Circular 03/2014/ttlt-Btp-Nhnnvn: The Guide To Verify The Conditions Of Execution Of Bailiff In Credit Institutions

Original Language Title: Thông tư liên tịch 03/2014/TTLT-BTP-NHNNVN: Hướng dẫn việc xác minh điều kiện thi hành án của Thừa phát lại tại các tổ chức tín dụng

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FRANCO-BANK OF VIETNAM
Numbers: 03 /2014/TTLT-BTP-NHNNVN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 17, 2014

FEDERAL INFORMATION

Guidelines for verification of execution conditions

It ' s reissued in credit organizations.

_________________

The Civil Law Enforcement Act of 2008;

The Act of Credit:

Base of Resolution. 36 /2012/QH13 November 23, 2012 of the National Assembly on the continued implementation of the Hereditary Regime;

Base of Protocol 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City;

Base of Protocol 135 /2013/ND-CP October 18, 2013 by the Government amended, the addition of the name and some of the provisions of the Protocol 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

The Minister of Justice, Governor of the State Bank of Vietnam, issued the Citizenship Guidelines for verification of the Inheritance Implementation of the Inheritance Examination at credit organizations.

What? 1. The adjustment range

1. This information instructs the verification of the Inheritance Execution of the Hereditary Body regarding the requirement to provide information about the account balance, deposit, the deposing assets of the person with the obligation to enforce the execution as a customer (the following is generally the information of) customers) at credit organizations, the foreign bank branch (later known as a credit organization) in the provinces, the Central City of the Central Committee where the Inheritance Implementation was made during the pilot's execution.

2. The provisions of this message are applied in the cases:

a) The conditional execution of the execution of the execution by the authority of the civil court of the civil court of the province, the central city of the Central District, where the Office of the Hereditary Inheritance is located.

b) Verify that the execution of the executor outside the table address at this point in the case of a person with an account obligation to have an account, deposit, property sent at the local credit organizations.

What? 2. Subject applies

1. The Office of Inheritance.

2. Credit Organization.

3. Agency, organization, individuals are involved in veritifully verification of the Inheritance Execution of the Hereditary Body.

What? 3. Form, procedure requirements provide information

1. The request for the provision of information is done in one of the following two forms:

a) The reissue has the text that requires the credit organization to provide information;

b) Admit the verification directly at the credit organization.

2. The requested text provides the information that must have the following content:

a) The base asks for the provision of information (specifying the name of the sentence, the decision to have the legal effect; the decision to verify with these texts to prove and copy the verified agreement of the execution of the execs; the decision to enforce the execution in case of the execution). The Office of the Hereditary Chamber is directly enforced.

b) The information about the customer is the person with the obligation to enforce the execution (name, address of the headquarters (case of the customer is the organization); they and the name, address of residence and ID number, the passport number, if any (the customer case is individual) and the information. They need to be different.

c) The information that needs to be provided within the scope of the provisions at one Article 1 of this information;

d) The time, the deadline for the provision of information in accordance with Article 4 of this Information;

Other information is relevant.

3. Text requesting to provide information accompanying regulatory documents at a point a 2 of this is sent to the credit organization, while sending the Provincial Branch State Bank, the Central City of Central City, the District People ' s Control Institute. Place the Office of Inheritance. The case of verification by regulation at the point b of 2 Article 1 This is the Inheritance Required to simultaneously send the documents to the State Bank of the provincial branch, the Central City of the Central Committee where the verification is made.

4. The case directly verified, reissued the Introduction of the Hereditary Office, the Inheritance Card is accompanied by relevant relevant documents at a paragraph 2 of this Article and must publish the decision to verify or decide the exam. The case in the case of the Office of Inheritance directly organizes the execution of the execs; it is written about verification. The receipt must have the signature of the Inheritance, the provider of information, confirmation of the credit organization. If the information is not done, it must be noted in the text. It was established in 2 (2) copies, each of which holds 1 copies.

5. During the time of 3 (three) working days, since the date of receiving the results verified or from the date of the verification of verification, the Office of the Hereditary Inheritance has the responsibility to submit verification results or verification of verification to the provincial branch state Bank, the city online. It ' s in the Central Committee and the District People ' s Institute for Hereditary Offices. The case for verification by regulation at the point b of 2 Article 1 This is the Inheritance Required to be sent to the State Bank of the provincial branch, the Central City of the Central Committee where the verification is made.

What? 4. Providing the information of the credit organization

1. The legal representative of the credit organization is responsible for providing information through the verification (in case of a direct verification by regulation at paragraph 4 Article 3 This Information) or by the written provision of information according to the provision at the paragraph. 2 This is in time 3 (three) of working days, since the date of receiving the requested text provides the information.

2. The text that provides the information of the credit organization includes the following content:

a) The time of the provision of information;

b) Content of the information provided by the request (within the specified range at 1 Article 1).

3. The credit organization has the right to refuse to provide information in the following cases:

a) The incident is not under the confirmation of the Vu's verification.

b) In the same case there is the same required content at the same time that has been accepted by the Executive or the other.

c) The customer requires that the information not be the person with the obligation to enforce the Inheritance Authority's verification authority.

d) The information required outside the scope of the specified information at 1 Article 1 of this information.

The filing requires that the information is not sufficient for the specified documents at the point of a 2-Article 3 article.

If you refuse, the credit organization must respond in writing and specify a reason.

What? 5. The responsibility to use and secure information

1. The provision information is only used for the purpose of implementation of the sentence, the decision to have the law validity and is preserved under the density mode.

2. Insignor, the Office of Inheritance, the person requesting to verify the execution of the executor and the agencies, the relevant organization responsible for security of the information provided and the proper use of the correct outcome of the verification by law.

3. Agency, organization, individual whose behavior violates regulation at paragraph 1, paragraph 2 This depends on the property, the extent of the breach will be dealt with the administrative breach or the search for criminal responsibility, if the damage is caused by the regulations of the government. the law.

What? 6. Organization to execute

1. A six-month period or a sudden, the Director of the Department of Justice has the responsibility to exchange with the Director of the Provincial State Bank of the province, the Central City of Central City where the pilot implementation of the relevant operational situation of the Office of Hereditary Offices The table.

2. In the course of the execution if there is an entangrium, the Office of Inheritance, the credit organization, the agencies, the organization, the individual is in time to report the Ministry of Justice, the State Bank of Vietnam to take the resolution.

What? 7. Effect of execution

1. This message came into effect from March 5, 2014.

2. For cases where the Inheritance Office has reorganized the verification, but by this time the Smart Time has the effect that it has not been done, it is done according to the provisions of this Smart ./.

KT. Minister of Justice.
Chief.

KT. Governor of the State Bank of Vietnam
Vice Governor.

(signed)

(signed)

Central Ding.

Deng Xiaoping.