THE STATE BANK
THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 02/2002/TTLT-NHNN-BTP
Hanoi, February 05, 2002
 
 JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION No. 149/2001/QD-TTg OF OCTOBER 5, 2001 ON THE PROCEDURES FOR THE SALE OF SECURITY PROPERTIES AS WELL AS THE NOTARIZATION AND AUTHENTICATION OF DOCUMENTS ON THE SALE AND HAND-OVER OF PROPERTIES TO COMMERCIAL BANKS UNDER COURTS' JUDGMENTS AND/OR RULINGS
Pursuant to Clause 2 and Clause 4, Article 3 of the Prime Minister's Decision No. 149/2001/QD-TTg of October 5, 2001 approving the Scheme on the handling of commercial banks’ outstanding debts (hereinafter called Decision No. 149/2001/QD-TTg);
In order to implement the Scheme on the handling of commercial banks’ outstanding debts already approved by the Prime Minister, thus creating conditions for the banks to handle security properties for outstanding debts in a public, prompt and lawful manner, Vietnam State Bank and the Ministry of Justice hereby jointly guide the implementation of the procedures for the sale of security properties as well as the notarization and authentication of documents on the sale and hand-over of the properties to commercial banks under courts’ judgments and/or rulings as follows:
I. SCOPE OF APPLICATION
1. This Circular shall apply to the handling of security properties according to various forms of selling security properties prescribed at Point 3.1.a, Clause 3, Article 1 of Decision No. 149/2001/QD-TTg for outstanding debts with security properties owed to commercial banks by December 31, 2000.
2. Security properties for outstanding debts allowed to be sold under the guidance in this Circular, including the properties being the land use right and assets affixed to land, are:
a) Security properties which are handed over to commercial banks by courts under their effective judgments and/or rulings;
b) Pledged and mortgaged properties which fall under the commercial banks’ disposing competence, are not involved in any disputes being settled by competent State agencies and have the following papers:
- Contracts on property pledge and/or mortgage (whether or not notarized or authenticated);
- Certificates of rights to own or use the properties or other valid substitute papers.
The valid substitute papers may be those prescribed at Point 2, Clause 3, Article 1 of the Government’s Decree No. 79/2001/ND-CP of November 1, 2001 amending and supplementing a number of articles of the Government’s Decree No. 17/1999/ND-CP of March 29, 1999 on the procedures for the exchange, transfer, lease, sublease and inheritance of the land use right as well as the mortgage of and capital contribution with the land use right value or papers evidencing the rights to own or to use the properties such as: contracts on the sale and purchase, presentation, donation, transfer, enclosed with original papers on the properties; sale and purchase invoices as stipulated by the Ministry of Finance; vouchers on the payment for goods purchase; documents on the hand-over of the properties by competent State agencies, for State enterprises; record on the project pre-acceptance test; and other valid papers (if any).
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