Chương V Nghị định 99/2022/NĐ-CP về đăng ký biện pháp bảo đảm: Điều khoản thi hành

Chapter V

IMPLEMENTATION

Article 56. Entry in force

1. This Decree comes into force as of January 15, 2023, except for the case specified in Clause 2 of this Article.

2. Provisions in this Decree on carrying out online registration procedures for the case in Clause 4, Article 47, about granting online registration accounts in Article 23, on granting database user codes at Point b, Clause 2, Article 50 and on connection and sharing of data on registration of security interests in road motor vehicles in Clause 4, Article 53 in the field of registration for movable property other than aircraft , seagoing ships and securities that have been centrally registered shall come into force as of January 1, 2024; in the field of registration for land use rights, property on land, right to use the sea area, property on the sea area, aircraft and seagoing ships shall come into force from the time as prescribed in the law on land, exploitation and utilization of marine resources, aviation or maritime.

3. This Decree supersedes Decree No. 102/2017/ND-CP dated September 1, 2017 of the Government on registration of security interests.

Article 57. Transitional provisions

1. Any secured interest which is entered into before the effective date of this Decree but not yet registered but still remains valid may be registered under this Decree.

2. Secured interests registered under law before the effective date of this Decree are not required to be re-registered under this Decree. From the effective date of this Decree, if you register to change, deregister, correct erroneous information in the registered information, register notice of collateral realization, or this security interest, the provisions of this Decree shall apply.

3. From the effective date of this Decree to December 31, 2023, the exchange of information on registration of security interests in road motor vehicles shall comply with Point a Clause 3 and Point a, Clause 4, Article 63 of Decree No. 102/2017/ND-CP dated September 1, 2017 of the Government on registration of security interests.

4. Before the effective date in Clause 2, Article 56 of this Decree, online registration accounts issued by competent authorities and database account codes shall be further used to register or make a request for information under the provisions of this Decree.

5. Before the effective date in Clause 2, Article 56 of this Decree, any application for issuance of new online registration account or a new database user code shall comply with Article 54 of the Government's Decree No. 102/2017/ND-CP dated September 1, 2017 on registration of security interests, other relevant regulations in the law on land, on the exploitation and utilization of marine resources, aviation or maritime law.

6. Where a land registry has not been established in a province or centrally affiliated city, the land use right registration office or another agency performing the functions of the land registry shall continue to register the security interest in land use rights and property on land specified in Article 25 of this Decree until the land registry is established.

Article 58. Implementation

1. Ministry of Justice, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Finance, People's Committees of provinces and central affiliated cities shall:

a) Cooperate with the Government Office, relevant ministries and agencies in managing, connecting and sharing digital data for information on security interest registration results in accordance with law on data management, connection and sharing;

b) Use information in the national population database, electronic identification and authentication system in registration and provision of information on security interests in accordance with regulations of the law on data management, connection and sharing.

2. 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 in accordance with the law on management and connection, data sharing, completed by December 31, 2023; shall complete the online registration software to perform the registration specified in Clause 4, Article 47 of this Decree, to grant the online registration accounts specified in Article 23 of this Decree, and to perform the granting of database user codes specified at Point b, Clause 2, Article 50 of this Decree, to be completed before December 31, 2023.

In case it is necessary to ensure consistency in carrying out registration procedures as prescribed in this Decree related to the information shown on the form enclosed with the Appendix, the Minister of Justice shall take charge and coordinate with, the Ministry of Justice, and relevant ministries and agencies in providing guidance according to their competence.

3. Ministers, heads of ministerial-level agencies and governmental agencies, chairpersons of provincial-level People's Committees and concerned institutions and individuals shall implement this Decree.