THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 05/2011/TT-BTP
Hanoi, February 16, 2011
 
CIRCULAR
GUIDING A NUMBER OF MATTERS ON REGISTERING, SUPPLYING OF INFORMATION ON SECURITY TRANSACTIONS, CONTRACT, WRITTEN NOTICE OF DISTRAIN ASSETS FOR THE PERFORMANCE OF JUDGEMENT IN THE DIRECT MANNER, POST OFFICE, FAX, EMAIL AT THE REGISTRATION CENTER ON TRANSACTIONS, ASSETS OF THE NATIONAL REGISTRY OF SECURED TRANSACTION UNDER THE MINISTRY OF JUSTICE
 
Pursuant to the Civil Code of June 16, 2005;
Pursuant to the Law on enforcement of Civil judgments;
Pursuant to the Government’s Decree No.65/2005/ND-CP of May 19, 2005 regulating on amending and supplementing a number of articles of the Government’s Decree No.16/2001/ND-CP, of May 02, 2001 on operation and activities of financial leasing companies;
Pursuant to the Government’s Decree No.163/2006/ND-CP, of December 29, 2006 on secured transaction;
Pursuant to the Government’s Decree No.83/2010/ND-CP, of July 23, 2008, on registration of secured transaction;
Pursuant to the Government’s Decree No. 93/2008/ND-CP, of August 22, 2008, regulating on function, tasks, powers and organizational structure of the Ministry of Justice;
In order to ensure the uniformity of the applying provisions of law on registering, supplying of information on security transactions, contracts, written notice of distrain assets for performance of judgment in the direct manner, post office, fax, email, the Ministry of Justice guiding a number of following matters:
Chapter 1.
GENERAL PROVISIONS
Article 1. The scope of application
This Circular guiding a number of matters on registering, supplying information on security transaction, contracts for purchase by deferred or instalment payment which reserve the seller's rights, property lease contracts, finance lease contracts, and contracts assigning the right to reclaim a debt and written notice of distrain assets for performance of judgment, supplying of information on distrained assets which are conducted in direct manner, post office, fax, email at Registration centers of Transactions and Assets of the National Office for registration of security transactions under the Ministry of Justice (hereinafter referred to as Registration Centers).
Article 2. Cases of registration of security transactions, contracts and written notice of distrain assets
1. Registration of security transactions (except of guarantees and trust cases) includes the following cases:
1.1. The mortgage of asset, including of The mortgage of an asset which shall form in future, The asset pledge, deposits or escrow accounts, collateral;
1.2. Change, repair mistake, delete registration of security transaction stated in the point 1.1, item 1 of this article;
1.3. Written notices on disposal of security assets for the registered security transaction.