Circular No. 11/2015/TT-BTP amends and supplements certain provisions of Circular No. 08/2014/TT-BTP and Circular No. 22/2010/TT-BTP concerning registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings. This circular expands the scope of registration without regard to administrative boundaries, adds provisions on customer codes for regular users, and sets conditions for fee exemptions for individuals and households borrowing funds for agricultural and rural development.
适用范围
Individuals and organizations shall carry out secured transactions, register information, and notify the seizure of assets for enforcement proceedings.
要点
- Individuals and organizations have the right to choose a Registration Center to carry out registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings without regard to administrative boundaries.
- Organizations and individuals are issued a customer code for regular users and an online registration account to carry out registration for secured transactions established by themselves. The application form for requesting a customer code for regular users includes a Request Form for Regular Customer Registration and documents determining legal status.
- The person requesting registration is an organization or individual using their own customer code for regular users and online registration account to register for secured transactions not established by themselves or using the customer code for regular users and online registration account of another organization or individual.
- Individuals and households falling within the category exempt from paying registration fees for secured transactions according to Decree No. 55/2015/NĐ-CP when borrowing funds for use in one of the fields serving agricultural and rural development.
- The person requesting registration is an organization or individual who must accurately enter the chassis number of the motor vehicle in the "Chassis Number" field on the online registration request interface. In cases where the chassis number contains special characters, the person requesting registration must fully enter the chassis number (including special characters) in the "Asset Description" field.
🌐 本文件的社会影响
- Positive impact: Facilitates individuals and organizations in registering information on secured transactions, contracts, and notifying the seizure of assets for enforcement proceedings more easily. Reduces costs for individuals and households borrowing funds for agricultural and rural development.
- Negative impact: May cause difficulties for organizations and individuals during the registration process if they are not familiar with the new regulations.
❓ 常见问题
Where can individuals and organizations choose a Registration Center to carry out registration?
Individuals and organizations have the right to choose one of the Registration Centers to carry out registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings without regard to the administrative boundary where the Registration Center is located.
What documents do organizations and individuals need to prepare to be issued a customer code for regular users?
When requesting a customer code for regular users, organizations and individuals must submit one (01) set of documents including a Request Form for Regular Customer Registration and one of the types of documents determining legal status issued by the competent authority.
What should an organization or individual requesting registration for a secured transaction not established by themselves do?
The person requesting registration is an organization or individual using their own customer code for regular users and online registration account to register for secured transactions not established by themselves or using the customer code for regular users and online registration account of another organization or individual.
Which category of individuals and households is exempt from paying registration fees for secured transactions?
Individuals and households falling within the category exempt from paying registration fees for secured transactions according to Decree No. 55/2015/NĐ-CP when borrowing funds for use in one of the fields serving agricultural and rural development.
What should be noted when entering the chassis number of a motor vehicle?
The person requesting registration is an organization or individual who must accurately enter the chassis number of the motor vehicle in the "Chassis Number" field on the online registration request interface. In cases where the chassis number contains special characters, the person requesting registration must fully enter the chassis number (including special characters) in the "Asset Description" field.
全文
CIRCULAR
Amending and supplementing some Articles of Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice amending and supplementing some Articles of Circular No. 05/2011/TT-BTP
dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration,
provision of information on secured transactions, contracts, and notification of asset attachment
through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets concerning enforcement
under the National Office of Registration of Secured Transactions of the Ministry of Justice and Circular No. 22/2010/TT-BTP
dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information
on secured transactions, contracts, and notification of asset attachment for enforcement proceedings
Pursuant to Decree No. 55
_______________________________
Based on the Civil Code dated June 14, 2005;
Pursuant to the Law on Electronic Transactions dated November 29, 2005;
Pursuant to the Civil Enforcement Law on November 14, 2008;
Based on the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law dated November 25, 2014;
Pursuant to Decree No. 163/2006/NĐ-CP dated December 29, 2006, issued by the Government, concerning security interests;
Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;
On the basis of Decree No. 11/2012/NĐ-CP dated February 22, 2012 of the Government amending and supplementing some articles of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions;
Pursuant to Decree No. 39/2014/NĐ-CP dated May 7, 2014 of the Government on the activities of finance companies and financial leasing companies;
/2015/NĐ-CP dated June 9, 2015 of the Government on credit policies serving rural development;At the proposal of the Director of the National Office of Registration of Secured Transactions,
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
The Minister of Justice promulgates this Circular amending and supplementing some Articles of Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice amending and supplementing some Articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notification of asset attachment for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset attachment for enforcement proceedings (hereinafter referred to as Circular No. 08/2014/TT-BTP).
This Circular amends and supplements Circular No. 08/2014/TT-BTP as follows:
Circular No. 03/2023/TT-BCA Supplement Clause 1a of Article 4 as follows:
1. Supplement Clause 3 of Article 1 as follows:
“1a. The Registration Center shall carry out registration and provision of information on secured transactions, contracts, and notifications of asset attachment for enforcement proceedings upon request of individuals and organizations within the entire country, without regard to administrative boundaries where the Registration Center is located.
Individuals and organizations have the right to choose one of the Registration Centers to perform registration, provision of information on secured transactions, contracts, and notifications of asset attachment for enforcement proceedings.”
2. Amend and supplement Clause 8 of Article 1 as follows:
a) Amend Point g Clause 1 of Article 10a as follows:
“g) The person requesting registration is an organization or individual using their regular customer code and online registration account to register for secured transactions not established by themselves or using the regular customer code and online registration account of another organization or individual to register for secured transactions established by themselves.”
b) Supplement Point i Clause 1 of Article 10a as follows:
“i) Declare two or more contract numbers, transactions, or declare two or more signing dates of contracts, transactions in the section “Number of secured transactions, contracts” on the Application Form for Registration.”
3. Amend and supplement Clause 10 of Article 1 as follows:
a) Amend Clause 1 of Article 12a as follows:
“1. Each organization or individual is granted one regular customer code and online registration account to perform registration for secured transactions established by themselves.
When requesting a regular customer code, an organization or individual must submit one (01) set of documents either directly or via postal service to the National Office of Registration of Secured Transactions under the Ministry of Justice.
The application package for a regular customer code includes:
a) Application Form for Regular Customer (01 original copy)
b) One of the following types of documents proving legal status issued by competent authorities: Identity card according to the law on identity cards or citizen identification card according to the law on citizen identification cards if it is an individual; business registration certificate, branch operation registration certificate, representative office registration certificate according to the law on enterprises, establishment and operation permit, investment permit, investment certificate, investment registration certificate according to the law on investment (for ongoing projects with remaining operational period) or establishment decision if it is an organization (01 certified copy or 01;
original copy for comparison in case of direct submission) b) Repeal Article 12b. mammography c) Supplement Article 12g as follows:”.
“Article 12g. Documents proving exemption from registration fee for secured transactions
1. Types of documents proving that the mortgagor is an individual or household belonging to the category exempted from paying the registration fee for secured transactions according to Decree No. 55/2015/NĐ-CP dated June 9, 2015 of the Government on credit policies serving rural development (hereinafter referred to as Decree No. 55/2015/NĐ-CP) include:
original or 01
certified copy
a) A mortgage contract or credit agreement containing a clause on the use of borrowed funds by an individual or household for one of the areas serving agricultural and rural development (one original or one certified copy) (01 b) A confirmation letter (with signature and stamp) from a financial institution regarding the individual or household borrowing funds for use in one of the fields serving rural development 2. In cases where the applicant submits the application form for registration through direct submission or postal service, they must simultaneously submit one of the documents specified in Clause 1 of this Article.);
In cases where the applicant submits the application form for registration through email or fax, after receiving the registration result, the applicant must submit directly or via postal service one of the documents specified in Clause 1 of this Article along with a copy of the Certificate of Registration for Secured Transactions, Contracts, and Notification of Asset Attachment for Enforcement Proceedings for the Registration Center to implement the non-payment of the registration fee. (01 b) A confirmation letter (with signature and stamp) from a financial institution regarding the individual or household borrowing funds for use in one of the fields serving rural development 2. In cases where the applicant submits the application form for registration through direct submission or postal service, they must simultaneously submit one of the documents specified in Clause 1 of this Article.).
3. If the Registration Center discovers that the proof documents specified in Clause 1 of this Article are forged, tampered with, torn, or damaged, the Registration Center will collect the registration fee for secured transactions according to the provisions of the law.
a) Amend Point e Clause 1 of Article 8 as follows:
3. In case the Registration Center discovers that the proof documents mentioned in Clause 1 of this Article are forged or altered, erased, or torn, the Registration Center shall collect the registration fee for secured transactions in accordance with the provisions of the law.
4. Amending and supplementing Clause 7 Article 2 as follows:
a) Amend Point e of Clause 1 of Article 8 as follows:
"e) Failing to describe or inadequately describing the collateral asset in the field “Description of Asset” or the field “Frame Number” on the registration interface, but attaching files regarding the collateral asset or other relevant documents in the field “Attached PDF File,” except when the attached file is a request for notification of the pledge of a motor vehicle."
b) Supplement Point g and Point h of Clause 1, Article 8 as follows:
"g) Declaring two or more contract numbers, transactions, or declaring two or more contract signing dates in the field “Contract Number” on the online registration form."
"h) The person requesting registration is an organization or individual using their own regular customer code and online registration account to register for a security transaction not established by themselves, or using another organization's or individual's regular customer code and online registration account to register for a security transaction established by themselves."
5. Supplement Clause 9 of Article 2 as follows:
Supplement Clause 2a, Clause 2b, and Clause 2c of Article 12 as follows:
2a. Types of documents proving that the pledgor is an individual or household belonging to the category exempted from paying the registration fee for security transactions according to Decree No. 55/2015/NĐ-CP include:
a) A mortgage contract or credit agreement containing a clause on the use of borrowed funds by an individual or household for one of the areas serving agricultural and rural development (one original or one certified copy) (01 b) A confirmation letter (with signature and stamp) from a financial institution regarding the individual or household borrowing funds for use in one of the fields serving rural development 2. In cases where the applicant submits the application form for registration through direct submission or postal service, they must simultaneously submit one of the documents specified in Clause 1 of this Article.);
In cases where the applicant submits the application form for registration through email or fax, after receiving the registration result, the applicant must submit directly or via postal service one of the documents specified in Clause 1 of this Article along with a copy of the Certificate of Registration for Secured Transactions, Contracts, and Notification of Asset Attachment for Enforcement Proceedings for the Registration Center to implement the non-payment of the registration fee. (01 b) A confirmation letter (with signature and stamp) from a financial institution regarding the individual or household borrowing funds for use in one of the fields serving rural development 2. In cases where the applicant submits the application form for registration through direct submission or postal service, they must simultaneously submit one of the documents specified in Clause 1 of this Article.).
2b. After receiving the registration result, the person requesting registration shall submit directly or send via postal service one of the types of documents specified in Clause 2a of this Article along with a copy of the Certificate of Security Transaction Registration, contract, and notice of asset seizure for enforcement to the Registration Center to implement the exemption from the registration fee.
2c. In case the Registration Center discovers that the proof document mentioned in Clause 2a of this Article is forged or tampered with, torn, or damaged, the Registration Center will collect the registration fee for security transactions according to the provisions of the law.
6. Amend Clause 10 of Article 2 as follows:
Amend Clause 2 of Article 15 as follows:
“2. In cases where the collateral asset is a motor vehicle and such asset is not a circulating product in the production or business process or is not a future asset, the person requesting registration, enforcement officer performing the notice of asset seizure for enforcement, and the person registering shall accurately enter the frame number of the motor vehicle in the field “Frame Number” on the online registration form. Each frame number of the motor vehicle corresponds to one frame number field on the online registration form.
In cases where the frame number of the motor vehicle contains special characters (for example: asterisk (*); hash (#)...), the person requesting registration, enforcement officer performing the notice of asset seizure for enforcement, and the person registering shall fully enter the frame number (including special characters) in the field “Description of Asset” on the online registration form, while entering the frame number without special characters in the field “Frame Number” on the online registration form.”
7. Repeal Point a of Clause 3 of Circular No. 08/2014/TT-BTP.
Article 2. Implementation Provisions
1. This Circular takes effect from October 15, 2015.
2. In cases where organizations or individuals have used another organization's or individual's regular customer code and online registration account to register for a security transaction established by themselves before the effective date of this Circular, and now request to change registration, register a notice document regarding the handling of collateral assets, correct errors, or cancel registration, such organizations or individuals shall register as regular customers at the National Registry of Security Transactions under the Ministry of Justice and use the issued regular customer code and online registration account to perform changes, register notice documents regarding the handling of collateral assets, correct errors, or cancel registration according to the provisions of the law.
3. During implementation, if there are difficulties or obstacles, individuals or organizations are advised to promptly report to the Ministry of Justice for research and resolution./.
原始文件（PDF）
关系图
点击文件即可打开。红色边框＝改变效力的关系。
译本
本文件提供以下语言版本：