Chapter III
PROVISION OF INFORMATION ABOUT SECURITY INTERESTS
Section 1. PROVISION OF INFORMATION ON REQUESTS OF REQUESTERS
Article 50. Information to be provided, methods of requesting information provision
1. Information to be provided is information about registered security interest and within the scope of request of requesters.
2. Information requesters shall follow one of the following methods:
a) As for information about security interests in seagoing ships, movable property, annual trees, temporary works, submit a request for information provision according to Form No. 09d or Form No. 12c in the Appendix to the registry according to the respective competence specified in Clause 3 or 5, Article 10 of this Decree and in the manner specified in Article 13 of this Decree. In case the request for information provision is filed through the online registration system, the provisions of the registration application in Article 24 of this Decree shall apply.
As for information on security interests in the form of land use rights, property on land, rights to use sea areas, properties attached to sea areas or for aircraft, the request for information provision to the registry shall be carried out in accordance with the law on land, exploitation and utilization of marine resources or the law on aviation;
b) Self-searching information in the Database through the database user code.
Organizations and individuals that search for information themselves according to this Point have the right to request the competent authority specified in Clause 3, Article 23 of this Decree to grant the database user code through the online registration interface or submit a written request to this agency.
The database user code can be a regular-use code or a one-time-use code in information searching.
Article 51. Procedures for handling requests for providing information by registries
1. The registry refuses to provide information and makes the refusal according to Clause 2, Article 15 of this Decree when having one of the following grounds:
a) The request for providing information is made ultra vires;
b) The application form for information is made not in accordance with the instructions on declaration on Form No. 09d, Form No. 12c in the Appendix, or inconsistence with the provisions of the law on land, exploitation and use of marine resources or the law of aviation;
c) The information requester does not pay the registration fee, unless otherwise provided by the law on fees and charges or other relevant laws.
2. If there are no grounds specified in Clause 1 of this Article, the registry shall return the information provision results to the requester within the time limit specified in Article 16 of this Decree and in the manner specified in Article 17 of this Decree.
3. The use of signatures and seals in providing information shall comply with Article 12 of this Decree.
Section 2. INFORMATION PROVISION BETWEEN REGISTRIES AND COMPETENT AGENCIES AND COMPETENT PERSONS
Article 52. Competent agencies and competent persons in information provision
1. The National Register of Secured Transactions under the Ministry of Justice; competent authorities specified in Clauses 1, 2, 3, 4 and 6, Article 10 of this Decree, unless the law on land, exploitation and utilization of marine resources, aviation or marine law otherwise stipulate.
2. Agencies competent to register ownership, use rights or circulation rights of assets.
3. People's Courts, People's Courts, Arbitrators, People's Procuracy, investigating bodies, competent persons of these agencies.
4. Civil judgment enforcement agencies, enforcers.
5. Other competent state agencies as prescribed by law, competent persons of these agencies.
Article 53. Information to be provided, methods and time limit for information provision
1. The information provision between competent agencies and competent persons specified in Article 52 of this Decree do not apply to cases where competent agencies and competent persons specified in Clauses 3, 4 and 5 Article 52 of this Decree to serve or send legally effective judgments or decisions for the registries to enforce according to the procedural law, the law on civil judgment enforcement, other relevant laws.
2. Information provided by competent agencies and competent persons specified in Article 52 of this Decree is for coordination in performing state management, administrative procedures, and support in civil proceedings and judgment enforcement activities, including:
a) Information relating to the grantor, the secured party, the collateral, the time of registration or other information saved in the Register or the Database established by the competent authority specified in Clause 1 Article 52 of this Decree to provide upon request to the competent agencies and competent persons specified in Clauses 2, 3, 4 and 5, Article 52 of this Decree;
b) Information related to property provided by the competent authority or person specified in Clauses 2, 3, 4 and 5, Article 52 of this Decree to the competent authority specified in Clause 1 Article 52 of this Decree.
3. The provision of information specified in Clause 2 of this Article must comply with the form and time limit specified in the written request of the competent authority or person and in accordance with the law on proceedings, the law on civil judgment enforcement or other relevant laws, except for the case specified in Clause 4 of this Article.
4. In case a competent agency or a competent person specified in Article 52 of this Decree requests the grant of a database user code to look up information in the database for movables, the National Register of Secured Transactions under the Ministry of Justice is responsible for granting this code to the competent authority or person.
In case the collateral is a road motor vehicle, the Ministry of Justice shall coordinate with the Ministry of Public Security in connecting and sharing digital data on registration of security interests in road motor vehicles through the National Document Interoperability in accordance with the law on data management, connection and sharing.
5. The issuance of codes to use the database to provide information between competent agencies and competent persons specified in Article 52 of this Decree with respect to land use rights and property on land, the right to use the sea area, property on the sea area or for aircraft and seagoing ships shall comply with law on land, exploitation and utilization of marine resources, and aviation or marine.
Tìm kiếm
Nghị định 99/2022/NĐ-CP về đăng ký biện pháp bảo đảm (Bản Word)
Nghị định 99/2022/NĐ-CP về đăng ký biện pháp bảo đảm (Bản Pdf)
