Decree No. 102/2017/NĐ-CP on Registration of Security Measures

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 102/2017/NĐ-CP	Hanoi, September 1, 2017

DECREE

ON THE REGISTRATION OF SECURITY MEASURES

Pursuant to the Law on Government Organization dated June 19, 2015

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated December 11, 2014;

Pursuant to the Law on Protection and Development of Forests dated December 3, 2004

At the proposal of the Minister of Justice;

The Government promulgates this Decree on the registration of security measures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates procedures for registering security measures, providing information on security measures using assets (hereinafter referred to as registration and provision of information on security measures); state management over the registration of security measures.

Article 2. Applicability

1. Individuals and legal entities may request the registration of security measures, seek information on security measures.

Households may request the registration of security measures, seek information on security measures in accordance with the Civil Code.

2. Authorities responsible for registering and providing information on security measures are also authorities responsible for state management over the registration of security measures.

3. Other individuals and legal entities related.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Registration of security measures is the act of the registration authority recording in the registration book or entering into the database the fact that the guarantor uses assets to guarantee the performance of obligations to the beneficiary;

2. The registration book is the Land Registry Book or the Mortgage Register for future real estate attached to land for security measures involving land use rights, real estate attached to land, the Vietnam Aircraft Register for aircraft security measures, the National Ship Register of Vietnam for ship security measures, or other books as prescribed by law;

3. The database on security measures is a collection of information on registered security measures retained by the registration authority;

4. The national database system on security measures is a system of information on security measures using various types of assets registered throughout the country;

The database usage code for security measures is a series of numbers and online registration account (including username and password) issued to individuals and legal entities for online registration of security measures;

5. A valid registration file is a file containing a registration request form and other valid documents, or a valid registration request form when the law stipulates that the registration file only needs to contain the registration request form;

6. A valid registration request form is a form fully and correctly filled out according to the prescribed model.

Article 4. Cases for Registration

1. The following security measures must be registered:

a) Mortgage of land use rights;

b) Mortgage of immovable property attached to land where such property has been certified as ownership on the Certificate of Right to Use Land, Ownership of House and Other Immovable Property Attached to Land;

c) Pledge of aircraft, mortgage of aircraft;

d) Mortgage of ships.

2. The following security measures may be registered upon request:

a) Mortgage of movable property other than real estate;

b) Mortgage of future real estate attached to land;

c) Retention of ownership in cases of sale of real estate attached to land, future real estate attached to land; sale of aircraft, ships; sale of movable property other than real estate with retention of ownership.

Article 5. Effective time of registration of security measures

1. In cases where the security measure is registered using land use rights, immovable property attached to land, aircraft, or ships, the effective time of the security measure registration is the time when the registration authority records the registration content in the registration book.

In cases where the security measure is registered using movable assets other than those mentioned above, the effective time of the security measure registration is the time when the registration content is updated in the database on security measures.

2. In cases where the registration is changed due to the addition of collateral assets without signing a new guarantee contract or due to the addition of guaranteed obligations, and at the time of concluding the guarantee contract, the parties did not agree to guarantee future obligations, the effective time of the security measure registration for the added collateral asset or obligation is the time when the registration authority records the changed registration content in the registration book or updates it in the database on security measures.

3. The following registrations do not change the effective time of the security measure registration:

a) In cases of transferring mortgage registration of property rights arising from a house purchase contract to mortgage registration of a future-formed house or transferring mortgage registration of property rights arising from a house purchase contract to mortgage registration of a house formed from a future-formed house according to the provisions of the Law on Housing, the effective time of the security measure registration is the time of the mortgage registration of property rights arising from the house purchase contract;

b) Cases of registration changes as stipulated in Clauses 1, 2, 4, and 5 of Article 18 of this Decree.

Article 6. Duration of effectiveness of security measure registration

The security measure registration takes effect from the registration time as prescribed in Article 5 of this Decree until the cancellation registration time of the security measure.

Article 7. Principles of registration and provision of information on security measures

1. Registration of security measures using land use rights, immovable property attached to land, aircraft, or ships must comply with the principle that the declared content and documents in the registration file match the information retained by the registration authority.

The registration authority shall not request additional documents not required by law in the registration file; shall not require the parties to amend the name or content of the guarantee contract if there is no declaration error by the registration applicant.

2. Registration of security measures using other movable assets is based on the self-declared content on the registration application form, while the registration applicant bears legal responsibility for the legality and accuracy of the declared information in the registration application form.

3. Information about registered security measures is stored in the registration database and the National Database on Security Measures. The registration authority has the responsibility to provide information about registered security measures upon request of individuals, legal entities, or households.

Article 8. Persons Requesting Registration, Obligations and Responsibilities of Persons Requesting Registration

1. Persons requesting registration of security measures, changes to registered security measures, corrections of errors, registration of notifications regarding the disposal of secured assets, and cancellation of security measure registrations include: the guarantor, the beneficiary of the guarantee; the seller and buyer of the asset in cases of transfer or sale with reservation of ownership (hereinafter collectively referred to as the guarantor and the beneficiary of the guarantee); the trustee, management enterprise, or liquidation enterprise in cases where an enterprise or cooperative has lost its ability to pay but has not registered a security measure or the lawful representative of these entities. In cases of change in the guarantor or beneficiary of the guarantee, the new guarantor and new beneficiary of the guarantee shall be the persons requesting registration.

The person requesting registration must submit an application for cancellation of the security measure registration according to point i, Clause 1, Article 21 of this Decree when the guarantor and the beneficiary of the guarantee do not perform the cancellation themselves; the Office of Notary Public when the Office of Notary Public performs the duties of the civil enforcement agency as prescribed by law (hereinafter referred to as the Office of Notary Public); individuals or legal entities purchasing enforcement assets.

2. The person requesting registration must declare fully, accurately, truthfully, consistent with the content of the concluded security transaction, and bear responsibility for the declared and provided information; in case of damage, they must compensate according to the provisions of the law.

Article 9. Authorities with Authority to Register and Provide Information on Security Measures

1. The Civil Aviation Administration under the Ministry of Transport shall implement registration and provision of information on security measures by aircraft.

2. The Vietnam Maritime Administration or the Maritime Branch, Port Maritime Office, as delegated by the Vietnam Maritime Administration under the Ministry of Transport (hereinafter collectively referred to as the Vietnamese Ship Registration Authority) shall implement registration and provision of information on security measures by ships.

3. The Branch Land Registry Office and the Land Registry Office under the Department of Natural Resources and Environment (hereinafter collectively referred to as the Land Registry Office) shall implement registration and provision of information on security measures by land use rights and immovable property attached to the land.

4. The Transaction and Asset Registration Center of the National Registry of Security Transactions under the Ministry of Justice (hereinafter collectively referred to as the Registration Center) shall implement registration and provision of information on security measures by movable property and other assets not within the jurisdiction of the authorities specified in Clauses 1, 2, and 3 of this Article.

Article 10. Tasks, Powers, and Responsibilities of Authorities Registering and Providing Information on Security Measures

1. Authorities registering and providing information on security measures have the following tasks and powers:

a) Registration of security measures; registration of changes to registered security measures; correction of errors; registration of notifications regarding the disposal of secured assets; cancellation of security measure registrations;

b) Certification of registration for security measures by land use rights and immovable property attached to the land; issuance of certificates of registration for security measures by aircraft, ships, and other movable assets, and issuance of copies of such certificates;

c) Provision of information on security measures;

d) Refusal to register or provide information in cases stipulated in Articles 15 and 61 of this Decree;

đ) Collection, payment, management, and use of registration fees and information provision fees for security transactions according to the provisions of the law;

e) Management of online registration information within their authority;

g) Updating information on security measures into the National Database on Security Measures;

h) Archiving registration files and documents according to the provisions of the law on archiving.

2. Authorities registering and providing information on security measures have the following responsibilities:

a) Accurate registration of the content of the registration request form;

b) Registration and provision of information on security measures within the time limit, except in cases of force majeure;

c) Provision of information on security measures and exchange of information on the legal status of secured assets consistent with the information retained at the registration authority.

Article 11. Fees for registration, provision of information on security measures, and issuance of codes to use the database on security measures

When requesting to register security measures, request to provide information on security measures, request to obtain copies of registration certificates for security measures, or request to obtain codes to use the database on security measures, the applicant must pay the registration fee for security transactions, the fee for providing information on security transactions, the fee for issuing copies, and the fee for obtaining codes to use the database on security transactions according to the provisions of the Law on Fees and Charges, except in cases where there is no need to pay the registration fee or the fee for providing information as provided by law.

Article 12. Documents proving exemption from fees when registering security measures

1. In cases where individuals or households are exempt from paying fees when registering security measures under the provisions of the Law on Credit Policies to Serve Agricultural and Rural Development, the applicant must submit one of the following documents to prove their eligibility for exemption from fees:

a) A security agreement or credit agreement containing a clause regarding the individual or household borrowing funds for use in one of the areas serving agricultural and rural development (one original or one certified copy);

b) A confirmation document (signed and stamped) by a financial institution regarding the individual or household borrowing funds for use in one of the areas serving agricultural and rural development (one original or one certified copy).

2. In cases where changes to registered security measures are being registered, or where a notice of asset disposal or cancellation of security measure registration is being registered, and the previous security measure registration file already contains one of the documents specified in Clause 1 of this Article, then the applicant does not need to submit these documents again.

Chapter II

REGISTRATION PROCEDURES AND DOCUMENTS FOR SECURITY MEASURES

Section 1. GENERAL PROVISIONS ON REGISTRATION PROCEDURES FOR SECURITY MEASURES

Article 13. Methods of submitting registration files for security measures

Registration files for security measures can be submitted through one of the following methods:

1. Through the online registration system;

2. Direct submission;

3. By mail;

4. By email in cases where the applicant has been issued a code to use the database on security measures.

Article 14. Receiving registration files for security measures

1. In cases where registration files for security measures are submitted directly, upon receipt of the file, the receiver checks the validity of the registration file.

If the registration file is valid, the receiver records it in the Register and issues a Result Notification Form to the applicant. If the registration file is invalid, the receiver guides the applicant to complete the file directly or prepares a document guiding the completion of the file according to the provisions of the law.

2. In cases where registration files for security measures are submitted by mail or by email, upon receipt of the file, the receiver checks the validity of the registration file.

If the registration file is valid, the receiver records it in the Register. If the registration file is invalid, within the same day of receiving the file, the receiver prepares a document rejecting the file and provides guidance on completing the file. The document rejecting the file and the guidance on completing the file are returned together with the registration file to the applicant by guaranteed mail in cases where the file was sent by mail or by email in cases where the file was sent by email.

Article 15. Refusal to Register Security Measures

1. The registration authority shall refuse to register when there is one of the following grounds:

a) It does not fall within the registration authority's jurisdiction;

b) When discovering that the information in the registration file does not match the information retained at the registration authority or there are forged documents;

c) The person requesting registration has not paid the registration fee, except in cases where the law stipulates that no registration fee needs to be paid;

d) The security asset is land use rights or housing that does not meet the conditions for mortgage as prescribed by the Land Law and the Housing Law. In cases where the security asset is land use rights or housing with disputes, the registration authority shall only refuse to register if it has received a case acceptance document or a document proving the acceptance of dispute resolution by the competent state agency;

đ) The declaration of the registration content does not comply with the provisions of the law;

e) Requests to change registration, to register notification documents regarding the disposal of security assets, or to correct errors in cases where the security measure registration has been deleted;

g) When the registration authority receives a document from the Enforcement Officer of the civil enforcement agency or the Notary Public of the Notary Public Office requesting a temporary suspension or cessation of registration for the security asset where the guarantor is a judgment debtor as prescribed by the Civil Enforcement Law;

h) When the registration authority receives a notice about the seizure of enforcement assets as security assets sent by the enforcement agency or the Notary Public Office.

2. In cases where there are grounds to refuse registration as prescribed in Clause 1 of this Article, the person receiving the file must issue a refusal document, clearly stating the reasons for refusal and guiding the implementation in accordance with the provisions of the law.

3. The refusal shall be carried out on the day the file is received; if the file is received after 15:00, then the refusal shall be carried out on the next working day.

Article 16. Time Limit for Processing Registration Files and Providing Information on Security Measures

1. The registration authority and the authority providing information on security measures shall be responsible for processing registration files and providing information on the day the valid file is received; if the file is received after 15:00, then the registration and provision of information shall be completed on the next working day; in cases where the processing time needs to be extended, it shall not exceed three working days.

2. In cases where the registration file for security measures using land use rights or attached property is submitted to the People's Committee of communes, wards, towns (hereinafter referred to collectively as the People's Committee of the commune level) or submitted to the Single Window Service Center under the Single Window Mechanism, the time limit for processing the registration file shall be calculated from the date the Land Registration Office receives the file transferred by the People's Committee of the commune level or the Single Window Service Center under the Single Window Mechanism.

3. The time limit prescribed in Clause 1 of this Article shall be calculated from the date the registration authority receives the valid registration file.

Article 17. Delivery of Registration Results and Provision of Information on Security Measures

The registration results and provision of information on security measures shall be delivered by the registration authority to the person requesting registration in one of the following ways:

1. Directly at the registration authority.

In cases where the file is submitted to the Single Window Service Center under the Single Window Mechanism or the People's Committee of the commune level, the Single Window Service Center under the Single Window MechanISM or the People's Committee of the commune level shall deliver the results to the person requesting registration;

2. By postal service;

3. Other methods agreed upon by the registration authority and the person requesting registration.

Article 18. Cases for registering changes to the content of registered security measures

The person requesting registration shall submit an application for changing the content of registered security measures if they fall under any of the following cases:

1. Reducing, supplementing, or replacing the guarantor or the secured party according to the agreement between the guarantor and the secured party; changing the name or the guarantor or the secured party due to corporate restructuring;

2. Reducing the collateral assets;

3. Supplementing the collateral assets without signing a new guarantee contract;

4. Collateral assets that are future assets have been formed, except when the collateral assets are circulating goods in the production and business process or the collateral assets are motor vehicles that have been declared with their frame numbers when registering the security measure;

In case the collateral asset is real estate attached to land that has been formed (including future housing), the procedure for registering changes shall be carried out simultaneously with the procedure for certifying ownership rights on the Land Use Right Certificate, House Ownership Certificate, and other assets attached to the land;

5. Requesting corrections to errors in the content declared in the registration request form;

6. Supplementing the guaranteed obligations where the initial guarantee contract does not provide for the pledge or mortgage of assets to secure future obligations.

Article 19. Registration of notification documents for handling collateral assets

In cases where the person handling the collateral assets requests the registration of a notification document for handling the collateral assets, they shall submit the application for registering the notification document for handling collateral assets in accordance with the method prescribed in Article 13 of this Decree to the competent registration authority.

Article 20. Correcting errors in the content of registered security measures due to the registration authority's fault

The person requesting registration shall submit a correction request form in accordance with the method prescribed in Article 13 of this Decree to the competent registration authority if they discover errors in the registered content due to the registration authority's fault.

Article 21. Cases for canceling the registration of security measures

1. The person requesting registration shall submit an application for canceling the registration of security measures when there is one of the following grounds:

a) Termination of the guaranteed obligation;

b) Cancellation or replacement of the registered security measure with another security measure;

c) Replacement of all collateral assets with other assets;

d) Completion of the disposal of all collateral assets;

đ) Collateral assets are destroyed or completely lost; real estate collateral assets are demolished or confiscated according to the decision of the competent state agency;

e) There is a court judgment or arbitration decision that has legal effect regarding the cancellation of the security measure or declaring the security measure void;

g) Unilaterally terminating the security measure or declaring the termination of the security measure in other cases as provided by law;

h) Canceling the registration of mortgage rights arising from a house purchase contract in cases of transferring the mortgage registration according to the provisions of the law;

i) The civil enforcement agency or Notary Public Office has seized and completed the disposal of the collateral assets;

k) By mutual agreement of the parties.

2. In cases where one asset is used to secure multiple obligations, when applying for registration of subsequent security measures, the person requesting registration does not need to cancel the previous registered security measure.

Article 22. Issuing Copies of Registration Certification Documents for Security Measures

1. The person requesting registration of security measures has the right to request the registration authority to issue copies of the certification document for the registration of security measures on aircrafts, ships, and other movable assets.

2. The request for issuing copies of the certification document for the registration of security measures shall be carried out according to one of the methods prescribed in Article 13 of this Decree.

3. Within one working day from the date of receiving the request, the registration authority shall issue copies of the certification document for the registration of security measures to individuals and legal entities making the request.

Article 23. Registration of Security Measures in Cases of Supplementing Guaranteed Obligations

1. In cases where guaranteed obligations are supplemented through the signing of a new guarantee contract that is independent of the previously registered guarantee contract, the person requesting registration shall register the new security measure without having to cancel the previous security measure registration.

2. In cases where guaranteed obligations are supplemented through the signing of a new guarantee contract that replaces the previously registered guarantee contract, the person requesting registration shall submit one set of documents to cancel the registration of the security measure and one set of documents to register the new security measure in order to simultaneously carry out the procedures for canceling the previous security measure registration and registering the new security measure.

3. Parties are not required to register changes in cases of supplementing guaranteed obligations if they meet the following conditions:

a) The guarantee contract or the contract containing the guaranteed obligation already registered contains a clause regarding the pledge or mortgage of collateral for future obligations;

b) Supplementing guaranteed obligations without supplementing collateral;

c) The parties only sign a contract to amend or supplement the previously registered guarantee contract or amend the contract containing the guaranteed obligation without signing a new guarantee contract.

Section 2. DOCUMENTS AND PROCEDURES FOR REGISTRATION OF SECURITY MEASURES BY AIRCRAFT

Article 24. Documents for Registering Pledge and Mortgage of Aircraft

The person requesting registration shall submit one set of documents for registering pledge and mortgage of aircraft as follows:

1. Request form for registration (one original copy);

2. Pledge or mortgage contract of aircraft (one original copy or one certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 25. Documents for Registering Retention of Ownership Rights in Aircraft Sales with Retention of Ownership

In cases of aircraft sales with retention of ownership rights, the person requesting registration shall submit one set of documents for registering retention of ownership rights as follows:

1. Request form for registration (one original copy);

2. Aircraft purchase and sale contract containing a clause on retention of ownership rights or aircraft purchase and sale contract accompanied by a document on retention of ownership rights (one original copy or one certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 26. Documents for Registering Changes in Content of Registered Security Measures by Aircraft

The person requesting registration shall submit one set of documents for registering changes in content of registered security measures by aircraft as follows:

1. Request form for change registration (one original copy);

2. Certificate of registration of security measures by aircraft already issued (one original copy or one certified copy);

3. Contract amending or supplementing the pledge or mortgage contract of aircraft or the purchase and sale contract of aircraft containing a clause on retention of ownership rights, or document amending or supplementing the document on retention of ownership rights of aircraft, or proof of content changes (one original copy or one certified copy);

4. List of registered pledge or mortgage contracts of aircraft or list of purchase and sale contracts of aircraft containing a clause on retention of ownership rights or document on retention of ownership rights of aircraft registered for cases of changing the name of the secured party or changing the secured party in multiple pledge or mortgage contracts of aircraft or purchase and sale contracts of aircraft containing a clause on retention of ownership rights or document on retention of ownership rights of aircraft already registered (one uncertified copy);

5. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 27. Documents for correcting errors in the content of aircraft security measures registration due to the registrar's mistake

In case the person requesting registration discovers errors in the content of registered aircraft security measures due to the registrar's mistake, they shall submit the following correction documents:

1. Request form for correcting errors (01 original copy);

2. Certificate of registration of aircraft security measures issued, if there are errors (01 original copy or 01 certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 28. Documents for registering notification on the handling of pledged or mortgaged aircraft assets

The person requesting registration shall submit the following documents for registering notification on the handling of pledged or mortgaged aircraft assets:

1. Request form for registering notification on the handling of pledged or mortgaged assets (01 original copy);

2. Notification on the handling of pledged or mortgaged assets (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison);

3. Certificate of registration of aircraft security measures issued (01 uncertified copy);

4. Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 29. Documents for canceling registration of aircraft security measures

1. The person requesting registration shall submit the following documents for canceling registration of aircraft security measures:

a) Request form for canceling registration (01 original copy);

b) Certificate of registration of aircraft security measures issued (01 original copy or 01 certified copy);

c) Agreement on canceling registration of aircraft security measures from the secured party (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison) or confirmation of termination of the secured party's obligation from the guarantor (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison) in case the person requesting cancellation is the guarantor and the request form for canceling registration does not have the signature of the secured party;

d) Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

2. In case of cancellation of registration as stipulated in point i, Clause 1, Article 21 of this Decree, the person requesting registration shall submit the following documents for canceling registration of aircraft security measures:

a) The documents mentioned in points a, b, and d of Clause 1 of this Article;

b) Confirmation of the result of secured asset handling by the civil enforcement agency or the Notary Public Office (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 30. Procedures for registering aircraft security measures; changing registered content; correcting errors; canceling registration; registering notification on the handling of pledged or mortgaged aircraft assets

1. In case of registering pledge or mortgage of aircraft, registering retention of ownership of aircraft, changing registered content, canceling registration, registering notification on the handling of pledged or mortgaged assets within the processing period, the Civil Aviation Authority of Vietnam shall check and verify the information in the documents against the information kept in the Aircraft Register of Vietnam, record the content of pledge or mortgage, retention of ownership of aircraft, change registration, cancellation of registration, and registration of notification on the handling of pledged or mortgaged assets in the Aircraft Register of Vietnam, and issue a certificate of registration of aircraft security measures to the person requesting registration.

2. In case of replacing aircraft, the person requesting registration must submit the cancellation registration documents as prescribed in Article 29 of this Decree and submit the security measure registration documents as prescribed in Article 24 of this Decree.

3. In case of registering notification on the handling of pledged or mortgaged aircraft assets, the Civil Aviation Authority of Vietnam shall send the certificate of registration of notification on the handling of secured assets to all secured parties in case the aircraft is used to secure multiple obligations according to the address recorded in the Aircraft Register of Vietnam.

4. In case the registrar discovers errors in the Aircraft Register of Vietnam or in the certificate of registration of aircraft security measures due to their own mistake, within 01 working day, the Civil Aviation Authority of Vietnam shall be responsible for correcting the erroneous registration content in the Aircraft Register of Vietnam; if there are errors in the certificate of registration of aircraft security measures, it shall correct and reissue the certificate of registration of aircraft security measures, and at the same time notify the person requesting registration of the correction of information and the recovery of the previously issued erroneous certificate of registration of aircraft security measures.

In case the person requesting registration submits documents to request correction of errors in the content of registered aircraft security measures due to the registrar's mistake, within 01 working day, the Civil Aviation Authority of Vietnam shall be responsible for correcting and reissuing the certificate of registration of aircraft security measures and delivering the results to the person requesting registration.

Section 3. DOCUMENTS AND PROCEDURES FOR REGISTRATION OF GUARANTEE MEASURES BY VESSEL

Article 31. Vessels Eligible for Mortgage

The following types of vessels may be mortgaged:

1. Vessels registered without a time limit;

2. Vessels registered with a time limit;

3. Vessels under construction;

4. Vessels temporarily registered;

5. Small vessels.

Article 32. Documents for Registration of Vessel Mortgage

The person requesting registration shall submit one set of the following documents for vessel mortgage registration:

1. Request form for registration (one original copy);

2. Vessel mortgage contract (one original or one certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 33. Documents for Registration of Retention of Ownership in Case of Vessel Sale with Retention of Ownership

In case of vessel sale with retention of ownership, the person requesting registration shall submit one set of the following documents for registration of retention of ownership:

1. Request form for registration (one original copy);

2. Vessel sale contract containing retention of ownership clause or vessel sale contract accompanied by a document on retention of ownership (one original or one certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 34. Documents for Registration of Changes to Content of Guarantee Measures by Registered Vessel

The person requesting registration shall submit one set of the following documents for registration of changes to content of guarantee measures by registered vessel:

1. Request form for change registration (one original copy);

2. Contract amending and supplementing the vessel mortgage contract or contract amending and supplementing the vessel sale contract containing retention of ownership clause or document amending and supplementing the document on retention of ownership or document proving the change in content (one original or one certified copy);

3. Certificate of registration of guarantee measures by vessel already issued (one original or one certified copy);

4. List of registered vessel mortgage contracts or list of vessel sale contracts containing retention of ownership clause or document on retention of ownership already registered for cases where the name of the guarantor or the guarantor party is changed in multiple vessel mortgage contracts or vessel sale contracts containing retention of ownership clause or document on retention of ownership (one un-certified copy);

5. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 35. Documents for Correction of Errors in Content of Registered Guarantee Measures by Vessel Due to Registrar's Mistake

In case the person requesting registration discovers errors in the content of registered guarantee measures by vessel due to registrar's mistake, they shall submit one set of the following correction documents:

1. Request form for correcting errors (01 original copy);

2. Certificate of registration of guarantee measures by vessel already issued if there are errors (one original or one certified copy);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 36. Documents for Registration of Notice Regarding Disposal of Mortgaged Vessel Assets

The person requesting registration shall submit one set of the following documents for registration of notice regarding disposal of mortgaged vessel assets:

1. Application form for registration of notice regarding disposal of mortgaged vessel assets (one original);

2. Notice regarding disposal of mortgaged vessel assets (one original or one un-certified copy with original for comparison);

3. Certificate of registration of guarantee measures by vessel already issued (one un-certified copy);

4. Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 37. Documents for Cancellation of Registration of Guarantee Measures by Vessel

1. The person requesting registration shall submit one set of the following documents for cancellation of registration of guarantee measures by vessel:

a) Request form for canceling registration (01 original copy);

b) Certificate of registration of guarantee measures by vessel already issued (one original or one certified copy);

c) Written consent for cancellation of registration of guarantee measures by vessel from the guarantor party (one original or one un-certified copy with original for comparison) or confirmation document regarding termination of guarantor's obligation to the guarantor party (one original or one un-certified copy with original for comparison) in case the person requesting cancellation is the guarantor and the cancellation application does not have the signature of the guarantor party;

d) Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

2. In case of cancellation of registration as stipulated at point i, Clause 1, Article 21 of this Decree, the person requesting registration shall submit one set of the following documents for cancellation of registration of guarantee measures by vessel:

a) The documents mentioned in points a, b, and d of Clause 1 of this Article;

b) Confirmation of the result of secured asset handling by the civil enforcement agency or the Notary Public Office (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 38. Procedures for registering maritime vessel security measures; changing registered content of security measures; correcting errors; canceling registration; registering notices regarding the disposal of mortgaged maritime vessels

1. In cases of registering a maritime vessel mortgage, registering retention of ownership of a maritime vessel, changing the content of registered security measures, canceling registration, and registering notices regarding the disposal of mortgaged property, within the time limit for processing the file, the Maritime Vessel Registration Authority of Vietnam shall check and verify information in the file against the information kept in the National Maritime Vessel Register of Vietnam, record the content of the mortgage registration, retention of ownership of the maritime vessel, changes to the registration, cancellation of registration, and registration of notices regarding the disposal of mortgaged property in the National Maritime Vessel Register of Vietnam, and issue a certificate of registration of maritime vessel security measures to the party requesting registration.

In cases of registering notices regarding the disposal of mortgaged property, the Maritime Vessel Registration Authority of Vietnam shall send the certificate of registration of maritime vessel security measures to all parties jointly holding the mortgage when the maritime vessel is used to secure multiple obligations, according to the address retained in the National Maritime Vessel Register of Vietnam.

2. If the registration authority discovers errors in the content of the registration in the National Maritime Vessel Register of Vietnam or in the certificate of registration of maritime vessel security measures already issued due to its own mistake, within one working day, the Maritime Vessel Registration Authority of Vietnam shall be responsible for correcting the erroneous information about the registration content in the National Maritime Vessel Register of Vietnam; if there are errors in the certificate of registration of maritime vessel security measures already issued, it shall correct and reissue the certificate of registration of maritime vessel security measures, and at the same time notify the person requesting registration of the correction of information and recall the certificate of registration of maritime vessel security measures with errors.

If the person requesting registration submits a file requesting correction of errors in the content of the registered maritime vessel security measures due to the registration authority's mistake, within one working day, the Maritime Vessel Registration Authority of Vietnam shall be responsible for correcting and reissuing the certificate of registration of maritime vessel security measures and returning the result to the person requesting registration.

Section 4. FILES AND PROCEDURES FOR REGISTERING SECURITY MEASURES BY RIGHTS TO USE LAND AND FIXED ASSETS ATTACHED TO THE LAND

Article 39. Files for registering land use right mortgages and fixed assets attached to the land

The party requesting registration shall submit one set of files for registering a land use right mortgage or registering a land use right mortgage simultaneously with fixed assets attached to the land or registering a mortgage on fixed assets attached to the land as follows:

1. Request form for registration (one original copy);

2. A mortgage contract or a notarized or certified mortgage contract as prescribed by law (one original or one certified copy);

3. The original Certificate of Land Use Right, House Ownership Right, and Other Fixed Assets Attached to the Land, or one of the certificates prescribed in Clause 2 of Article 97 of the Land Law (hereinafter referred to collectively as the Certificate);

4. For cases where a mortgage is made on future fixed assets attached to the land that are not houses, in addition to the documents prescribed in Clauses 1, 2, and 3 of this Article, the party requesting registration must submit the following documents:

a) Construction permit as required by law or Investment Project Approval Decision as required by law (one uncertified copy), except in cases where the mortgage contract has been notarized or certified; one of the types of design drawings showing the layout of the project in the case where the investor mortgages a construction project (one uncertified copy);

b) Construction permit as required by law or Investment Project Approval Decision as required by law (one uncertified copy), except in cases where the mortgage contract has been notarized or certified; one of the types of design drawings showing the layout of the fixed assets attached to the land that have been approved by the competent authority in the case where the future fixed assets attached to the land being mortgaged are other construction projects (one uncertified copy);

5. A notarized or certified agreement between the land user and the owner of the fixed assets attached to the land regarding the creation of fixed assets attached to the land in cases where the land user is not simultaneously the owner of the fixed assets attached to the land being mortgaged (one original or one certified copy or one uncertified copy accompanied by the original for comparison);

6. Documents proving the following situations:

a) Power of attorney in cases where the party requesting registration is the authorized representative (one original or one certified copy or one uncertified copy accompanied by the original for comparison);

b) One of the types of documents proving eligibility for exemption from fees when registering security measures as prescribed in Article 12 of this Decree.

Article 40. Documents for registering mortgage on investment projects for housing construction and future housing

1. In the case of registering mortgage on an investment project for housing construction and future housing within the project of the investor, the person requesting registration shall submit one set of mortgage registration documents as follows:

a) The types of documents prescribed in Clause 1, Clause 2, and point a Clause 6, Article 39 of this Decree;

b) The original Certificate of Registration or the original Decision on Land Allocation or Land Lease issued by the competent authority to the investor;

c) Construction permit in accordance with the laws requiring construction permits or Decision approving the investment project in accordance with the laws requiring investment project establishment (one uncertified copy), except in cases where the collateral contract has been notarized or certified;

d) One of the types of design drawings prescribed by the construction laws showing the layout of the project's construction works or the layout of the construction works within the project that have been approved by the competent authority for the mortgage of an investment project for housing construction (one uncertified copy).

2. In the case of registering mortgage on future housing purchased by individuals, legal entities, or households in an investment project for housing construction, the person requesting registration shall submit one set of mortgage registration documents as follows:

a) The types of documents prescribed in Clause 1, Clause 2, and point a Clause 6, Article 39 of this Decree;

b) The sales contract signed between the mortgagor and the developer in compliance with the laws on housing (one original or one certified copy);

If the mortgagor is the transferee of the sales contract of the housing, they must also submit the transfer document of the sales contract of the housing in compliance with the laws on housing (one original or one certified copy).

3. In the case of registering mortgage on land use rights simultaneously with future housing or registering mortgage on future housing constructed by individuals, legal entities, or households on their own land plots, the person requesting registration shall submit one set of mortgage registration documents as follows:

a) The types of documents prescribed in Clauses 1, 2, 3, and 6 of Article 39 of this Decree;

b) Construction permit in accordance with the laws requiring construction permits, except in cases where the collateral contract has been notarized or certified (one uncertified copy).

Article 41. Documents for registering mortgage on immovable property attached to land other than houses which have been formed but not yet recognized on the Certificate of Ownership:

1. In the case of mortgaging immovable property attached to land other than houses which have been formed but not yet recognized on the Certificate of Ownership and the owner of the immovable property attached to land is also the land user, the person requesting registration shall submit one set of mortgage registration documents as follows:

a) The documents specified in Clauses 1, 2, 3, and 6 of Article 39 of this Decree;

b) Application documents for recognizing ownership of immovable property attached to land in accordance with the laws on land.

2. In the case of mortgaging immovable property attached to land other than houses which have been formed but not yet recognized on the Certificate of Ownership and the owner of the immovable property attached to land is not the land user, the person requesting registration shall submit one set of mortgage registration documents as follows:

a) The types of documents prescribed in Clauses 1, 2, and 6 of Article 39 of this Decree;

b) Application documents for recognizing ownership of immovable property attached to land in accordance with the laws on land.

Article 42. Documents for registering reservation of ownership rights in cases of sale and purchase of property attached to land with reservation of ownership rights

In cases of sale and purchase of property attached to land with reservation of ownership rights, the person requesting registration shall submit one set of documents for registering reservation of ownership rights as follows:

1. Request form for registration (one original copy);

2. A sales contract for property containing a clause on reservation of ownership rights or a sales contract for property accompanied by a document on reservation of ownership rights that has been notarized or certified in accordance with the law (one original or one certified copy);

3. The original Certificate of Title;

4. Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 43. Documents for registering changes in the content of security measures by land use rights or property attached to land already registered

1. The person requesting registration shall submit one set of documents for registering changes in the content of security measures by land use rights or land use rights together with property attached to land or property attached to land already registered as follows:

a) One original Request Form for Change Registration;

b) An amended and supplemented mortgage contract (except in cases of registering changes for collateral assets being future property attached to land that have been formed, as stipulated in Clause 4, Article 18 of this Decree) or an amended and supplemented sales contract for property containing a clause on reservation of ownership rights or an amended and supplemented document on reservation of ownership rights when changing the content of security measures according to the agreement of both parties (one original or one certified copy) or another document proving the change in content (one original or one certified copy or one uncertified copy with the original for comparison) in cases of changing the content of security measures according to the decision of the competent authority (one original or one certified copy or one uncertified copy with the original for comparison);

c) The original Certificate of Title in cases where the security measure registration includes a Certificate of Title;

d) Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

2. In cases where land use rights or property attached to land have already been registered as security measures and the land user or owner of property attached to land has been permitted by the competent state agency to change their name from the name recorded on the issued Certificate of Title, the procedure for registering changes in the content of already registered security measures will be carried out simultaneously with the land change registration procedure (changing the name of the land user or owner of property attached to land on the Certificate of Title).

The Land Registration Office confirms the change of the guarantor's name in cases of mortgaging land use rights or property attached to land or the name of the secured party in cases of selling property with reservation of ownership rights on the Certificate of Title and the land administration records before carrying out the procedure for registering changes in the content of security measures. In such cases, the person requesting registration does not need to cancel the registration of security measures by land use rights or property attached to land before carrying out the registration of changes.

Article 44. Documents for correcting errors in the content of security measures by land use rights or property attached to land already registered due to the registrar's mistake

In cases where the person requesting registration discovers errors in the content of security measures by land use rights or property attached to land already registered due to the registrar's mistake in the Request Form for Registration or the Certificate of Title, they shall submit one set of correction documents as follows:

1. Request form for correcting errors (01 original copy);

2. The Request Form for Registration already certified but containing errors (one original);

3. The original Certificate of Title in cases where the certification content contains errors;

4. Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 45. Documents for registering the notification on the disposal of mortgaged property with land use rights and attached assets

The person requesting registration shall submit one set of documents for registering the notification on the disposal of mortgaged property with land use rights and attached assets as follows:

1. Application form for registration of notice regarding disposal of mortgaged vessel assets (one original);

2. Notification document on the disposal of mortgaged property (one original or one certified copy or one uncertified copy accompanied by the original for comparison);

3. Power of attorney in case the person requesting registration is the authorized representative (one original copy or one certified copy or one uncertified copy with the original for comparison).

Article 46. Documents for transferring registration of mortgage rights arising from a real estate purchase contract

1. When there is a request to transfer the registration of mortgage rights arising from a real estate purchase contract to the registration of mortgage on future-formed real estate, the person requesting registration shall submit one set of documents for transferring registration of mortgage rights arising from a real estate purchase contract as follows:

a) Request form for transferring mortgage registration (one original);

b) Information provision document on the mortgage of rights arising from a real estate purchase contract (one original or one uncertified copy accompanied by the original for comparison) or certificate of registration of security measure (one original or one uncertified copy accompanied by the original for comparison) and certificate of registration of change in mortgage content already registered issued by the mortgage registration authority, if any (one original or one uncertified copy accompanied by the original for comparison);

c) Power of attorney in case the person requesting registration is the authorized representative (one original or one certified copy or one uncertified copy accompanied by the original for comparison).

2. When there is a request to transfer the registration of mortgage rights arising from a real estate purchase contract to the registration of mortgage on real estate that has been formed (accepted for use), the person requesting registration shall submit one set of documents for transferring registration of mortgage rights arising from a real estate purchase contract as follows:

a) The documents specified in points a, b, and c of Clause 1 of this Article;

b) Mortgage contract with notarization or certification in accordance with the law (one original or one certified copy);

c) Certificate of title (already certified ownership of the house).

Article 47. Documents for canceling registration of security measures with land use rights and attached assets

1. The person requesting registration shall submit one set of documents for canceling registration of security measures with land use rights and attached assets as follows:

a) Request form for canceling registration (01 original copy);

b) Agreement document on canceling registration of security measures from the secured party (one original or one uncertified copy accompanied by the original for comparison) or confirmation document of release from the secured party (one original or one uncertified copy accompanied by the original for comparison) in case the request for cancellation of registration only bears the signature of the guarantor;

c) The original Certificate of Title in cases where the security measure registration includes a Certificate of Title;

d) Power of attorney in case the person requesting registration is the authorized representative (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

2. In the case of cancellation of registration provided for in point i of Clause 1 of Article 21 of this Decree, the person requesting registration shall submit one set of documents for canceling mortgage registration as follows:

a) The documents mentioned in points a, c, and d of Clause 1 of this Article;

b) Confirmation of the result of secured asset handling by the civil enforcement agency or the Notary Public Office (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 48. Procedures for registering security measures with land use rights and attached assets; registering changes in the content of registered security measures; correcting errors; canceling registration; registering notifications on the disposal of mortgaged property with land use rights and attached assets

1. In the case of registering security measures with land use rights and attached assets, registering changes in the content of registered security measures, and canceling registration, within the time limit for processing the documents, the Land Registration Office shall record the mortgage registration content, the content of reserved ownership rights, changes in registration, cancellation of registration, and the registration date according to the order of receipt of the application into the Land Registry Book and Certificate of Title. After recording in the Land Registry Book and Certificate of Title, the content of the registration shall be certified on the registration request form.

2. In the case of registering a notification on the disposal of mortgaged property, the Land Registration Office shall record the content of the notification registration in the Land Registry Book; certify the content of the registration on the registration request form and notify in writing about the disposal of mortgaged property to all parties who have registered joint mortgages when the land use rights and attached assets are used to secure multiple obligations.

3. In the case where the registration authority discovers errors in the registration book, Certificate of Title, or registration request form regarding the registered content due to its own fault, within one working day, the Land Registration Office shall be responsible for correcting the erroneous information about the registered content and sending a notification document about the correction of such information to the person requesting registration at the address stated on the registration request form.

In the case where the person requesting registration submits an application for correcting errors in the registered security measures with land use rights and attached assets due to the registration authority's fault, within one working day, the Land Registration Office shall correct the erroneous information on the Certificate of Title and registration number, certify the correction of errors on the error correction request form, and deliver the result to the person requesting registration.

Article 49. Procedures for Transferring Mortgage Registration of Property Rights Arising from Housing Purchase Contracts

1. Within the time limit for processing the file, the Land Registration Office shall perform the following tasks:

a) Transfer the mortgage registration of property rights arising from housing purchase contracts and record the mortgage registration date in the mortgage registration book for future land-bound assets (in cases where the mortgage registration of property rights arising from housing purchase contracts is transferred to the mortgage registration of future housing); transfer the mortgage registration of property rights arising from housing purchase contracts and record the mortgage registration date in the Land Registry Book and Certificate of Ownership already issued (in cases where the mortgage registration of property rights arising from housing purchase contracts is transferred to the mortgage registration of housing formed from future housing);

b) Transfer the mortgage registration of property rights arising from housing purchase contracts and record the mortgage registration date on the request form for transferring mortgage registration;

c) Send a copy of the request form for transferring mortgage registration showing the contents specified in point a of this clause and the information provision document specified in point b of Clause 1 of Article 46 of this Decree to the Registration Center to carry out the cancellation of the mortgage registration of property rights arising from housing purchase contracts;

d) Return the request form for transferring mortgage registration showing the contents specified in point b of this clause to the person requesting registration.

2. For cases where mortgage registration of property rights arising from sales or transfer contracts of land-bound assets that are not housing has been registered and there is a request to transfer to mortgage registration of future land-bound assets or to mortgage registration of land-bound assets formed, the person requesting registration shall implement the procedures for transferring mortgage registration as stipulated in Article 46 of this Decree and Clause 1 of this Article.

Section 5. DOCUMENTS AND PROCEDURES FOR REGISTERING GUARANTEE MEASURES SECURED BY OTHER MOVABLE ASSETS

Article 50. Documents for registering mortgage, changing, correcting errors, canceling registration, and registering notification documents regarding the disposal of guarantee assets secured by other movable assets

1. The person requesting registration shall submit one set of the following documents for registering mortgage, changing, correcting errors, canceling registration, and registering notification documents regarding the disposal of guarantee assets secured by other movable assets:

a) Request form for registration (one original);

b) Mortgage contract or amended and supplemented mortgage contract in case the request form for registration only bears the signature and seal of one of the parties involved in the guarantee measure (one copy without certification accompanied by the original for comparison);

c) Power of attorney in case the person requesting registration is the authorized person (one original or one certified copy or one copy without certification accompanied by the original for comparison), except for the following cases: The mortgagor or mortgagee includes multiple individuals or legal entities authorizing one individual or one legal entity among them to request registration; the person requesting registration is the person assigned a code number to use the database on guarantee measures;

d) Proof documents in case no fee is required for registering guarantee measures according to Article 12 of this Decree, if applicable.

d) Documents proving exemption from fee payment when registering a security measure in accordance with Article 12 of this Decree, if applicable.

2. In the case of cancellation of registration provided for in point i of Clause 1 of Article 21 of this Decree, the person requesting registration shall submit one set of documents for canceling mortgage registration as follows:

a) The documents mentioned in points a, c, and d of Clause 1 of this Article;

b) Confirmation of the result of secured asset handling by the civil enforcement agency or the Notary Public Office (01 original copy or 01 certified copy or 01 uncertified copy with the original for comparison).

Article 51. Documents for registering retention of ownership rights in cases of movable property sales with retention of ownership rights

The person requesting registration shall submit one set of documents for registering retention of ownership rights in cases of movable property sales with retention of ownership rights as follows:

1. Request form for registration (one original copy);

2. A sales contract containing a clause on retention of ownership rights or a sales contract accompanied by a document on retention of ownership rights or an amendment or supplement to a sales contract containing a clause on retention of ownership rights or an amendment or supplement to a document on retention of ownership rights in case the request for registration form only has the signature and seal of one of the parties involved in the guarantee contract or sales contract (one uncertified copy together with the original for verification);

3. An authorization document in case the person requesting registration is the authorized person (one original or one certified copy or one uncertified copy together with the original for verification), except for the following cases: The buyer of the asset, the seller of the asset includes multiple individuals or legal entities authorizing one individual or one legal entity among them to request registration; the person requesting registration is the person assigned a code number to use the database on security measures;

Article 52. Procedures for registering security measures using movable property other than goods; amending registered security measure contents; correcting errors; canceling registration; registering notification documents regarding the disposal of collateral using movable property other than goods

1. Within the time limit for processing the application, the registration authority records the receipt time (hours, minutes, day, month, year) on the registration request form, the receipt book, and enters information about the security measure on the registration request form into the security measure database.

2. The registration authority issues a certificate of registration of the security measure with confirmation from the registration authority to the person requesting registration according to one of the methods prescribed in Article 17 of this Decree.

In the case of registering a notification document regarding the disposal of collateral, the registration authority sends a certificate confirming the registration content with confirmation from the registration authority regarding the disposal of the mortgagor's assets to the co-mortgagees when one collateral secures multiple obligations according to the address stored in the database.

3. In cases where a security measure has been registered for collateral that is circulating goods during production and business operations, if the collateral changes due to production and business activities, the person requesting registration does not need to perform a change registration.

4. If the registration authority discovers errors in the security measure database due to its own mistake, within one working day, the registration authority will correct the information and send a notice of the correction to the person requesting registration at the address recorded on the registration request form.

If the person requesting registration discovers errors in the registered security measure using movable property other than goods due to the registration authority's mistake, the person requesting registration submits a request for error correction to the Registration Center. Upon receiving the error correction request, within one working day, the registration authority will correct the information and issue a certificate of error correction to the person requesting registration.

Section 6. ONLINE REGISTRATION OF SECURITY MEASURES

Article 53. Requirement for Online Registration

1. Individuals, legal entities, and households have the right to choose the method of online registration of security measures when the online registration system officially operates.

2. Requests for online registration must fully and accurately declare all contents required to be declared on the interface of the online registration system.

Article 54. Online Registration Account

1. Individuals, legal entities, and households are granted an online registration account to access the online registration system.

2. The management agency of the online registration system shall be responsible for issuing an online registration account to individuals, legal entities, and households upon request.

3. Individuals, legal entities, and households with an online registration account must protect and bear responsibility for the use of their online registration account.

4. In cases where security measures are registered online using movable assets other than those specified, individuals, legal entities, and households are granted a usage code for the database on security measures.

Article 55. Operation of the Online Registration System

1. The online registration system must operate continuously, safely, and accurately.

2. The management agency of the online registration system shall implement maintenance, ensure safety, and information security of the online registration system in accordance with the provisions of the law.

In cases where the online registration system must temporarily cease operations for maintenance, repair, upgrade, or other reasons, the management agency of the online registration system must publicly announce the reason and the expected time for the system to resume operation.

Article 56. Procedures for Online Registration

The online registration of security measures shall be carried out according to the following procedures:

1. The person requesting registration uses the usage code for the database on security measures and the online registration account that has been issued to access the online registration system for security measures to declare the registration content on the online registration interface;

2. The online registration system confirms the result of registering the security measure for the person requesting registration on the interface of the online registration system;

3. The registration authority sends one certification document of the security measure registration with the confirmation of the registration authority to the person requesting registration through one of the methods prescribed in Article 17 of this Decree.

Article 57. Cases Where Online Registration of Security Measures Has No Legal Effect

1. The online registration of security measures has no legal effect if it falls under any of the cases stipulated in Clause 1 of Article 15 of this Decree.

2. In cases where the online registration of security measures has no legal effect, it shall be handled as follows:

a) If the content of the security measure registration falls under any of the cases stipulated in this Clause, the registration authority shall examine and decide to cancel the registration result. The person requesting registration must pay the registration fee in case the online registration result is canceled;

b) The cancellation of the online registration result of security measures must be promptly notified via postal service or email to the address of the person requesting registration stored in the security measure database.

Article 58. Restoration of data in cases where the registration result of security measures is revoked without lawful grounds

1. When discovering that the registration result of security measures has been revoked without lawful grounds, the person requesting registration has the right to request the registration authority to restore the registration result of the security measure that has been revoked.

The application for restoring the registration result of the security measure that has been revoked shall be sent to the registration authority in accordance with the method prescribed for submitting the registration dossier for security measures.

2. The registration authority shall have the responsibility to examine and verify; if the revocation of the registration result of the security measure is without lawful grounds, it must restore the registration data and issue a registration certificate for the security measure to the person requesting registration.

3. In cases where the registration authority revokes the registration result without lawful grounds, causing damage to the person requesting registration, it must compensate for the damage in accordance with the provisions of the law.

Chapter III

PROVISION OF INFORMATION, ANNOUNCEMENT OF INFORMATION AND EXCHANGE OF INFORMATION ON SECURITY MEASURES

Article 59. Right to Request Provision of Information on Security Measures

1. Individuals, legal entities, and family households have the right to seek information or request the provision of information about security measures registered and stored in the database and the National Database on Security Measures.

2. People's Courts, People's Procuratorates, Investigative Agencies, Civil Enforcement Agencies, and other state agencies authorized by law have the right to request the security measure registration authority to provide information about security measures to serve their professional activities within the scope of their management. In this case, seeking information does not require payment for information provision according to the law.

Article 60. Method of Requesting Provision of Information on Security Measures

When there is a need to seek information about security measures, individuals, legal entities, family households, and the agencies specified in Clause 2 of Article 59 of this Decree shall submit an information provision request form to the competent registration authority in accordance with one of the methods prescribed in Article 13 of this Decree.

Article 61. Refusal to Provide Information on Security Measures

1. The registration authority shall refuse to provide information on security measures when there is one of the following grounds:

a) The request for information provision on security measures is beyond its jurisdiction;

b) The information provision request form is filled out incorrectly according to the law;

c) The person requesting information has not paid the information provision fee, except in the cases stipulated in Clause 2 of Article 59 of this Decree and in the case where individuals, legal entities, and family households search for online information about security measures without requesting a certified registration content certificate from the registration authority.

2. In cases where there are grounds for refusing to provide information as prescribed in Clause 1 of this Article, the person receiving the application must prepare a refusal notice specifying the reasons for refusal and guiding the implementation in accordance with the law.

3. The refusal shall be carried out on the day the file is received; if the file is received after 15:00, then the refusal shall be carried out on the next working day.

Article 62. Procedure for Providing Information

After receiving a valid information provision request form, the registration personnel shall search for information in the registration book or the database on security measures; provide the information in writing to the requester within the time limit prescribed in Article 16 of this Decree and deliver the results in accordance with one of the methods prescribed in Article 17 of this Decree.

Article 63. Responsibility for Exchanging Information on the Legal Status of Secured Assets

1. The following authorities shall be responsible for exchanging information on the legal status of secured assets:

a) Authority registering security measures;

b) Authority registering ownership rights, usage rights, circulation rights of assets;

c) Civil Enforcement Authority, Notary Public Office.

2. Principles for exchanging information on the legal status of secured assets are stipulated as follows:

a) Information exchange must be timely, complete, and accurate; the exchanged information must be used for appropriate purposes, consistent with the functions and tasks of the authorities;

b) Information exchange, management, and utilization must be carried out within the prescribed deadlines and procedures set forth in this Decree and other relevant regulatory legal documents.

3. The scope of secured assets to be exchanged includes the following information:

a) Information exchanged by the authority registering security measures includes: guarantor and secured party; secured asset being motor vehicles, inland waterway vessels, railway rolling stock, land use rights, immovable property, aircraft, ships; date of registration of security measures;

b) Information exchanged by the civil enforcement authority, notary public office includes: Decision on attachment or Decision on lifting attachment of enforcement assets; debtor and owner of the asset; attached asset.

4. The exchange of information on the legal status of secured assets shall be conducted as follows:

a) When registering a mortgage, changing the content of a registered mortgage, or canceling the registration of a secured asset being a motor vehicle, inland waterway vessel, railway rolling stock, the Registration Center shall be responsible for sending a notification regarding the mortgage of the transportation means to the authority registering ownership rights, usage rights, circulation rights of assets, if the person requesting registration has a request for notification regarding the mortgage of the transportation means.

On the same day upon receiving the notification regarding the mortgage of the transportation means sent by the Registration Center, if it does not fall under any of the refusal cases, the authority registering ownership rights, usage rights, circulation rights of assets shall update the information according to the content of the mortgage transportation means notification into its asset management data and provide feedback on the resolution result for the Registration Center to know, send notifications to individuals, legal entities, households related to the matter.

b) On the same day when signing the Decision on Attachment of Assets or Decision on Lifting Attachment of Enforcement Assets, the civil enforcement authority, notary public office shall be responsible for sending a notification to the following authorities:

Land Registry Office where the land or immovable property subject to attachment or lifting of attachment is located;

Vietnam Civil Aviation Administration in the case of aircraft subject to attachment or lifting of attachment, Vietnam Ship Registration Authority in the case of ship subject to attachment or lifting of attachment;

Registration Center in the case of assets subject to attachment or lifting of attachment that are not within the jurisdiction of the Land Registry Office, Vietnam Civil Aviation Administration, Vietnam Ship Registration Authority.

Within a maximum period of 01 working day from the date of receipt of the notification from the civil enforcement authority, notary public office, if it does not fall under the refusal to exchange information case, then the authorities registering security measures shall update the information according to the content of the notification into their asset management data.

Article 64. Disclosure of Information on Security Measures

1. Information on security measures secured by real estate development projects or construction projects that have been registered shall be disclosed in accordance with the provisions of Clauses 2 and 3 of this Article.

2. Within no more than five working days from the date of registration of security measures secured by real estate development projects or construction projects, the Land Registration Office shall send information to the Department of Natural Resources and Environment for disclosure on its electronic information website.

3. The disclosed information includes: the name of the project, the address of the project, the guarantor, the beneficiary, the secured asset, and the registration date.

Chapter IV

STATE MANAGEMENT OF SECURITY MEASURE REGISTRATION

Article 65. Contents of State Management of Security Measure Registration

1. Develop and guide the implementation of strategies and policies for the development of the security measure registration system nationwide.

2. Issue and implement legal documents on security measure registration.

3. Organize and manage security measure registration activities; establish and manage registration agencies; provide guidance, training, and professional development on security measure registration.

4. Build, operate, and manage the National Database on Security Measures.

5. Statistically record security measure registrations, compile, and report to competent authorities.

6. Promote and disseminate laws on security measure registration.

7. International cooperation on security measure registration.

8. Inspect, audit, monitor the enforcement of laws on security measure registration, handle complaints and accusations, and deal with violations of laws on security measure registration.

Article 66. Tasks and Authorities of Agencies in State Management of Security Measure Registration

1. The Government uniformly manages state affairs regarding security measure registration.

2. The Ministry of Justice is responsible before the Government for uniformly managing state affairs regarding security measure registration and has the following tasks and authorities:

a) Submit to competent authorities for issuance or issue within its authority legal documents on security measure registration;

b) Guide and organize the implementation of legal documents on security measure registration; organize the promotion and dissemination of laws on security measure registration;

c) Take the lead in coordinating with relevant ministries to organize training and issue certificates of completion for those implementing security measure registration;

d) Provide guidance and professional development for those implementing security measure registration;

đ) Manage the Registration Centers of the National Registry of Security Transactions;

e) Statistically record security measure registrations; compile and annually report to the Government on security measure registration work nationwide;

g) Inspect, audit, monitor the enforcement of laws on security measure registration, handle violations, and resolve complaints and accusations within its authority in the implementation of laws on security measure registration;

h) Engage in international cooperation on security measure registration.

3. The Ministry of Transport, within its duties and powers, is responsible for:

a) Lead the organization of professional and specialized training for those implementing security measure registration by aircraft and ships; manage registration agencies for security measures by aircraft and ships;

b) Guide registration agencies for security measures by aircraft and ships to update and integrate information on security measures by aircraft and ships into the National Database on Security Measures;

c) Organize the development of an electronic database on aircraft and ships to facilitate online security measure registration by aircraft and ships, to be completed by 2020;

d) Report annually to the Ministry of Justice on security measure registration by aircraft and ships;

đ) Resolve complaints and accusations regarding security measure registration by aircraft and ships;

e) Coordinate with the Ministry of Justice to perform the tasks set out in Clause 2 of this Article.

4. The Ministry of Natural Resources and Environment, within its duties and powers, is responsible for:

a) Implement professional and specialized management of security measure registration for land registration offices;

b) Organize the development of an electronic database on land to facilitate the operation of electronic land transactions, including security measure registration by land use rights and attached assets, to be completed by 2025;

c) Coordinate with the Ministry of Justice to perform the tasks set out in Clause 2 of this Article.

5. Provincial People's Committees (hereinafter referred to as provincial People's Committees) manage state affairs regarding security measure registration by land use rights and attached assets at the local level and have the following tasks and authorities:

a) Guide and organize the implementation of security measure registration and management of registration by land use rights and attached assets in accordance with this Decree and other related legal documents;

b) Establish a security measure registration system by land use rights and attached assets at the local level;

c) Organize professional and specialized training for those implementing security measure registration by land use rights and attached assets;

d) Guide land registration offices to update and integrate information on security measures by land use rights and attached assets into the National Database on Security Measures;

đ) Annually report to the Ministry of Justice on security measure registration by land use rights and attached assets at the local level;

e) Resolve complaints and accusations regarding security measure registration within its authority;

g) Coordinate with the Ministry of Justice to perform the tasks set out in Clause 2 of this Article.

The Department of Justice is responsible for assisting provincial People's Committees in performing state management functions regarding security measure registration at the local level.

Article 67. Responsibilities for building, operating, and managing the National Data System on Security Measures

1. The Ministry of Justice shall take the lead and coordinate with ministries, sectors, and provincial People's Committees to build, operate, and manage the National Data System on Security Measures.

2. Ministries and ministerial-level agencies within their assigned tasks and authorities shall be responsible before the Government for coordinating with the Ministry of Justice to build, operate, and manage the National Data System on Security Measures.

3. Provincial People's Committees within their assigned tasks and authorities shall have the responsibility to coordinate with the Ministry of Justice to build, operate, and manage the National Data System on Security Measures.

Chapter V

IMPLEMENTING PROVISIONS

Article 68. Effective Date of Implementation

1. This Decree takes effect from October 15, 2017, and replaces Decree No. 83/2010/NĐ-CP dated July 23, 2010, of the Government on registration of security transactions.

2. Abolish Article 1 of Decree No. 05/2012/NĐ-CP dated February 2, 2012, of the Government on amending and supplementing certain articles of Decrees on registration of security transactions, legal aid, lawyers, and legal consultation.

Article 69. Transitional Provisions

1. Security transactions concluded before this Decree takes effect but not yet registered and still valid shall be registered in accordance with this Decree.

Security transactions registered in accordance with the law before this Decree takes effect shall not need to be re-registered in accordance with this Decree.

2. In localities where the Land Registration Office has not been established, the Land Use Right Registration Office shall continue to handle the registration of security measures until the Land Registration Office is established.

Article 70. Responsibility for Implementation

1. The Ministry of Justice is responsible for:

a) Organize the implementation of this Decree;

b) Guide certain contents regarding the registration of security measures involving land use rights, immovable property attached to land, aircraft, ships, and other movable assets as stipulated in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees, and related individuals and legal entities shall be responsible for implementing this Decree./.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central agencies of mass organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, PL (2b).PC

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc