Consolidated Document number 2908/VBHN-BTP guiding online registration and provision of information for security transactions, contracts, and notifications of asset seizures for enforcement.

MINISTRY OF JUSTICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 2908/VBHN-BTP	Hanoi, July 1, 2014

CIRCULAR

GUIDELINES ON REGISTRATION AND ONLINE INFORMATION DISSEMINATION FOR SECURITY TRANSACTIONS, CONTRACTS, AND ANNOUNCEMENTS OF ASSET SEIZURE IN ENFORCEMENT PROCEEDINGS

Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding on registration and online information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings, which took effect from March 1, 2011, has been amended and supplemented by:

Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Security Transactions and Assets under the National Register of Security Transactions of the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding on registration and online information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings, which took effect from April 15, 2014.

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 dated November 14, 2008;

Pursuant to Decree No. 65/2005/NĐ-CP dated May 19, 2005 of the Government stipulating amendments and supplements to certain provisions 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 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice1;

In order to ensure consistency in the application of regulations on registration and online information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings, the Ministry of Justice guides on certain contents as follows:

Chapter 1

GENERAL PROVISIONS

Article 1.

2

Scope of Application

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1. The security transactions registered online in accordance with this Circular include:

a) Mortgage of assets;

b) Pledge of assets;

c) Deposit, pledge, guarantee;

d) Other cases if prescribed 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, precious stones;

d) Vietnamese currency, foreign currency;

d) Shares, bonds, bills of exchange, promissory notes, deposit certificates, fund certificates, checks, and other negotiable instruments as prescribed by law, valued in money and permitted to be traded;

e) Rights arising from copyright, industrial property rights, plant variety rights; claims and other property rights belonging to the secured party arising from contracts or other legal grounds (excluding land use rights, ownership of housing);

e1) Rights arising from contracts and transactions concerning immovable property in compliance with Article 181 of the Civil Code 2005 and Clause 3 of Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Rights arising from contracts for the sale of housing, joint venture contracts for housing construction, joint venture contracts for housing business (including social housing) between individuals and organizations purchasing from real estate businesses according to approved projects; rights arising from contracts for the sale, contribution, and joint venture of other assets attached to land; rights arising from contracts for the transfer, contribution, joint venture, and lease of residential land use rights together with infrastructure facilities concluded legally by project investors in accordance with laws on housing; receivables, insurance benefits, and fees collected by investors during investment, business, and development of housing construction projects; profits obtained from business and exploitation of the value of land use rights or infrastructure facilities on land (profits from land plots or infrastructure facilities on land); other rights as prescribed by law;

e2) Rights arising from contracts and transactions concerning aircrafts and ships in compliance with Article 181 of the Civil Code 2005 and Clauses 1 and 2 of Article 47 of Decree No. 83/2010/NĐ-CP dated July 23, 2010, specifically: Rights arising from shipbuilding lease contracts; compensation and damage claims arising from contracts for the sale of aircrafts and ships; insurance benefits under insurance contracts for aircrafts and ships; profits from the exploitation of aircrafts and ships; other rights as prescribed by law;

g) Property rights in the contributed capital in enterprises;

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

i) Profits, rights to receive insurance payments for secured assets or other benefits derived from the 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 registration authority of the Land Registration Office of provinces and centrally-administered cities, and the Land Registration Office of districts, counties, towns, and provincial cities such as: assets built across multiple land plots (chain assets); temporary buildings made of materials like bamboo, wood, reeds, leaves, earth; auxiliary structures like garages, kitchens, prefabricated steel houses, factory frames, warehouse frames; wells, boreholes; drilling platforms; water tanks; courtyards; fences; electric poles; power substations; pumping stations; power generation and transmission systems; internal water supply and drainage pipelines, internal roads, and other auxiliary structures.

Article 3. Cases for online registration of contracts

6

Contracts to be registered online according to this Circular include:

1. Installment purchase contracts with retention of ownership rights by the seller as stipulated in Clause 2, Article 13 of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transactions (hereinafter referred to as Decree No. 163/2006/ND-CP);

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

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

4. Debt transfer contracts, including debt collection rights arising from loan contracts, sale contracts, asset lease contracts, service contracts, or other lawful bases;

5. Other cases if provided by law.

Article 4. Online notification of enforcement asset seizure

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

Article 5. Time of online registration

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

2.7 In the case of registering changes due to errors in declaring assets or the name of the guarantor, buyer, lessee, financial lessor, debt transferor, or debtor (hereinafter referred to as the guarantor), or the identification document number of the guarantor, the registration time shall be determined according to Point c, Clause 2, Article 7 of Decree No. 83/2010/ND-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 timestamp recorded by the online registration application system.

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Article 8. Cases where online registration has no legal effect

14

Online registration has no legal effect in the following cases:

1. Not falling within the cases 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.

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1. Payment methods for registration fees and online transaction information provision fees applicable to regular customers include:

a) Paying directly at one of the Registration Centers for transactions and assets under the National Center for Registration of Secured Transactions of the Ministry of Justice (hereinafter referred to as the Registration Center).

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c)16 (Repealed)

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Payment of registration fees and information provision fees through mandate payment or mandate debit is carried out according to monthly payment notifications. Customers must pay the full monthly registration fees and information provision fees no later than the 20th day of the following month.

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

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

2. The person requesting registration may not declare registration content that violates prohibitions under the law or contravenes social morals, and may not use the registration system interfaces for purposes contrary to the law.

3. If the person requesting registration declares inaccurate, untrue, or non-conforming content to the agreement of the parties regarding secured transactions and contracts, or declares registration content that violates prohibitions under the law or contravenes social morals, causing damage, they must compensate the damaged party and be subject to administrative penalties or criminal liability as prescribed by law.

Article 11. Responsibility for Maintaining Operation, Ensuring Safety and Information Security of the Online Registration System

1. The National Registry Agency for Collateral Transactions shall take the lead and coordinate with the Information Technology Department under the Ministry of Justice to perform the tasks of maintaining operation, ensuring safety and information security of the online registration system in accordance with the provisions of the law.

2. In cases where the online registration system must be temporarily suspended for maintenance, repair, upgrade, or other reasons, the National Registry Agency for Collateral Transactions shall publicly and promptly notify the reason and the expected time for the system to resume operation.

Chapter 2

PROCEDURE AND REGISTRATION PROCESS FOR ONLINE REGISTRATION OF COLLATERAL TRANSACTIONS, CONTRACTS, AND ANNOUNCEMENTS OF ASSET SEIZURE EXECUTION

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a)19 or

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individual chooses to pay according to the method prescribed at point a or point b, Clause 2, Article 9 of this Circular, they shall use the payment receipt number to access the online registration system;

Article 13. Responsibility for Declaring Content of Registration Requests, Announcements of Online Asset Seizure

When there is a request to register collateral transactions, contracts, or announcements of asset seizure execution, the person requesting registration or the enforcement officer shall declare the content of the registration request or announcement of asset seizure on the interface of the online registration system in accordance with the requirements of the registration request or announcement.

The declaration of the content of online registration requests for collateral transactions, contracts, and announcements of asset seizure execution 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 Parties Involved in Collateral Transactions, Contracts, Enforcement Officers Making Announcements, and Debtors

1. Information about the guarantor is declared as follows:

The person requesting registration or the enforcement officer making an announcement about asset seizure shall declare the name and identification number confirming the legal status of the parties involved in collateral transactions, contracts, and debtors in accordance with the following guidelines:

a) For Vietnamese citizens, full name and citizen identification number must be declared in accordance with the content recorded on the citizen identification card;

b) For foreign individuals, full name and passport number must be declared in accordance with the content recorded on the passport;

c) For stateless individuals residing in Vietnam, full name and permanent residence card number must be declared in accordance with the content recorded on the permanent residence card;

d) For organizations established under Vietnamese law with business registration, foreign investors, the name and tax code issued by the tax authority must be declared. For organizations without business registration, the name registered in accordance with the law must be declared;

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

a) Name of the beneficiary;

2. Information about the secured party, seller, lessor of assets, financial lessor, assignee of claims, and enforcement officers making announcements (hereinafter referred to as the secured party) shall be declared as follows:

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1.21 The person requesting registration or the enforcement officer making an announcement about asset seizure shall describe the assets according to the instructions on the registration request form interface, the announcement document interface for online asset seizure, or send an electronic record attached to the registration request form or the announcement document.

2.22 In cases where the asset is a motor vehicle and it is not a circulating product in the production or business process or a future asset, the person requesting registration or the enforcement officer making an announcement about asset seizure shall accurately declare the frame number of the motor vehicle according to the instructions on the online registration request form interface.

3.23 In cases where the description of the asset in the registration request form or the announcement document for handling collateral assets, the person requesting registration shall only declare the asset to be handled that has been described in the first registration request form (or the change registration request form containing that asset) and accurately declare the registration request form number.

4.24 In cases where the collateral asset is a circulating product in the production and business process, inventory, or property rights, the person requesting registration may describe the asset as follows:

a) Name of goods, type, quantity, specific warehouse address or other relevant information related to the goods when the collateral asset is a circulating product in the production and business process or inventory;

b) Specific name of property right, legal basis for the occurrence of the property right, monetary value of the property right (if applicable) or other relevant information related to the property right when the collateral asset is a property right.

5.25 When changing the content of a previously registered mortgage on the online registration system, if additional or reduced collateral assets are added, the person requesting registration shall delete the asset description part of the previous registration request form at the "Asset Description" field or the "Frame Number" field (for motor vehicles) and only describe the changed asset information on the registration request form interface or the announcement document interface for online asset seizure.

6.26 When changing the content of a previously registered mortgage on the online registration system, if the information about the mortgagor or the secured party changes but the collateral asset does not change, the person requesting registration shall only enter the changed information about the mortgagor or the secured party and delete the asset information at the "Asset Description" field and the "Frame Number" field (if applicable), and simultaneously enter the information: "No change in collateral asset" at the "Asset Description" field on the online registration request form interface.

Article 16. Confirmation of the results of online registration for security transactions, contracts, and notifications of asset seizure for enforcement

Clause 1. The online registration system confirms the results of registering security transactions, contracts, and notifications of asset seizure for enforcement to the person requesting registration. An enforcement officer responsible for notifying asset seizure shall inform this at the transaction screen.

2.27 One (01) certified copy of the confirmation of the results of online registration for security transactions, contracts, and notifications of asset seizure for enforcement (with signature and seal) will be sent to the person requesting registration or the enforcement officer upon request through direct delivery or postal service.

Clause 3. In cases where there is a request for a certified copy of the confirmation document of the results of online registration for security transactions, contracts, and notifications of asset seizure for enforcement, the person requesting registration must pay the fee for issuing a certified copy according to the provisions of the law, except in cases where the certified copy is requested by an enforcement officer.

4.28 The confirmation document or a certified copy thereof of the results of registering security transactions, contracts, and notifications of asset seizure for enforcement issued by one of the Registration Centers has equal legal effect.

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

Clause 1. The online registration system assigns a personal code to the person requesting registration for security transactions, contracts, and enforcement officers notifying asset seizure to carry out the online registration of changes or cancellation of registration for security transactions, contracts, and notifications that have been registered. The person assigned the personal code is responsible for keeping the information about the personal code confidential.

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

Article 18. Xđổ lintention trconcerning the classification and determination of state management authority in the field of crop productiontong Markett, đamendng kintention organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Fitselfc organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.uypoliciesn khb) INSPECTION OF ROAD CONSTRUCTION PROJECTS INCLUDES INSPECTION ACCORDING TO TECHNICAL STANDARDS, APPROVED MAINTENANCE PROCEDURES; REGULAR, PERIODIC, AND SPONTANEOUS INSPECTIONS TO DETECT SIGNS OF DEGRADATION AND DAMAGE TO THE PROJECTS AND EQUIPMENT INSTALLED THEREIN AS A BASIS FOR MAINTENANCE."g cshall giJune 2024; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.FcouncillORS 毁t, reason

Clause 1. In cases where the content of the registration for security transactions, contracts, and notifications of asset seizure for enforcement falls under one of the circumstances stipulated in Article 8 of this Circular, the system supervisor is responsible for reporting to the Director of the Registration Center to review and decide on the cancellation of the registration content and notification of asset seizure.

2.29 The cancellation of the registration content and notification of asset seizure must be promptly notified by postal service to the address of the person requesting registration or the enforcement officer recorded in the database of security transactions.

3.30 In cases where the initial registration request falls under the circumstances for cancellation as stipulated in this Article, but subsequently the organization or individual continues to submit a registration change request regarding the initial registration request, the Registration Center will simultaneously cancel both the initial registration content and the subsequent registration change.

4.31 The person requesting registration has the right to provide their email address to the Registration Center to be informed about the cancellation of the registration results for security transactions, contracts, and notifications of asset seizure for enforcement before receiving the cancellation notice document.

5.32 The Registration Center is responsible for immediately informing the person requesting registration about the cancellation of the registration results for security transactions, contracts, and notifications of asset seizure for enforcement via the email address provided by the person requesting registration.

Article 18a. Restoration of data in cases where the registration result of security transactions has been canceled without the grounds prescribed by law

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1. When discovering that the registration result of security transactions has been canceled without the grounds prescribed by law, the person requesting registration has the right to request the Registration Center to restore the registration result of security transactions that has been canceled.

The document requesting restoration of the registration result of security transactions that has been canceled shall be sent to the Registration Center through direct delivery, postal service, fax, or email.

2. Within one day from the date of receipt of the document requesting restoration of the registration result of security transactions that has been canceled, the Registration Center shall have the responsibility to cooperate with the Department managing the database on security transactions to restore the registration data and issue the Certificate of Security Transaction Registration for the person requesting registration if the cancellation of the registration result of security transactions was not based on the grounds prescribed by law.

If the Registration Center fails to perform the restoration of the registration data within the time limit stipulated in Clause 1 of this Article, the person requesting registration has the right to lodge a complaint about the cancellation of the registration result of security transactions to be resolved according to the provisions of law on complaints.

3. In case the Registration Center cancels the registration result without the grounds prescribed by law, causing damage to the person requesting registration, it must compensate for the damage according to the provisions of law.

Article 18b. Notification of the pledge of motor vehicles in cases of online registration of security transactions, contracts, notification of asset seizure for enforcement

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In case the person requesting registration requests the Registration Center to notify the pledge of motor vehicles, it shall be carried out as follows:

1. The person requesting registration sends the Document requesting notification of the pledge of motor vehicles to the Registration Center in the form of attached data (in image file format) as prescribed in Clause 1 of Article 15 of this Circular on the online registration application interface.

2. After receiving the Document requesting notification of the pledge of motor vehicles, the Registration Center sends the Notification of the pledge of motor vehicles to the authority registering ownership, right to use, and right to circulate assets according to the guidance provided in Article 10 of the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA.

Chapter 3

INFORMATION DISSEMINATION THROUGH THE ONLINE REGISTRATION SYSTEM

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

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

1. Self-searching for information;

2.35 Requesting information confirmed by the Registration Center to serve as evidence to prove their 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:

a) In the case where the guarantor is a Vietnamese citizen, the search criteria are the full name and ID number;

b) In the case where the guarantor is an organization established under Vietnamese law with business registration or foreign investors, the search criteria are the tax code of the organization or foreign investor;

c) In the case 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 are the full name and residence card number;

d) In the case where the guarantor is an organization established under Vietnamese law without business registration, the search criteria are the name registered according to the law of the organization;

đ) In the case where the guarantor is an organization established and operating under foreign law, the search criteria are the name registered at the competent foreign authority of the organization.

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 and individuals request the provision of information on secured transactions, contracts, and seized assets, the Registration Center shall have the responsibility to directly send or deliver via postal service a document providing information 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 pay the information provision fee as prescribed by law.

Article 22a. Storage of registration files for secured transactions, contracts, and asset seizure notifications

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1. Registration files for secured transactions, contracts, and asset seizure notifications shall be stored electronically in accordance with the provisions of Decree No. 01/2013/ND-CP dated January 3, 2013 of the Government detailing the implementation of certain articles of the Law on Archives.

2. When a request for registration of secured transactions, contracts, or asset seizure notifications made through the online registration method has been completed, the archivist shall be responsible for backing up the entire file onto the hard drive used for storage in chronological order by date, month, and year, and supplementing the TT code at the beginning of the registration request number to facilitate management and searching.

Chapter 4

IMPLEMENTING PROVISIONS

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Article 23. HANNEX I.A[31]Part IV: Results of Event-Based Surveillance Monitoring lực thImplementation

This circular cshall hANNEX I.A[31]ệu litselfc organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Plan for handling assets after the expiration of the joint venture and association period nchickeny 01 organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.hJune 2024;ng 3 nthe Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 6/2016/TT-BGTVT dated March 13, 2016 of the Minister of Transport regulating the maximum service charge for using roads in road construction projects for business purposes under the management of the Ministry of Transport: 2011.

Article 24. Article Clause ""yPursuant to the Technical Standards Law promulgated on June 29, 2006; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.ANNEX I.A[31]|||

1.38 (đconcerning the classification and determination of state management authority in the field of crop productionnationalc banANNEX I.A[31] ầuỏ)

2. In cases where organizations and individuals request changes or cancellation of registrations of secured transactions, contracts, or asset seizure notifications for enforcement actions registered before this Circular takes effect, they may choose among direct registration, postal service, fax, email, or online registration system according to the guidance provided in this Circular.

3. For localities selected for pilot programs on the organization and operation of Notaries, the procedures and formalities for notifying asset seizures and obtaining information about seized assets by Notaries shall also be carried out in accordance with the provisions of this Circular.

Article 25. TFectionANNEX I.A[31]ệm 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

1. The National Registry of Secured Transactions shall be responsible for guiding online registration and information provision for secured transactions, contracts, and asset seizure notifications for enforcement actions in accordance with the provisions of 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.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Dinh Trung Tung