What is the application for deregistration of aircraft mortgages in Vietnam? What are the procedures for processing the application for deregistration of aircraft mortgages in Vietnam?
Which agency has the authority to deregister aircraft mortgages in Vietnam?
Pursuant to Article 38 of Decree 99/2022/ND-CP stipulating this content as follows:
In case of registration falling under the authority of the Civil Aviation Authority of Vietnam
1. Aircraft mortgage, aircraft pledge.
2. Aircraft title retention.
3. Registration of notice of realization of collateral being aircraft.
4. Registration of change or deregistration for the case specified in Clauses 1, 2 and 3 of this Article.
Thus, the case of deregistration of aircraft mortgages falls under the handling competence of the Civil Aviation Authority of Vietnam.
What is the application for deregistration of aircraft mortgages in Vietnam? What are the procedures for processing the application for deregistration of the aircraft mortgage in Vietnam?
What is the application for deregistration of aircraft mortgages in Vietnam?
According to the provisions of Clause 3, Article 39 of Decree 99/2022/ND-CP on the application for registration of aircraft as follows:
Application for registration of aircraft
...
3. The application for deregistration includes an application form made according to Form No. 03b in the Appendix (01 original) and the following additional documents are filed (01 original or 01 certified true copy):
a) 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;
b) 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;
c) 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;
d) Certificate of deregistration of aircraft nationality in the case specified at Point h, Clause 1, Article 20 of this Decree;
dd) The written certification of the competent authority on the dissolution of the legal entity in the case specified at Point l, Clause 1, Article 20 of this Decree.
Thus, the application for deregistration of aircraft mortgages includes:
- An application form (01 original)
- The following additional documents (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;
+ Certificate of deregistration of aircraft nationality in the case specified at Point h, Clause 1, Article 20 of Decree 99/2022/ND-CP;
+ The written certification of the competent authority on the dissolution of the legal entity in the case specified at Point l, Clause 1, Article 20 of Decree 99/2022/ND-CP.
What are the procedures for processing the application for deregistration of aircraft mortgages in Vietnam?
According to the provisions of Article 40 of Decree 99/2022/ND-CP as follows:
Procedures for processing registration, change registration and deregistration for aircraft
1. After receiving the registration application, if there is no ground to refuse the registration specified in Clause 1, Article 15 of this Decree, the Civil Aviation Authority of Vietnam 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 Aircraft Register; issue a Certificate of Registration according to Form No. 05b, Form No. 06b, Form No. 07b or Form No. 08b in the Appendix to the applicant for registration in the manner specified in Clauses 2, 3 and 4, Article 17 of this Decree.
2. In case the registration changes due to withdrawal of a part of collateral, the Civil Aviation Administration of Vietnam shall record and update the information of deregistration of the part of withdrawn collateral in the Vietnam Aircraft Register.
Thus, receiving the registration application, if there is no ground to refuse the registration specified in Clause 1, Article 15 of this Decree, the Civil Aviation Authority of Vietnam shall record and update the registration time (hour, minute, date, month, year) and deregistered information in the Vietnam Aircraft Register; issue a Certificate of Registration according to Form No. 07b or Form No. 08b 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 Civil Aviation Administration of Vietnam shall record and update the information of deregistration of the part of withdrawn collateral in the Vietnam Aircraft Register.
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