According to Clause 3 Article 14 of Circular No. 01/2020/TT-BTP, in case a person authorizes another one to take part in separation, disposition of land use right, it is not allow making the letter of attorney, instead it is required to conclude the contract of authorization which is notarized or authenticated.
This Decree provides for the fighting of spam messages, spam emails and spam calls; regulations on advertising messages (SMS, MMS, USSD), emails and calls. Read more
This Law allows parties in a lawsuit to conduct mediation for a case before the court accepts a civil case. Mediation shall be conducted at the court under the participation of mediator at court. Information relating to mediation must be kept confidential Read more
Parties are allowed to conduct mediation with regard to any agreement provided that the content of such agreement does not violate the prohibition of the law, is not contrary to social ethics, is not intended to evade obligations to the State.
This Law takes effect from January 1st, 2021.
From June 1st, 2020 to December 31st, 2020, fees for registration of secured transactions and fee for provision of information on secured transactions as regulated at Circular No. 202/2016/TT-BTC and Circular No. 113/2017/TT-BTC shall be reduced by 20%. Read more
Particularly, fee collectors (Centers for registration of transactions and assets) shall be exempt from submitting the 20% reduction into the State budget.
This Circular takes effect from June 1st, 2010 to the end of December 31st, 2020.
This Circular provides guidelines for registration of and provision of information about security interests, property lease contracts, financial lease contracts and contracts for transfer of the debt collection right; exchange of information about registration of security interests with Centers for Registration of Transactions and Assets of the National Registration Agency for Secured Transactions affiliated to the Ministry of Justice. Read more
Accordingly, the security interests are registered upon request includes: mortgage of movable property (including off-the-plan movable property); retention of title in the case of purchase of movable property (Clause 1 Article 5).
With regard to contracts that are registered upon request include: property lease contracts in effect for a minimum term of one year; financial lease contracts; contracts for transfer of the debt collection right (including both the existing and the future debt collection right) (Clause 2 Article 5).
For collateral that may be registered upon request includes: automobiles, motorcycles, other road motor vehicles; railway vehicles; fishing vessels; inland watercrafts; machinery, equipment, production line, raw materials, fuels, materials, consumer goods; Vietnamese currency and foreign currencies, precious metals, gemstones; stakes; valuable papers; profits; property rights; houses and other works that are temporarily built; other movable property (Article 6).
Individuals and juridical persons may select any Registration Center in the country to apply for registration of and ask for information about security interests and contracts (Article 3).
This Circular takes effect from August 4th, 2018. To replace Circular No. 22/2010/TT-BTP dated December 6th, 2010; Circular No. 05/2011/TT-BTP dated February 16th, 2011; Circular No. 08/2014/TT-BTP dated February 26th, 2014 and Circular No. 11/2015/TT-BTP dated September 1st, 2015.
In comparison with the earlier regulations, this Decree supplements procedures for establishing the all-people ownership of property transferred to the State under PPP project contracts Read more
Accordingly, within the maximum duration of 01 year prior to transfer or within the period agreed upon in a project contract, the project enterprise shall be obliged to publish the transfer of its property, duration of contract discharge on newspapers.
The project enterprise must ensure that the transferred property is not used as security for financial or other obligations of the project enterprise before the date of transfer.
One of the noticeable new points of this Decree is the addition to cases having to register secured transaction. Read more
Accordingly, apart from transactions of mortgage of land use rights, pledge or mortgage of aircrafts, mortgage of seagoing ships, currently, the transaction of mortgage of property on land whose ownership has been certified shall be also subject to the registration.
This Decree takes effect from October 15th, 2017 and replaces Decree No. 83/2010/ND-CP dated July 23rd, 2010.
To abolish Article 1 of Decree No. 05/2012/ND-CP dated February 2nd, 2012.
The charges for registration for secured transactions prescribed in this Circular are not changed in comparison with those provided in Joint Circular No. 69/2011/TTLT-BTC-BTP. In particular, charge for initial registration is VND 80,000/application; charge for registration for revision to a registered secured transaction is VND 60,000/application; charge for registration for the notice of collateral settlement is VND 70,000/application; and charge for removal of secured transaction registration is VND 20,000/application. Read more
However, this Circular supplements the charge for issuance of a copy of a certificate of secured transaction registration which is VND 30,000/case
This Circular takes effect from January 1st, 2017. To replaces Joint Circular No. 69/2011/TTLT-BTC-BTP dated May 18th, 2011.
In comparison with the earlier provisions, this Joint Circular enlarges scope of competence to request Vietnamese judicial request. Accordingly, apart from People’s Courts, People’s Procuracies and civil enforcement Agencies are also competent to request Vietnamese judicial request (Article 10) Read more
Regarding costs of executing Vietnamese judicial requests, Article 7 of this Joint Circular specifies that in a case where the actual costs have not been determined at the time which the Vietnamese judicial requesting authority prepare documents, such authority shall notify the Vietnamese request payer of paying an advance of VND 3 million to the civil enforcement agency of the province where the Vietnamese judicial requesting authority is located. The amount of such advance shall cover the actual costs at the request of the foreign competent authorities and expenses associated with fund transfer abroad made by the civil enforcement agency.
This Joint Circular takes effect from December 6th, 2016 and replaces Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15th, 2011
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