Chương IV Nghị định 99/2022/NĐ-CP về đăng ký biện pháp bảo đảm: Quản lý nhà nước về đăng ký biện pháp bảo đảm

Chapter IV

ROLES OF REGULATORY AGENCIES IN SECURITY INTEREST REGISTRATION

Article 54. Roles of regulatory agencies in security interest registration

1. Formulating, and directing the implementation of strategies and policies for development of the security interest registration system nationwide.

2. Promulgating, and organizing the implementation of, legal documents on security interest registration.

3. Organizing and managing security interest registration activities: establishing and managing security interest registries: providing guidance, training and retraining in professional operations of security interest registration.

4. Building, operating and managing the database; managing, connecting and sharing data on security interest registration.

5. Raising public awareness of law on security interest registration.

6. Engaging international cooperation in accordance with law on information related to state management specified in this Article.

7. Making statistics on registered security interests, summarizing and reporting these statistics to competent agencies.

8. Inspecting, monitoring implementation of law on security interest registration, handling of complaints, denunciation, and actions against violations of security interest registration.

9. Other duties and powers specified in this Decree and other relevant laws.

Article 55. Tasks and powers of regulatory agencies in charge of security interest registration

1. The Government shall perform the unified state management of security interest registration.

2. The Justice Ministry is answerable to the Government for performing the unified state management of security interest registration and has the following tasks and powers:

a) Formulating, and directing the implementation of strategies and policies for development of the security interest registration system;

b) Submitting to competent agencies for promulgation or promulgate according to its competence legal documents on security interest registration;

c) Directing and organizing the implementation of legal documents on security interest registration; raising public awareness of law on security interest registration;

d) State management over the registry of security interests in movable property other than aircraft, seagoing ships, securities which have been centrally registered, annual trees, temporary works; provide professional training courses on registration of security interests in movable property other than aircraft, seagoing ships, centrally registered securities, annual trees, temporary works; for the issuance of accounts for online registration, the issuance of database user codes at the National Registry of Secured Transactions; building, operating and managing the online registration system, database of security interests in movables other than aircraft, seagoing ships, securities which have been centrally registered, annual trees, temporary works;

dd) Take charge and coordinate with concerned ministries, agencies and organizations in, organizing professional training, training and refresher courses on the law on registration of security interests;

e) Enter into international cooperation on security interest registration;

g) Inspect, monitor implementation of law on security interest registration and information provision, handling of complaints, whistleblowing reports, and actions against violations of security interest registration; provision of information about security interests according to their competence;

h) Make statistics, summarize and report to the Government on registration and provision of information about security interests nationwide;

i) Coordinate in the performance of tasks and powers of relevant ministries and agencies specified at Point a, Clause 3, Points a, b and c, Clause 4, and Points b, c and dd, Clause 6 of this Article;

k) Other tasks and powers assigned by the Government.

3. The Ministry of Natural Resources and Environment has the following tasks and powers:

a) State management of the database for security interests in land use rights and property on land, the database for security interests in sea areas, property on the sea area; guide and organize training in professional skills for registration of security interests in land use rights and property on land for the land registry; security interests in the right to use the sea area, property on the sea area for the competent registry;

b) Cooperate with the Ministry of Justice in performing tasks prescribed in points a, b, c, dd, g and k Clause 2 of this Article.

4. The Ministry of Transport has the following tasks and powers:

a) State management over the registry of security interests in aircraft and the registry of security interests in seagoing ships; guide and hold professional training courses on registration of security interests in aircraft and seagoing ships;

b) Monitor the implementation of the law on registration of security interests in aircraft and seagoing ships;

c) Perform state management and organize the development of an electronic database on aircraft and seagoing ships to create a basis for online registration, on granting online registration accounts, on issue codes using the database on security interests in aircraft and seagoing ships in accordance with the law on aviation and maritime;

d) Examine, inspect, handle violations and settle complaints and whistleblowing reports according to their competence in the registration and provision of information about security interests in aircraft or seagoing ships;

dd) Comply with the reporting regime to the Ministry of Justice on the registration of security interests in aircraft and seagoing ships in accordance with the law on statistics; coordinate with the Ministry of Justice in performing the tasks specified at Points a, b, c, dd, g, h and k, Clause 2 of this Article.

5. The Ministry of Finance has the following tasks and powers:

a) Perform the state management of registration of security interests in securities which have been centrally registered according to the competence prescribed in the law on securities;

b) Issue the price of security interest registration service for securities provided by the VSDC in accordance with the law on prices and other relevant laws;

c) Examine, inspect, handle violations and settle complaints and whistleblowing reports in the implementation of registration and provision of information on centrally registered securities according to their competence;

d) Cooperate with the Ministry of Justice in performing the tasks mentioned at Points a, b, c, dd, g and k, Clause 2 of this Article.

6. People's Committees of provinces and centrally affiliated cities have the following tasks and powers:

a) State management over the registration of security interests in land use rights and property on land in the local areas;

b) State management over the registry of security interests in land use rights and property on land in the local area; hold professional training courses on registration of security interests with land use rights and property on land in the local area;

c) Guide, organize the implementation, disseminate the law on registration of security interests in the local area;

d) Build a land database to create a basis for the implementation of online registration of security interests in land use rights and property on land in the local area;

dd) Inspect the registration of security interests in land use rights and property on land at the land registry according to its competence;

e) Inspect, settle complaints and whistleblowing reports, handle violations according to their competence on registration of security interests with land use rights and property on land in the local area;

g) Comply with the reporting regime to the Ministry of Justice and the Ministry of Natural Resources and Environment on the registration of security interests in land use rights and property on land in accordance with the law on statistics; coordinate with the Ministry of Justice in performing the tasks specified at Points a, b, c, dd, g, h and k, Clause 2 of this Article.

7. The Department of Justice shall assist the People's Committees of provinces and centrally affiliated cities in performing the state management function over registration of security interests in land use rights and property on land in the province, perform the tasks and powers specified at Points c, dd and g, Clause 6 of this Article; coordinate with the Department of Natural Resources and Environment in performing the tasks and powers of the Department of Natural Resources and Environment specified in Clause 8 of this Article.

8. The Department of Natural Resources and Environment shall assist the People's Committee of the province or centrally affiliated city to perform the tasks and exercise the powers specified at Points b, d and e, Clause 6 of this Article; coordinate with the Department of Justice in performing the tasks and powers of the Department of Justice specified in Clause 7 of this Article.