THE  MINISTRY OF JUSTICE

Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice on amending Circular No. 05/2011/TT-BTP guiding registration and provision of information on secured transaction, contract and notification of property distrait for judgment enforcement by direct method, post, fax, email in property transaction registration center of secured transaction registration department of the ministry of Justice and Circular No. 22/2010/TT-BTP guiding the registration and provision of online information on secured transaction, contract and notification of property record for judgment enforcement
Pursuant to Civil Code dated June 14, 2005;
Pursuant to the Law on Electronic Transactions dated November 29, 2005;
Pursuant to the Law on Enforcement of Civil Judgments dated November 14, 2008;
Pursuant to Decree No. 65/2005/ND-CP dated May 19, 2005 of the Government amending and supplementing a number of articles of Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on organization and operation of financial leasing company;
Pursuant to Decree No. 95/2008/ND-CP dated August 25, 2008 of the Government amending and supplementing a number of articles of Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on organization and operation of financial leasing company;
Pursuant to Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction;
Pursuant to Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transaction;
Pursuant to Decree No. 11/2012/ND-CP dated February 22, 2012 of the Government amending and supplementing a number of articles of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction;

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Pursuant to Decree No. 22/2013/ND-CP dated March 13, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Justice.
Registration The Minister of Justice issues Circular amending and supplementing a number of articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding a number of issues on registration, provision of information on secured transaction, contract and notification of property record for judgment enforcement under the direct method, mail, fax, e-mail at the property transaction registration center of the Department National Secured Transaction of the Ministry of Justice and Circular No. 22/2010/TT-BTP dated December 6, 2010 of the Ministry of Justice guiding the registration and provision of online information on secured transaction, contract and notification of property record for judgment enforcement;
Article 1. To amend and supplement a number of articles of Circular No. 05/2011/TT-BTP dated February 16, 2011 of the Ministry of Justice guiding a number of matters on registering, supplying of information on security transactions, contract, written notice of record assets for the performance of judgment 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
1. To amend Clause 2, Article 2 as follows:
“2. The types of contract which are not the hire purchase contract of civil airplane under regulation of law on aviation, the hire purchase contract of foreign ship of Vietnamese organizations and individuals under the regulations on registration and sale and purchase of ship registered, particularly:
2.1. Purchase contract with deferred payment or installment payment may retain the seller’s ownership (hereafter collectively referred to as contract with deferred payment or installment payment) specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP dated December 29, 2006 of the Government on secured transaction (hereinafter referred to as Decree No. 163/2006/ND-CP);
2.2. Property lease contract with a term of one year or more specified in Clause 2, Article 13 of Decree No. 163/2006/ND-CP includes:
a) Contract with property lease term of one year or more;
b) Contracts with a property lease term of less than one year, but the contracting parties have agreed upon the renewal and total lease term (including the renewal) from a year or more;

 

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