Circular No. 10/2001/TT-BGTVT guiding the use of copies of the certificates of registration of the sea-going ships and copies of the certificates of registration of inland waterway transport means for circulation of such means when they are pledged or mortgaged for capital borrowing at credit institutions

1'HE MINISTRY OF COMMUNICA110NS AND 11UNSPORT CIRCULAR No. 10/2001/TT-llGTVT OF .JlJNE ll, 2001 GUIDING THE USE OF COPIES OF THE CERTIFICATES OF REGISTRATION OF SEA-GOING SHIPS AND COPIES OF TJIE CERTIFICATES OF REGISTRATION OF INLAND WATERWAY TRANSPORT ME,-\NS FOR CIRCULATION OF SUCH MEANS WHEN THEY ARE PLEDGL<.:D OH. MORTGAGED FOR CAPITAL llORROWJNG AT CREDIT INSTITUTIONS Pursuunt tu the prov is i Oils in Arti clc 3 9 of I he Gm e:rnn1c11( 's Dr;UTC No. I 78/I 999/N D·-C F' ur December ?9, 1999 on credit institutions' I oan security and lhc Prime M i11istcr · s 0/Ticial D1spa!ch No W.19/CT' No. l 1 (:U· g .. 21)(1 l J KTTH of September l I, 2000, the lvli111stry of Commumcations and Transport hereby guides the use of eop1c~ oi' the ccr\ ,11.nit,~ of rtgi s\r a'lion ,l sea.,going ships rmd copies of the cer(i ricalus of registration of inland waterway trnnspon means for uirculation of such means when they are pledged or mortgaged for capital borrowmg at credit insl"itutions as follo\\Y I. INTERPRETATION OF TERMS ln (his Circu! ,ir, the following (cm1s shall be constrned ns follows: l. "Means" are sea-going ships or mland watcnvay trnnsport means: 2. "Pledged or mortgaged means" are sea-going ships or inland waterway lranspcni means which are pledged or mortgaged by their mvners for capital borrowing at credit institutions: 3. "M cans regis tr a lion cerli fie ates" arc the certificates of registration of sea-going ships or the certificates of registration of inland waterway lTansport means; 4. Means-registering agency: For sea-going ships: lt shall be the regwnal sea going ship and crew member registries; For irilund waterway Lrnnspo1i means: It shall be the provincial/muni.cipal Communications and Transport Services or Communications and Public Works Sen'iccs; 5. Secured transaction-registering agency: For scti-going slnps: : It shall be the n;gional sea going ship and crew member registries: for inland waterway transport means: ft shall be the National Department for Secured Transaction Registration and its branches; G. "ln!ernational routes" mean maritime routes or ml and \Yatcnv<1y routes from Vie!namese pmts to foreign poiis and, ice versa: 7. "Domestic routes" mean maritime rontcs or ml and wateiway routes beiwcen Vietnamese ports or wharves, 11. THE US~H OFMEANSREGJS11U110N CHU 11 Ff CA TE:S l. The uw'. of orif!,inals of nwa11s registration rcrlificatcs: · J 'hlo origina Is u f me ans rcgistrn 1 ion ccrli fi ca lcs rn ttS I b(: used in the followin.l', cases where a) Means opc:.rnte on intenwt1onal rot1tcs: b) Means operate on domestic routes without 1.1ny pledge or mortgage for capital borrowrng at credit institutions, or with the pledge or mortgage but the time lnnits having a!rcad:v espircd or the obligation secured by such means having been full'illed. 2. The u~c of copies of means rcgisL Minn ccrti fir.ates: The copies of means registration certificates shall be used only for means operating on domestic routes during the period whc11 such means arc pledged or mortgaged for capital bonowing at credit institutions, inchiding the period of debt extension secured by such means (if any). Ill. COPIES OF MEANS RI:ffilSTRATION CER11J<1CATES l. The copies of means registration certificates mentioned in Clause 2, Section fl of this Circular shall be legally yali.d for the circulation of such means only when the following c011ditions arc fully met: a) The copies of mean registration cerliricates are certified by State Public Nolaries; b) There are certification by the credit msti tutions where such means are pledged or mortgaged on the copies of means registration certificates mc11tioned at Point a, Clause I, this Section. 2. The credit inslilulions shall make certification in 01 (one) copy of the mc,ms registration ccrtiricate only after it was already ce1iified by the Staie, Pub! ic Notaries. 3. Under guidance of the Vietnam State Bank Governor in Circular No 0(i/2000/TT-NHN-;\!l of April 4, 2000 and of the Justice Mmistry in Official Dispatch No. l'-148([P-CC of August l 7, 2(H)(), the content of the cerlification by credit institutions on copies of the means rcgts!ralion certificates shall be "Tlic origimil is being kept a( .. from day .. month ... year ... to dav month .. yc;tr ... ,. mid signature of the gcm,ral tlircc101·:, (directorc:) or deputy general directors (deputy dircuors) and seal of 1hc credit institutions; or signal Ltrc ol' di rc·clors (deputy directors) and seal of the member tmr1., of the credit iastitul1ons aulhonzcd lo decide loan vru1 J\](ill. Besides, on 1 he copies, !here must be theo plu;,isl:: , l·ur u,:c as prescribed in Decree No. 178/ l 99:J/N J.J-CP' IV RESPONSIBILITIHS OF .MEANS O WNFRS, CREDITJNSTITUTJO!VS ANIJ .MEAJ\~\' RE(l/SlERING AGENCIES l, Rcspomibilitics of means o,vncrs and users: a) Upon pledgillg or mortgaging means for capital borrowing al credit institutions, means owners sha! I have 1o register secured lnmsilctions at secured trnnsaction registcring agencies according to the provisions of the Government's Decree No. 08/2000/ND-CP of March I 0, 2000 on registration of seemed transactions. b) Mem1s owners and users shall be allowed to use the valid copies of means rcgistrntion certificates only in cases prescribed in Clause 2, Section 11 of this Circular. 2, Res11011sibilities of credit institutions: a) Within 24 hours <JS from the moment of accepti11g means pledge or mortgage, the credit institutions shall have to notify the means-registering agencies thereof for the latter to know and not to effect the transfer of means or 11ot to re~grnnLthe originals of means registration certificates ( except for cases \vhcre the means-registering agenci cs are the agencies registering secured transactions). b) In cases where t,pon the expiry of the pledge or mortgage period, the means owners still fail to fulfill their debt-repayment obligation and the credit institutions agree to extend such debts, they shall have to clearly inscribe such on the copies of the means registration certificates men ti oncd in Section Ill of this Circular, and at tl1e same time, notify the means-registering agc11cies thereof for the latter to know and mo11itor. c) When the means owners have fulfilled their debt repayment obligation secured by means, after revoking copies of the means registration certificates, the credit inslilutions shall have to return tl1c originals of such ccrtif'icates, and at the same time, notif'y the means• registering agencies thereof 3, Responsibilities of mca11s--registering agencies: All.er rccetving 1hc credit ins1itH1ions' notices on the pledge or mortgage of means a1" snch credit institutions or when the means owners have folfilled thcoir dcht rcpaymcnt obligation secured by means, the rncm1s•• rcgistcn ng a/~rncics shall have to record such 011 the No 'l I (22-8--2U11 I) 11a1ionc1l reg 1sir1 of sea--gning ships or the register of' inland \\ atctway transport means which shall serve ::is kgill basis for the handling of relevant matters. V IMFLJ:MENJAJJON ONGANJZA110N: l . Tlus Circnl ar takes effect 15 days ilfter its signing. 2 The Director of the Vietnam Maritime Admmistrntion :ind the Director of the Vil:lnam lnlm1d Waterways ·Administration shall have to organize the enforcement of this Circular. 3 ·1 h.:: heads of the concerned departments under the Ministry, the directors of the proviucial/municipal Communications ilnd Transport Services and Communications and Public Works Services, the directors of the regionill sea-going ships and crew member registries, [he directors of port authorities, the National Dcp artment of Secured Trans action Registration, credit inslit11tions, means owners and users, and all concerned organizations and individuals shall have to implement this Circular. 4. In the comse of implementation, if any troubles arise, organizations and individt1als .should promptly report them to the Ministry of Comnninications and Transport for sludy and settlement. For tlte Minister of Communicafions and 1"ramport Vice Minister PHAM DUY ANH