What is the time limit for processing an application for registration of collateral in Vietnam? How to submit the application for registration of collateral in Vietnam?
How to submit the application for registration of collateral in Vietnam?
According to the provisions of Article 13 of Decree No. 99/2022/ND-CP, the application for registration of collateral shall be submitted according to the following provisions:
Methods of filing registration applications
1. A registration application shall be filed by any of the following methods:
a) via the online registration system;
b) in person or by post;
c) via emails.
2. Methods of filing registration applications specified at Points a and c, Clause 1 of this Article apply to land use rights, property on land, rights to use the sea area, and property on the sea area or for aircraft and sea-going ships in compliance with the law on land, exploitation and utilization of marine resources, aviation or maritime law.
3. The method of filing registration application specified at Point c, Clause 1 of this Article, for registration cases specified in Article 44 of this Decree, applies to persons who have been granted online registration accounts.
Thus, for collateral being land use rights, property on land, rights to use the sea area, and property on the sea area or for aircraft and sea-going ships in compliance with the law on land, exploitation and utilization of marine resources, aviation or maritime law, the application for registration of collateral shall be submitted via the online registration system or emails.
In addition, for persons who have been granted online registration accounts under the jurisdiction of the transaction and asset registration centers, the application for registration of collateral shall be submitted.
What is the time limit for processing an application for registration of collateral in Vietnam?
How to know if the application for registration of collateral submitted via the online registration system has been confirmed?
According to the provisions of Article 14 of Decree No. 99/2022/ND-CP on the receipt of applications for registration of collateral as follows:
Receipt of registration applications
1. If the registration application is submitted in paper form and is valid, the recipient shall record it in the receipt book, issue a note of receipt acknowledgement and appointment of returning result.
2. In case the registration application is filed through the online registration system, the registry shall receive the application and check the application through the online interface. If the registration application is valid, the system will automatically confirm that the organization or individual has successfully filed it and notify about the time of application receipt or make this response, this notice in another way as specified in Clause 2, Article 17 of this Decree.
Thus, in case the registration application is filed through the online registration system, the registry shall receive the application and check the application through the online interface. If the registration application is valid, the system will automatically confirm that the organization or individual has successfully filed it and notify about the time of application receipt.
What is the time limit for processing application for registration of collateral in Vietnam?
According to the provisions of Article 16 of Decree No. 99/2022/ND-CP on the time limit for processing application for registration of collateral as follows:
- The registry is responsible for processing the registration application within the working day on which it receives the valid application;
- If the application is received after 15:00 of the same day, the registration can be done in the next working day.
- If the registry has a legitimate reason to extend the processing time for the application, the time limit for processing the application shall not exceed 03 working days from the date of receipt of a valid application. In this case, the registry must send a notice with explanation to the registration applicant in paper or electronic document (hereinafter referred to as electronic version) or in another convenient form to the registration applicant and in accordance with the conditions of the registry as soon as there is a good reason.
However, the time not included in the time limit specified as above includes:
- Time of occurrence of natural disaster, epidemic, fire, online registration system failure, power grid failure, internet failure or other force majeure events as written or decided by the competent authority that prevent the registry from carrying out the registration according to the procedures and time limit specified in this Decree.
In this case, the registry must immediately send a notice within the working day of the event or within the same working day that it receives the document or decision of the competent authority in the form of posting it at the head office of the registry and post it on the website of the regulatory body, the registry (if any) or another convenient form to the registration applicant and suitable to the conditions of the registry;
- In case the registration application of land use rights and property on land is filed through the Department of reception and result return of administrative procedures, the provincial-level public administration service center (hereinafter referred to as the single window division), People's Committee of commune, ward, township (hereinafter referred to as commune), the time limit for processing the application shall commence from the time when the land registry receives the valid application.
Nguyễn Thị Hồng Nhung
