Circular No. 07/2019/TT-BTP guiding certain contents regarding the registration of mortgage on land use rights and immovable property attached to the land.

CIRCULAR

Guidelines on certain matters concerning the registration of mortgage over land use rights and immovable property attached to the land.

Immovable property attached to the land

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Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to Decree No. 102/2017/NĐ-CP dated September 1, 2017 of the Government on registration of security measures;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the National Registration Agency for Security Interests;

The Minister of Justice issues this Circular guiding certain matters concerning the registration of mortgage over land use rights and immovable property attached to the land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions regarding the registration, refusal of registration, and registration forms for mortgage over land use rights and immovable property attached to the land.

Article 2. Applicability

1. Individuals and legal entities requesting to register mortgage over land use rights and immovable property attached to the land.

2. Household families are users of land requesting to register mortgage over land use rights and immovable property attached to the land in accordance with the Land Law and the Civil Code.

3. Branches of the Land Registration Office and the Land Registration Office under the Department of Natural Resources and Environment (hereinafter referred to collectively as the Land Registration Office).

4. Other subjects requesting to register or having rights and obligations related to the registration of mortgage over land use rights and immovable property attached to the land in accordance with the Law on Enforcement of Civil Judgments, Bankruptcy Law, or other relevant laws.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Immovable property attached to the land includes residential houses, construction works within housing development projects; individual residential houses as prescribed by the Law on Housing; other construction works as prescribed by laws on investment and real estate business and other relevant laws; perennial trees, production forests which are planted forests;

2. Immovable property attached to the land formed in the future includes:

a) Residential houses, construction works currently being invested in and not yet accepted for use include: Residential houses, construction works within housing development projects, individual residential houses as prescribed by the Law on Housing; other construction works as prescribed by laws on investment and real estate business and other relevant laws;

b) Production forests which are planted forests, perennial trees that have not been formed or have been formed but the mortgagor establishes ownership after the time of establishing the mortgage contract;

3. Transfer of registration of mortgage over assets arising from a house purchase contract is the act of the Land Registration Office confirming the registration of mortgage in cases where the registration of mortgage over assets arising from a house purchase contract requests to be transferred to the registration of mortgage over future-formed houses or to the registration of mortgage over houses at the time of request, the parties have not yet canceled the registration of mortgage over such assets;

4. Registration of mortgage over immovable property attached to the land formed in the future is the act of the Land Registration Office recording information about the mortgage over immovable property attached to the land formed in the future in the Land Registry Book or the Mortgage Registration Book for immovable property attached to the land formed in the future;

5. Certificate of land use right, ownership of house and other immovable property attached to the land in the mortgage registration dossier as stipulated in Decree No. 102/2017/ND-CP dated September 1, 2017 of the Government on registration of security measures (hereinafter referred to as Decree No. 102/2017/ND-CP) and this Circular includes the Certificate of land use right, ownership of house and other immovable property attached to the land issued in accordance with the Land Law 2013 and certificates specified in Clause 2, Article 97 of the Land Law 2013 (hereinafter referred to as the Certificate);

6. Request form for registration as stipulated in Decree No. 102/2017/ND-CP and this Circular includes: Request form for mortgage registration; Request form for change and correction registration; Request form for registration of notice on the disposal of mortgaged property; Request form for cancellation of registration; Request form for transfer of mortgage registration (hereinafter referred to as Request Form);

7. Information about the mortgagor who is an individual includes: Name, address, identification card number or citizen identity card number or passport number or certificate number issued in accordance with the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Defense Workers and Defense Civil Servants or other identification document numbers determining legal status in accordance with the law; other individual information required by the law on land to be included on the Certificate;

8. Information about the mortgagor who is a legal entity includes: Name, headquarters address, establishment registration certificate number (if any) and other legal entity information required by the law on land to be included on the Certificate;

9. Mortgage contract as stipulated in Decree No. 102/2017/ND-CP and this Circular may be a separate mortgage contract over land use rights and immovable property attached to the land or another contract containing a clause agreeing to mortgage land use rights and immovable property attached to the land;

10. Contract amending and supplementing the mortgage contract as stipulated in Decree No. 102/2017/ND-CP and this Circular may be a separate contract amending and supplementing the mortgage contract over land use rights and immovable property attached to the land or another document containing a clause agreeing to amend and supplement the mortgage contract over land use rights and immovable property attached to the land.

Article 4. Cases for registering mortgage on land use rights and attached assets

1. Cases for registering mortgage on land use rights and attached assets include:

a) Registering mortgage on land use rights;

b) Registering mortgage on attached assets;

c) Registering mortgage on both land use rights and attached assets simultaneously;

d) Registering mortgage on future attached assets;

đ) Registering mortgage on both land use rights and future attached assets simultaneously;

e) Registering mortgage on housing investment projects, construction projects that are not housing, or other investment construction projects in accordance with the provisions of the law;

g) Registering changes to the contents of the previously registered mortgage;

h) Registering notification documents regarding the handling of mortgaged assets in cases where a mortgage has been registered;

i) Canceling the registration of mortgage.

2. In the case of registering mortgage according to point e, Clause 1 of this Article, it shall be carried out similarly to the registration of mortgage on land use rights and future attached assets which are houses or construction works.

3. The registration of mortgage provided for in Clause 1 of this Article shall be implemented for cases where the mortgagor mortgages to ensure the performance of civil obligations of the mortgagor, to ensure the performance of civil obligations of another person, or to ensure the performance of civil obligations of both the mortgagor and another person.

Article 5. Principles for registering mortgage on land use rights and attached assets

1. The Land Registration Office shall implement the registration of mortgage as prescribed in Article 4 of this Circular for persons requesting registration in accordance with Clause 1 of Article 8 of Decree No. 102/2017/NĐ-CP, and shall only register mortgage on land use rights and attached assets when the mortgagor is the land user or the owner of the attached assets. The parties involved in the mortgage contract must bear responsibility for the contents of the agreement on the value of the collateral, the obligation secured, the guarantee of the performance of civil obligations of the mortgagor or another person as stipulated in Clause 3 of Article 4 of this Circular and other relevant provisions of civil law; agreements on collateral that are not land use rights or attached assets; other contents that the parties may agree upon in accordance with the law.

2. If a mortgage has already been registered on property rights arising from a house purchase contract, simultaneous registration of mortgage on future houses cannot be conducted; if a mortgage has already been registered on future houses, simultaneous registration of mortgage on property rights arising from a house purchase contract cannot be conducted.

3. In cases where the project investor has mortgaged and registered mortgage on a housing investment project or future housing, before selling houses in the project, the project investor must carry out procedures to change the contents of the previously registered mortgage to withdraw part of the mortgaged assets, except in cases where the project investor, buyer, and mortgagee have agreed otherwise.

In cases where the project investor has mortgaged and registered mortgage on construction projects that are not housing, other investment construction projects, or future construction projects within the aforementioned projects in accordance with the law, before selling construction projects in the project, the project investor must carry out procedures to change the contents of the previously registered mortgage to withdraw part of the mortgaged assets.

4. The Land Registration Office shall implement the registration of mortgage on future attached assets based on the principle of recording the registration content based on the information declared in the Request Form. The person requesting registration shall bear legal responsibility for the legality and accuracy of the declared information and the documents and papers in the registration file.

Article 6. Signatures and seals on the Request Form

Clause 1. The Request Form must contain the signatures of authorized persons and seals (if any) of the mortgagor and mortgagee consistent with the information in the mortgage contract or of their respective legal representatives, except for the cases specified in Clauses 2, 3, 4, 5, and 6 of this Article.

Clause 2. In cases where the mortgage contract or the amended and supplemented mortgage contract has been notarized or certified, the Request Form only needs to have the signatures of authorized persons and seals (if any) of the mortgagor or mortgagee or of their respective legal representatives.

Clause 3. In cases of requesting to change the registered content regarding the mortgagee as stipulated in Clause 1, Article 18 of Decree No. 102/2017/ND-CP, including changes due to corporate restructuring, debt purchase, or transfer of claims or other civil obligations according to the law, the Request Form only needs to have the signatures of authorized persons and seals (if any) of the new mortgagee or of their legal representative.

In cases of requesting to change the registered content regarding the mortgagee due to correcting errors in the information about the mortgagee; reducing mortgaged assets; registering a notice of asset disposal; or requesting cancellation, the Request Form only needs to have the signatures of authorized persons and seals (if any) of the mortgagee or of their legal representative.

Clause 4. In cases of requesting cancellation and having a settlement agreement of the mortgage contract or a consent to cancel registration from the mortgagee or a release confirmation from the mortgagee, the Request Form only needs to have the signatures of authorized persons and seals (if any) of the mortgagor or of their legal representative.

Clause 5. In cases where the liquidator, enterprise managing and settling the assets of a business in bankruptcy is the person requesting registration, the Request Form only needs to have the signatures of authorized persons and seals (if any) of the liquidator, of the enterprise managing and settling the assets.

Clause 6. In cases of cancellation registration as stipulated in point i, Clause 1, Article 21 of Decree No. 102/2017/ND-CP, where the person requesting cancellation registration is the Civil Enforcement Agency, Notary Public Office that has seized and disposed of the mortgaged assets or individuals, legal entities purchasing enforcement assets, the Request Form only needs to have the signatures of authorized persons and seals (if any) of these organizations or individuals or of their legal representatives.

Clause 7. In cases where a branch of a legal entity is assigned by the legal entity to perform the functions of the legal entity regarding registration of security measures according to its charter or by the authorization of the authorized person of the legal entity in accordance with the law in the cases stipulated in this Article, the signatures of authorized persons and seals (if any) of the branch replace those of the legal entity.

Article 7. Verification of Information in Cases Where the Party Requesting Mortgage Registration Is Exempt from Payment of Registration FeesIn cases where the party requesting mortgage registration is exempt from payment of registration fees, when implementing changes to the registered mortgage content, registering notifications regarding the disposal of mortgaged property, or canceling the registration, the Land Registration Office shall be responsible for verifying the documents proving that the party is exempt from paying mortgage registration fees for land use rights and attached assets, which are included in the retained mortgage registration file, as the basis for not collecting registration fees.

Article 8. Online Registration Implementation

The submission of mortgage registration files for land use rights and attached assets through online registration methods shall be implemented in localities that have operational land database systems and after receiving guidance documents on online registration of security interests involving land use rights and attached assets issued by the Ministry of Justice and the Ministry of Natural Resources and Environment.

Article 9. Responsibilities of Relevant Authorities Concerning Mortgage Registration of Land Use Rights and Attached Assets.

1. The Land Registration Office shall be responsible for sending information to the Department of Natural Resources and Environment to update and publish information about mortgaged assets after implementing changes to the registered mortgage content, correcting errors, or canceling mortgage registrations related to project mortgages for housing construction and non-residential construction projects in accordance with Article 64 of Decree No. 102/2017/NĐ-CP.

2. The Department of Justice shall be responsible for:

a) Taking the lead and coordinating with the Department of Natural Resources and Environment and other relevant agencies to develop and submit to the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) regulations on cooperation in state management of mortgage registration of land use rights and attached assets in the locality;

b) Taking the lead and coordinating with the Department of Natural Resources and Environment to guide and direct the Land Registration Office, notary organizations, and other relevant agencies and individuals in the locality to implement legal provisions concerning mortgage registration of land use rights and attached assets;

c) Taking the lead and coordinating with the Department of Natural Resources and Environment to conduct regular annual or ad hoc inspections in accordance with the law on the activities of the Land Registration Office in the locality regarding mortgage registration and provision of information on mortgaged land use rights and attached assets.

3. The Civil Enforcement Authority shall be responsible for sending notices regarding the attachment of assets for enforcement, and the release of such attachments, to the Land Registration Office where the land and attached assets subject to attachment are located immediately upon signing the decision to attach or release the attachment of assets, which are land use rights and attached assets.

The contents of the notice include: the number, date, month, and year of the decision to attach or release the attachment; information about the person subject to enforcement, the owner or user of the asset; information about the attached asset.

4. The Notary Public Office within its functions and authority as prescribed by law shall have responsibilities similar to those of the Civil Enforcement Authority as stipulated in Clause 3 of this Article.

4. The Notary Public Office, within the scope of its functions and authorities as prescribed by law, shall be responsible for performing duties as the Civil Enforcement Agency as stipulated in Clause 3 of this Article.

Article 10. Reporting and Statistical System for Land Use Right Mortgage Registration and Real Estate Attached to Land

Clause 1. The Land Registration Office shall annually report and statistically compile on land use right mortgage registration and real estate attached to land registration activities and submit to the Department of Justice for consolidation and reporting to the provincial People's Committee.

Clause 2. The provincial People's Committee shall annually report and statistically compile comprehensively or prepare specialized reports according to the requirements of competent authorities in accordance with the provisions of the law regarding land use right mortgage registration and real estate attached to land activities in the locality and send them to the Ministry of Justice.

Clause 3. Reporting and statistical activities shall be carried out in accordance with the regulations of the Ministry of Justice.

Chapter II

REFUSAL OF REGISTRATION, MORTGAGE REGISTRATION, CHANGE REGISTRATION, TRANSFER REGISTRATION, CANCELLATION OF REGISTRATION, RECORDING OF REGISTRATION FILES, MORTGAGE REGISTRATION FORMS FOR LAND USE RIGHTS AND REAL ESTATE ATTACHED TO LAND

Article 11. Refusal of Registration in cases where information in the registration file does not match the information retained at the Land Registration Office; in cases where there is a request from competent authorities to suspend or temporarily suspend land use right mortgage registration and real estate attached to land.

Clause 1. In cases where the information in the registration file does not match the information retained as stipulated in Point b, Clause 1, Article 15 of Decree No. 102/2017/ND-CP, the Land Registration Office shall refuse registration in the following cases:

Point a. Information about the mortgagor; mortgaged property being land use rights and real estate attached to land declared in the mortgage contract does not match the information on the Certificate of Conformity.

Point b. Information about the mortgagor; mortgaged property being land use rights and real estate attached to land declared in the Request Form does not match the information on the Certificate of Conformity, except in cases where the person requesting registration has corrected the mismatched information in the Request Form.

Clause 2. In cases where the Enforcement Officer of the Civil Execution Agency, the Notary Public of the Notary Public Office issues a document requesting to suspend or temporarily suspend land use right mortgage registration and real estate attached to land, the Land Registration Office shall implement in accordance with Point g, Clause 1, Article 15 of Decree No. 102/2017/ND-CP.

In cases where the competent authority conducting litigation and other competent authorities as prescribed by law issue a document requesting to suspend or temporarily suspend land use right mortgage registration and real estate attached to land, the Land Registration Office has the right to request these competent authorities to clearly define their authority, the cases of suspension or temporary suspension of registration applied in accordance with the provisions of the law on procedure and related laws.

Article 12. Mortgage Registration in cases where land use rights and real estate attached to land are common property of husband and wife, household, group of land users, private enterprise assets; in cases where information about the mortgaged property in the mortgage contract includes land use rights, real estate attached to land and other assets

Clause 1. The Land Registration Office shall carry out mortgage registration of land use rights and real estate attached to land in the following cases:

Point a. Mortgage of land use rights and real estate attached to land as common property of husband and wife where the Certificate of Conformity only records the surname and name of one spouse as the land user, owner of the house, and other real estate attached to land as stipulated in Clause 4, Article 98 of the 2013 Land Law but the information about the mortgagor in the mortgage contract of land use rights and real estate attached to land includes both the husband and wife.

Point b. Mortgage of land use rights and real estate attached to land as common property of a household where the Certificate of Conformity only records the Household of Mr. and the surname and name of the head of the household or Household of Mrs. and the surname and name of the head of the household but the information about the mortgagor in the mortgage contract of land use rights and real estate attached to land is determined by the Notary Public or the Authentication Authority to include the surname and name of the head of the household or the legal representative of the head of the household as well as the surname and name of other members who share the land use rights and ownership of real estate attached to land of the household.

In cases where land and real estate attached to land belong to the joint use rights and joint ownership of members of a household as land users, or a group of land users as stipulated in Clause 2, Article 167 of the 2013 Land Law, and one or some members of the household or group of land users request to register mortgage for their own part of the land use rights and real estate attached to land, before registering the mortgage, the person making the request must complete the procedures for dividing land use rights and ownership of real estate attached to land, and the procedures for subdividing land plots in accordance with the provisions of the land law to obtain a Certificate of Conformity.

Point c. Mortgage of land use rights and real estate attached to land where the Certificate of Conformity records the name of the private enterprise but the information about the mortgagor in the mortgage contract of land use rights and real estate attached to land is the surname and name of the private enterprise owner or the surname and name of the private enterprise owner and his/her spouse.

Clause 2. In cases where information about the mortgaged property in the mortgage contract includes land use rights, real estate attached to land and other assets, but in the Request Form, the parties only declare information about the mortgaged property being land use rights and real estate attached to land consistent with the information on the Certificate of Conformity, the Land Registration Office shall carry out mortgage registration for land use rights and real estate attached to land.

In cases where information about the mortgaged property in the mortgage contract and Request Form includes both land use rights and real estate attached to land, but the real estate attached to land has not been certified as owned on the Certificate of Conformity, the Land Registration Office shall carry out mortgage registration for land use rights.

In the case where information about the mortgaged property in the mortgage contract includes both the right to use land and attached immovable assets, but the Request Form only declares the mortgaged property as the right to use land, the Land Registration Office shall carry out the registration of the mortgage for the right to use land.

Article 13. Mortgage Registration in Cases of Changes in Information Regarding the Mortgagor or Mortgaged Property

1. In the following cases, the person requesting registration shall perform the registration of changes in land and attached immovable assets or confirmation of changes before carrying out the mortgage registration:

a) The parcel number and area of the land plot do not match the information on the Certificate of Land Use Right due to consolidation, measurement, or re-determination of the area and dimensions of the land plot;

b) The information about the attached immovable assets already certified on the Certificate of Land Use Right, including: type of house, building name, number of floors, construction area, usable area,, does not match the information on the Certificate of Land Use Right due to measurement, re-determination of the area, or construction, repair.

2. In the case of changes in information about the mortgagor on the Certificate of Land Use Right; changes in administrative unit information or other related information concerning the mortgaged property, which is the right to use land or attached immovable assets, due to decisions or documents from competent authorities as prescribed by law, the Land Registration Office may simultaneously carry out procedures for registration of changes in land and attached immovable assets or confirmation of changes with the mortgage registration procedure for the right to use land or attached immovable assets.

In the case where the decision or document of the competent authority stipulated in this clause applies solely to the mortgagor, the provision of such decision or document shall be carried out by the person requesting registration.

Article 14. Mortgage Registration of Attached Immovable Assets Formed in the Future

1. In the case of registering a mortgage on attached immovable assets formed in the future where the mortgagor is not concurrently the land user, the person requesting registration shall submit the documents specified in Clauses 1, 2, 4, 5, and 6 of Article 39 of Decree No. 102/2017/NĐ-CP.

2. In the case where the Land Registration Office has not yet applied the Electronic Land Book, the Mortgage Registration Book for Attached Immovable Assets Formed in the Future shall be used to carry out the mortgage registration of attached immovable assets formed in the future, except in the case of registering a mortgage on the right to use land concurrently with attached immovable assets formed in the future.

Article 15. Mortgage Registration in Cases Where the Attached Immovable Asset Is Not a Dwelling and Has Already Been Formed But Not Yet Certified Ownership on the Certificate of Land Use Right

1. In the case of registering a mortgage on attached immovable assets that are not dwellings and have already been formed but not yet certified ownership on the Certificate of Land Use Right as stipulated in Article 41 of Decree No. 102/2017/NĐ-CP, the Land Registration Office shall certify ownership of the attached immovable asset on the issued Certificate of Land Use Right according to the provisions of the Law on Land or submit the dossier to the competent authority to issue a new Certificate of Land Use Right for the formed asset.

After the Certificate of Land Use Right is confirmed to be changed or newly issued, the Land Registration Office shall record the mortgage registration content and the registration date in the Land Book, Certificate of Land Use Right, Request Form, and deliver the registration result. In this case, the processing time for the mortgage registration dossier does not include the time required to complete the procedure for certifying ownership of the attached immovable asset on the Certificate of Land Use Right or issuing a new Certificate of Land Use Right for the formed asset.

In the case where the asset does not meet the conditions for certification of ownership of the asset as prescribed by law, the Land Registration Office shall not carry out the mortgage registration and notify the person requesting registration in writing.

2. In the case where the right to use land has been registered for mortgage before the attached immovable asset is certified ownership on the Certificate of Land Use Right, the mortgage registration of the right to use land remains valid. When performing the certification of ownership of the asset on the Certificate of Land Use Right, the Land Registration Office will not require the parties to cancel the mortgage registration of the right to use land.

Article 16Changing Registered Mortgage Content already registered 1. In the case where there are multiple mortgaged properties in one mortgage contract and the parties request to change the content by removing some or several mortgaged properties while adding others, without falling under the cancellation of registration case stipulated in Point c Clause 1 Article 21 of Decree No. 102/2017/NĐ-CP (for example: removing one mortgaged land plot and adding two attached immovable assets), the person requesting registration only needs to submit one set of application documents for changing registration as prescribed in Clause 1 Article 43 of Decree No. 102/2017/NĐ-CP.

2. For the change registration case stipulated in Clause 3 Article 5 of this Circular, in the Request Form, the parties must detail the removed assets, including the following information: project name, project address, and other information to specifically identify the removed asset (for example, if the removed asset is a condominium in a housing development project, then the information to be declared includes the condominium number, area, floor number, building name...). In the case of removing multiple condominiums or construction projects within the same housing development project or construction project, the parties shall prepare a list of condominiums or construction projects and provide detailed descriptions of the information as declared in this clause.

3. In the case where the right to use land has already been registered for mortgage, and now the land user builds a non-residential construction on the land and wishes to supplement the mortgaged property, the parties may request certification of ownership of the attached immovable asset before or together with the change registration of the previously registered mortgage content.

3. In cases where land use rights have been registered as collateral, and now the land user constructs a non-residential building on the land and has a need to supplement collateral assets, the parties may request certification of ownership of assets attached to the land before or concurrently with registering changes to the previously registered collateral content.

4. In cases where there is a change in the mortgagor, the mortgagee due to corporate restructuring, purchase, sale of debt, or transfer of claims or other civil obligations according to the law, when implementing the registration of changes to the previously registered mortgage content, the party requesting registration shall submit decisions, documents from competent authorities regarding corporate restructuring, contracts, or other documents proving the purchase, sale of debt, transfer of claims, or transfer of other civil obligations in accordance with the form prescribed in point b, Clause 1, Article 43 of Decree No. 102/2017/NĐ-CP to replace the amended and supplemented mortgage contract.

5. In cases where multiple mortgage contracts have the same mortgagee and there is a change in information about the mortgagee or a change in the mortgagee due to corporate restructuring, purchase, sale of debt, or transfer of claims or other civil obligations according to the law, along with the documents stipulated in Clause 1, Article 43 of Decree No. 102/2017/NĐ-CP, the party requesting registration shall submit one (01) copy of the List of registered mortgage contracts for registration of changes to all such contracts.

6. In cases where the registration file includes the Certificate of Land Use Right as prescribed in Clause 2, Article 97 of the Land Law 2013 and there is a request to issue a new Certificate of Land Use Right according to the Land Law 2013, the parties involved in the mortgage contract do not need to register changes to the content of the Certificate of Land Use Right in the previously registered mortgage contract.

After the Certificate of Land Use Right is issued according to the law, the Land Registration Office shall be responsible for recording the mortgage registration content from the old Certificate of Land Use Right onto the new Certificate of Land Use Right.

7. In cases where the Request Form declares multiple mortgaged properties, but when disposing of the mortgaged property, the parties can only dispose of one or some of the properties, then the registration of changes should be carried out to withdraw the disposed mortgaged properties.

8. In cases where land use rights and attached assets have been registered for mortgage, and the land user or owner of the attached assets requests registration of land changes based on the grounds stipulated in Clause 1, Article 13 of this Circular, extension of the land use period before the expiration of the land use period, change of land use purpose, or other cases according to the Land Law, the Land Registration Office does not require the parties to cancel the mortgage registration before carrying out the land change registration procedures.

9. In cases where there is a change in information about the mortgagor; a change in information about the plot of land due to consolidation, exchange of plots, re-measurement to determine the area and dimensions of the plot, or a change in the condition of the attached asset different from the information on the Certificate of Land Use Right, the parties shall confirm the change on the Certificate of Land Use Right or issue a new Certificate of Land Use Right according to the Land Law without carrying out the registration of changes to the previously registered mortgage content. If a new Certificate of Land Use Right is issued, the Land Registration Office shall record the mortgage registration content on the new Certificate of Land Use Right.

Article 17. Recording mortgage registration content in cases where attached assets formed in the future have been formed and ownership rights certified

1. In cases where the registration of changes to the mortgage content is due to the fact that the attached asset is a future-formed asset that has been formed and the mortgagor requests certification of ownership rights on the Certificate of Land Use Right, the Land Registration Office shall record in the Land Register and Certificate of Land Use Right specific information about the formed attached asset that continues to be used as collateral to secure obligations for the mortgagee.

2. In cases where the project investor carries out the issuance of the Certificate of Land Use Right for the buyer of the asset or the buyer of the asset carries out the issuance of the Certificate of Land Use Right while the asset is still under mortgage as a future-formed asset and the mortgagor and mortgagee have not canceled the registration after the issuance of the Certificate of Land Use Right, the Land Registration Office shall record in the Land Register and Certificate of Land Use Right specific information about the formed attached asset that continues to be used as collateral to secure obligations for the mortgagee.

Article 18. Transfer of Mortgage Registration Arising from Housing Purchase Contracts

1. The parties to the mortgage contract may request the transfer of mortgage registration arising from housing purchase contracts that are not individual houses in the following cases:

a) They have registered the mortgage on the property rights arising from the housing purchase contract and request to transfer the registration to a mortgage on future housing;

b) They have registered the mortgage on the property rights arising from the housing purchase contract and request to transfer the registration to a mortgage on housing formed from future housing that has been completed and accepted for use.

2. In the case where the mortgage on the property rights arising from the sale of an individual house is registered according to the Law on Housing, when the mortgagor receives the Certificate of Ownership and the parties continue to agree to mortgage the land use right and the house to secure the performance of obligations, they may request registration of one of the following cases:

a) Cancel the registration of the mortgage on the property rights arising from the housing purchase contract at the Registration Center for Transactions and Assets under the National Registration Department for Security Interests of the Ministry of Justice (hereinafter referred to as the Registration Center for Transactions and Assets) and register the mortgage on the land use right and the house at the Land Registration Office;

b) Transfer the registration in accordance with Clause 2 of Article 46 of Decree No. 102/2017/ND-CP and register the mortgage on the land use right.

3. In the case of transferring the registration of the mortgage on the property rights arising from the housing purchase contract to the registration of the mortgage on housing, the competent authority does not require the parties to the mortgage contract to cancel the registration of the mortgage on the property rights arising from the housing purchase contract before completing the notarization or certification procedures for the housing mortgage contract.

4. In the case where the mortgage registration on the property rights arising from the sale or transfer of assets attached to land that are not houses is requested to be transferred to the registration of the mortgage on assets attached to land that have been formed, inspected, and certified ownership, the transfer of registration shall be carried out in accordance with the provisions of Articles 46 and 49 of Decree No. 102/2017/ND-CP and this provision.

Article 19. Cancellation of Mortgage Registration as Provided for in Clause 1 of Article 21 of Decree No. 102/2017/ND-CP

In the case of cancellation of registration as provided for in points d, đ, and e of Clause 1 of Article 21 of Decree No. 102/2017/ND-CP, depending on specific circumstances, the person requesting registration shall submit the types of documents specified in point a of Clause 2 of Article 47 of Decree No. 102/2017/ND-CP and one of the following documents (one original or one certified copy or one un-certified copy accompanied by the original for comparison) to replace the document specified in point b of Clause 2 of Article 47 of Decree No. 102/2017/ND-CP:

1. A discharge document; a contract termination document; a sale contract of auctioned assets approved by the competent authority or another document proving the completion of the disposal of all mortgaged assets;

2. Evidence proving the destruction, total loss, or effective decision to demolish or confiscate the asset by the competent state authority;

3. Court judgment, arbitration decision that has taken legal effect regarding the cancellation of the mortgage measure, declaring the mortgage contract void.

Article 20. Registering Documents

1. The registering documents for mortgage registration include:

a) One original or one certified copy of the following documents: Mortgage Contract; Documents proving exemption from fees when implementing security measures registration (if applicable); Housing purchase contract signed between the mortgagor and the developer; Transfer agreement of housing purchase contract (if applicable);

b) One original or one certified copy or one copy of the following documents: Notarized or authenticated agreement between land user and property owner regarding the use of land to create assets attached to land in cases where mortgage registration of future assets attached to land is made by the property owner who is not simultaneously the land user; Power of attorney in cases where the person requesting registration is the authorized representative or a document proving the representative's status in cases where the person signing the Registration Request Form is the representative of the mortgagor or mortgagee;

c) One copy of the following documents: Mortgage Registration Request Form with certification from the Land Registration Office; Certificate of registration with mortgage registration certification; Decision on land allocation or lease in cases where the developer mortgages a housing construction project; Construction permit or investment project approval decision in cases where the mortgage involves both land use rights and future assets attached to land or future assets attached to land (if applicable); Design drawings showing the layout of the construction project or the building layout within the project in cases where the developer mortgages a housing construction project; Design drawings showing the layout of the construction project in cases where the developer mortgages a construction project; Design drawings showing the layout of the asset attached to land that has been approved by the competent authority in cases where the mortgage involves future assets attached to land which are non-residential buildings.

2. The registering documents for changing the content of registered mortgage include:

a) One original or one certified copy of the following documents: Amended and supplemented mortgage contract or supplementary contract regarding changes; Debt purchase contract or other documents proving debt purchase; Contract or other documents regarding transfer of claims, transfer of obligations as prescribed by law;

b) One original or one certified copy or one copy of the following documents: Power of attorney in cases where the person requesting registration is the authorized representative or a document proving the representative's status in cases where the person signing the Registration Request Form is the representative of the mortgagor or mortgagee; Other documents proving the change content in cases where the change in mortgage content is based on decisions or documents of the competent authority;

c) One copy of the following documents: Registration Request Form for change or correction with certification from the Land Registration Office; Certificate with change content certification in cases where the change content has been recorded on the Certificate; List of registered mortgage contracts (if applicable).

3. The registering documents for correcting errors include:

a) One original or one certified copy or one copy of the power of attorney in cases where the person requesting registration is the authorized representative or a document proving the representative's status in cases where the person signing the Registration Request Form is the representative of the mortgagor or mortgagee;

b) One copy of the following documents: Registration Request Form for change or correction with certification from the Land Registration Office; Certificate with erroneous content; Already certified Registration Request Form with errors; Notification of correction of erroneous information about registration content in cases where the registrant discovers errors in the land registry due to their own mistake or Correction document of erroneous information about registration content in cases where the person requesting registration discovers errors.

4. The registering documents for registering notification of the disposal of mortgaged property include:

a) One original or one certified copy or one copy of the following documents: Notification of the disposal of mortgaged property; Power of attorney in cases where the person requesting registration is the authorized representative or a document proving the representative's status in cases where the person signing the Registration Request Form is the representative of the mortgagor or mortgagee;

b) One copy of the Registration Request Form for registering notification of the disposal of mortgaged property with certification from the Land Registration Office.

5. The registering documents for transferring mortgage registration of property rights arising from housing purchase contracts include:

a) One original of the notification of cancellation of mortgage registration of property rights arising from housing purchase contracts sent by the Real Estate Transaction and Property Registration Center in cases of transferring mortgage registration of property rights arising from housing purchase contracts;

b) One original or one certified copy or one copy of the power of attorney in cases where the person requesting registration is the authorized representative or a document proving the representative's status in cases where the person signing the Registration Request Form is the representative of the mortgagor or mortgagee;

c) One original or one certified copy of the following documents: Registration Request Form for transferring mortgage registration with certification from the Land Registration Office; Information provision document on mortgage of property rights arising from housing purchase contracts issued by the Real Estate Transaction and Property Registration Center; Certificate of security measure registration, contract issued by the Real Estate Transaction and Property Registration Center (if applicable).

6. The registering documents for canceling mortgage registration include:

a) One original or one certified copy of the following documents: Liquidation record of mortgage contract or document agreeing to cancel mortgage registration or release confirmation document of the mortgagee in cases where the request to cancel registration only has the signature of the authorized person, seal (if any) of the mortgagor.

b) One original or one certified copy or one copy of the following documents: Power of attorney in case the person requesting cancellation is the authorized person, or proof of representative capacity in case the signatory of the Request Form is the representative of the mortgagor or mortgagee; Discharge document, Contract Termination Document, Auctioned Asset Purchase and Sale Contract approved by the competent authority, or other documents proving the completion of collateral asset disposal; Evidence proving the destruction, total loss, demolition, confiscation decision of the competent state agency; Judgment or decision of the Court or arbitration award with legal effect regarding the cancellation of the mortgage measure, declaration of the mortgage contract as void in cases of cancellation according to points d, đ and e Clause 1 Article 21 of Decree No. 102/2017/NĐ-CP.

c) One certified copy of the Request Form for Cancellation with certification from the Land Registration Office and Certificate of Ownership with cancellation registration of mortgage noted.

Article 21. Mortgage registration form model

The components in the mortgage registration dossier for land use rights and attached assets shall be implemented according to the forms issued together with this Circular including:

1. Model No. 01/ĐKTC: Request Form for Mortgage Registration;

2. Model No. 02/ĐKTĐ-SCSS: Request Form for Change and Correction of Mortgage Registration;

3. Model No. 03/ĐKVB: Request Form for Registration of Notice on Collateral Asset Disposal;

4. Model No. 04/XĐK: Request Form for Cancellation Registration;

5. Model No. 05/CTĐK: Request Form for Transfer of Mortgage Registration;

6. Model No. 06/BSCB: Supplementary Page on Parties to the Mortgage Contract;

7. Model No. 07/BSTS: Supplementary Page on Collateral Assets;

8. Model No. 08/DMHĐTC: List of Registered Mortgage Contracts;

9. Model No. 09/SĐKTL: Register of Future Attached Asset Mortgages;

10. Model No. 10/VBTB: Notice on Temporary Suspension, Suspension of Mortgage Registration; Notice on Seizure, Release of Seizure of Land Use Rights and Attached Assets.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular takes effect from January 10, 2020.

2. This Circular replaces Circular Joint No. 09/2016/TTLT-BTP-BTNMT dated June 23, 2016 of the Minister of Justice and the Minister of Natural Resources and Environment guiding the registration of mortgage of land use rights and attached assets.

Article 23. Transitional Provisions

1. In cases where the mortgage measures of land use rights and attached assets have been registered before the effective date of this Circular, the person requesting registration does not need to re-register according to this Circular.

2. In cases where the person requesting registration submits the mortgage registration dossier for land use rights and attached assets before the effective date of this Circular but the dossier has not yet been processed, the registration office shall implement the mortgage registration according to this Circular based on the dossier submitted by the person requesting registration.

3. For localities that have not established a Land Registration Office, the authority to register the mortgage of land use rights and attached assets shall be determined as follows:

a) The Land Registration Office under the Department of Natural Resources and Environment of the provincial or centrally-administered municipal People's Committee shall handle the mortgage registration of land use rights and attached assets of domestic organizations, overseas Vietnamese implementing investment projects, foreign organizations, foreign individuals, or foreign-invested enterprises.

b) The Land Registration Office under the District, County, City District, or Provincial City People's Committee's Department of Natural Resources and Environment where the land and attached assets are located, or the District, County, City District, or Provincial City People's Committee's Department of Natural Resources and Environment where the land and attached assets are located in cases where the Land Registration Office has not been established, shall handle the mortgage registration of land use rights and attached assets of domestic households and individuals, overseas Vietnamese owning houses attached to residential land use rights in Vietnam, and receiving transfer of residential land use rights in housing development projects.

3. In cases where the person requesting registration has completed the mortgage registration of land use rights and attached assets according to Circular Joint No. 09/2016/TTLT-BTP-BTNMT dated June 23, 2016 of the Minister of Justice and the Minister of Natural Resources and Environment guiding the registration of mortgage of land use rights and attached assets, and requests changes to the registered mortgage content, registration of notice on collateral asset disposal, cancellation of mortgage registration, correction of errors made by the Land Registration Office, such requests shall be handled according to Decree No. 102/2017/NĐ-CP and this Circular.

Article 24. Responsibility for Implementation

1. The People's Committee of the province shall be responsible for organizing and directing the Department of Justice, the Department of Natural Resources and Environment, and relevant departments at the locality to implement this Circular.

2. During implementation, if there are difficulties or obstacles, individuals and organizations shall promptly reflect them to the Ministry of Justice for consideration and resolution./.