Decree No. 99/2022/NĐ-CP on Registration of Security Measures

DECREE

ON REGISTRATION OF SECURITY MEASURES

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on Housing dated November 25, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022;

Pursuant to the Securities Law promulgated on November 26, 2019;

At the proposal of the Minister of Justice;

The Government issues this Decree on registration of security measures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on the registration and provision of information on security measures using assets (hereinafter referred to as security measures); state management over the registration of security measures.

2. Registration of security measures and provision of information on security measures using securities that have been centrally registered at Vietnam Securities Depository Corporation shall be carried out in accordance with the laws on securities. For matters not provided for in the laws on securities, they shall be implemented according to the provisions related to the registration of movable property security measures other than aircraft and ships under this Decree.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals participating in or related to the registration, provision of information on security measures, and state management over the registration of security measures.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Registration of security measures is the act of the registration agency recording and updating into the Register or into the Database about the secured party using assets to secure the performance of their own obligations or those of another person or simultaneously securing the performance of their own obligations and those of another person for the benefit of the beneficiary (hereinafter referred to as registration).

2. Provision of information on security measures is the act of the registration agency or other authorized agency as prescribed in this Decree providing information on registered security measures upon request from relevant agencies, organizations, or individuals, or the act of other authorized agencies or persons providing information related to assets to the registration agency.

3. The Register is a book used by the registration agency to record and update registration contents. The Register may be a paper book, an electronic book, or both a paper and an electronic book, including:

a) Land Registry Book, Future Property Mortgage Register for land use rights and attached assets for security measures using land use rights and attached assets;

b) Aircraft Register of Vietnam for security measures using aircraft;

c) National Ship Register of Vietnam for security measures using ships;

d) Register as prescribed by the law on exploitation and utilization of marine resources for security measures using rights to use marine areas allocated for aquaculture and attached assets to such marine areas (hereinafter referred to as rights to use marine areas and attached assets).

4. The Database on security measures is a collection of data on registered security measures organized and arranged for access, exploitation, and management through electronic means (hereinafter referred to as the Database).

5. A valid registration file is a file containing a complete Valid Registration Request Form and other documents as required by this Decree.

6. A Valid Registration Request Form is a form fully and correctly filled out with all required items according to the model attached to this Decree (hereinafter referred to as the Appendix).

7. Certificates include:

a) Certificate of ownership of movable assets; certificate of registration of motor vehicles; other documents confirming ownership of movable assets as prescribed by law;

b) Certificate of registration of Vietnamese ships;

c) Certificate of ownership of aircraft;

d) Certificate of land use rights or Certificate of ownership of housing and land use rights or Certificate of land use rights, ownership of housing, and other attached assets or Certificate of ownership of housing or Certificate of ownership of construction works issued in accordance with the laws on land, housing, and construction;

đ) Documents certifying rights to use marine areas and ownership of attached assets to marine areas as prescribed by the laws on exploitation and utilization of marine resources.

8. Cancellation of registration is the act of the registration agency recording and updating into the Register or into the Database about the non-recognition of the registration result from the time the security measure was registered due to grounds for cancellation.

Article 4. Cases for Registration

1. The cases for registration include:

a) Registration of mortgage, pledge, and reservation of ownership as provided for in the Civil Code and other relevant laws;

b) Registration pursuant to the agreement between the guarantor and the creditor or at the request of the creditor, except for holding assets;

c) Registration to notify the handling of collateral assets when one asset is used to secure multiple obligations with multiple creditors or in accordance with the agreement between the guarantor and the creditor;

d) Registration to change the contents already registered (hereinafter referred to as "registration change"); cancellation of the contents already registered (hereinafter referred to as "cancellation of registration") in the cases specified in points a, b, and c of this clause.

2. The registration shall be carried out at the competent authority for registration as stipulated in Article 10 of this Decree.

Article 5. Principles of Registration and Provision of Information

1. The person requesting registration must declare truthfully and bear legal responsibility for the accuracy of the declared information.

2. The registration authority must perform within its jurisdiction, duties, bases, procedures, and deadlines; not create additional procedures contrary to the provisions of this Decree; not require submission of any additional documents or declaration of any additional information not prescribed in the registration dossier; not require modification of the name of the guarantee contract or the content of the agreement in the guarantee contract. The registration authority shall bear legal responsibility in case of violation of these principles. The registration authority is not responsible for the name of the guarantee contract or the content of the agreement in the guarantee contract; is not responsible for the implementation of registration, cancellation of registration, restoration of cancelled registration according to the content of effective judgments or decisions of competent authorities or persons authorized; is not responsible for having registered collateral assets that are disputed assets or civil enforcement assets if before or at the time of recording or updating the registration content in the Register or in the Database, the registration authority does not receive the acceptance document or proof of acceptance by the competent authority to resolve disputes or enforce civil judgments.

3. Registration for land use rights, attached assets; sea area use rights, attached assets to sea areas or aircraft, ships must ensure that the declared content and documents in the registration dossier are consistent with the information on the Certificate, information retained by the registration authority, except for the cases prescribed in Clause 5 of this Article, Clause 1, Clause 3 of Article 36 and Article 37 of this Decree.

4. In the case of registration to secure the performance of another person's obligation or simultaneously to secure the performance of the guarantor's and another person's obligation, the guarantor must be the person with land use rights, sea area use rights or the owner of the asset used for security, except in the case of reservation of ownership. The guarantee of the obligation prescribed in this clause is the responsibility of the guarantor and the creditor according to the agreement in the guarantee contract or as prescribed by civil law.

5. In the case of registration for future assets; attached assets to land which the law does not require registration of ownership and have not been registered for ownership upon request; annual crops, temporary structures; movable property that is not aircraft, ships, securities traded on a centralized market or registration to notify the handling of collateral assets, the registration authority shall carry out registration based on the information declared on the Registration Request Form. The person requesting registration shall bear legal responsibility for the legality and accuracy of the information declared on the Registration Request Form.

6. Information about secured measures already registered shall be provided upon request or as prescribed by law.

Article 6. Effectiveness of Registration

1. The effectiveness of registration is determined as follows:

a) The effective time of registration for land use rights and immovable property attached to land is the time when the registration authority records and updates the registration content in the Land Registry Book; for immovable property attached to land as stipulated in points a and b Clause 2 Article 25 of this Decree, it is the time when the registration authority records and updates the registration content in the Mortgage Register Book of future immovable property attached to land; for aircraft, it is the time when the registration authority records and updates the registration content in the Aircraft Register Book of Vietnam; for ships, it is the time when the registration authority records and updates the registration content in the National Ship Register of Vietnam; for movable property that is not aircraft or ships, securities registered centrally, or in cases stipulated in point d Clause 1 Article 44 of this Decree, it is the time when the registration content is updated in the Database. The effective time of registration for sea area use rights and immovable property attached to sea areas is the time when the registration authority records and updates the registration content in the Register Book or in the Database according to the laws on exploitation and utilization of marine resources;

b) The duration of effectiveness of registration is calculated from the effective time of registration to the time of cancellation of registration. The duration of effectiveness of registration serves as the basis for determining the duration of opposition effectiveness of security measures against third parties according to the Civil Code, except in cases where the opposition effectiveness does not terminate as provided in Clause 2 of this Article and in cases of registration of notification of asset disposal measures as provided in Clause 4 of this Article;

c) A change registration does not alter the effective time or terminate the effectiveness of registration, except in cases where additional collateral or additional secured obligations are added, or information is corrected due to errors made by the registration applicant regarding the chassis number of road vehicles, other information as stipulated in Clauses 3, 4, 7, and 8 of Article 45 of this Decree, then the effective time for the changed content is the time when the registration authority records and updates the changed content in the Register Book or in the Database. In cases of change registration of the guarantor or the secured party due to partial transfer of debt claims or partial transfer of obligations as stipulated in Clause 3 of Article 18 of this Decree, it does not alter or terminate the effectiveness of registration for the already registered content related to the part of the debt claim or obligation that the parties have not agreed to transfer;

d) In cases of cancellation of registration, the effectiveness of registration terminates from the time when the registration authority records and updates the canceled content in the Register Book or in the Database;

đ) In cases where a single asset is used to secure multiple obligations, the registration for subsequent obligations does not alter or terminate the effectiveness of registration for previously registered obligations;

e) In cases of cancellation of registration, the registration has no effect. If only part of the already registered content is canceled, it does not alter or terminate the effectiveness of registration for the other parts of the registered content. If the registration has been canceled but later restored according to Clause 3 of Article 21 of this Decree, the effective time and duration of effectiveness of the registration before cancellation remain unchanged or do not terminate;

2. The opposition effectiveness of security measures registered with the competent registration authority does not terminate in the following cases:

a) Security measures by unregistered securities have been registered with the competent authority as stipulated in Clause 5 of Article 10 of this Decree, subsequently becoming registered securities under securities laws, continue to be used to secure obligations for the same party or multiple parties receiving the guarantee and are registered with the competent authority as stipulated in Clause 4 of Article 10 of this Decree;

b) Security measures by registered securities have been registered with the competent authority as stipulated in Clause 4 of Article 10 of this Decree, subsequently becoming unregistered securities under securities laws, continue to be used to secure obligations for the same party or multiple parties receiving the guarantee and are registered with the competent authority as stipulated in Clause 5 of Article 10 of this Decree;

c) Security measures by circulating goods in production and business, spare parts, materials have been registered with the competent authority as stipulated in Clause 5 of Article 10 of this Decree, subsequently being assembled, manufactured, processed, or transformed into new assets and these assets are used to secure obligations, registered with the competent authority as stipulated in Clause 1, Clause 2, Clause 3, or Clause 6 of Article 10 of this Decree while the value of circulating goods in production and business or the value of spare parts, materials continues to be used to secure obligations for the original party or multiple parties receiving the guarantee;

d) Mortgage of property rights arising from real estate purchase contracts or other contracts concerning ownership of immovable property attached to land (hereinafter referred to as contracts for purchasing other immovable property attached to land) have been registered with the competent authority as stipulated in Clause 5 of Article 10 of this Decree, subsequently being transferred to register mortgage of real estate, mortgage of other immovable property attached to land as stipulated in point b Clause 1, point b Clause 2, and Clause 5 of Article 26 of this Decree.

3. In cases of overlapping registrations as stipulated in Article 49 of this Decree, the effectiveness of registration is determined based on the earliest registration performed.

4. The registration of the notice on the disposal of collateral assets becomes effective from the moment the registration authority records and updates the content of the notice in the Register Book or in the Database; it ceases to be effective from the moment the registration authority records and updates the deletion of the notice content in the Register Book or in the Database, or from the moment the security measure is deregistered. The effect of the registration provided for in this clause is to notify and publicize the disposal of collateral assets to the guarantor, the co-beneficiary of the guarantee, or other organizations or individuals; it is not a basis for determining the opposition effect of the security measure against third parties.

Article 7. Language used in registration and information provision

1. Forms, documents, and declarations in registration and information provision must be prepared in Vietnamese or in both Vietnamese and a foreign language where the law provides for such. In cases where the registration dossier contains documents in a foreign language, a certified Vietnamese translation or a translation with the notarized signature of the translator must be attached, except in the cases stipulated in Clause 2 and Clause 3 of this Article. Where documents in the registration dossier and the Information Request Form are prepared in both Vietnamese and a foreign language, the Vietnamese version shall be used for registration and information provision. Where, according to relevant laws, the language used in registration and information provision is both Vietnamese and a foreign language and the documents in the registration dossier and the Information Request Form are prepared in these two languages, the Vietnamese version and the foreign language version have equal validity, unless there is inconsistency in content between the two versions, in which case the Vietnamese version shall be used.

2. In cases where the person requesting registration or the person requesting information provision is a foreign individual, an organization with foreign nationality, or established under the laws of a foreign country, and the information of this subject is not written in English or another Latin script, it shall be declared according to the name as shown on the passport or substitute travel document; and the name of the organization as shown on the decision issued by the competent authority of the foreign country.

3. In cases where the collateral asset has a specific name that is not in Vietnamese but complies with the relevant laws of the Socialist Republic of Vietnam or with the effective decisions of the competent authorities of the Socialist Republic of Vietnam, it shall be declared according to the specific name of the asset.

4. Documents specified in this Article do not require consular legalization.

Article 8. Persons Requesting Registration, Persons Requesting Information Provision

1. Persons requesting registration include the beneficiary of the guarantee, the guarantor; the Administrator; enterprises managing and liquidating assets when a business or cooperative loses its ability to pay and borrows assets from others but does not register (hereinafter referred to as the enterprise managing and liquidating assets).

2. Persons requesting registration in the case of registration changes include those specified in Clause 1 of this Article; the new beneficiary of the guarantee in the case of changing the beneficiary of the guarantee; the successor in the case where the guarantor or the beneficiary of the guarantee is a legal entity being reorganized; the new guarantor in the case of changing the guarantor and obtaining the consent of the beneficiary of the guarantee, except where the new guarantor is an heir as defined in the Civil Code or another person established with rights under the law.

3. Persons requesting registration in the case of deregistration include those specified in Clauses 1 and 2 of this Article; the lawful transferee of the collateral asset being the right to use land, the right to use a maritime area, or the lawful transferor of ownership of other collateral assets (hereinafter referred to as the lawful transfer of collateral assets) who does not become the new guarantor; the civil enforcement agency, Enforcement Officer, other authorized agencies, or other authorized persons as prescribed by law. In cases where the lawful transferee of the collateral asset or the authorized agency, authorized person as specified in this clause only requests the removal of one or several collateral assets to deregister the asset, they shall be considered as persons requesting registration in the case of registration changes.

4. In cases where the law on securing obligations or the guarantee contract provides for the registration of pledge, deposit, mortgage, or guarantee, the person requesting registration is the beneficiary of the guarantee, except where the guarantor and the beneficiary of the guarantee have agreed otherwise.

5. The person requesting registration of the notice on the disposal of collateral assets is the beneficiary of the guarantee.

6. Persons requesting information provision include the persons requesting registration as stipulated in this Article and other agencies, organizations, or individuals requiring information about the security measures.

7. Persons requesting registration, persons requesting information provision as stipulated in this Article may themselves carry out registration, request information provision, or carry out through a duly authorized representative. In cases where it is carried out through a representative, the document containing the representation content is a required document in the registration dossier, information provision dossier (one original or one certified copy or one copy accompanied by the original for comparison), except in cases where registration is carried out through the online registration account of the representative as stipulated in Clause 2 of Article 24 of this Decree.

8. In the case where a branch of a legal entity, a branch or a transaction office of a legal entity that is a credit organization (hereinafter referred to as the branch of the legal entity) is assigned by the legal entity to perform the functions of the legal entity regarding the request for registration and the request for information provision according to the charter, rules of operation, or by the lawful representative's authorization or designation, then this branch shall be the person named on the Registration Request Form and Information Provision Request Form as the person requesting registration and the person requesting information provision. In this case, the document containing the content of the legal entity assigning tasks to the branch to perform the functions of the legal entity in the request for registration and the request for information provision must be included in the registration file and the information provision file (one original or one certified copy or one copy accompanied by the original for comparison).

9. In the case where the guarantee obligation is secured by property belonging to a sole proprietorship business and the person requesting registration is the guarantor, such person may be named as the owner of the sole proprietorship business or the name of the sole proprietorship business on the Registration Request Form.

9. Rights and obligations of the person requesting registration, the person requesting information provision

1. Rights of the person requesting registration, the person requesting information provision:

a) Receiving the results of registration and information provision; checking and comparing the registered and provided information; requesting the registration authority specified in Clause 2, Clause 3, or Clause 5 of Article 10 of this Decree to issue a certified copy of the registration certificate for cases within its jurisdiction;

b) Requesting the registration authority to respond in writing to the refusal of registration, refusal to cancel registration, refusal to restore a cancelled registration, or refusal to provide information in accordance with Articles 15, 18, 20, 21, or 51 of this Decree;

c) Requesting the registration authority to correct erroneous information in the registered content due to the registration authority's error or requesting registration to change erroneous information due to the person requesting registration's error;

d) Using the results of registration and information provision to exercise their legitimate rights and fulfill their obligations before competent authorities and organizations; to establish and perform civil transactions;

đ) Being exempted from the obligation to pay fees, service charges, or other payment obligations when laws on fees and charges, laws on prices, or other relevant laws provide for such exemptions;

e) Filing complaints, lodging accusations, initiating lawsuits, or requesting compensation for damages in accordance with relevant laws if the registration authority refuses registration, refuses to cancel registration, refuses to restore a cancelled registration, refuses to provide information as stipulated in point b of this clause, or refuses to implement the exemption from the obligation to pay fees, service charges, or other payment obligations as stipulated in point đ of this clause; if the registration of changes, cancellation of registration, restoration of a cancelled registration, or other actions are not based on the provisions of this Decree;

2. Obligations of the person requesting registration, the person requesting information provision:

a) Truthfully, completely, and accurately declaring and providing information on the Registration Request Form and Information Provision Request Form and being responsible for such information; being responsible for the name of the guarantee contract, the content of the agreement in the guarantee contract, and other documents and materials in the registration file;

b) Paying fees, service charges, or other payment obligations as prescribed by laws on fees and charges, laws on prices, or other relevant laws; paying transfer fees, non-cash payment service fees, postal service fees for the delivery and return of registration files, documents, materials, registration results, certified copies of registration certificates, and information provision results through postal services; paying costs for delivering registration results, certified copies of registration certificates, and information provision results through other agreed methods between the registration authority and the person requesting registration or information provision as stipulated in Clause 1, Point c of Clause 2 of Article 17 and Clause 2 of Article 51 of this Decree; providing documents and materials proving eligibility for fee, service charge, or other payment obligation exemptions as stipulated in Point đ of Clause 1 and Clause 3 of this Article;

c) Being responsible for their own actions in falsifying documents, signatures, or seals in the registration file;

d) Being liable for compensation for damages based on the provisions of the Civil Code or other relevant laws in cases stipulated in Point c of this clause or in cases where they fail to register when there are grounds prescribed in this Decree, causing damage to the registration authority, organizations, or individuals;

3. In the case stipulated in Point đ of Clause 1 of this Article, the person requesting registration has the right to choose to submit one of the following documents or materials in the registration file: Guarantee contract, loan contract, or another document containing information about the exemption from the obligation to pay registration fees, service charges, or other payment obligations (one original or one certified copy or one copy accompanied by the original for comparison). The submission of documents and materials under this clause shall only be done once for the same security measure registration.

4. Organizations and individuals who self-search for information as stipulated in Point b of Clause 2 of Article 50 of this Decree have the right to use the database access code issued to them for searching information; they are obligated to pay the fee for issuing the database access code as prescribed by laws on fees and charges.

Article 10. Registration Authority and Information Provision Authority

1. The Land Registration Office under the Department of Natural Resources and Environment, Branches of the Land Registration Office (hereinafter referred to as the Land Registration Office) shall carry out registration and provide information on security measures by land use rights and immovable property attached to land as prescribed in Article 25 of this Decree.

2. The Civil Aviation Administration under the Ministry of Transport shall carry out registration and provide information on security measures by aircraft as prescribed in Article 38 of this Decree.

3. The Vietnam Maritime Administration under the Ministry of Transport or its branches, maritime port offices (hereinafter referred to as the Vietnamese Ship Registration Authority) shall carry out registration and provide information on security measures by ships and other assets as prescribed in Article 41 of this Decree.

4. The Vietnam Securities Depository and Clearing Corporation shall carry out registration and provide information on security measures by securities that have been centrally registered in accordance with the laws on securities.

5. The Transaction and Asset Registration Center of the National Registry of Security Transactions under the Ministry of Justice (hereinafter referred to as the Transaction and Asset Registration Center) shall carry out registration and provide information on security measures by movable property that is not aircraft, ships, or centrally registered securities (hereinafter referred to as movable property) and other cases as prescribed in Article 44 of this Decree.

6. The determination of the competent authority for registration and provision of information on security measures by sea area use rights and immovable property attached to sea areas shall be carried out in accordance with the laws on exploitation and utilization of marine resources.

7. The determination of the competent authority for providing information in cases where organizations and individuals self-inquire information through database usage codes and in the provision of information between competent authorities and registration authorities shall be carried out in accordance with Clause 2 of Article 50 and Article 52 of this Decree.

Article 11. Duties and Authorities of the Registration Authority and Information Provision Authority

1. Register according to the cases and within the competence prescribed in Articles 4 and 10 of this Decree; issue certified copies of registration certificates for cases prescribed in point a, Clause 1, Article 9 of this Decree; correct information errors in the registered content.

2. Provide information on security measures.

3. Refuse registration and refuse to provide information only in cases provided for in Articles 15 and 51 of this Decree.

4. Transfer related documents to the competent authority for resolution in accordance with the law when discovering signs of forgery in documents, signatures, seals in the registration file.

5. Cancel registration and restore canceled registration in accordance with Article 21 of this Decree.

6. Update and store information in archival files, Database.

7. Collect, remit, manage, and use fees, service charges, and other payment obligations when carrying out registration and information provision in accordance with the laws on fees and charges, price laws, and other relevant laws.

8. Resolve complaints and denunciations in accordance with the law.

Chapter II

REGISTRATION PROCEDURES FOR SECURITY MEASURES

Section 1

GENERAL PROCEDURES

Article 12. Signatures and seals in registration

1. The registration request form must bear the signature of the authorized person (hereinafter referred to as "signature"), seal (if any) of the guarantor and the creditor, except in the following cases:

a) In the case of a guaranteed contract or a modified or supplemented guaranteed contract that has been notarized or certified, only the signature and seal (if any) of the guarantor or the creditor are required;

b) In the case of a guaranteed contract or a modified or supplemented guaranteed contract that specifically designates the party requesting registration, only the signature and seal (if any) of the designated party are required;

c) For pledge registration, deposit registration, mortgage registration, or guarantee deposit registration when the law on guaranteeing performance of obligations or the guaranteed contract provides for it, only the signature and seal (if any) of the creditor are required, except where there is a different agreement in the guaranteed contract;

d) When the party requesting registration is a Trustee, a business managing or liquidating assets, only the signature and seal (if any) of this subject are required;

đ) For change registration to modify information about the creditor or reduce the collateral, only the signature and seal (if any) of the creditor are required; for change registration of the creditor, only the signature and seal (if any) of the new creditor, the creditor who is the heir as provided by the Civil Code, or the successor in the case where the creditor is a legal entity being reorganized are required;

e) For cancellation registration at the request of the creditor, only the signature and seal (if any) of the creditor are required;

g) For cancellation registration in the cases specified in points k and l, Clause 1, Article 20 of this Decree, only the signature and seal (if any) of the guarantor are required;

h) For change registration to reduce the collateral or cancel registration at the request of the guarantor, if there is a document showing that the creditor agrees to cancel the registration or confirms that the guaranteed contract has ended, been settled, or released, or another document expressing the will of the creditor to agree to reduce the collateral or cancel the registration, only the signature and seal (if any) of the guarantor are required;

i) For change registration to reduce the collateral or cancel registration at the request of a competent civil enforcement agency, a competent Enforcement Officer, or another competent authority, or another person with authority as provided by law, only the signature of the authorized person of the civil enforcement agency, another competent authority, or the Enforcement Officer, and the seal of such agency are required;

k) For change registration to reduce the collateral or cancel registration at the request of the lawful recipient of the transferred guaranteed asset, if there is a valid purchase contract for auctioned assets, other transfer contracts regarding ownership of the guaranteed asset, or a confirmation document of the execution result issued by a competent civil enforcement agency (hereinafter referred to as the Confirmation Document of Execution Result), only the signature and seal (if any) of the lawful recipient of the transferred guaranteed asset are required;

l) For transfer registration of mortgage as stipulated in point b, Clause 1, point b, Clause 2, and Clause 5, Article 26 of this Decree, if the mortgage contract arising from a real estate purchase contract or another asset purchase contract attached to land contains provisions on the transfer registration of mortgage as stipulated in Clause 3 and Clause 4, Article 26 of this Decree and has been notarized or certified as provided by law, only the signature and seal (if any) of the creditor are required;

m) For notification registration of collateral disposal, only the signature and seal (if any) of the creditor are required.

2. In the case where a branch of a legal entity is named as the party requesting registration as stipulated in Clause 8, Article 8 of this Decree, the signature and seal (if any) of the legal entity shall be replaced by the signature and seal (if any) of the branch. If the legal entity changes information about the branch or replaces the branch, the signature and seal (if any) of the branch with changed information or the new branch shall replace those of the replaced branch.

3. In the case where the obligation is guaranteed by property belonging to a private enterprise, the signature on the registration request form shall be that of the owner of the private enterprise, and the seal of the private enterprise (if any) may be used if the registration request form declares the party requesting registration to be a private enterprise.

4. In the case where the guarantor or creditor consists of multiple parties, signatures and seals (if any) of all these subjects are required, except where a document shows that one or some guarantors or creditors have the right to represent the others.

5. In the case where the obligation of another person or the obligation of both the guarantor and another person is guaranteed, the registration request form does not require the signature and seal (if any) of the person whose obligation is guaranteed.

6. In the case where the Vietnam Asset Management Corporation or another subject becomes the new creditor and falls under the category of not needing to register a change of creditor as stipulated in point a, Clause 1, Article 18 of this Decree as the party requesting registration, the signature and seal (if any) of the creditor on the registration request form shall be those of this subject. In this case, the document serving as the basis or containing the determination of the new creditor is a necessary document in the registration file (one original or one certified copy or one copy accompanied by the original for comparison).

7. In the case where the party requesting registration is an individual who cannot write or a disabled person unable to sign, a thumbprint shall be made instead of a signature on the registration request form.

8. In the case where organizations or individuals as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article carry out registration through a representative, the signature and seal (if any) of the representative on the registration request form shall replace those of the represented party. If there is a change in the representative after registration, the new representative shall sign and affix the seal (if any) on the registration request form.

9. In case the registration dossier is submitted through the online registration system, the signatures and seals stipulated in Clauses 1, 2, 3, 4, 5, 6, and 8 of this Article may be replaced by electronic signatures and electronic seals. Electronic signatures and electronic seals have the same legal value as signatures and seals used on paper documents (hereinafter referred to as paper version).

Article 13. Methods of Submitting Registration Dossiers

1. Registration dossiers shall be submitted in one of the following methods:

a) Through the online registration system;

b) Direct submission or mailing via postal service;

c) Via email.

2. The methods of submitting registration dossiers specified in point a and point c of Clause 1 of this Article for land use rights, attached assets, sea area use rights, attached assets to sea areas, or aircrafts and ships shall be implemented according to the laws on land, marine resource exploitation and utilization, civil aviation, or maritime laws.

3. The method of submitting registration dossiers specified in point c of Clause 1 of this Article for the cases prescribed in Article 44 of this Decree shall apply to individuals who have been granted online registration accounts.

Article 14. Acceptance of Registration Dossiers

1. In case the registration dossier is submitted in paper form and is valid, the person accepting it shall record it in the Register Book, issue a Receipt for the dossier, and set a date for returning the result.

2. In case the registration dossier is submitted through the online registration system, the registration authority shall accept the request and check the dossier through the online interface. If the registration dossier is valid, an automatic confirmation will be sent back to the organization or individual indicating successful submission and informing the time of dossier acceptance or implementing such feedback and notification in another manner as provided for in Clause 2 of Article 17 of this Decree.

Article 15. Refusal of Registration

1. Refusal of registration shall be carried out when there is one of the following grounds:

a) It does not fall within the jurisdiction of the registration authority;

b) The registration dossier is not valid as prescribed in Clause 5 of Article 3 of this Decree;

c) The asset does not meet the conditions for guaranteeing obligations under the Land Law, Housing Law, or other relevant laws. In case of disputed assets, the registration authority shall only refuse registration upon receiving a case acceptance document or a document proving the acceptance of dispute resolution by the court or another competent authority;

d) Information in the registration dossier does not match the information kept at the registration authority, except in cases prescribed in Clause 8 of Article 25, Clause 1 and Clause 3 of Article 36, and Article 37 of this Decree;

đ) Description information on the Registration Request Form for assets prescribed in Clause 3 of Article 5 of this Decree does not match the information on the Certificate of Ownership, except in cases where the description information on the Registration Request Form matches the information being kept at the registration authority due to the establishment of a new cadastral map replacing the measurement data used to issue the Certificate of Ownership which the land user or owner of attached assets has not yet exchanged for a new Certificate of Ownership based on the new cadastral map;

e) Information of the guarantor or the beneficiary in the case of registration through the online registration system or information of the representative in the case of registration prescribed in Clause 2 of Article 24 of this Decree does not match the information of the online registration account used;

g) A request to change or delete registration information about security measures or security asset disposal notifications that are not kept at the registration authority;

h) The registration authority discovers counterfeit documents, signatures, or seals in the registration dossier or receives information with confirmation from a competent authority regarding the identification of counterfeit documents, signatures, or seals in the registration dossier;

i) Before recording or updating the registration content in the Register Book or Database, the registration authority receives a document from the civil enforcement agency or Enforcement Officer regarding the announcement of seizure of execution assets as security assets or a request to temporarily suspend or stop registration for assets where the guarantor is a debtor subject to civil enforcement proceedings according to the law on civil enforcement proceedings; or receives a document from a judicial authority, authorized person, or another competent authority, or an authorized person regarding a request not to implement registration according to the law. This provision does not apply in cases where the National Assembly Resolution on handling non-performing loans of credit institutions or other relevant laws provide otherwise;

k) The person requesting registration does not pay the registration fee, except in cases where the law on fees and charges or other relevant laws provide otherwise.

2. The registration authority can only refuse registration when there is a ground prescribed in Clause 1 of this Article and must bear responsibility according to relevant laws in case of refusal without grounds. When there is a ground for refusing registration, the registration authority shall carry out the refusal on the working day of receiving the dossier or on the working day of receiving the document from the competent authority or authorized person as prescribed in points c, h, and i of Clause 1 of this Article. If the receipt time is after 15:00 on the same day, it may be carried out on the next working day. The refusal must be documented and clearly state the grounds for refusing registration. In cases of refusal based on grounds prescribed in points b, d, or đ of Clause 1 of this Article, the refusal document must include guidance on the contents that need to be completed or supplemented.

3. In case the registration has already been made and the registration authority subsequently receives a document from the competent authority or authorized person as prescribed in point i of Clause 1 of this Article, the registration authority shall notify in writing to the authority or person requesting the document about the registration having been made.

4. In case the person requesting registration appeals against a document or decision of a competent authority that is not the registration authority or an authorized person that is not an authorized person of the registration authority as prescribed in points c, h, and i of Clause 1 of this Article, it shall be handled according to the provisions of the law on litigation, civil enforcement proceedings, or other relevant laws.

Article 16. Time limit for processing registration files

1. The registration authority shall be responsible for processing registration files on the day they receive valid files; if the file is received after 15:00 on the same day, it may complete the registration on the following working day. In cases where the registration authority has legitimate reasons to extend the time for processing registration files, the processing time shall not exceed three working days from the date of receiving valid files. In such cases, the registration authority must notify the person requesting registration in writing or electronically (hereinafter referred to as electronic form) or by other convenient means for the person requesting registration and suitable for the conditions of the registration authority immediately upon having legitimate reasons.

2. For registration files concerning land use rights and attached assets submitted through the Single Window Unit for Acceptance and Delivery of Administrative Procedure Results, Provincial Public Service Centers, or People's Committees of communes, wards, and towns (hereinafter referred to as People's Committee at the commune level), the processing time for registration files shall be calculated from the date the Land Registration Office receives valid registration files.

3. The time not counted within the time limit stipulated in Clause 1 of this Article includes:

a) Time during which natural disasters, epidemics, fires, online registration system failures, power grid outages, internet network outages, or other force majeure events occur according to official documents or decisions of competent authorities leading to the registration authority being unable to perform registration according to procedures and deadlines set forth in this Decree. In such cases, the registration authority must immediately notify on the same working day when the event occurs or on the same working day when it receives the official document or decision of the competent authority by posting at the registration authority's office and uploading on the official website of the state management agency, the registration authority (if applicable) or by other convenient means for the person requesting registration and suitable for the conditions of the registration authority;

b) Time taken by the registration authority to implement the procedure prescribed in Clause 2 of Article 35 of this Decree.

Article 17. Delivery of Registration Results

1. In cases of registration at the Transaction and Property Registration Center, the registration results shall be delivered in electronic form or paper form at the request of the person requesting registration. Issuing copies of registration results shall be carried out in accordance with Article 22 of this Decree. Delivering registration results and copies of registration results in paper form as stipulated in this clause and Article 22 of this Decree can be done directly at the registration authority, through postal services, or by other agreed methods between the registration authority and the person requesting registration in compliance with the law.

2. In cases not covered by Clause 1 of this Article, the registration authority shall deliver registration results in one of the following ways:

a) Directly at the registration authority. If the file is submitted through the Single Window Unit or People's Committee at the commune level, then the Single Window Unit or People's Committee at the commune level shall deliver the result to the person requesting registration;

b) Through postal services;

c) Electronically, if provided for by law; or by other agreed methods between the registration authority and the person requesting registration in compliance with the law.

3. Where the registration file contains original or original certificates, the registration authority shall return these certificates to the person requesting registration together with the registration results.

4. Where the registration results are delivered in electronic form, the electronic results have the same legal effect as paper results.

Article 18. Cases for registering changes

1. The person requesting registration shall submit the application for change registration when there is one of the following grounds:

a) Changing the guarantor or the beneficiary of the guarantee due to reduction, supplementation, replacement, succession by reorganization of a legal entity, inheritance according to the Civil Code, or establishment of rights according to other laws, except where laws on the operation of Asset Management Companies of Credit Institutions of Vietnam or other subjects stipulate that there is no need to register changes to the beneficiary of the guarantee; changing the name or surname of the guarantor; changing the name or surname of the beneficiary of the guarantee;

b) Supplementing the registration of collateral agreed upon in the guarantee contract but not included in the previously registered content;

c) Supplementing new collateral or collateral being replaced which becomes collateral according to the amended and supplemented guarantee contract agreement or according to the law, and not included in the previously registered content;

d) Reducing the collateral;

đ) Collateral is future property that has been formed and is eligible for ownership certificate issuance according to the law;

e) Correcting erroneous information in the content declared on the Registration Request Form due to errors by the person requesting registration;

g) Supplementing guaranteed obligations in cases where the initial guarantee contract does not include provisions for future obligations;

h) Other cases at the request of the person requesting registration to change the declared information on the Registration Request Form.

2. In cases of changing the guarantor or the beneficiary of the guarantee as stipulated in point a, Clause 1 of this Article due to transfer of debt collection rights, receivables, other payment claims, or transfer of civil obligations (hereinafter referred to as transfer of debt collection rights, transfer of obligations), the notarization or certification of the transfer agreement shall be conducted by mutual agreement between the transferring party and the receiving party.

3. In cases of changing the beneficiary of the guarantee as stipulated in point a, Clause 1 and Clause 2 of this Article involving multiple security measures already registered with the same beneficiary, the person requesting registration shall submit one set of change registration application and one List of Declared Documents according to Model 01d or Model 02d in the corresponding Appendix for the registered security measure being changed. In cases of changing the guarantor or the beneficiary of the guarantee due to partial transfer of debt collection rights or partial transfer of obligations, the person requesting registration shall register the change within the scope of the transferred debt collection rights or obligations.

4. In cases stipulated in points b, c, and g, Clause 1 of this Article, if the person requesting registration requests to register a new security measure instead of a change registration, the registration authority shall process the registration according to the request.

5. The registration authority and other competent authorities shall not require registration changes or cancellation of registrations for contents already registered that do not fall within the scope of change registration grounds stipulated in Clause 1 of this Article or do not fall within the scope of the transferred debt collection rights or obligations stipulated in Clause 3 of this Article.

Article 19. Correction of Information with Errors in Registered Content

In cases where information in the registered content does not match the information declared on the Registration Request Form due to errors by the registration authority, such authority shall immediately correct the information upon discovering any errors to align with the Registration Request Form, and simultaneously notify the correction in writing using Model No. 07a, Model No. 07d, Model No. 10b, or Model No. 10c attached as an appendix to the person requesting registration. The result of the correction shall not alter or terminate the validity of the registration. If the correction of information with errors in the registered content is due to the error of the person requesting registration, then the correction of this information shall be carried out according to the procedures for changing registration stipulated in this Decree.

Article 20. Cancellation of Registration

1. A person requesting registration shall submit a cancellation application when they fall under any of the following circumstances:

a) By agreement between the guarantor and the creditor;

b) All obligations secured have been terminated;

c) All or part of the content of the guarantee contract has been annulled, and the annulled content includes a security measure that has been registered;

d) The registered security measure has been replaced by another security measure by agreement between the guarantor and the creditor;

đ) The collateral asset no longer exists due to being contributed to a commercial or non-commercial business entity; being replaced, transferred, assigned, merged, consolidated, or absorbed; being processed through assembly, manufacturing, or other forms; being confiscated, destroyed, lost entirely, demolished, seized, or falling under other cases as prescribed by the Civil Code or other relevant laws. If the collateral asset no longer falls under the provisions of this point but new assets arise or replace it and these new assets are used to secure the performance of obligations as agreed in the guarantee contract or as prescribed by law, then cancellation of registration shall not be performed, but rather a change registration shall be conducted according to the provisions of points b, c, d, and đ of Clause 1, Article 18 of this Decree;

e) The collateral asset has been fully disposed of by the creditor in accordance with the law on securing the performance of obligations or by the civil enforcement agency in accordance with the law on civil enforcement;

g) The asset attached to annually-rented land, which is currently collateral, is reclaimed by the State without compensation for the attached asset. In cases where new assets arise or replace the asset mentioned in this point and are exchanged due to State compensation for the attached asset, registration shall be conducted according to the provisions of point đ of this clause;

h) The collateral asset, which is an aircraft, is no longer registered with Vietnamese nationality;

i) The collateral asset, which is an annual crop or temporary construction that has been demolished, does not include the proceeds from harvesting the annual crop or other assets obtained from demolishing the temporary construction in the registered content;

k) The creditor who holds the mortgage right over land use rights and assets attached to land of individuals or households is a non-banking economic organization that becomes a foreign-invested enterprise or a Vietnamese citizen who becomes a foreign citizen and does not transfer the mortgage right to another qualified organization or individual as prescribed by the laws of the Socialist Republic of Vietnam, except as otherwise provided by the Land Law, Housing Law, or other relevant laws;

l) The creditor, which is a legal entity, is dissolved as prescribed by law;

m) A final court judgment or decision requires the registration authority to cancel the registration;

n) The registration of a mortgage right arising from a real estate purchase contract or from a contract for purchasing other assets attached to land has been transferred to the registration of a mortgage right over real estate or a mortgage right over other assets attached to land as stipulated in point b, Clause 1, point b, Clause 2, and Clause 5, Article 26 of this Decree.

2. In cases where cancellation of registration is required as stipulated in point m, Clause 1 of this Article and there is no person requesting cancellation, based on the content of the court judgment or decision, the registration authority shall record and update the cancellation content in the Register or database on the same working day upon receipt of the document. Within the latest one working day from the date of cancellation, the registration authority shall notify in writing about the cancellation using Model No. 07a, Model No. 07d, Model No. 10b, or Model No. 10c attached as an appendix to the court issuing the judgment or decision, the guarantor, the creditor, and any other person holding the Certificate (if any). The notification must clearly state the basis for cancellation and the time when the registration's validity terminates. In cases of cancellation at the Land Registration Office, the notification must require the holder of the Certificate to return it so that the Land Registration Office can record the cancellation content on the Certificate. If the Certificate is not returned, the cancellation remains legally effective from the time the Land Registration Office records and updates the cancelled content in the Register. In cases where cancellation is requested by the person requesting cancellation as stipulated in point m, Clause 1 of this Article, the final court judgment or decision is a required document in the registration file (one original or one certified copy).

3. In cases where cancellation of registration is required as stipulated in point n, Clause 1 of this Article, the Registration Center shall proactively cancel the registration of the mortgage right arising from a real estate purchase contract or the registration of the mortgage right arising from a contract for purchasing other assets attached to land upon receipt of the documents and materials specified in point c, Clause 5, Article 35 of this Decree on the same working day. In cases where the registration is as stipulated in point a, Clause 2, Article 6 of this Decree, the Registration Center shall proactively cancel the registration of the uncentralized securities-based security measure upon receipt of the results of registering the centralized securities-based security measure.

4. In the case where a security measure has been registered and the secured asset is used to secure another obligation, when registering for the new obligation, the registration authority shall not require the cancellation of the registration of the previously registered security measure.

5. In the case of canceling registrations related to multiple security measures that have been registered and involve the same secured party, the person requesting the registration shall submit one set of cancellation registration documents along with one List of Documents Declared according to Form No. 01d or Form No. 02d in the Appendix corresponding to the security measures being canceled.

Article 21. Cancellation of Registration

1. The cancellation of registration shall be carried out in the following cases:

a) A security measure has been registered and the registration authority receives a judgment or decision of the Court with legal effect that decides the registration must be canceled entirely or partially;

b) A security measure has been registered and the registration authority discovers it falls under the refusal to register circumstances specified in point a or point h of Clause 1 of Article 15 of this Decree. In the case specified in point h of Clause 1 of Article 15 of this Decree, the registration authority shall carry out the cancellation of the entire content that has been registered;

c) Duplicate registration handling as provided for in Article 49 of this Decree.

2. On the same working day as the basis specified in Clause 1 of this Article, the registration authority shall perform:

a) Recording and updating the cancellation registration content in the Register Book or in the Database;

b) Notifying in writing about the cancellation registration according to Form No. 07a, Form No. 07d, Form No. 10b, or Form No. 10c in the Appendix to the Court specified in point a of Clause 1 of this Article and to the guarantor, secured party, and other parties holding the Certificate (if any). The notification document must clearly state the grounds for cancellation of registration and the non-recognition of the registration result on the registration certificate issued (if any) or on the Registration Request Form with certification from the registration authority. In the case of cancellation of registration at the Land Registration Office, the notification document must include the requirement for the holder of the Certificate to return it so that the Land Registration Office can record on the Certificate the content of the registration that has been canceled. If the Certificate is not returned, the cancellation of registration remains effective.

3. In the case where the registration has been canceled according to the provisions of Clause 2 of this Article and the registration authority receives a judgment or decision with legal effect of the Court or another competent authority regarding the restoration of the canceled registration result, the registration authority shall record and update the registration content in the Register Book or in the Database. In the case of restoring a canceled registration at the Land Registration Office, the authority shall notify in writing to the holder of the Certificate to return it so that the Land Registration Office can record on the Certificate the restored registration result. If the Certificate is not returned, the restoration of the canceled registration remains effective. In the case of carrying out the cancellation of registration according to the provisions of Clause 2 of this Article and the content canceled has not yet been recorded on the Certificate, after the canceled registration is restored, the Land Registration Office shall notify in writing to the holder of the Certificate about the registration result recorded on the Certificate remaining unchanged or not terminated.

4. In the case where the secured asset is an aircraft and there is a basis specified in point a of Clause 1 of this Article, the cancellation shall be carried out according to the provisions of the Civil Aviation Law of Vietnam.

Article 22. Issuing Copies of Registration Certification Documents

1. The person requesting registration as stipulated in Clauses 1, 2, 3, 4, or 5 of Article 8 of this Decree has the right to request the registration authority that issued the registration certification document to issue a copy of such document according to Model No. 08d, Model No. 11b, or Model No. 11c in the Appendix.

2. The request for issuing copies of registration certification documents shall be carried out in accordance with the procedures prescribed in Article 13 of this Decree.

3. The time limit for issuing copies of registration certification documents shall apply the provisions of Clause 1 and Clause 3 of Article 16 of this Decree; the delivery of copies shall be carried out in accordance with the procedures prescribed in Article 17 of this Decree. An electronic copy of the registration certification document has the same legal effect as a paper copy and has the same legal effect as the original.

4. In cases where the person requesting registration requests the Transaction Registration Center to send a copy of the registration certification document along with a Notice on mortgage registration or change registration or cancellation registration for motor vehicles, inland waterway vessels, railway transportation means, fishing boats, other movable assets to the authority responsible for ownership registration, usage registration, or asset circulation registration, the Transaction Registration Center shall be responsible for sending these documents to the relevant authorities. The document prescribed in this clause may be issued in paper form or electronic form at the request of the party. In case of electronic form, it shall be connected and shared in accordance with the provisions of Clause 4 of Article 53 and Clause 1 of Article 58 of this Decree. Notices on mortgage registration or change registration or cancellation registration shall be carried out according to Model No. 12d in the Appendix.

Article 23. Issuing Online Registration Accounts

1. Organizations and individuals implementing online registration shall be granted an online registration account (hereinafter referred to as the account) by the competent authority prescribed in Clause 3 of this Article. One account can only be issued to one organization or individual, which may be a regular-use account or a one-time-use account for registration as required by the organization or individual. The organization or individual granted an account shall bear legal responsibility for the accuracy and legality of the information declared to obtain the account and shall be responsible for its use.

2. Organizations and individuals may request issuance of an account through the online registration interface or submit a request letter according to Model No. 01e in the Appendix to the competent authority prescribed in Clause 3 of this Article.

3. The National Registry of Security Interests under the Ministry of Justice has the authority to issue accounts for registrations prescribed in Article 44 of this Decree. The competent authority to issue accounts for registrations prescribed in Articles 25, 38, and 41 of this Decree or for security measures using land use rights or assets attached to land areas regulated by laws on land, aviation, maritime navigation, or laws on marine resource exploitation and utilization shall implement such issuance in accordance with the relevant laws.

Article 24. Procedures for Online Registration

1. The person requesting registration uses the account to log into the online registration system, declare information, and verify the registration dossier according to the procedure on the online registration interface. If the law requires the registration dossier to be accompanied by an electronic document, the person requesting registration shall attach this document, except in cases prescribed in Clause 5 of Article 46 of this Decree. The person requesting registration shall pay the registration fee according to the procedure on the online registration interface or through payment methods prescribed by laws on fees and charges and related laws. An online registration dossier has the same legal effect as a paper registration dossier. The time limit for processing online registration dossiers and delivering registration results shall apply the provisions of Clause 1 and Clause 3 of Article 16 of this Decree.

2. In cases where the guarantor or the secured party conducts online registration through the account of a representative, the representative must declare the account number of the represented party. Information about the security measure registered must be updated in the account of the represented party, not in the account of the representative.

3. In cases where there are grounds to refuse registration as prescribed in Clause 1 of Article 15 of this Decree, the registration authority shall reject the registration through the online registration interface or send a written notice to the person requesting registration.

4. In cases where laws on land, marine resource exploitation and utilization, aviation, or maritime navigation prescribe different procedures for online registration as prescribed in Clause 1 and Clause 2 of this Article, such procedures shall be implemented in accordance with those laws.

Section 2

PROCEDURES FOR REGISTRATION OF SECURITY MEASURES USING LAND USE RIGHTS AND ASSETS ATTACHED TO LAND

Article 25. Cases for registration within the authority of the Land Registration Office

1. Cases requiring registration:

a) Mortgage of land use rights;

b) Mortgage of houses and other immovable property attached to land where such property has been certified with ownership on the Certificate of Ownership;

c) Mortgage of projects for construction of residential houses, projects for construction of non-residential works, agricultural investment projects, forest development projects, and other investment projects using land together with land use rights granted by the State with payment for land use or leased under a lump-sum payment for the entire lease period;

d) Registration of changes or cancellation of registration for cases specified in points a, b, and c of this Clause.

2. Cases for registration upon request:

a) Mortgage of future residential houses and future other immovable property attached to land;

b) Mortgage of immovable property attached to land that has been formed but is not a house and is not required by law to be registered for ownership and has not yet been registered for ownership upon request, except for cases stipulated in Clause 9 of this Article;

c) Transfer of mortgage registration of assets arising from contracts for sale of houses or contracts for sale of other immovable property attached to land to mortgage registration for houses and mortgage registration for other immovable property attached to land;

d) Registration of notification for disposal of collateral assets being land use rights and immovable property attached to land;

đ) Registration of changes or cancellation of registration for cases specified in points a, b, and d of this Clause.

3. Future residential houses and future other immovable property attached to land as provided in this Article include:

a) Residential houses and construction works in housing investment projects, individual residential houses as prescribed by the Law on Housing; construction works that are not residential houses as prescribed by laws on construction, real estate business, and related laws which are currently under investment and construction and have not been accepted for use;

b) Production forests are planted trees or perennial crops that have not been formed or have been formed but the mortgagor establishes ownership after the date of establishing the mortgage contract.

4. Registration of reservation of ownership of houses and other immovable property attached to land or registration of pledge of immovable property attached to land shall be carried out in accordance with the provisions of the Land Law.

5. In cases where the investor mortgages only immovable property attached to land belonging to the investment project without including land use rights or mortgages immovable property attached to land belonging to the investment project where the investor is not simultaneously the land user or mortgages immovable property attached to land belonging to the investment project implemented on land leased annually, the provisions on registration of immovable property attached to land in this Decree shall apply.

6. Registration may be applied simultaneously in the same registration file for one, some, or all types of assets specified in Clauses 1 and 2 of this Article, and only one Application Form for Registration is required in the same registration file. If one or some assets in this registration file have separate Certificates of Ownership, the registration procedures shall be carried out on the specific Certificate of Ownership of each asset.

7. In cases where organizations or individuals register mortgage of future residential houses and other immovable property attached to land owned by themselves, which were previously part of investment projects mortgaged and registered by the investor, the Land Registration Office will only carry out registration if the investor falls under the circumstances stipulated in Clause 6 of Article 36 of this Decree.

8. In cases where information on the Certificate of Ownership does not match the information retained at the registration office, but the person requesting registration declares the description of the collateral asset consistent with the information on the Certificate of Ownership, the Land Registration Office will carry out registration according to the declaration on the Application Form for Registration, except where otherwise provided by the Land Law, the Law on Housing, or other relevant laws.

9. In cases where the immovable property attached to land as provided in this Article is annual crops as prescribed by the Law on Cultivation or temporary works as prescribed by the Construction Law, the registration shall be carried out in accordance with the provisions of Section 4 of this Chapter.

Article 26. Transfer of Mortgage Registration of Property Rights Arising from House Sale Contracts or Other Assets Attached to Land

1. In cases where mortgage registration of property rights arising from house sale contracts has been made at the Transaction and Asset Registration Center and there is a request to transfer such mortgage to a mortgage on future-formed houses or to a mortgage on houses that have already been issued with Ownership Certificates, provided that the guarantor remains the same, the party requesting registration may choose to implement:

a) Cancel the mortgage registration of property rights arising from house sale contracts at the Transaction and Asset Registration Center and register a mortgage on future-formed houses or register a mortgage on houses that have already been issued with Ownership Certificates;

b) Transfer the mortgage registration of property rights arising from house sale contracts to a mortgage on future-formed houses or a mortgage on houses that have already been issued with Ownership Certificates.

2. In cases where mortgage registration of property rights arising from individual house sale contracts as stipulated by the Housing Law has been made and subsequently the mortgagor has been issued with an Ownership Certificate, and the mortgagor and the mortgagee agree to continue the mortgage on the house while supplementing the mortgage on land use rights, they may choose to implement:

a) Cancel the mortgage registration of property rights arising from house sale contracts and register a mortgage on land use rights and houses;

b) Transfer the registration as prescribed in point b, Clause 1, Article 26 of this Decree and register a mortgage on land use rights.

3. In cases where there is a request to transfer the registration as prescribed in point b, Clause 1 and point b, Clause 2 of this Article, the mortgage registration transfer dossier shall include:

a) Request form according to Model No. 05a in Appendix (one original copy);

b) Certificate of mortgage registration of property rights arising from house sale contracts (one original copy);

c) Mortgage contract of property rights arising from house sale contracts (one original copy or one certified copy);

d) Mortgage contract of future-formed houses (one original copy or one certified copy with authentication) for transferring to a mortgage on future-formed houses, except when the mortgage contract of property rights arising from house sale contracts already includes provisions on transferring to a mortgage on future-formed houses. Mortgage contract of houses (one original copy or one certified copy with authentication) for transferring to a mortgage on houses that have already been issued with Ownership Certificates, except as provided for in Clause 4 of this Article;

đ) Ownership Certificate (original) in cases of transferring to registration of mortgage on houses that have already been issued with Ownership Certificates.

4. In cases where transferring to registration of mortgage on houses that have already been issued with Ownership Certificates, if the mortgage contract of property rights arising from house sale contracts already includes provisions on transferring registration to a mortgage on houses in cases where these houses have already been issued with Ownership Certificates and this contract has been notarized or authenticated, then the party requesting registration does not need to submit the mortgage contract of houses, the registration request shall be implemented according to the provisions of point a and point l, Clause 1, Article 12 of this Decree. If the houses have not yet been issued with Ownership Certificates, the party requesting registration may simultaneously submit the dossier for registration of changes in assets attached to land and the dossier for transferring mortgage registration of houses or carry out the registration of changes in assets attached to land before transferring mortgage registration of houses. If the dossier for transferring mortgage registration of houses is submitted simultaneously with the dossier for registration of changes in assets attached to land, the registration authority shall implement according to the provisions of Clause 2, Article 35 of this Decree.

5. In cases where mortgage registration of property rights arising from contracts selling assets attached to land other than houses and there is a request to transfer to registration of mortgage on assets attached to land other than houses, the provisions of Clauses 1, 2, 3, and 4 of this Article shall apply. In cases where transferring registration of mortgage on assets attached to land other than houses that have already been formed and the law does not require registration of ownership rights and have not yet been registered for ownership rights upon request, the provisions for transferring registration of mortgage on future-formed houses shall apply.

6. In cases where transferring registration as prescribed in point b, Clause 1, point b, Clause 2, and Clause 5 of this Article, the competent authorities and organizations shall not require cancellation of mortgage registration of property rights arising from house sale contracts or property rights arising from contracts selling other assets attached to land when performing the notarization or authentication procedures for mortgage contracts of houses or mortgage contracts of other assets attached to land and during the process of transferring mortgage registration.

Article 27. Documents for registration of land use rights and real estate attached to land that have been certified as ownership.

1. Application form according to Model No. 01a in Appendix (one original copy).

2. Guarantee contract or notarized/government-certified guarantee contract, as prescribed by the Land Law, Housing Law, or other relevant laws (one original copy or one certified true copy).

3. Certificate (original), except in cases stipulated in Clause 2, Article 35 of this Decree.

Article 28. Documents for registration of investment projects for housing construction, non-residential construction projects, agricultural investment projects, forest development projects, and other projects using land.

1. Documents for registration of investment projects for housing construction and non-residential construction projects include:

a) Documents specified in Clauses 1 and 2 of Article 27 of this Decree;

b) Certificate (original) or Decision on land allocation or land lease issued by the competent authority to the investor in case the security asset is a housing construction project without a Certificate for land use rights (one original copy); Certificate (original) in case the security asset is a non-residential construction project;

c) Construction permit, except in cases exempted from obtaining such permits under the Construction Law (one original copy or one certified true copy);

d) Decision approving the project or investment decision or Investment Permit or Investment Registration Certificate or document approving the implementation of the investment project issued by the competent state agency in accordance with the law on investment (one original copy or one certified true copy);

đ) One type of design drawing as prescribed by the construction law showing the layout of the project's construction works approved by the competent authority (one original copy or one certified true copy).

2. Documents for registration of agricultural investment projects, forest development projects, and other projects using land not covered by Clause 1 of this Article include:

a) Documents specified in Clauses 1 and 2 of Article 27 of this Decree and point d of Clause 1 of this Article;

b) Certificate (original).

Article 29. Documents for registration of future-formed houses, non-residential constructions, and other assets attached to land within housing construction investment projects; future-formed constructions and other assets attached to land within non-residential construction investment projects, agricultural investment projects, forest development projects, and other projects using land.

1. In cases where the guarantor is both the investor and the land user, the registration documents include:

a) Documents specified in points a and b of Clause 1 of Article 28 of this Decree;

b) Construction permit (one original copy or one certified true copy) for future-formed houses and constructions, except in cases exempted from obtaining such permits under the Construction Law; one type of design drawing as prescribed by the construction law showing the layout of the construction project approved by the competent authority (one original copy or one certified true copy).

2. In cases where the guarantor is the investor but not the land user, the registration documents include:

a) Documents specified in points a and d of Clause 1 of Article 28 of this Decree and point b of Clause 1 of this Article;

b) Notarized/agovernment-certified agreement between the land user and the investor regarding the land user's consent to the project implementation (one original copy or one certified true copy).

3. In cases where the guarantor is an organization or individual legally transferring ownership of future-formed assets or the transferee of the house purchase contract, construction project, or other assets attached to land, the registration documents include:

a) Documents specified in Clauses 1 and 2 of Article 27 of this Decree;

b) Contract or document containing the legal transfer of ownership of houses, constructions, or other assets attached to land signed between the guarantor and the investor; contract or document transferring the house purchase contract, construction project, or other assets attached to land in cases where the guarantor is the transferee (one original copy or one certified true copy).

Article 30. Documents for registration of future residential properties and other assets attached to land that are not part of housing development projects, construction projects that are not residential, agricultural investment projects, forest development projects, or other projects using land.

Clause 1. In cases where the guarantor is simultaneously the land user, the registration documents shall include:

a) Documents specified in Clauses 1 and 2 of Article 27 of this Decree;

Point b) Certificate of land use right (original);

Point c) Construction permit (one original or one certified copy) for the case of mortgaging future residential property or future construction project, except in cases exempted from obtaining such permits under the Construction Law.

Clause 2. In cases where the guarantor is not simultaneously the land user, the registration documents shall include:

Point a) Documents specified in Clause 1 and Clause 2 of Article 27 of this Decree and at Point c of Clause 1 of this Article;

Point b) Notarized or authenticated agreement between the land user and the owner of the attached asset regarding the land user's consent to construct or establish residential property or other attached assets (one original or one certified copy).

Article 31. Documents for registration of existing assets attached to land that are not residential properties and are not required by law to be registered for ownership rights and have not yet been registered for such rights.

Clause 1. Documents specified in Clause 1 and Clause 2 of Article 27 of this Decree.

Clause 2. Certificate of land use right (original) or notarized or authenticated agreement between the land user and the owner of the attached asset regarding the land user's consent to construct or establish attached assets in cases where the guarantor is not the land user (one original or one certified copy).

Clause 3. Construction permit (one original or one certified copy) in cases where the secured asset is a construction project, except in cases exempted from obtaining such permits under the Construction Law.

Article 32. Documents for changing registration of land use rights and assets attached to land.

Clause 1. Request form according to Model 02a in the Appendix (one original).

Clause 2. One of the following types of documents (one original or one certified copy):

Point a) Amended and supplemented guarantee contract document in cases of change registration based on agreements in these documents;

Point b) Document transferring debt collection rights or obligations in cases of change registration due to transfer of debt collection rights or obligations;

Point c) Other documents proving the basis for changing registration in cases not covered by Points a and b of this Clause.

Clause 3. Certificate (original) in cases where the secured asset has a Certificate.

Clause 4. In cases of change registration as stipulated in Point b of Clause 1 of Article 18 of this Decree, in addition to the documents specified in Clause 1 of this Article, the registration documents shall also include the Certificate of land use right or Certificate of ownership of residential property, construction projects, or other attached assets if such assets have already been issued Certificates.

Article 33. Documents for cancellation of registration of land use rights and assets attached to land.

Clause 1. Request form according to Model 03a in the Appendix (one original).

Clause 2. Certificate (original) in cases where the secured asset has a Certificate.

Clause 3. In cases where the person requesting cancellation of registration is not the creditor and the Request form does not contain the signature or seal (if applicable) of the creditor, in addition to the documents and materials specified in Clauses 1 and 2 of this Article, the following additional documents and materials (one original or one certified copy) shall be submitted:

Point a) Document containing content showing the creditor's agreement to cancel registration or confirming that the guarantee contract has ended, been settled, or confirmed about the release of collateral in cases where the person requesting cancellation of registration is the guarantor;

Point b) Contract or other legally effective document proving the lawful transfer of the secured asset in cases where the person requesting cancellation of registration is the lawful transferee of the secured asset, except in cases stipulated in Point c of this Clause;

Point c) Legally effective auction sale contract or document confirming the execution of judgment in cases where the person requesting cancellation of registration is the civil enforcement agency, Enforcement Officer, or the buyer of the secured asset in the disposal of assets under the Civil Enforcement Law;

Point d) Document of the competent authority containing content about the economic organization being a foreign-invested enterprise or a Vietnamese citizen becoming a foreign citizen in cases of cancellation of registration as stipulated in Point k of Clause 1 of Article 20 of this Decree;

Point đ) Document confirming by the competent authority about the dissolution of the legal entity in cases of cancellation of registration as stipulated in Point l of Clause 1 of Article 20 of this Decree.

Article 34. Documents for registering notification of secured asset disposal

1. Request form according to Model No. 04a in Appendix (one original copy).

2. Notification document on secured asset disposal (one original copy).

3. In case of registering changes or cancellation of registration of notification of secured asset disposal, the registration documents shall be the Request Form according to Model No. 04a in Appendix (one original copy).

Article 35. Procedures for handling registration documents concerning land use rights, assets attached to land, and continuation of registration of mortgage arising from house purchase contracts or other assets purchase contracts attached to land

1. After receiving the registration documents, if there is no basis to refuse registration as stipulated in Clause 1, Article 15 of this Decree, the Land Registration Office shall record and update the registration content in accordance with the order of receipt into the Register Book and Certificate of Registration. After recording in the Register Book and Certificate of Registration, the content of the registration and the registration time (hour, minute, day, month, year) shall be certified on the Request Form for Registration. The Mortgage Register for future attached assets shall be established according to Model No. 08a in the Appendix.

2. If submitting registration documents for security measures together with land change registration documents, attached assets, or ownership certificates of attached assets as stipulated in Clause 1, Clause 7, Article 36 and Clause 3, Article 37 of this Decree, the Land Registration Office shall accept both sets of documents; carry out land and attached asset registration procedures in accordance with laws on land, then proceed with security measure registration procedures as prescribed in this Decree.

3. In case of changing registration due to houses or other attached assets being future assets that have now been formed as stipulated in Point d, Clause 1, Article 18 of this Decree, the guarantor shall submit the changed registration documents simultaneously with the application for ownership certificate of the asset. In this case, the Land Registration Office shall accept both sets of documents; after completing the ownership certification procedure, the Land Registration Office shall record and update the Register Book and Certificate of Registration regarding the content that the attached asset has been certified for ownership and continues to be used as collateral.

4. In case of changing registration due to reduction of collateral assets, the Land Registration Office shall record and update the content of cancellation of registration for the reduced collateral assets in the Register Book and Certificate of Registration.

5. In case of continuing registration as stipulated in Point b, Clause 1, Point b, Clause 2, and Clause 5, Article 26 of this Decree, the Land Registration Office shall act as follows:

a) In case of transferring to registration of mortgage on future houses or transferring to registration of mortgage on other future attached assets, the Land Registration Office shall record and update the transferred registration content in the Mortgage Register for future attached assets. The registration date shall be recorded according to the mortgage registration date shown on the certificate of mortgage registration arising from the house purchase contract or other attached asset purchase contract.

b) In case of transferring to registration of mortgage on houses already issued with Certificates of Registration or transferring to registration of mortgage on other attached assets already issued with Certificates of Registration, the Land Registration Office shall record and update the transferred registration content in the Register Book and Certificate of Registration. The registration date shall be recorded according to the mortgage registration date shown on the certificate of mortgage registration arising from the house purchase contract or other attached asset purchase contract.

c) Send a copy of the Request Form for transferring mortgage registration showing the content stipulated in Point a or Point b of this clause and the documents stipulated in Point b, Clause 3, Article 26 of this Decree to the Transaction and Asset Registration Center to implement the cancellation of mortgage registration arising from the house purchase contract or the cancellation of mortgage registration arising from the other attached asset purchase contract.

Article 36. Changing information about the guarantor, changing the collateral property which is land use rights and assets attached to the land

1. The person requesting registration may submit the registration dossier for security measures together with the registration dossier for changes in land status and assets attached to the land, or carry out the registration for changes in land status and assets attached to the land before registering the security measures in cases where there are the following changes in information:

a) Changes in the map sheet number, plot number, plot address that are inconsistent with the information on the Certificate of Land Use Right due to administrative unit reorganization, consolidation and redistribution of land plots, remeasurement to determine the shape, size, and area of the plot;

b) Changes in the current status of the type of house (or construction project), building name (or construction project name), number of floors, or other asset information attached to the land leading to inconsistency with the information on the Certificate of Land Use Right;

c) Changes in information about the guarantor's name or surname, including changes due to a competent authority's document;

2. In cases where the Registration Request Form does not declare information about the shape, size, or area of the plot, house, construction project, or other assets attached to the land, but such information has changed on the Certificate of Land Use Right, the person requesting registration is not required to register the change.

3. In cases where there are changes in information as stipulated in point b, Clause 1 of this Article, and the person requesting registration does not implement the registration of changes in assets according to the laws on land, the Land Registration Office shall register the security measures based on the collateral asset information on the Certificate of Land Use Right issued and shall not be responsible for registering security measures for collateral assets that are inconsistent with the changed status; the guarantor and the secured party shall be responsible for registering security measures for assets that have changed but did not implement the registration of changes according to the laws on land.

4. The Land Registration Office does not require the implementation of change registration or cancellation of registration, but only confirms the change on the Certificate of Land Use Right or issues a new Certificate of Land Use Right according to the laws on land in cases where there are changes in guarantor information, except for changes in name or surname; changes in collateral asset information being the plot, house, construction project, or other assets attached to the land compared to the information on the Certificate of Land Use Right due to consolidation and redistribution, remeasurement to determine the area and size, division, merger, or annexation without changing the user's right or ownership of the guarantor over the asset. In cases where the Certificate of Land Use Right is replaced or transferred to a new Certificate of Land Use Right, the Land Registration Office shall record the security measure registration content in the newly issued Certificate of Land Use Right. In cases where the collateral asset is a future-formed house, construction project, or other asset attached to the land that has been formed and has a Certificate of Land Use Right and requests change registration, the Land Registration Office shall record the registration content in the Certificate of Land Use Right issued for the asset.

5. In cases where there are changes in the guarantor or changes in the name or surname of the land user, owner of the house, owner of the construction project, or owner of other assets attached to the land, including changes due to a competent authority's document, and there is a request to change this information, the Land Registration Office does not require cancellation of registration before implementing the change registration.

6. In cases where the project investor has mortgaged and registered mortgage for housing development projects or future-formed housing, construction projects that are not houses, agricultural investment projects, forest development projects, or other projects using land or construction projects under these projects, before signing a housing sale contract or construction project sale contract within the project, the project investor must release the mortgage for the sold asset and implement the procedure to change registration to reduce the mortgaged assets being houses, construction projects, except in cases where the mortgagee and the buyer agree to continue using the asset as collateral to fulfill obligations, then the change registration of the guarantor shall be implemented according to point a, Clause 1 of Article 18 of this Decree.

7. In cases where the land user or a third party establishes a construction project or other assets attached to the land that are not included in the collateral assets according to the guarantee contract agreement and wishes to supplement these assets as collateral to fulfill obligations, they must first complete the ownership certification procedures before submitting the change registration dossier to supplement the collateral assets if such assets fall under the category requiring ownership registration, except in cases of collateral by future-formed assets. The person requesting registration may submit the ownership certification dossier for assets attached to the land and the change registration dossier simultaneously.

8. Implementing change registration to withdraw seized, demolished, destroyed, or confiscated assets and simultaneously supplementing collateral assets for land use rights, houses, construction projects, or other assets attached to the land that are replaced, exchanged, or newly established in the following cases:

a) New land use rights, new houses, new construction projects, or other new assets attached to the land are provided to the guarantor as replacement assets according to the law;

b) New assets are established to replace collateral assets being houses, construction projects, or other assets attached to the land that were demolished or destroyed according to the agreement between the guarantor and the secured party;

c) New assets are established due to houses, construction projects, or other assets attached to the land being demolished or destroyed by the guarantor and the guarantee contract includes an agreement on new assets to be used as collateral to fulfill obligations.

9. In cases where the land user, owner of a house, owner of a construction project, or owner of other assets attached to the land requests registration of changes in land status due to re-measurement to determine the area, extension of the land use period before the expiration of the land use period, change of purpose of land use, or other cases as prescribed by laws on land, the Land Registration Office shall not require cancellation of the registered security measures before proceeding with the procedures for registering changes in land status.

10. In cases where the person requesting registration simultaneously submits the application dossier for registering changes in land status and the application dossier for registering security measures as stipulated in Clause 1 of this Article, or simultaneously submits the application dossier for certifying ownership rights of assets attached to the land and the application dossier for changing registration as stipulated in Clause 7 of this Article, such procedures shall be carried out according to the provisions of Clause 2 of Article 35 of this Decree.

Article 37. Handling registration in cases where information about the collateral asset in the guarantee contract includes assets other than land use rights and assets attached to the land; land use rights and assets attached to the land are common property of spouses, members of a household, or groups of land users, or belong to a private enterprise.

The Land Registration Office shall not refuse registration based on the grounds specified in point d, Clause 1 of this Decree and shall proceed with registration in the following cases:

1. Information about the collateral asset in the guarantee contract includes both land use rights and assets attached to the land as well as other assets, but the Request for Registration Form only declares information about land use rights and assets attached to the land.

2. Information about the collateral asset in the guarantee contract includes both land use rights and assets attached to the land, but the Request for Registration Form only declares land use rights or only declares assets attached to the land. In such cases, the Land Registration Office shall carry out registration for the declared asset on the Request for Registration Form.

3. Information about the collateral asset in the guarantee contract and the Request for Registration Form includes both land use rights and assets attached to the land, but the land use rights meet the conditions for use as collateral while the assets attached to the land must be registered for ownership according to the law but have not yet been certified for ownership. In such cases, the Land Registration Office shall carry out registration for the land use rights. The person requesting registration may submit the application dossier and request registration for the assets attached to the land according to the provisions of Clause 7 of Article 36 of this Decree. In cases where the land user is granted land lease by the State with annual payment of rent, but the assets attached to the land have already been certified for ownership or the assets attached to the land are future assets, assets attached to the land that the law does not require to be registered for ownership and have not yet been registered for ownership according to requirements, the Land Registration Office shall carry out registration of security measures for the assets attached to the land.

4. The collateral asset is land use rights and assets attached to the land which are common property of spouses, but the Certificate of Ownership only records the surname and name of either the husband or wife as the land user, owner of a house, or owner of other assets attached to the land, while the information about the guarantor in the guarantee contract includes both the husband and wife. In such cases, the person requesting registration shall declare information about the guarantor on the Request for Registration Form including both the husband and wife.

5. The collateral asset is land use rights and assets attached to the land which are common property of members of a household, but the Certificate of Ownership only records the Household Mr. and the surname and name of the head of the household or Household Mrs. and the surname and name of the head of the household, while the information about the guarantor in the guarantee contract, which has been notarized or authenticated, includes not only the surname and name of the head of the household or the legal representative of the head of the household but also the surname and name of other members of the household who share the land use rights and ownership of assets attached to the land of the household. In such cases, the person requesting registration shall declare information about the guarantor on the Request for Registration Form including both the head of the household and other members of the household recorded in the guarantee contract.

6. Collateral by land use rights and assets attached to the land where the Certificate of Ownership records the name of a private enterprise, but the information about the guarantor in the guarantee contract is the surname and name of the owner of the private enterprise or the surname and name of the owner of the private enterprise and his/her spouse. In such cases, the person requesting registration shall declare information about the guarantor on the Request for Registration Form according to the information recorded in the guarantee contract.

Section 3

PROCEDURE FOR REGISTERING SECURITY MEASURES BY AIRCRAFT AND VESSEL

Subsection 1

PROCEDURE FOR REGISTERING SECURITY MEASURES BY AIRCRAFT

Article 38. Cases for registration within the jurisdiction of the Civil Aviation Authority of Vietnam

1. Mortgage of aircraft, pledge of aircraft.

2. Retention of ownership of aircraft.

3. Registration of notice of asset disposal concerning aircraft as collateral.

4. Registration of changes, cancellation of registration for cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 39. Documents for registration of aircraft

1. The registration documents include:

a) Request form according to Model No. 01b in Appendix (one original copy);

b) Security agreement (one original copy or one certified copy).

2. Documents for registration of changes include:

a) Request form according to Model No. 02b in Appendix (one original copy);

b) Amended and supplemented security agreement document or document transferring the right to claim debt, transferring secured obligations by aircraft in case of change of guarantor, change of creditor, or other document proving the basis for change in case there is no amended and supplemented security agreement document (one original copy or one certified copy);

c) In case of registration of changes to supplement collateral assets agreed upon in the security agreement but not included in the previously registered content, the registration documents are the Request form according to Model No. 02b in Appendix (one original copy).

3. Documents for cancellation of registration include the Request form according to Model No. 03b in Appendix (one original copy) and additional submission of the following documents (one original copy or one certified copy):

a) Document containing content showing that the creditor agrees to cancel the registration or confirms the termination, settlement of the security agreement, or confirmation of release of collateral in case the person requesting cancellation of registration is the guarantor and on the Request form there is no signature, seal (if any) of the creditor;

b) Auction sale contract already effective or Confirmation document of enforcement result in case the person requesting cancellation of registration is the civil enforcement agency, Enforcement Officer, or buyer of the collateral asset in the execution of civil enforcement procedures;

c) Contract or other document not falling under point b of this clause already effective proving the lawful transfer of the collateral asset in case the person requesting cancellation of registration is the lawful transferee of the collateral asset;

d) Certificate of deregistration of aircraft nationality in case provided for in point h of Clause 1 of Article 20 of this Decree;

đ) Confirmation document of the competent authority regarding the dissolution of the legal entity in case provided for in point l of Clause 1 of Article 20 of this Decree.

4. Documents for registration of notice of asset disposal include:

a) Request form according to Model No. 04b in Appendix (one original copy);

b) Document notifying the disposal of the aircraft as collateral asset (one original copy);

c) In case of registration of changes, cancellation of registration of notice of asset disposal, the registration documents are the Request form according to Model No. 04b in Appendix (one original copy).

Article 40. Procedures for handling registration, registration of changes, and cancellation of registration for aircraft

1. After receiving the registration documents, if there is no basis for refusal of registration as prescribed in Clause 1 of Article 15 of this Decree, the Civil Aviation Authority of Vietnam will record and update the registration time (hour, minute, day, month, year) and the registered content, changed content, canceled content, and content belonging to the notice of asset disposal in the Aircraft Registration Book of Vietnam; issue the Registration Certificate according to Model No. 05b, Model No. 06b, Model No. 07b, or Model No. 08b in Appendix to the person requesting registration in accordance with the methods prescribed in Clauses 2, 3, and 4 of Article 17 of this Decree.

2. In case of registration of changes due to reduction of collateral assets, the Civil Aviation Authority of Vietnam will record and update the content of cancellation of registration for the reduced collateral assets in the Aircraft Registration Book of Vietnam.

Subsection 2

REGISTRATION PROCEDURES FOR GUARANTEE MEASURES BY SHIPS

Article 41. Cases for registration within the jurisdiction of the Vietnam Ship Registration Authority

1. Mortgage of ships.

2. Retention of ship ownership.

3. Registration of notice to deal with secured assets being ships.

4. Registration of changes, cancellation of registration for cases stipulated in Clauses 1, 2, and 3 of this Article.

5. In cases where service vessels, submarines, submersibles, floating storage units, mobile platforms are used as security for the performance of obligations and there is a request for registration of security measures for such property as prescribed by maritime laws, such cases shall be handled according to the regulations on ship registration under this Decree.

Article 42. Documents for ship registration

1. The registration documents include:

a) Application form according to Model No. 01c in Appendix (one original copy);

b) Security agreement (one original copy or one certified copy).

2. Documents for registration of changes include:

a) Application form according to Model No. 02c in Appendix (one original copy);

b) Amended and supplemented guarantee contract document or document transferring debt collection rights, transferring guaranteed obligations when the guarantor or the beneficiary of the guarantee changes, or other document proving the basis for change in cases where there is no amended and supplemented guarantee contract document (one original copy or one certified true copy);

c) In cases of registration for change to supplement registration for secured assets agreed upon in the guarantee contract but not included in the previously registered content, the registration documents are the Application form according to Model No. 02c in Appendix (one original copy).

3. The cancellation registration documents include the Application form according to Model No. 03c in Appendix (one original copy) and additional submission of the following documents (one original copy or one certified true copy):

a) Document containing content showing that the creditor agrees to cancel the registration or confirms the termination, settlement of the security agreement, or confirmation of release of collateral in case the person requesting cancellation of registration is the guarantor and on the Request form there is no signature, seal (if any) of the creditor;

b) Auction sale contract already effective or Confirmation document of enforcement result in case the person requesting cancellation of registration is the civil enforcement agency, Enforcement Officer, or buyer of the collateral asset in the execution of civil enforcement procedures;

c) Contract or other document not falling under point b clause of this article that has taken legal effect to prove the lawful transfer of secured assets in cases where the person requesting cancellation registration is the lawful transferee of the secured assets;

d) Confirmation document from the competent authority regarding the dissolution of the legal entity in cases of cancellation registration as stipulated in point l clause 1 Article 20 of this Decree.

4. Documents for registration of notice of asset disposal include:

a) Application form according to Model No. 04c in Appendix (one original copy);

b) Notice document on dealing with secured assets being ships (one original copy);

c) In cases of registration for change or cancellation of registration of notice to deal with secured assets, the registration documents are the Application form according to Model No. 04c in Appendix (one original copy).

Article 43. Procedures for handling registration, registration for change, and cancellation of registration for ships

1. After receiving the registration documents, if there is no ground for refusal to register as prescribed in clause 1 Article 15 of this Decree, the Vietnam Ship Registration Authority records and updates the registration time (hours, minutes, day, month, year) and the registered content, changed content, cancelled content, and content belonging to the notice to deal with secured assets in the National Ship Register of Vietnam; issues the Certificate of Registration according to Model No. 05c, Model No. 06c, Model No. 07c, or Model No. 08c in the Appendix to the person requesting registration according to the methods prescribed in clauses 2, 3, and 4 of Article 17 of this Decree.

2. In cases of registration for change due to reduction of secured assets, the Vietnam Ship Registration Authority records and updates the content of cancellation registration for the reduced secured assets in the National Ship Register of Vietnam.

Section 4

REGISTRATION PROCEDURES FOR SECURITY MEASURES WITH MOVABLE ASSETS, ANNUAL TREES, TEMPORARY CONSTRUCTIONS

Article 44. Cases for registration within the jurisdiction of the Transaction Registration Center

1. The cases for registration upon request or as prescribed by law include:

a) Pledging movable assets;

b) Retaining ownership of movable assets;

c) Pawning, depositing, pledging, or guaranteeing with movable assets according to agreement or at the request of the guarantor party;

d) Security measures by unlisted securities; dividends, property rights arising from securities, except where such dividends or property rights are listed securities;

đ) Security measures by immovable assets attached to land that are annual crops or temporary structures;

e) Registration of notices on the disposal of security assets as stipulated in points a, b, c, d, and đ of this clause;

g) Registration of changes or cancellation of registrations for cases as stipulated in points a, b, c, d, đ, and e of this clause.

2. In cases of registration for property rights, such rights shall not include land use rights, ownership of housing, other property rights attached to land; rights to maritime zones, property rights attached to maritime zones; ownership and other rights required to be registered under laws on civil aviation for aircraft, and under laws on maritime transport for ships; ownership of listed securities as prescribed by laws on securities.

3. The registration of pawning, depositing, pledging, or guaranteeing with movable assets as stipulated in point c of Clause 1 of this Article shall be carried out when the law on security interests or the security contract provides for it.

4. The provisions of this Article also apply to organizations and individuals with foreign nationality who have the capacity to act under civil law as prescribed by the Civil Code.

Article 45. Description of Security Assets on the Registration Request Form

1. The description of security assets must clearly define the scope of movable assets used for security. Where the asset falls under any of Clauses 2, 3, 4, 5, 6, 7, or 8 of this Article, the description of security assets must include additional information as prescribed in those clauses. The scope of movable assets used for security may be one, several, or all existing or future movable assets. If the description of security assets is unlimited, the registration will only be effective for assets not covered by Clause 2 of Article 44 of this Decree. The person requesting registration is responsible for the information provided in the description of security assets.

2. For security assets that are motor vehicles, the description must include the frame number of the vehicle. If the asset is a future asset without information about the frame number, it must be described as a future asset; if it is circulating goods in production or business or warehouse goods, it must be described according to the information prescribed in Clause 4 of this Article.

3. For security assets that are fishing vessels; inland waterway transportation means; railway transportation means or special-purpose means on roads, waterways, or railways, the description must include the name of the means, the name or full name of the owner of the means or the name or full name of the owner of the means, the registration number of the means (if available), the issuing authority recorded on the Certificate, brand (if available), and the type of means (if available).

4. For security assets that are circulating goods in production or business, warehouses that are not motor vehicles as prescribed in Clause 2 of this Article, the description must be declared according to the value of the goods or the name and type of goods; for warehouses, there must be additional information about the address, warehouse number (if available) or other signs of the warehouse location (if available). The declaration of information about warehouses does not include warehouses, other construction works, or storage areas used for storing goods. Security assets registered as circulating goods in production or business include the right to demand payment from the buyer, proceeds obtained, assets formed from proceeds, and assets replaced or exchanged in case the circulating goods are sold, replaced, or exchanged, unless the person requesting registration has other requirements.

5. For security assets that are temporary structures or annual crops, the description must reflect the type of asset as a temporary structure according to construction laws or as annual crops according to planting laws. If the person requesting registration has no other requirements, the security assets prescribed in this clause include the income or other assets obtained from harvesting annual crops or dismantling temporary structures.

6. For security assets that are movable assets being installed, placed, or located on land, houses, or construction works that are not houses, the description must reflect that the security asset is a movable asset, not an asset attached to land, houses, or construction works.

7. For security assets that are items with accessories, integrated items, or specific items, the description must reflect the characteristics as prescribed by the Civil Code to identify the item.

8. For security assets that are property rights or part of property rights, the description includes the name of the right and the basis for the creation of the property right. If the basis for the creation of the property right is a contract, the description of the contract includes the name of the contract, the contract number (if available), the effective date of the contract, and the parties involved in the contract. If the property right arises from another basis, the description of the basis for the creation of the right includes the name of the basis, the name of the entity issuing the basis, the number of the basis (if available), the effective date or signing date of the issuing entity. If the basis for the creation of the right clearly states the name of the property right, the description of the name of the right must be consistent with this information.

Article 46. Documents for registration of movable property, annual crops, and temporary structures

1. The documents for registration include Form 01d (one original copy) and additional submission of the following documents:

a) Guarantee contract (one original or one certified copy) in cases where the registration request form only has the signature and seal (if any) of the guarantor or the creditor, except for cases stipulated in Clause 4, Article 8 and Point c, Clause 1, Article 12 of this Decree;

b) Centralized registered securities guarantee contract with agreement on the continued use of such securities to secure obligations for the same party or parties receiving guarantees in cases where they become non-centralized registered securities (one original or one certified copy) and confirmation document of the registration of centralized registered securities guarantee measures issued by Vietnam Securities Depository and Clearing Corporation (one original) in cases stipulated in Point b, Clause 2, Article 6 of this Decree. In this case, the registration authority does not require the parties to re-establish the guarantee contract.

2. The documents for change registration include Form 02d (one original copy) and additional submission of the guarantee contract or amendment and supplement document of the guarantee contract or transfer document of debt collection rights, transfer of secured obligations by movable property, annual crops, or temporary structures in cases of changing the guarantor or the creditor, or other documents proving the basis for change in cases without amendment and supplement documents of the guarantee contract where the registration request form only has the signature and seal (if any) of the guarantor or the creditor (one original or one certified copy).

3. The documents for cancellation registration include Form 03d (one original copy) and additional submission of the following documents (one original or one certified copy):

a) Document containing content showing that the creditor agrees to cancel the registration or confirms the termination, settlement of the security agreement, or confirmation of release of collateral in case the person requesting cancellation of registration is the guarantor and on the Request form there is no signature, seal (if any) of the creditor;

b) Auction sale contract already effective or Confirmation document of enforcement result in case the person requesting cancellation of registration is the civil enforcement agency, Enforcement Officer, or buyer of the collateral asset in the execution of civil enforcement procedures;

c) Contract or other document not falling under point b clause of this article that has taken legal effect to prove the lawful transfer of secured assets in cases where the person requesting cancellation registration is the lawful transferee of the secured assets;

d) Confirmation document from the competent authority regarding the dissolution of the legal entity in cases of cancellation registration as stipulated in point l clause 1 Article 20 of this Decree.

4. The documents for registration of notification of secured asset disposal, change registration, and cancellation registration of notification of secured asset disposal are Form 04d (one original copy) at the Appendix.

5. The documents for registration in cases of online registration through the online registration system include information that must be declared on the online registration interface.

6. In cases where documents and materials included in the registration documents specified in Clauses 1, 2, 3, and 4 of this Article are sent via email, they must be created or digitized from paper versions and accurately and completely reflect the content of the paper version in the ".pdf" format.

Article 47. Procedures for handling registration, change registration, and cancellation registration of movable property, annual crops, and temporary structures

1. In cases where the registration documents are submitted in paper form without grounds for refusal of registration as stipulated in Clause 1, Article 15 of this Decree, the Registration Center records the time of receipt (hours, minutes, date, month, year) on the registration request form, the Register Book; updates the information on the registration request form into the Database; backs up the documents in the registration file into the online registration system; issues a registration certification document according to Form 05d at the Appendix. Receiving the paper-based registration certification document or returning the paper-based documents submitted by the registrant can be done at the Registration Center's office or through postal services upon the registrant's request.

2. In cases where the registration documents are submitted through the online registration system without grounds for refusal of registration as stipulated in Clause 1, Article 15 of this Decree, the Registration Center confirms the registration result; issues a registration certification document according to Form 05d at the Appendix in accordance with the method stipulated in Clause 1, Article 17 of this Decree.

3. In cases of change registration due to reduction of secured assets, the Registration Center updates the content of cancellation registration for the reduced assets into the Database.

4. In cases stipulated in Point b, Clause 2, Article 6 of this Decree, the Registration Center records the registration time based on the registration time shown on the confirmation document of the registration of centralized registered securities guarantee measures.

5. Upon receipt of the documents and materials stipulated in Point c, Clause 5, Article 35 of this Decree, after cancellation of registration, the Registration Center sends a notification of cancellation of registration according to Form 07d at the Appendix to the Land Registration Office.

Article 48. Changing information on registered contents for movable property, annual plants, temporary works

1. In cases where the secured asset is a road motor vehicle or other assets that must be registered for ownership, usage rights, circulation rights, or other rights as prescribed by law, if there is a change in information reflected on the Certificate of Registration, the changed registration information must correspond to the new or supplemented information on the Certificate of Registration. In cases where the secured asset is goods circulating during production and business processes, warehouses, changes in asset information do not require registration changes, except when reducing, supplementing secured assets, or in cases stipulated in Clauses 2, 4, and 7 of Article 45 of this Decree.

2. In cases of changing the effective date of the security contract, this date shall not be later than the date of registering the security measure. If the effective date of the security contract is changed after the security measure has been registered, the previously registered content must be canceled and a new registration of the security measure must be made.

3. Where information that must be declared on the Application Form for Registration changes, such changes must be registered.

Article 49. Handling of duplicate registrations

In cases where there are duplicate registrations for the same guarantor, the same secured party, the same secured asset, the same security measure, and the same obligation being secured, the Registration Center will proactively cancel the duplicate registration or cancel it upon request from the person applying for registration regarding the earliest registration or registrations. When the Registration Center proactively cancels duplicate registrations, it must immediately notify the applicant by paper or electronic means about the basis and consequences of the cancellation of the duplicate registration.

Chapter III

PROVISION OF INFORMATION ON SECURITY MEASURES

Section 1

PROVISION OF INFORMATION UPON REQUEST BY ORGANIZATIONS AND INDIVIDUALS

Article 50. Content of information provision, methods of requesting information provision

1. The content of information provided is information on registered security measures within the scope of the request by organizations and individuals.

2. Organizations and individuals requesting information shall implement according to one of the following methods:

a) For information on security measures by ship, movable property, annual plants, temporary works, submit the Information Request Form according to Model 09d or Model 12c attached to the competent registration authority as prescribed in Clause 3 or Clause 5 of Article 10 of this Decree and in accordance with the method prescribed in Article 13 of this Decree. In cases where the Information Request Form is submitted through the online registration system, the provisions for submitting registration files in Article 24 of this Decree apply. For information on security measures by land use rights, assets attached to land, sea area use rights, assets attached to sea areas, or aircraft, the request for the registration authority to provide information shall be carried out in accordance with the laws on land, marine resource exploitation and utilization, or aviation laws;

b) Self-searching for information in the database using a database access code. Organizations and individuals self-searching for information under this provision have the right to request the competent authority prescribed in Clause 3 of Article 23 of this Decree to issue a database access code through the online registration interface or send a written request to this authority. The database access code may be a regular access code or a one-time access code for information search.

Article 51. Procedures for resolving requests for information provision by registration authorities

1. The registration authority shall refuse to provide information and implement such refusal in accordance with the provisions of Clause 2, Article 15 of this Decree when there is one of the following grounds:

a) The request for information is not within the authority's jurisdiction;

b) The Information Request Form (Form No. 09d, Form No. 12c in the Appendix) is filled out incorrectly according to the guidance provided, or the information is filled out inconsistently with the laws on land, marine resource exploitation and use, or aviation laws;

c) The person requesting information has not paid the fee, except in cases where the laws on fees and charges or other relevant laws provide otherwise.

2. In cases where there are no grounds as specified in Clause 1 of this Article, the registration authority shall provide the requested information results to the requester within the time limit stipulated in Article 16 of this Decree and in the manner prescribed in Article 17 of this Decree.

3. The use of signatures and seals in providing information shall be implemented in accordance with the provisions of Article 12 of this Decree.

Section 2

INFORMATION PROVISION ACTIVITIES BETWEEN REGISTRATION AUTHORITIES AND AUTHORITIES WITH JURISDICTION, PERSONS WITH JURISDICTION

Article 52. Authorities with jurisdiction, persons with jurisdiction in information provision activities

1. The National Registration Agency for Security Interests under the Ministry of Justice; the authorities with jurisdiction as specified in Clauses 1, 2, 3, 4, and 6 of Article 10 of this Decree, except in cases where the laws on land, marine resource exploitation and use, aviation, or maritime laws provide otherwise.

2. Authorities responsible for registering ownership rights, usage rights, or circulation rights of assets.

3. People's Courts, Arbitration Tribunals, People's Procuratorates, Investigation Agencies, and authorized persons from these agencies.

4. Civil Enforcement Agencies, Enforcement Officers.

5. Other state agencies with jurisdiction as prescribed by law, and authorized persons from these agencies.

Article 53. Content of information provision, form, and time limit for information provision

1. Information provision activities between the authorities with jurisdiction, persons with jurisdiction as specified in Article 52 of this Decree do not apply to cases where the authorities with jurisdiction, persons with jurisdiction as specified in Clauses 3, 4, and 5 of Article 52 of this Decree serve or send final judgments or decisions with legal effect for the registration authority to enforce in accordance with the laws on procedural regulations, civil enforcement laws, or other related laws.

2. Information provided by the authorities with jurisdiction, persons with jurisdiction as specified in Article 52 of this Decree is for coordination in performing state management tasks, handling administrative procedures, supporting litigation activities, and civil enforcement activities related thereto, including:

a) Information related to the guarantor, the secured party, the secured asset, the registration date, or other information stored in the Register or Database provided by the authority with jurisdiction as specified in Clause 1 of Article 52 of this Decree upon request from the authorities with jurisdiction, persons with jurisdiction as specified in Clauses 2, 3, 4, and 5 of Article 52 of this Decree;

b) Information related to the asset provided by the authorities with jurisdiction, persons with jurisdiction as specified in Clauses 2, 3, 4, and 5 of Article 52 of this Decree to the authority with jurisdiction as specified in Clause 1 of Article 52 of this Decree.

3. The provision of information as specified in Clause 2 of this Article shall be carried out in the form and within the time limit stated in the request document of the authority with jurisdiction, person with jurisdiction, and in accordance with the laws on procedural regulations, civil enforcement laws, or other related laws, except in cases as specified in Clause 4 of this Article.

4. In cases where the authorities with jurisdiction, persons with jurisdiction as specified in Article 52 of this Decree request the issuance of a database access code to search for information in the Database for movable property, the National Registration Agency for Security Interests under the Ministry of Justice shall be responsible for issuing this code to the authority with jurisdiction, person with jurisdiction. In cases where the secured asset is a motor vehicle, the Ministry of Justice shall coordinate with the Ministry of Public Security to implement data connection and sharing regarding security interest registration of motor vehicles through the National Electronic Document Transmission System in accordance with the laws on data management, connection, and sharing.

5. The issuance of a database access code for information provision between the authorities with jurisdiction, persons with jurisdiction as specified in Article 52 of this Decree for land use rights, assets attached to land, sea area use rights, assets attached to sea areas, or aircraft, ships shall be carried out in accordance with the laws on land, marine resource exploitation and use, aviation, or maritime laws.

Chapter IV

STATE MANAGEMENT OF SECURITY INTEREST REGISTRATION

Article 54. Contents of state management on registration of security measures

1. Building and implementing strategies and policies for developing the registration system of security measures nationwide.

2. Issuing and organizing the implementation of regulatory legal documents on the registration of security measures.

3. Organizing and managing the activities of registering security measures; building and managing registration agencies of security measures; guiding, training, enhancing, and instructing specialized knowledge and skills on the registration of security measures.

4. Xây dựng, vận hành và quản lý cơ sở dữ liệu; quản lý, kết nối, chia sẻ dữ liệu về đăng ký biện pháp bảo đảm.

5. Tuyên truyền, phổ biến pháp luật về đăng ký biện pháp bảo đảm.

6. Hợp tác quốc tế phù hợp với quy định của pháp luật về các nội dung liên quan đến quản lý nhà nước quy định tại Điều này.

7. Thống kê đăng ký biện pháp bảo đảm; tổng hợp và báo cáo cơ quan có thẩm quyền.

8. Kiểm tra, thanh tra, theo dõi thi hành pháp luật về đăng ký biện pháp bảo đảm; giải quyết khiếu nại, tố cáo và xử lý vi phạm pháp luật về đăng ký biện pháp bảo đảm.

9. Nhiệm vụ, quyền hạn khác quy định tại Nghị định này, pháp luật khác có liên quan.

Điều 55. Nhiệm vụ, quyền hạn của các cơ quan trong quản lý nhà nước về đăng ký biện pháp bảo đảm

1. Chính phủ thống nhất quản lý nhà nước về đăng ký biện pháp bảo đảm.

2. Bộ Tư pháp giúp Chính phủ thực hiện thống nhất quản lý nhà nước về đăng ký biện pháp bảo đảm có nhiệm vụ, quyền hạn:

a) Xây dựng, thực hiện chiến lược, chính sách phát triển hệ thống đăng ký biện pháp bảo đảm theo thẩm quyền;

b) Xây dựng văn bản quy phạm pháp luật về đăng ký biện pháp bảo đảm, trình cơ quan có thẩm quyền ban hành hoặc ban hành theo thẩm quyền;

c) Hướng dẫn tổ chức thực hiện, hướng dẫn áp dụng pháp luật đối với các văn bản quy phạm pháp luật về đăng ký biện pháp bảo đảm; tuyên truyền, phổ biến pháp luật về đăng ký biện pháp bảo đảm;

d) Quản lý nhà nước đối với cơ quan đăng ký biện pháp bảo đảm bằng động sản không phải là tàu bay, tàu biển, chứng khoán đã đăng ký tập trung, bằng cây hằng năm, công trình tạm; tổ chức bồi dưỡng nghiệp vụ, chuyên môn về đăng ký biện pháp bảo đảm bằng động sản không phải là tàu bay, tàu biển, chứng khoán đã đăng ký tập trung, bằng cây hằng năm, công trình tạm; đối với việc cấp tài khoản đăng ký trực tuyến, cấp mã số sử dụng cơ sở dữ liệu tại Cục Đăng ký quốc gia giao dịch bảo đảm; xây dựng, vận hành và quản lý hệ thống đăng ký trực tuyến, cơ sở dữ liệu về biện pháp bảo đảm bằng động sản không phải là tàu bay, tàu biển, chứng khoán đã đăng ký tập trung, bằng cây hằng năm, công trình tạm;

đ) Chủ trì, phối hợp với các bộ, cơ quan, tổ chức có liên quan tổ chức đào tạo nghiệp vụ, tập huấn, bồi dưỡng pháp luật về đăng ký biện pháp bảo đảm;

e) Hợp tác quốc tế về đăng ký biện pháp bảo đảm;

g) Kiểm tra, thanh tra, theo dõi thi hành pháp luật theo thẩm quyền về đăng ký, cung cấp thông tin về biện pháp bảo đảm; xử lý vi phạm và giải quyết theo thẩm quyền khiếu nại, tố cáo trong việc thực hiện đăng ký, cung cấp thông tin về biện pháp bảo đảm theo thẩm quyền;

h) Thống kê, tổng hợp, báo cáo Chính phủ về đăng ký, cung cấp thông tin về biện pháp bảo đảm trong phạm vi cả nước;

i) Phối hợp trong thực hiện nhiệm vụ, quyền hạn của các bộ, cơ quan liên quan quy định tại điểm a khoản 3, các điểm a, b và c khoản 4, các điểm b, c và đ khoản 6 Điều này;

k) Nhiệm vụ, quyền hạn khác được Chính phủ giao.

3. Bộ Tài nguyên và Môi trường có nhiệm vụ, quyền hạn:

a) Quản lý nhà nước về cơ sở dữ liệu đối với biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất, cơ sở dữ liệu đối với biện pháp bảo đảm bằng quyền sử dụng khu vực biển, tài sản gắn liền với khu vực biển; hướng dẫn và tổ chức bồi dưỡng về chuyên môn, nghiệp vụ đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất đối với Văn phòng đăng ký đất đai; biện pháp bảo đảm bằng quyền sử dụng khu vực biển, tài sản gắn liền với khu vực biển đối với cơ quan đăng ký có thẩm quyền;

b) Phối hợp với Bộ Tư pháp thực hiện nhiệm vụ nêu tại các điểm a, b, c, đ, g và k khoản 2 Điều này.

4. Bộ Giao thông vận tải có nhiệm vụ, quyền hạn:

a) Quản lý nhà nước đối với cơ quan đăng ký biện pháp bảo đảm bằng tàu bay, cơ quan đăng ký biện pháp bảo đảm bằng tàu biển; hướng dẫn và tổ chức bồi dưỡng nghiệp vụ, chuyên môn về đăng ký biện pháp bảo đảm bằng tàu bay, tàu biển;

b) Theo dõi thi hành pháp luật về đăng ký biện pháp bảo đảm bằng tàu bay, tàu biển;

c) Thực hiện quản lý nhà nước và tổ chức triển khai xây dựng cơ sở dữ liệu điện tử về tàu bay, tàu biển để tạo cơ sở cho việc thực hiện đăng ký trực tuyến, về cấp tài khoản đăng ký trực tuyến, về cấp mã số sử dụng cơ sở dữ liệu về biện pháp bảo đảm bằng tàu bay, tàu biển theo quy định của pháp luật về hàng không, về hàng hải;

d) Kiểm tra, thanh tra, xử lý vi phạm và giải quyết theo thẩm quyền khiếu nại, tố cáo trong việc thực hiện đăng ký, cung cấp thông tin về biện pháp bảo đảm bằng tàu bay, tàu biển;

đ) Thực hiện chế độ báo cáo Bộ Tư pháp về việc đăng ký biện pháp bảo đảm bằng tàu bay, tàu biển theo quy định của pháp luật về thống kê; phối hợp với Bộ Tư pháp thực hiện nhiệm vụ nêu tại các điểm a, b, c, đ, g, h và k khoản 2 Điều này.

5. Bộ Tài chính có nhiệm vụ, quyền hạn:

a) Quản lý nhà nước về việc đăng ký biện pháp bảo đảm bằng chứng khoán đã đăng ký tập trung theo thẩm quyền được quy định trong pháp luật về chứng khoán;

b) Ban hành giá dịch vụ đăng ký biện pháp bảo đảm đối với chứng khoán do Tổng công ty lưu ký và bù trừ chứng khoán Việt Nam cung cấp theo pháp luật về giá, pháp luật khác có liên quan;

c) Kiểm tra, thanh tra, xử lý vi phạm và giải quyết theo thẩm quyền khiếu nại, tố cáo trong việc thực hiện đăng ký, cung cấp thông tin về biện pháp bảo đảm bằng chứng khoán đã đăng ký tập trung;

d) Phối hợp với Bộ Tư pháp thực hiện nhiệm vụ nêu tại các điểm a, b, c, đ, g và k khoản 2 Điều này.

6. Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương có nhiệm vụ, quyền hạn:

a) Quản lý nhà nước đối với hoạt động đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương;

b) Quản lý nhà nước đối với cơ quan đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương; tổ chức bồi dưỡng nghiệp vụ, chuyên môn về đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương;

c) Hướng dẫn, tổ chức thực hiện, tuyên truyền, phổ biến pháp luật về đăng ký biện pháp bảo đảm tại địa phương;

d) Tổ chức triển khai xây dựng cơ sở dữ liệu đất đai để tạo cơ sở cho việc thực hiện đăng ký trực tuyến biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương;

đ) Kiểm tra công tác đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại Văn phòng đăng ký đất đai theo thẩm quyền;

e) Thanh tra, giải quyết khiếu nại, tố cáo, xử lý vi phạm theo thẩm quyền về đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương;

g) Thực hiện chế độ báo cáo Bộ Tư pháp và Bộ Tài nguyên và Môi trường về việc đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất theo quy định của pháp luật về thống kê; phối hợp với Bộ Tư pháp thực hiện nhiệm vụ nêu tại các điểm a, b, c, đ, g, h và k khoản 2 Điều này.

7. Sở Tư pháp chịu trách nhiệm giúp Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương thực hiện chức năng quản lý nhà nước đối với hoạt động đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất tại địa phương, chủ trì thực hiện nhiệm vụ, quyền hạn quy định tại các điểm c, đ và g khoản 6 Điều này; phối hợp với Sở Tài nguyên và Môi trường thực hiện nhiệm vụ, quyền hạn của Sở Tài nguyên và Môi trường quy định tại khoản 8 Điều này.

8. Sở Tài nguyên và Môi trường chịu trách nhiệm giúp Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương chủ trì thực hiện nhiệm vụ, quyền hạn quy định tại các điểm b, d và e khoản 6 Điều này; phối hợp với Sở Tư pháp thực hiện nhiệm vụ, quyền hạn của Sở Tư pháp quy định tại khoản 7 Điều này.

Chương V

ĐIỀU KHOẢN THI HÀNH

Điều 56. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 15 tháng 01 năm 2023, trừ trường hợp quy định tại khoản 2 Điều này.

2. Quy định tại Nghị định này về thực hiện thủ tục đăng ký trực tuyến đối với trường hợp tại khoản 4 Điều 47, về cấp tài khoản đăng ký trực tuyến tại Điều 23, về cấp mã số sử dụng cơ sở dữ liệu tại điểm b khoản 2 Điều 50 và về kết nối, chia sẻ dữ liệu số đăng ký biện pháp bảo đảm bằng phương tiện giao thông cơ giới đường bộ tại khoản 4 Điều 53 thuộc lĩnh vực đăng ký đối với động sản không phải là tàu bay, tàu biển, chứng khoán đã đăng ký tập trung có hiệu lực kể từ ngày 01 tháng 01 năm 2024; thuộc lĩnh vực đăng ký đối với quyền sử dụng đất, tài sản gắn liền với đất, quyền sử dụng khu vực biển, tài sản gắn liền với khu vực biển, tàu bay, tàu biển có hiệu lực từ thời điểm được quy định tại pháp luật về đất đai, về khai thác, sử dụng tài nguyên biển, về hàng không hoặc pháp luật về hàng hải.

3. Nghị định này thay thế Nghị định số 102/2017/NĐ-CP ngày 01 tháng 9 năm 2017 của Chính phủ về đăng ký biện pháp bảo đảm.

Điều 57. Điều khoản chuyển tiếp

1. Biện pháp bảo đảm được xác lập trước ngày Nghị định này có hiệu lực thi hành mà chưa đăng ký nhưng hợp đồng bảo đảm vẫn còn hiệu lực thì đăng ký theo quy định của Nghị định này.

2. Biện pháp bảo đảm đã được đăng ký trước ngày Nghị định này có hiệu lực thi hành thì không phải đăng ký lại. Kể từ ngày Nghị định này có hiệu lực thi hành mà đăng ký thay đổi, xóa đăng ký, chỉnh lý thông tin có sai sót trong nội dung đã được đăng ký, đăng ký thông báo xử lý tài sản bảo đảm hoặc hủy đăng ký đối với biện pháp bảo đảm này thì thực hiện theo quy định của Nghị định này.

3. Kể từ ngày Nghị định này có hiệu lực thi hành đến ngày 31 tháng 12 năm 2023, việc trao đổi thông tin về đăng ký biện pháp bảo đảm bằng phương tiện giao thông cơ giới đường bộ thực hiện theo quy định tại điểm a khoản 3 và điểm a khoản 4 Điều 63 Nghị định số 102/2017/NĐ-CP ngày 01 tháng 9 năm 2017 của Chính phủ về đăng ký biện pháp bảo đảm.

4. Trường hợp trước ngày có hiệu lực thi hành quy định tại khoản 2 Điều 56 Nghị định này, tổ chức, cá nhân đã được cơ quan có thẩm quyền cấp tài khoản đăng ký trực tuyến, mã số sử dụng cơ sở dữ liệu thì tổ chức, cá nhân tiếp tục sử dụng tài khoản đăng ký trực tuyến, mã số sử dụng cơ sở dữ liệu đã được cấp để thực hiện việc đăng ký hoặc thực hiện yêu cầu cung cấp thông tin theo quy định tại Nghị định này.

5. Trường hợp trước ngày có hiệu lực thi hành quy định tại khoản 2 Điều 56 Nghị định này, tổ chức, cá nhân có yêu cầu cấp mới tài khoản đăng ký trực tuyến hoặc cấp mới mã số sử dụng cơ sở dữ liệu thì thực hiện theo quy định tại Điều 54 Nghị định số 102/2017/NĐ-CP ngày 01 tháng 9 năm 2017 của Chính phủ về đăng ký biện pháp bảo đảm, quy định khác có liên quan tại pháp luật về đất đai, về khai thác, sử dụng tài nguyên biển, về hàng không hoặc pháp luật về hàng hải.

6. Trường hợp Văn phòng đăng ký đất đai chưa được thành lập tại tỉnh, thành phố trực thuộc Trung ương thì Văn phòng Đăng ký quyền sử dụng đất hoặc cơ quan khác thực hiện chức năng của Văn phòng đăng ký đất đai tiếp tục thực hiện đăng ký biện pháp bảo đảm bằng quyền sử dụng đất, tài sản gắn liền với đất quy định tại Điều 25 Nghị định này cho đến khi thành lập Văn phòng đăng ký đất đai.

Điều 58. Tổ chức thực hiện

1. Bộ Tư pháp, Bộ Tài nguyên và Môi trường, Bộ Giao thông vận tải, Bộ Tài chính, Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương có trách nhiệm:

a) Phối hợp với Văn phòng Chính phủ, các bộ, cơ quan liên quan thực hiện việc quản lý, kết nối, chia sẻ dữ liệu số đối với thông tin về kết quả đăng ký biện pháp bảo đảm theo quy định của pháp luật về quản lý, kết nối, chia sẻ dữ liệu;

b) Thực hiện việc khai thác, sử dụng thông tin trong Cơ sở dữ liệu quốc gia về dân cư, hệ thống định danh và xác thực điện tử trong hoạt động đăng ký, cung cấp thông tin về biện pháp bảo đảm theo quy định của pháp luật về quản lý, kết nối, chia sẻ dữ liệu.

2. Bộ Tư pháp phối hợp với Bộ Công an thực hiện việc kết nối, chia sẻ dữ liệu số về đăng ký biện pháp bảo đảm bằng phương tiện giao thông cơ giới đường bộ theo quy định của pháp luật về quản lý, kết nối, chia sẻ dữ liệu, hoàn thành trước ngày 31 tháng 12 năm 2023; có trách nhiệm hoàn thiện phần mềm đăng ký trực tuyến để thực hiện việc đăng ký quy định tại khoản 4 Điều 47 Nghị định này, để thực hiện việc cấp tài khoản đăng ký trực tuyến quy định tại Điều 23 Nghị định này và để thực hiện việc cấp mã số sử dụng cơ sở dữ liệu quy định tại điểm b khoản 2 Điều 50 Nghị định này, hoàn thành trước ngày 31 tháng 12 năm 2023. Trường hợp cần đảm bảo sự thống nhất trong thực hiện thủ tục đăng ký theo quy định tại Nghị định này liên quan đến thông tin thể hiện trên mẫu kèm theo Phụ lục, Bộ trưởng Bộ Tư pháp có trách nhiệm chủ trì, phối hợp với các bộ, cơ quan liên quan hướng dẫn theo thẩm quyền.

3. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương và tổ chức, cá nhân có liên quan chịu trách nhiệm thi hành Nghị định này.