08:45 | 06/12/2022

Vietnam: Who has the right to request registration of the security measure? Is a copy of the written certificate of registration of the security measure?

Who has the right to request registration of the security measure according to Vietnamese regulations? Is a copy of the written certificate of registration of the security measure in Vietnam? asked Tam from Hau Giang.

Who has the right to require registration of the security measure in Vietnam?

Pursuant to Article 8 of Decree 99/2022/ND-CP stipulating as follows:

Registration requester, requester for information
1. Persons requesting registration include the secured party and the guarantor; Load manager; enterprises manage and liquidate assets in case the enterprise or cooperative becomes insolvent to lend assets to others but does not register (hereinafter referred to as asset management and liquidation enterprises).
2. Persons requesting registration in case of registration changes include persons specified in Clause 1 of this Article; the new secured party in case of a change of the secured party; the successor in case the guarantor or the secured party is a reorganized legal entity; the new guarantor in case of change of guarantor and with the consent of the secured party, unless the new guarantor is the heir as prescribed by the Civil Code or another person is entitled to establish rights as prescribed by law.
3. Persons requesting registration in case of deletion of registration include persons specified in Clauses 1 and 2 of this Article; the recipient legally transfers secured assets as land use rights, the right to use marine areas, receives a lawful transfer of ownership of other secured assets (hereinafter referred to as the legal transfer of secured assets) without becoming a new guarantor; civil enforcement agencies, enforcers, other competent agencies and other competent persons as prescribed by law.
....

According to the above provisions, the following persons will have the right to request registration of security measures:

- Secured party

- Guarantor

- Administrator

- The enterprise manages the liquidation of assets in case the enterprise or cooperative becomes insolvent to lend assets to others but does not register.

Vietnam: Who has the right to request registration of the security measure? Is a copy of the written certificate of registration of the security measure?

Vietnam: Who has the right to request registration of the security measure? Is a copy of the written certificate of registration of the security measure?

Is a person requesting registration of a security measure required to issue a copy of the written certificate of registration of the security measure in Vietnam?

Pursuant to Clause 1, Article 9 of Decree 99/2022/ND-CP stipulates as follows:

Rights and obligations of the person requesting registration, of the person requesting to provide information
1. Rights of registration requesters and information requesters:
a) Receive registration results and information provision results; check and compare registered and provided information; request the registration agency specified in Clause 2, Clause 3 or Clause 5, Article 10 of this Decree to issue a copy of the registration certificate in case the registration is under its competence;
b) Request the registrar to respond in writing to the refusal of registration, refusal to cancel registration, refusal to restore the cancelled registration or refusal to provide information in accordance with the provisions of Articles 15, 18, 20, 21 or 51 of the Decree.
this definition;
c) Request the registration agency to correct information with errors in the registered contents due to the fault of the registration agency or request the registration to change information with errors due to the fault of the person requesting registration;
d) Use registration results and information provision results to exercise their legitimate rights and obligations at competent agencies and organizations; to establish and carry out civil transactions,
dd) Be exempt from the obligation to pay fees, pay service prices and other payment obligations in case the law on fees, charges, price laws and other relevant laws is prescribed;
e) Make a complaint, denunciation, lawsuit or claim for damages in accordance with relevant laws in case the registration agency refuses to register, refuses to cancel the registration, refuses to restore the canceled registration, refuses to provide information specified at Point b of this Clause or refuses to waive the obligation to pay fees, payment of service prices and other payment obligations specified at Point dd of this Clause; registration of changes, deletion of registration, cancellation of registration or restoration of registration that has been canceled without grounds specified in this Decree.

Accordingly, one of the rights of the person requesting registration of a security measure is to request the registrar to issue a copy of the written certificate of registration of the security measure within its competence.

What are the obligations of the person requesting registration of the security measure in Vietnam?

Pursuant to Clause 2, Article 9 of Decree 99/2022/ND-CP stipulating the obligations of the person requesting registration of security measures as follows:

- Declare and provide truthfully, completely and accurately the information in the registration request form, the information request form and be responsible for this information; take responsibility for the name of the security contract, the contents of the agreement in the security contract, other papers and documents in the registration dossier;

- Pay fees, pay service prices and other payment obligations in accordance with the law on fees, charges, price laws and other relevant laws; payment of transfer fees, non-use of other non-cash payment services (if any) in case of payment of fees, service prices or other payment obligations by non-cash payment; payment of non-postal service charges in case registration dossiers, papers, documents, registration results, copies of registration certificates, results of information provision are transferred or paid through the postal service; payment of expenses in case of payment of registration results, copies of registration certificates, results of provision of information in other ways as agreed between the registration authority and the person requesting registration, the person requesting to provide information specified in Clause 1, Point c, Clause 2, Article 17 and Clause 2, Article 51 of this Decree; provide papers and documents proving that they are exempt from the obligation to pay fees, pay service prices and other payment obligations specified at Points dd, Clause 1 and Clause 3 of this Article;

- Take responsibility for minh's behavior in forging documents, signatures or seals in the registration dossier;

- To be responsible for compensating for damages according to the provisions of the Civil Code and other laws that are important in the case of Point c of this Clause or in case of failure to carry out the registration when there are grounds specified in this Decree that cause damage to the registration agency, for other organizations and individuals.

Decree 99/2022/ND-CP will take effect from January 15, 2023.

Thư Viện Pháp Luật

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