Decision No. 412/2001/QD-BTP On the issuance of the Regulation on the organization and operation of the National Registration Agency for Collateral Transactions under the Ministry of Justice

 

Pursuant to …;

Regarding the issuance of the Regulation on the organization and operation of the National Registration Agency for Security Interests under the Ministry of Justice

THE MINISTER OF JUSTICE

Pursuant to the Government Decree No. 38/CP dated June 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on registration of secured transactions;

Pursuant to the Government Decree No. 16/2001/NĐ-CP dated May 2, 2001 on the organization and operation of financial leasing companies;

Pursuant to the Prime Minister's Decision No. 104/2001/QĐ-TTg dated July 10, 2001 on the establishment of the National Registration Agency for Security Interests under the Ministry of Justice;

Considering the proposal of the Director of the National Registration Agency for Security Interests and the Head of the Personnel and Training Department;

DECISION:

Article 1. Issuing this Decision, the Regulation on the organization and operation of the National Registration Agency for Security Interests under the Ministry of Justice is hereby attached.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. The Heads of the Office, the Personnel and Training Department, the Director of the National Registration Agency for Security Interests, and the Heads of units under the Ministry of Justice are responsible for implementing this Decision.

 

 

REGULATIONS
Organization and Operation of the National Registration Agency for Security Interests

under the Ministry of Justice
(Issued together with Decision No. 412/2001/QĐ-BTP dated October 26, 2001 of the Minister of Justice)

PART I
FUNCTIONS, TASKS, POWERS OF THE NATIONAL REGISTRATION AGENCY FOR SECURITY INTERESTS

The National Registration Agency for Security Interests (hereinafter referred to as the Agency) is an entity under the Ministry of Justice with the function of assisting the Minister of Justice in state management of security interest registration and state management of financial leasing asset registration; organizing registration and providing information on security interests and financial leasing assets; organizing management and implementing registration and providing information on other transactions and assets as prescribed by law (hereinafter collectively referred to as registration and provision of transaction and asset information).

Article 1. Functions

The National Registration Agency for Security Interests has the following tasks and powers:

Article 2. Tasks and Authorities

1. Drafting, participating in drafting draft regulatory legal documents on registration of transactions and assets for the Ministry of Justice to submit to the Government for approval or for the Ministry of Justice to issue within its authority and organizing the implementation of regulatory legal documents in this field;

2. Submitting to the Minister of Justice for issuance or issuing within its authority regulations on specialized technical and operational matters related to transaction and asset registration, guiding and supervising the implementation of such regulations; submitting to the Minister of Justice for issuance forms, certificates, and registers and uniformly managing the use of these forms, certificates, and registers; developing statistical forms on registration and provision of transaction and asset information;

3. Implementing registration and provision of transaction and asset information within its authority; collecting registration fees and information provision fees for transactions and assets;

4. Organizing and managing the national database of transactions and assets;

5. Directing and organizing training and capacity building in specialized technical and operational skills for the registration staff;

6. Statistically analyzing transaction and asset registrations, regularly reporting every six months and annually to the Minister of Justice on the registration work of transactions and assets nationwide;

7. Supervising the organization and operation of transaction and asset registration; resolving complaints and reports regarding transaction and asset registration within its authority;

8. Implementing international cooperation in the field of transaction and asset registration as assigned by the Minister of Justice;

9. Managing civil servants, finances, and material infrastructure of the Agency in accordance with the provisions of the law;

10. Performing other tasks assigned by the Minister of Justice.

ORGANIZATIONAL STRUCTURE OF THE NATIONAL REGISTRATION AGENCY FOR SECURITY INTERESTS

Chapter II
ORGANIZATION OF THE NATIONAL REGISTRATION AGENCY MACHINE

SECURED TRANSACTIONS

Article 3. Organization

1. The National Registration Agency for Secured Transactions shall have the following units:

a) Registration Management Office for Transactions and Assets;

b) Administrative and Consolidation Office;

c) Finance and Accounting Office;

d) Transaction and Asset Registration Center (hereinafter referred to as the Registration Center);

đ) National Database Center for Transactions and Assets (hereinafter referred to as the Database Center);

e) Branches for Transaction and Asset Registration (hereinafter referred to as Branches).

2. The National Registration Agency for Secured Transactions shall have a Director, Deputy Directors, and other positions.

Article 4. Establishment

The staffing of the Agency shall be within the total administrative and public service staffing of the Ministry of Justice. Annually, based on the functions, tasks, and work requirements of the Agency, the Minister of Justice shall decide on the allocation of staffing quotas according to the proposal of the Agency Director and the Head of the Personnel and Training Department.

Article 5. Duties and Authorities of the Director

The Director is a leading civil servant heading the Agency, responsible to the Minister of Justice for the implementation of the duties and authorities stipulated in Article 2 of this Regulation.

The Director has the following duties and authorities:

1. To develop the annual work plan of the Agency and to direct and organize its implementation after approval by the Minister of Justice;

2. To manage and allocate civil servants to perform the tasks of the Agency as prescribed in this Regulation;

3. To propose to the Minister of Justice the appointment and removal of registrars;

4. To resolve complaints and denunciations regarding registration of transactions and assets within the scope of authority;

5. To represent the Agency in relations with agencies, organizations, and individuals when resolving issues within the scope of the Agency's duties and authorities;

6. To manage the financial resources and physical assets of the Agency and Branches in accordance with the law;

7. To perform other duties and authorities assigned by the Minister of Justice.

Article 6. Duties and Authorities of the Deputy Director

The Deputy Director is a leading civil servant assisting the Director in implementing the assigned areas of work and being responsible to the Director for the results of such work, having the following duties and authorities:

1. To draft or participate in drafting work plans within the assigned area of responsibility, submitting them to the Director for decision;

2. To organize the implementation of assigned tasks and report to the Director on the results of such tasks;

3. To act on behalf of the Director in handling matters when authorized by the Director.

Article 7. Duties and Authorities of the Registration Management Office for Transactions and Assets

The Registration Management Office for Transactions and Assets assists the Director in performing the following duties and authorities:

1. To draft or participate in drafting legal normative documents on registration of transactions and assets for the Agency to submit to the Minister of Justice for issuance or for the Ministry to submit to competent state agencies for issuance; to draft professional, technical, and operational regulations on registration and information provision for the Director to issue within the scope of authority; to draft sample forms, documents, and registration books; to implement the aforementioned documents and regulations, and guide the use of sample forms, documents, and registration books;

2. To guide and inspect the organization and operation of registration of transactions and assets at the Registration Center and Branches; to propose inspection plans and participate in inspections of the operation of registration of transactions and assets at specialized registration agencies;

3. To study and propose to the Director on the content of training and capacity building in professional, operational, and skill aspects of registration of transactions and assets for the registration staff;

4. To participate in drafting draft documents led by other agencies and units within the scope of the Agency's responsibilities.

Article 8. Duties and Authorities of the Administrative and Consolidation Department

The Administrative and Consolidation Department assists the Director in performing the following duties and authorities:

1. Compiling and drafting weekly, monthly, quarterly, and annual work programs and plans for the Bureau; urging units within the Bureau to implement these programs and plans;

2. Summarizing the organizational and operational situation of the Bureau, Branches, and specialized registration agencies;

3. Managing seals and incoming and outgoing documents of the Bureau in accordance with the provisions of the law;

4. Studying and proposing to the Director on the implementation of international cooperation in the field of transaction and property registration;

5. Drafting plans for printing and distributing various forms, documents, registration books, and statistical tables related to transaction and property registration; purchasing office equipment and supplies, managing the Bureau's material infrastructure in accordance with the provisions of the law.

Article 9. Duties and Authorities of the Finance and Accounting Department

The Finance and Accounting Department assists the Director in performing the following duties and authorities:

1. Drafting budget plans and operating funds for the Bureau annually or unexpectedly, including those of Branches; organizing the implementation of these plans and budgets after approval by the Minister of Justice;

2. Collecting registration fees and information provision fees at the Registration Center of the Bureau;

3. Implementing financial and accounting regulations in accordance with the provisions of the law.

Article 10. Duties and Authorities of the Registration Center

The Registration Center has the following duties and authorities:

1. Conducting transaction and property registrations within its authority;

2. Providing information about registered transactions and properties at the Center, and information stored in the National Database of Transactions and Properties;

3. Implementing record retention and preservation regulations in accordance with the provisions of the law.

Article 11. Duties and Authorities of the Data Center

The Data Center assists the Director in performing the following duties and authorities:

1. Researching and proposing projects and plans for developing and applying information technology in the Bureau's activities; organizing the implementation of these projects and plans after approval; organizing the construction and management of the National Database of Transactions and Properties;

2. Directly managing and operating the computer network; ensuring technical aspects, hardware maintenance, and gradual upgrading of the Bureau's and Branches' IT equipment;

3. Training and enhancing the IT skills and software usage abilities for registration officers at the Registration Center and Branches.

Article 12. Duties and Authorities of the Branch

The Branch has the following duties and authorities:

1. Conducting transaction and property registrations within its authority;

2. Providing information about registered transactions and properties at the Branch, and information stored in the National Database of Transactions and Properties;

3. Collecting registration fees and information provision fees conducted at the Branch;

4. Implementing administrative management, labor regulations; financial and accounting systems; record retention and preservation; managing and using the Branch's material infrastructure in accordance with the provisions of the law;

5. Performing other duties and authorities delegated by the Director.

The Minister of Justice shall issue Regulations on the organization and operation of the Branch.

Article 13. Tasks and Authorities of the Department Head, Deputy Department Head, Director, and Deputy Director of the Center

1. The Department Head and Center Director are responsible to the Bureau Chief for all activities of the Department and the Center and have the following tasks and authorities:

a) Organizing the implementation of the work plan of the unit approved by the Bureau Chief;

b) Managing and arranging civil servants to perform the tasks and authorities of the unit;

c) Verifying and proposing solutions to complaints and denunciations related to civil servants of the unit when assigned by the Bureau Chief;

d) Representing the unit in relations with other units under the Bureau when resolving issues related to the unit's activities.

2. The Deputy Department Head and Center Deputy Director assist the Department Head and Center Director in carrying out the assigned areas of work and are responsible to the Department Head and Center Director for the results of such work.

Article 14. Tasks and Authorities of the Branch Director and Deputy Branch Director

1. The Branch Director is legally responsible for the activities of the Branch in registering and providing information on transactions and assets within their authority; is responsible to the Bureau Chief for administrative management and labor of the Branch, and for the results of work delegated by the Bureau Chief.

The Branch Director has the following tasks and authorities:

a) Organizing the implementation of the work plan of the Branch approved by the Bureau Chief;

b) Managing and arranging civil servants to perform the tasks and authorities of the Branch;

c) Resolving complaints and denunciations related to civil servants of the Branch according to the law;

d) Representing the Branch in relations with agencies, organizations, and individuals when resolving issues related to the Branch's tasks and authorities.

2. The Deputy Branch Director assists the Branch Director in carrying out the assigned areas of work and is responsible to the Branch Director for the results of such work.

Article 15. Tasks and Authorities of Professional Civil Servants

Professional civil servants under the Bureau enjoy rights and must fulfill obligations as prescribed by laws on cadres and civil servants; when performing tasks of the Bureau, they have the following tasks and authorities:

1. Developing work plans and implementing assigned tasks, being responsible to the Bureau Chief for the results of tasks assigned by the Bureau Chief;

2. Proactively handling work according to prescribed procedures, steps, and deadlines; during the performance of tasks, if encountering difficulties or new issues, they must report to the Bureau Chief and propose measures to resolve them;

3. Reporting to the Bureau Chief information and results when dispatched to participate in work, research, surveys, training, conferences, seminars outside the Bureau;

4. Being provided with information and documents relevant to assigned work;

5. Building complete and scientifically sound files and documents related to assigned work;

6. Closely coordinating with other civil servants under the Bureau to resolve assigned work;

7. Adhering to labor discipline, work reporting systems, and file and document management systems as prescribed.

Chapter III
WORK REGIME OF THE NATIONAL REGISTERING AGENCY

SECURED TRANSACTIONS

Article 16. Principles of Work

The National Registry of Secured Transactions shall operate under the head system, ensuring democratic centralism, promoting initiative, creativity, and individual responsibility of each civil servant.

Article 17. Work Plan

1. Based on the annual work plan of the Ministry of Justice regarding registration of secured transactions and assets, the Director shall submit to the Minister of Justice for approval the annual work plan of the Bureau; the plan for the following year must be developed in the first week of December of the preceding year.

2. On the basis of the annual work plan of the Bureau approved by the Minister of Justice, the Director shall forecast the monthly work plans within the year; the work plan for the next month must be developed in the last week of the previous month.

3. The annual and monthly work plans of the Bureau shall be prepared by the Administrative and Consolidation Department based on the opinions of units under the Bureau.

4. The establishment of monthly and weekly work plans of units must be based on the annual and monthly work plans of the Bureau. Based on the monthly and weekly work plans of the unit, each civil servant must develop their own work plan.

Article 18. Drafting and Approving Documents

1. When drafting documents to be issued by the Minister of Justice or to be submitted to competent authorities for issuance, the Director shall organize the collection of opinions from relevant units and agencies. Before submitting to the Minister of Justice or leaders of related ministries and sectors, the Director or Deputy Director authorized by the Director must review the draft and sign off on the document.

2. Directives, guidance, and urging documents within the authority of the Director or the Director acting on behalf of the Minister shall be drafted by relevant units within the Bureau. Before presenting to Bureau leadership for consideration, comments, or issuance, the Head of the Department or Deputy Head authorized to oversee drafting must review and sign off on the draft.

Article 19. Meetings

1. Weekly, Bureau leadership shall convene to assess the implementation of the previous week's work plan and deploy the work plan for the upcoming week.

2. The Bureau shall organize regular meetings, which may invite representatives of Branches to attend, to evaluate the implementation of the monthly, quarterly, six-month, or annual work plans and deploy the work plans for the next month, quarter, six months, or year. The meeting time shall be decided by the Director.

In case of necessity, the Director may convene an emergency meeting to implement tasks.

3. Units under the Bureau shall hold a meeting once a month in the last week of the month to assess the completion of that month's work and deploy work for the next month. These meetings must be held before the Bureau-wide meeting.

In case of necessity, the Director or Deputy Director may participate in the meetings of units under the Bureau.

4. Upon the directive of the Minister of Justice, the Bureau shall organize or coordinate with relevant units and agencies to organize mid-term and final reviews on the practical implementation of secured transaction and asset registration work.

Article 20. Information and Reporting on Work

1. Monthly, the Director or Deputy Director authorized by the Director must disseminate the Bureau’s work plan; convey information, directives, or decisions of the Minister of Justice concerning the organization and activities of the Bureau for the knowledge of civil servants; listen to proposals and recommendations of civil servants related to assigned tasks.

2. During the execution of tasks or upon receiving information related to the Bureau's work, civil servants must promptly report to Bureau leadership on the results of the task or received information to seek guidance; civil servants shall not arbitrarily disclose information without formal guidance from Bureau or Ministry leadership.

3. Units of the Bureau shall prepare work reports according to their functions and tasks and send them to the Administrative and Consolidation Department for consolidation into a general report to be presented to the Director. The Bureau shall prepare weekly, monthly, quarterly, six-monthly, and annual work reports and send them to the Ministry Office for consolidation and presentation to the Minister of Justice.

Article 21. Archival work and management of documents and files

1. Archival work:

a) Documents received from outside must be registered in the "Incoming Official Document Register" according to the prescribed model, promptly submitted to the Director or Deputy Director authorized by the Director for review and issuance of instructions on handling, and transferred to relevant units within the Bureau for resolution. In cases where the content of the document relates to multiple units within the Bureau, the Administrative and Consolidation Department shall make additional copies to transfer to those units and simultaneously urge timely resolution.

b) Documents sent out from the Bureau must be registered in the "Outgoing Official Document Register" according to the prescribed model, and the functional unit responsible for drafting must organize monitoring of implementation. To ensure consistency in guidance and management, outgoing documents signed by the Deputy Director must be copied and forwarded to the Director.

2. Management of document storage:

a) Documents, official letters, and materials are stored in the Administrative and Consolidation Department and arranged scientifically to facilitate easy retrieval.

b) The storage of documents, official letters, and materials must comply with legal regulations on archival work.

Article 22. Labor Management

1. The Bureau's labor management work follows the provisions of the Labor Code, the Cadres and Civil Servants Ordinance, and guiding documents for implementation.

2. In cases where civil servants are invited to participate in common activities of the Ministry, units under the Ministry, or other agencies and organizations not within the scope of the Bureau's tasks, they must report to the Director and can only proceed after obtaining the Director's approval.

Article 23. Work Relations with the Party Branch, Trade Union Group, Youth League Branch of Ho Chi Minh Communist Youth Union, and Other Organizations within the Bureau

1. The Director creates conditions for the Party Branch, Trade Union Group, Youth League Branch of Ho Chi Minh Communist Youth Union, and other mass organizations within the Bureau to operate effectively according to their functions and responsibilities; closely cooperate in evaluating, classifying, recommending rewards and disciplinary actions, and improving the living conditions and working environment for Bureau civil servants.

2. The Director exchanges opinions with the Party Branch Committee on planning, training programs, and development plans for civil servants; work programs and measures to implement these programs aimed at fulfilling the Bureau's political tasks.

Chapter IV
WORK RELATIONS OF THE NATIONAL REGISTRATION AGENCY

SECURED TRANSACTIONS

Article 24. Implementation of Instructions from the Minister and Deputy Minister in Charge

The National Registration Agency for Secured Transactions is directly guided by the Minister or Deputy Minister in charge of registration of transactions and assets, and has the following responsibilities:

1. Effectively implement the instructions of the Minister or Deputy Minister in charge regarding the work of the Agency; strictly adhere to information and reporting systems to the Minister or Deputy Minister in charge about the Agency's activities;

2. Timely reflect to the Minister or Deputy Minister in charge the proposals from state management agencies on secured transactions and assets, related agencies concerning issues within the jurisdiction of the Ministry of Justice, and propose solutions to these proposals;

3. Reflect the opinions and suggestions of civil servants within the Agency to the Minister or Deputy Minister in charge regarding organizational structure, staffing, policies, and other matters related to the organization and operation of the Agency, and propose solutions to these opinions and suggestions.

Article 25. Work relations with state management agencies in the field of transaction registration, property, and other relevant agencies

1. The Department assists the Minister of Justice in coordinating with state management agencies on transaction registration, property, and other relevant agencies to implement state management over the organization and operation of transaction and property registration, and to coordinate in resolving issues related to registration and providing information within their authority.

2. The Department serves as the focal point for state management agencies on transaction registration, property, and other relevant agencies to coordinate with the Ministry of Justice in directing, guiding, inspecting, and organizing the implementation of transaction and property registration for specialized transaction and property registration agencies.

Article 26. Work relations with specialized transaction and property registration agencies

The Department conducts direction and coordination with relevant agencies and units in organizing training and professional development regarding expertise, business skills, and registration techniques for the staff of specialized transaction and property registration agencies; inspecting the organizational structure and operational activities of these agencies.

Article 27. Work relations with units under the Ministry of Justice

The Department has equal-level relations with units under the Ministry of Justice, coordinating in resolving work areas related to the organization and operations of the Department according to the directives of the Minister of Justice, specifically as follows:

1. Coordinating with the Cadre and Civil Service Training Department to submit to the Minister of Justice decisions on organizational structure, staffing, recruitment, appointment of civil servants, and implementation of salary and benefit policies for civil servants; coordinating in developing plans for cadre training, professional development, and enhancing expertise for civil servants of the Department; coordinating in organizing training and professional development regarding expertise, business skills, and registration techniques for staff of specialized transaction and property registration agencies;

2. Coordinating with the Planning and Finance Department, the Office of the Ministry to submit to the Minister of Justice decisions on budget estimates, operating funds, material resources ensuring the activities of the Department, and document management and archival systems as prescribed by law;

3. Coordinating with the International Cooperation Department in organizing the implementation of international cooperation in the field of transaction and property registration according to the directives of the Minister of Justice, aiming to comply with laws on international cooperation and the Ministry's foreign relations regulations;

4. Coordinating with other units under the Ministry in areas such as: drafting regulatory legal documents on transaction and property registration; scientific research on transaction and property registration; publicizing and disseminating laws on transaction and property registration; inspection and supervision; commendation and handling of violations according to the law, and coordinating in other related areas./.