Consolidated Document number 290/VBHN-BTP guiding certain issues regarding registration, provision of information on security measures, contracts, and exchange of registration information on security measures at the National Register of Property Transactions Centers under the Ministry of Justice.

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 290/VBHN-BTP	Hanoi, February 1, 2021

CIRCULAR

GUIDELINES ON CERTAIN ISSUES REGARDING REGISTRATION, INFORMATION DISSEMINATION ON SECURITY MEASURES, CONTRACTS, AND INFORMATION EXCHANGE ON SECURITY MEASURE REGISTRATION AT THE NATIONAL REGISTER OF PROPERTY RIGHTS AND TRANSACTIONS UNDER THE MINISTRY OF JUSTICE

Circular No. 08/2018/TT-BTP dated June 20, 2018, issued by the Minister of Justice, guiding certain issues regarding registration, information dissemination on security measures, contracts, and information exchange on security measure registration at the National Register of Property Rights and Transactions under the Ministry of Justice, which took effect from August 4, 2018, has been amended and supplemented by:

Circular No. 06/2020/TT-BTP dated December 17, 2020, issued by the Minister of Justice, amending and supplementing certain provisions of Circular No. 08/2018/TT-BTP dated June 20, 2018, issued by the Minister of Justice, guiding certain issues regarding registration, information dissemination on security measures, contracts, and information exchange on security measure registration at the National Register of Property Rights and Transactions under the Ministry of Justice, which took effect from February 1, 2021.

Pursuant to the Civil Code dated November 24, 2015;

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

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

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

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

The Minister of Justice promulgates this Circular guiding certain issues regarding registration, information dissemination on security measures, contracts, and information exchange on security measure registration at the National Register of Property Rights and Transactions under the Ministry of Justice.[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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This Circular guides certain issues regarding registration, information dissemination on security measures, contracts, and information exchange on security measure registration at the National Register of Property Rights and Transactions under the Ministry of Justice.

Article 2. Applicability

1. The Registration Center for property rights and transactions (hereinafter referred to as the Registration Center) of the National Register of Property Rights and Transactions under the Ministry of Justice.

2. Provincial People's Court Enforcement Agency, Municipal People's Court Enforcement Agency directly under the Central Government, District People's Court Enforcement Agency, County People's Court Enforcement Agency, City People's Court Enforcement Agency directly under a province (hereinafter referred to as the People's Court Enforcement Agency), Notary Public Office.

3.[3] The agency registering ownership rights, usufruct rights, and circulation rights over assets as specified in Point b Clause 1 Article 63 of Decree No. 102/2017/NĐ-CP dated September 1, 2017, of the Government on registration of security measures (hereinafter referred to as Decree No. 102/2017/NĐ-CP) for motor vehicles; railway transport means; inland waterway transport means; fishing vessels; specialized equipment with registered ownership rights, circulation rights.

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

5. Other individuals, legal entities related.

Article 3. Authority for Registration and Information Dissemination of the Registration Center

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

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

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

3. The registration and information dissemination on security measures, contracts at the Registration Centers have equal legal validity.

Article 4. Obligation to Exchange Information on Registration of Security Measures at Registration Centers

1. The Registration Center shall send notice of the pledge of means of transportation to one of the following authorities CHIEF registering ownership rights, Scope of service activity usage rights,circulation rights of assets authority as stipulated in Clause 3, Article 2 of this Circular if the person requesting registration has a request form for notification of the pledge of means of transportation and pays the fee as prescribed by law. 2. Enforcement officers are responsible for sending Notice of Seizure of Assets for Enforcement, Notice of Release from Seizure of Assets for Enforcement which are means of transportation or other chattels, except aircrafts and ships, to one of the Registration Centers. On the same day of signing the Decision to seize assets or release from seizure of assets for enforcement, the Civil Enforcement Agency is responsible for sending Notice of Seizure of Assets or Notice of Release from Seizure of Assets for Civil Enforcement to the Department of Justice of the province or centrally governed city to promptly update the database on notarization as prescribed. 3. The exchange of information on the legal status of secured assets at Registration Centers shall have equal legal value.

Article 5. Registration of Security Measures

In cases where individuals or organizations make requests, the Registration Center shall carry out registration of security measures, registration of changes to the contents of registered security measures, correction of errors, cancellation of registration, and registration of notices regarding the disposal of secured assets in the following situations:

1. Pledge of chattels, excluding aircrafts and ships, including the pledge of chattels to be formed in the future;

2. Retention of ownership rights in cases of sale of chattels, excluding aircrafts and ships, with retention of ownership rights.

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Article 5a. Contract Registration

1. In cases where individuals or organizations request registration to publicize information, the Registration Center shall carry out registration of contracts, registration of changes to the contents of registered contracts, correction of errors, and cancellation of registration for the following contracts (excluding civil aircraft purchase contracts under the law on aviation, financial lease contracts for aircrafts under the law on financial leasing, ship purchase contracts under the law on maritime affairs, financial lease contracts for ships that do not fall within the scope specified in Clause 3, Article 39 of Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the Governor of the State Bank of Vietnam on the issuance of licenses, organization, and operation of non-bank credit institutions, contracts related to land use rights and attached immovable property under the law on land, housing):

a) Lease contracts for assets with a term of one year or more or lease contracts with a term of less than one year but the parties agree on extension and total lease term (including extension period) of one year or more; consignment contracts;

b) Financial lease contracts as prescribed by the law on financial leasing;

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c) Contracts for the transfer of debt collection rights, receivables, and other payment claims including existing or future debt collection rights, receivables, and other payment claims.

2. The registration mentioned in Clause 1 of this Article does not create the validity of the contract. The person requesting registration shall bear legal responsibility for the legality and accuracy of the information declared in the Request Form for Registration.

b) Financing lease contracts as provided for by the laws on financing leases;

c) Contracts transferring claims for payment, receivables, and other payment demands including existing or future claims for payment, receivables, and other payment demands;

2. The registration referred to in Clause 1 of this Article does not give rise to the validity of the contract. The person requesting registration shall be responsible under the law for the legality and accuracy of the information declared in the Registration Request Form.

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

The assets serving as collateral shall be registered at the Registration Center upon request, including:

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

2. Fishing boats; inland waterway transportation means.

3.[6] Machinery; specialized equipment as prescribed by relevant laws not included in Clause 1 and Clause 2 of this Article and not being aircrafts or ships; production equipment; raw materials, fuels, materials, goodsCoat; metals, precious stones; other movable assets that are objects.

4. Vietnamese currency, foreign currency.

5. Capital contribution in enterprises as prescribed of by business laws.

6. Shares, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks and other negotiable instruments as prescribed by law, with value convertible to money and permitted for trading; lawful receivables of individuals and legal entities.

7.[7] Property rights include:

a) Property rights over copyright objects, industrial property rights, plant variety rights; property rights arising from scientific research results, technological development, technology transfer or other property rights valued in money in the fields of science, technology, information technology; natural resource exploitation rights;

b)[8] (Repealed)

c) Property rights arising from contracts including debt collection rights, payment claim rights, benefit enjoyment rights formed from contracts, project exploitation and management rights, contractual damage compensation rights or other property rights valued in money arising from contracts (excluding land use rights, rights to immovable property attached to land, ownership or other rights required to be registered for aircrafts and ships under aviation and maritime laws); insurance benefit enjoyment rights; extra-contractual damage compensation rights;

d) Other property rights as prescribed by law.

8.[9] The right to receive insurance proceeds for the collateral asset or other benefits obtained from the collateral asset as stipulated in this Article; profits; interest, receivables, fees obtained from exploiting aircrafts and ships, from operating the value of land use rights, immovable property attached to land, or from investing, operating, managing, developing housing construction projects, construction works and infrastructure projects, and other assets attached to land.

9Other movable assets as provided for in Clause 2 Article 107 of the Civil Code For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;ân sự.

10. Temporary houses and other constructions not certified with ownership rights as stipulated in Clause 2, Article 35 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing certain provisions of the Land Law such as: temporary structures built during the main construction period or constructed with bamboo, palm leaf, thatch, earth materials; auxiliary structures outside the main construction area and serving the management, use, operation of the main construction; or other assets attached to land for which ownership certification has not been prescribed by law such as: prefabricated steel houses, factory frames, net houses, film houses; wells; drilled wells; water tanks; yards; fences; electric poles; power stations; pumping stations, power generation and transmission systems; household water supply and drainage systems; internal roads and other auxiliary structures.

Article 7. Usage Code for the Guarantee Measures Database

Each individual or legal entity shall be granted by the National Registration Agency for Security Interests under the Ministry of Justice one (01) usage code for the Guarantee Measures Database to register guarantee measures and contracts established by such individual or legal entity.

Article 7a. Online Registration in Cases Not Requiring a Usage Code for the Guarantee Measures Database

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1. Individuals or legal entities that do not require a usage code for the Guarantee Measures Database but wish to conduct online registration may create an account to perform registrations and request information provision.

Individuals or legal entities use the created account to register guarantee measures and contracts established by themselves.

2. When creating an online registration account on the National Registration Agency for Security Interests' online registration system under the Ministry of Justice, individuals or legal entities must fully declare their information and bear legal responsibility for the declared content while attaching scanned copies (in PDF format) of original documents confirming their legal status (ID card or citizen identification card or military officer identity card issued according to regulations of the Law on Military Officers, the Law on Professional Military Personnel, Civil Servants and Defense Employees for Vietnamese citizens; passport for foreign individuals; permanent residence certificate for stateless persons residing in Vietnam; business registration certificate for legal entities and private enterprises; branch activity registration certificate, business location registration certificate, establishment decision for other organizations) to the system.

3. When conducting online registration, individuals or legal entities must fill out the electronic interactive forms according to the guidelines set forth in this Circular.

4. Individuals or legal entities must pay the registration and information provision fees before confirming the registration and information provision requests on the online registration system.

5. Individuals or legal entities who have already been granted a usage code for the Guarantee Measures Database by the National Registration Agency for Security Interests shall not create an account as stipulated in Clause 1 of this Article.

In cases where individuals or legal entities have already created an account as stipulated in Clause 1 of this Article and subsequently request a usage code for the Guarantee Measures Database, they must submit a request to the National Registration Agency for Security Interests for issuance according to regulations. The National Registration Agency for Security Interests will terminate this account prior to issuing the usage code for the Guarantee Measures Database.

Article 8. Attached to this Circular are the following forms:

1. Request Form for Registering Guarantee Measures and Contracts.

2. Request Form for Amending Registered Content.

3. Request Form for Correcting Errors.

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

5. Request Form for Deleting Registrations.

6. Request Form for Issuing Copies of Registration Certificates.

7. Request Form for Providing Information on Guarantee Measures, Contracts, and Asset Seizure Notifications for Enforcement of Civil Judgments.

8. Request Form for Issuing PIN Codes.

9. Certificate of Registration for Guarantee Measures and Contracts.

10. Information Provision Document on Guarantee Measures, Contracts, security measures Asset Seizure Notifications for Enforcing Civil Judgments, 11. Notification Document on Asset Seizure for Enforcing Civil Judgments..

12. Notification Document on Lifting Asset Seizures for Enforcing Civil Judgments.

13. Confirmation Document on Information Exchange Regarding Asset Seizures and Lifting of Asset Seizures for Enforcing Civil Judgments.

14. Request Form for Restoring Online Registration Results.

15. Request Form for Notifying Pledges of Transportation Vehicles.

16. Appendix with Information on Collateral/Pledged Transportation Vehicles.

17. Appendix with Parties Involved in Guarantee Measures, Contracts, and Persons Subject to Enforcement of Civil Judgments.

18. Appendix Describing Secured Assets and Assets Seized for Enforcing Civil Judgments Including Motor Vehicles But Not Described by Frame Numbers or Used for Other Declarations.

19. Appendix Describing Secured Assets and Assets Seized for Enforcing Civil Judgments According to Frame Numbers of Motor Vehicles.

20. Appendix Listing Registered Guarantee Measures and Contracts.

SPECIFIC REGULATIONS ON REGISTERING GUARANTEE MEASURES AND CONTRACTS

Chapter II

PROVISIONS ON THE REGISTRATION OF SECURITY MEASURES AND CONTRACTS

Article 9. Declaration of information on the Registration Request Form and the Interactive Electronic Form of the online registration system

1.[11] Information about the guarantor, buyer of property with reserved ownership rights, lessee of property, financial lease lessor, creditor transferring claim, consignee of goods (hereinafter referred to as the guarantor) shall be declared as follows:

a) For Vietnamese citizens, full name and number of one of the following documents shall be declared: Identity Card; Citizen Identification Card; proof issued in accordance with the regulations of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Civil Servants and Defense Officials;

b) For foreign individuals, full name and passport number as recorded in the passport shall be declared;

c) For stateless persons residing in Vietnam, full name and permanent residence card number as recorded on the permanent residence card shall be declared;

d) For individual businesses, full name and tax code of the individual business shall be declared;

đ) For households, household members' information shall be declared in accordance with point a of this clause;

e) For traders and cooperative organizations, trader members' and cooperative organization members' information shall be declared in accordance with point a of this clause;

g) For legal entities established under Vietnamese law, the name and tax code issued by the tax authority shall be declared; in cases where the legal entity does not have a tax code, declaration shall be made according to the guidance provided in point k of this clause;

h) For branches of legal entities, full name and tax code of the branch shall be declared;

i) For organizations established and operating under foreign laws, the name registered 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;

k) For other organizations, the name of the organization shall be declared;

l) Address of the guarantor.

2.[12] Information about the secured party, seller of property with reserved ownership rights, lessor of property, financial lease lessor, creditor receiving transferred claim, consignor of goods (hereinafter referred to as the secured party) shall be declared as follows:

a) Name of the beneficiary;

b) Address of the secured party.

3. Information about the guarantor, secured party who are Vietnamese individuals or legal entities and the collateral must be declared in Vietnamese with tones, except when the collateral has a specific name in a foreign language.

4. The person requesting registration shall declare only one contract number and one signing date of that contract at the "Contract Number" section on the Registration Request Form or on the Interactive Electronic Form of the online registration system.

5. In cases where the collateral is a motor vehicle or railway transport vehicle (hereinafter referred to as a motor vehicle) and such asset is not a circulating good in the production or business process or is not future property, the person requesting registration and the person performing registration shall accurately declare the chassis number of the motor vehicle according to the Vehicle Registration Certificate or Railway Transport Vehicle Registration Certificate (collectively referred to as the Vehicle Registration Certificate) on the Interactive Electronic Form of the online registration system or on "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:the Registration Request Form or the "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:"chassis number" field on the Interactive Electronic Form In cases where the collateral is a specialized vehicle with registered ownership and circulation rights, the person requesting registration shall declare in accordance with Clause 5 of this Article. Description of the collateral shall be carried out in accordance with the guidance provided in Clauses 1, 2, and 5 of Article 10 of this Circular. of the online registration system.

6.[13] In cases where the guarantor's information is declared based on proof issued in accordance with the regulations of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Civil Servants and Defense Officials, the person requesting registration shall declare in the field showing Identity Card or Citizen Identification Card on the Registration Request Form or the corresponding field on the Interactive Electronic Form of the online registration system.

7.[14] In cases where the guarantor's information is declared based on identification documents issued according to the laws on officers of the Vietnam People's Army, the Law on Professional Military Personnel, Civil Servants, and Defense Employees, the person requesting registration shall declare such information in the space for Identity Card or Citizen Identification Card on the Registration Request Form or in the corresponding field of the online registration system interactive form.

Article 10. Description of Secured Property

1. The description of secured property that is a motor vehicle shall be carried out as follows:

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

b) If the frame number of the motor vehicle contains special characters (for example: *, #...), then the person requesting registration and the person conducting the registration, in addition to declaring the frame number (excluding special characters) on the registration request form or field field on the Interactive Electronic Form In cases where the collateral is a specialized vehicle with registered ownership and circulation rights, the person requesting registration shall declare in accordance with Clause 5 of this Article. Description of the collateral shall be carried out in accordance with the guidance provided in Clauses 1, 2, and 5 of Article 10 of this Circular. of the online registration system as directed above, must also fully declare the frame number (including numbers, letters, and special characters) in the "Description of Property" section on "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:the registration request form or the "Description" field on the Interactive Form of the online registration system.

In the case where the person requesting registration requests to notify the mortgage of the motor vehicle to the authority responsible for registering ownership rights, usage rights, and circulation rights, the person conducting the registration must declare the engine number (if available) and license plate number of the motor vehicle.

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

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

b) In case the secured property is a motor vehicle and this property is circulating goods during production and business operations or future assets, the person requesting registration and the person conducting the registration do not need to describe the frame number of the motor vehicle on Bthe interactive form of the online registration system, but in List in the "Description of Property" section on "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:the registration request form or the "Description" field on the interactive form Bthe interactive form of the online registration system to seize, describe the secured property "as circulating goods during production and business operations" or "as future assets";

c) The specific name of the property right, legal basis for the creation of the property right, monetary value of the property right (if applicable), or other information related to the property right in the case where the secured property is a property right.

3. In the case where the secured property is ancillary works and this property has not been certified with ownership rights on the Certificate of Ownership, in List in the "Description of Property" section on Informed or the "Description" field on the interactive form Bthe interactive form of the online registration systemthe person requesting registration and the person conducting the registration shall describe the secured property as ancillary works (for example, "The secured property is ancillary works all Vietnamese sea vessels and inland waterway vessels with a gross tonnage of 50 GT office building, parking garage, guard house 4. In the case of...”).

registering a notice regarding the disposal of secured property the person requesting registration then describes the property a) In the case of disposing of all secured property, the person requesting registration only needs in List in the "Description of Property" section on "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:the registration request form or the "Description" field on the interactive form Bthe interactive form of the online registration system as follows:

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

5. In the case of registering changes to the content of the security measures already registered, in sections 3.2 and 3.4 on the Registration Request Form or the "Description" field on

the interactive form, the person requesting registration and the person conducting the registration must declare the specific changes. (Example: 1. Reduce secured property: 1. Car, brand..., frame number..., engine number..., license plate...). In the case of registering changes to contents that are not secured property, the phrase "No change to secured property" must be entered and the details of the other changes must be clearly stated in the "Description" field on Bthe interactive form of the online registration system(Example: Change guarantor's address, no change to secured property). Bthe interactive form of the online registration system 6. In the case where a mortgage contract has multiple secured properties (with more than 50 pages describing the secured property on A4 paper) and these properties are not motor vehicles, the person conducting the registration may provide a general description or a summary description but must clearly identify the secured property.

6. In cases where a mortgage contract has multiple collateral assets (with asset descriptions exceeding 50 pages of A4 paper) and such assets are not motor vehicles, the person registering may provide general descriptions or summaries but must clearly identify the collateral assets.

Article 11. Signing the Registration Request Form

1.[15] The Registration Request Form must bear the signatures and seals (if applicable) of the legal entities, individuals participating in the security measures or contracts, or persons authorized by them, except for the cases specified in Clauses 2, 3, and 4 of this Article.

2.[16] The Registration Request Form only requires the signature and seal (if applicable) of one of the parties participating in the security measures or contracts, or a person authorized by one of these parties, in the following cases:

a) In the case where one of the parties participating in the security measures or contracts does not sign the Registration Request Form, the party requesting registration shall submit the Registration Request Form along with the original or certified copy of the security contract or contract (one copy). If the Registration Request Form is sent via email, the party requesting registration shall attach a scanned copy from the original Registration Request Form and accompanying documents, using a file format according to technical standards (PDF).

b) In the case of registering changes regarding the beneficiary of the security or reducing the secured assets, registering the notification of asset disposal, or canceling the registration of security measures, the Registration Request Form only requires the signature and seal (if applicable) of the beneficiary of the security or a person authorized by the beneficiary to request registration.

c) In the case of canceling registration or registering changes to reduce secured assets when there are multiple beneficiaries of the security but the Registration Request Form is signed by only one of the beneficiaries, it is necessary to submit a document expressing the consent of the remaining beneficiaries regarding the cancellation of registration (such as the original or certified copy of the liquidation record of the mortgage contract or the release notice) or a document expressing the consent of the remaining beneficiaries regarding the reduction of secured assets (original or certified copy).

In the case where the beneficiary of the security does not sign the Registration Request Form, the Registration Request Form only requires the signature and seal (if applicable) of the guarantor or a person authorized by the guarantor, and the party requesting registration shall submit a document agreeing to cancel registration (such as the original or certified copy of the liquidation record of the mortgage contract or the release notice), and a document agreeing to register changes to reduce secured assets from the beneficiary of the security (original or certified copy).

d) In the case where an organization without a seal signs on the Registration Request Form to change the registered content, the Registration Request Form to correct errors, the Registration Request Form to register the notification of asset disposal, or the Registration Request Form to cancel registration does not match the signer on the previous Registration Request Form, the party requesting registration is responsible for providing a document identifying the authorized signatory on the Registration Request Form (original or certified copy) for backup and comparison.

3.[17] In the case of registering changes to the beneficiary of the security due to business restructuring, debt purchase, or transfer of claims or other obligations as stipulated by law, the Registration Request Form only requires the signature and seal (if applicable) of the new beneficiary of the security or a person authorized by the new beneficiary.

4.[18] In the case of canceling registration as provided for in Point i Clause 1 Article 21 of Decree No. 102/2017/NĐ-CP, if the party requesting cancellation of registration is the Civil Enforcement Agency, Notary Public Office that has seized or disposed of the secured assets, or an individual or legal entity purchasing enforcement assets, the Registration Request Form only requires the signature and seal (if applicable) of these organizations or individuals or a person authorized by the individual or legal entity purchasing enforcement assets. In this case, the Civil Enforcement Agency, Notary Public Office, individual, legal entity purchasing enforcement assets, or a person authorized by the individual or legal entity purchasing enforcement assets shall sign and stamp (if applicable) at the beneficiary's acknowledgment section on the Registration Request Form for cancellation of registration.

Article 12. Methods of paying fees

1.[19] The methods of paying fees when registering, providing information on security measures, and contracts include:

a) Submitting directly at the Registration Center where the Registration Request Form is submitted;

b) Paying online through the online registration system;

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

2.[20] (Repealed)

3. In case the customer does not fulfill the obligation to pay the fee when performing registration, providing information, or failing to pay the fee for obtaining the code number to use the database on security measures as prescribed by laws on fees and charges, the National Registration Agency for Security Interests under the Ministry of Justice will temporarily lock the code number for using the database on security measures and only reactivate the code number for using the database on security measures once the customer has fully paid the fee. Within three (03) months from the date the code number for using the database on security measures is temporarily locked,Coatif the customer still fails to pay the fee, the National Registration Agency for Security Interests under the Ministry of Justice will terminate the code number for using the database on security measures.

Article 13. Registering security measures, contracts; changing registered contents of security measures, contracts; correcting errors made by

the registration authority; registering notices regarding the disposal of secured assets; canceling registrations of security measures, contracts

1. In case the person requesting registration submits the Registration Request Form and it has been registered but later discovers that the Registration Request Form duplicates a previously registered form, before that time, then the person requesting registration must submit a Registration Request Form to cancel the duplicate registration requests . The person requesting registration must pay the registration fee for the duplicate registration requestsIn case of changing the secured party in multiple registered security measures, the person requesting registration may submit a set of documents to request changes regarding the secured party for all such security measures including: the Registration Request Form for changing registered contents; authorization document (if any); list of registration numbers requiring changes..

2.[21] 3. In case of canceling the registration of security measures, contracts,

if the information about one of the parties or the parties involved in the security measures, contracts at the time of cancellation of registration does not match the information stored in the Database, then the person requesting registration must first complete the change registration procedure before proceeding with the cancellation registration procedure for online registrations If the registration is performed through direct submission, postal service, or email, then simultaneously submit the Registration Request Form for changing and the Registration Request Form for cancellation to the Registration Center to complete the change registration and cancellation procedures.. In case the secured party requests the cancellation of multiple registered security measures describes the property only one R

equest for cancellation of registration; a, then the person requesting registration ntorization document (if any);the registration request form list of registration numbers to be canceled.In case of changing the date of signing the guarantee contract or another contract, this date shall not be later than the initial registration date of the security measure or contract already registered. In case the security measure or contract already registered involves movable property described by the chassis number on the factory release certificate or customs declaration, and when this property is issued a Vehicle Registration Certificate with a different chassis number from the one previously registered, the person requesting registration must update the chassis number according to the number on the Vehicle Registration Certificate following the procedure stipulated in Article 52 of Decree No. 102/2017/NĐ-CP.

4.[22] In case of registering security measures, contracts where the registration dossier includes foreign language documents, these documents must be translated into Vietnamese and certified in accordance with the provisions of the law.

5.[23] Where security measures or contracts that have been registered include assets described by chassis numbers from the factory dispatch form or customs declaration forms, if the chassis number on the Vehicle Registration Certificate differs from the previously registered chassis number, the person requesting registration shall update the chassis number information according to the number on the Vehicle Registration Certificate in accordance with the procedures stipulated in Article 52 of Decree No. 102/2017/NĐ-CP.

6.[24] In cases where the registration of security measures or contracts includes documents in foreign languages in the registration dossier, these documents must be translated into Vietnamese and certified in accordance with the provisions of the law.

Article 14. Cases for new registration when there is a change in information about the content of registered security measures

1. Cases for new registration when there is a change in information about the content of registered security measures include:

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

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

2. The procedures for registering security measures in cases prescribed in Clause 1 of this Article shall be implemented in accordance with the provisions of Section 5 Chapter II of Decree No. 102/2017/ND-CP.

Article 15. Submitting documents to prove in cases where no fee is required when registering security measures

1. In cases where the person requesting registration does not have to pay fees when registering security measures according to the law and the Registration Request Form is submitted through direct submission or postal submission, then simultaneously submit one of the documents specified in Clause 1 of Article 12 of Decree No. 102/2017/ND-CP.

2. In cases where the person requesting registration does not have to pay fees when registering security measures according to the law and the Registration Request Form is submitted through email or online methods, then after receiving the registration result, the person requesting registration shall directly submit or send via postal service one of the types of documents specified in Clause 1 of Article 12 of Decree No. 102/2017/ND-CP along with a copy of the Certificate of Security Measure Registration, contract for the Registration Center to implement without charging fees.

3. In cases where the Registration Center discovers that the proof documents mentioned in Clause 1 of this Article are erased, torn, or damaged, the Registration Center will charge the registration fee for security measures according to the law.

Article 16. Archiving registration files

The Registration Center implements archiving of files registration security measures ensuresand contracts by electronic storage method as stipulated in the Law on Archives and Decree No. 01/2013/ND-CP dated January 3, 2013 of the Government detailing implementation of certain provisions of the Law on Archives.

Chapter III

PROVISION OF INFORMATION ON SECURITY MEASURES, CONTRACTS, RECORDED ASSETS; EXCHANGE OF INFORMATION ON SECURITY MEASURE REGISTRATION

Article 17. Criteria for providing information

The provide information on security measures security, contracts, recorded assets shall be carried out based on the following criteria:

1.[25] According to the identification number of the document determining the legal status of the guarantor as specified in Clause 1 of Article 9 of this Circular.

2.[26] According to the frame number of the means of transportation or specialized equipment registered for ownership or circulation rights in cases where the security asset is a means of transportation or specialized equipment with a frame number.

3.[27] According to the registration number of the security measure or contract already registered.

4.[28] According to the name of the guarantor as specified at point i and point k of Clause 1 of Article 9 of this Circular.

Article 18. Methods of exchanging information

1. Roughinformation on security measure registration at the Registration Center; information on asset seizure for enforcement or information on asset release from seizure for enforcement at the Enforcement Agency shall be sent through one of the following methods:

a) Directly;

b) Through postal service;

c) Through email;

d) Through the online registration system.

2. Exchanging information through email is conducted after receiving a notification letter of the official email address of the lead department for information exchange and receipt. An electronic document is a digitalized version of the original document, signed and stamped by the information exchange agency, using a file format according to technical standards (PDF).

Article 19. Grounds for Refusing to Accept Information Exchange

1. Registration Center refuses to exchange information when there is one of the following grounds:

a) Not within the scope of information subject to after exchanging opinions as prescribed in Article 20 of this Circular;

b) Method after exchanging opinions information not in accordance with the provisions of Article 18 of this Circular;

c) The document requesting notification of the mortgage of a means of transportation or the document notifying the seizure or release of seized assets for enforcement does not fully disclose or disclose incorrectly according to the model issued together with this Circular.

2. The refusal to accept information must be carried out in writing on the same day the information is received from the competent authority, clearly stating the reasons for the refusal and guiding the implementation in accordance with the relevant laws. In case the information is received after 15:00 hours, the refusal to accept information shall be implemented on the next working day.

Article 20. Scope of Information Subject to Exchange

1. Information exchanged by the Registration Center includes:

a)[29] Information about the guarantor including name, identification number confirming legal status; information about the secured party being the name stored in the database on security measures;

b)[30] Information about motor vehicles, inland waterway vessels, fishing boats, railway transportation means, special-purpose vehicles including: Frame number, engine number (if applicable), license plate number, vehicle name for motor vehicles and special-purpose vehicles registered with ownership rights and circulation rights; vessel name, registration number, year and place of construction, length, width, height, gross weight, main engine power (if applicable) for inland waterway vessels and fishing boats; vehicle name, registration number, engine number, type of engine (if applicable) for locomotives and special-purpose vehicles with engines, registration number for carriages and flat cars (if applicable);

c) Date of registration of security measures.

2. Seized assets and related information on seized assets exchanged by the Civil Enforcement Agency according to this Circular include:

a) Assets subject to exchange are those assets that, according to the law, the Enforcement Officer must notify the Registration Center when issuing a seizure decision and recorded in the seizure record for the assets specified in Article 6 of this Circular, except for cases wherethe seized assets have been transferred to individuals or organizations capable of preserving send a text message already preserved in the warehouse of the Civil Enforcement Agency; orthe value of the seized asset temporarily estimated by the Enforcement Officer under the seizure decision is less than 30 months of the minimum wage stipulated by the State.;

b) Related information on seized assets exchanged by the Civil Enforcement Agency includes: Seizure Decision or Decision to Lift Seizure of Execution Assets (Date, month, year of Decision signing; Decision Number); information about the person subject to execution (owner of the asset), information about the seized asset disclosed according to the provisions of Clause 1, Clause 5, Article 9 and Article 10 of this Circular.

Article 21. Disclosure of Information on the Notification Document of Asset Seizure for Execution or Release of Seizure

1. At the section "Person notifying" of the Notification Document of Asset Seizure for Execution, mark the choice of the person responsible for notifying the asset seizure according to the Civil Enforcement Law.

2. Information about the person subject to execution is disclosed according to the guidance at Clause 1, Article 9 of this Circular.

3. Information about the Enforcement Officer implementing the notification of seizure: Full name; address of workplace.

Article 22. Receiving and Processing Exchanged Information

1.[31] In cases where there is a request to send a notification of collateral on motor vehicles, specialized vehicles registered for ownership and circulation rights, inland waterway vessels, fishing boats, railway transportation means, the Registration Center shall submit a copy of the document certifying the registration of security measures, contracts, and notifications of asset seizure for enforcement along with the Appendix containing information on collateral assets (or release of collateral) as transportation means to the authority responsible for registering ownership and circulation rights.

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

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

In case The Civil Enforcement Agency sends a Seizure Notification or a Notification of Release of Seizure of Enforcement Assets to the Registration Center through the online system, then the Enforcement Officer shall follow the guidance provided in Article 56 of Decree No. 102/2017/ND-CP.

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

4. In cases where the Enforcement Officer has sent a Notification Document regarding the Seizure of Enforcement Assets but later finds that the Notification Document duplicates a previously issued Notification Document, the Enforcement Officer shall submit a "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:request to delete the notification to the Registration Center or perform the deletion on the Interactive Form provided in this Circular. of the online registration system.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

[32]

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

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

2. Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on transaction security, contracts, and notifications of asset seizure for enforcement via direct delivery, postal service, fax, and email at the Transaction and Asset Registration Centers of the National Registry of Transaction Security under the Ministry of Justice.

3. Circular No. 08/2014/TT-BTP dated February 26, 2014, issued by the Minister of Justice amending and supplementing certain provisions of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on transaction security, contracts, and notifications of asset seizure for enforcement via direct delivery, postal service, fax, and email at the Transaction and Asset Registration Centers of the National Registry of Transaction Security under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Minister of Justice guiding the registration and provision of online transaction security information, contracts, and notifications of asset seizure for enforcement.

4. Circular No. 11/2015/TT-BTP dated September 1, 2015, issued by the Minister of Justice amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014, issued by the Minister of Justice amending and supplementing certain provisions of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Minister of Justice guiding certain issues related to the registration and provision of information on transaction security, contracts, and notifications of asset seizure for enforcement via direct delivery, postal service, fax, and email at the Transaction and Asset Registration Centers of the National Registry of Transaction Security under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Minister of Justice guiding the registration and provision of online transaction security information, contracts, and notifications of asset seizure for enforcement.

Article 24. Transitional Provisions

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

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

3. In cases where a security measure or contract has already been registered and the person requesting registration requests a new PIN code, the Registration Center shall issue a new PIN code to the requesting party.

4.[33] From the effective date of the Securities Law 2019 and the Decree detailing the implementation of certain provisions of the Securities Law, the Registration Center shall register security measures for non-concentrated securities at the Vietnam Securities Depository and Clearing Corporation in accordance with Articles 61 and 62 of the Securities Law.

Article 25. Responsibilities for Implementation

1. The National Registry of Transaction Security under the Ministry of Justice shall be responsible for guiding the issuance of database identification numbers for security measures to individuals and legal entities making requests.

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

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

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Nguyen Khanh Ngoc

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