Consolidated Document number 4418/VBHN-BTP guiding registration and provision of online information for security transactions, contracts, and notifications of asset attachment for enforcement.

✦ 스마트 요약

This Circular details the registration and provision of online information for security transactions, contracts, and notifications of asset attachment for enforcement. It applies to organizations and individuals conducting security transactions related to assets such as mortgage, pledge, guarantee, and notifications regarding asset attachment. This Circular takes effect from March 1, 2011.

적용 범위

Organizations and individuals conducting security transactions related to assets such as mortgage, pledge, guarantee; Enforcement officers executing notifications regarding asset attachment for enforcement.

핵심 사항

Organizations and individuals must register online security transactions (mortgage, pledge, guarantee) and contracts for deferred payment, long-term leasing, financial leasing, and assignment of claims.
Enforcement officers may notify asset attachment for enforcement through the online registration system.
The time of online registration is determined based on the time of updating into the Database of Security Transactions.
Secured assets and contracts must be accurately described according to the guidelines of this Circular.
The person requesting registration must pay the fee for providing online information if they do not qualify for exemption.

🌐 이 문서의 사회적 영향

Reduce time and costs for parties conducting security transactions and notifying asset attachment.
Enhance transparency in managing secured assets and enforcement assets.
There may be risks of errors or fraudulent information if there are no strict control measures.

❓ 자주 묻는 질문

Which organizations and individuals need to register online security transactions?

Organizations and individuals conducting security transactions related to assets such as mortgage, pledge, guarantee, and contracts for deferred payment, long-term leasing, financial leasing, and assignment of claims must register online.

Through which system can enforcement officers notify asset attachment for enforcement?

Enforcement officers may notify asset attachment for enforcement through the online registration system.

How is the time of online registration determined?

The time of online registration is the time when the content of security transactions, contracts, and notifications of asset attachment for enforcement is updated into the Database of Security Transactions.

When must the person requesting registration pay the fee for providing online information?

The person requesting registration must pay the fee for providing online information if they do not qualify for exemption.

전문

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 4418/VBHN-BTP	Hanoi, December 1, 2015

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, issued by the Ministry of Justice, guiding registration and online information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings, took effect from March 1, 2011, and was amended and supplemented by:

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

2. Circular No. 11/2015/TT-BTP dated September 1, 2015, issued by the Ministry of Justice, amending and supplementing certain articles of Circular No. 08/2014/TT-BTP dated February 26, 2014, issued by the Ministry of Justice, amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011, issued by the Ministry of Justice, guiding certain issues regarding registration and information dissemination on security transactions, contracts, and announcements of asset seizure in enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Transactions and Assets under the National Register of Security Interests of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010, issued by the Ministry of Justice, guiding registration and online information dissemination for security transactions, contracts, and announcements of asset seizure in enforcement proceedings, which took effect from October 15, 2015.

Based on the Civil Code dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to Decree No. 65/2005/NĐ-CP dated May 19, 2005, issued by the Government, amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001, issued by the Government, concerning 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, issued by the Government, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice;

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 certain contents as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular guides certain issues regarding registration and information dissemination on security transactions, deferred payment purchase contracts with retention of ownership by the seller, lease contracts, financial lease contracts, and debt transfer contracts, announcements of asset seizure in enforcement proceedings, and provision of information on seized assets through the online registration system of the National Register of Security Interests under the Ministry of Justice.

Article 2. Cases for online registration of security transactions

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

a) Mortgage of assets;

b) Pledge of assets;

c) Deposit, earnest money, guarantee money;

d) Other cases if provided by law.

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

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

b) Fishing boats; inland waterway transportation means;

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

d) Vietnamese currency, foreign currency;

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

e)3 Property rights arising from copyright, industrial property rights, rights over plant varieties; claims for debt; rights to compensation arising from contracts;

e1)4 Property rights arising from contracts and transactions concerning real estate in accordance 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 including: Property rights arising from contracts for sale of residential houses, contracts for capital contribution to construction of residential houses, contracts for joint venture construction of residential houses (including social housing) between organizations and individuals purchasing from real estate businesses under approved projects; property rights arising from contracts for sale, capital contribution, and joint venture transactions involving other assets attached to land; property rights arising from contracts for transfer, capital contribution, joint venture, and lease of land use rights with infrastructure attached, legally concluded by project investors in accordance with laws on housing; receivables, insurance benefits, fees collected by investors during investment, business, and development of housing construction projects; profits derived from business and exploitation of the value of land use rights or infrastructure on land (income from land plots or infrastructure on land); other property rights as prescribed by law;

e2)5 Property rights arising from contracts and transactions concerning aircrafts and ships in accordance 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 including: Property rights arising from shipbuilding lease contracts; rights to indemnity, compensation for damages arising from contracts for sale of aircrafts and ships; insurance benefits under insurance contracts for aircrafts and ships; income derived from exploitation of aircrafts and ships; other property rights as prescribed by law;

g) Property rights in the contributed capital in enterprises;

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

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

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

l) Assets attached to land not within the jurisdiction of provincial or centrally-administered municipal land registration offices and district, county, town, and city-level land registration offices such as: assets attached to land built across multiple plots (chain assets); temporary structures made of materials like bamboo, wood, reeds, leaves, earth; auxiliary buildings such as parking sheds, kitchens, prefabricated steel structures, factory frames, warehouses; wells, boreholes; drilling platforms; water tanks; courtyards; fences; power poles; substations; pumping stations; power generation and transmission systems; household water supply and drainage systems, internal roads, and other auxiliary facilities.

Article 3. Cases for online registration of contracts

Types of contracts that are not civil aircraft lease purchase contracts as prescribed by laws on aviation, or foreign ship lease purchase contracts of Vietnamese organizations and individuals as prescribed by laws on ship registration and sale are subject to registration, specifically including:

1. Installment purchase contracts with retention of title by the seller (collectively referred to as installment purchase contracts) 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 leasing contracts with a term of one year or more as stipulated in Clause 2, Article 13 of Decree No. 163/2006/ND-CP, including:

a) Contracts with an asset leasing term of one year or more;

b) Contracts with an asset leasing term less than one year, but the parties agree on extension and the total leasing period (including the extended period) is one year or more;

3. Financial leasing contracts as prescribed by laws on financial leasing.

4. Contracts transferring debt collection rights, including existing debt collection rights or future debt collection rights.

5. Other types of contracts not within the registration authority of the Ship Registration Agency and the Civil Aviation Administration of Vietnam as prescribed by laws on maritime affairs and laws on aviation.

Article 4. Online notification of enforcement asset seizure

In cases where one of the assets listed in Clause 2, Article 2 of this Circular is seized, in addition to direct, postal, fax, or email methods, Enforcement Officers have the right to notify the asset seizure through the online registration system.

Article 5. Time of online registration

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

2.7 In cases of registration changes due to errors in asset declaration or the name of the guarantor, buyer, asset lessee, financial lessee, debtor transferor, judgment debtor (hereinafter referred to as the guarantor), identification number confirming the legal status of the guarantor; requests for additional collateral registration without signing a new guarantee contract; requests to change the date of the guarantee contract signing; adding subsequent guaranteed obligations that were not agreed upon at the time of the guarantee contract signing for future obligations then 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 time recorded by the online registration application system.

Article 6. Issuance of online registration accounts for regular customers

1.8 (Repealed)

2.9 (Repealed)

3.10 (Repealed)

4.11 An online registration account is issued simultaneously with the issuance of a regular customer code according to the procedures stipulated in Article 12a of this Circular. The National Registry of Secured Transactions issues regulations on the issuance, management, and use of regular customer codes and online registration accounts.

Article 7. Use of online registration accounts

1. Regular customers shall use the online registration account issued by the National Registration Center for transactions to register and search for online transaction security information, contracts, and notifications of asset seizure for enforcement.

2.12 (Repealed)

3.13 (Repealed)

Article 8. Cases where online registration has no legal effect

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

a) The secured property does not fall within the jurisdiction of the Registration Center;

b) The declaration on the online registration request form is invalid due to incomplete or incorrect declaration by the person requesting registration, contrary to the declaration guidelines stipulated in Article 14 of this Circular;

c) The description of the secured property does not comply with Clause 1, 2, 3 of Article 15 of this Circular;

d) The declared property on the online registration request form is unclear or not declared in Vietnamese with tones, leading to inability to determine the type of secured property, except when the name of the secured property includes a foreign language name;

đ) Enforcement officers or civil execution agencies request suspension or cessation of registration for secured property where the guarantor is a judgment debtor, pursuant to Clause 1 of Article 178 of the Civil Execution Law 2008;

e)15 Failure to describe or insufficiently describe the secured property in the "Property Description" or "Frame Number" fields on the registration interface, while attaching files about the secured property or other documents at the "Attached File (PDF)" field, except when the attached file is a notification request for vehicle mortgage;

g)16 Declaring two or more contract numbers, transactions, or declaring two or more signing dates of contracts, transactions in the "Contract Number" field on the online registration request form;

h)17 The person requesting registration uses their own regular customer code and online registration account to register for a transaction security that they did not establish themselves, or uses another organization's or individual's regular customer code and online registration account to register for a transaction security that they established themselves;

2. The Registration Center will refuse to accept notifications regarding vehicle mortgages or release of vehicle mortgages submitted through the online registration system if the notification request for vehicle mortgage does not fully declare the information about the vehicle according to the Model issued together with Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA dated November 5, 2013 of the Ministry of Justice, Ministry of Transport, Ministry of Natural Resources and Environment, and Ministry of Public Security guiding the exchange and provision of information on secured assets between the registration agency for transaction security and organizations practicing notarization, civil execution agencies, and registration agencies for ownership rights, usage rights, and circulation rights of assets (hereinafter referred to as Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA).

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

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

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

b)18 (Repealed)

c)19 (Repealed)

d)20 Payment through authorized collection or authorized payment via the State Treasury or from temporarily deposited funds in the Registration Center's account.

Payment of registration fees and information provision fees through authorized collection or authorized payment shall be carried out according to monthly payment notices. Customers must pay the full monthly registration fees and information provision fees no later than the 28th day of the following month.

2.21 Non-regular customers shall make payments for registration fees and information provision fees according to the method specified in point a of Clause 1 of this Article.

Article 10. Responsibilities and Obligations of the Party Requesting Online Registration

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

2. The party requesting registration shall not declare registration content that violates prohibitions under the law or contravenes social morals, nor shall they use system interfaces for purposes contrary to legal provisions.

3. In cases where the party requesting registration declares inaccurate, untrue, or non-compliant registration content with the agreements of all parties regarding secured transactions and contracts, or declares registration content that violates prohibitions under the law or contravenes social morals, causing damage, such party must compensate the damaged party and be subject to administrative violation handling or criminal responsibility pursuit according to the law.

Article 11. Responsibilities for Maintaining Operation and Ensuring Information Security of the Online Registration System

1. The National Registry Agency for Secured Transactions shall take the lead and coordinate with the Information Technology Department under the Ministry of Justice to maintain the operation and ensure information security of the online registration system in accordance with the law.

2. In cases where the online registration system needs to temporarily cease operations for maintenance, repair, upgrade, or other reasons, the National Registry Agency for Secured Transactions must publicly announce the reason and the expected time for the system to resume operation.

Chapter 2

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

Article 12. Accessing the Online Registration System to Register Secured Transactions, Contracts, and Announce Asset Seizure for Enforcement

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

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

a) If the organization or individual chooses the payment method prescribed at point a, Clause 1, Article 9 of this Circular, they use the payment receipt number to log into the online registration system;

b) 23 (Repealed)

2a. Various types of documents proving that the mortgagor is an individual or household exempt from paying the registration fee for secured transactions under Decree No. 55/2015/NĐ-CP include:

a) A mortgage contract or credit agreement containing a clause on the use of borrowed funds by an individual or household for one of the areas serving agricultural and rural development (one original or one certified copy) (one original or one certified copy);

b) A confirmation document (signed and stamped) from the financial institution regarding the use of borrowed funds by an individual or household for one of the areas serving agricultural and rural development (one original or one certified copy).

2b. After receiving the registration result, the party requesting registration shall submit directly or send via postal service one of the types of documents specified in Clause 2a of this Article along with a copy of the Certificate of Secured Transaction Registration, contract, or asset seizure announcement for the Registration Center to implement without collecting the registration fee.

2c. In cases where the Registration Center discovers that the proof documents specified in Clause 2a of this Article are forged, altered, torn, or damaged, the Registration Center will collect the secured transaction registration fee according to the law.

Article 13. Obligation to Declare the Content of Registration Requests and Announcements of Seizure Online

When there is a request for registration of security transactions, contracts, or announcements of seizure of enforcement assets, the person making the registration request or the enforcement officer shall declare the content of the registration or announcement of seizure on the online registration system interface according to the model that corresponds to the registration or announcement request.

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

Article 14. Declaration of Information about Parties Involved in Security Transactions, Contracts, Enforcement Officers Making Announcements, and Debtors

The person making the registration request or the enforcement officer making the announcement of seizure of enforcement assets shall declare the name and identification number confirming the legal status of the parties involved in the security transaction or contract, and the debtor, following the guidance below:

1. Information about the guarantor is declared as follows:

a) For Vietnamese citizens, their full name and identity card number must be declared in accordance with the information recorded on the Identity Card.

b) For foreign individuals, their full name and passport number must be declared in accordance with the information recorded on the Passport.

c) For stateless persons residing in Vietnam, their full name and permanent residence card number must be declared in accordance with the information recorded on the Permanent Residence Card.

d) For organizations established under Vietnamese law with business registration, or foreign investors, their 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.

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

2. Information about the secured party, seller, lessor of assets, financial lessor, assignee of claims, and the enforcement officer making the announcement (hereinafter referred to as the secured party) is declared as follows:

a) Name of the beneficiary;

b) Address of the secured party.

Article 15. Description of Assets

1.27 The person making the registration request or the enforcement officer making the announcement of seizure of enforcement assets must describe the asset according to the guidance provided on the registration request interface, and the online announcement of seizure of enforcement assets document, and shall not attach files related to the secured asset or other documents, except in the case where the attached file is a document requesting notification of the pledge of motor vehicles.

2.28 In the case where the secured asset is a motor vehicle and it is not a circulating good in the production or business process or is not a future asset, the person making the registration request, the enforcement officer making the announcement of seizure of enforcement assets, and the person registering must accurately enter the chassis number of the motor vehicle in the "Chassis Number" field on the online registration request form. Each chassis number of a motor vehicle corresponds to one "Chassis Number" field on the online registration request form.

If the chassis number of the motor vehicle contains special characters (for example: *, #...), the person making the registration request, the enforcement officer making the announcement of seizure of enforcement assets, and the person registering must fully enter the chassis number (including special characters) in the "Asset Description" field on the online registration request form, while entering the chassis number without special characters in the "Chassis Number" field on the online registration request form.

3.29 In the case where the asset description in the registration request document or the announcement of the handling of the secured asset is described, the person making the registration request shall only declare the asset to be handled as described in the initial registration request document (or the change registration request document containing that asset) and accurately declare the registration request document number.

4.30 In the case where the secured asset is a circulating good in the production and business process, inventory, or property rights, the person making the registration request may describe the asset as follows:

a) Name of goods, type, quantity, specific address of warehouse, or other relevant information regarding the goods in the case where the secured asset is a circulating good in the production and business process or inventory;

b) Specific name of property right, legal basis for the creation of the right, monetary value of the property right (if applicable), or other relevant information regarding the property right in the case where the secured asset is a property right.

5.31 When changing the content of a previously registered pledge on the online registration system by adding or reducing the secured asset, the person making the registration request shall delete the asset description part of the previous registration request document at the "Asset Description" field or the "Chassis Number" field (in the case of a motor vehicle) and only describe the changed asset information on the registration request form or the online announcement of seizure of enforcement assets document interface.

6.32 When changing the content of a previously registered pledge on the online registration system by changing the information about the guarantor or the secured party without changing the secured asset, the person making the registration request shall only enter the changed information about the guarantor or the secured party and remove the asset information at the "Asset Description" field and the "Chassis Number" field (if applicable), and simultaneously enter the information: "No change in secured asset" at the "Asset Description" field on the online registration request form interface.

Article 16. Confirmation of Results of Online Registration for Security Transactions, Contracts, and Notifications of Seizure of Assets for Enforcement

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

Clause 2.33. The certificate of registration for security transactions, contracts, and notifications of seizure of assets for enforcement, with confirmation from the Registration Center and attached seal of the Registration Center on the registration application, shall be sent by the Registration Center to the person requesting registration and the enforcement officer according to one of the methods prescribed in Article 19 of Decree No. 83/2010/NĐ-CP based on the name and address of the person requesting registration and the enforcement officer stored in the database of security transactions.

Clause 3. In cases where there is a request for a copy of the certification document confirming the results of online registration for security transactions, contracts, and notifications of seizure of assets for enforcement, the person requesting registration must pay the fee for issuing copies as stipulated by law, except in cases where the enforcement officer requests a copy.

Clause 4.34. The certificate of registration for security transactions, contracts, and notifications of seizure of assets for enforcement, or a copy of such certificate issued by any Registration Center, have equal legal value.

Article 17. Registration for Changes, Cancellation of Registration for Security Transactions, Contracts, and Notifications of Seizure of Assets for Enforcement

Clause 1. The online registration system assigns a personal code to the person requesting registration for security transactions, contracts, and the enforcement officer notifying the seizure of assets for enforcement to carry out changes or cancellation of online registrations 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 seizure of assets for enforcement are registered through direct methods, postal mail, fax, or email, the person requesting registration and the enforcement officer have the right to request the Registration Center (where the registration was made) to provide the personal code to carry out changes or cancellation of online registrations for security transactions, contracts, and notifications.

Article 18. Handling Cases Where Online Registration Has No Legal Value

Clause 1. In cases where the content of the registration for security transactions, contracts, and notifications of seizure of assets for enforcement falls under any of the circumstances specified in Article 8 of this Circular, the system supervisor has the responsibility to report to the Director of the Registration Center for review and decision to cancel the registration content and notification of seizure.

Clause 2.35. For cases where the registration result is canceled, the Registration Center does not send the certificate of registration for security transactions, contracts, and notifications of seizure of assets for enforcement but only sends a notification of cancellation of the registration result via postal mail to the address of the person requesting registration and the enforcement officer stored in the database of security transactions.

Clause 3.36. In cases where the initial registration request belongs to the category of being canceled according to 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 change registration.

Clause 4.37. 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 result for security transactions, contracts, and notifications of seizure of assets for enforcement before receiving the notification of cancellation of the registration result.

Clause 5.38. The Registration Center has the responsibility to immediately notify the person requesting registration about the cancellation of the registration result for security transactions, contracts, and notifications of seizure of assets for enforcement via the email address provided by the person requesting registration.

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

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

The document requesting restoration of the registration results of security transactions that have 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 results of security transactions that have been canceled, the Registration Center shall be responsible for coordinating with the Department managing the database on security transactions to restore the registration data and issue the Certificate of Security Transaction Registration to the person requesting registration if the cancellation of the registration results 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 results of security transactions to be resolved in accordance with the law on complaints.

3. In cases where the Registration Center cancels the registration results without the grounds prescribed by law, causing damage to the person requesting registration, it must compensate for the damage in accordance with the law.

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

In cases where the person requesting registration requests the Registration Center to notify the pledge of motor vehicles, the following procedures shall be implemented:

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) in accordance with 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, usage rights, and circulation rights of assets according to the guidelines set forth in Article 10 of the Joint Circular No. 15/2013/TTLT-BTP-BGTVT-BTNMT-BCA.

Chapter 3

PROVISION OF INFORMATION 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, and seized assets through the online registration system include:

1. Self-searching for information;

2.41 Requesting information confirmed by the Registration Center as evidence to prove the legitimate rights and interests of organizations and individuals related to secured assets.

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

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

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

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

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

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

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

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

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

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

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

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

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

1. In cases where organizations 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 containing the provided 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 be accompanied by a fee for providing information as prescribed by law.

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

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

2. When a request for registration of secured transactions, contracts, or notification of seizure of enforcement assets 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 series number of the registration request form to facilitate management and searching.

Chapter 4

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 1, 2011.

Article 24. Transitional Provisions

1.44 (Repealed)

2. In cases where organizations and individuals request registration of changes, cancellation of registration of secured transactions, contracts, or notifications of seizure of enforcement assets registered before the effective date of this Circular, they may choose one of the following registration methods: direct, via postal service, via fax, via email, or through the online registration system as guided by this Circular.

3. For localities selected for pilot implementation of notary activities, the procedures and formalities for notifying the seizure of assets and investigating information about seized assets by notaries shall also be carried out in accordance with the provisions of this Circular.

Article 25. Responsibilities for Implementation

1. The National Registry of Secured Transactions is responsible for guiding the online registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets 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

Nguyen Khanh Ngoc

1 Circular No. 11/2015/TT-BTP amending and supplementing some articles of Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice amending and supplementing some articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets through direct, postal, fax, and email methods at the Registration Center for transactions and assets of the National Registry of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets are based on the following grounds:

"On the basis of the Civil Code dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Civil Enforcement Law on November 14, 2008;

On the basis of the Law Amending and Supplementing Certain Provisions of the Law on Enforcement dated November 25, 2014; On the basis of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions; On the basis of Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

On the basis of Decree No. 11/2012/NĐ-CP dated February 22, 2012 of the Government amending and supplementing some articles of Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions;

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

The Governor of the State Bank of Vietnam issues this Circular amending and supplementing some articles of Circular No. 10/2015/TT-NHNN dated July 22, 2015, issued by the Governor of the State Bank of Vietnam guiding the implementation of certain contents of Decree No. 55/2015/NĐ-CP dated June 9, 2015, of the Government on credit policies to serve the development of agriculture and rural areas.

On the basis of Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice

At the proposal of the Director of the National Registry of Secured Transactions, the Minister of Justice promulgates the Circular amending and supplementing some articles of Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice amending and supplementing some articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets through direct, postal, fax, and email methods at the Registration Center for transactions and assets of the National Registry of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets (hereinafter referred to as Circular No. 08/2014/TT-BTP)”

Circular No. 08/2014/TT-BTP amending and supplementing some articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets through direct, postal, fax, and email methods at the Registration Center for transactions and assets of the National Registry of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of seizure of enforcement assets are based on the following grounds:

"On the basis of the Civil Code dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Civil Enforcement Law on November 14, 2008;

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

BASED ON Decree No. 95/2008/NĐ-CP dated August 25, 2008 of the Government amending and supplementing certain articles of Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of Financial Leasing Companies;

BASED ON Decree No. 163/2006/NĐ-CP dated December 29, 2006 of the Government on secured transactions; BASED ON Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

BASED ON Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.

The Minister of Justice issues the Circular amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings.”

Article 2, Clause 1 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

Point 3 of this article is amended according to the provisions of Article 2, Clause 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

Point 4 of this article is added according to the provisions of Article 2, Clause 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

Point 5 of this article is added according to the provisions of Article 2, Clause 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

Article 6 of this document is amended according to the provisions of Article 2, Clause 3 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

Clause 7 of this article is amended according to the provisions of Article 2, Clause 4 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which shall take effect from April 15, 2014.

This paragraph is abolished pursuant to Clause 5, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center, Property of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This paragraph is amended pursuant to Clause 5, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center, Property of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This paragraph is abolished pursuant to Clause 6, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center, Property of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This Article is amended pursuant to Clause 7, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center, Property of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This Point is amended pursuant to Point a, Clause 4, Article 1 of Circular No. 11/2015/TT-BTP amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Transaction Registration Center, Property of the National Office of Registration of Secured Transactions under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from October 15, 2015.

This point is added pursuant to Point b Clause 4 Article 1 of Circular No. 11/2015/TT-BTP amending and supplementing certain articles of Circular No. 08/2014/TT-BTP dated February 26, 2014 amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from October 15, 2015.

This point is repealed pursuant to Clause 8 Article 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This point is amended pursuant to Clause 8 Article 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This clause is amended pursuant to Clause 8 Article 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This point is amended pursuant to Clause 9 Article 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This point is repealed pursuant to Clause 9 Article 2 of Circular No. 08/2014/TT-BTP amending and supplementing certain articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding certain issues regarding registration, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This paragraph was added pursuant to Clause 5, Article 1 of Circular No. 11/2015/TT-BTP amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from October 15, 2015.

This paragraph was added pursuant to Clause 5, Article 2 of Circular No. 11/2015/TT-BTP amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from October 15, 2015.

This paragraph was amended pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

This paragraph was amended pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP dated February 26, 2014 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings.

This paragraph was amended pursuant to Clause 6, Article 1 of Circular No. 11/2015/TT-BTP amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from October 15, 2015.

This paragraph was added pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 30 is added pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 31 is added pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 32 is added pursuant to Clause 10, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 33 is amended pursuant to Clause 11, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 34 is amended pursuant to Clause 11, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 35 is amended pursuant to Clause 12, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 36 is added pursuant to Clause 12, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

Paragraph 37 is added pursuant to Clause 12, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

38 This paragraph was added pursuant to Clause 12, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

39 This article was added pursuant to Clause 13, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

40 This article was added pursuant to Clause 14, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

41 This paragraph was amended pursuant to Clause 15, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

42 This article was added pursuant to Clause 16, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

43 This Chapter was amended pursuant to Article 3 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the Registration Center for Secured Transactions and Assets under the National Office of Registration of Secured Transactions of the Ministry of Justice, and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings, as follows:

“Article 3. Implementation Provisions

1. This Circular takes effect from April 15, 2014.

2. This Circular promulgates the model form for the request to restore the results of secured transaction registration.

3. Transitional Provisions

a) The Registration Centers shall be responsible for receiving and processing requests for registration, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings within their administrative jurisdiction as decided by the Minister of Justice to best meet the requirements of organizations and individuals and ensure the effectiveness of the secured transaction registration system.

b) In cases where a customer code and online registration account have not yet been issued, individuals and organizations shall follow the procedures stipulated in this Circular.

4. Responsibility for implementation

a) The National Office of Registration of Secured Transactions shall be responsible for providing guidance and answering questions regarding registration, provision of information on secured transactions, contracts, and notifications of asset seizure for enforcement proceedings through direct, postal, fax, email, and online methods as prescribed in this Circular.

b) During implementation, if there are difficulties or obstacles, individuals and organizations are requested to promptly report them to the Ministry of Justice for study and resolution./.

Point a, Clause 3, Article 3 of Circular No. 08/2014/TT-BTP dated February 26, 2014, 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings shall be abolished pursuant to Clause 7, Article 3 of Circular No. 11/2015/TT-BTP dated September 1, 2015, amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014, 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings.

Article 2 of Circular No. 11/2015/TT-BTP amending and supplementing certain provisions of Circular No. 08/2014/TT-BTP dated February 26, 2014, 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings shall take effect from October 15, 2015 and is stipulated as follows:

“Article 2. Implementation clause

1. This Circular takes effect from October 15, 2015.

2. In cases where organizations or individuals have already used customer identification numbers and online registration accounts of other organizations or individuals to register secured transactions established by themselves prior to the effective date of this Circular, and now request to change registration, register notifications about the handling of secured assets, correct errors, or delete registrations, such organizations or individuals shall complete regular customer registration at the National Registration Center for Secured Transactions under the Ministry of Justice and use the issued customer identification number and online registration account to perform changes, register notifications about the handling of secured assets, correct errors, or delete registrations in accordance with the law.

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

44 This clause is abolished pursuant to Clause 17, Article 2 of Circular No. 08/2014/TT-BTP 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, provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings through direct, postal, fax, and email methods at the National Registration Center for Secured Transactions and Assets under the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding online registration and provision of information on secured transactions, contracts, and notification of asset seizure for enforcement proceedings, which took effect from April 15, 2014.

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4418/VBHN-BTP

Consolidated Document number 4418/VBHN-BTP guiding registration and provision of online information for security transactions, contracts, and notifications of asset attachment for enforcement.

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Consolidated Document number 4418/VBHN-BTP guiding registration and provision of online information for security transactions, contracts, and notifications of asset attachment for enforcement.

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