Joint Circular No. 03/2003/TTLT-BTP-BTNMT guiding the procedures and formalities for registering and providing information on mortgage and guarantee using land use rights and attached assets.

Joint Circular No. 03/2003/TTLT-BTP-BTNMT guides the procedures and formalities for registering mortgage and guarantee using land use rights and attached assets for organizations and individuals. This Circular applies both domestically and internationally as required by law.

문서 번호03/2003/TTLT-BTP-BTNMT
문서 유형Joint Circular
발행 기관Ministry of Justice
서명자Uông Chu Lưu Cơ Quan Ban Hành Bộ Tài Nguyên Và Môi Trường Chức Danh Bộ Trưởng Người Ký Mai Ái Trực — Bộ trưởng
업데이트30. 06. 2026
산업Natural Resources and Environment; Justice
분야Secured Transaction Registration
발행일04. 07. 2003
발효일02. 08. 2003
효력 만료일29. 07. 2005
상태Expired
✦ 스마트 요약

Joint Circular No. 03/2003/TTLT-BTP-BTNMT guides the procedures and formalities for registering mortgage and guarantee using land use rights and attached assets for organizations and individuals. This Circular applies both domestically and internationally as required by law.

적용 범위

Domestic households, individuals; foreign-invested economic organizations and enterprises in Vietnam; and foreign organizations and individuals have the right to mortgage and guarantee using land use rights and attached assets.

핵심 사항

  • Households, individuals, and organizations must register when mortgaging or guaranteeing using land use rights or attached assets as prescribed.
  • The registration authority (Department of Natural Resources and Environment, People's Committee of communes, wards, towns) is responsible for examining, certifying, recording, storing files, and reporting on the disposal of mortgaged or guaranteed assets.
  • The applicant must pay the registration fee as stipulated in Joint Circular No. 33/2002/TTLT/BTC-BTP.
  • The time limit for reviewing and deciding on registration procedures is seven working days for new cases, three working days for cases involving changes in content or cancellation of registration.
  • The registration authority has the right to refuse registration if the file is incomplete, incorrect, or non-compliant with regulations.

🌐 이 문서의 사회적 영향

  • Positive impact: Facilitates business operations and investment through the transparency of security transactions.
  • Negative impact: Registration costs may increase for organizations and individuals requiring multiple procedures.
  • Beneficiaries: Enterprises, business households, investors.
  • Affected parties: Citizens and businesses that must comply with registration requirements for mortgages and guarantees.

❓ 자주 묻는 질문

Who needs to register for mortgage and guarantee?

Domestic households, individuals; foreign-invested economic organizations and enterprises in Vietnam; and foreign organizations and individuals have the right to mortgage and guarantee using land use rights and attached assets.

What is the registration fee for mortgage and guarantee?

The amount of the registration fee is specified in Joint Circular No. 33/2002/TTLT/BTC-BTP.

How long does it take to review and decide on registration procedures?

Seven working days for new cases, three working days for cases involving changes in content or cancellation of registration.

Which authorities are responsible for registering mortgages and guarantees?

Department of Natural Resources and Environment where the land and attached assets are located; People's Committee of communes, wards, towns where the land and attached assets are located.

If the file is incomplete, what will the registration authority do?

The registration authority will refuse the registration and guide the applicant to comply with the regulations.

전문

JOINT CIRCULAR

Guidelines on the procedures and formalities for registering and providing information regarding mortgage and guarantee by land use rights and immovable property attached to land.

Regarding mortgage and guarantee by land use rights and immovable property attached to land.

________________

 

Pursuant to Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on registration of secured transactions;

Based on Decree No. 17/1999/NĐ-CP dated March 29, 1999 of the Government on the procedures for conversion, transfer, lease, sublease, inheritance of land use rights, and mortgage and contribution of value of land use rights.

Based on Decree No. 79/2001/NĐ-CP dated November 1, 2001 of the Government amending and supplementing certain articles of Decree No. 17/1999/NĐ-CP dated March 29, 1999 of the Government on the procedures for conversion, transfer, lease, sublease, inheritance of land use rights, and mortgage and contribution of value of land use rights.

To ensure uniformity in the implementation of legal documents on registration of mortgage and guarantee by land use rights and immovable property attached to land, creating favorable conditions for registration and provision of information activities in this field, the Ministry of Justice and the Ministry of Natural Resources and Environment issue guidelines on the procedures and formalities for registering and providing information regarding mortgage and guarantee by land use rights and immovable property attached to land as follows:

I. GENERAL ISSUES

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides detailed guidance on the following issues:

1.1. Registration and provision of information on mortgage and guarantee by land use rights and immovable property attached to land of domestic households, individuals; economic organizations, including foreign-invested enterprises in Vietnam; foreign organizations and individuals who, according to law, have the right to mortgage and guarantee by land use rights and immovable property attached to land (hereinafter referred to collectively as registration and provision of information on mortgage and guarantee).

1.2. Responsibilities, tasks, and authorities of the Department of Natural Resources and Environment, People's Communes, Ward Committees, Town Committees in the registration and provision of information on mortgage and guarantee.

1.3. Procedures and formalities for registration and provision of information on mortgage and guarantee.

II. CASES OF REGISTRATION FOR MORTGAGE AND GUARANTEE

2.1. The following cases of mortgage and guarantee must be registered:

a. Mortgage and guarantee by land use rights or by land use rights and immovable property attached to land.

b. Mortgage and guarantee by immovable property attached to land that the law requires to be registered for ownership.

c. Mortgage of immovable property attached to land not falling under the provisions of paragraph b of this point, but the parties agree that the mortgagor or a third party shall keep such property.

d. Mortgage of immovable property attached to land to secure the performance of multiple obligations.

đ. Notification documents regarding the disposal of mortgaged or guaranteed assets.

2.2. Cases of registration upon request:

When one or more parties to the guarantee contract involving immovable property attached to land not falling under any of the cases stipulated in point 2.1 of this clause make a request, such guarantee shall also be registered.

2.3. Immovable property attached to land as defined in this Circular includes non-movable and non-relocatable property, comprising:

a. Houses and other construction works attached to land.

b. Property attached to houses and other construction works specified in paragraph a of this point when the mortgage or guarantee includes houses, other construction works, and such property.

c. Long-term gardens and forests.

d. Other property attached to land.

III. RESPONSIBILITIES OF PARTIES TO THE MORTGAGE AND GUARANTEE CONTRACT IN REGISTRATION

Parties to the mortgage and guarantee contract must bear full responsibility for the authenticity of the declared content in the application form for registration, the registration dossier, and the legality of the mortgage and guarantee contract; if they declare false content in the application form for registration, content inconsistent with the mortgage contract, the guarantee contract, or engage in fraudulent acts with respect to the dossier, they shall compensate the damaged party in accordance with the law.

IV. RESPONSIBILITIES OF THE REGISTRATION AUTHORITY FOR MORTGAGE AND GUARANTEE

The registration authority for mortgage and guarantee specified in Clause 1, Section II of this Circular has the following responsibilities:

4.1. Register accurately in accordance with the content of the valid application form declared by the applicant in accordance with this Circular; if the registration is inaccurate causing damage, compensation for such damage shall be made in accordance with the law.

4.2. Carry out registration and provision of information on mortgage and guarantee in accordance with the procedures, formalities, and deadlines prescribed in this Circular.

4.3. Shall not require the parties to the mortgage and guarantee contract to submit additional documents other than those prescribed in this Circular.

V. APPLICANT FOR REGISTRATION

The applicant for registration of mortgage and guarantee in this Circular includes the following persons:

5.1. Mortgagor, mortgagee.

5.2. Guarantor, beneficiary of guarantee.

5.3. New mortgagor, new guarantor, or new mortgagee, new beneficiary of guarantee in the case of changing one of the parties specified in points 5.1 and 5.2 of this clause.

5.4. A person authorized by one of the parties to the mortgage and guarantee contract or by all such parties.

VI. DECLARATION OF APPLICATION FORM FOR REGISTRATION

The mortgagee, beneficiary of guarantee, or a person authorized by the mortgagee or beneficiary of guarantee shall declare the application form for registration.

VII. LEGAL EFFECT OF REGISTRATION OF MORTGAGE AND GUARANTEE

7.1. A mortgage or guarantee contract that has been registered has legal effect against third parties from the date of registration until the date of cancellation of registration.

In the event that the parties enter into a contract for the transfer of land use rights or sale of immovable property attached to land currently being used for mortgage or guarantee and have been registered, the mortgagee or beneficiary of guarantee still has the right to dispose of such property to settle obligations when due if the mortgagor or the guaranteed party does not perform or performs incorrectly their obligations. This provision does not apply to movable goods circulating in the production and business process as stipulated in Point b, Clause 1, Article 17 of Decree No. 165/1999/NĐ-CP dated November 19, 1999 of the Government on secured transactions.

Prior to signing a land use right transfer contract, purchasing a house, or participating in other transactions related to land use rights or attached assets, the parties must request the registration authority where the land or attached assets are located to provide information about such assets in accordance with Section IX of this Circular.

7.2. The registration time is the moment when the registration authority receives a complete application for registration.

In cases of supplementary registration of collateral or guarantee, the registration time for such part of the asset is the moment when the registration authority receives a complete supplementary application.

If the asset currently being used as collateral or guarantee is replaced by land use rights or land use rights and attached assets, the parties must request the cancellation of the old registration and apply for new registration (considered as initial registration). In this case, the registration time is the moment when the registration authority receives a complete new registration application.

A complete application includes all necessary documents required for each specific case as stipulated in Clause 2, Section III, Point 2.1, Clause 2, Section IV, Clause 1, Section V, Clause 1, Section VI, Clause 1, Section VII, and Clause 1, Section IX of this Circular.

A valid registration request form is a form that fully discloses all required information according to the provided model.

7.3. The registration time for collateral or guarantee serves as the basis for determining the priority order of payment among those who have received collateral or guarantee on the same asset.

8. Registration fees, fees for providing information on collateral or guarantee

8.1. Those requesting registration of collateral or guarantee; those requesting changes to registered collateral or guarantee content; those requesting corrections to errors in the collateral or guarantee registration request form must pay the registration fee.

8.2. Organizations or individuals requesting information on collateral or guarantee must pay the information provision fee.

8.3. The amount of the registration fee, information provision fee, and related matters concerning the registration fee and information provision fee for collateral or guarantee are implemented in accordance with Joint Circular No. 33/2002/TTLT/BTC-BTP dated April 12, 2002, issued by the Ministry of Finance and the Ministry of Justice guiding the collection, submission, and management of the registration fee and information provision fee for secured transactions and financial lease assets.

9. Forms for registration and provision of information on collateral or guarantee

Those requesting registration or provision of information on collateral or guarantee must use the prescribed forms for registration requests and information provision; the registration authority must use the receipt book for secured transaction applications, the registration book for secured transactions, and other documents according to the models issued together with this Circular.

The Ministry of Justice is responsible for uniformly managing and guiding the use of forms for registration and provision of information on collateral or guarantee.

II. REGISTRATION AUTHORITY FOR COLLATERAL OR GUARANTEE BY LAND USE RIGHTS AND ATTACHED ASSETS

USE OF LAND AND FIXED ASSETS ATTACHED TO THE LAND

1. Registration authority for collateral or guarantee by land use rights and attached assets

1.1. The Department of Natural Resources and Environment where the land or attached assets are located has the authority to register and provide information on collateral or guarantee if the pledgor or guarantor is an organization.

1.2. The People's Committee of the commune, ward, or town where the land or attached assets are located has the authority to register and provide information on collateral or guarantee if the pledgor or guarantor is a household or individual.

2. Duties and powers of the Department of Natural Resources and Environment and the People's Committee of the commune, ward, or town in registering collateral or guarantee

2.1. Registering collateral or guarantee in cases specified in Clause 2, Section I of this Circular;

2.2. Registering changes to the content of already registered collateral or guarantee;

2.3. Issuing the original registration request form with certification from the competent registration authority to the person submitting the registration request form. Issuing certified copies of the registration request form to the parties involved in the collateral or guarantee contract upon their request;

2.4. Canceling the registration of collateral or guarantee;

2.5. Registering notices regarding the handling of collateral or guarantee assets;

2.6. Deciding to revoke the registration of collateral or guarantee in accordance with Section VIII of this Circular;

2.7. Correcting errors in the content of the registration of collateral or guarantee;

2.8. Collecting the registration fee for collateral or guarantee;

2.9. Refusing to register collateral or guarantee in the following cases:

a. Not within the jurisdiction for registering collateral or guarantee;

b. The registration application for collateral or guarantee is incomplete or the documents are not valid;

c. The registration request form for collateral or guarantee does not fully disclose all required information according to the model issued together with this Circular;

d. The person requesting registration of collateral or guarantee has not paid the registration fee;

đ. Not meeting the conditions for collateral or guarantee by land use rights as stipulated by law.

2.10. Storing and preserving registration files, documents, and registered information.

3. Duties and powers of the Department of Natural Resources and Environment and the People's Committee of the commune, ward, or town in providing information on collateral or guarantee

3.1. Providing information on registered collateral or guarantee at the request of organizations or individuals;

3.2. Collecting fees for providing information;

3.3. Refusing to provide information in the following cases:

a. The information request form does not fully disclose or incorrectly discloses the required information according to the model issued together with this Circular;

b. The person requesting information has not paid the information provision fee.

III. PROCEDURES FOR REGISTERING COLLATERAL OR GUARANTEE BY LAND USE RIGHTS AND ATTACHED ASSETS

1. Before requesting registration of collateral or guarantee by land use rights or attached assets, the mortgage or guarantee contract by land use rights or attached assets must be notarized if the parties agree or if the law requires such contracts to be notarized.

2. The application for registration of collateral or guarantee must be submitted to the registration authority in accordance with the following provisions:

2.1. In cases of registering collateral or guarantee by land use rights or registering collateral or guarantee by land use rights and attached assets, the application for registration shall include:

a. A request for registration of mortgage or guarantee by land use rights or attached assets (three copies); power of attorney in case the person requesting registration is the authorized representative;

b. Mortgage contract for land use rights or land use rights and attached assets (two copies); guarantee contract by land use rights or land use rights and attached assets (three copies);

c. Certificate of land use rights or certificate of ownership of house and land use rights for cases of mortgaging or guaranteeing by residential land use rights or houses in urban areas;

d. Extract from the cadastral map (for areas with existing cadastral maps) or cadastral survey (for areas without existing cadastral maps) in cases where the certificate of land use rights or certificate of ownership of house and residential land use rights does not show the plot plan;

đ. Proof of payment of land lease fees (in cases where the State leases the land);

2.2. In cases of registering mortgage or guarantee by attached assets, the registration dossier shall include:

a) A request for registration of mortgage or guarantee (three copies); power of attorney in case the person requesting registration is the authorized representative;

b) Certificate of ownership of attached assets in cases where the law requires such assets to be registered for ownership;

3. When receiving the registration dossier for mortgage or guarantee, the registration officer must check whether the request falls within the jurisdiction of their agency; verify the completeness and validity of the registration dossier.

If the registration of mortgage or guarantee is within the jurisdiction and the dossier is valid, the registration officer will require the person submitting the dossier to pay the registration fee; record the time of receipt of the dossier (hour, minute, day, month, year) on the request for registration; enter the dossier into the registration receipt book and issue a notice of result delivery to the person requesting registration in cases of direct delivery.

In cases where there is one of the grounds for refusing registration as stipulated in point 2.9 clause 2 section II of this Circular, the registration officer will refuse the registration and guide the person requesting registration to comply with the regulations.

4. Within seven working days from the date of receipt of a valid dossier, the registration authority must perform the following tasks:

4.1. Review the land use documents and conditions for mortgaging or guaranteeing by land use rights according to the provisions of the law. If the conditions for mortgaging or guaranteeing are met, certify the review results on the mortgage contract or guarantee contract; if the conditions for mortgaging or guaranteeing are not met, notify the person requesting registration accordingly;

4.2. Enter the mortgage or guarantee registration into the security transaction register in cases where the conditions for registration are met. For cases of mortgaging or guaranteeing by land use rights or mortgaging or guaranteeing by land use rights and attached assets, simultaneously with entering the security transaction register, also enter the cadastral register and land change monitoring register according to the instructions recorded in these registers;

4.3. Certify the registration of mortgage or guarantee on the request for registration;

4.4. Retain one copy of the request for registration of mortgage or guarantee, send one copy to the National Security Transaction Registration Department; return the remaining copy directly or send it via guaranteed postal service to the person requesting registration together with the contract and other documents specified in clause 2 of this section.

IV. REGISTRATION OF CHANGES IN THE CONTENT OF ALREADY REGISTERED MORTGAGE OR GUARANTEE

1. Cases requiring registration when changing the content of already registered mortgages or guarantees

1.1. Changing one of the parties signing the mortgage or guarantee contract, except for changes in the mortgagor or guarantor by land use rights as provided in sub-item b point 3.1 clause 3 section this; changing the name, address, ID number or passport number, business registration number, establishment permit number or investment permit number of one or more parties signing the mortgage or guarantee contract;

1.2. Reducing the mortgaged or guaranteed property which is land use rights or attached assets;

1.3. Replacing or supplementing the mortgaged or guaranteed property which is attached assets;

1.4. Changing the order of priority for payment when disposing of mortgaged or guaranteed property;

1.5. When construction projects have been completed, perennial gardens, newly planted forests belong to the mortgagor or guarantor (in cases of mortgaging or guaranteeing by future formed assets).

2. Procedures and formalities for registration when changing the content of already registered mortgages or guarantees

2.1. The person requesting registration of changes to the content of already registered mortgages or guarantees submits the registration dossier at the registration authority that previously registered the mortgage or guarantee. The registration dossier includes:

a. A request for registration of changes to the content of already registered mortgages or guarantees (three copies); power of attorney in case the person requesting registration is the authorized representative;

b. Certificate of ownership of assets if the law requires such assets to be registered for ownership in cases specified in point 1.3 and point 1.5 clause 1 section this.

2.2. The acceptance of the dossier is carried out according to the provisions of clause 3 section III of this Circular.

2.3. Within seven working days from the date of receipt of a valid dossier, the registration authority must perform the following tasks:

a. Review the certificate of ownership of assets, the content of the request for registration of changes to the content of already registered mortgages or guarantees, compare with the dossier retained at the registration authority. If the conditions for registering changes to the content of mortgages or guarantees are met, enter the security transaction register and certify on the request for registration; if the conditions for registration are not met, notify the person requesting registration accordingly.

In cases where registering changes to the content of already registered mortgages or guarantees alters the content recorded in the cadastral register or land change monitoring register, simultaneously with entering the security transaction register, also enter the cadastral register and land change monitoring register according to the instructions recorded in these registers;

b. Retain one copy of the request for registration of changes to the content of already registered mortgages or guarantees, send one copy to the National Security Transaction Registration Department; return the remaining copy directly or send it via guaranteed postal service to the person requesting registration together with the documents specified in sub-item b point 2.1 clause 2 section this.

3. Cases where changes to the content of already registered mortgages or guarantees require new registration

3.1. Cases requiring new registration:

a. Replacing or supplementing mortgaged or guaranteed assets with land use rights;

b. Changing the mortgagor or guarantor using land use rights.

3.2. The cases specified in point 3.1 of this clause must be deregistered according to the provisions of Section V of this Circular before new registration. New registration shall be carried out in accordance with the procedures and formalities stipulated in Section III of this Circular.

V. PROCEDURES AND FORMALITIES FOR DELETING REGISTRATION OF MORTGAGES AND GUARANTEES WITH LAND USE RIGHTS AND FIXED ASSETS ATTACHED TO THE LAND

1. The person requesting to delete the mortgage or guarantee registration must submit a request for deletion of mortgage or guarantee registration (three copies) at the registration authority where the mortgage or guarantee was registered. If the person requesting deletion is an authorized representative, they must provide a power of attorney.

2. The acceptance of the application file shall be carried out in accordance with the provisions of Clause 3, Section III of this Circular.

3. Within three working days from the date of receiving a valid application file, the registration authority must carry out the deletion of the mortgage or guarantee registration in the mortgage transaction register. In case the collateral is land use rights or land use rights and fixed assets attached to the land, the registration authority, while deleting the mortgage or guarantee registration in the mortgage transaction register, must also delete the mortgage or guarantee registration in the land registry and land change monitoring register. Certify the deletion of the mortgage or guarantee registration on the request form for deletion of mortgage or guarantee registration.

4. The retention of files and issuance of results of mortgage or guarantee deletion shall be carried out in accordance with the provisions of Point 4.4, Clause 4, Section III of this Circular.

If the person requesting deletion is the mortgagor or guarantor, the registration authority shall send a copy (one copy) of the request for deletion of mortgage or guarantee registration to the mortgagee or guarantor; for registration authorities that do not have the conditions to make copies, they must send a notification about the deletion of registration to the mortgagee or guarantor.

VI. PROCEDURES AND FORMALITIES FOR REGISTERING NOTICES ON THE DISPOSITION OF MORTGAGED OR GUARANTEED ASSETS WITH LAND USE RIGHTS AND FIXED ASSETS ATTACHED TO THE LAND

REGARDING THE DISPOSITION OF MORTGAGED OR GUARANTEED ASSETS WITH LAND USE RIGHTS AND FIXED ASSETS ATTACHED TO THE LAND

1. In cases where it is necessary to dispose of mortgaged or guaranteed assets that have been registered with the registration authority, the mortgagee or guarantor must submit a request for registration of a notice on the disposition of mortgaged or guaranteed assets (three copies) at the registration authority where the mortgage or guarantee was registered, at least fifteen days (15 days) prior to the disposal of the mortgaged or guaranteed assets. If the person requesting registration is an authorized representative, they must provide a power of attorney.

2. The acceptance of the request for registration of a notice on the disposition of mortgaged or guaranteed assets shall be carried out in accordance with the provisions of Clause 3, Section III of this Circular.

3. Within three working days from the date of receiving a valid application file, the registration authority shall perform the following tasks:

3.1. Review the application file, enter the mortgage transaction register, certify the request for registration of a notice on the disposition of mortgaged or guaranteed assets;

3.2. Notify in writing about the disposition of mortgaged or guaranteed assets to all parties involved in the mortgage or guarantee in cases where land use rights or fixed assets attached to the land are used as collateral for multiple obligations.

3.3. The retention of files and issuance of results of registration shall be carried out in accordance with the provisions of Point 4.4, Clause 4, Section III of this Circular.

4. Upon completion of the disposition of all mortgaged or guaranteed assets, the person who requested the registration of a notice on the disposition of mortgaged or guaranteed assets must submit a request for deletion of mortgage or guarantee registration to the registration authority that registered the notice on the disposition of mortgaged or guaranteed assets so that the registration authority can carry out the deletion of that registration in accordance with Section V of this Circular.

If only part of the mortgaged or guaranteed assets are disposed of, then after completing the disposition, the person who requested the registration of a notice on the disposition of mortgaged or guaranteed assets must submit a request for registration of a change in the registered content (reducing the mortgaged or guaranteed assets) to the registration authority that registered the notice on the disposition of mortgaged or guaranteed assets, so that the registration authority can carry out the registration of the change in the registered content in accordance with Section IV of this Circular.

VII. CORRECTING ERRORS IN THE CONTENT OF MORTGAGE AND GUARANTEE REGISTRATIONS

REGISTRATION OF PLEDGE AND GUARANTEE

1. When one of the parties or parties involved in the mortgage or guarantee contract discovers errors in the content of the requests for registration of mortgages or guarantees, they must submit a request for correction of errors (three copies) at the registration authority where the mortgage or guarantee was registered. If the person requesting correction of errors is an authorized representative, they must provide a power of attorney.

2. Registration officers record the time of receipt of the request (hour, minute, day, month, year) on the request for correction of errors. If the error is in the declaration section of the person requesting registration, the registration time is the time when the registration authority receives a valid request for correction of errors; if the error is in the certification section of the registration authority, the registration time is the time when the registration authority received the initial request for registration.

3. Within three working days from the date of receiving a valid request for correction of errors, the registration authority must correct the errors and certify the request for correction of errors.

4. The retention of files and issuance of results of correction of errors shall be carried out in accordance with the provisions of Point 4.4, Clause 4, Section III of this Circular.

VIII. CANCELLATION OF REGISTRATION RESULTS OF MORTGAGES AND GUARANTEES

In cases where the mortgage or guarantee has already been registered, but the registration authority discovers that the declaration content in the request for registration does not correspond to the truth, does not comply with the agreement of the parties, and the parties do not request correction of errors, the registration authority shall issue a document to cancel the registration of the mortgage or guarantee and deregister it in accordance with the provisions of Clause 3, Section V of this Circular.

The document cancelling the registration of the mortgage or guarantee must be sent to the person requesting the registration of the mortgage or guarantee and the National Register of Mortgage Transactions.

IX. PROVISION OF INFORMATION ON MORTGAGES AND GUARANTEES WITH LAND USE RIGHTS AND FIXED ASSETS ATTACHED TO THE LAND

1. Any organization or individual wishing to obtain information on mortgage and guarantee by land use rights and attached assets may submit a request for information provision to the following state agencies:

1.1. Department of Natural Resources and Environment where the land and attached assets are located, in cases where the mortgagor or guarantor is an organization seeking information on mortgage and guarantee;

1.2. People's Committee of commune, ward, town where the land and attached assets are located, in cases where the mortgagor or guarantor is a household or individual seeking information on mortgage and guarantee;

1.3. National Register of Security Interests or its branches to obtain information on mortgage and guarantee of organizations, households, and individuals nationwide when the national database of security interests officially operates.

2. The person requesting information must pay the information provision fee when submitting the request for information provision.

3. Upon receiving the request for information provision, the registration officer shall examine the request, search for information in the security interest registration book, check the payment of fees, and provide current information on mortgage and guarantee according to the name of the mortgagor or guarantor recorded in the security interest registration book.

Within three working days from the date of receipt of a valid request for information provision, the registration agency shall directly issue or send through registered mail the information provision document to the requester.

X. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Mortgage and guarantee contracts signed before this Circular takes effect, which still have remaining performance periods, must also be registered in accordance with the provisions of this Circular.

3. Attached to this Circular are the forms for registration and information provision on mortgage and guarantee implemented at the Department of Natural Resources and Environment, People's Committee of commune, ward, town, replacing the forms previously issued.

4. The contents guiding the registration of mortgage and guarantee by land use rights and attached assets in the following documents are abolished:

4.1. Clause 1 and Clause 3 of Item VI of Circular No. 1417/1999/TT-TCĐC dated September 18, 1999 of the General Department of Land Administration guiding the implementation of Decree No. 17/1999/NĐ-CP dated March 29, 1999 of the Government on procedures for conversion, transfer, lease, sublease, inheritance of land use rights, and mortgage and capital contribution by the value of land use rights;

4.2. Clause 3 of Item II of Circular No. 1883/2001/TT-TCĐC dated November 12, 2001 of the General Department of Land Administration guiding the forms of contracts to implement the rights of land users; the form of mortgage contract by the value of land use rights and the guarantee contract by the value of land use rights issued together with Circular No. 1883/2001/TT-TCĐC dated November 12, 2001.

Responsibilities of the People's Committees of provinces and centrally governed cities in managing the registration of security interests by land use rights and attached assets

In addition to the tasks and powers stipulated in Article 7 of Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on the registration of security interests, the People's Committees of provinces and centrally governed cities shall manage the registration of security interests by land use rights and attached assets in their localities and have specific tasks and powers as follows:

5.1. Assigning staff to carry out the registration of mortgage and guarantee by land use rights and attached assets at registration agencies within their locality;

5.2 Ensuring material and technical conditions for registration agencies to organize registration and information provision according to their authority;

5.3. Cooperating with the Ministry of Natural Resources and Environment and the Ministry of Justice in training professional skills and expertise for staff engaged in the registration of mortgage and guarantee by land use rights and attached assets.

6. During the implementation of this Circular, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Justice and the Ministry of Natural Resources and Environment for research and resolution.

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Joint Circular No. 03/2003/TTLT-BTP-BTNMT guiding the procedures and formalities for registering and providing information on mortgage and guarantee using land use rights and attached assets.
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