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No. 35 (7U-7-2003) E/ Written riaticc:s on the disposal of ~nortgayod or guarantee assc!ts. 2.2. Cascr; of rey~stration at requests: When one party or. parties to contracts on guarantee with assets attached to land, that do rlot fall within one of ttw cases prescribed at Point 2.q of this Clause, request, such guarantee shall also be registered. 2.3. Assets attached to land prescribed in this Cjrcular are immovable assets, including: a1 Dwelling houses, other construction works attached to larid; bl Assets attached to dwelling houses or other constructim works spesified in Item a of this Point in cases of mortgage or guarantee, irlcluding dwelling houses, other construction works and such assets; cl Perennial tree gardens, forests; dl Other assets attached to land 3. Responsibilities of parties to mortgage or guarantee contracts in the registration Parties to mortgage or guarantee contracts shall have to take self-responsibility for the truthfulness of contents declared in registration applications, registration dossiers and the legality of mortgage or guarantee contracts. If the parties inscribe in the registration applications untruthful contents or contents inconsistent with agreement in the mortgage or guarantee contracts, or commit acts of forging dossiers, they sliail have to pay compensations to damagesuffering parties according to the provisions of law. 4. Respor~sibilitieli of mortgage and guarantee registries The mortgage and guarantee registries defined in Clause 1, Sectiorl 1 1 of this Circular have the responsibility: 4 1. 1b register in an accurate tnanner valid applications strictly according to their cor~tents already declared by the rcyistmtion I-equestet-s according to the provisions of this (Iirc~~lar: If inaccurate registration causes damage, r;ornpens;)tio~~s therefor must be inride accurdi~l(j to the: prov~sior~s of law; 4 2. 'To c:;.jlry out the registration and supply ir~lcrrmation OII rntlrtgaye arid guar,arltee stricIly ;~ccor.tliny to tl~u orcier, procedul-es arld tirne lirritts prt:scribt?d in this Circular; 4.3. To refrain from requesting part~es to mortgage or'guarat'ltet: co~\tracts to submit any papers other than those prescribed in this Circular. 5. Registration requeste~ Mortgage or guarantee registration requesters mentioned in this Circular are the following persons: 5.1. Mortgagors and mortgagees: 5.2. Guara~ltors and guarantees; 5.3. New mortgagors, new guarantors or new mortgagees, new guarantees in case of change of one of the parties prescribed at Points 5.1 and 5.2 of this Clause; 5.4. Persons authorizationd by one of parties to mortgage or guarantee contracts or by all of them. 6. Declarers of registration applications Mortgagees, guarantees or persons authorizationd by mortgagees or guarantees shall make declarations in registration applications. 7. Legality of the mortgage and guarantee 7.1. Mortgage or guarantee contracts already registered shall be legally valid to the third party as from the time of registration till the date of registration defetior i. In cases where the contract-signing parties transfer ttle land trse right or purchase arldlor sell assets att;3ctied to land, wt,ich are currently niortyaged or used in guarantee and have beer1 registered, the mortgagees or guarantees shall still have the right to clispuse.such assets to disct~arge due okl~gatior~s which the tnortyilgol-s or guarantors fall to perform or improperly pr:rforrr~. This preacr'iptiori tihall not apply to rnortgagcd or !j!.rar.ai~tee acisels being grmrln t;irculated in the
production or business process according to tllc provis~uns at IJoint b, Clause '1, Article 77 of the Government's Decree No. 105119991ND-CF-l of Nov~mher g 9, 1999 on security trgnsactions. Before stgt~iny contracts on transfer of land use right, purchase of dwelling houses or conducting ather trarisactior~s related to land use right, assets attached to land, Ihe parties should request the registries in ti be lvcalities where exist the land or assets attached to land, to supply ~nformation on such assets accordirlg to the prov~sions in Section IX of this Circular. -7.2. 'l'iriie of registration is the time when the registries receive valid registration dossiers Fur case of addition&\ ~egistratioi: ol' mortgaged or guarantee assets, the time of registration of such asset portions shall be the time when the registries receive valid additional registration dossiers. In cases where the assets currently used in mortgage or guarantee are replaced with the land use right or the land use right and assets attached to land, the parties shall request the deletion of old registration and making of new registration (considered as firsttime registration). In these cases, the time of registration shall be the time when the registries receive new valid registration dossiers. A valid dossier must comprise all the papers requir~dfor each case prescribed in Clause 2, Section Ill; Point 2.1, Clause 2, Section /V; Clause j, Section V; Clause 1, Section VI; Clause 1, Sectiorl Vli and Clause 1, Section IX of this Circular. Valid applicatior~s for registration Or illformation supply are those with all declaration contents being filled in as guided in the application form. 7.3. T'irne of registering mortgage or guarantee sl~ait serve as basis for determining the priority order of payment among rnortgayces of or guarantees with the same asset. 8. Registration fee, charge for supply of information on mortgage ancl guarantec 8.7. IVortgtyago clr guarantee n?gisl~-;~tion req ucstt?r s; reqtrestcrs for registration of cl~anye in already rt?gislc!ted ~nortgage or guar':mtec.! contents; rccjucr-;tc?rs for' corrcct~on of errors in tnartyagc or guarantee reyi:;trat~or~ applications shall have to pay the rr-qi::tr;ltinr~ fnr> 8.2. Orgatiizations and individuals requesting the supply of iriforrr~ation on mortgage andlor guarantee shall have to pay information supply charge. 0.3. l'hc fee and charge rates and contents related to the registration fee and mortgage andlor guarantee information supply charge shall comply with Joint Circular No. 3312002/TTLTIBTC-BTP of April 12,2002 of the Finance Ministry and the Justice Ministry guiding the regime of collection, remittance, management and use of the fee for registration of. and "Ihc chargebf supply of information on, security transactions and financial-leasing assets. 9. Forms for registration of, and supply of information an, mortgage andlor guarantee Requesters of registration of, or supply of information on, mortgage andlor guarantee must use the application forms for registration or information supply; the registries must use books of receipt of security transaction reg~stration dossiers, security transaction registers and other papers made according to the forms promulgated together with this Circular (not printed herein). She Justice Mln~sti-y shalt have to uniformly manage and guide the use of various prescribed forms for registratior~ or supply of information on mortgage arid/ or guarantec. ti. AGENCIES REGISTERING MORTGAGE OF, AND GllARAMTEE WtTH, LAND USE RIGHT AMDIBR ASSETS ATTACHED TO LAND 1. Aycncies registering the mortgage of, and guarantee witli, land use right andlor asscts attached to latid I 'I I lit: I\latl.rral Hesources and E.-.t~virontr~ct~t :it!rv~ct-?s ol tllr:' Ioc;ilit~es where exist land and assets
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