Procedures for granting a copy of the written certification of registration of movable security interests in Vietnam

What are the procedures for granting a copy of the written certification of registration of movable security interests in Vietnam?

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Procedures for granting a copy of the written certification of registration of movable security interests in Vietnam (Internet image)

Procedures for granting a copy of the written certification of registration of movable security interests are specified in Decision 2546/QD-BTP in 2022.

Thus, the procedure for granting a copy of the written certification of registration of a movable security interest is as follows:

1. Application for issuance of a copy of the written certification of registration of movable security interest in Vietnam

(1) A request form made according to Form No. 08d in the Appendix (Article 22 of Decree 99/2022/ND-CP)

Form No. 01

(2) Depending on the case, additional payment:

- In case of implementation through a representative, the document containing the content of the representative is a document that must be included in the registration dossier, the application for information provision (01 original or 01 certified copy or 01 copy enclosed with the original for comparison)except for the case of registration through the online registration account of the representative specified in Clause 2, Article 24 of Decree 99/2022/ND-CP.

(Clause 7 Article 8 of Decree 99/2022/ND-CP, Clause 4, Article 24 of Decree 99/2022/ND-CP).

- In case a branch or transaction office of a legal person is a credit institution (branch of a legal person) assigned by a legal entity to perform the functions of a legal entity regarding registration requirements and information provision requests, a document containing the content of the legal entity's assignment of the branch to perform the functions of the legal entity in the registration request or request for information provision is a document that must be included in the registration dossier, the application for information provision (01 original, one certified copy, or one copy enclosed with the original for comparison)

(Clause 8 Article 8 Decree 99/2022/ND-CP).

- In case the guarantor or secured party consists of many people, there must be the full signatures and seals (if any) of these subjects; unless there is a document stating that one, several securing parties, or the secured party has the right to represent the remaining parties.

(Clause 4, Article 12 of Decree 99/2022/ND-CP).

2. Procedures for granting a copy of the written certification of registration of security interests in movable property in Vietnam

Step 1: Submit the application file to the Center for Registration of Transactions and Assets - the National Register of Secured Transactions under the Ministry of Justice of Vietnam (the Center for Registration of Transactions and Assets);

* How to perform

- Via online registration system;

- Directly or via postal service;

- Via email.

How to submit registration documents by email (specified at Point c, Clause 1, Article 13 of Decree No. 99/2022/ND-CP) in case the registration falls under the jurisdiction of the Property and Transaction Registration Center, according to the provisions of Article 44 of Decree 99/2022/ND-CP are applicable to those who have been granted online registration accounts.

Step 2: If there are no grounds for refusal, the Property and Transaction Registration Center shall receive valid dossiers, process the dossiers and return the results.

3. Time limit for issuance of a copy of the written certification of registration of security interest in movable property in Vietnam

Within working days to receive valid dossiers; If the time of receiving the application is after 15:00 of the same day, the registration can be completed in the next working day.

If the registration authority 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.

Time not included in the time limit specified in Clause 1, Article 16 of Decree 99/2022/ND-CP includes:

Time of occurrence of natural disaster, epidemic, fire, online registration system failure, power network failure, internet network failure, or another force majeure event occurs according to a document or a decision of a competent authority, resulting in the registration agency's being unable to carry out the registration according to the procedures and time limit specified in Decree 99/2022/ND-CP.

* Agency to handle administrative procedures: Center for registration of transactions and properties - Ministry of Justice of Vietnam.

* Fees and charges (if any): 25,000 VND/case

Ngoc Nhi

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