JOINT CIRCULAR No. 05/2005/TTLT-BTP-BTNMT Circular guiding the registration of mortgage and guarantee by land use rights and attached assets

JOINT CIRCULAR

Guidelines for registering mortgage and guarantee using land use rights,

immovable property attached to land

______________________

Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

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

To ensure uniformity in the implementation of legal regulations concerning the registration of mortgages and guarantees using land use rights and immovable property attached to land, thereby facilitating such activities, the Ministry of Justice and the Ministry of Natural Resources and Environment provide guidelines for the registration of mortgages and guarantees using land use rights and immovable property attached to land as follows:

I. GENERAL PROVISIONS

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.

1.1. These Circulars guide the registration of mortgages and guarantees using land use rights and immovable property attached to land by economic organizations, households, individuals, overseas Vietnamese, foreign organizations, and foreign individuals who, according to the law, have the right to mortgage, guarantee, accept mortgages, and accept guarantees using land use rights and immovable property attached to land (hereinafter referred to collectively as the registration of mortgages and guarantees).

1.2. The provision of information regarding mortgages and guarantees using land use rights and immovable property attached to land shall be carried out in accordance with the guidance provided in Section VII of Circular No. 29/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment on guiding the preparation, amendment, and management of land administration files (hereinafter referred to as Circular No. 29/2004/TT-BTNMT).

2. Cases of registering mortgages and guarantees at the Land Registration Office

2.1. Mortgage and guarantee using land use rights.

2.2. Mortgage and guarantee using houses, other architectural works, forests, perennial trees (hereinafter collectively referred to as immovable property attached to land).

2.3. Mortgage and guarantee using land use rights and immovable property attached to land; by land use rights and immovable property attached to land formed in the future.

2.4. Mortgage and guarantee using immovable property attached to land formed in the future.

2.5. Changes, corrections, deletions of registrations of mortgages and guarantees using land use rights and immovable property attached to land as specified in Points 2.1, 2.2, 2.3, and 2.4 of this Clause.

2.6. Documents notifying the handling of mortgaged and guaranteed assets being land use rights and immovable property attached to land in cases where mortgages and guarantees have been registered.

3. Registration of mortgages and guarantees not covered by the cases registered at the Land Registration Office

In cases where mortgages and guarantees using immovable property attached to land are not covered by the cases registered at the Land Registration Office as specified in Clause 2 of this Section, they shall be registered at the National Register of Property Transactions Center under the Ministry of Justice in accordance with Circular No. 01/2002/TT-BTP dated January 9, 2002 of the Ministry of Justice on the authority, procedures, and formalities for registering and providing information on secured transactions at the National Register of Property Transactions Center under the Ministry of Justice and its Branches.

4. Requester for registration

The requester for registration is one of the parties or all parties signing the mortgage and guarantee contract. In case of changes to any party signing the mortgage and guarantee contract, the requester for registration may be the new mortgagor, guarantor, or the new recipient of the mortgage or guarantee.

In cases of registering mortgages and guarantees as stipulated by the bankruptcy law, the requester for registration is the Head of the Asset Management and Liquidation Team.

The requester for registration may authorize another person in accordance with civil law to request registration.

5. Responsibilities of the parties signing the mortgage and guarantee contracts when registering The parties signing the mortgage and guarantee contracts must bear responsibility for the contents of the registration request form and other documents and papers as prescribed by law included in the registration file. If the registration request form contains false information, does not match the agreement recorded in the mortgage contract or guarantee contract, or if any party or parties signing the mortgage and guarantee contracts forge the file causing damage, they must compensate according to the provisions of the law.

6. Time limit for submitting registration files for mortgages and guarantees

6.1. In cases where the credit contract includes a clause on mortgages and guarantees using land use rights and immovable property attached to land or the mortgage and guarantee contract using land use rights and immovable property attached to land is signed before or at the same time as the credit contract, within no more than five (05) working days from the date of signing the credit contract, one of the parties or all parties signing the mortgage and guarantee contract shall submit the registration file for mortgages and guarantees.

6.2. In cases where the registration request is not submitted within the prescribed time due to the fault of the requester for registration, the registration office will still carry out the registration and the requester for registration shall bear responsibility as stipulated in Article 13 of Decree No. 182/2004/NĐ-CP dated October 29, 2004 of the Government on administrative penalties in the field of land.

7. Time limit for registering mortgages and guarantees at the Land Registration Office

7.1. The registration of mortgages and guarantees as specified in Clause 2 of Section I of these Circulars shall be completed within no more than five (05) working days; for areas in mountainous regions, islands, remote, and far-flung areas, the registration period may be extended but not exceeding fifteen (15) working days for each case. The registration period starts from the day the Land Registration Office receives a valid registration file.

7.2. The time required to fulfill financial obligations to the State, subdividing plots, consolidating plots, renewing, and issuing certificates of land use rights as stipulated in Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on implementing the Law on Land (hereinafter referred to as Decree No. 181/2004/NĐ-CP) shall not be counted towards the registration period for mortgages and guarantees.

8. Legal effect of the registration of mortgages and guarantees

8.1. The mortgage contract using land use rights becomes effective from the date of registration.

The mortgage and guarantee has legal effect against third parties from the date of registration until the date of cancellation of registration.

The mortgage or guarantee has legal effect against third parties from the time of registration until the time of cancellation of registration.

In the case where mortgage and guarantee registration is carried out, the time of mortgage and guarantee registration is the time when the Office for Registration of Land Use Rights receives complete and valid mortgage and guarantee registration files. In the case of supplementary registration of mortgaged or guaranteed assets, the time of registration for the additional assets is the time when the Office for Registration of Land Use Rights receives complete and valid supplementary registration files.

8.2. A valid mortgage and guarantee registration file is a file that includes all types of documents as prescribed in Clause 1, Section III, Clause 2, Section IV, Clause 2, Section V, Clause 1, Section VI, and Clause 2, Section VII of this Circular.

8.3. In cases where there are corrections to errors in the declaration part by the person requesting registration, the registration time is the time when the registration authority receives a valid correction request file; if there are corrections to errors in the certification part by the registration authority, the registration time is the time when the registration authority receives the initial registration request file.

8.4. The order of priority for payment among those who simultaneously receive a mortgage or guarantee on the same asset is determined according to the order of registration.

9. Registration fees, information provision fees for mortgages and guarantees

9.1. Those requesting mortgage and guarantee registration; those requesting changes to registered mortgage and guarantee contents; those requesting registration of notification documents regarding the handling of collateral assets; those requesting corrections to errors in the mortgage and guarantee registration request content must pay registration fees.

9.2. Organizations and individuals requesting information on mortgages and guarantees must pay information provision fees.

9.3. The amount of registration fees and information provision fees, as well as the collection, management, and use of these fees, shall be 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, management, and use of registration fees and information provision fees for secured transactions and financial lease assets.

10. Registration forms for mortgages and guarantees

Those requesting mortgage and guarantee registration must use the Request for Registration Form; the registration authority must use the Register of Received Mortgage and Guarantee Registration Files, the List of Registered Mortgages and Guarantees issued together with this Circular, and the forms and documents issued together with Circular No. 29/2004/TT-BTNMT.

The Ministry of Justice is responsible for unified management and guidance on the use of registration forms for mortgages and guarantees.

II. REGISTRATION AUTHORITIES FOR MORTGAGES AND GUARANTEES

1. Authority to register mortgages and guarantees

1.1. The Office for Registration of Land Use Rights under the Department of Natural Resources and Environment of the province or centrally-administered city where the land or immovable property is located shall carry out mortgage and guarantee registration in cases where the mortgagor or guarantor is an economic organization, overseas Vietnamese residing abroad implementing investment projects in Vietnam, foreign organizations, or foreign individuals.

1.2. The Office for Registration of Land Use Rights under the District Natural Resources and Environment Sub-department where the land or immovable property is located, or the District Natural Resources and Environment Sub-department where the land or immovable property is located in places where the Office for Registration of Land Use Rights has not been established or has not been established (hereinafter referred to collectively as the District Office for Registration of Land Use Rights), shall carry out mortgage and guarantee registration in cases where the mortgagor or guarantor is a domestic household or individual; overseas Vietnamese residing abroad purchasing residential houses attached to land use rights.

2. Duties and powers of the Office for Registration of Land Use Rights in mortgage and guarantee registration

2.1. Registering mortgages and guarantees using land use rights and immovable property as prescribed in Clause 2, Section I of this Circular.

2.2. Collecting registration fees for mortgages and guarantees.

2.3. Refusing to register mortgages and guarantees in the following cases:

a) Not falling within the categories of mortgage and guarantee registration as prescribed in Clause 2, Section I of this Circular;

b) Not falling within the authority to register mortgages and guarantees as prescribed in Clause 1, Section II of this Circular;

c) The registration file does not comply with the requirements set forth in Point 8.2, Clause 8, Section I of this Circular;

d) When fake documents are discovered in the registration file;

đ) When inconsistencies between the information in the mortgage and guarantee registration request form and the information in the mortgage and guarantee contract or in the land administration records are found;

e) Information about the content of registered mortgages and guarantees in the request for change, correction of errors, cancellation of registration, or notification of the handling of mortgaged or guaranteed assets does not match the information in the land administration records;

g) When it is found that the mortgagor or guarantor does not fall within the category eligible for mortgage or guarantee using land use rights as prescribed by land laws;

h) The person requesting registration has not paid the registration fee.

3. Responsibilities of the Office for Registration of Land Use Rights in mortgage and guarantee registration

3.1. Registering strictly in accordance with the valid Request for Registration Form.

3.2. Implementing mortgage and guarantee registration in accordance with the procedures, formalities, and deadlines stipulated in this Circular.

3.3. Not requiring the parties to the mortgage and guarantee contract to submit any additional documents other than those specified in this Circular.

3.4. In cases of violation of the provisions of Points 3.1, 3.2, and 3.3 of this clause, the registering officer will be subject to disciplinary action and must bear material responsibility as prescribed in Clause 2, Article 175 and Article 176 of Decree No. 181/2004/NĐ-CP.

4. Sending the List of Registered Mortgages and Guarantees once a month (on the last day of the month) or transferring electronic data (in cases where the registration authority has applied information technology in mortgage and guarantee registration work) to the National Registry of Secured Transactions under the Ministry of Justice.

III. REGISTRATION OF MORTGAGES AND GUARANTEES USING LAND USE RIGHTS AND IMMOVABLE PROPERTY ATTACHED TO THE LAND

1. The registration file is submitted to the Office for Registration of Land Use Rights with the authority as prescribed in Clause 1, Section II of this Circular.

In the case where the mortgagor or guarantor is a household or individual using land and owning immovable property attached to the land in a commune or town, the mortgage registration and guarantee registration application shall be submitted to the People's Committee of the commune or town where the land or immovable property attached to the land is located, or to the Land Registration Office at the district level.

1.1. The mortgage and guarantee registration application by land use rights or by land use rights and immovable property attached to the land includes:

a) A request for mortgage and guarantee registration in two (02) copies; power of attorney (if any);

b) A mortgage or guarantee contract by land use rights and immovable property attached to the land that has been notarized or certified in accordance with point a, Clause 1, Article 130 of the Land Law, one (01) copy;

c) Certificate of land use rights issued in accordance with the Land Law of 1987, the Land Law of 1993, the Land Law of 2003, or Certificate of ownership of housing and land use rights in urban areas issued in accordance with Decree No. 60/CP dated July 5, 1994 of the Government (hereinafter referred to collectively as Certificate of land use rights); Certificate of ownership of housing, construction works, and other types of certificates of ownership of immovable property attached to the land if provided by law (hereinafter referred to collectively as Certificate of ownership of immovable property attached to the land);

In the case where the mortgagor or guarantor does not yet have a Certificate of land use rights, they must submit one of the types of documents on land use rights specified in Clauses 1, 2, and 5 of Article 50 of the Land Law; Confirmation letter from the state agency managing the Land Use Right Register Book or the Land Registry Book in cases where the mortgagor or guarantor is listed in the Land Use Right Register Book or the Land Registry Book; documents as stipulated in point a and point c, Clause 1, Article 135, point a and point c, Clause 1, Article 136, points a, c, d, and đ, Clause 1, Article 137 of Decree No. 181/2004/NĐ-CP to implement simultaneously with the issuance of the Certificate of land use rights;

d) In the case of registering mortgage and guarantee simultaneously with the division or consolidation of land lots (if required), in addition to the documents mentioned in items a, b, and c above, they must also submit an application for division or consolidation of land lots according to Form No. 17/ĐK issued together with Circular No. 29/2004/TT-BTNMT;

1.2. The mortgage and guarantee registration application by immovable property attached to the land or by immovable property attached to the land formed in the future includes:

a) A request for mortgage and guarantee registration in two (02) copies; power of attorney (if any);

b) A mortgage or guarantee contract, one (01) copy;

c) Certificate of land use rights or one of the types of documents on land use rights specified in Clauses 1, 2, and 5 of Article 50 of the Land Law; Confirmation letter from the state agency managing the Land Use Right Register Book or the Land Registry Book in cases where the mortgagor or guarantor is listed in the Land Use Right Register Book or the Land Registry Book;

d) Certificate of ownership of immovable property attached to the land (if any);

đ) Construction permit or investment project approved by the competent state authority in the case of mortgaging or guaranteeing by immovable property attached to the land formed in the future, which according to the law must be granted a construction permit or established an investment project;

2. In the case where the registration application is submitted to the People's Committee of the commune or town, the People's Committee of the commune or town collects the registration fee; records the registration application in the Mortgage and Guarantee Registration Application Receipt Book and hands over a receipt of the application to the person requesting registration;

Within no more than three (03) working days from the date of receiving the valid application, the People's Committee of the commune or town is responsible for transferring the entire application and the collected registration fee to the Land Registration Office at the district level;

3. When receiving the mortgage and guarantee registration application, the registration officer must check whether the registration is within the jurisdiction of their office; examine the registration application according to the guidelines set out in Clause 1 of this Section;

If the registration is within the jurisdiction and the registration application is valid, the registration officer requests the applicant to pay the registration fee; record the time of receipt of the application (hour, minute, day, month, year) on the Request for Registration Form; record the application in the Mortgage and Guarantee Registration Application Receipt Book and issue a notice of result delivery to the applicant;

If there are grounds to refuse registration as stated in point 2.3, Clause 2, Section II of this Circular, the registration officer refuses the registration and guides the applicant to comply with the relevant regulations. The refusal of registration must be documented in writing and the reasons for refusal must be clearly stated;

4. In the case of mortgaging or guaranteeing by land use rights, by land use rights and immovable property attached to the land, or by land use rights and immovable property attached to the land formed in the future, and the mortgagor or guarantor has a Certificate of land use rights, within the registration period, the Land Registration Office performs the following tasks:

4.1. Record the mortgage and guarantee registration content on the Certificate of land use rights in accordance with Decision No. 24/2004/QĐ-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment promulgating regulations on the Certificate of land use rights (hereinafter referred to as Decision No. 24/2004/QĐ-BTNMT) and Circular No. 01/2005/TT-BTNMT dated April 13, 2005 of the Ministry of Natural Resources and Environment guiding the implementation of some provisions of Decree No. 181/2004/NĐ-CP; record in the Land Registry Book and the Land Change Monitoring Book in accordance with Circular No. 29/2004/TT-BTNMT;

In the case of registering mortgage or guarantee by land use rights and immovable property attached to the land, but such property has not been recorded on the Certificate of land use rights, in column "Content of change and legal basis" of Section VI of the Certificate of land use rights and in column "Content of note or change and legal basis" of Section III of the page of the Land Registry Book, record "Mortgage by land use rights and immovable property attached to the land with Bank, economic organization, Mr., Mrs., or household (write name party accepting mortgage"Mortgage under Contract No. ... /... dated ..., ..., ..." for the case of mortgage, or record "Guarantee by land use right and property attached to the land with Bank, other economic organizations, Mr., Mrs., or household (write name party received guaranteepursuant to the guarantee contract or credit contract (in the case where the guarantee is recorded in the credit contract) number ... / ... dated ... / ... / ... for the case of guarantee.

In the case of registering mortgage or guarantee by the right to use land and attached assets formed in the future, in Column "Content of change and legal basis" Section VI of the Land Use Right Certificate, in Column "Content of note or change and legal basis" Section III of the Land Book page, and in Column "Content of change" of the Land Change Monitoring Book, record: "Mortgage by the right to use land and attached assets formed in the future with Bank, economic organization, Mr., Mrs., or household (write name party accepting mortgagepursuant to the mortgage contract or credit contract (in the case where the mortgage is recorded in the credit contract) number ... / ... dated ... / ... / ... for the case of mortgage, or record "Guarantee by the right to use land and attached assets formed in the future with Bank, economic organization, Mr., Mrs., or household (write name party accept guaranteepursuant to the guarantee contract or credit contract (in the case where the guarantee is recorded in the credit contract) number ... / ... dated ... / ... / ... for the case of guarantee;

4.2. Certify the registration in the Request Form for Registration of Mortgage or Guarantee;

4.3. Deliver directly or send via registered mail (at the request of the person requesting registration) one (01) copy of the Request Form for Registration and the Land Use Right Certificate, Ownership Certificate of Attached Assets (if any) to the person requesting registration or send to the People's Committee of the commune or town where the land or attached assets are located if the registration application is submitted to the People's Committee of the commune or town; retain the remaining documents of the registration file.

If the Land Registration Office refuses to register, return the entire file and the registration fee collected to the person requesting registration or send to the People's Committee of the commune or town if the registration file was submitted to the People's Committee of the commune or town.

Within a period not exceeding three (03) working days from the date of receiving the registration result or receiving the registration file and registration fee (in the case of refusal to register), the People's Committee of the commune or town shall be responsible for returning to the person requesting registration.

5. The registration of mortgage or guarantee by attached assets or attached assets formed in the future, where the mortgagor or guarantor has a Land Use Right Certificate, shall be carried out similarly according to the guidance provided in Clause 4 of this Section. In Column "Content of change and legal basis" Section VI of the Land Use Right Certificate, in Column "Content of note or change and legal basis" Section III of the Land Book page, and in Column "Content of change" of the Land Change Monitoring Book, record: "Mortgage by attached assets (or attached assets formed in the future) with Bank, economic organization, Mr., Mrs., or household (write name party accepting mortgagepursuant to the mortgage contract or credit contract (in the case where the mortgage is recorded in the credit contract) number ... / ... dated ... / ... / ... for the case of mortgage, or record "Guarantee by attached assets (or attached assets formed in the future) with Bank, economic organization, Mr., Mrs., or household (write name party accept guaranteepursuant to the guarantee contract or credit contract (in the case where the guarantee is recorded in the credit contract) number ... / ... dated ... / ... / ... for the case of guarantee.

6. In the case of mortgage or guarantee by the right to use land, by the right to use land and attached assets, or by the right to use land and attached assets formed in the future, where the mortgagor or guarantor holds one of the types of land use rights certificates specified in Clauses 1, 2, and 5 of Article 50 of the Land Law, the Land Registration Office shall perform the following tasks:

6.1. Within the registration period, conduct a review of the file, if the file is valid, certify the registration of mortgage or guarantee on the request form for registration, deliver directly or send via registered mail (at the request of the person requesting registration) one (01) copy of the request form for registration and Ownership Certificate of Attached Assets (if any) to the person requesting registration or send to the People's Committee of the commune or town where the land or attached assets are located if the registration file was submitted to the People's Committee of the commune or town;

6.2. Carry out the procedure for issuing a new Land Use Right Certificate in accordance with Articles 135, 136, and 137 of Decree No. 181/2004/NĐ-CP.

After the competent authority issues a new Land Use Right Certificate, record the content of the registered mortgage or guarantee in the Land Use Right Certificate, Land Book, and Land Change Monitoring Book according to the guidance provided in Point 4.1 Clause 4 of this Section, and return the Land Use Right Certificate according to the guidance provided in Point 4.3 Clause 4 of this Section.

7. Registration of mortgage or guarantee in the case of using one asset to secure multiple obligations.

In the case where the mortgagor or guarantor uses the right to use land or the right to use land and attached assets to secure multiple obligations, if the mortgagee or guarantor is currently holding the Land Use Right Certificate, they must hand over that certificate to the mortgagor or guarantor to prepare the registration file for mortgage or guarantee according to the guidance provided in Clause 1 of this Section.

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

1. Cases requiring registration of changes in the content of already registered mortgage or guarantee:

1.1. Change one party or multiple parties signing the mortgage or guarantee contract;

1.2. Change the name of one party or multiple parties signing the mortgage or guarantee contract;

1.3. Reduce the mortgaged or guaranteed assets which are the right to use land or attached assets;

1.4. Replace or supplement mortgaged or guaranteed assets which are attached assets;

1.5. Change the order of priority for payment;

1.6. When the attached assets are assets formed in the future and have been formed according to the guidance provided in Clause 3 of Section I of Circular No. 06/2002/TT-BTP dated February 28, 2002 of the Ministry of Justice guiding certain provisions of Decree No. 165/1999/NĐ-CP dated November 19, 1999 of the Government on secured transactions.

2. The person requesting to register changes to the contents of a mortgage or guarantee that have been registered with a registration authority shall submit the application for registration of changes to the same authority where the original registration was made. The application package includes:

2.1. Two (02) copies of the request for registration of changes to the contents of a mortgage or guarantee; power of attorney (if applicable);

2.2. Certificate of land use rights in cases where the change involves information recorded on the Certificate of Land Use Rights; Certificate of ownership of attached assets (if applicable) in cases where the change involves replacement or supplementation of attached assets;

2.3. Contract regarding the change in the contents of the mortgage or guarantee. Documents from competent state agencies regarding the change in the name of one or more parties to the mortgage or guarantee contract in cases where there has been a change in the name;

3. The acceptance of applications for registration of changes shall be carried out in accordance with the guidelines set forth in Clauses 2 and 3 of Section III of this Circular.

4. Within the registration period, the Land Registration Office shall perform the following tasks:

4.1. Amend the registered mortgage or guarantee content on the Certificate of Land Use Rights in accordance with Decision No. 24/2004/QĐ-BTNMT; record it in the Land Registry Book and the Land Change Monitoring Book in accordance with Circular No. 29/2004/TT-BTNMT. In the column "Content of Changes and Legal Basis" of Section VI of the Certificate of Land Use Rights, in the column "Notes or Changes and Legal Basis" of Section III of the Land Registry Book, and in the column "Changes Content" of the Land Change Monitoring Book, the following shall be recorded:

a) In the case of changing one or more parties to the mortgage contract, record "Change the mortgagor (or mortgagee) to a new mortgagor (or mortgagee) named … (record the name of the new party) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …".

In the case of changing one or more parties to the guarantee contract, record "Change the guarantor (or guaranteed party) to a new guarantor (or guaranteed party) named … (record the name of the new party) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

b) In the case of changing the name of one or more parties to the mortgage contract, record "Change the name of the mortgagor (or mortgagee) to a new name … (record the name of the new party) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

In the case of changing the name of one or more parties to the guarantee contract, record "Change the name of the guarantor (or guaranteed party) to a new name … (record the name of the new party) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

c) In the case of reducing collateral or guarantee assets consisting of land use rights or attached assets, record "Reduce collateral (or guarantee) assets consisting of … (record information about the reduced assets); remaining collateral or guarantee assets are … (record information about the remaining assets) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

d) In the case of replacing collateral or guarantee assets with attached assets, cancel the registration of the replaced asset and record "Replace collateral (or guarantee) asset consisting of … (record information about the replaced asset) with … (record information about the replacement asset) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

In the case of adding collateral or guarantee assets consisting of attached assets, record "Add collateral (or guarantee) asset consisting of … (record information about the added asset) pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

e) In the case of changing the priority order of payment, record "Change the priority order of payment when disposing of collateral (or guarantee) assets for … (record the name of the preferred mortgagee or guaranteed party to be paid first,) to be paid first, … (record the name of the preferred mortgagee or guaranteed party to be paid later) to be paid later pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

f) In the case where the attached asset formed in the future has now been formed, record "Land attached asset formed in the future which has been mortgaged (or guaranteed) with Bank, economic organization, individual, or household (write name party mortgagee or receiving party guarantee) has now been formed pursuant to the Request for Registration of Changes to the Contents of Mortgage or Guarantee filed on … / … / …";

4.2. Certify the content of the registration change on the Request for Registration of Changes;

4.3. Return directly or send via registered mail (at the request of the applicant) one (01) copy of the Request for Registration, Certificate of Land Use Rights, and Certificate of Ownership of Attached Assets (if applicable) to the applicant or send to the People's Committee of the commune or town where the land or attached assets are located if the application was submitted to the People's Committee of the commune or town; retain the remaining documents of the application package.

If the Land Registration Office refuses to register, return the entire application package and the registration fee collected to the applicant or to the People's Committee of the commune or town, if the application was submitted to the People's Committee of the commune or town.

Within a period not exceeding three (03) working days from the date of receiving the registration result or receiving the registration file and registration fee (in the case of refusal to register), the People's Committee of the commune or town shall be responsible for returning to the person requesting registration.

5. In the case of adding land use rights as collateral or guarantee, the registration of addition shall be carried out in accordance with the guidelines set forth in Section III of this Circular.

In the case of replacing land use rights as collateral or guarantee, the cancellation of registration of the replaced asset shall be carried out in accordance with the guidelines set forth in Section VII of this Circular, and the registration of the replacement asset as collateral or guarantee shall be carried out in accordance with the guidelines set forth in Section III of this Circular.

V. REGISTRATION OF NOTICES REGARDING THE DISPOSITION OF COLLATERAL OR GUARANTEE ASSETS

1. In the event that it is necessary to dispose of land use rights or attached assets, and the registration of the mortgage or guarantee of these assets has already been completed, the mortgagee or guaranteed party must register the notice regarding the disposition of the collateral or guarantee at least fifteen (15) days before the disposal of the collateral or guarantee assets.

2. The mortgagor and guarantor submit two (02) copies of the Request for Registration of the Notice on the Disposal of Mortgaged Property, Guarantee and any power of attorney (if any) to the registration authority where the mortgage or guarantee was registered. The acceptance of the Request for Registration shall be carried out in accordance with Clause 2 and Clause 3 of Section III of this Circular.

3. Within the registration period, the Land Registration Office shall perform the following tasks:

3.1. Record the registration of the notice on the disposal of mortgaged property, guarantee in Part III of the Land Registry Book and the Land Change Monitoring Book in accordance with Circular No. 29/2004/TT-BTNMT; wherein in the column "Content of note or change and legal basis" of the Land Registry Book and in the column "Content of change" of the Land Change Monitoring Book, record "There is a notice on the disposal of ... (name of the asset to be disposed of) mortgaged (or guaranteed) with the Bank, economic organization, individual, or household according to the Request for Registration of the Notice on the Disposal of Mortgaged Property, Guarantee dated ... / ... / ...write name party mortgagee or party received guarantee"

3.2. Certify the Request for Registration of the Notice on the Disposal of Mortgaged Property, Guarantee;

3.3. Notify in writing about the disposal of mortgaged property, guarantee to all co-mortgagors and co-guarantors who have registered in cases where land use rights and assets attached to land are used to secure multiple obligations;

3.4. Retain one (01) copy of the Request for Registration; deliver directly or send via registered mail (at the request of the person requesting registration) one (01) copy of the form to the person requesting registration or send to the People's Committee of the commune or town where the land or assets attached to land are located if the registration notification document is submitted to the People's Committee of the commune or town.

Within a period not exceeding three (03) working days from the date of receiving the registration result or receiving the registration file and registration fee (in the case of refusal to register), the People's Committee of the commune or town shall be responsible for returning to the person requesting registration.

VI. CORRECTION OF ERRORS IN THE CONTENT OF MORTGAGE AND GUARANTEE REGISTRATION

1. When one of the parties or all parties to the mortgage or guarantee contract discover errors in the content of the mortgage or guarantee registration, they shall submit to the Land Registration Office where the mortgage or guarantee was registered two (02) copies of the Request for Correction of Errors; Certificate of Land Use Rights (if the content of the mortgage or guarantee registration recorded on the Certificate of Land Use Rights contains errors); Certificate of Ownership of Assets Attached to Land (if there is an error in the Request for Registration of Assets Attached to Land); power of attorney (if any).

2. The acceptance of the Request for Correction of Errors in the Content of Mortgage and Guarantee Registration shall be carried out in accordance with Clause 2 and Clause 3 of Section III of this Circular.

3. Within the registration period, the Land Registration Office shall perform the following tasks:

3.1. Amend the erroneous content on the Certificate of Land Use Rights in accordance with Decision No. 24/2004/QĐ-TNMT and on the Land Registry Book in accordance with the guidance provided in Circular No. 29/2004/TT-TNMT (if the content of the mortgage or guarantee registration recorded on the Certificate of Land Use Rights and on the Land Registry Book contains errors);

3.2. Certify the Request for Correction of Errors;

3.3. Deliver directly to the person requesting registration or send via registered mail (at the request of the person requesting registration) one (01) copy of the Request for Correction of Errors, Certificate of Land Use Rights, Certificate of Ownership of Assets Attached to Land (if any) or send to the People's Committee of the commune or town where the land or assets attached to land are located if the registration application is submitted to the People's Committee of the commune or town; retain the remaining documents of the registration file.

Within no more than three (03) working days from the date of receiving the result of correcting errors, the People's Committee of the commune or town shall be responsible for delivering that result to the person requesting registration.

VII. CANCELLATION OF MORTGAGE AND GUARANTEE REGISTRATION

1. The registration authority shall cancel the mortgage and guarantee registration in the following cases:

1.1. The obligation secured by the mortgage or guarantee has been fulfilled;

1.2. The mortgage or guarantee has been canceled or replaced by another security measure;

1.3. The mortgage or guarantee contract has been terminated pursuant to a court judgment or decision;

1.4. The mortgaged or guaranteed property has been disposed of in accordance with the law;

1.5. By agreement among the parties.

2. The application for cancellation of registration in the cases specified in Clause 1 of this Section shall be submitted to the Land Registration Office where the mortgage or guarantee registration was made. The application includes:

2.1. Two (02) copies of the Request for Cancellation of Mortgage and Guarantee Registration; power of attorney (if any);

2.2. Certificate of Land Use Rights.

3. The acceptance of the application for cancellation of mortgage and guarantee registration shall be carried out in accordance with the guidance provided in Clause 2 and Clause 3 of Section III of this Circular.

4. Within the registration period, the Land Registration Office shall perform the following tasks:

4.1. Cancel the mortgage and guarantee registration on the Certificate of Land Use Rights in accordance with Decision No. 24/2004/QĐ-TNMT on the Land Registry Book and the Land Change Registration Book in accordance with the guidance provided in Circular No. 29/2004/TT-TNMT;

4.2. Certify the cancellation of mortgage and guarantee registration on the Request for Cancellation of Mortgage and Guarantee Registration;

4.3. Deliver directly to the person requesting cancellation or send via registered mail (at the request of the person requesting cancellation) one (01) copy of the Request for Cancellation of Mortgage and Guarantee Registration, Certificate of Land Use Rights; or send to the People's Committee of the commune or town where the land or assets attached to land are located if the registration application is submitted to the People's Committee of the commune or town; retain the remaining documents of the cancellation registration file.

Within no more than three (03) working days from the date of receiving the registration result from the District-level Land Registration Office, the People's Committee of the commune or town shall be responsible for delivering that result to the person requesting registration.

5. In the case of cancellation of registration specified in Point 1.3 of Clause 1 of this Section, the mortgage and guarantee registration shall not have legal effect from the date of registration in accordance with Clause 8 of Section I of this Circular.

VIII. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen (15) days from the date of publication in the Official Gazette.

The following forms are attached to this Circular:

a) Form No. 01/ĐKTC: Request for Registration of Mortgage by Land Use Rights and Assets Attached to Land;

b) Form No. 02/ĐKBL: Request for Registration of Guarantee by Land Use Rights and Assets Attached to Land;

c) Form number 03/ĐKTĐ: Request form for registering changes to the content of mortgage and guarantee that have been registered;

d) Form number 04/XĐK: Request form for deleting registration of mortgage and guarantee with land use rights and attached assets;

đ) Form number 05/ĐKVB: Request form for registering notification documents regarding the handling of mortgaged assets;

e) Form number 06/SCSS: Request form for correcting errors;

g) Form number 07/BSTS: Supplementary page on assets;

h) Form number 08/BSCB: Supplementary page on parties signing the mortgage and guarantee contract;

i) Form number 09/DMĐK: List of cases already registered for mortgage and guarantee;

k) Form number 10/STN: Register for receiving mortgage and guarantee registration files with land use rights and attached assets;

The Land Registration Office is responsible for issuing forms (without charge) and guiding the declaration of forms for those requesting registration; printing and establishing the Register for receiving mortgage and guarantee registration files according to form number 10/STN.

2. This Circular replaces Circular Joint Circular No. 03/2003/TTLT-BTP-BTNMT dated July 4, 2003 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the procedures and formalities for registering and providing information on mortgage and guarantee with land use rights and attached assets.

3. Provincial People's Committees directly under the Central Government shall be responsible for organizing and directing the Department of Natural Resources and Environment, the Department of Justice, and other relevant departments at the local level and the People's Committees of districts, towns, cities directly under provinces to implement this Circular.

The Department of Natural Resources and Environment shall be responsible for directing and guiding the transfer of registration files of mortgage and guarantee before the date this Circular takes effect to the Land Registration Office under its jurisdiction; coordinating with the Department of Justice to organize professional guidance on mortgage and guarantee registration for the Land Registration Office.

The People's Committee of communes, wards, and towns shall carry out the transfer of registration files of mortgage and guarantee to the Land Registration Office at the district level or the Department of Natural Resources and Environment for districts, towns, and cities directly under provinces where no Land Registration Office has been established or not established.

5. Mortgage and guarantee contracts that have been registered in accordance with the provisions of the law before the date this Circular takes effect shall not need to be re-registered according to the guidelines set forth in this Circular.

6. During the implementation process, if there are difficulties or obstacles, individuals and organizations shall promptly reflect them to the Ministry of Justice and the Ministry of Natural Resources and Environment for research and resolution./.

6. During implementation, if there are difficulties or obstacles, individuals or organizations shall promptly report to the Ministry of Justice and the Ministry of Natural Resources and Environment for study and resolution./.