Decision No. 104/2001/QD-TTg dated July 10, 2001 of the Prime Minister on the establishment of the national secured transaction registration department under the Ministry of Justice

DECISION

ON THE ESTABLISHMENT OF THE NATIONAL SECURED TRANSACTION REGISTRATION DEPARTMENT UNDER THE MINISTRY OF JUSTICE

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Government’s Decree No. 08/2000/ND-CP of March 10, 2000 on the registration of secured transactions;

In order to manage and effect the registration of secured transactions;

At the proposals of the Minister of Justice and the Minister-Director of the Government Commission for Organization and Personnel,

DECIDES:

Article 1.-To establish the National Secured Transaction Registration Department under the Ministry of Justice which shall perform the State management over the secured transaction registration, organize the registration and provide information on secured transactions according to its competence.

The National Secured Transaction Registration Department shall have the legal person status, its own seal and account, and is headquartered in Hanoi city.

Article 2.-The National Secured Transaction Registration Department shall have the following tasks and powers:

1. To compile and take part in the compilation of draft legal documents on secured transaction registration for the Ministry of Justice to submit them to the Government for promulgation or to promulgate according to its competence, and organize the enforcement of legal documents on secured transaction registration;

2. To submit to the Justice Minister for promulgation or to promulgate according to its competence the regulations on professional, technical and operational regulations on secured transaction registration, guide and inspect the implementation thereof; to uniformly manage and guide the use of application forms, papers and registers; to organize and manage the national data system on secured transactions;

3. To effect the registration of secured transactions according to its competence; to provide information on secured transactions archived in the national data system on secured transactions;

4. To direct and organize professional and technical training and fostering for secured transaction registrars;

5. To conduct the statistics on secured transaction registration, sum up and report to the Justice Minister the results of the work of secured transaction registration throughout the country;

6. To inspect the organization and implementation of the work of secured transaction registration; to settle complaints and denunciations about secured transaction registration according to its competence;

7. To undertake international cooperation on secured transaction registration as assigned by the Ministry of Justice.

Article 3.-The Minister of Justice shall issue the Regulation on the organization and operation of the National Secured Transaction Registration Department and appoint its leaders.

Article 4.-The National Secured Transaction Registration Department shall have several branches in localities.

The branches of the National Secured Transaction Registration Department shall effect the registration of secured transactions and provide information on secured transactions according to their competence.

The branches of the National Secured Transaction Registration Department shall have their own seals and accounts.

The Minister of Justice shall decide on the establishment of branches of the National Secured Transaction Registration Department and appoint their leaders.

Article 5.-The Ministry of Justice shall coordinate with the Government Commission for Organization and Personnel and other concerned agencies in providing detailed guidance on the implementation of this Decision.

The Ministry of Communications and Transport, Vietnam Civil Aviation Administration, and the provincial/municipal People’s Committees shall have to coordinate with the Ministry of Justice in effectively carrying out the registration of secured transactions.

Article 6.-This Decision takes effect 15 days after its signing.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.