Joint Circular No. 09/2016/TTLT-BTP-BTNMT guiding the registration of mortgage on land use rights and real estate attached to the land.

JOINT CIRCULAR

Guidelines for registering mortgage on land use rights,

Immovable property attached to the land

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Based on the Civil Code dated June 14, 2005;

The Government issues this Decree on management and development of industrial clusters.

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

Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

The Minister of Justice and the Minister of Natural Resources and Environment issue this Joint Circular guiding the registration of mortgage on land use rights and immovable property attached to land as follows:

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Circular guides on the authority, documents, and procedures for registering mortgage on land use rights and immovable property attached to land.

Article 2. Applicability

This Circular applies to the following entities:

1. Households, individuals, domestic organizations; overseas Vietnamese; foreign individuals, foreign organizations, and enterprises with foreign investment capital shall implement the registration of mortgage on land use rights and immovable property attached to land in accordance with the provisions of the law;

2. Authorities having the power to register mortgage on land use rights and immovable property attached to land;

3. Other organizations and individuals related to the registration of mortgage on land use rights and immovable property attached to land.

Article 3. Explanation of Terms

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

1. Immovable property attached to land includes houses, other construction works, perennial trees, and planted production forests.

2. Future immovable property attached to land includes future houses under construction, other future construction works under construction and not yet accepted for use; future planted production forests; future perennial trees, including:

a) Investment projects for constructing houses, future houses of the project investor;

b) Future houses of organizations and individuals purchasing future houses in housing construction investment projects;

c) Future houses constructed on lawful residential plots of organizations and individuals;

d) Construction projects, other construction works;

đ) Planted production forests and perennial trees being formed or already formed by the mortgagor and the mortgagor establishing ownership of such assets after the date of signing the mortgage contract.

3. Registration of mortgage on future immovable property attached to land is the act of the competent authority recording information about the mortgage on future immovable property attached to land in the Land Registry Book or Mortgage Register of Future Immovable Property Attached to Land and the Application for Registration of Mortgage.

4Transfer of registration of mortgage arising from house purchase contracts is the act of the competent authority confirming the transfer of mortgage registration into the Land Registry Book, Certificate of Land Use Right, House Ownership Right and Other Immovable Property Rights Attached to Land (hereinafter referred to as the Certificate), and the Application for Transfer of Mortgage Registration in cases where mortgage registration arising from house purchase contracts requires transfer to registration of mortgage on future houses or to registration of mortgage on houses, and at the time of transfer, the parties have not yet canceled the registration of such mortgage rights.

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

1. Cases of registration of mortgage on land use rights and immovable property attached to land 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) Registration of changes to the contents of previously registered mortgages;

g) Registration of notices regarding the disposal of mortgaged assets in cases where mortgage registration has been made;

h) Cancellation of mortgage registration.

2. The registration of mortgage provided for in points a, b, c, d, and đ of Clause 1 of this Article includes cases of registration of mortgage on immovable property to secure the performance of civil obligations of the mortgagor or of another person.

Article 5. Competent Authority registration already registered for land use rights and assets attached to land

The competent authority for registering mortgage of land use rights and assets attached to land is the Land Registration Office and its branches (hereinafter referred to as the Land Registration Office).

Article 6. Effective Date of Mortgage Registration of Land Use Rights and Assets Attached to Land

1. The registration of mortgage of land use rights and assets attached to land as stipulated in points a, b, c, d, đ, g, and h Clause 1, Article 4 of this Circular shall take effect from the date the Land Registration Office records the registration content in the Land Registry Book.

For the Land Registration Offices that have not yet used the electronic Land Registry Book, the registration of mortgage of future-formed assets attached to land, except for the case stipulated in point đ Clause 1, Article 4, shall take effect from the date the Land Registration Office records the registration content in the Mortgage Registration Book of Future-Formed Assets Attached to Land.

2. The effective date of the mortgage registration as stipulated in point e Clause 1, Article 4 of this Circular shall be determined as follows:

a) In the case of adding mortgaged assets being land use rights and assets attached to land without signing a new mortgage contract, the effective date of the registration shall be the date the Land Registration Office records the changed registration content in the Land Registry Book or the Mortgage Registration Book of Future-Formed Assets Attached to Land;

b) In the case of changing other registered contents not falling under the case stipulated in point a of this clause, requesting corrections due to errors made by the registration personnel, or transferring mortgage registration arising from a house purchase contract, the effective date of the registration shall be the date of the initial mortgage registration.

Article 7. Methods of Submitting Mortgage Registration Application for Land Use Rights and Assets Attached to Land

1. The mortgage registration application for land use rights and assets attached to land shall be submitted through one of the following methods:

a) Direct submission;

b) Sending via guaranteed postal service;

c) Sending via the online registration system.

2. The submission of mortgage registration applications for land use rights and assets attached to land through the online registration method shall be implemented in localities that have operated land database systems and after receiving guidance documents from the Ministry of Justice and the Ministry of Natural Resources and Environment on online registration of secured transactions using land use rights and assets attached to land.

Article 8. Time Limit for Processing Mortgage Registration Applications for Land Use Rights and Assets Attached to Land

1. The Land Registration Office shall be responsible for registering and delivering results for mortgage registration cases as stipulated in Clause 1, Article 4 of this Circular immediately upon receipt of valid registration applications; if the application is received after 15:00 hours, it shall complete the registration and deliver the result on the next working day.

If the processing time needs to be extended, it shall not exceed three working days from the date of receipt of the valid registration application.

2. Households and individuals submitting mortgage registration applications at the People's Committee of communes, wards, towns (collectively referred to as the People's Committee of commune-level administrative units) shall transfer the application to the Land Registration Office within three working days from the date of receipt of the application.

When the applicant submits the mortgage registration application at the Single Window Service Center, the time limit for transferring the application to the Land Registration Office shall be carried out according to the Decision of the People's Committee of provinces and centrally-administered cities (collectively referred to as the People's Committee of provincial-level administrative units).

In the case of submitting mortgage registration applications at the People's Committee of commune-level administrative units or at the Single Window Service Center, the processing time limit for the registration application shall be calculated from the date the Land Registration Office receives the application transferred from the People's Committee of commune-level administrative units or from the Single Window Service Center.

3. The time limit for processing mortgage registration applications as stipulated in Clauses 1 and 2 of this Article does not include the time required for land change registration procedures, asset confirmation changes on the Certificate of Ownership, as stipulated in Clause 2, Article 9, or the time required for ownership confirmation procedures of assets attached to land on the Certificate of Ownership, as stipulated in Article 32 of this Circular.

Article 9. Refusal to Register in Case of Inconsistent Information in Registration Documents

1. The Land Registration Office shall refuse to register only if it discovers that the information in the registration documents does not match the information retained by the registration authority in the following cases:

a) The information about the mortgaged property, which is the land use right or immovable property attached to the land, declared in the Request for Registration or in the mortgage contract does not correspond with the information on the issued Certificate due to declaration errors by the person requesting registration;

b) The information about the mortgagor including: name; address; citizen identification number; public servant identification number; military officer identification number of the Vietnam People's Army or other legal status identification number declared in the Request for Registration or in the mortgage contract does not correspond with the information on the issued Certificate due to declaration errors by the person requesting registration;

c) The land use right does not fall within the cases allowed for mortgage under the Law on Land; the immovable property attached to the land does not meet the conditions for mortgage under relevant laws.

2. For the following information declared in the Request for Registration or in the mortgage contract that does not match the information retained by the registration authority, the person requesting registration must simultaneously carry out the mortgage registration procedures and the land and immovable property change registration procedures, and confirm changes according to the regulations of the Ministry of Natural Resources and Environment:

a) The parcel number and parcel area information does not match due to consolidation, re-measurement, or re-determination of the parcel area and dimensions; the administrative unit name information does not match due to changes according to the competent authority's documents;

b) The name; address; citizen identification number; public servant identification number; military officer identification number of the Vietnam People's Army or other legal status identification number of the mortgagor does not match due to changes according to the competent authority's documents.

Article 10. Signatures in the Request for Registration

1. The Request for Registration must contain full signatures and seals (if applicable) of organizations or individuals being the mortgagor and the mortgagee or their authorized representatives, except for the cases stipulated in Clauses 2, 3, 4, and 5 of this Article.

2. If the mortgage contract has been notarized or certified, the Request for Registration only requires the signature and seal (if applicable) of the mortgagor or the mortgagee or their authorized representative.

3. The Request for Registration only requires the signature and seal (if applicable) of the organization or individual being the mortgagee or their authorized representative by the mortgagee in the case of requesting to change the registered mortgage content regarding the mortgagee, correcting errors in the mortgagee's information, requesting to register the notice of asset disposal, or requesting to cancel the mortgage registration.

4. The Request for Registration only requires the signature and seal (if applicable) of the organization or individual being the mortgagor or their authorized representative in the case of requesting to cancel the mortgage registration and having a document agreeing to cancel the mortgage registration or a document confirming the release of the mortgage from the mortgagee.

5. The Request for Registration only requires the signature of the Administrator, enterprise managing, or liquidating assets in the case where the Administrator, enterprise managing, or liquidating assets of a business in bankruptcy is the person requesting registration.

Article 11. Principles for registering mortgage on land use rights and real estate attached to land

1. Principles for registering mortgage on future real estate attached to land

a) In cases where future housing has been registered for mortgage under the form of mortgage on property rights arising from a housing purchase contract, such housing shall not be simultaneously registered for mortgage under the form of mortgage registration for that housing. In cases where future housing has been registered for mortgage according to this Circular, it shall not be simultaneously registered for mortgage under the form of mortgage on property rights arising from a housing purchase contract.

b) In cases where the project investor has mortgaged and registered mortgage for a housing construction investment project or future housing, before selling housing within that project, the investor must complete procedures to change the content of the previously registered mortgage (reducing collateral assets).

c) Registration of mortgage on future real estate attached to land must be linked to the plot of land where the asset is located.

d) The Land Registration Office shall implement registration of mortgage on future real estate attached to land based on recording the content of the registration based on information declared on the Application Form for Registration. The person requesting registration declares the registration dossier and bears legal responsibility for the legality and accuracy of the declared information and all types of documents and papers in the registration dossier.

2. For cases of mortgage registration stipulated in Clause 2, Article 4 of this Circular, the Land Registration Office shall only register mortgage on land use rights and real estate attached to land for the land user or owner of the real estate attached to land; the responsibility for ensuring the performance of civil obligations of the mortgagor or another party is borne by the parties involved in signing the mortgage contract according to the provisions of civil law.

Article 12. Cases of transferring mortgage registration and principles for transferring mortgage registration on property rights arising from housing purchase contractsTransfer of mortgage registration on property rights arising from housing purchase contracts

1. Transfer of mortgage registration on property rights arising from housing purchase contracts shall be carried out in the following cases:

a) The person requesting registration has registered mortgage on property rights arising from a housing purchase contract and requests to transfer to registration of mortgage on future housing;

b) The person requesting registration has registered mortgage on property rights arising from a housing purchase contract and requests to transfer to registration of mortgage on housing due to the formation of future housing (already accepted for use).

2. The transfer of mortgage registration on property rights arising from housing purchase contracts stipulated in point b, Clause 1, Article 10 of this Circular shall be carried out concurrently with the procedure for certifying ownership of housing according to the provisions of Clause 2, Article 35 of this Circular.

3. In cases where the procedures for transferring mortgage registration have been implemented according to this Circular, the mortgagor and the mortgagee do not need to sign a new mortgage contract or an annex to the mortgage contract to supplement collateral assets.

Article 13. Documents proving exemption from payment of mortgage registration fee for land use rights and real estate attached to land

1. In cases where individuals or households are exempted from paying the mortgage registration fee for land use rights and real estate attached to land according to the provisions of Government Decree No. 55/2015/NĐ-CP dated June 9, 2015 on credit policies serving agricultural and rural development, but the mortgage contract does not contain a clause regarding borrowing funds for agricultural and rural development purposes, the person requesting registration shall submit one of the following documents:

a) A credit contract containing a clause regarding individuals or households borrowing funds for use in one of the fields serving agricultural and rural development;

b) A confirmation letter (signed and stamped) from a financial institution regarding individuals or households borrowing funds for use in one of the fields serving agricultural and rural development.

2. In cases of changing the content of the previously registered mortgage, registering a notice of asset disposal or cancellation of mortgage registration, if the mortgage registration dossier already contains one of the documents specified in Clause 1 of this Article, the person requesting registration does not need to submit these documents again.

Article 14. Registration fees and cases where registration fees are not required, fees for correcting errors

1. The level of collection of registration fees, the system of collection, submission, management, and use of registration fees for mortgage registration of land use rights and attached assets shall be implemented in accordance with the provisions of laws on fees and charges.

2. In cases where the person requesting registration is an entity exempt from paying registration fees, when implementing changes to the registered mortgage content, registration of notices regarding the handling of mortgaged assets, cancellation of registration, the Land Registration Office shall be responsible for comparing documents proving that they are exempt from paying mortgage registration fees, which are kept in the mortgage registration file, to serve as the basis for not collecting registration fees.

3. In cases where errors in registration are corrected due to the fault of the registration officer as stipulated in Articles 27 and 34 of this Circular, the person requesting registration shall not have to pay fees for correcting errors.

Article 15. Originals and copies of documents in the mortgage registration file

1. The person requesting registration shall submit one original copy of the following types of documents in the mortgage registration file:

a) Various Applications for registration, cancellation of mortgage registration, or Application for transfer of mortgage registration;

b) Mortgage contracts or notarized, authenticated mortgage contracts if prescribed by law; Contracts, contract appendices, or notarized, authenticated contracts, contract appendices if prescribed by law, or other documents in cases where the parties agree to change the registered mortgage content;

c) Certificate of Title;

d) Decision on land allocation or land lease;

đ) Credit agreement containing a clause about individuals or households borrowing funds for use in one of the fields serving agricultural and rural development, or a confirmation document (signed and stamped) issued by a credit organization regarding individuals or households borrowing funds for use in one of the fields serving agricultural and rural development;

e) Application for registration with certification by the registration authority if there is an error in the certified registration content or if the Application for registration lacks the certification content of the registration authority;

g) Certificate of Title in cases where the mortgage registration includes such a Certificate of Title and the mortgage registration content recorded on the Certificate of Title contains errors.

2. The person requesting registration shall submit one original copy or one copy simultaneously presenting the original for comparison of the following types of documents in the mortgage registration file:

a) Documents proving the agreement between the land user and the asset owner regarding the use of land to create attached assets, notarized or authenticated according to the law;

b) Construction permit as required by law for construction permits or Decision approving investment projects as required by law for project establishment;

c) House purchase contract signed between the mortgagor and the developer;

d) Contract assignment document for house purchase contracts;

đ) Document from the competent authority regarding changes to the registered mortgage content;

e) Notice document regarding the handling of mortgaged assets;

g) Agreement document for cancellation of mortgage registration from the mortgagee in cases where the cancellation request only has the signature of the mortgagor;

h) Information provision document regarding the mortgage of property arising from house purchase contracts or Certificate of Security Transaction Registration, contract, notice of asset seizure for enforcement, or Certificate of Change in Registered Mortgage Content issued by the National Register of Security Transactions under the Ministry of Justice;

i) Power of attorney document in cases where the person requesting mortgage registration is the authorized representative.

3. The person requesting registration shall submit one copy of the following types of documents in the mortgage registration file:

a) Master plan drawings of the project at a scale of 1/500 already approved by the competent authority and design drawings showing the layout of the project's works already approved by the competent authority in cases where the future mortgage of attached assets is a housing construction project, construction project, or other construction project;

b) List of registered mortgage contracts.

Article 16. Forms for registering mortgage of land use rights and real estate attached to the land

The following forms for registering mortgage of land use rights and real estate attached to the land shall be promulgated together with this Circular:

1. Form No. 01/ĐKTC: Application form for registering mortgage of land use rights and real estate attached to the land;

2. Form No. 02/ĐKTĐ-SCSS: Application form for requesting changes or corrections to registration;

3. Form No. 03/XĐK: Application form for requesting cancellation of mortgage registration;

4. Form No. 04/ĐKVB: Application form for registering notification documents on the disposal of mortgaged assets;

5. Form No. 05/CTĐK: Application form for transferring 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. Form No. 09/SĐKTC: Register book for registering mortgage of future real estate attached to the land.

Article 17. Responsibilities of agencies, organizations, and individuals in the activity of registering mortgage of land use rights and real estate attached to the land

1. The person requesting registration shall declare the registration dossier themselves and bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the information declared in the registration dossier.

2. The Land Registration Office ensures that the mortgage registration content is consistent with the information stored in the cadastral file; does not require the correction of the mortgage contract content unless it falls under the cases of errors specified in Clause 1, Article 9 of this Circular.

3. The Department of Justice, in addition to the tasks and authorities prescribed in Clause 5, Article 46 of Decree No. 83/2010/ND-CP dated July 23, 2010 of the Government on registration of secured transactions (hereinafter referred to as Decree No. 83/2010/ND-CP), shall have the responsibility to take the lead and coordinate with the Department of Natural Resources and Environment, the Department of Finance, the Department of Home Affairs, and other relevant departments and sectors to perform the following tasks:

a) Advising the provincial People's Committee to allocate sufficient human resources and funds to serve state management activities related to the registration of secured transactions at the local level; equipping adequate infrastructure, encouraging the application of information technology to support registration activities and provide information on mortgage of land use rights and real estate attached to the land;

b) Periodically or randomly inspect the Land Registration Offices at the local level regarding the results of registration and provision of information on mortgage of land use rights and real estate attached to the land;

c) Reviewing and submitting to the provincial People's Committee for issuance of regulations on coordination in state management of registration of secured transactions at the local level; procedures for registration and provision of information on mortgage of land use rights and real estate attached to the land in accordance with the provisions of this Circular and other relevant legal documents;

d) Directing and guiding the Land Registration Offices, organizations practicing notarization, and other agencies, organizations, and individuals to strictly and fully comply with the legal provisions on registration of secured transactions;

đ) Applying measures to encourage organizations and individuals to actively search for information on secured transactions, promoting the sharing of information on the legal status of collateral assets in the locality.

Article 18. Reporting and statistical system on the work of registering mortgage of land use rights and real estate attached to the land

1. The Land Registration Office shall carry out reporting and statistics every six months and annually on the work of registering mortgage of land use rights and real estate attached to the land and submit them to the Department of Justice for consolidation and reporting to the provincial People's Committee.

2. The provincial People's Committee shall carry out consolidated reporting and statistics every six months and annually on the work of registering mortgage of land use rights and real estate attached to the land in the province and submit them to the Ministry of Justice (the focal point being the National Registry of Secured Transactions) and the Ministry of Natural Resources and Environment (the focal point being the General Department of Land Administration). The Ministry of Justice shall be responsible for consolidating and reporting to the Government.

3. The deadlines for submitting periodic or ad hoc reports shall be implemented according to the regulations of the Ministry of Justice.

Chapter II

REGISTRATION OF MORTGAGE OF LAND USE RIGHTS,

REAL ESTATE ATTACHED TO THE LAND

Section 1

REGISTRATION DOSSIER

Article 19. Registration of mortgage on land use rights and simultaneous registration of mortgage on land use rights together with attached assets

The person requesting registration shall submit one (01) set of mortgage registration dossier including:

1. Request for mortgage registration according to Form No. 01/ĐKTC;

2. Mortgage contract or notarized or certified mortgage contract if prescribed by law;

3. Certificate of Title;

4. Documents proving in the following cases:

a) Power of attorney in case the person requesting mortgage registration is the authorized representative;

b) One of the types of documents proving that the subject is exempt from mortgage registration fee as stipulated in Clause 1, Article 13 of this Circular, if there is a request for exemption from such fee;.

Article 20. Registration of mortgage on attached assets

1. In case of mortgage on attached assets which have been certified with ownership rights on the Certificate of Title and the owner of the attached assets is simultaneously the land user, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising the types of documents specified in Article 19 of this Circular.

2. In case of mortgage on attached assets which have been certified with ownership rights on the Certificate of Title but the owner of the attached assets is not simultaneously the land user, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Clauses 1, 2 and 4 of Article 19 of this Circular;

b) Certificate of Title issued to the owner of the attached assets.

Article 21. Registration of mortgage on attached assets that have been formed but have not yet been certified with ownership rights on the Certificate of Title

1. In case of mortgage on attached assets that have been formed but have not yet been certified with ownership rights on the Certificate of Title and the owner of the attached assets is simultaneously the land user, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Article 19 of this Circular;

b) Dossier for application of ownership certification of attached assets as prescribed by land laws.

2. In case of mortgage on attached assets that have been formed but have not yet been certified with ownership rights on the Certificate of Title and the owner of the attached assets is not simultaneously the land user, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Clauses 1, 2 and 4 of Article 19 of this Circular;

b) Dossier for application of ownership certification of attached assets as prescribed by land laws.

Article 22. Registration of mortgage on land use rights together with attached assets to be formed in the future which are not residential buildings; registration of mortgage on attached assets to be formed in the future which are not residential buildings

The dossier for registration of mortgage on land use rights together with attached assets to be formed in the future which are not residential buildings, and registration of mortgage on attached assets to be formed in the future which are not residential buildings and not covered by Article 21 of this Circular is as follows:

1. In case of registration of mortgage on land use rights together with attached assets to be formed in the future, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Article 19 of this Circular;

b) Construction permit as required by law on construction permits or Decision approving investment project as required by law on investment project establishment, except when the mortgage contract has been notarized or certified;

c) Master plan drawing at scale 1/500 already approved by the competent authority and design drawings showing the layout of works of the project already approved by the competent authority in case the investor mortgaging the attached assets to be formed in the future is a construction project; Master plan drawing at scale 1/500 already approved by the competent authority and design drawings showing the layout of the work already approved by the competent authority in case the investor mortgaging the attached assets to be formed in the future is another construction work.

2. In case of registration of mortgage on attached assets to be formed in the future where the land user is simultaneously the owner of the attached assets, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Article 19 of this Circular;

b) The types of documents specified in points b and c of Clause 1 of this Article.

3. In case of registration of mortgage on attached assets to be formed in the future where the owner of the attached assets is not simultaneously the land user, the person requesting registration shall submit one (01) set of mortgage registration dossier comprising:

a) The types of documents specified in Clauses 1, 2 and 4 of Article 19 of this Circular;

b) The types of documents specified in points b and c of Clause 1 of this Article;

c) Document proving agreement between the land user and the owner of the attached assets regarding the land being used to establish the attached assets, which has been notarized or certified as prescribed by law.

Article 23. Registration of Mortgage for Real Estate Development Projects and Future Housing

The registration dossier for mortgage of real estate development projects and future housing, as prescribed by laws on housing, shall be as follows:

1. In case of registering mortgage for real estate development projects and future housing of the project developer, the person requesting registration shall submit one (01) set of mortgage registration dossier including:

a) The types of documents specified in Clauses 1, 2 and 4 of Article 19 of this Circular;

b) Certificate of Land Use Right or Decision on Granting Land Use Right or Leasing Land issued by the competent authority to the developer;

c) Construction permit as required by laws on construction or Decision on Approval of Investment Project as required by laws on investment, except in cases where the mortgage contract has been notarized or certified;

d) Master plan drawing of the project at a scale of 1/500 which has been approved by the competent authority and design drawings showing the layout of works of the project which have been approved by the competent authority in case the mortgaged property is a real estate development project; Master plan drawing of the project at a scale of 1/500 which has been approved by the competent authority and design drawings showing the layout of apartments which have been approved by the competent authority in case the mortgaged property is future housing.

2. In case of registering mortgage for future housing of organizations or individuals purchasing future housing in a real estate development project, the person requesting registration shall submit one (01) set of mortgage registration dossier including:

a) The types of documents specified in Clauses 1, 2 and 4 of Article 19 of this Circular;

b) Sales contract of housing signed between the mortgagor and the developer in compliance with laws on housing.

If the mortgagor is the transferee of the sales contract of housing, they must also submit a transfer agreement of the sales contract of housing in compliance with laws on housing.

3. In case of registering mortgage for future housing of organizations or individuals constructing housing on land under their own right of use, the person requesting registration shall submit one (01) set of mortgage registration dossier including:

a) The types of documents specified in Article 19 of this Circular;

b) Construction permit as required by laws on construction, except in cases where the mortgage contract has been notarized or certified.

Article 24. Registration of Changes to Registered Mortgage Content

1. Grounds for implementing registration of changes to registered mortgage content include:

a) Reduction, addition, or replacement of the mortgagor or mortgagee according to the agreement of the mortgagor and mortgagee;

b) Change of name or change of business form of the mortgagor or mortgagee according to the document of the competent authority;

c) Reduction of mortgaged property, including land use rights and attached assets, including reduction of future housing as stipulated in Point b Clause 1 Article 11 of this Circular;

d) Addition of mortgaged property, including land use rights and attached assets, in cases where the parties do not sign a new mortgage contract;

đ) When the mortgaged property is future attached assets (including future housing) has been formed and the mortgagor completes the procedure to certify ownership of the asset on the Certificate of Ownership;

e) Request to correct errors in the content declared in the Application for Registration;

g) Registration of changes to other registered contents outside the cases specified in Points a, b, c, d, đ, and e of this clause if the parties request such changes.

2. The person requesting registration shall submit one (01) set of mortgage registration dossier for changes including:

a) Application for Registration of Changes or Corrections according to Form No. 02/ĐKTĐ-SCSS;

b) Contract or supplementary contract or other document (for example: assignment contract of claim, debt purchase contract) for cases specified in Points a, c, and d Clause 1 of this Article, where the parties agree in the contract or document about adding or reducing mortgaged property; reducing, adding, or replacing the mortgagor or mortgagee;

c) Document of the competent authority regarding the change of name or change of business form of the mortgagor or mortgagee for cases specified in Point b Clause 1 of this Article;

d) Certificate of Ownership for cases of mortgage registration where the mortgage registration dossier includes the Certificate of Ownership;

đ) Documents specified in Point a Clause 4 Article 19 of this Circular.

3. In case the mortgagee in multiple registered mortgage contracts of land use rights and attached assets changes its business form, the person requesting registration shall submit one (01) set of registration dossier for changes for all those contracts. The dossier includes:

a) Application for Registration of Changes or Corrections according to Form No. 02/ĐKTĐ-SCSS;

b) Document of the competent authority regarding the change of business form;

c) List of registered mortgage contracts according to Form No. 08/DMHĐTC;

d) Certificate of Ownership for cases of mortgage registration where the mortgage registration dossier includes the Certificate of Ownership;

đ) Documents specified in Point a Clause 4 Article 19 of this Circular.

4. In case the mortgagee changes its name but does not fall within the cases specified in Article 3 of this Article or changes the mortgagee in multiple registered mortgage contracts of land use rights and attached assets, the person requesting registration shall submit one (01) set of registration dossier for changes for all those contracts. The dossier includes:

a) Application for Registration of Changes or Corrections according to Form No. 02/ĐKTĐ-SCSS;

b) Contract or supplementary contract or other document (for example: assignment contract of claim, debt purchase contract) where the parties agree on changing the mortgagee;

c) Document of the competent authority in cases of changing the name or changing the mortgagee;

d) List of registered mortgage contracts according to Form No. 08/DMHĐTC;

đ) Certificate of Ownership for cases of mortgage registration where the mortgage registration dossier includes the Certificate of Ownership;

e) Documents specified in Point a Clause 4 Article 19 of this Circular.

5. In the case of registering changes where the land user and the owner of the immovable property attached to the land, who is the mortgagor, is permitted by the competent state agency to change their name different from the name recorded on the Certificate of Land Use Right already issued, the person requesting registration shall submit one (01) set of application documents for change registration in accordance with Clause 2 of this Article and one (01) set of application documents for confirmation of name change on the Certificate of Land Use Right in accordance with the regulations of the Ministry of Natural Resources and Environment.

The Land Registration Office confirms the change of the mortgagor's name on the Certificate of Land Use Right and the cadastral file before carrying out the procedure for changing the mortgage content registration.

6. In the case where a land user mortgages multiple plots of land under one mortgage contract and has registered the mortgage, if the parties request a change registration with the content of reducing the mortgaged assets (for example: removing two mortgaged plots of land) while supplementing other mortgaged assets (for example: adding two other plots of land), the person requesting registration shall submit one (01) set of application documents for change registration in accordance with Points a, b, and d of Clause 2 of this Article.

7. For mortgage contracts of land use rights and immovable property attached to the land that have been registered and there is a change in the residential address or identification number of the mortgagor, such as the citizen identification card, the citizen identity card, or the military officer identification card of the People's Army of Vietnam, which differs from the information on the Certificate of Land Use Right, or there is a change in the information about the mortgaged plot due to consolidation, land exchange, or re-measurement to determine the area and dimensions of the plot, the parties do not need to carry out the change registration procedure as stipulated in this Circular but shall follow the procedures for issuing a new Certificate of Land Use Right as prescribed in Articles 76 and 78 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing certain provisions of the Land Law (hereinafter referred to as Decree No. 43/2014/ND-CP) for cases requiring issuance of a new Certificate of Land Use Right or following the procedures for confirming changes on the Certificate of Land Use Right as prescribed by the Ministry of Natural Resources and Environment.

8. The registration of changes concerning immovable property that is future-formed property as provided for in Point d, Clause 1 of this Article shall be carried out simultaneously with the procedure for certifying ownership of the immovable property on the Certificate of Land Use Right. The person requesting registration shall submit concurrently the Application for Change and Correction Form No. 02/ĐKTĐ-SCSS along with one (01) set of application documents for certification of ownership of the immovable property in accordance with the regulations of the Ministry of Natural Resources and Environment so that the Land Registration Office can carry out the procedure for certifying ownership of the immovable property attached to the land in accordance with the laws on land.

9. In the case of change registration as stipulated in Point b, Clause 1 of Article 11 of this Circular, in the Application for Change and Correction, the parties must detail the information about the reduced property, including the apartment number, apartment area, floor number, building name (write the building name) belonging to the project (write the project name), and the project address. In the case of reducing multiple apartments within the same housing construction project, the parties shall prepare a list of apartments and describe in detail the information about each apartment as mentioned above.

10. In the case of registering changes to the content of the previously registered mortgage as stipulated in Clause 1 of this Article, the person requesting registration does not need to cancel the registration of the mortgage of land use rights and immovable property attached to the land before carrying out the change registration.

Article 25. Registration of notification documents regarding the disposal of mortgaged property in cases where mortgage registration has already been made

The person requesting to register the notification document regarding the disposal of mortgaged property in cases where mortgage registration has already been made shall submit one (01) set of application files including:

1. A request for registration of the notification document regarding the disposal of mortgaged property according to Form No. 04/ĐKVB;

2. The notification document regarding the disposal of mortgaged property;

3. Documents specified in point a, Clause 4, Article 19 of this Circular.

Article 26. Cancellation of mortgage registration

The person requesting cancellation shall submit one (01) set of application files for cancellation of mortgage registration including:

1. A request for cancellation of mortgage registration according to Form No. 03/XĐK;

2. The consent document for cancellation of mortgage registration from the mortgagee if the request only bears the signature of the mortgagor;

3. Certificate of Registration for cases where the mortgage registration includes a Certificate of Registration in the application file;

4. Documents specified in point a, Clause 4, Article 19 of this Circular.

Article 27. Correction of errors in mortgage registration content due to the registrant's mistake

1. In case the registered content is found to be inaccurate, incomplete, or lacks the certification content on the request for registration form or Certificate of Registration, the person requesting registration shall submit one (01) set of application files for correction of errors to the Land Registration Office where the registration was made to correct the errors.

2. Application files for correction of errors include:

a) Application for Registration of Changes or Corrections according to Form No. 02/ĐKTĐ-SCSS;

b) The request for registration with certification from the registration authority if there is an error in the certified content of the registration or if the request for registration lacks certification content from the registration authority;

c) Certificate of Registration for cases where the mortgage registration includes a Certificate of Registration and the registered mortgage content on the Certificate of Registration contains errors;

d) Documents specified in point a, Clause 4, Article 19 of this Circular.

Article 28. Transfer of mortgage registration for property rights arising from real estate purchase contracts

In cases of transferring mortgage registration as stipulated in Clause 1, Article 12 of this Circular, the person requesting registration shall submit one (01) set of application files including:

1. A request for transfer of mortgage registration according to Form No. 05/CTĐK;

2. Information provision document regarding the mortgage of property rights arising from real estate purchase contracts or Certificate of Registration of secured transactions, contracts, notice of asset seizure for enforcement, or Certificate of Registration of changes to the content of the previously registered mortgage issued by the National Register of Secured Transactions Center under the Ministry of Justice;

3. Documents specified in point a, Clause 4, Article 19 of this Circular;

4. Application files for certification of ownership of housing according to laws on land and housing for cases where the transfer of mortgage registration of property rights arising from real estate purchase contracts is changed to mortgage of housing that has been formed (has been accepted for use).

Section 2

REGISTRATION PROCEDURES

Article 29. Submission of mortgage registration application files

The person requesting registration may choose to submit the mortgage registration application files to one of the following authorities or units:

1. Land Registration Office;

2. People's Committee of the commune where the land is located in cases where the person requesting registration is a household or individual who wishes to submit the application files directly to the People's Committee of the commune;

3. Single Window Service Unit for localities that have established a single window unit to implement the submission of application files and issuance of results of administrative procedures as prescribed by the Government.

Article 30. Acceptance of Mortgage Registration Applications

1. In cases where mortgage registration applications are submitted directly, upon receipt of the application, the receiving officer shall check the validity of the registration application and proceed with the following tasks:

a) In cases where the registration application is invalid, the receiving officer shall refuse to accept the registration application and directly guide the applicant to complete the application in accordance with the provisions of the law or issue a Completion Guidance Form for the application.

b) In cases where the registration application is valid, the receiving officer shall issue a Receipt for the applicant and set a date for the result delivery, which must include the following information: Date of receipt of the application (day, month, year); processing time limit; result delivery time limit; name and signature of the receiving officer.

c) Record in the Register of Receipt and Delivery of Registration Results and issue the Certificate of Registration in accordance with the regulations of the Ministry of Natural Resources and Environment (hereinafter referred to as the Register of Receipt and Delivery of Registration Results).

2. In cases where mortgage registration applications are submitted through postal service, upon receipt of the application, the receiving officer shall check the validity of the registration application and proceed with the following tasks:

a) In cases where the application is invalid, on the same day of receiving the application, the receiving officer shall prepare a refusal document containing the following information: Types of documents received in the registration application; reasons for refusal; guidance to complete the registration application. The refusal document shall be returned together with the registration application to the applicant via postal service with guarantee.

b) In cases where the registration application is valid, the receiving officer shall record in the Register of Receipt and Delivery of Registration Results.

Article 31. Procedures for Implementing Mortgage Registration, Change Registration, Notification Document Registration, and Cancellation Registration

1. After receiving the registration request application, the Land Registration Office shall examine the registration request application.

2. In cases where there are grounds to refuse registration according to Clause 1, Article 11 of Decree No. 83/2010/NĐ-CP and Clause 1, Article 9 of this Circular, the Land Registration Office shall refuse registration in writing and transfer the registration application and the refusal document to the receiving department to return the registration application and guide the applicant to comply with the regulations.

3. For cases of mortgage registration, change registration, and cancellation registration without grounds to refuse registration, within the time limit specified in Article 8 of this Circular, the Land Registration Office shall perform the following tasks:

a) Record the content of mortgage registration, change registration, or cancellation registration and the registration time in the Land Registry Book and Certificate of Ownership in accordance with the regulations of the Ministry of Natural Resources and Environment.

For cases of changing attached property that has been formed from future assets and the mortgagor requests to certify ownership of the asset on the Certificate of Ownership, the following specific content must be recorded in the Land Registry Book and Certificate of Ownership when there is a change: "The attached property has been formed, certified ownership on the Certificate of Ownership and continues to be mortgaged (name of the property) at (name of the mortgagee)";

b) After recording in the Land Registry Book and Certificate of Ownership, record the registration content and registration time (hour, minute, day, month, year) in the section "Certification by the Registration Authority" on the Registration Request Form.Certification of the Registration Authority on the Registration Request Form.

4. In cases of registering notification documents regarding the handling of mortgaged assets, record "Registration of notification document regarding the handling of mortgaged assets" in the Land Registry Book and record the registration content and registration time (hour, minute, day, month, year) in the section "Certification by the Registration Authority" on the Registration Request Form and notify in writing about the handling of mortgaged assets to all co-mortgagees registered in cases where land use rights and attached property are used to secure multiple obligations.

Article 32. Procedure for registering mortgage on property attached to land that has been formed but not yet certified on the Certificate of Land Use Right

1. After receiving valid documents, in cases where the property meets the conditions for ownership certification according to the laws on land, the Land Registration Office shall perform the following tasks:

a) Carry out procedures to certify ownership rights of property attached to land on the already issued Certificate of Land Use Right according to the laws on land or prepare documents to submit to the natural resources and environment authority for signing and issuing the Certificate of Land Use Right in cases requiring issuance of such certificate;

b) After the Certificate of Land Use Right is confirmed with changes or signed and issued according to point a of this clause, record the mortgage registration content and the registration time according to Clause 3, Article 31 of this Circular and deliver the registration result.

2. In cases where the property does not meet the conditions for ownership certification according to the laws on land, the Land Registration Office shall not carry out mortgage registration, notify in writing the person requesting registration, and shall not be liable for compensation for damages according to Article 49 of Decree No. 83/2010/NĐ-CP.

3. In cases where the right to use land has been registered for mortgage before the ownership of property attached to land is certified on the Certificate of Land Use Right, the person requesting registration does not need to cancel the mortgage registration of the right to use land when certifying the ownership of property on the already issued Certificate of Land Use Right.

Article 33. Procedure for registering mortgage in cases of supplementing guaranteed obligations

1. In cases where guaranteed obligations are supplemented and new mortgage contracts are signed, which are independent from previously registered mortgage contracts, the person requesting registration shall carry out new mortgage registration without needing to cancel previous mortgage registrations.

2. In cases where guaranteed obligations are supplemented and new mortgage contracts replace previously registered mortgage contracts, the person requesting registration shall submit one (01) set of documents for cancellation of previous mortgage registration and one (01) set of documents for new mortgage registration to simultaneously process the cancellation of previous mortgage registration and the new mortgage registration.

3. Parties do not need to carry out change registration in cases of supplementing guaranteed obligations if they satisfy the following conditions:

a) The previously registered mortgage contract contains provisions regarding mortgaging assets to secure future obligations;

b) Supplementing guaranteed obligations without supplementing collateral assets;

c) Parties only sign supplementary agreements or annexes to amend the previously registered mortgage contract without signing a new mortgage contract.

Article 34. Procedure for correcting errors in mortgage registration due to the fault of the registration officer

1. In cases where the registration officer discovers errors in the Land Register, Certificate of Land Use Right, Application for Registration, or Mortgage Register of property attached to land formed in the future due to their own fault, the registration officer must promptly report to the Director of the Land Registration Office for examination and decision on amending information in the aforementioned registers and documents, and send a notification about the amendment of information to the person requesting registration at the address stated on the Application for Registration.

2. In cases where the Land Registration Office receives requests for correction of errors discovered by the person requesting registration, within the time limit stipulated in Article 8 of this Circular, the Land Registration Office shall perform the following tasks:

a) Correct erroneous information about the registration content on the Certificate of Land Use Right and Land Register if there are errors on the Certificate of Land Use Right;

b) Certify the Application for Registration of Change and Correction of Errors;

c) Issue a correction document for erroneous information about the registration content on the Application for Registration if there are errors on the Application for Registration.

Article 35. Procedure for transferring mortgage registration of property rights arising from housing purchase contracts property rights arising from the sale and purchase contract for housing

1. In cases where mortgage registration of property rights arising from housing purchase contracts is transferred to mortgage registration of future housing, the Land Registration Office shall perform the following tasks:

a) Record: "Transfer of mortgage registration of property rights arising from housing purchase contracts to mortgage registration of future housing"and record the date of mortgage registration in the Land Register and the Mortgage Registration Transfer Request Form. The date of mortgage registration in this case is the initial mortgage registration date declared in Section 5 of the Mortgage Registration Transfer Request Form; and record the mortgage registration date in the Land Book and the Mortgage Registration Transfer Request Form. In this case, the mortgage registration date is the initial mortgage registration date declared in Section 5 of the Mortgage Registration Transfer Request Form;

b) Make a copy of the Mortgage Registration Transfer Request Form containing the content specified in point a of this clause for file retention;

c) Submit the Mortgage Registration Transfer Request Form c) Send the Mortgage Registration Transfer Request Form (one copy)

containing the content specified in point a of this clause to the Transaction and Property Registration Center so that the Transaction and Property Registration Center can carry out the cancellation of mortgage registration of property rights arising from housing purchase contracts;

2. For the transfer of mortgage registration of property rights arising from the sale and purchase contract for housing to mortgage registration of housing where the future housing has been formed (has been accepted for use), the Land Registration Office shall perform the following tasks:

d) Return the Mortgage Registration Transfer Request Form containing the content specified in point a of this clause to the requesting party.

2. In cases where mortgage registration of property rights arising from housing purchase contracts is transferred to mortgage registration of housing formed from future housing (housing has been completed and put into use), the Land Registration Office shall perform the following tasks:a) Carry out procedures to certify ownership of housing and issue Ownership Certificates to housing owners in accordance with laws on land and housing;” and record the mortgage registration date in the Land Book, the issued Certificate of Conformity, and the Mortgage Registration Transfer Request Form. In this case, the mortgage registration date is the initial mortgage registration date declared in Section 5 of the Mortgage Registration Transfer Request Form;

b) Record "Transfer of mortgage registration of property rights arising from housing purchase contracts to mortgage registration of housing" and record the date of mortgage registration in the Land Register, issued Ownership Certificate, and Mortgage Registration Transfer Request Form. The date of mortgage registration in this case is the initial mortgage registration date declared in Section 5 of the Mortgage Registration Transfer Request Form;

d) Submit the Mortgage Registration Transfer Request Form c) Send the Mortgage Registration Transfer Request Form c) Make a copy of the Mortgage Registration Transfer Request Form containing the content specified in point b of this clause for file retention;

đ) Deliver the Certificate of Conformity and return the Mortgage Registration Transfer Request Form containing the content specified in point b of this clause to the applicant for registration.

d) Send the Mortgage Registration Transfer Request Form containing the content specified in point b of this clause to the Transaction and Property Registration Center so that the Transaction and Property Registration Center can carry out the cancellation of mortgage registration of property rights arising from housing purchase contracts; e) Hand over the Ownership Certificate and return the Mortgage Registration Transfer Request Form containing the content specified at point b of this clause to the requesting party.

Article 36. Exchange of Information between the Land Registration Office and the Transaction and Property Registration Center on Transferring Mortgage Registration c) Send the Mortgage Registration Transfer Request Form of property rights arising from housing purchase contracts to mortgage registration of future housing

1. At least one working day before issuing the Ownership Certificate, the Land Registration Office sends the Mortgage Registration Transfer Request Form

Article 37. Returning Registration Results

1. The Land Registration Office shall return to the registration applicant one original copy of each of the following documents:

a) The registration request form with certification from the Land Registration Office;

b) The request form for transferring mortgage registration with certification from the Land Registration Office;

c) The certificate of title with recorded mortgage registration content, change registration content, cancellation registration content, or correction of errors;

d) The notification document for correcting erroneous information regarding the registration content in cases where the registrant discovers their own error in the land administration file, or the correction document for erroneous information regarding the registration content and the registration request form with certification from the registration authority in cases where the registration applicant discovers errors.

2. The Land Registration Office shall deliver the registration results to the registration applicant through direct collection at the Land Registration Office or the One-Stop Service Center, collection at the People's Committee of the commune in cases where the application was submitted to the People's Committee of the commune, or mailing via registered post according to the applicant's choice.

In cases where the registration applicant and the Land Registration Office have agreed on a different method for delivering the registration results, such delivery shall be made according to the agreed method.

3. In cases where the registration applicant submits the application and collects the registration results at the People's Committee of the commune, within three working days from the completion of the registration, the Land Registration Office shall be responsible for sending the registration results to the People's Committee of the commune to deliver the results to the registration applicant.

Article 38. Retaining Registration Files

1. The registering documents for mortgage registration include:

a) One original copy of each of the following documents: Mortgage Contract; Proof documents showing that no registration fee for guarantee transactions is required, if applicable;

b) One original copy or one photocopy of each of the following documents: Document proving the agreement between the land user and the asset owner regarding the use of land to create assets attached to land in cases of future mortgage registration of assets attached to land where the asset owner is not simultaneously the land user; Construction permit or investment project approval decision in cases of simultaneous mortgage of land use rights and future assets attached to land or future assets attached to land; House purchase contract signed between the mortgagor and the developer; Transfer document of the house purchase contract (if any); Power of attorney in cases where the registration applicant is the authorized person;

c) One photocopy of each of the following documents: Registration request form with certification from the registration authority; Certificate of title with mortgage registration certification; Land allocation decision or land lease decision in cases where the investor mortgages a future housing development project or future housing; Master plan drawing of the project scale 1/500 approved by the competent authority and construction design drawings reflecting the layout of the project's facilities already approved by the competent authority in cases of future assets attached to land being a housing development project, construction project, or other construction project.

2. Files retained for registration changes include:

a) One original copy of the contract or contract supplement regarding the change or another document proving the change content;

b) One original copy or one photocopy of the power of attorney in cases where the registration applicant is the authorized person;

c) One photocopy of each of the following documents: Change registration request form with certification from the registration authority; Certificate of title with change content certification in cases where the change content has been recorded on the Certificate of Title; List of registered mortgage contracts.

3. Files retained for cancellation of mortgage registration include:

a) One original copy or one photocopy of the consent document for cancellation of mortgage registration from the mortgagee in cases where the registration cancellation applicant is the mortgagor; Power of attorney in cases where the registration applicant is the authorized person;

b) One photocopy of the cancellation registration request form with certification from the registration authority and the certificate of title with mortgage cancellation certification.

4. Files retained for registration of notification documents regarding the handling of mortgaged property include:

a) One original copy or one photocopy of the notification document regarding the handling of mortgaged property; Power of attorney in cases where the registration applicant is the authorized person;

b) One photocopy of the registration request form for notification documents regarding the handling of mortgaged property with certification from the registration authority.

5. Files retained for correction of errors include:

a) One original copy or one photocopy of the power of attorney in cases where the registration applicant is the authorized person;

b) One photocopy of the change and error correction registration request form with certification from the registration authority; Certificate of title with erroneous content; Registration request form with errors; Notification document for correcting erroneous information regarding the registration content in cases where the registrant discovers their own error in the land administration file, or correction document for erroneous information regarding the registration content in cases where the registration applicant discovers errors.

6. Files retained for transfer of mortgage registration of property rights arising from house purchase contracts include:

a) One original copy of the notification document regarding the cancellation of mortgage registration of property rights arising from house purchase contracts sent by the Real Estate Transaction Registration Center in cases of transferring mortgage registration of property rights arising from house purchase contracts;

b) One original copy or one photocopy of the power of attorney in cases where the registration applicant is the authorized person; 

c) One copy of the following documents: The request for transfer of mortgage registration certified by the registration authority; Information document on the mortgage of property rights arising from the sale and purchase contract issued by the Registration Center for Transactions and Assets, or Certificate of Mortgage Registration, contract, notice of asset seizure for enforcement proceedings issued by the Registration Center for Transactions and Assets, or Certificate of Change in Registered Mortgage Content, if any.

 

Chapter III

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Circular takes effect from August 8, 2016.

2. This Circular replaces Circular No. 20/2011/TTLT-BTP-BTNMT dated November 18, 2011 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage of land use rights and real estate attached to land.

3. Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT dated April 25, 2014 of the State Bank of Vietnam, the Ministry of Construction, the Ministry of Justice, and the Ministry of Natural Resources and Environment guiding the procedures for mortgaging future residential properties as stipulated in Clause 2, Article 61 of Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing (hereinafter referred to as Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT) is hereby abolished.

Article 40. Transitional Provisions

1. For localities that have not established Land Registration Offices, the authority to register mortgage of land use rights and real estate attached to land 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 registration of mortgage of land use rights and real estate attached to land of domestic organizations, overseas Vietnamese individuals 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 real estate attached to land 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 real estate attached to land are located in cases where the Land Registration Office has not been established, shall handle the registration of mortgage of land use rights and real estate attached to land of domestic households and individuals, overseas Vietnamese individuals owning houses attached to residential land use rights in Vietnam and receiving the transfer of residential land use rights in housing development projects.

2. In cases where the person requesting registration has already registered the mortgage of land use rights and real estate attached to land, and the mortgage registration file contains a Land Use Right Certificate issued in accordance with the laws on land; House Ownership Certificate and Residential Land Use Right Certificate, House Ownership Certificate, House Ownership Certificate and Residential Land Use Right Certificate, Construction Project Ownership Certificate issued in accordance with the laws on housing and construction, now requests to exchange for a Land Use Right Certificate, House Ownership Certificate, and other assets attached to land in accordance with the Land Law 2013, it is not necessary to cancel the mortgage registration. After completing the procedure for exchanging the Land Use Right Certificate, House Ownership Certificate, and other assets attached to land in accordance with the law, the Land Registration Office shall record the mortgage registration content from the old certificate onto the new Land Use Right Certificate, House Ownership Certificate, and other assets attached to land.

3. In cases where the mortgage of land use rights and real estate attached to land has already been registered, and the mortgage registration file contains the certificates specified in Clause 2 of this Article, and there is a request to exchange for a certificate according to the Land Law 2013, the parties signing the mortgage contract do not need to register changes to the certificate content in the previously registered mortgage contract.

4. For Land Registration Offices that have not yet used the Land Registry (electronic), they shall use the Future Real Estate Mortgage Registration Book to handle the registration of mortgage of future real estate, except in cases where the mortgage of land use rights is simultaneously registered with future real estate.

5. In cases where the person requesting registration has already registered the mortgage of future residential properties in accordance with Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT and requests to change the registered mortgage content, register the notice of asset disposal, cancel the mortgage registration, or correct errors made by the registration authority, such registrations shall be carried out in accordance with this Circular.

In cases where the person requesting registration has already registered the mortgage of property rights arising from the sale and purchase contract but has not yet transferred the mortgage registration in accordance with Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT, they shall carry out the transfer in accordance with this Circular.

In cases where the person requesting registration has already registered the mortgage of future residential properties in accordance with Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT but has not yet transferred to the registration of residential property mortgages, they shall carry out the registration change in accordance with this Circular.

6. In cases where the project developer completes the issuance of the Certificate for the buyer of the asset or the buyer of the asset completes the issuance of the Certificate, the Land Registration Office shall be responsible for checking information on mortgage registration. If the asset is currently mortgaged as future property but the mortgagor and mortgagee do not have a Request for Change Registration Form and have not canceled the mortgage registration of future real estate, then after issuing the Certificate, the Land Registration Office shall record "The attached property has been formed, certified ownership on the Certificate of Ownership and continues to be mortgaged (name of the property) at (name of the mortgagee)" in the Land Registry and the issued Certificate.

7. In cases where mortgage registration has been made for property rights arising from contracts for the sale or transfer of immovable property not being residential houses, and there is a request to transfer such registration to mortgage registration for the immovable property that has been formed, accepted, and certified as ownership, the person requesting the registration shall carry out the procedure for transferring mortgage registration as the procedure for transferring mortgage registration of property rights arising from contracts for the sale of residential houses.

Article 41. 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 and agencies at the locality to implement this Circular.

2. The Departments of Natural Resources and Environment of provinces and centrally governed cities shall be responsible for directing the Land Registration Office to send information to the Department of Natural Resources and Environment to publish on the Department’s website regarding the developer having mortgaged the investment project for constructing residential houses, and mortgaging future residential houses after the Land Registration Office has completed the mortgage registration of the developer's investment project for constructing residential houses and future residential houses.

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./.