Joint Circular No. 02/2012/TTLT-BTP-BGTVT dated March 30, 2012 of the Ministry of Justice and the Ministry of Transport guiding the registration and provision of information on aircraft pledge, aircraft mortgage and seagoing ship mortgage

THE MINISTRY OF JUSTICE - THE MINISTRY OF TRANSPORT

Joint Circular No. 02/2012/TTLT-BTP-BGTVT of March 30, 2012, guiding the registration and provision of information on aircraft pledge, aircraft mortgage and seagoing ship mortgage

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the June 14, 2005 Maritime Code of Vietnam;

Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam;

Pursuant to the Government’s Decree No. 163/2006/ND-CP of December 29, 2006, on secured transactions;

Pursuant to the Government’s Decree No. 83/2010/ND-CP of July 23, 2010, on registration of secured transactions;

Pursuant to the Government’s Decree No. 93/2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport.

The Ministry of Justice and the Ministry of Transport uniformly guide the registration and provision of information on aircraft pledge, aircraft mortgage or seagoing shop mortgage as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the registration and provision of information on aircraft pledge and mortgage at the Civil Aviation Authority of Vietnam, and the registration and provision of information on seagoing ship mortgage at regional seagoing ship registry offices.

Article 2. Cases of registration of aircraft pledge or mortgage or seagoing ship mortgage

Cases of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage which are subject to this Circular include:

1. Aircraft pledge, aircraft mortgage; seagoing ship mortgage;

2. Change in registered contents of aircraft pledge, aircraft mortgage or seagoing ship mortgage;

3. Correction of errors in registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage;

4. Registration of written notices of handling of security assets being aircraft or seagoing ships in case the pledge or mortgage has been registered;

5. Deregistration of aircraft pledge, aircraft mortgage or seagoing ship mortgage.

Article 3. Aircraft and seagoing ships permitted for pledge or mortgage

1. Aircraft.

2. Vietnamese seagoing ships, including:

a/ Seagoing ships registered for an indefinite time;

b/ Seagoing ships registered for a definite time;

c/ Seagoing ships being built;

d/ Temporarily registered seagoing ships.

Article 4. Principles of registration or provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage

1. Registration applicants or information requesters shall make registration dossiers or information request dossiers and take responsibility before law for the completeness, legality, truthfulness and accuracy of information declared in these dossiers.

2. The aircraft pledge, aircraft mortgage or seagoing ship mortgage may be registered on the basis of contents declared by applicants in their registration applications and documents in their registration dossiers and must be consistent with information archived at the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region.

Article 5. Tasks, powers and responsibilities of agencies in the registration and provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage

1. The Civil Aviation Authority of Vietnam and regional seagoing ship registry offices shall perform the tasks and exercise the powers provided in Article 48 of the Government’s Decree No. 83/2010/ND-CP of July 23, 2010, on registration of secured transactions (below referred to as Decree No. 83/2010/ND-CP).

2. The Civil Aviation Authority of Vietnam and regional seagoing registry offices shall:

a/ Ensure that registered contents of aircraft pledge, aircraft mortgage or seagoing ship mortgage are consistent with information in the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region;

b/ Provide accurate information on aircraft pledge, aircraft mortgage or seagoing ship mortgage archived in the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region.

3. Responsibility to make biannual and annual reports on registration and provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage:

a/ The Civil Aviation Authority of Vietnam and regional seagoing ship registry offices shall report to the Ministry of Transport on the registration and provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage.

b/ The Ministry of Transport shall send reports on the registration and provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage to the Ministry of Justice (through the National Registration Agency for Secured Transactions) for summarization and reporting to the Government within 25 days after the end of a reporting period.

4. A reporting period is as follows:

a/ For biannual reports, the period of data collection lasts from October 1 of a year to March 31 of the subsequent year;

b/ For annual reports, the period of data collection lasts from October 1 of a year to September 30 of the subsequent year.

Article 6. Registration applicants and information requesters

1. A registration applicant is one of the parties to a pledge or mortgage contract or a person authorized by one of these parties.

2. In case of change of one party to a pledge or mortgage contract, either the new securing party or new secured party may also act as the change registration applicant.

3. Individuals and institutions may request provision of information on aircraft pledge, aircraft mortgage or seagoing ship mortgage.

Article 7. Declaration of information on involved parties in applications for pledge or mortgage registration

1. Information on involved parties shall be declared as follows:

a/ People’s identity card, for Vietnamese citizens;

b/ Passport, for foreigners;

c/ Permanent residence card, for stateless persons residing in Vietnam;

d/ Business registration certificate or enterprise registration certificate or establishment decision or investment license, for institutions established under Vietnamese law and having made business registration, and foreign investors.

2. Institutions established and operating under foreign laws shall declare their names registered with foreign authorities. In case the registered name of an institution is not written in Latin characters, its transaction name in English must be provided.

Article 8. Time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage and validity duration of aircraft pledge, aircraft mortgage or seagoing ship mortgage registration

1. The time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage is as follows:

a/ The time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage is when information on registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage is entered into the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region.

b/ In case of registration of a change due to addition of a security asset being an aircraft or a seagoing ship, the time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage is when contents of the application for registration of such change are entered into the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region.

c/ In case of registration of change in other registered contents or request for correction of errors made by the registrant, the time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage is the time of initial registration.

2. The time when the registry office receives a registration application dossier serves as a basis for determining the order of entering information into the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region.

3. The validity duration of aircraft pledge, aircraft mortgage or seagoing ship mortgage registration is counted from the time of registration of aircraft pledge, aircraft mortgage or seagoing ship mortgage entered into the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region to the time of aircraft pledge, aircraft mortgage or seagoing ship mortgage deregistration.

Article 9. Documents in registration application dossiers

1. In a registration application dossier, any foreign-language document must be translated into Vietnamese and consularly legalized in accordance with law.

2. A registration application must bear the signature and seal (if any) of the the registration applicant.

3. An application for pledge or mortgage deregistration must bear all signatures and seals (if any) of the parties to the pledge or mortgage contract or their authorized persons.

In case an application for pledge or mortgage deregistration bears only the signature and seal (if any) of the pledgor or mortgagor, there must be a written consent to deregistration of the pledge or mortgage or a document proving that the secured obligation has terminated.

4. A registration application is required to bear only the signature of the head of the team for management and liquidation of assets of the business falling into bankruptcy, in case this person is the registration applicant.

Article 10. Method of and place for filing pledge or mortgage registration dossiers

Registration dossiers shall be filed directly with or sent by post to the head office of the Civil Aviation Authority of Vietnam in case of aircraft pledge or aircraft mortgage registration, or regional seagoing ship registry offices with which seagoing ships have been registered in case of seagoing ship mortgage registration.

Chapter II

AIRCRAFT PLEDGE OR AIRCRAFT MORTGAGE REGISTRATION DOSSIERS AND PROCEDURES

Article 11. Aircraft pledge or aircraft mortgage registration dossier

1. An application for aircraft pledge or aircraft mortgage registration, made according to the form provided in Appendix 01 to this Circular (one original);

2. The aircraft pledge or aircraft mortgage contract (one original);

3. A powers of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 12. Aircraft pledge or aircraft mortgage registration procedures

1. An applicant shall send one (1) dossier set for aircraft pledge or aircraft mortgage registration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Aircraft Register;

b/ Record the date and time of registration (hour, minute, day, month and year) and aircraft pledge or mortgage registration contents under the guidance in the Vietnam Aircraft Register;

c/ Record the date and time of registration (hour, minute, day, month and year) at Point 11, the name of the pledgor or mortgagor at Point 7, and the name of the pledgee or mortgagee at Point 8, Section I of Annex II of the Vietnam Aircraft Register;

d/ Grant an aircraft pledge or mortgage registration certificate, made according to Appendix 02 to this Circular, to the registration applicant, or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation.

3. In case a registration application dossier falls into a case in which registration is rejected specified in Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the Civil Aviation Authority of Vietnam shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 13. Dossiers for registration of change in aircraft pledge or aircraft mortgage registration contents

When any of the grounds specified in Article 12 of Decree No. 83/2010/ND-CP exists, a registration applicant shall compile one (1) dossier set for registration of change in aircraft pledge or aircraft mortgage registration contents, comprising:

1. An application for registration of change in aircraft pledge or aircraft mortgage registration contents, made according to the form provided in Appendix 03 to this Circular (one original);

2. The contract amending and supplementing the aircraft pledge or mortgage contract (one original) or a document evidencing changed contents (one original or certified copy);

3. The aircraft pledge or aircraft mortgage registration certificate (one original);

4. A list of registered aircraft pledge or aircraft mortgage contracts made according to the form provided in Appendix 04 to this Circular (one original), for change in the name of the pledgee or mortgagee or change of the pledgor or mortgagor in many registered secured transactions;

5. A powers of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 14. Procedures for registration of change in aircraft pledge or aircraft mortgage registration contents

1. A registration applicant shall send one (1) dossier set for registration of change in aircraft pledge or aircraft mortgage registration contents to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Aircraft Register;

b/ Record the date and time of registration of the change (hour, minute, day, month and year) and the following details at Point 15, Section I, Appendix II of the Vietnam Aircraft Register:

In case of change of a party or parties to an aircraft pledge or aircraft mortgage contract, write the phrase “change of the pledgor or mortgagor (or the pledgee or mortgagee) into a new pledgor or mortgagor (or a new pledgee or mortgagee) that is named … (name of the changing party) according to the application for registration of change in aircraft pledge or aircraft mortgage contents registered on …/.../…”;

In case of change of the name of a party or parties to an aircraft pledge or aircraft mortgage contract, write the phrase “change of the name of the pledgor or mortgagor (or the pledgee or mortgagee) into a new name … (name of the changing party) according to the application for registration of change in aircraft pledge or aircraft mortgage contents registered on …/.../…”;

In case of withdrawal of part of a pledged or mortgaged asset being an aircraft, write the phrase “withdrawal of part of the pledged or mortgaged asset which is …. (information on withdrawn asset); the remaining part of the pledged or mortgaged asset (information on the remaining part of the asset) according to the application for registration of change in aircraft pledge or aircraft mortgage contents registered on …/.../…”;

In case of addition of a pledged or mortgaged asset being an aircraft, write the phrase “addition of a pledged or mortgaged asset which is … (information on the added asset) according to the application for registration of change in aircraft pledge or aircraft mortgage contents registered on …/.../…”;

In case of replacement of a pledged or mortgaged asset being an aircraft, the Civil Aviation Authority of Vietnam shall guide the registration applicant to file a dossier and carry out procedures for aircraft pledge or mortgage deregistration in accordance with Articles 19 and 20, and procedures for registration of secured transactions in accordance with Articles 11 and 12 of this Circular;

c/ Revoke the granted aircraft pledge or aircraft mortgage registration certificate;

d/ Grant a certificate of registration of change in aircraft pledge or aircraft mortgage registration contents, made according to the form provided in Appendix 05 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation.

3. In case a change registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the Civil Aviation Authority of Vietnam shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 15. Dossier for correction of errors in aircraft pledge or aircraft mortgage registration

1. An application for correction of errors in aircraft pledge or aircraft mortgage registration, made according to the set form provided in Appendix 06 to this Circular (one original);

2. The erroneous aircraft pledge or aircraft mortgage registration certificate granted by the registry office (one original);

3. A power of attorney in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 16. Procedures for correction of errors in aircraft pledge or aircraft mortgage registration caused by registry officers

1. In case a registry officer detects an error in registration contents in the Vietnam Aircraft Register or a certificate, he/she shall:

a/ Correct the erroneous information of aircraft pledge or aircraft mortgage registration in the Vietnam Aircraft Register after reporting it to and obtaining approval of the director of the Civil Aviation Authority of Vietnam;

b/ In case of an error in an aircraft pledge or aircraft mortgage registration certificate, notify such to the registration applicant for revocation of such certificate and send new certificate to the registration applicant at the address indicated in the registration application.

2. In case a registration applicant detects an error in registration contents, the error shall be corrected as follows:

a/ The registration applicant shall file a dossier set of request for correction of the erroneous registration content with the Civil Aviation Authority of Vietnam;

b/ Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registration applicant shall perform the jobs under Clause 1 of this Article.

3. The request for correction of errors made by the registration applicant does not change the time of aircraft pledge or aircraft mortgage registration and is not liable to any fee.

Article 17. Dossier for registration of a written notice of handling of pledged or mortgaged asset being an aircraft in case it has been pledged or mortgaged

1. An application for registration of a written notice of handling of pledged or mortgaged asset being an aircraft, made according to a the form provided in Appendix 07 to this Circular (one original);

2. The written notice of handling of pledged or mortgaged asset being an aircraft (one certified copy or one copy enclosed with the original for comparison);

3. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison);

4. The granted aircraft pledge or aircraft mortgage registration certificate (one original).

Article 18. Procedures for registration of a written notice of handling of pledged or mortgaged asset being an aircraft in case it has been pledged or mortgaged

1. A registration applicant shall file one (1) dossier set for registration of a written notice of handling of pledged or mortgaged asset being an aircraft in case it has been pledged or mortgaged to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Aircraft Register;

b/ Record the date and time of registration (hour, minute, day, month and year) at Point 6, Section II, Appendix II of the Vietnam Aircraft Register; and write the phrase “there has been a written notice of handling of … (name of the handled asset) already pledged or mortgaged with (name of the pledgee or mortgagee) according to the application for registration of a written notice of handling of pledged or mortaged asset dated …/…/…” at Points 1 thru 5 and Point 8, Section II of Annex II of the Vietnam Aircraft Register;

c/ Grant a certificate of registration of a written notice of handling of pledged or mortgaged asset being an aircraft, made according to the form provided in Appendix 08 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation;

d/ Notify in writing the handling of pledged or mortgaged asset being an aircraft to the co-pledgee(s) or co-mortgagee(s), in case such aircraft is used to secure the fulfillment of many civil obligations.

Article 19. Dossiers for aircraft pledge or aircraft mortgage deregistration

When any of the grounds specified in Article 13 of Decree No. 83/2010/ND-CP exists, an aircraft pledge or aircraft mortgage deregistration applicant shall compile one (1) dossier set for deregistration, comprising:

1. An application for aircraft pledge or aircraft mortgage deregistration, made according to the form provided in Appendix 09 to this Circular (one original).

2. The granted aircraft pledge or aircraft mortgage registration certificate (one original).

3. The aircraft pledgee or aircraft mortgagee’s written consent of aircraft pledge or aircraft mortgage deregistration or a document proving that the secured obligation has terminated in case the deregistration applicant is the pledgor or mortgagor.

4. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 20. Procedures for aircraft pledge or aircraft mortgage deregistration

1. A deregistration applicant shall send one (1) dossier set for aircraft pledge or aircraft mortgage deregistration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam Aircraft Register;

b/ Record the date and time of registration (hour, minute, day, month and year) and write the phrase “deregistration of the aircraft pledge or aircraft mortgage between (name of the pledgor or mortgagor) and (name of the pledgee or mortgagee) according to the application for aircraft pledge or aircraft mortgage deregistration dated …/…/…” at Point 15, Section I of Annex II of the Vietnam Aircraft Register;

c/ Revoke the granted aircraft pledge or aircraft mortgage registration certificate;

d/ Grant an aircraft pledge or aircraft mortgage deregistration certificate, made according to the form provided in Appendix 10 to this Circular, to the deregistration applicant or send it by post to the deregistration applicant.

Article 21. Preservation of aircraft pledge or aircraft mortgage registration dossiers

On a case-by-case basis, a preserved aircraft pledge or aircraft mortgage registration dossier comprises:

1. An application for aircraft pledge or aircraft mortgage registration; an application for registration of change in aircraft pledge or aircraft mortgage registration contents; a written request for correction of errors in aircraft pledge or aircraft mortgage registration; an application for registration of a written notice of handling of security asset being an aircraft; or an application for aircraft pledge or aircraft mortgage deregistration (one original);

2. The pledge or mortgage contract; the contract amending and supplementing the pledge or mortgage contract or a document evidencing changed contents (one original or certified copy);

3. A written notice of handling of pledged or mortgaged asset being an aircraft (one original);

4. The pledgee’s or the mortgagee’s written consent of pledge or mortgage deregistration or a document evidencing the secured obligation has terminated, in case the deregistration application bears only the signature and seal of the pledgor or mortgagor (one original);

5. A power of attorney, in case the registration applicant is an authorized person (one copy);

6. The aircraft pledge or mortgage registration certificate; the certificate of registration of change in aircraft pledge or mortgage registration contents; the certificate of registration of a written notice of handling of pledged or mortgaged asset being an aircraft; or the certificate of aircraft pledge or aircraft mortgage deregistration (one original).

Chapter III

SEAGOING SHIP MORTGAGE REGISTRATION DOSSIERS AND PROCEDURES

Article 22. Seagoing ship mortgage registration dossier

1. An application for seagoing ship mortgage registration, made according to the form provided in Appendix 11 to this Circular (one original);

2. The seagoing ship mortgage contract (one original);

3. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 23. Seagoing mortgage registration procedures

1. An applicant shall send one (1) dossier set for seagoing ship mortgage registration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Seagoing Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) and mortgage registration contents under the guidance in the Vietnam National Seagoing Ship Register in the region;

c/ Record the date and time of registration (hour, minute, day, month and year) in the column “date” and write the phrase “seagoing ship mortgage between (name of the mortgagor) and (name of the mortgagee) under mortgage contract or credit contract (in case the mortgage is stated in a credit contract) No…./… dated …/…/…” in the column “registration contents” in Section IV of the Vietnam National Seagoing Ship Register in the region;

d/ Grant a seagoing ship mortgage registration certificate, made according to Appendix 12 to this Circular, to the registration applicant, or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation.

3. In case a registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the regional seagoing ship registry office shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 24. Dossiers for registration of change in seagoing ship mortgage registration contents

When any of the grounds specified in Article 12 of Decree No. 83/2010/ND-CP exists, a registration applicant shall compile one (1) dossier set for registration of change in seagoing ship mortgage registration contents, comprising:

1. An application for registration of change in seagoing ship mortgage registration contents, made according to the form provided in Appendix 13 to this Circular (one original);

2. The contract amending and supplementing the seagoing ship mortgage contract (one original) or a document evidencing changed contents (one original or one certified copy);

3. The granted seagoing ship mortgage registration certificate (one original);

4. A list of registered seagoing ship mortgage contracts made according to the form provided in Appendix 14 to this Circular (one original), for change in the name of the mortgagee or change of the mortgagor in many registered seagoing ship mortgage contracts;

5. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 25. Procedures for registration of change in seagoing ship mortgage registration contents

1. A registration applicant shall send one (1) dossier set for registration of change in aircraft pledge or aircraft mortgage registration contents to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Seagoing Ship Register in the region;

b/ Record the date and time of registration of the change (hour, minute, day, month and year) in the column “date” and write the following in the column “registration contents” in Section IV of the Vietnam National Seagoing Ship Register in the region:

In case of change of a party or parties to a seagoing ship mortgage contract, write the phrase “change of the mortgagor (or the mortgagee) into a new mortgagor (or a new mortgagee) that is … (name of the changing party) according to the application for registration of change in seagoing ship mortgage contents registered on …/.../…”;

In case of change of the name of a party or parties to the seagoing ship mortgage contract, write the phrase “change of the name of the mortgagor (or the mortgagee) into a new name … (name of the changing party) according to the application for registration of change in seagoing ship mortgage contents registered on …/.../…”;

In case of withdrawal of part of a security asset being a seagoing ship, write the phrase “withdrawal of part of the mortgaged asset which is …. (information on withdrawn asset); the remaining part of the mortgaged asset (information on the remaining part of the asset) according to the application for registration of change in seagoing ship mortgage contents registered on …/.../…”;

In case of addition of a security asset being a seagoing ship, write the phrase “addition of a mortgaged asset which is … (information on the added asset) according to the application for registration of change in seagoing ship mortgage contents registered on …/.../…”;

In case of replacement of a mortgaged asset being a seagoing ship, the registry office shall guide the registration applicant to file a dossier and carry out procedures for seagoing ship mortgage deregistration in accordance with Articles 30 and 31, and procedures for mortgage registration in accordance with Articles 22 and 23 of this Circular;

c/ Revoke the granted seagoing ship mortgage registration certificate;

d/ Grant a certificate of registration of change in seagoing ship mortgage registration contents, made according to the form provided in Appendix 15 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation.

3. In case a change registration application dossier falls into a case in which registration is rejected under Clause 1, Article 11 of Decree No. 83/2010/ND-CP, the registry office shall notify in writing its rejection of registration (clearly stating the reason), return the application dossier and guide the registration applicant in strictly complying with law.

Article 26. Dossier for correction of errors in seagoing ship mortgage registration

1. An application for correction of errors in seagoing ship mortgage registration, made according to the form provided in Appendix 16 to this Circular (one original);

2. The erroneous seagoing ship mortgage registration certificate granted by the registry office (one original);

3. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 27. Procedures for correction of errors in seagoing ship mortgage registration caused by registry officers

1. In case a registry officer detects an error in registration contents in the Vietnam National Seagoing Ship Register or in a certificate, he/she shall:

a/ Report it to the head of the regional seagoing ship registry office for consideration and decision on information correction;

b/ Correct the erroneous information content of seagoing ship mortgage registration in the Vietnam National Seagoing Ship Register in the region and grant a new seagoing ship mortgage registration certificate to the registration applicant at the address indicated in the registration application;

c/ In case of an error in a seagoing ship mortgage registration certificate, revoke such certificate and grant a new one to the registration applicant at the address indicated in the registration application.

2. In case the registration applicant detects an error in registration contents, the error shall be corrected as follows:

a/ The registration applicant shall file a dossier set of request for correction of the erroneous registration content with the regional seagoing ship registry office with which the registration has been made;

b/ Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registration applicant shall perform the jobs under Points b and c, Clause 1 of this Article.

3. The correction of errors made by the registration applicant does not change the time of seagoing ship mortgage registration and is not liable to any fee.

Article 28. Dossier for registration of a written notice of handling of the mortgaged asset being a seagoing ship in case the mortgage has been registered

1. An application for registration of a written notice of handling of the mortgaged asset being a seagoing ship, made according to the form provided in Appendix 17 to this Circular (one original);

2. The written notice of handling of the mortgaged asset being a seagoing ship (one certified copy or one copy enclosed with the original for comparison);

3. The granted seagoing ship mortgage registration certificate (one original);

4. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 29. Procedures for registration of a written notice of handling of the mortgaged asset being a seagoing ship in case the mortgage has been registered

1. A registration applicant shall send one (1) dossier set for registration of a written notice of handling of mortgaged asset being a seagoing ship in case the mortgage has been registered to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Seagoing Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) in the column “date” and write the phrase “registration of a written notice of handling of … (name of the handled asset) mortgaged with (name of the mortgagee) according to the application for registration of a written notice of handling of mortgaged asset dated …/…/…” in the column “registration contents” of Section IV of the Vietnam National Seagoing Ship Register in the region;

c/ Grant a certificate of registration of a written notice of handling of mortgaged asset being a seagoing ship, made according to the form provided in Appendix 18 to this Circular, to the registration applicant or send it by post to the registration applicant after receiving a receipt evidencing the fulfillment of the financial obligation;

d/ Notify in writing the handling of mortgaged asset being a seagoing ship to the co-mortgagees in case such seagoing ship is used to secure the fulfillment of many civil obligations.

Article 30. Dossiers for seagoing ship mortgage deregistration

When any of the grounds specified in Article 13 of Decree No. 83/2010/ND-CP exists, a seagoing ship mortgage deregistration applicant shall compile one (1) dossier set for deregistration, comprising:

1. An application for seagoing ship mortgage deregistration, made according to the form provided in Appendix 19 to this Circular (one original);

2. The granted seagoing ship mortgage registration certificate (one original);

3. The seagoing ship mortgagee’s written consent of seagoing ship mortgage deregistration or a document proving that the secured obligation has terminated, in case the deregistration applicant is the mortgagor;

4. A power of attorney, in case the registration applicant is an authorized person (one certified copy or one copy enclosed with the original for comparison).

Article 31. Procedures for seagoing ship mortgage deregistration

1. A deregistration applicant shall send one (1) dossier set for seagoing ship mortgage deregistration to the place and by the method specified in Article 10 of this Circular.

2. Within the time limit for dossier processing specified in Article 18 of Decree No. 83/2010/ND-CP, the registry officer shall:

a/ Verify and compare information in the dossier with information contained in the Vietnam National Seagoing Ship Register in the region;

b/ Record the date and time of registration (hour, minute, day, month and year) in the column “date” and write the phrase “deregistration of the seagoing ship mortgage between (name of the mortgagor) and (name of the mortgagee) according to the application for seagoing ship mortgage deregistration dated …/…/…” in the column “registration contents” of Section IV of the Vietnam National Seagoing Ship Register in the region;

c/ Revoke the granted seagoing ship mortgage registration certificate;

d/ Grant a seagoing ship mortgage deregistration certificate, made according to the form provided in Appendix 20 to this Circular, to the deregistration applicant or send it by post to the deregistration applicant after receiving a receipt evidencing the fulfillment of the financial obligation.

Article 32. Preservation of seagoing ship mortgage registration dossiers

On a case-by-case basis, a preserved seagoing ship mortgage registration dossier comprises:

1. An application for seagoing ship mortgage registration; an application for registration of change in seagoing ship mortgage registration contents; a written request for correction of errors in seagoing ship mortgage registration; an application for registration of a written notice of handling of security asset being a seagoing ship; or an application for seagoing mortgage deregistration (one original);

2. The mortgage contract; the contract amending and supplementing the mortgage contract or a document evidencing changed contents (one original or one certified copy);

3. A written notice of handling of mortgaged asset being a seagoing ship (one original);

4. The mortgagee’s written consent of mortgage deregistration or a document evidencing the secured obligation has terminated, in case the deregistration application bears only the signature and seal of the mortgagor (one original);

5. A power of attorney, in case the registration applicant is an authorized person (one copy);

6. The seagoing ship mortgage registration certificate; the certificate of registration of change in seagoing ship mortgage registration contents; the certificate of registration of a written notice of handling of mortgaged asset being a seagoing ship; or the certificate of seagoing ship mortgage deregistration (one original).

Chapter IV

PROVISION OF INFORMATION ON AIRCRAFT PLEDGE, AIRCRAFT MORTGAGE OR SEAGOING SHIP MORTGAGE

Article 33. Filing of requests for information

1. An individual or institution that wishes to acquire information on an aircraft pledge or aircraft mortgage shall file one (1) written request for information on such aircraft pledge or aircraft mortgage (one original), made according to the form provided in Appendix 21 to this Circular, with the Civil Aviation Authority of Vietnam, by one of the methods specified in Clause 1, Article 42 of Decree No. 83/2010/ND-CP.

2. An individual or institution that wishes to acquire information on a seagoing ship mortgage shall file one (1) written request for information on such seagoing ship mortgage (one original), made according to the form provided in Appendix 22 to this Circular, with the regional seagoing ship registry office by one of the methods specified in Clause 1, Article 42 of Decree No. 83/2010/ND-CP.

Article 34. Receipt of written requests for information

1. After receiving a written request for information, a registry office shall examine its validity.

2. In case a written request for information is improperly made or falls beyond the competence of the registry office, the registry office shall notify in writing its rejection, return the registration dossier and guide the registration applicant in complying with regulations.

Article 35. Response to written requests for information

Within the time limit for dossier processing specified in Article 44 of Decree No. 83/2010/ND-CP, the registry office shall search information contained in the Vietnam Aircraft Register or the Vietnam National Seagoing Ship Register in the region and issue a document providing information on aircraft pledge, aircraft mortgage or seagoing ship mortgage to the information requester.

Article 36. Notification of information provision results

Information requesters shall receive documents providing information (one original each) directly at registry offices or by post.

Article 37. Preservation of information provision dossiers

Registry offices shall preserve information provision dossiers, each comprising the following:

1. A written request for information (one original);

2. A document providing information with the registry office’s certification (one original).

Chapter V

IMPLEMENTATION PROVISIONS

Article 38. Effect

1. This Circular takes effect on May 15, 2012.

2. Attached to this Circular are the following appendices:

2.1. Appendix 01: Form of application for registration of aircraft pledge or aircraft mortgage;

2.2. Appendix 02: Form of aircraft pledge or aircraft mortgage registration certificate;

2.3. Appendix 03: Form of application for registration of change in aircraft pledge or aircraft mortgage registration contents;

2.4. Appendix 04: Form of list of registered aircraft pledge or aircraft mortgage contracts;

2.5. Appendix 05: Form of certificate of registration of change in aircraft pledge or aircraft mortgage registration contents;

2.6. Appendix 06: Form of written request for correction of errors in aircraft pledge or aircraft mortgage registration;

2.7. Appendix 07: Form of application for registration of written notice of handling of pledged or mortgaged asset being an aircraft;

2.8. Appendix 08: Form of certificate of registration of written notice of handling of pledged or mortgaged asset being an aircraft;

2.9. Appendix 09: Form of application for aircraft pledge or aircraft mortgage deregistration;

2.10. Appendix 10: Form of certificate of aircraft pledge or aircraft mortgage deregistration;

2.11. Appendix 11: Form of application for seagoing ship mortgage registration;

2.12. Appendix 12: Form of certificate of seagoing ship mortgage registration;

2.13. Appendix 13: Form of application for registration of change in seagoing ship mortgage registration contents;

2.14. Appendix 14: Form of list of registered seagoing ship mortgage contracts;

2.15. Appendix 15: Form of certificate of registration of change in seagoing ship mortgage registration contents;

2.16. Appendix 16: Form of written request for correction of errors in seagoing ship mortgage registration;

2.17. Appendix 17: Form of application for registration of written notice of handling of mortgaged asset being a seagoing ship;

2.18. Appendix 18: Form of certificate of registration of written notice of handling of mortgaged asset being a seagoing ship;

2.19. Appendix 19: Form of application for seagoing ship mortgage deregistration;

2.20. Appendix 20: Form of certificate of seagoing ship mortgage deregistration;

2.21. Appendix 21: Form of written request for information on aircraft pledge or aircraft mortgage;

2.22. Appendix 22: Form of written request for information on seagoing ship mortgage.

All the above appendices are not translated into English and printed herein.

Article 39. Transitional provisions

1. For individuals or institutions that file registration dossiers or written requests for information on aircraft pledge, aircraft mortgage or seagoing ship mortgage before the effective date of this Circular and their dossiers or requests remain unsettled, registry offices shall perform registration or provide information according to the procedures specified in this Circular.

2. In case individuals or institutions that have registered aircraft pledges, aircraft mortgages or seagoing ship mortgages, changes in registration contents or written notices on asset handling in accordance with the Government’s Decree No. 70/2007/ND-CP of April 20, 2007, on registration of nationality of and rights to civil aircraft, and Decree No. 29/2009/ND-CP of March 26, 2009, on seagoing registration, purchase and sale, wish to register changes in registration contents or written notices on handling of security assets or to have deregistration after the effective date of this Circular, they shall comply with this Circular.

Article 40. Implementation responsibility

Any difficulties or problems arising in the course of implementation should be promptly reported to the Ministry of Justice and the Ministry of Transport for coordinated consideration and settlement.-

Minister of Justice
HA HUNG CUONG

Minister of Transport
DINH LA THANG