Circular No. 22/2010/TT-BTP guiding the registration and provision of online information on secured transactions, contracts, and notifications of asset seizures for enforcement.

CIRCULAR

Guidelines on Registration and Provision of Online Information

Pursuant to Decree No. 55

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

Pursuant to Decree No. 163/2006/NĐ-CP dated December 29, 2006, issued by the Government, concerning security interests;

Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

To ensure consistency in the application of regulations on registration and provision of online information for secured transactions, contracts, and notifications of asset seizures for enforcement, the Ministry of Justice guides the following contents:

PART I

GENERAL PROVISIONS

Article 1Scope of Application

This Circular provides guidelines on initial registration, change registration, cancellation of registration, and provision of online information for secured transactions, contracts; notifications of asset seizures for enforcement carried out through the online registration system of the National Office of Registration of Secured Transactions under the Ministry of Justice.

Article 2Cases of Online Registration of Secured Transactions

1. Security transactions registered online according to this Circular include:

a) Mortgage of assets;

b) Pledge of assets;

c) Deposit, earnest money, guarantee money;

d) Other cases if provided by law.

2. Secured assets under the cases mentioned in Clause 1 of this Article include:

a) Cars, motorcycles, other motorized vehicles on land; railway transportation means;

b) Fishing boats; inland waterway transportation means;

c) Machinery, equipment, production lines, raw materials, fuel, materials, consumer goods, other goods, precious metals, and gemstones;

d) Vietnamese currency, foreign currency;

đ) Shares, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks and other negotiable instruments as prescribed by law, with value convertible to cash and permitted for trading;

e) Property rights arising from copyright, industrial property rights, rights to plant varieties; claims and other property rights belonging to the guarantor arising from contracts or other legal grounds (excluding land use rights and ownership of houses);

g) Property rights in the contributed capital in enterprises;

h) Rights to exploit natural resources, costs for land leveling, clearance, and release for civil obligations as prescribed by law;

i) Income, rights to receive insurance payments for secured assets or other benefits derived from secured assets mentioned in Clause 2 of this Article;

k) Other chattels as prescribed in Clause 2 of Article 174 of the Civil Code;

l) Assets attached to land not within the jurisdiction of the Land Registration Office of provinces, centrally governed cities, districts, urban districts, and towns such as: assets attached to land built across multiple plots (chain assets); temporary structures such as houses, construction works made of temporary materials (bamboo, wood, thatch, leaves, earth); auxiliary constructions such as garages, kitchens, prefabricated steel houses, factory frames, warehouses; wells, boreholes; drilling platforms; water tanks; yards; fences; power poles; substations; pumping stations; power generation and transmission systems; internal water supply and drainage systems, and other auxiliary constructions.

Article 3Cases of Online Registration of Contracts

The contracts subject to online registration under this Circular include:

1. Sale contracts with deferred payment or installment payments retaining ownership of the seller as stipulated in Clause 2, Article 13 of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions (hereinafter referred to as Decree No. 163/2006/NĐ-CP);

2. Asset leasing contracts with a term of one year or more as stipulated in Clause 2, Article 13 of Decree No. 163/2006/NĐ-CP, including: contracts with a lease term of one year or more, contracts with a lease term less than one year but the parties agree to extend the term and the total lease period (including extensions) is one year or more;

3. Financial leasing contracts as stipulated in Clause 6, Article 1 of Decree No. 65/2005/NĐ-CP dated May 19, 2005 of the Government amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of Financial Leasing Companies;

4. Contracts transferring claims, including claims arising from loan contracts, sale contracts, asset leasing contracts, service contracts, or other lawful bases;

5. Other cases if prescribed by law.

Article 4Online Notification of Asset Seizures for Enforcement

In the case of seizing any of the types of assets specified in Clause 2, Article 2 of this Circular, in addition to direct delivery, postal mail, fax, or email methods, the Enforcement Officer may notify the seizure of assets through the online registration system.

Article 5. Time of online registration

1. The time of online registration is the time when the information about secured transactions, contracts, and notifications of enforcement asset seizure is updated in the Secured Transaction Database.

2. Change Registration Due to Errors in Asset Declaration or Names of Guarantors, Buyers, Lessees, Financial Leasing Parties, Claim Transferors, or Debtors (hereinafter referred to as Guarantors), or Identification Documents of Guarantors shall be determined according to the provisions of Point c, Clause 2, Article 7 of Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on Registration of Secured Transactions.

3. The time of online registration as prescribed in Clause 1 and Clause 2 of this Article shall be determined based on the time recorded by the online registration application system.

Article 6Issuance of Online Registration Accounts for Regular Customers

1. Organizations and individuals submit directly or send by post the application dossier for issuance of an online registration account to the National Office of Registration of Secured Transactions. The application dossier for issuance of an online registration account includes the following documents:

a) A request for issuance of an online registration account (one copy);

b) A certified copy by the People's Committee of commune, ward, or town of one of the following documents: Identity Card, Officer's Identity Card, Military Identity Card, Police Officer's Certificate, Security Officer's Certificate, or Worker's Certificate (if the applicant is an individual); Business Registration Certificate, License for Establishment and Operation, Investment Permit, or Decision on Establishment (if the applicant is an organization).

In the case where the request for issuance of an online registration account is submitted directly to the National Office of Registration of Secured Transactions, organizations and individuals only need to submit an unnotarized copy and present the original of one of the above-mentioned identification documents for verification.

2. The National Office of Registration of Secured Transactions examines, issues accounts, and notifies the results of account issuance to organizations and individuals via direct delivery, postal mail, or the online registration system within one working day from the date of receipt of a valid request for issuance of an online registration account.

3. In the event that the information on the documents specified in Point b, Clause 1 of this Article or other registered information for obtaining an online registration account changes, the organization or individual holding the online registration account must request a change in information according to the procedures and formalities stipulated in this Article.

4. The National Office of Registration of Secured Transactions promulgates the Regulation on Issuance, Management, and Use of Customer Codes and Online Registration Accounts for Regular Customers.

, Clause 1, Clause 2 Article 7a of this Regulation.Use of Online Registration Accounts

1. Regular customers use the online registration account issued by the National Registration Agency for Security Interests to register and search for online information on security interests, contracts, and notifications of asset seizures for enforcement.

2. In case regular customers do not use their online registration accounts for six months, the National Registration Agency for Security Interests will suspend such accounts. If a suspended account needs to be reactivated, the regular customer must submit a request to reactivate the account to the National Registration Agency for Security Interests via one of the methods prescribed in Clause 1 of Article 6 of this Circular, and the account will be reactivated on the same working day.

3. If a customer fails to fulfill the obligation to pay registration fees, information provision fees, or service fees for regular customers as stipulated by laws on fees and charges, the National Registration Agency for Security Interests will temporarily suspend the online registration account. Within three months from the date of temporary suspension, if the regular customer still does not pay the fees, the National Registration Agency for Security Interests will suspend the account permanently and will only reactivate it once all fees have been fully paid.

Article 8. Cases where online registration has no legal effect

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

1. It does not fall within the categories of registration prescribed in Articles 2, 3, and 4 of this Circular;

2. The content of the registration violates prohibitions under the law or contravenes social morals.

Article 9. Payment of registration fees and information provision fees for online registration of security interests, contracts, and seized assets

1. Methods of payment for registration fees and online information provision fees for transaction security, contracts, and seized assets applicable to regular customers include:

a) Paying directly at one of the Transaction and Asset Registration Centers under the National Registration Center for Transaction Security of the Ministry of Justice (hereinafter referred to as the Registration Center);

b) Deposit money into the account opened by the Registration Center at a bank;

c) Make online payments through credit cards or debit cards, provided that these cards are accepted by the online registration system;

d) Pay through collection orders or payment orders through the State Treasury or from prepaid funds deposited into the Registration Center's account.

The payment of registration fees and information provision fees through collection orders or payment orders shall be carried out according to monthly payment notices. Customers must pay the full amount of registration fees and information provision fees by the twentieth day of the following month at the latest.

2. Non-regular customers shall make payments of registration fees and information provision fees according to the methods prescribed in points a, b, and c of Clause 1 of this Article.

Article 10. Responsibilities and obligations of the person requesting online registration

1. The party requesting registration must declare the registration content accurately, truthfully, and in accordance with the agreements of all parties regarding secured transactions and contracts.

2. The person requesting registration may not declare contents that violate prohibitions under the law or contravene social morals, nor may they use the registration system interfaces for purposes contrary to the provisions of the law.

3. In case the person requesting registration declares inaccurate, untrue, or non-compliant contents with the agreements of the parties regarding security interests or contracts, or declares contents that violate prohibitions under the law or contravene social morals, causing damage, they must compensate the damaged party and be subject to administrative penalties or criminal prosecution as prescribed by law.

Article 11. Responsibility for maintaining operation and ensuring the safety and security of the online registration system

1. The National Registration Agency for Security Interests, in collaboration with the Information Technology Department under the Ministry of Justice, shall implement the maintenance, operation, and ensure the safety and security of the online registration system in accordance with the law.

2. In case the online registration system must be temporarily shut down for maintenance, repair, upgrade, or other reasons, the National Registration Agency for Security Interests must publicly announce the reason and the expected time for resuming operations.

Chapter II

PROCEDURE AND REGULATIONS FOR ONLINE REGISTRATION OF SECURED TRANSACTIONS, CONTRACTS, AND ANNOUNCEMENT OF ASSET SEIZURE FOR ENFORCEMENT

Article 12. Accessing the online registration system to register security interests, contracts, and notifications of asset seizures for enforcement

1. For organizations and individuals who are regular customers, they use the online registration account already issued to access the online registration system.

2. For organizations and individuals who are not regular customers, accessing the online registration system shall be carried out as follows:

a) If organizations or individuals choose to pay according to the method prescribed in point a or b of Clause 2 of Article 9 of this Circular, they shall use the payment receipt number to access the online registration system;

b) If organizations or individuals choose to pay according to the method prescribed in point c of Clause 2 of Article 9 of this Circular, they shall use the debit card or credit card number to access the online registration system.

Article 13. Responsibility for declaring the content of registration requests and notifications of asset seizures online

When there is a request to register security interests, contracts, or notify asset seizures for enforcement, the person requesting registration or the enforcement officer shall declare the content of the registration or notification according to the template on the interface of the online registration system, consistent with the registration or notification requirements.

The declaration of the content of online registration requests for security transactions, contracts, and announcements of seizure of enforcement assets shall be carried out in accordance with the guidelines set forth in Articles 14 and 15 of this Circular.

Article 14. Declaration of information about the parties involved in security interests, contracts, and enforcement officers notifying and the person subject to enforcement

The person requesting registration or the enforcement officer notifying about asset seizures for enforcement shall declare the name and identification number of the legal status of the parties involved in security interests, contracts, and the person subject to enforcement, as follows:

1. Information about the guarantor is declared as follows:

a) For Vietnamese citizens, they must declare their full name and identity card number as recorded on the Identity Card.

b) For foreign individuals, they must declare their full name and passport number as recorded on the Passport.

c) For stateless persons residing in Vietnam, they must declare their full name and residence permit number as recorded on the Residence Permit.

d) For organizations established under Vietnamese law with business registration, or foreign investors, they must declare their name and tax code issued by the tax authority. For organizations without business registration, they must declare their registered name as prescribed by law.

đ) For organizations established and operating under foreign laws, the registered name with the competent foreign authority shall be declared. In cases where the registered name of the organization is not in Latin script, the trading name in English shall be declared.

2. Information on the guarantor, seller, asset lessor, financial lease lessor, assignee of the right to claim debt, enforcement officer executing the notification (hereinafter referred to as the guarantor) shall be declared as follows:

a) Name of the beneficiary;

b) Address of the secured party.

Article 15. Description of the asset

1. The person requesting registration, the enforcement officer executing the notification of asset seizure for enforcement shall describe the asset according to the guidance on the interface of the application form for registration, the notification of asset seizure for enforcement online document, or submit an electronic record attached to the Application Form for Registration, Notification of Asset Seizure.

2. In cases where the asset is a motor vehicle and it is not goods circulating in the production or business process or future assets, the person requesting registration, the enforcement officer executing the notification of asset seizure for enforcement shall accurately describe the frame number of the motor vehicle according to the guidance on the interface of the online Application Form for Registration.

Article 16. Confirmation of the result of online registration of security transaction, contract, notification of asset seizure for enforcement

1. The online registration system confirms the result of the registration of security transactions, contracts, notifications of asset seizures for enforcement to the person requesting registration, the enforcement officer responsible for notifying the asset seizure at the transaction screen.

2. One (01) certified copy of the online registration confirmation of security transactions, contracts, notifications of asset seizures for enforcement (with signature and seal) shall be sent by one of the Registration Centers to the person requesting registration, the enforcement officer upon request through direct delivery or postal service.

3. In cases where there is a request for a certified copy of the confirmation document of online registration of security transactions, contracts, notifications of asset seizures for enforcement, the person requesting registration must pay the fee for issuing a certified copy in accordance with the provisions of the law, except in cases where the enforcement officer requests a certified copy.

4. The confirmation document or certified copy of the confirmation document of the registration of security transactions, contracts, notifications of asset seizures for enforcement issued by one of the Registration Centers shall have equal legal effect.

Article 17. Registration of changes, cancellation of registration of security transactions, contracts, notifications of asset seizures for enforcement

1. The online registration system assigns a personal code to the person requesting registration of security transactions, contracts, the enforcement officer notifying the asset seizure for enforcement to carry out the online registration of changes, cancellation of registrations for already registered security transactions, contracts, notifications of asset seizures. The person assigned the personal code is responsible for keeping the information about that personal code confidential.

2. In cases where security transactions, contracts, notifications of asset seizures for enforcement are registered through direct methods, postal service, fax, or email, the person requesting registration, the enforcement officer has the right to request the Registration Center (where the registration was carried out) to provide the personal code to carry out the online registration of changes, cancellation of registrations for security transactions, contracts, notifications of asset seizures.

Article 18. Handling cases where online registration does not have legal effect

1. In cases where the content of the registration of security transactions, contracts, notifications of asset seizures for enforcement falls within one of the cases stipulated in Article 8 of this Circular, the system supervisor shall report to the Director of the Registration Center for examination and decision to cancel the registration content, notification of asset seizure.

2. The cancellation of registration content, notification of asset seizure must be promptly notified by postal service to the address of the person requesting registration, the enforcement officer recorded in the Database on Security Transactions.

Chapter III

PROVISION OF INFORMATION THROUGH THE ONLINE REGISTRATION SYSTEM

Article 19. Method of obtaining information through the online registration system

The methods of obtaining information about security transactions, contracts, and seized assets through the online registration system include:

1. Self-searching for information;

2. Request for provision of information confirmed by the Registration Center as evidence to prove legitimate rights and interests related to movable property.

Article 20. Criteria for searching information through the online registration system

1. Information about security transactions, contracts, and seized assets can be searched based on the legal status documents of the guarantor party:

a) In cases where the guarantor is a Vietnamese citizen, the search criteria for information are the full name and ID card number.

b) In cases where the guarantor is an organization established under Vietnamese law with business registration or a foreign investor, the search criteria for information are the tax code of the organization or foreign investor.

c) In cases where the guarantor is a foreign individual, the search criteria are the full name and passport number; for stateless persons residing in Vietnam, the search criteria for information are the full name and permanent residence card number of the person.

d) In cases where the guarantor is an organization established under Vietnamese law without business registration, the search criteria for information are the name registered in accordance with the law of the organization.

e) In cases where the guarantor is an organization established and operating under foreign law, the search criteria are the name registered with the competent authority in the foreign country;

2. Information about security transactions, contracts, and seized assets can be searched based on the frame number of motor vehicles.

3. Information about security transactions, contracts, and seized assets can be searched based on the registration number of security transactions, contracts, and notifications of asset seizures for enforcement.

Article 21. Self-searching for information through the online registration system

1. Every organization and individual has the right to self-search for information on secured transactions, contracts, and seized assets stored in the Secured Transactions Database through the online registration system.

2. Information on secured transactions, contracts, and seized assets that organizations and individuals search for themselves shall not be confirmed by the Registration Center and no fee for providing such information shall be required.

Article 22. Request for provision of information through the online registration system

1. In cases where organizations or individuals request information on security transactions, contracts, seized assets, the Registration Center shall directly send or deliver by postal service the information provision document with confirmation (signature, seal) to the person requesting the information.

2. The request for provision of information on secured transactions, contracts, and seized assets as stipulated in Clause 1 of this Article must be accompanied by a fee for providing information as prescribed by law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effective date

This Circular takes effect from March 1, 2011.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."1. For applications and files received by competent authorities before the date this Circular takes effect but not yet resolved, such authorities shall continue to process them according to the laws applicable at the time of receipt.

1. The issuance of online registration accounts for organizations and individuals is carried out simultaneously with the recognition of regular customer status. The National Registration Department for Security Transactions shall be responsible for promulgating the Regulations on the issuance, management, and use of regular customer codes and online registration accounts.

In cases where organizations or individuals were recognized as regular customers before the effective date of this Circular, the National Registration Department for Security Transactions shall be responsible for reviewing, issuing, and notifying the online registration account to the customer to carry out the online registration of security transactions, contracts, notifications of asset seizures for enforcement.

2. In case organizations or individuals request to register changes or cancellation of collateral transaction registrations, contracts, or notifications of asset seizures for enforcement judgments that were registered before this Circular takes effect, such organizations or individuals may choose among the registration methods provided herein, namely direct registration, postal service, fax, email, or online registration system as guided in this Circular.

3. For localities selected for pilot implementation of notary offices, the procedures and formalities for notifying asset seizures and obtaining information on seized assets by notaries shall also be carried out in accordance with the provisions of this Circular.

Article 25Responsibility for Implementation

1. The National Registration Agency for Collateral Transactions shall be responsible for guiding the online registration and provision of information on collateral transactions, contracts, and notifications of asset seizures for enforcement judgments as stipulated in this Circular.

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