What is the application for registration of security interest in seagoing ships in Vietnam? What are the procedures for processing the application for registration?
- What are the cases of registration falling under the authority of the Vietnam Registry of Seagoing Ships?
- What is the application for registration of security interest in seagoing ships in Vietnam?
- What are the procedures for processing registration, change registration and deregistration for seagoing ships in Vietnam?
What are the cases of registration falling under the authority of the Vietnam Registry of Seagoing Ships?
Pursuant to the provisions of Article 41 of Decree 99/2022/ND-CP stipulating that the cases of registration falling under the authority of the Vietnam Registry of Seagoing Ships as follows:
- Mortgage of seagoing ships.
- Seagoing ship title retention.
- Registration of notice of realization of collateral being seagoing ships.
- Registration of change or deregistration for the case specified in Clauses 1, 2 and 3 Article 41 of Decree 99/2022/ND-CP.
- In case an official-duty seagoing vessel, submarine, submersible, floating storage facility, movable platform as prescribed by maritime law is used to secure the performance of obligations and there is a request for registration of security interest in this property, the regulations on registration of seagoing ships in Decree 99/2022/ND-CP shall apply.
What is the application for registration of security interest in seagoing ships in Vietnam? What are the procedures for processing the application for registration?
What is the application for registration of security interest in seagoing ships in Vietnam?
Pursuant to Article 42 of Decree 99/2022/ND-CP stipulating the application for registration of security interest in seagoing ships as follows:
A registration application includes:
- An application form (01 original);
- The security contract (1 original or 1 certified true copy).
A registration application of changes includes:
- An application form (01 original);
- The document on amendments on the security contract or the document on transfer of the right to claim debt or transfer the secured obligation in seagoing ship in case of change of the grantor, change of the secured party or the written document that has grounds for change in case there is no document on amendments on the security contract (01 original or 01 certified true copy);
- In case of registration of changes to add collateral as agreed in the security contract but previously registered information does not include this property, the application is an application form (01 original).
The application for deregistration includes:
- An application form made according to Form No. 03c in the Appendix (01 original) and the following additional documents are filed (01 original or 01 certified true copy);
- A document showing that the secured party agrees to deregister or certify that the security contract has been terminated or liquidated, or showing confirmation of the release of the security in case the applicant for deregistration is the grantor and there is no signature or seal (if any) of the secured party on the application form;
- The auctioned asset sale contract that has been legally effective or written certification of judgment enforcement results in case the applicant for deregistration is a civil judgment enforcement agency, enforcer or; the purchaser of collateral in collateral realization in accordance with the law on civil judgment enforcement;
- Contract or other legally effective document not mentioned in Point b of this Clause evidencing the lawful transfer of collateral in case the applicant for deregistration is the legal transferee of the collateral;
- The written certification of the competent authority on the dissolution of the legal entity in the case of deregistration specified at Point l, Clause 1, Article 20 of Decree 99/2022/ND-CP.
The application for registration of notice of collateral realization includes:
- An application form (01 original);
- Written notice of realization of collateral being seagoing ship (01 original);
- In case of registration of change or deregistration of notice of collateral realization, the application includes an application form (01 original).
What are the procedures for processing registration, change registration and deregistration for seagoing ships in Vietnam?
Pursuant to the provisions of Article 43 of Decree 99/2022/ND-CP stipulating the procedures for processing registration, change registration and deregistration for seagoing ships as follows:
- After receiving the registration application, if there is no ground to refuse the registration specified in Clause 1, Article 15 of Decree 99/2022/ND-CP, the Vietnam Registry of Seagoing Ships shall record and update the registration time (hour, minute, date, month, year) and registered information, changed information, deregistered information, and information in the notice of realization of collateral in the Vietnam Seagoing Ship Register;
- Issue a Certificate of Registration according to Form No. 05c, Form No. 06c, Form No. 07c or Form No. 08c in the Appendix to the applicant for registration in the manner specified in Clauses 2, 3 and 4, Article 17 of Decree 99/2022/ND-CP.
- In case the registration changes due to withdrawal of a part of collateral, the Vietnam Registry of Seagoing Ships shall record and update the information of deregistration of the part of withdrawn collateral in the Vietnam Seagoing Ship Register.
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