Joint Circular No. 06/2010/TTLT-BTP-BTNMT amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005, issued by the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and attached assets, and Joint Circular No. 03/2006/TTLT-BTP-BTNMT dated June 13, 2006, issued by the Ministry of Justice and the Ministry of Natural Resources and Environment amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005, guiding the registration of mortgage and guarantee by land use rights and attached assets.

JOINT CIRCULAR

Amending and supplementing certain provisions of Circular Joint Circular No.

05/2005/TTLT-BTP-BTNMT  dated June 16, 2005 issued by the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by property attached to land.

Ministry of Natural Resources and Environment guides the registration of mortgages and guarantees using immovable property attached to land and Circular

ownership of housing, and the Ministry of Natural Resources and Environment amends and supplements certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgages and guarantees using Circular Joint Circular No. 03/2006/TTLT-BTP-BTNMT dated June 13, 2006 issued by the Ministry of Justice and the Ministry of Natural Resources and Environment amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and property attached to land. rights to use land and immovable property attached to land  register mortgage and guarantee by land use right and attached assets

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Based on the Civil Code dated June 14, 2005;

Based on the Land Law dated November 26, 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment and Construction dated June 19, 2009;

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. 17/2006/NĐ-CP dated January 27, 2006 of the Government on Amending and Supplementing Certain Provisions of Decrees Guiding the Implementation of the Land Law and Decree No. 187/2004/NĐ-CP on the Transfer of State-Owned Enterprises into Joint Stock Companies;

Pursuant to Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on Issuing Certificates of Land Use Rights, Ownership of Housing and Other Property Attached to Land;

Pursuant to Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on Registration of Security Transactions;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

In order to ensure consistency in the implementation of legal regulations on the registration of mortgage of land use rights and property attached to land and to facilitate activities in this field, the Ministry of Justice and the Ministry of Natural Resources and Environment amend and supplement certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and property attached to land (referred to as Joint Circular No. 05) and Joint Circular No. 03/2006/TTLT-BTP-BTNMT dated June 13, 2006 amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and property attached to land (referred to as Joint Circular No. 03) as follows:

Article 1. Amending and supplementing certain provisions of Joint Circular No. 05 and Joint Circular No. 03

1. Supplementing Point 9.4 Clause 9 Section I of Joint Circular No. 05 as follows:

"When implementing the change registration as provided for in Clause 4 Article 1 of this Circular, the person requesting registration shall pay the change registration fee according to Point a Clause 1 Section II of Joint Circular No. 03/2007/TTLT/BTC-BTP dated January 10, 2007 of the Ministry of Finance and the Ministry of Justice guiding the collection, payment, management, and use of registration fees and information provision fees for security transactions for each case in the list of registered mortgage contracts."

2. Supplementing Clause 11 Section I of Joint Circular No. 05 as follows:

11. Signing the request for registration

11.1. The request for registration must be signed and stamped by organizations or individuals who are the parties to the mortgage contract, if applicable, or by the person authorized by one of the parties or all parties to the contract; by the Head of the Asset Management and Liquidation Team or the person authorized, except in the cases stipulated in Point 11.2 of this clause.

If the Head of the Asset Management and Liquidation Team is the person requesting registration, then the Head of the Asset Management and Liquidation Team signs the part of the request for registration concerning the mortgagee.

11.2. The request for registration only requires the signature and stamp of the mortgagee or the person authorized by the mortgagee to request registration in the case of requesting changes to the registered content regarding the mortgagee, correcting errors in the information about the mortgagee, registering the notification document regarding the handling of mortgaged assets, or canceling the mortgage registration."

3. Amending Clause 2 Section IV of Joint Circular No. 05 and Point 9 of Joint Circular No. 03 as follows:

"2. A person requesting to change the content of a registered mortgage at a registration authority shall submit the change registration application to that authority. The application for registration includes the following documents, except in the cases stipulated in Clause 4 Article 1 of this Circular:

2.1. Two (02) copies of the application for registration of change in the content of the registered mortgage; power of attorney, if applicable;

2.2. Certificate of Land Use Right, Ownership of Housing and Other Property Attached to Land issued under the Law Amending and Supplementing Certain Provisions of Laws Related to Investment and Construction or Certificate of Land Use Right issued under the Land Law in the case of changing the content already recorded on the Certificate.

In the case of replacing or adding property attached to land which is housing or other construction works, and the contract for changing the content of the mortgage has been notarized or certified in accordance with the law, there is no need to submit the Certificate of Ownership of Housing or Certificate of Ownership of Construction Works.

In the case of replacing or adding property attached to land which is construction works (excluding housing), and the contract for changing the content of the mortgage has not been notarized or certified, the Certificate of Ownership of Construction Works must be submitted, if applicable;

2.3. Contract for changing the content in the case where the parties agree to replace, add, or reduce mortgaged property, or agreement to change one of the parties to the mortgage contract, or document from a competent state agency in the case of changing the name or one of the parties to the mortgage contract according to the decision of a competent state agency."

4. Supplementing Clause 2a Section IV of Joint Circular No. 05 as follows:

"2a. In the case of a change in the name of the mortgagee or a change in the mortgagee in many registered land use right and property attached to land mortgage contracts, the person requesting registration may submit one set of application for registration of change in name or change in mortgagee for all such contracts. The registration application includes:

2a.1. Two (02) copies of the application for registration of change in the content of the registered mortgage; power of attorney, if applicable;

2a.2. Certificate of land use right, ownership of housing and other assets attached to the land issued in accordance with the Law amending and supplementing certain articles of laws related to investment or basic construction, or Certificate of land use right issued in accordance with the Land Law in cases of registering changes to the contents already recorded on such certificates;

2a.3. Contract for change where the parties agree to alter the mortgagee or document from the competent state agency in cases of name change or alteration of the mortgagee pursuant to a decision of the competent state agency;

2a.4. List of registered mortgage contracts”.

Article 2. Implementation

1. This Circular takes effect from May 1, 2010;

2. Along with this Circular, Model No. 08a/BSĐKTC: List of registered mortgage contracts is promulgated.

3. 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./.