Joint Circular No. 03/2007/TTLT-BTC-BTP dated January 10, 2007 of the Ministry of Finance and the Ministry of Justice on regime for collection, payment, management and use of fees for registration of, and provision of information on, security transactions
THE MINISTRY OF FINANCE
THE MINISTRY OF JUSTICE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 10, 2007
ON REGIME FOR COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR REGISTRATION OF, AND PROVISION OF INFORMATION ON, SECURITY TRANSACTIONS
Pursuant to Decree 57-2002-ND-CP of the Government dated 3 June 2002 providing detailed regulations for implementation of the Ordinance on Fees and Charges, and pursuant to Decree 24-2006-ND-CP of the Government dated 6 March 2006 amending Decree 57-2002-ND-CP above;
Pursuant to Decree 08-2000-ND-CP of the Government dated 10 March 2000 on registration of security transactions;
Pursuant to Decree 16-2001-ND-CP of the Government dated 2 May 2001 on organization and operation of finance leasing companies as amended by Decree 65-2005-ND-CP of the Government dated 19 May 2005;
Pursuant to Decree 181-2004-ND-CP of the Government dated 29 October 2004 on Implementation of the Law on Land;
Pursuant to Decree 49-2006-ND-CP of the Government dated 18 May 2006 on registration, purchase and sale of ships;
In implementation of the opinion of the Prime Minister of the Government in Official Letter 7643-VPCP-V.III of the Government office dated 29 December 2006;
The Ministry of Finance and the Ministry of Justice jointly provide the following guidelines on the regime for collection, payment, management and use of fees for registration of, and provision of information on, security transactions:
I. GOVERNING SCOPE
1. Any organization or individual applying for registration of a security transaction, of a finance lease contract or of any other transaction or asset in accordance with law (hereinafter all referred to as registration of a security transaction) at a security transaction registration office shall be liable to pay fees for registration of the security transaction in accordance with the provisions in this Circular.
2. Any organization or individual applying to a security transaction registration office for provision of information about a security transaction and supplied with such information shall be liable to pay fees for provision of information in accordance with the provisions in this Circular.
3. Fees for registration of a security transaction shall not be collected in the following cases:
(a) Registration of a mortgage of land use right and property attached to land by a family household or individual with permanent residential registration within a locality and who [uses such land for] agricultural, forestry, aquaculture or salt mining production;
(b) An application for amendment of an error in a certificate of registration of a security transaction or in a certificate of registration of a finance lease contract when such error was the fault of the registrar;
(c) An application for cancellation of registration of a security transaction or finance lease contract;
(d)2 Registration of and provision of information about a security transaction relating to assets attached [or seized] to enforce a judgment, when the enforcement office provides a notice of such attachment [or seizure] of assets at the Transaction and Assets Registration Centre.
4. Security transaction registration offices shall collect registration fees and fees for provision of information on security transactions pursuant to the provisions in this Circular, such offices to comprise:
(a) Transaction and Assets Registration Centres of the National Registry for Registration of Security Transactions under the Ministry of Justice;
(b) Local Shipping Registration Offices;
(c) Land Use Right Registration Offices under the Department of Natural Resources and Environment; Land Use Right Registration Offices under the Office for Natural Resources and Environment of district people's committees; Offices for Natural Resources and Environment in the case of localities which have not established a Land Use Right Registration Office; and people's committees of wards which have been delegated authority by the Office for Natural Resources and Environment.
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