Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA guiding the exchange and provision of information on collateral assets between the agency registering security transactions and organizations practicing notarization, civil enforcement agencies, and agencies registering ownership and usage rights.

JOINT CIRCULAR

Guidelines for the exchange and provision of information on collateral assets between the agency registering security transactions

and notarization organizations, civil enforcement agencies, and agencies registering ownership,

usage rights, and circulation rights of assets

___________________________

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. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Justice, the Minister of Transport, the Minister of Natural Resources and Environment, and the Minister of Public Security issue this Joint Circular to guide the exchange and provision of information on collateral assets between the agency registering security transactions and notarization organizations, civil enforcement agencies, and agencies registering ownership, usage rights, and circulation rights of assets as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the exchange and provision of information on collateral assets (hereinafter referred to as the exchange and provision of information) between the agency registering security transactions and notarization organizations, civil enforcement agencies, and agencies registering ownership, usage rights, and circulation rights of assets, except for machinery and equipment with strict requirements for labor safety as provided by law.

Article 2. Applicability

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

The Land Registration Office under the Department of Natural Resources and Environment of the provincial or centrally-administered municipal People's Committee, and the Land Registration Office under the District or County Department of Natural Resources and Environment (hereinafter referred to as the Land Registration Office).

The Civil Enforcement Agency under the Vietnam Civil Aviation Authority under the Ministry of Transport, and the Maritime Registration Office under the Vietnam Maritime Administration (hereinafter referred to as the Aircraft and Vessel Registration Office).

The Civil Enforcement Agency of the provincial or centrally-administered municipal People's Committee, and the Civil Enforcement Sub-Office of the district, county, town, or city under the province (hereinafter referred to as the Civil Enforcement Agency).

The Traffic Police Corps under the Ministry of Public Security, the Provincial or Centrally-Administered Municipal Traffic Police Office, and the District or County Public Security Traffic Police Station responsible for registering and issuing license plates for road motor vehicles; the Department of Transport responsible for registering inland waterway vessels; and the Vietnam Railway Corporation responsible for registering railway transportation means (hereinafter referred to as the Agency Registering Ownership and Circulation Rights of Assets).

Notarization organizations, and the Office of the Commissioner of Oath.

Article 3. Principles for the Exchange and Provision of Information

1. Information exchanged and provided must be timely, accurate, complete, and used for the appropriate purpose, consistent with the functions and responsibilities of the parties involved.

2. The exchange, provision, management, and use of information must be carried out within the prescribed timeframes and procedures set forth in this Circular and other relevant regulatory legal documents.

3. Information exchanged and provided between the Registration Center for Transactions and Assets, the Land Registration Office, the Aircraft and Vessel Registration Office, the Civil Enforcement Agency, and the Agency Registering Ownership and Circulation Rights of Assets shall be free of charge and may only be used for professional purposes and shall not be provided to third parties in any form.

Article 4. Forms of Exchange and Provision of Information

1. The exchange and provision of information shall be conducted in the form of written documents or electronic data, except for cases where the collateral asset is a motor vehicle, inland waterway vessel, or railway vehicle, which shall be sent to the Registration Authority for ownership and circulation rights in the form of a written document simultaneously with electronic data.

2. The exchange of information through electronic data shall be carried out after receiving a notification letter specifying the official email address of the department responsible for exchanging and receiving information. The exchange of information through electronic data must bear the signature and seal of the information exchange authority and comply with the Portable Document Format (PDF) standard.

Article 5. Methods of Exchange and Provision of Information

Information on collateral assets shall be transmitted using one of the following methods:

1. Direct delivery;

2. Delivery via postal service;

3. Transmission via fax or email;

4. Transmission via an online system.

Article 6. Scope of Information Exchanged and Provided

1. Information on collateral assets provided by the Transaction Registration Center according to this Circular includes:

1.1. Information about the guarantor and the beneficiary:

a) For individuals: Name, address, identification number proving legal status (Identity Card for Vietnamese citizens; Passport for overseas Vietnamese and foreign individuals; Permanent Resident Card for stateless persons residing in Vietnam);

b) For organizations: Name, address, tax code issued by the tax authority for businesses established under Vietnamese law and registered for business (company registration) and foreign investors; name registered with a competent foreign authority or trading name in English in cases where the organization's name is not in Latin script.

1.2. Information about motor vehicles, inland waterway vessels, and railway vehicles:

a) Frame number; engine number, license plate number (if applicable) for motor vehicles;

b) Vessel name; registration number, year and place of construction, length, width, height, gross tonnage, main engine power (if applicable) for inland waterway vessels;

c) Vehicle name; registration number, engine number, type of engine (if applicable) for locomotives and other motive power vehicles; registration number for passenger cars (if applicable).

1.3. Date of collateral transaction registration.

2. Information on collateral assets provided by the Land Registration Office according to this Circular includes:

2.1. Information about the guarantor and the beneficiary:

a) For individuals: Name, address, identification number proving legal status (Identity Card for Vietnamese citizens; Passport for overseas Vietnamese and foreign individuals);

b) For organizations: Name, address, identification number proving legal status of the organization (Business Registration Certificate or Enterprise Registration Certificate or Establishment Decision or Investment License).

2.2. Information about collateral assets being land use rights:

a) Parcel number; map sheet number; parcel address; land area;

b) Issuance number, entry number in the issuance book, issuing authority, date of issuance of one of the following certificates: Land Use Right Certificate issued according to the Land Law of 1987, the Land Law of 1993, the Land Law of 2003; Certificate of Ownership of Housing and Land Use Rights, Certificate of Ownership of Housing issued according to the Housing Law of 2005; Certificate of Ownership of Housing and Land Use Rights issued according to Decree No. 60/CP dated July 5, 1994 of the Government on Ownership of Housing and Land Use Rights in Urban Areas; Certificate of Ownership of Housing, Certificate of Ownership of Construction Works issued according to Decree No. 95/2005/NĐ-CP dated July 15, 2005 on Issuing Certificates of Ownership of Housing and Construction Works; Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land issued according to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment in 2009 and Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on Issuing Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land (hereinafter referred to as Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land).

2.3. Information about collateral assets being housing, other construction works, perennial orchards, production forests planted (hereinafter referred to as assets attached to land):

a) Parcel number where the assets attached to land are located; map sheet number;

b) Type of asset attached to land, asset address; construction area and usage area for housing and other construction works; orchard area; forest area;

c) Issuance number, entry number in the issuance book, issuing authority, date of issuance of the Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land.

2.4. Date of collateral transaction registration.

3. Information on collateral assets provided by the Aircraft and Ship Registration Authority according to this Circular includes:

3.1. Information about the guarantor and the beneficiary:

a) For individuals: Name, address, nationality, identification number proving legal status (Identity Card for Vietnamese citizens; Passport for overseas Vietnamese and foreign individuals; Permanent Resident Card for stateless persons residing in Vietnam);

b) For organizations: Name, address, nationality, identification document proving the organization's legal status (Business Registration Certificate or Enterprise Registration Certificate or Decision on Establishment or Investment License for organizations established under Vietnamese law with business registration or foreign investors; name registered with the competent foreign authority or trading name in English in cases where the organization's registered name is not in Latin script for organizations established and operating under foreign laws).

3.2. Information about the collateral asset being an aircraft:

a) Registration number;

b) Aircraft type; aircraft model;

c) Manufacturer; serial number of the aircraft; year of manufacture;

d) Engine type;

đ) Time of formation.

3.3. Information about the collateral asset being a ship:

a) Ship name; call sign; ship type;

b) Ship owner;

c) Year and place of construction;

d) Length, width; gross tonnage; total volume.

3.4. Date of registration of the security transaction.

3.5. Number and date of issuance of the Aircraft Pledge Registration Certificate, Aircraft Mortgage Registration Certificate, or Aircraft Pledge Release Certificate, Aircraft Mortgage Release Certificate; Ship Mortgage Registration Certificate, or Ship Mortgage Release Certificate.

4. Information about the seized assets exchanged and provided by the Civil Enforcement Agency according to this Circular includes:

4.1. Seizure Decision or Decision to Lift Asset Seizure Enforcement:

a) Date of signing the Decision;

b) Decision number.

4.2. Information about the person subject to enforcement (owner of the asset).

4.3. Information about the asset as specified in Clause 1, Clause 2, or Clause 3 of this Article.

Article 7. Duties and powers of agencies and organizations in exchanging and providing information

1. Implement the exchange and provision of information according to the procedures stipulated in this Circular.

2. Ensure the full and accurate provision of stored information and use of documents for their intended purpose.

3. Implement confidentiality of exchanged and provided information in accordance with the law.

4. Refuse to provide information when there is one of the refusal grounds stipulated in Article 16 of this Circular.

Article 8. Responsibilities of agencies and organizations in exchanging and providing information

Agencies, organizations, and individuals violating the provisions of this Circular and other relevant regulations, if causing damage, must compensate for the damage in accordance with the State Compensation Law and other legal provisions; depending on the nature and degree of violation, they may be subject to disciplinary action, administrative penalties, or criminal prosecution as prescribed by law.

Article 9. Sample documents for exchanging and providing information

Attach to this Circular the following appendices:

1. Appendix No. 01: Logbook for Exchanging and Providing Information on Collateral Assets;

2. Appendix No. 02: Notice of Asset Seizure (or Lifting of Asset Seizure) in Civil Enforcement Proceedings;

3. Appendix No. 03: Request for Provision of Information on Collateral Assets;

4. Appendix No. 04: Request for Notification of Vehicle Mortgage;

5. Appendix No. 05: Notification of Vehicle Mortgage;

6. Appendix No. 06: Notification of Results of Receiving and Processing Information on Collateral Assets;

Chapter II

PROCEDURES FOR EXCHANGING AND PROVIDING INFORMATION ON COLLATERAL ASSETS

Section 1

EXCHANGE OF INFORMATION ON COLLATERAL ASSETS

Article 10. Sending information in cases where the collateral asset is a motor vehicle, inland waterway vessel, or railway transportation means.

When registering a secured transaction (including initial registration, change registration, or cancellation of a registered secured transaction), if the person requesting registration has a written request to notify the mortgage of transportation means and has paid the fee for obtaining a copy of the registration certificate document, the Transaction Registration Center shall be responsible for sending the Notification of Mortgage of Transportation Means to the Asset Ownership and Circulation Registration Authority via email (in PDF format) and through postal service on the same working day to promptly update and monitor according to the guidelines set forth in this Circular.

Article 11. Sending information in cases of attachment or release of attachment of enforcement assets.

1. On the same day of signing the Decision to Attach or Release Attachment of Enforcement Assets, the Civil Enforcement Agency shall be responsible for sending the Notice to the following authorities:

a) In cases where the asset is land use rights or immovable property attached to the land, the Civil Enforcement Agency shall be responsible for sending the Notice to the Land Registration Office at the location of the land and immovable property attached to the land.

b) In cases where the asset is an aircraft or ship, the Civil Enforcement Agency shall be responsible for sending the Notice to the Aircraft and Ship Registration Authority.

c) In cases where the asset does not fall under the provisions of points a and b of this clause, the Civil Enforcement Agency shall be responsible for sending the Notice to the Transaction and Asset Registration Center in accordance with the guidelines set forth in Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of attachment of enforcement assets directly, by mail, fax, or email at the Transaction and Asset Registration Center of the National Registry of Secured Transactions under the Ministry of Justice (hereinafter referred to as Circular No. 05/2011/TT-BTP) and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of attachment of enforcement assets (hereinafter referred to as Circular No. 22/2010/TT-BTP).

2. In addition to the registration authorities mentioned in Clause 1 of this Article, on the same day of signing the Decision to Attach or Release Attachment of Enforcement Assets, the Civil Enforcement Agency shall be responsible for sending the Notice of Attachment or Release of Attachment of Enforcement Assets to the Department of Justice of the province or centrally governed city to promptly build and update into the program managing information to prevent and information about notarized contracts and transactions of provinces and centrally governed cities.

3. The Notice of Attachment or Release of Attachment of Enforcement Assets shall be sent to the competent authorities specified in Clause 1 of this Article in one of the methods prescribed in Article 5 of this Circular.

Article 12. Grounds for Refusal to Accept Information.

1. The competent authority shall refuse to accept information when there is one of the following grounds:

a) It does not fall within the scope of information to be accepted as prescribed in Article 6 of this Circular;

b) The method of sending information does not comply with the provisions of Article 4 of this Circular;

c) The method of sending information does not comply with the provisions of Article 5 of this Circular.

2. The refusal to accept information must be made in writing within one (1) working day from the date of receipt of the information sent by the competent authority and must clearly state the reasons for the refusal.

Article 13. Procedures for receiving and processing information exchanged through direct, postal, fax, or email methods

1. In cases where the collateral asset is a motor vehicle, inland waterway vessel, or railway transportation means

On the same day upon receipt of the notification regarding the collateral of transportation means sent via email or postal service by the Registration Center for Transactions and Assets (only applicable to places without adequate IT infrastructure), if it does not fall under any of the refusal reception cases, the Asset Ownership and Circulation Registration Authority must perform the following tasks:

a) Record in the Exchange and Information Provision Logbook (date, month, year of receipt of the document; document number and symbol; information-providing agency; sign and clearly write the name of the information-receiving officer)

b) Update the information according to the content of the Notification on the Collateral of Transportation Means into the asset management database

c) Store and manage the exchanged information document in accordance with the provisions of the law

d) Send the Notification of the Result of Receiving and Processing Information on the Collateral Asset via email (PDF format) and postal service to the Registration Center for Transactions and Assets so that the Center can forward it to the requesting party

2. In cases where the seized asset is land use rights or immovable property attached to land

Within no more than 01 (one) working day from the date of receipt of the Notification from the Civil Enforcement Agency, if it does not fall under any of the refusal reception cases, the Land Registration Office shall perform the following tasks:

a) Record in the Mortgage Registration Logbook for Land Use Rights and Immovable Property Attached to Land issued pursuant to Circular Joint No. 20/2011/TTLT-BTP-BTNMT dated November 18, 2011, guiding the registration of mortgage of land use rights and immovable property attached to land by the Ministry of Justice and the Ministry of Natural Resources and Environment

b) Update the information in the Notification into the Land Registry Book

c) Store and manage the exchanged information document in accordance with the provisions of the law

d) Send the Notification of the Result of Receiving and Processing Information on the Collateral Asset to the Civil Enforcement Agency

3. In cases where the seized asset is an aircraft or ship

Within no more than 01 (one) working day from the date of receipt of the Notification from the Civil Enforcement Agency, if it does not fall under any of the refusal reception cases, the Aircraft and Ship Registration Authority shall perform the following tasks:

a) Record in the Exchange and Information Provision Logbook (date, month, year of receipt of the document; document number and symbol; information-providing agency; sign and clearly write the name of the information-receiving officer)

b) Update the information in the Notification into Point 15 Section I Appendix II of the Vietnam Aircraft Register Book and into Section IV of the National Vietnam Ship Register at the relevant area

c) Store and manage the exchanged information document in accordance with the provisions of the law

d) Send the Notification of the Result of Receiving and Processing Information on the Collateral Asset to the Civil Enforcement Agency

4. In cases where the seized asset is other movable property (excluding aircraft and ships), within no more than 01 (one) working day from the date of receipt of the Notification from the Civil Enforcement Agency, if it does not fall under any of the refusal reception cases, the Registration Center for Transactions and Assets shall perform the tasks as guided in Section 1 Chapter II of Circular No. 05/2011/TT-BTP

Article 14. Procedures for processing information exchanged through online methods

1. In cases where the information on seized assets is exchanged by the Civil Enforcement Agency through online methods, the Land Registration Office and the Aircraft and Ship Registration Authority shall process the information in accordance with Section 6 Chapter II of Decree No. 83/2010/NĐ-CP dated July 23, 2010, of the Government on registration of secured transactions

2. In cases where the information on seized assets is exchanged by the Civil Enforcement Agency through online methods, the Registration Center for Transactions and Assets shall process the information in accordance with Chapter 2 of Circular No. 22/2010/TT-BTP

Section 2

OF AUTHORITIES AND ORGANIZATIONS

Article 15. Cases of Providing Information Upon Request

1. When issuing, reissuing, or transferring ownership of motor vehicles, inland waterway vessels, railway transportation means, the Property Registration Authority shall request the Transaction Registration Center to provide information on collateral assets, except for the following cases:

a) The transportation means has not been updated with information on being used as collateral by the Property Registration Authority or the Property Registration Authority has received notification from the Transaction Registration Center about the cancellation of the mortgage registration or reduction (replacement) of the collateral asset which is the transportation means.

b) The owner of the transportation means (or authorized person) presents one certified copy or one copy for comparison with the original certificate or information-providing document issued by the Transaction Registration Center regarding the cancellation of the mortgage registration or reduction (replacement) of the collateral asset or the release document or the consent document of the mortgagee of that transportation means.

2. Prior to the enforcement of asset seizure, the Civil Enforcement Agency has the right to request the provision of information on collateral assets as follows:

a) Request the Land Registration Office to provide information on land use rights and attached assets.

b) Request the Aircraft and Vessel Registration Authority to provide information on aircraft and vessels.

c) Request the Transaction Registration Center to provide information on movable assets (excluding aircraft and vessels) and attached assets on land that are not within the jurisdiction of the Land Registration Office to provide information.

3. When notarizing contracts related to collateral assets, the Notary Public Organization has the right to request the provision of information on collateral assets according to the information-providing authority stipulated in Clause 2 of this Article.

The Land Registration Office, Aircraft and Vessel Registration Authority, or Transaction Registration Center shall be responsible for providing information on collateral assets upon request of the Notary Public Organization, except for the case prescribed in Clause 1 of Article 16 of this Circular.

The request for information by the Notary Public Organization must pay the information-provision fee as prescribed by law.

Article 16. Grounds for Refusal to Provide Information

1. The authority responsible for providing information as stipulated in Article 15 of this Circular may refuse to provide information if there is one of the following grounds:

a) It does not fall within the scope of information to be provided.

b) The form of the information request does not comply with the model issued together with this Circular and other relevant legal regulations.

c) The agency or organization requesting the information has not paid the information-provision fee as prescribed by law.

d) The content of the information request falls within the list of state secrets and is not permitted to be disclosed.

đ) There is no information available to provide.

2. The refusal to provide information must be made in writing within one working day from the date of receipt of the information request and must clearly state the reasons for refusal.

Article 17. Procedures for providing information on collateral assets being land use rights and attached immovable property

The procedures for providing information on collateral assets being land use rights and attached immovable property shall be carried out in accordance with the guidance set forth in Section VI of Circular No. 09/2007/TT-BTNMT dated August 2, 2007 of the Ministry of Natural Resources and Environment guiding the establishment, amendment, and management of cadastral records.

Article 18. Procedures for providing information on collateral assets being aircrafts and ships

The procedures for providing information on collateral assets being aircrafts and ships shall be carried out in accordance with the guidance set forth in Chapter IV of Joint Circular No. 02/2012/TTLT-BTP-BGTVT dated March 30, 2012 of the Ministry of Justice and the Ministry of Transport guiding the registration and provision of information on pledge of aircrafts, mortgage of aircrafts, and mortgage of ships.

Article 19. Procedures for providing information on collateral assets being chattels (excluding aircrafts and ships) and other attached immovable properties

The procedures for providing information on collateral assets being chattels (excluding aircrafts and ships) and other attached immovable properties not within the jurisdiction of the Land Registration Office shall be carried out in accordance with the provisions set forth in Section 2 of Chapter II of Circular No. 05/2011/TT-BTP and Chapter 3 of Circular No. 22/2010/TT-BTP.

Chapter III

IMPLEMENTATION

Article 20. Effective Date

This Circular takes effect from February 25, 2014.

Article 21. Transitional Provisions

1. In cases where agencies and organizations have established online systems for exchanging and providing information, such exchanges and provision of information shall be conducted through online methods.

2. For localities selected to pilot the organization and operation of Notaries, the procedures for exchanging and providing information on collateral assets by Notaries shall also be carried out in accordance with the provisions of this Circular.

Article 22. Responsibility for enforcement

1. The Ministry of Justice, the Ministry of Transport, the Ministry of Natural Resources and Environment, the Ministry of Public Security, and People's Committees of provinces and centrally governed cities within their respective functions and tasks shall be responsible for disseminating, guiding, inspecting, and urging relevant agencies and units to implement this Circular.

2. The Ministry of Justice shall be responsible for overseeing, compiling, and summarizing the implementation of this Circular. During the implementation process, if difficulties or obstacles arise, agencies, units, and individuals are requested to promptly report them to the Ministry of Justice, the Ministry of Transport, the Ministry of Natural Resources and Environment, and the Ministry of Public Security for coordinated research and resolution./.