JOINT CIRCULAR No. 20/2011/TTLT-BTP-BTNMT GUIDING THE REGISTRATION OF MORTGAGE RIGHTS ON LAND USE RIGHTS AND FIXED ASSETS ATTACHED TO THE LAND

JOINT CIRCULAR

Guidelines for registering mortgage on land use rights and immovable property attached to land

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 Based on the Civil Code dated June 14, 2005;

Based on the Land Law dated November 26, 2003;

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

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

Pursuant to Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the Implementation of the Land Law;Pursuant to Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on Issuing Certificates of Land Use Rights, Ownership of Housing and Other Immovable Property Attached to Land;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010 of the Government amending and supplementing Decree No. 25/2008/NĐ-CP;

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

The Ministry of Justice and the Ministry of Natural Resources and Environment hereby jointly issue guidelines for registering mortgage on land use rights and immovable property attached to land as follows:

Article 1. This Circular provides detailed guidance on the authority, documents, and procedures for registering mortgage on land use rights and immovable property attached to land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Provision of information on mortgage on land use rights and immovable property attached to land shall be carried out in accordance with Chapter III of Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on Registration of Security Interests (hereinafter referred to as Decree No. 83/2010/NĐ-CP), Circular No. 09/2007/TT-BTNMT dated August 2, 2007 of the Ministry of Natural Resources and Environment guiding the establishment, amendment, and management of land administration records (hereinafter referred to as Circular No. 09/2007/TT-BTNMT), Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Ministry of Natural Resources and Environment stipulating the Certificate of Land Use Rights, Ownership of Housing and Other Immovable Property Attached to Land (hereinafter referred to as Circular No. 17/2009/TT-BTNMT), and Joint Circular No. 69/2011/TTLT-BTC-BTP dated May 18, 2011 of the Ministry of Finance and the Ministry of Justice guiding the system of fees for registration of security interests, fees for providing information on security interests, and fees for regular customer services (hereinafter referred to as Joint Circular No. 69/2011/TTLT-BTC-BTP).

Article 3. Individuals, households, domestic organizations, overseas Vietnamese, foreign individuals, and foreign organizations shall implement the registration of mortgage on land use rights and immovable property attached to land in accordance with the provisions of the law.

Article 2. Applicability

This Circular applies to the following entities:

Article 4. Other organizations and individuals related to the registration of mortgage on land use rights and immovable property attached to land.

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

Article 3. Cases of registering mortgage on land use rights and immovable property attached to land at the Land Registration Office

Clause 1. Registering mortgage on land use rights.

Clause 2. Registering mortgage on immovable property attached to land including mortgage on housing, other construction works, perennial orchards, and planted production forests.

Clause 3. Registering mortgage on immovable property attached to land to be formed in the future.

Clause 4. Registering mortgage on land use rights concurrently with immovable property attached to land.

Clause 5. Registering mortgage on land use rights concurrently with immovable property attached to land to be formed in the future.

Clause 6. Registering changes or cancellation of mortgage registration for the cases mentioned in Clauses 1, 2, 3, 4, and 5 of this Article.

Clause 7. Registering notification documents regarding the disposal of mortgaged assets in cases where mortgage registration has been made.

7. Register the notification document regarding the disposal of collateralized property in cases where mortgage registration has already been completed.

Article 4. Responsibilities of agencies, organizations, and individuals in the registration of land use right mortgages and mortgaged assets attached to 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.

3. The responsibility for reporting on the registration of land use right mortgages and mortgaged assets attached to land shall be carried out as follows:

a) The Land Registration Office shall conduct semi-annual and annual reports on the registration of land use right mortgages and mortgaged assets attached to land, and submit them to the Department of Justice for consolidation and reporting to the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee).

Semi-annual and annual reports must be submitted to the Department of Justice no later than seven days from the end of the reporting period specified in point c of this clause;

b) The Provincial People's Committee shall conduct semi-annual and annual reports on the registration of land use right mortgages and mortgaged assets attached to land in their respective localities, and submit them to the Ministry of Justice (the focal point being the National Registry of Security Transactions) for consolidation and reporting to the Government.

Semi-annual and annual reports must be submitted to the Ministry of Justice no later than twenty-five days from the end of the reporting period specified in point c of this clause;

c) For semi-annual reports, the data collection period runs from October 1 of the previous year to March 31 of the following year. For annual reports, the data collection period runs from October 1 of the previous year to September 30 of the following year.

4. In addition to the tasks and authorities stipulated in Clause 5 of Article 46 of Decree No. 83/2010/NĐ-CP, the Department of Justice 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 agencies to perform the following tasks:

a) Conducting surprise inspections or six-monthly and annual inspections of land registration offices at the local level regarding the results of registration and provision of information on land use right mortgages and mortgaged assets attached to land;

b) Reviewing and submitting to the Provincial People's Committee for issuance of regulations on coordination in state management of security transaction registrations at the local level; procedures for registering and providing information on land use right mortgages and mortgaged assets attached to land in accordance with the provisions of this Circular and other related legal documents;

c) Directing and guiding land registration offices, notary public organizations, and other agencies, organizations, and individuals to strictly and fully comply with the legal provisions on security transaction registrations;

d) Advising the Provincial People's Committee to allocate sufficient human resources and funds to support state management activities related to security transaction registrations at the local level; equipping adequate infrastructure, encouraging the application of information technology to serve registration and information provision activities on land use right mortgages and mortgaged assets attached to land;

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 5. Authority to Register Land Use Right Mortgages and Mortgaged Assets Attached to Land

1. The provincial-level Land Registration Office under the Department of Natural Resources and Environment of the province or centrally governed city (hereinafter referred to as the provincial-level Land Registration Office) where the land and assets attached to the land are located shall carry out the registration of land use right mortgages and mortgaged assets attached to land for domestic organizations; overseas Vietnamese individuals implementing investment projects in Vietnam; foreign individuals and foreign organizations.

2. The district-level Land Registration Office under the District Natural Resources and Environment Office where the land and assets attached to the land are located, or the District Natural Resources and Environment Office where the land and assets attached to the land are located in cases where a Land Registration Office has not been established (hereinafter referred to as the district-level Land Registration Office) shall carry out the registration of land use right mortgages and mortgaged assets attached to land for domestic households and individuals; overseas Vietnamese individuals purchasing houses attached to residential land use rights in Vietnam.

Article 6. Time limit for processing registration files

1. In cases where the registration file is valid and includes one of the following certificates issued by competent state agencies during different periods: Land Use Right Certificate issued according to the Land Law of 1987, the Land Law of 1993, the Land Law of 2003; House Ownership Certificate and Land Use Right Certificate, House Ownership Certificate issued according to the Housing Law of 2005; House Ownership Certificate and Land Use Right Certificate issued according to Decree No. 60/CP dated July 5, 1994 of the Government on house ownership rights and land use rights in urban areas; House Ownership Certificate, Construction Project Ownership Certificate issued according to Decree No. 95/2005/NĐ-CP dated July 15, 2005 on issuing House Ownership Certificates and Construction Project Ownership Certificates; Land Use Right Certificate, House Ownership Certificate and other assets attached to the land issued according to the amended and supplemented provisions of laws related to basic construction investment in 2009 and Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on issuing Land Use Right Certificates, House Ownership Certificates and other assets attached to the land, the Registration Office shall be responsible for processing the registration file immediately upon receipt of the valid registration file; if the file is received after 15 hours, it shall complete the registration on the next working day.

2. In cases where the registration file is valid and includes one of the documents specified in Clauses 1, 2, and 5 of Article 50 of the Land Law of 2003, the registration of mortgage shall be completed within no more than three working days from the date of receipt of the valid registration file.

3. In cases where the registration file is submitted to the People's Committee of the commune or at the single-window reception and result delivery unit of the People's Committee of the district, town, or provincial city (hereinafter referred to as the People's Committee of the district-level), the time limit for processing the registration file shall be calculated from the date the Registration Office receives the file transferred by the People's Committee of the commune or by the single-window reception and result delivery unit.

4. The time limit for processing the registration file stipulated in Clause 1 and Clause 2 of this Article does not include the time required to issue the Land Use Right Certificate, House Ownership Certificate, and other assets attached to the land or the time required to certify the ownership of assets attached to the land on the Land Use Right Certificate, House Ownership Certificate, and other assets attached to the land.

Article 7. Application for Registration

1. The application for registration must bear the signatures and seals (if any) of the organizations or individuals who are the parties to the mortgage contract or their authorized representatives, except in the following cases:

a) For a mortgage contract on land use rights, a mortgage contract on houses, a mortgage contract on other assets attached to the land, or a mortgage contract on assets attached to the land formed in the future, which have been notarized, certified, or confirmed according to the law, only the signature and seal of one party to the mortgage contract or their authorized representative are required;

b) For an application to change the registered content regarding the mortgagee, to correct errors in information about the mortgagee, to register a notice regarding the disposal of mortgaged property, or to cancel the mortgage registration, the signature and seal of the mortgagee are required;

c) For an application to cancel the mortgage registration, the signature and seal of the mortgagor and a written agreement to cancel the mortgage registration from the mortgagee are required.

2. The application for registration only requires the signature of the Head of the Asset Management and Liquidation Team in cases where the Head of the Asset Management and Liquidation Team of the enterprise that has entered bankruptcy status is the person making the application for registration.

Article 8. Registration fee for mortgage of land use rights and immovable property attached to the land

The level of registration fee, collection and management system, and usage of the registration fee for mortgage of land use rights and immovable property attached to the land shall be implemented according to Circular Joint No. 69/2011/TTLT-BTC-BTP.

Article 9. Application forms for registration

Organizations and individuals must use the application forms issued together with this Circular when carrying out the registration of mortgage of land use rights and immovable property attached to the land.

Chapter II

REGISTRATION OF MORTGAGE OF LAND USE RIGHTS,REAL ESTATE ATTACHED TO THE LAND

Section 1

REGISTRATION DOSSIER

Article 10. Documents for registering mortgage of land use rights, simultaneous mortgage of land use rights and immovable property attached to the land, or simultaneous mortgage of land use rights and immovable property attached to the land to be formed in the future

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

1. Request form for mortgage registration (01 original copy);

2. Mortgage contract on land use rights, mortgage contract on simultaneous land use rights and immovable property attached to the land, or mortgage contract on simultaneous land use rights and immovable property attached to the land to be formed in the future, which have been notarized, certified, or confirmed in accordance with the provisions of the law (01 original copy);

3. Certificate of land use rights, ownership certificate of house and other immovable property attached to the land (01 original copy);

4. Construction permit for immovable property attached to the land as required by law to obtain construction permits or approved investment projects in cases where immovable property attached to the land to be formed in the future is mortgaged, except when the mortgage contract has been notarized, certified, or confirmed or such property does not require construction permits or investment project establishment (01 certified copy);

5. Power of attorney in cases where the person requesting mortgage registration is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

Article 11. Documents for registering mortgage of immovable property attached to the land in cases where the owner of the immovable property attached to the land is also the user of the land

1. In cases where the immovable property attached to the land has already been certified on the Certificate of land use rights, ownership certificate of house and other immovable property attached to the land, the person requesting registration shall submit one (01) set of mortgage registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on immovable property attached to the land or mortgage contract on immovable property attached to the land that has been notarized, certified, or confirmed in accordance with the provisions of the law (01 original copy);

c) Certificate of land use rights, ownership certificate of house and other immovable property attached to the land (01 original copy);

d) Power of attorney in cases where the person requesting mortgage registration is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

2. In cases where the immovable property attached to the land has been formed but has not yet been certified on the Certificate of land use rights, ownership certificate of house and other immovable property attached to the land, the person requesting registration shall submit one (01) set of mortgage registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on immovable property attached to the land or mortgage contract on immovable property attached to the land that has been notarized, certified, or confirmed in accordance with the provisions of the law (01 original copy);

c) Certificate of land use rights, ownership certificate of house and other immovable property attached to the land (01 original copy);

d) Power of attorney in cases where the person requesting mortgage registration is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted;

d) Application dossier for certification of ownership of immovable property attached to the land as stipulated in Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on issuing Certificates of land use rights, ownership certificates of house and other immovable property attached to the land (hereinafter referred to as Decree No. 88/2009/NĐ-CP).

Article 12. Documents for registering mortgage on property attached to land when the owner of the property attached to the land is not simultaneously the user of the land.

1. In cases where the mortgage on property attached to the land is established on leased land of organizations, households, individuals, or through capital contribution with land use rights without forming a new legal entity, and the owner of such property has been issued a Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land, then the person requesting registration shall submit one (01) set of mortgage registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on immovable property attached to the land or mortgage contract on immovable property attached to the land that has been notarized, certified, or confirmed in accordance with the provisions of the law (01 original copy);

c) The Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land issued to the owner of the property attached to the leased land (01 original copy);

d) Power of attorney in cases where the person requesting mortgage registration is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

2. In cases where the mortgage on property attached to the land is established on leased land of organizations, households, individuals, or through capital contribution with land use rights without forming a new legal entity, and the property has already been formed but the owner of the property has not yet been issued a Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land, then the person requesting registration shall submit one (01) set of mortgage registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on immovable property attached to the land or mortgage contract on immovable property attached to the land that has been notarized, certified, or confirmed in accordance with the provisions of the law (01 original copy);

c) A power of attorney in cases where the person requesting the mortgage registration is the authorized representative (01 certified copy), except in cases where the person requesting registration presents the original Power of Attorney, only one (01) certified copy needs to be submitted for comparison;

d) Application documents for certification of ownership of property attached to the land as prescribed in Decree No. 88/2009/ND-CP.

Article 13. Documents for registering mortgage on future property attached to land.

1. In cases where the registration of mortgage on future property attached to the land is not the house purchased from a real estate business enterprise according to Article 61 of Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing (hereinafter referred to as Decree No. 71/2010/ND-CP), and the land user is simultaneously the owner of the property attached to the land, then the person requesting registration shall submit one (01) set of registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on future property attached to the land or mortgage contract on future property attached to the land that has been notarized, authenticated, or confirmed in accordance with the provisions of the law (01 original copy);

c) Construction permit for property attached to the land as required by law to obtain construction permission or investment project approved, except in cases where the mortgage contract on such property has been notarized, authenticated, or confirmed, or the property does not require construction permission, or an investment project does not need to be established (01 certified copy);

d) Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land (01 original copy);

đ) A power of attorney in cases where the person requesting the mortgage registration is the authorized representative (01 certified copy), except in cases where the person requesting registration presents the original Power of Attorney, only one (01) certified copy needs to be submitted for comparison.

2. In cases where the registration of mortgage on future property attached to the land is not the house purchased from a real estate business enterprise according to Article 61 of Decree No. 71/2010/ND-CP, and the land user is not simultaneously the owner of the property attached to the land, then the person requesting registration shall submit one (01) set of registration documents including:

a) Request form for mortgage registration (01 original copy);

b) Mortgage contract on future property attached to the land or mortgage contract on future property attached to the land that has been notarized, authenticated, or confirmed in accordance with the provisions of the law (01 version nineh);

c) Document proving the agreement between the land user and the owner of the property regarding the use of land to establish property attached to the land that has been notarized, authenticated, or confirmed in accordance with the provisions of the law (01 original or 01 certified copy);

d) Construction permit for property attached to the land as required by law to obtain construction permission or investment project approved, except in cases where the mortgage contract on such property has been notarized, authenticated, or confirmed, or the property does not require construction permission, or an investment project does not need to be established (01 certified copy);

đ) A power of attorney in cases where the person requesting the mortgage registration is the authorized representative (01 certified copy), except in cases where the person requesting registration presents the original Power of Attorney, only one (01) certified copy needs to be submitted for comparison.

Article 14. Documents for registering changes to the contents of previously registered mortgage

1. The person requesting registration shall submit one (01) set of documents for requesting registration of changes to the contents of previously registered mortgages when there is one of the following grounds:

a) Reducing, supplementing, or replacing the mortgagor or mortgagee;

b) Changing the name or type of business entity of one party or parties to the mortgage contract;

c) Reducing mortgaged property which is land use rights or attached assets;

d) Supplementing mortgaged property which is land use rights or attached assets;

đ) When the attached asset is future-formed property that has been formed;

2. The documents for registering changes include:

a) A request form for registering changes to the contents of previously registered mortgages (01 original copy);

b) The contract regarding the change in cases where the parties agree to supplement or reduce mortgaged property, or agree to reduce, supplement, or replace one of the parties to the mortgage contract (01 original copy) or a document from a competent state agency in cases of changing the name, changing the type of business entity, or changing one of the parties to the mortgage contract according to the decision of a competent state agency (01 certified copy), except in cases where the person requesting registration presents the original document from a competent state agency, only one (01) copy is required for comparison;

c) Certificate of land use rights, ownership certificate of house and other immovable property attached to the land (01 original copy);

d) An authorization document in cases where the person requesting registration is the authorized person (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

3. When the mortgagee in multiple land use right and attached asset mortgage contracts changes its type of business entity, the person requesting registration shall submit one (01) set of documents for requesting registration of changes for all such contracts, including:

a) The documents specified in points a, c, and d of Clause 2 of this Article;

b) A document from a competent state agency regarding the change in the type of business entity (01 certified copy), except in cases where the person requesting registration presents the original document, only one (01) copy is required for comparison;

c) A list of registered mortgage contracts (01 original copy).

4. When there is a change in the name of the mortgagee not falling under the provisions of Clause 3 of this Article or a change in the mortgagee in multiple land use right and attached asset mortgage contracts, the person requesting registration shall submit one (01) set of documents for requesting registration of a change in name or change in mortgagee for all such contracts, including:

a) The documents specified in points a, c, and d of Clause 2 of this Article;

b) The contract regarding the change in cases where the parties agree to change the mortgagee (01 original copy) or a document from a competent state agency in cases of changing the name or changing the mortgagee according to the decision of a competent state agency (01 certified copy), except in cases where the person requesting registration presents the original document, only one (01) copy is required for comparison;

c) A list of registered mortgage contracts (one original);

5. In cases of requesting registration of a change in the name of the mortgagor, the person requesting registration shall submit one (01) set of documents for requesting registration of changes as prescribed in Clause 2 of this Article and one (01) set of documents for requesting confirmation of a change in name on the Certificate of Land Use Right, House Ownership Right, and Other Assets Attached to Land as prescribed in Clause 1 of Article 29 of Circular No. 17/2009/TT-BTNMT.

Article 15. Documents for registering a notice about the disposal of mortgaged property in cases of previously registered mortgages

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 form for registering a notice about the disposal of mortgaged property (01 original copy);

2. A notice about the disposal of mortgaged property (01 original copy);

3. An authorization document in cases where the person requesting registration is the authorized person (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

Article 16. Documents for Cancellation of Mortgage Registration

When one of the cases for cancellation of mortgage registration as prescribed by law occurs, the person requesting registration shall submit one (01) set of cancellation documents including:

1. Request for Cancellation of Mortgage Registration (01 original copy);

2. Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land (01 original copy);

3. Written consent for cancellation of mortgage registration from the mortgagee in case the person requesting cancellation is the mortgagor (01 original copy);

4. Power of Attorney in case the person requesting registration is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

Article 17. Documents for Correcting Errors in Mortgage Registration Content Caused by the Registration Officer

In case the registered content is found to be inaccurate, incomplete, or missing on the Request for Mortgage Registration Form, or the Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land, the person requesting registration shall submit one (01) set of correction request documents to the Land Registration Office where the registration was made to correct the errors.

2. Application files for correction of errors include:

a) Request for Correction of Errors (01 original copy);

b) Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land if there are errors in the mortgage registration content recorded on this certificate (01 original copy);

c) Request for Registration with certification from the registration authority if there are errors in the certified registration content (01 original copy);

d) Power of Attorney in case the person requesting correction is the authorized representative (01 certified copy), except when the person requesting registration presents the original Power of Attorney, only one (01) copy for comparison needs to be submitted.

Section 2

REGISTRATION PROCEDURES

Article 18. Submission of Registration Documents

1. Individuals, households, overseas Vietnamese who purchase houses attached to residential land rights shall submit registration documents to the Land Registration Office at the district level where the land and assets attached to the land are located.

2. Domestic organizations, overseas Vietnamese implementing investment projects in Vietnam, foreign individuals, foreign organizations shall submit registration documents to the Land Registration Office at the provincial level where the land and assets attached to the land are located.

3. In case of mortgage of land use rights and assets attached to land in rural areas, domestic households and individuals may choose to submit documents to the Land Registration Office at the district level or submit documents to the People's Committee of the commune where the land and assets attached to the land are located. If the registration documents are submitted to the People's Committee of the commune, within three working days, the People's Committee of the commune shall be responsible for transferring the documents to the Land Registration Office at the district level.

Article 19. Acceptance of Registration Documents

1. After receiving the registration request documents, the registration officer shall perform the following tasks:

a) Verify the validity of the registration documents. If the documents are invalid, the document reception officer shall refuse to accept the registration documents and guide the person requesting registration to comply with the regulations;

b) Record the time of receipt (hour, minute, day, month, year) on the Document Receipt Form; sign and clearly write their name in the section for the document reception officer;

c) Enter the Document Receipt Register for Mortgage Registration of Land Use Rights and Assets Attached to the Land;

d) Provide the person requesting registration with the Document Receipt Form.

2. In case the registration request documents are submitted to the single-window service unit of the People's Committee at the district level, the document reception officer shall be responsible for immediately transferring the registration request documents to the Land Registration Office on the same working day to process them according to the provisions of Clause 1 of this Article.

Article 20. Registration of mortgage, registration of changes, registration of notification documents, cancellation of registration

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

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

3. In cases where there are no grounds to refuse registration, within the time limit specified in Article 6 of this Circular, the Land Registration Office shall certify the registration of mortgage, registration of changes, registration of notification documents or cancellation of registration on the Application Form for Registration and perform the following tasks:

a) For the case of registering a mortgage on land use rights and attached assets, the Land Registration Office shall record the content of the mortgage registration on the Certificate of Land Use Rights, House Ownership and Other Attached Assets; into the Land Registry Book and Land Change Monitoring Book as prescribed by law;

b) For the case of registering changes to the content of a previously registered mortgage, the Land Registration Office shall amend the content of the mortgage registration on the Certificate of Land Use Rights, House Ownership and Other Attached Assets; into the Land Registry Book and Land Change Monitoring Book as prescribed by law;

c) For the case of registering a notification document regarding the disposal of mortgaged assets, the Land Registration Office shall record the registration of the notification document regarding the disposal of mortgaged assets in the Land Registry Book and Land Change Monitoring Book; notify in writing about the disposal of mortgaged assets to the parties who have jointly accepted the mortgage when the land use rights and attached assets are used to secure multiple obligations;

d) For the cancellation of mortgage registration, the Land Registration Office shall cancel the registration on the Certificate of Land Use Rights, House Ownership and Other Attached Assets; cancel the registration in the Land Registry Book and Land Change Monitoring Book as prescribed by law.

4. In cases of registering a mortgage, registration of changes, registration of notification documents, cancellation of mortgage registration of attached assets formed in the future where the asset owner is not simultaneously the land user, the Land Registration Office shall only record the registration content on the Application Form for Registration, the Land Registry Book and Land Change Monitoring Book as guided in Clause 3 of this Article.

Article 21. Procedures for registering a mortgage on land use rights and attached assets in cases where the registration file contains one of the types of documents specified in Clauses 1, 2 and 5 of Article 50 of the 2003 Land Law

1. In cases where households or individuals have one of the types of documents specified in Clauses 1, 2 and 5 of Article 50 of the 2003 Land Law, they shall submit one (01) set of the mortgage registration file according to the guidance in Articles 10, 11, 12 and 13 of this Circular (excluding the Certificate) and one (01) set of the application file for issuance of the Certificate of Land Use Rights, House Ownership and Other Attached Assets as prescribed in Decree No. 88/2009/NĐ-CP for the Land Registration Office to carry out the mortgage registration and submit to the competent state agency for issuance of the Certificate.

2. After receiving the valid file transferred by the file reception officer, the Land Registration Office shall perform the following tasks:

a) Certify the mortgage registration on the Application Form for Mortgage Registration and issue the registration result as prescribed in Article 27 of this Circular;

b) Carry out the procedures for issuing the Certificate of Land Use Rights, House Ownership and Other Attached Assets as prescribed by law.

3. After the competent state agency issues the Certificate of Land Use Rights, House Ownership and Other Attached Assets, the Land Registration Office shall be responsible for recording the registered mortgage content on the Certificate of Land Use Rights, House Ownership and Other Attached Assets, the Land Registry Book and Land Change Monitoring Book and return the issued Certificate to the applicant.

4. In cases where the person applying for the issuance of the Certificate of Land Use Rights, House Ownership and Other Attached Assets does not meet the conditions for issuance of the Certificate as prescribed by law, the Land Registration Office shall cancel the mortgage registration, notify in writing to the applicant and shall not be liable for compensation for damages as prescribed in Article 49 of Decree No. 83/2010/NĐ-CP.

Article 22. Registration of Mortgage on Property Attached to Land that has been Formed but Not Yet Certified on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land

1. Within the time limit prescribed in Article 6 of this Circular, the Office for Registration of Land Use Rights shall perform the following tasks:

a) Certify the mortgage registration on the Application Form for Mortgage Registration and issue the registration result as prescribed in Article 27 of this Circular;

b) Carry out the procedures to certify ownership rights over property attached to land on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land in accordance with the provisions of the law.

2. After the competent state agency certifies ownership rights over property attached to land on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land, the Office for Registration of Land Use Rights shall be responsible for recording the mortgage registration content on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land, the Land Registry Book, the Land Change Monitoring Book, and return the Certificate to the person requesting registration.

3. In cases where the land use right has been registered for mortgage before the ownership rights over property attached to land are certified on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land, the person requesting registration does not need to cancel the mortgage registration of the land use right when implementing the certification of ownership rights over property on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land issued.

4. In cases where a mortgage registration of property attached to land is made according to the provisions of Clause 1 of this Article, but does not meet the conditions to be certified according to the provisions of the law, the Office for Registration of Land Use Rights shall cancel the mortgage registration result, notify in writing the person requesting registration, and shall not be liable for compensation for damages as prescribed in Article 49 of Decree No. 83/2010/NĐ-CP.

Article 23. Registration of Mortgage in Cases of Supplementing the Value of Guaranteed Obligations

1. In cases where the value of guaranteed obligations is supplemented and the parties sign a new mortgage contract which is independent from the previously registered mortgage contract, the person requesting registration shall carry out the new mortgage registration without having to cancel the previous mortgage registration.

2. In cases where the value of guaranteed obligations is supplemented and the parties sign a new mortgage contract to replace the previously registered mortgage contract, the person requesting registration shall cancel the previous mortgage registration and carry out the new mortgage registration.

3. In cases where the value of guaranteed obligations is supplemented without adding collateral and the parties sign an amendment or supplementary contract or an annex to amend or supplement the previously registered mortgage contract, the parties do not have to carry out the registration change for such amendment or supplementary document.

Article 24. Registration of Changes in Cases of Changing the Name of the Mortgagor

In cases where the person requesting registration submits a dossier for changing the name of the mortgagor simultaneously with the dossier requesting confirmation of name change on the already issued Certificate, the Office for Registration of Land Use Rights shall confirm the name change of the mortgagor on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to Land and the land registry dossier before proceeding with the linked procedure for changing the mortgage content.

Article 25. Rectification of mortgage registration content on Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land, Land Registry Book, and Land Change Monitoring Book.

The Land Registration Office shall record and rectify the mortgage registration content on the Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land, Land Registry Book, and Land Change Monitoring Book in accordance with the guidance provided in Circular No. 09/2007/TT-BTNMT, Circular No. 17/2009/TT-BTNMT, and Circular No. 20/2010/TT-BTNMT dated October 22, 2010 of the Ministry of Natural Resources and Environment regarding additional provisions on the Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land.

Article 26. Correction of errors in mortgage registration due to the registrant's mistake.

1. In cases where the registrant discovers errors in the registration content within the land registry records due to their own mistake, the registrant must promptly report to the Director of the Land Registration Office or the Head of the Natural Resources and Environment Department (in areas where the Land Registration Office has not been established) for examination and decision on rectifying information in the land registry records, and send a notification document about the rectification of such information to the person requesting registration at the address stated on the registration request form.

2. In cases where the Land Registration Office receives a request to correct errors discovered by the person requesting registration, within the time limit specified in Article 6 of this Circular, the Land Registration Office shall perform the following tasks:

a) Correct erroneous information about the registration content on the Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land, and the Land Registry Book, and Land Change Monitoring Book if there are errors on the Certificate;

b) Certify the Request Form for Error Correction;

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.

3. Corrections of errors due to the registrant's mistake do not change the registration date of the mortgage, and the person requesting registration does not have to pay correction fees.

Article 27. Delivery of Registration Results.

1. The person requesting registration shall directly receive the registration results from the Land Registration Office or the one-stop service counter of the District People's Committee after presenting the Result Return Receipt and the Fee Payment Receipt. If there is an agreement between the person requesting registration and the Land Registration Office on the method of delivering the registration results, it shall be carried out according to the agreed method.

2. The Land Registration Office shall return to the person requesting registration the following documents:

a) The Request Form for Registration certified by the Land Registration Office (01 original copy);

b) The Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land with recorded mortgage registration content, changed registration content, cancellation of registration, or corrected error content (01 original copy);

c) The Corrective Document for Registration Content Errors (01 original copy) in cases where the registrant discovers errors in the land registry records due to their own mistake, or the Corrective Document for Registration Content Errors and the Request Form for Registration certified by the registration authority in cases where the person requesting registration discovers errors and submits a Request Form for Error Correction (01 original copy).

3. In cases where the mortgage registration of land use rights is conducted concurrently with the issuance of the Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land as prescribed by land laws, the Land Registration Office shall return to the person requesting registration the Request Form for Registration confirmed by the mortgage registration authority. After completing the issuance of the Land Use Right Certificate, House Ownership Certificate, and other property rights attached to land, the Land Registration Office shall be responsible for returning the issued Certificate to the person requesting registration.

4. In cases where the person requesting registration submits the application and receives the registration results at the Commune People's Committee, within three working days from the completion of the registration, the Land Registration Office shall be responsible for sending the registration results to the Commune People's Committee to deliver the results to the person requesting registration.

Article 28. Retaining registration files

1. The files retained for mortgage registration include:

a) Application form for registration with certification from the registration authority (01 copy);

b) Mortgage contract (01 original copy);

c) Certificate of land use right, ownership of house and other immovable property with mortgage registration certification or document proving the agreement between the land user and the owner of the property regarding the use of land to create attached immovable property in cases where future attached immovable property is registered for mortgage and the owner of the property is not simultaneously the land user (01 copy);

d) Power of attorney in cases where the person requesting mortgage registration is the authorized representative (01 copy or 01 certified copy).

2. The files retained for change registration include:

a) Application form for change registration with certification from the registration authority (01 copy);

b) Contract on change (01 copy) or other document proving the change content (01 copy or 01 certified copy);

c) Certificate of land use right, ownership of house and other immovable property with certification of the changed content in cases where the change content has been recorded on the Certificate (01 copy);

d) An authorization document in cases where the person requesting registration is the authorized person (01 copy or 01 certified copy).

3. The files retained for cancellation of mortgage registration include:

a) Application form for cancellation of registration with certification from the registration authority (01 copy);

b) Certificate of land use right, ownership of house and other immovable property with cancellation of mortgage registration certification (01 copy);

c) Document agreeing to cancel mortgage registration from the mortgagee in cases where the person requesting cancellation is the mortgagor (01 original copy);

d) An authorization document in cases where the person requesting registration is the authorized person (01 copy or 01 certified copy).

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

a) Application form for registration of notification document with certification from the registration authority (01 copy);

b) Document notifying the handling of mortgaged property (01 original copy);

c) Power of attorney in cases where the person requesting registration is the authorized person (01 copy or 01 certified copy).

5. The files retained for correction of errors include:

a) Application form for correction of errors with certification from the registration authority (01 copy);

b) Certificate of land use right, ownership of house and other immovable property containing errors (01 copy);

c) Application form for registration containing errors (01 copy);

d) An authorization document in cases where the person requesting registration is the authorized person (01 copy or 01 certified copy).

Chapter III

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Circular takes effect from January 15, 2012.

2. The following forms are attached to this Circular:

a) Form number 01/ĐKTC: Application form for registration of mortgage of land use rights and attached immovable property;

b) Form number 02/ĐKTĐ: Application form for registration of change in mortgage content already registered;

c) Form number 03/XĐK: Application form for cancellation of mortgage registration of land use rights and attached immovable property;

d) Form number 04/ĐKVB: Application form for registration of notification document regarding the handling of mortgaged property;

đ) Form number 05/SCSS: Application form for correction of errors;

e) Form number 06/BSTS: Supplementary page on mortgaged property;

g) Form number 07/BSCB: Supplementary page on parties signing the mortgage contract;

h) Form number 08/DMHĐTC: List of registered mortgage contracts;

i) Form number 09/STN: Register for receiving mortgage registration files of land use rights and attached immovable property.

3. This Circular replaces the following Circulars:

a) Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and attached immovable property;

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

c) Joint Circular No. 06/2010/TTLT-BTP-BTNMT dated March 1, 2010 amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and attached immovable property and Joint Circular No. 03/2006/TTLT-BTP-BTNMT dated June 13, 2006 of the Ministry of Justice and the Ministry of Natural Resources and Environment amending and supplementing certain provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the registration of mortgage and guarantee by land use rights and attached immovable property.

Article 30. Transitional Provisions

1. In cases where the person requesting registration holds a Land Use Right Certificate issued according to the Land Law 1987, Land Law 1993, Land Law 2003; Ownership Certificate of House issued according to the Housing Law 2005; Ownership Certificate of House and Land Use Right issued according to Decree No. 60/CP; Ownership Certificate of House and Construction Works issued according to Decree No. 95/2005/NĐ-CP without the need to exchange for a new Certificate of Land Use Right, Ownership of House and Other Immovable Property according to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Infrastructure Construction 2009 and Decree No. 88/2009/NĐ-CP, such certificates may be used for mortgage registration instead of the Certificate of Land Use Right, Ownership of House and Other Immovable Property as prescribed in this Circular.

2. In cases where the credit contract contains a clause on mortgage of land use rights and attached immovable property or the mortgage contract of land use rights and attached immovable property is signed before or at the same time as the credit contract, within five (05) working days from the date of signing the credit contract, one of the parties or all parties to the mortgage contract shall submit the mortgage registration file.

In cases where the registration request is not made within the prescribed time due to the fault of the person requesting registration, the Land Registration Office will still carry out the registration and the person requesting registration shall bear responsibility under the law on administrative penalties in the field of land management.

3. In cases where the person requesting registration has already completed the mortgage registration of land use rights and attached assets before the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment in 2009 and Decree No. 88/2009/NĐ-CP took effect, but now there is a need to exchange for a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land, such persons shall not be required to cancel the mortgage registration. After completing the procedures for exchanging the Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land according to the provisions of the law, the Land Registration Office shall be responsible for recording the mortgage registration content from the old certificate onto the new Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land.

4. The Land Registration Office may continue to use the form of the Mortgage Application File Receipt established before the effective date of this Circular until all pages in the book are used up; thereafter, it is mandatory to use the form of the Mortgage Application File Receipt issued together with this Circular.

Article 31. 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, relevant departments and agencies at the locality, and the People's Committees of districts, towns, cities under provinces to implement this Circular.

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