service, fax, and email at the Registration Center of Transactions and Assets of the National Registration Department for Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Minister of Justice guiding the registration and provision of online information on secured transactions, contracts, and notifications of asset attachment for enforcement.

4. Circular No. 11/2015/TT-BTP dated September 1, 2015, issued by the Minister of Justice amending and supplementing certain articles of Circular No. 08/2014/TT-BTP dated February 26, 2014, issued by the Minister of Justice amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on secured transactions, contracts, and notifications of asset attachment for enforcement via direct delivery, postal service, fax, and email at the Registration Center of Transactions and Assets of the National Registration Department for Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Minister of Justice guiding the registration and provision of online information on secured transactions, contracts, and notifications of asset attachment for enforcement.

Article 24. Transitional Provisions

1. In cases where secured transactions and contracts have been registered before the effective date of this Circular and remain valid, organizations and individuals are not required to re-register these security measures and contracts in accordance with this Circular.

2. In cases where a pledge has been registered before the effective date of this Circular and there is a request to change the registered content, except for the addition of pledged assets; correction of errors made by the registration officer; registration of notifications regarding the disposal of pledged assets; cancellation of pledge registration, such changes shall be processed like other security measures in accordance with this Circular.

Article 25. Responsibilities for Implementation

1. The National Registration Department for Transactions under the Ministry of Justice shall be responsible for guiding the issuance of database codes for security measures to individuals and legal entities making such requests.

2. The National Registry Office for Security Interests under the Ministry of Justice shall be responsible for organizing the registration, provision of information on security measures, contracts, and exchange of information on the registration of security measures at the Registration Centers in accordance with this Circular.

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