Accordingly, the security interests are registered upon request includes: mortgage of movable property (including off-the-plan movable property); retention of title in the case of purchase of movable property (Clause 1 Article 5).
With regard to contracts that are registered upon request include: property lease contracts in effect for a minimum term of one year; financial lease contracts; contracts for transfer of the debt collection right (including both the existing and the future debt collection right) (Clause 2 Article 5).
For collateral that may be registered upon request includes: automobiles, motorcycles, other road motor vehicles; railway vehicles; fishing vessels; inland watercrafts; machinery, equipment, production line, raw materials, fuels, materials, consumer goods; Vietnamese currency and foreign currencies, precious metals, gemstones; stakes; valuable papers; profits; property rights; houses and other works that are temporarily built; other movable property (Article 6).
Individuals and juridical persons may select any Registration Center in the country to apply for registration of and ask for information about security interests and contracts (Article 3).
This Circular takes effect from August 4th, 2018. To replace Circular No. 22/2010/TT-BTP dated December 6th, 2010; Circular No. 05/2011/TT-BTP dated February 16th, 2011; Circular No. 08/2014/TT-BTP dated February 26th, 2014 and Circular No. 11/2015/TT-BTP dated September 1st, 2015.
Accordingly, apart from transactions of mortgage of land use rights, pledge or mortgage of aircrafts, mortgage of seagoing ships, currently, the transaction of mortgage of property on land whose ownership has been certified shall be also subject to the registration.
This Decree takes effect from October 15th, 2017 and replaces Decree No. 83/2010/ND-CP dated July 23rd, 2010.
To abolish Article 1 of Decree No. 05/2012/ND-CP dated February 2nd, 2012.
Circular No. 202/2016/TT-BTC - Charges for registration for secured transactions applicable from 2017 ( 9-Nov-2016) The charges for registration for secured transactions prescribed in this Circular are not changed in comparison with those provided in Joint Circular No. 69/2011/TTLT-BTC-BTP. In particular, charge for initial registration is VND 80,000/application; charge for registration for revision to a registered secured transaction is VND 60,000/application; charge for registration for the notice of collateral settlement is VND 70,000/application; and charge for removal of secured transaction registration is VND 20,000/application. read more
However, this Circular supplements the charge for issuance of a copy of a certificate of secured transaction registration which is VND 30,000/case
This Circular takes effect from January 1st, 2017. To replaces Joint Circular No. 69/2011/TTLT-BTC-BTP dated May 18th, 2011.
Regarding costs of executing Vietnamese judicial requests, Article 7 of this Joint Circular specifies that in a case where the actual costs have not been determined at the time which the Vietnamese judicial requesting authority prepare documents, such authority shall notify the Vietnamese request payer of paying an advance of VND 3 million to the civil enforcement agency of the province where the Vietnamese judicial requesting authority is located. The amount of such advance shall cover the actual costs at the request of the foreign competent authorities and expenses associated with fund transfer abroad made by the civil enforcement agency.
This Joint Circular takes effect from December 6th, 2016 and replaces Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15th, 2011
Law No. 91/2015/QH13 - The Civil Code 2017 ( 24-Nov-2015) The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person regarding personal and property rights and obligations in relations established on the basis of equality, freedom of will, independence of property and self-responsibility read more
Under the new provisions provided in Article 119 of this Code, civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions
This Code comes into force from January 01st, 2017. To replace the Civil Code No. 33/2005/QH11.
With respect to civil transactions established before the effective date of this Code, the law shall be implemented as follows:
a) The parties of non-performed civil transactions whose contents and forms are different from this Code shall keep complying with regulations of the Civil Code No. 33/2005/QH11, unless the parties agree to amend the contents or forms of the transactions in accordance with this Code;
b) The parties of non-performed or being-performed civil transactions whose contents and forms are conformable to this Code shall comply with regulations of this Code;
c) The parties of civil transactions that are completely performed before the effective date of this Code but dispute arisen shall keep complying with regulations of the Civil Code No. 33/2005/QH11 for settlement;
d) Limitation periods shall comply with this Code.
Accordingly, in case all litigants neither agree asset price nor request the Court for the asset pricing, the Court shall require for giving their prices. Within 15 days, as from the Court’s request is given, if the parties agree price, this price shall be accepted by the Court. In contrast, the Court shall apply the average price of the prices set out by the parties
This Joint Circular shall take effect from June 1, 2014.
Regarding civil lawsuits handled by the Court before the effective date of this Joint Circular, but from the effective date, that lawsuits are judged in the trial court, appellate court or court of cassation, this Joint Circular shall be applied.