Dossier and Procedures for Registering Changes to Maritime Lien on Sea-going Ships: Regulations and Guidelines
What documents are required for the registration dossier to change the security measure by sea vessel?
Based on the provisions of Sub-section 2, Section 2, Part A of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the registration dossier for changing the security measure by sea vessel includes:
- Registration dossier for change includes:
+ Request form according to Form No. 02c in the Appendix (01 original);
+ Amended or supplemented security contract document or debt transfer document, transfer of obligations secured by sea vessel in the case of changing the security party, changing the secured party, or other documents proving the grounds for change in case there is no amended or supplemented security contract (01 original or 01 certified copy);
+ In case of registration for a change to add the security asset which has been agreed in the security contract but was not included in the previously registered content, the registration dossier includes the Request form according to Form No. 02c in the Appendix (01 original).
- Depending on each case, additional documents may be required:
+ In case of acting through a representative, a document containing information about the representation is required in the registration dossier, information provision dossier (01 original or 01 certified copy or 01 copy with the original for comparison),
Except in the case of registration through the representative's online registration account as prescribed in Clause 2, Article 24 of Decree 99/2022/ND-CP.
+ In case a branch or transaction office of a legal entity or a credit institution assigned to perform the functions of the legal entity in the registration request, information supply request, the document assigning the branch to perform the functions of the legal entity in the registration request, information supply request is required in the registration dossier, information supply dossier (01 original or 01 certified copy or 01 copy with the original for comparison).
+ In case of exemption from the obligation to pay fees, service prices, other payment obligations, the registration requester has the right to choose to provide one of the following documents in the registration dossier:
++ Security contract or credit contract or other document containing information on exemption from registration fees, service prices, other payment obligations (01 original or 01 certified copy or 01 copy with the original for comparison).++ The submission of documents mentioned in Clause 3, Article 9 of [Decree 99/2022/ND-CP](https://lawnet.vn/vb/Nghi-dinh-99-2022-ND-CP-dang-ky-bien-phap-bao-dam-84673.html#dieu_9) only needs to be done once for the same security measure registration.+ In case the security party or secured party consists of multiple persons, all these entities must sign and seal (if any), except in the case where a document indicates that one or some security parties or secured parties have the right to represent the others.
+ In case the Vietnam Asset Management Company of credit institutions or other entities become a new secured party and do not need to register the change of secured party as prescribed at point a, clause 1, Article 18 of Decree 99/2022/ND-CP, the document identifying the new secured party must be included in the registration dossier (01 original or 01 certified copy or 01 copy with the original for comparison).
+ In case of changing the secured party as prescribed at point a, clause 1, and clause 2, Article 18 of Decree 99/2022/ND-CP related to multiple registered security measures with the same secured party, the registration requester must submit 01 change registration dossier and 01 list of documents corresponding to the registered security measures to be changed.
How are the documents and procedures for registration change of security measures by sea vessel stipulated?
How are the procedures for registering the change of a security measure by sea vessel carried out?
Based on the provisions of Sub-section 2, Section 2, Part A of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the procedures for registering a change of security measure by sea vessel are as follows:
Implementation Process:
- Submit the dossier to the Vietnam Sea Vessel Registration Agency - Ministry of Transport;
- In cases where there are no grounds for refusal, the Vietnam Sea Vessel Registration Agency receives the valid dossier, processes it, and returns the result.
What is the time limit for processing the registration procedure for changing the security measure by sea vessel?
Based on the provisions of Sub-section 2, Section 2, Part A of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the time limit for processing the registration procedure for changing the security measure by sea vessel is as follows:
- On the working day of receiving the valid dossier; if the dossier is received after 15:00 on the same day, the registration can be completed on the next working day.
In cases where the registration agency has justifiable reasons to extend the processing time of the registration dossier, the processing time shall not exceed 03 working days from the date of receiving the valid dossier.
- The time not counted in the time limit prescribed in Clause 1, Article 16 of Decree 99/2022/ND-CP includes:
The time when natural disasters, epidemics, fires, online registration system failures, power outages, internet network failures, or other force majeure events occur as per documents or decisions of the competent authority leading to the registration agency's inability to perform the registration procedures and deadlines as specified in Decree 99/2022/ND-CP.
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