Monday, 09/12/2024
   

VNBA seeks members' opinions on Ministry of Justice's guidelines for secured transactions

The Vietnam Banks Association (VNBA) has just sent an official dispatch to the General Directors of member organizations to comment on the draft Circular amending and supplementing a number of articles in the Circulars of the Minister of Justice providing guidelines for secured transactions.

According to Official Dispatch No. 6122/BTP-ĐKGDBĐ dated October 23, 2024 of the Ministry of Justice on soliciting opinions on the draft Circular amending and supplementing a number of articles in the Circulars of the Minister of Justice providing guidelines for secured transactions such as on registration, providing information on security measures, contracts and exchanging information on registration of security measures at the Transaction and Asset Registration Centers of the National Registration Department of Secured Transactions under the Ministry of Justice.

Accordingly, the subjects of application of the Circular include: (1) Registration Center; (2) Civil Judgment Enforcement Department of provinces and centrally-run cities, Civil Judgment Enforcement Sub-Departments of districts, towns, and provincial cities (hereinafter referred to as Civil Judgment Enforcement Agencies); (3) Other agencies, organizations, and individuals participating in or related to registration and provision of information on security measures and contracts.

Specifically, the draft Circular consists of 04 articles with the following structure: Article 1. Amending and supplementing a number of articles of Circular No. 08/2018/TT-BTP; Article 2. Abolishing a number of articles and clauses of Circular No. 08/2018/TT-BTP; Article 3. Responsibility for implementation; Article 4. Implementation provisions.

In particular, the main content is to amend and supplement the provisions on the scope of regulation in Article 1 of Circular No. 08/2018/TT-BTP (Clause 1, Article 1 of the draft Circular); At the same time, amend and supplement the provisions on the subjects of application in Article 2 of Circular No. 08/2018/TT-BTP (Clause 2, Article 1 of the draft Circular).

In addition, amend and supplement the provisions on registration and provision of information on contracts in Article 5a of Circular No. 08/2018/TT-BTP (Clause 4, Article 1 of the draft Circular).

In addition, amend and supplement the forms prescribed in Article 8 of Circular No. 08/2018/TT-BTP (Clause 6, Article 1 of the draft Circular)

In particular, supplement the provisions related to the price of registration services and services providing information on contracts (Clause 4, Article 1 and Clause 1, Article 3 of the draft Circular).

Along with that is the amendment of signatures and seals in contract registration; declaration of information on the online registration interface; description of assets in contract registration...

For details of the draft Circular, draft submission and draft document consolidating the Circular, members can see here. VNBA requests member banks to give their opinions on this Draft Circular.

Please send your comments (including word files) to VNBA via email: hoactq@vnba.org.vn before November 7, 2024; (Phone: 0913.319.318 - Ms. Quynh Hoa).

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