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MINISTRY OF
JUSTICE – MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 09/2016/TTLT-BTP-BTNMT
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Hanoi, June 23, 2016
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JOINT CIRCULAR
INSTRUCTIONS
ON REGISTRATION OF MORTGAGING OF LAND USE RIGHTS, PROPERTIES ON LAND
Pursuant to Civil Code dated June 14, 2005;
Pursuant to the Law on Land dated November 29,
2013;
Pursuant to the Law on Housing dated November
25, 2014;
Pursuant to the Government’s Decree No.
83/2010/ND-CP dated July 23, 2010 on registration of secured transactions;
Pursuant to the Government’s Decree No.
43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of
articles of the Law on Land;
Pursuant to the Government’s Decree No.
99/2015/ND-CP dated October 20, 2015 providing instructions on the
implementation of a number of articles of the Law on Housing;
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Pursuant to the Government’s Decree No.
21/2013/ND-CP dated March 04, 2013 stipulating functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
Ministers of the Ministry of Justice and
Ministry of Natural Resources and Environment have promulgated the Joint
Circular providing instructions on registration of the mortgage of land use
rights and properties on land as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Circular stipulates authority, applications
and procedures for registration of mortgaging of land use rights and properties
on land.
Article 2. Regulated entities
This Circular applies to:
1. Domestic households, individuals and
organizations; Vietnamese
residing overseas; foreign individuals, organizations, foreign-invested
enterprises that register mortgaging of land use rights, properties on land
according to laws;
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3. Other relevant organizations and individuals.
Article 3. Interpretation of
terms
In this Circular, some terms are construed as
follows:
1. Properties on land include houses,
construction works, perennial plants, production forests as planted
forests.
2. Future-acquired properties on land includes
construction works under construction, houses, perennial plants, production
forests as planted forests that are to take form in the future including:
a) Future acquired housing construction projects,
houses owned by housing construction project investors;
b) Future acquired houses owned by organizations,
individuals that purchase future acquired houses in housing construction
projects;
c) Future acquired houses that are constructed on a
parcel of land legally owned by organizations, individuals;
d) Other construction projects;
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3. Registration of mortgaging of future acquired
properties on land mean competent agencies record information concerning
mortgaging of future acquired properties on land in the cadastral book or the
register of future acquired properties on land pledged as collateral and
application form for mortgage registration.
4. Transition of registration of mortgaging of
property rights derivative of the contract for purchase and sale of houses means
competent agencies record information concerning the transition of registration
of mortgaging in the cadastral book, certificates of land use rights, rights to
ownership of houses and property attached to land (herein 'the Certificates')
and the application form for transition of registration for requests to
transition from registration of mortgaging of property rights derivative from
the contract for purchase and sale of houses to registration of mortgaging of
future acquired houses or houses by the date of transition on which the
registration of mortgaging of such property is not removed.
Article 4. Cases of
registration of the mortgaging of land use rights and properties on land
1. Cases of registration of the mortgaging of land
use rights and properties on land:
a) Registration of mortgaging of land use rights;
b) Registration of mortgaging of properties on
land;
c) Registration of mortgaging of land use right and
properties on land;
d) Registration of mortgaging of future acquired
properties on land;
dd) Registration of mortgaging of land use rights
and future acquired properties on land;
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g) Registration of written notification of
settlement of collaterals in case mortgaging has been registered;
h) Removal of mortgage registration
2. Mortgage registration as prescribed in Points a,
b, c, d and dd, Clause 1 of this Article include cases of asset mortgage
registration to perform civil obligations of the mortgagor or others.
Article 5. Competent agencies
Competent agencies include land registration
offices and branch offices thereof (Herein ‘land registration office’)
Article 6. Validity date of
mortgage registration
1. Registration of mortgaging of land use rights,
properties on land as prescribed in Points a, b, c, dd, g and h, Clause 1,
Article 4 of this Circular shall take effect since the land registration office
records information in the cadastral book.
If the land registration is yet to use electronic
cadastral book, registration of mortgaging of future acquired properties on
land, except for the case as prescribed in Point d, Clause 1, Article 4, shall
take effect since the land registration office records information concerning
the mortgage registration in the register of mortgaging of future acquired
properties on land.
2. Validity date of mortgage
registration as prescribed in Point e, Clause 1, Article 4 hereof shall be
determined as follows:
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b) In case of registration of changes to
registration contents outside the provisions as prescribed in Point a, requests
for correction of errors by the registries, transition of registration of
mortgaging of property rights derivative of the contract for sale and purchase
of houses, validity date of the registration shall be the date of initial
mortgage registration.
Article 7. Submission of
applications for registration of the mortgaging of land use rights and
properties on land
1. Applications for registration of the mortgaging
of land use rights and properties on land shall be submitted in one of the
following manners:
a) In person;
b) By post;
c) Via online registration system
2. Submission of applications for registration of
mortgaging of land use rights and properties on land via online registration
system shall apply to localities that have already put the land database system
into operation and received written instructions from the Ministry of Justice
and the Ministry of Natural Resources and Environment on online registration of
secured transactions in land use rights, properties on land.
Article 8. Time limits for
settlement of applications for registration of the mortgaging of land use
rights and properties on land
1. The land registration office shall be
responsible for carrying out the registration and returning the results for the
cases of registering mortgaging of land use rights, properties on land as
prescribed in Clause 1, Article 4 hereof right on the date of receipt of
eligible applications. If applications are received after 15 hours, the
registration shall be carried out by the next day.
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2. For applications submitted to the People's
committees of communes, wards, townships (herein ‘the People’s committees of
communes), within three working days since receipt of applications, the
People's committees of district-level towns shall transfer the applications to
the land registration office.
For applications submitted to the office tasked
with receiving applications and returning results under the single-window
system (herein ‘the single-window office’), the time limits for transfer of the
applications to the land registration office shall be stipulated in the
decisions given by the People’s Committees of central-affiliated cities and
provinces (herein ‘the People’s committees of provinces').
If applications are submitted to the People’s
Committees of communes or to the single-window office, the time limits for the
settlement of the applications shall start from the date the land registration
office receives the applications from the People’s committees of communes or
the single-window office.
3. The time limits for settlement of applications
for mortgage registration as prescribed in Clause 1 and Clause 2 of this
Article shall not include the time for fulfillment of procedures for
registration of changes in land, properties on land, confirmations of changes
in the Certificates as prescribed in Clause 2, Article 9 or the time for
fulfillment of procedures for confirmations of ownership of properties on land
in the Certificates as prescribed in Article 32 hereof.
Article 9. Rejection of
registration in case information in applications is not consistent with the
information retained in the registration agency
1. The land registration office shall reject
registration upon detecting information in the applications inconsistent with
the information retained in the mortgage registration agency (herein ‘the
registry’) in following cases:
a) Information about collateral as land use rights,
properties on land declared in the application form or in the mortgage
agreement is not consistent with the granted Certificates due to errors in the
applicant's declaration;
b) Information about the mortgagor including: Name,
address, ID number, citizen ID card, ID number of Vietnam People’s Army Officer
or papers identifying legal personality declared in the application form or the
mortgage agreement are not consistent with the information in the granted
Certificates due to errors in the applicant's declaration;
c) Land use rights are not eligible for being
pledged as collateral according to the Law on Land; properties on land are not
eligible for being pledged as collateral according to relevant law provisions.
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a) Number sign, area of land parcel (due to
re-determination of the area of land); information about the administrative
unit where the land parcel is located (due to amendments to Documents issued by
competent agencies);
b) Name, address, ID number, citizen ID card, ID
number of Vietnam People’s Army Officer or papers identifying legal personality
of the mortgagor (due to amendments to Documents issued by competent agencies)
Article 10. Signatures in
application form
1. The application form shall require signatures,
stamps (if any) of both mortgagor and mortgagee or authorized person unless otherwise
as regulated in Clauses 2, 3, 4 and 5 hereof.
2. In case the mortgage agreement has been
authenticated or certified as true copy, the application form shall require
signature, stamp (if any) of either mortgagor or mortgagee or authorized
person.
3. The application form shall require signature,
stamp (if any) of the mortgagee only or person authorized by the mortgagee in
case of registration of changes in the registered mortgage content on the
mortgagee’s part, correction of information about the mortgagee, registration
of written notifications of settlement of collateral, removal of mortgage
registration.
4. The application form shall require signature,
stamp (if any) of the mortgagor or person authorized by the mortgagor in case
of application for removal of mortgage registration and a written consent of
the mortgagee to the removal of mortgage registration shall be included.
5. The application form shall require signatures of
the asset management officer, asset management and liquidation enterprises in
case such entities that fall into bankruptcy are the applicant.
Article 11. Principles of
registration of the mortgaging of land use rights and properties on land
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a) If
the future acquired house has been pledged as collateral in the form of
property rights derivative of the contract for purchase and sale of houses,
simultaneous registration of mortgaging of houses in such form shall not be
accepted. If the future acquired house has been pledged as collateral as
prescribed herein, simultaneous registration of mortgaging of property rights
derivative of the contract for purchase and sale of houses in such form shall
not be accepted.
b) If the investor has mortgaged and registered
mortgaging of housing construction projects or future acquired houses, before
selling houses from such projects, the investor shall fulfill procedures for
registration of changes in the registered mortgage content (partial withdrawal
of collateral).
c) Future acquired properties on land pledged as
collateral should be attached to the land parcel where the asset is located.
d) The land registration office shall carry out
registration of future acquired properties on land on the principle of
recording registration information in the application form. The applicant who
declares information in the application shall be responsible for legality and
accuracy of the information declared and documents, papers accompanying the
application.
2. For mortgage registration as prescribed in
Clause 2, Article 4 herein, the land registration office shall carry out
registration of mortgaging of land use rights, properties on land for owners of
land use rights, owners of properties on land; the fulfillment of civil obligations
shall be the responsibility of the mortgagor or others according to Civil Code.
Article 12. Cases of
transitioning registration of mortgaging and principles of transitioning
registration of mortgaging of property rights derivative of contract for purchase
and sale of houses
1. Transition of registration of mortgaging of
property rights derivative of the contract for purchase and sale of houses
shall be carried out in following cases:
a) The applicant who has already registered
mortgaging property rights derivative of the contract for purchase and sale of
houses wishes to transition to registration of mortgaging of future acquired
houses;
b) The applicant who has already registered
mortgaging property rights derivative of the contract for purchase and sale of
houses wishes to transition to registration of mortgaging of houses because the
future acquire house has taken form (accepted and put into practice).
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3. If the procedures for transitioning registration
of mortgaging have been fulfilled as prescribed herein, both the mortgagor and
mortgagee shall not have to execute a new mortgage agreement or an appendix to
the contract for addition of collateral.
Article 13. Papers required
for cases exempted from paying fees of registration of mortgaging of land use
rights and properties on land
1. For individuals, households eligible for
exemption from paying fees of registration of mortgaging of land use rights,
properties on land according to the Government’s Decree No. 55/2015/ND-CP dated
June 09, 2015 on credit policies for agriculture and rural development without
provisions on access to loans for agriculture and rural development specified
in the mortgage contract, the applicant shall submit one of the following
papers:
a) The credit contract specifying provisions on
individuals, households asking for loans for agriculture and rural development;
b) The written confirmations (with signature and
stamp) by the credit institution regarding individuals, households asking for
loans for one of the areas of agriculture and rural development.
2. In case of registration of changes in the
registered mortgage content, registration of written notifications of settlement
of collateral, removal of mortgage registration with one of the papers as
prescribed in Clause 1 of this Article being included in the application, the
applicant shall not have to submit abovementioned papers.
Article 14. Fees of
registration and cases eligible for exemption from paying fees of registration,
correction of errors
1. Level of fees of registration of mortgaging of
land use rights, properties on land, collection, payment, management and use of
such fees are stipulated in the law on fees, charges.
2. For applicants defined as eligible for exemption
from paying fees of registration, upon registration of changes in the
registered mortgage content, registration of written notifications of
settlement of collateral, removal of mortgage registration, the land
registration office shall check the papers proving eligibility for exemption
from fees of registration against the retained records as foundations for not
collecting the fees.
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Article 15. Originals, copies
of papers in the application
1. The applicant shall include one (01) original of
following papers in the application:
a) Application forms for mortgage registration,
removal of mortgage registration or application forms for transition of
mortgage registration;
b) The mortgage agreement, or authenticated,
true-certified copy thereof if stipulated by laws; the contract, appendices to
the contract or authenticated, true-certified copy thereof if stipulated by
laws or other documents in case the two parties agree to change the registered
mortgage content;
c) The Certificates;
d) Decision on allocation of land, lease of land;
dd) The credit contract specifying the provisions
on individuals, households asking for loans for areas of agriculture and rural
development or the written confirmations (with signature and stamp) by the
credit institution of individuals, households asking for loans for one of the
areas of agriculture and rural development;
e) The application form with the registry’s written
confirmations if the written confirmations of the registered content show
errors or the application form lacks the registry’s written confirmations;
g) The Certificates
in case the application includes such Certificates.
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a) Authenticated, true-certified copy of the
Document proving agreement between the land user and property owner on use of
land for establishment of properties on land;
b) Construction license or Investment project
approval decision if required;
c) The contractor for purchase and sale of houses
between the mortgagor and the investor;
d) Document regarding the transfer of the contract
for purchase and sale of houses;
dd) Document regarding changes in the registered
mortgage content issued by competent agencies;
e) Written notification of settlement of
collateral;
g) Written consent of the mortgagee to removal of
mortgage registration in case the application form does not bear signature of
the mortgagee;
h) Document regarding provision of information
about mortgaging of property rights derivative of the contract for purchase and
sale of houses or certificates of secured transaction registration, written
notification of distraint of property for judicial enforcement or certificates
of registration of changes in the registered mortgage content issued by Center
for registration of transactions and properties affiliated to the Ministry of
Justice’s national registration agency.
i) Letter of authorization in case the applicant is
the authorized person.
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a) Drawing of general project site layout (1/500
scale) approved by competent agencies and Design drawing representing site
layouts of the project’s works approved by competent agencies in case of
mortgaging of future acquired properties on land as housing construction
projects and other construction works;
b) Lists of signed mortgage agreements;
Article 16. Forms of
registration of mortgaging of land use rights and properties on land
Enclosed herewith are the forms of registration of
land use rights, properties on land:
1. Form 01/DKTC: Application form for registration
of mortgaging of land use right and properties on land;
2. Form 02/DKTD-SCSS: Application form for registration
of changes, correction of errors;
3. Form 03/XDK: Application form for removal of
mortgage registration;
4. Form 04/DKTC: Application form for registration
of written notification of settlement of collateral;
5. Form 05/DKTC: Application form for transition of
mortgage registration;
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7. Form 07/DKTC: Supplementary pages of collateral;
8. Form 08/DMHDTC: Lists of registered mortgage
agreements;
9. Form 09/SDKTC: d) Registration of the mortgaging
of future acquired assets attached to land;
Article 17. Responsibility of
agencies, organizations, and individuals for registration of mortgaging of land
use rights, properties on land
1. The applicant shall be
responsible for legality, accuracy, authenticity and sufficiency of the
information declared in the application.
2. The land registration office shall ensure the
information about mortgage registration is consistent with the information
retained in the cadastral system; not request revision of the mortgage
agreement for cases outside Clause 1, Article 9 herein.
3. The Service of Justice, apart from duties and
authority as prescribed in Clause 5, Article 46 of the Government’s Decree No.
83/2010/ND-CP dated July 23, 2010 on registration of secured transactions
(herein ‘the Decree No. 83/2010/ND-CP’), shall be responsible for presiding
over and cooperate with the Service of Natural Resources and Environment, the
Service of Finance, the Service of Home Affairs and other relevant departments,
sectors in performing following tasks:
a) Act as an advisor for the People’s Committees of
provinces in arranging sufficient personnel, expenditures for activities of
state administration of registration of secured transactions in localities;
providing sufficient facilities and encouraging application of information
technology to activities of mortgage registration, provision of information
about mortgaging of land use rights, properties on land;
b) Performing regular or irregular inspection of
land registration offices in localities carrying out mortgage registration,
provision of information about mortgaging of land use rights, properties on
land;
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d) Instruct and direct land registration offices,
notary organizations and other agencies, organizations, and individuals to
comply strictly with regulations on registration of secured transactions;
dd) Take measures aimed at encouraging
organizations, individuals to actively look up information about secured
transactions, reinforce sharing of information about legality of collateral in
localities;
Article 18. Statistical
reports on registration of mortgaging of land use rights, properties on land
1. The land registration office shall make
statistical reports on the registration of mortgaging of land use rights,
properties on land on a biannual and annual basis to the Service of Justice for
compilation and reporting to the People’s Committees of provinces.
2. The People’s Committees of provinces shall
compile and make statistical reports on the registration of mortgaging of land
use rights, properties on land on a biannual and annual basis in provinces to
the Ministry of Justice, the Ministry of Natural Resources and Environment. The
Ministry of Justice shall be responsible for compiling and reporting to the
Government.
3. Time limits of submission of statistical reports
shall be stipulated by the Ministry of Justice.
Chapter II
REGISTRATION OF
MORTGAGING OF LAND USE RIGHTS, PROPERTIES ON LAND
Section 1: APPLICATIONS
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An application includes:
1. Application form according to Form 01/DKTC;
2. Mortgage agreement or authenticated, true
certified mortgage agreement if stipulated by laws;
3. The Certificates;
4. Papers as proof of following cases:
a) Letter of authorization in case the applicant is
the authorized person;
b) One of papers proving the applicant is eligible
for exemption from paying fees of registration of mortgaging of land use
rights, properties on land as prescribed in Clause 1, Article 13 herein (if
applying for exemption from paying fees).
Article 20. Registration of
mortgaging of properties on land
1. In case the properties on land with the rights
to ownership thereof being certified on the Certificates are pledged as
collateral and the owner thereof is also the land user, the applicant shall
submit an application including papers as prescribed in Article 19 herein.
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a) Papers as prescribed in Clauses 1, 2 and 4,
Article 19 herein;
b) Certificates issued to owners of properties on
land
Article 21. Registration of
mortgaging of properties on land which have taken form but the rights to
ownership thereof are yet to be certified on Certificates
1. In case the properties on land (already taken
form) with the rights to ownership thereof not being certified on the
Certificates are pledged as collateral and the owner thereof is also the land
user, the applicant shall submit an application including:
a) Papers as prescribed in Article 19 herein;
b) Application for certification of rights to
ownership of properties on land according to the law on land.
2. In case the properties on land (already taken
form) with the rights to ownership thereof not being certified on the
Certificates are pledged as collateral and the owner thereof is not the owner,
the applicant shall submit an application including:
a) Papers as prescribed in Clauses 1, 2 and 4,
Article 19 herein;
b) Application for certification of rights to
ownership of properties on land according to the law on land.
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Applications for mortgaging land use rights and
future acquired properties on land as non-residential properties; registration
of mortgaging future acquired properties as non-residential properties outside
the cases as prescribed in Article 21 herein shall be stipulated as follows:
1. In case of registration of mortgaging of land
use rights and future acquired assets attached to land concurrently, the
applicant shall submit an application including:
a) Papers as prescribed in Article 19 herein;
b) Construction license or Investment project
approval decision if required unless an authenticated, true certified copy of
the mortgage agreement is provided;
c) Drawing of general project site layout (1/500
scale) approved by competent agencies and design drawing representing site
layouts of the project’s works approved by competent agencies in case future
acquired properties on land pledged as collateral are construction projects;
Drawing of general project site layout (1/500 scale) approved by competent
agencies and design drawing representing site layouts of the project’s works
approved by competent agencies in case future acquired properties on land pledged
as collateral are other construction projects.
2. In case future acquired assets attached to land
are pledged as collateral and the owner thereof is also the land user, the
applicant shall submit an application including:
a) Papers as prescribed in Article 19 herein;
b) Papers as prescribed in Point b and Point c of
this Article.
3. In case future acquired assets attached to land
are pledged as collateral and the owner thereof is not the land user, the
applicant shall submit an application including:
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b) Papers as prescribed in Point b and Point c,
Clause 1 of this Article;
c) Authenticated or true certified copy of the
Document proving agreement between the land user and property owner on use of
land for establishment of properties on land;
Article 23. Registration of
mortgaging of housing construction projects, future acquired houses
Applications for mortgaging housing construction
projects, future acquired houses shall be stipulated as follows:
1. In case housing construction projects, future
acquired houses are pledged as collateral by the investor, the application
shall include:
a) Papers as prescribed in Clauses 1, 2 and 4,
Article 19 herein;
b) Certificates or Decision on allocation of land,
lease of land issued to the investor by competent agencies;
b) Construction license or Investment project
approval decision if required unless an authenticated, true certified copy of
the mortgage agreement is provided;
c) Drawing of general project site layout (1/500
scale) approved by competent agencies and design drawing representing site
layouts of the project’s works approved by competent agencies in case future
acquired properties on land pledged as collateral are construction projects;
Drawing of general project site layout (1/500 scale) approved by competent
agencies and design drawing representing site layouts of apartments approved by
competent agencies in case future acquired properties on land pledged as collateral
are future acquired houses.
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a) Papers as prescribed in Clauses 1, 2 and 4,
Article 19 herein;
b) The contract for sale and purchase of houses
signed between the investor and the mortgagor in accordance with the law on
housing.
If the mortgagor is the transferee of the contract
for purchase and sale of houses, the document concerning the transfer of the
contract shall be included according to the law on housing.
3. In case the future acquired houses built on the
parcel of land belonging to organizations, individuals are pledged as
collateral, the application shall include:
a) Papers as prescribed in Article 19 herein;
b) Construction license if required unless an
authenticated, true certified copy of the mortgage agreement is provided;
Article 24. Registration of
changes to registered mortgage content
1. Registration of changes to registered mortgage
content includes:
a) Partial withdrawal, addition or replacement of
mortgagor, mortgagee as agreed by the mortgagor, mortgagee;
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c) Partial withdrawal of collateral as land use
rights, properties on land including partial withdrawal of collateral as future
acquired houses as prescribed in Point b, Clause 1, Article 11 hereof;
d) Addition of collateral as land use rights,
properties on land in case the parties do not sign a new mortgage agreement;
dd) When the collateral as future acquired
properties (including future acquired houses) has taken form and the mortgagor
has fulfilled procedures for certification of rights to ownership thereof in
the Certificates;
e) Request for correction of errors in the
information declared in the application form;
g) Registration of other changes if requested by
the parties;
2. The application for registration of changes
includes:
a) Application form according to Form 02/DKTD-SCSS;
b) Contracts or appendices to contracts or other
documents (i.e. contract for purchase and sale of debts) with regard to cases
as prescribed in Points a, c and d, Clause 1 of this Article in which the parties
have agreed on partial withdrawal, addition of collateral; partial withdrawal,
addition or replacement of mortgagor, mortgagee;
c) Documents issued by competent agencies
concerning change in name, type of enterprises of the mortgagor, mortgagee for
the cases as prescribed in Point b, Clause 1 of this Article;
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dd) Papers as prescribed in Point a, Clause 4,
Article 19 herein;
3. In case the mortgagee wishes to register changes
to enterprise type in several registered contracts for mortgage of land use
rights, properties on land, the application for registration of changes in all
the contracts shall be submitted. The application includes:
a) Application form according to Form 02/DKTD-SCSS;
b) Documents issued by competent agencies
concerning change in enterprise types;
c) Lists of registered mortgage agreements
according to Form 08/DMHDTC;
d) Certificates in case the application includes
the Certificates;
dd) Papers as prescribed in Point a, Clause 4,
Article 19 herein;
4. In case of registration of changing name of the
mortgagee outside the cases as prescribed in Clause 3 of this Article or
changing the mortgagee in multiple registered contracts for mortgage of land
use rights, properties on land, the application for registration of changes in
all the contracts shall be submitted. The application includes:
a) Application form according to Form 02/DKTD-SCSS;
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c) Documents issued by competent agencies
concerning changes in name or the mortgagee;
d) Lists of registered mortgage agreements
according to Form 08/DMHDTC;
dd) Certificates in case the application includes
the Certificates;
e) Papers as prescribed in Point a, Clause 4,
Article 19 herein;
5. In case of registration of changes when the land
user, owner of properties on land as the mortgagor is allowed by competent
state agencies to change her/his name in the issued Certificates, the applicant
shall submit one application for registration of changes as prescribed in
Clause 2 of this Article and one application for confirmation of change of name
in the Certificates as stipulated by the Ministry of Natural Resources and
Environment.
The land registration office shall give
confirmation of change in the mortgagor’s name in the Certificates and the
cadastral information system before performing procedures for registration of
changes to mortgage content.
6. In case the land user has mortgaged multiple
parcels of land under a single contract agreement and has already registered
the mortgage, and the two parties wish to register partial withdrawal or
addition of collateral, the applicant shall submit one application for
registration of changes as prescribed in Point a, b and e, Clause 2 of this
Article.
7. For registered contracts for mortgage of land
use rights, properties on land, in case of changes in residence address or ID
number, citizen ID card number, ID number of Vietnam People's Army Officer of
the mortgagor (which is different from the information in the Certificates) or
changes in the information about the mortgaged parcel of land due to
re-determination of the area of land, the parties shall not have to perform
procedures for registration of changes as prescribed herein but shall perform
procedures for re-issuance of the Certificates as prescribed in Article 76 and
Article 78 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014
detailing the implementation of a number of articles of the Law on Land (herein
'the Decree No. 43/2014/ND-CP’) with regard to cases of re-issuance of the
Certificates or fulfillment of procedures for confirmation of changes in the
Certificates as stipulated by the Ministry of Natural Resources and
Environment.
8. Registration of changes when the properties on
land are future acquired properties which have taken form as prescribed in
Point dd, Clause 1 of this Article shall be carried out simultaneously with the
fulfillment of procedures for certification of the rights to ownership of the
properties on land in the Certificates. The applicant shall submit the
application form for registration of changes, correction of errors according to
Form 02/DKTD-SCSS along with one (01) application for confirmation of the
rights to ownership of properties as stipulated by the Ministry of Natural
Resources and Environment for the land registration office to perform
procedures for certification of the rights to ownership of the properties on
land according to the Law on Land.
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10. In case of registration of changes to
registered mortgage content as prescribed in Clause1 of this Article, the
applicant shall not have to remove registration of mortgaging of land use
rights, properties on land before registration of changes is made.
Article 25. Registration of
written notification of settlement of collateral in case mortgaging has been
registered
The application for registration of written
notification of settlement of collateral in case mortgaging has been registered
includes:
1. Application form according to Form 04/DKVB;
2. Written notification of settlement of
collateral;
3. Papers as prescribed in Point a, Clause 4,
Article 19 herein;
Article 26. Removal of
mortgage registration
The application for removal of mortgage
registration includes:
1. Application form according to Form 03/XDK;
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3. Certificates in case the application includes
the Certificates;
4. Papers as prescribed in Point a, Clause 4,
Article 19 herein;
Article 27. Correction of
errors in registered mortgage contents
1. Upon finding that the registered mortgage
content is not accurate, insufficient or no confirmation is given on the
application form, the Certificates, the applicant shall submit one application
for correction of such errors to the land registration office.
2. The application includes:
a) Application form according to Form 02/DKTD-SCSS;
b) The application form with the registry’s written
confirmations if the written confirmations of the registered content show
errors or the application form lacks the registry’s written confirmations;
c) The Certificates in case the application
includes such Certificates.
d) Papers as prescribed in Point a, Clause 4,
Article 19 herein;
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The application for transition of registration as
prescribed in Clause 1, Article 12 herein includes:
1. Application form according to Form 05/DKTC;
2. Document regarding provision of information
about mortgaging of property rights derivative of the contract for purchase and
sale of houses or certificates of secured transaction registration, written
notification of distraint of property for judicial enforcement or certificates
of registration of changes in the registered mortgage content issued by Center
for registration of transactions and properties affiliated to the Ministry of
Justice’s national registration agency;
3. Papers as prescribed in Point a, Clause 4,
Article 19 herein;
4. Applications for confirmation of the rights to
ownership of houses according to the Law on Land, Housing in case of
transitioning from registration of mortgaging of property rights derivative of
the contract for purchase and sale of houses to mortgaging of future acquired
houses (which have already taken form).
Section 2. REGISTRATION
PROCEDURES
Article 29. Submission of
applications
The applicant shall submit his/her application to
one of the following agencies, organizations:
1. Land registration office;
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3. The single-window office in localities.
Article 30. Receipt of
applications
1. Applications after being received in person
shall be handled as follows:
a) Applications found ineligible shall be returned
to the applicant along with instructions for completion according to laws;
b) Applications found eligible shall be received
along with an appointment note specifying following information: Date of
receipt of the application; time limits for settlement of the application; date
of returning the result; name and signature of recipient of the application;
2. Applications after being received by post shall
be handled as follows:
a) Applications found ineligible shall be returned
to the applicant along with following information: Papers included in the
application received; reasons for rejection; instructions on fulfillment of the
application. Written rejection along with the application shall be returned to
the applicant by post;
b) Applications found eligible shall be accepted
and noted for the date of returning the result.
Article 31. Procedures for
fulfillment of registration of mortgaging, changes, written notification,
removal of mortgage registration
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2. In case of rejection as prescribed in Clause 1,
Article 11 of the Decree No. 83/2010/ND-CP and Clause 1, Article 9 herein, the
land registration office shall issue the written rejection along with the
application to the applicant for fulfillment of the application as prescribed.
3. For cases of registration without foundations
for rejection, within the time limits as prescribed in Article 8 herein, the
land registration office shall perform following s:
a) Record information about mortgage registration,
registration of changes, removal of mortgage registration and date of
registration according to the sequential order of receiving applications in the
cadastral book and the Certificates as stipulated by the Ministry of Natural
Resources and Environment.
In case the mortgagor registers changes in
properties on land as future acquired properties which have taken form and
applies for confirmation of the rights to ownership of properties in the
Certificates, following information shall be specified in the cadastral book,
the Certificates: “The properties on land have taken form with the rights to
ownership thereof being certified in the Certificates and continue to serve as
collateral (specify name of the property) at (specify name of the
mortgagee)";
b) Record information of registration and date of
registration (hour, minute, day, month, year) in Section “Written
confirmations by the registry" on the application form;
Article 32. Procedures for
registration of mortgaging of properties on land with the rights to ownership
thereof are yet to be certified on Certificates
1. Upon receipt of eligible applications, if the
properties meet requirements for confirmation of the rights to ownership
thereof, the land registration office shall perform followings:
a) Perform procedures for confirmation of the
rights to ownership of properties on land in the Certificates according to laws
or transfer applications to the natural resources and environment department
for issuance of the Certificates for the cases subject to issuance of the
Certificates;
b) After the Certificates are confirmed , signed
and issued as prescribed in Point a of this Clause, record information of
registration and date of registration as prescribed in Clause 3, Article 31
herein and return the result
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3. In case land use rights have been pledged as
collateral before the rights to ownership of the properties on land are
certified on the Certificates, the applicant shall not have to register removal
of registration of mortgaging of land use rights when performing procedures for
confirmation of the rights to ownership of properties on the issued
Certificates.
Article 33. Procedures for
mortgage registration in case of addition of obligations
1. In case of addition of obligations with a new
mortgage agreement being signed and independent from previously signed mortgage
agreement, the applicant shall perform procedures for new mortgage registration
without removal of previous registration.
2. In case of addition of obligations with a new
mortgage agreement as a replacement for previous one being signed, the
applicant shall submit one application for removal of mortgage registration and
one application for new mortgage registration to fulfill both procedures for
removal of previous mortgage registration and registration of new mortgage.
3. The parties shall not have to apply for
registration of changes in case of addition of obligations if meeting following
requirements:
a) The registered mortgage agreement has included a
Clause on the security of possible future obligations;
b) Adding obligations, not collateral;
c) The parties have signed a contract for
amendments to the registered mortgage agreement or an appendix thereto, not a
new mortgage agreement.
Article 34. Procedures for
correction of errors in registered mortgage content
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2. Upon receipt of requests for correction of
errors from the applicant, the land registration office shall perform
followings:
a) Correct the errors in the information of
registration in the Certificates and the cadastral book;
b) Give confirmations in the application form for
registration of changes, correction of errors;
Diều 35. Article
35. Procedures for transitioning registration of mortgaging of property rights
derivative of contract for purchase and sale of houses
1. In case of transitioning registration of
mortgaging of property rights derivative of the contract for purchase and sale
of houses to registration of mortgaging of future acquired houses, the land
registration office shall perform followings:
a) Record “Transition registration of mortgaging
of property rights derivative of the contract for purchase and sale of houses
to registration of mortgaging of future acquired houses”, date of
registration in the cadastral book and application form. Date of registration
in this case shall be the date of previous registration as specified in Section
5 of the application form for transition of mortgage registration;
b) Retain a copy of the application form for
transition of mortgage registration specifying the information as prescribed in
Point a of this Clause;
c) Deliver a copy of the application form for
transition of mortgage registration specifying the information as prescribed in
Point a of this Clause to the Center for registration of transactions and
properties for removal of registration of mortgaging of property rights
derivative of the contract for purchase and sale of houses;
d) Return the application form for transition of
mortgage registration specifying the information as prescribed in Point a of
this Clause to the applicant;
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a) Perform procedures for confirmation of the
rights to ownership of houses and issue the Certificates to the owners thereof
according to the Law on Land, Housing;
b) Record “Transition registration of mortgaging
of property rights derivative of the contract for purchase and sale of houses
to registration of mortgaging of houses”, and date of registration in the
cadastral book, the issued Certificates and application form for transition of
mortgage registration. Date of registration in this case shall be the date of
previous registration as specified in Section 5 of the application form for transition
of mortgage registration;
c) Retain a copy of the application form for
transition of mortgage registration specifying the information as prescribed in
Point b of this Clause;
d) Deliver a copy of the application form for
transition of mortgage registration specifying the information as prescribed in
Point b of this Clause to the Center for registration of transactions and
properties for removal of registration of mortgaging of property rights
derivative of the contract for purchase and sale of houses;
dd) Deliver the Certificates and return the
application form for transition of mortgage registration specifying the
information as prescribed in Point b of this Clause to the applicant;
Article 36. Exchange of
information concerning transition of mortgage registration between land
registration offices and Center for transactions and properties
1. At least one working day before the Certificates
are delivered to the applicant, the land registration office shall deliver a
copy of the confirmed application form for transition of mortgage registration
to the Center for registration of transactions and properties.
2. Upon receipt of the application form as
prescribed in Point c, Clause 1 and Point d, Clause 2 of Article 35 herein, the
Center for registration of transactions and properties shall carry out removal
of registration of mortgaging of property rights derivative of the contract for
purchase and sale of houses according to laws.
Article 37. Returning
fulfilled registration
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a) The application form for mortgage registration
confirmed by the land registration office;
b) The application form for transition of mortgage
registration confirmed by the land registration office;
c) Certificates recorded thereon information
concerning mortgage registration, registration of changes, removal of mortgage
registration or correction of errors;
d) Written notifications of correction of errors in
registration information detected by the person in charge or written correction
of such errors and the application form with errors confirmed by the registry
in case such errors are detected by the applicant;
2. The land registration office shall return
fulfilled registration to the applicant direct from the land registration
office or through the single-window office, or People’s Committees of communes
in case applications are submitted thereto, or by post at the request of the
applicant.
3. If applications are submitted to People’s Committees
of communes, within three working days since the registration is fulfilled, the
land registration office shall be responsible for delivering fulfilled
registration to People’s Committees of communes for returning to the applicant.
Chapter III
IMPLEMENTARY PROVISIONS
Article 39. Effect
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2. This Circular supersedes the Joint Circular No.
20/2011/TTLT-BTP-BTNMT dated November 18, 2011 issued by the Ministry of
Justice, the Ministry of Natural Resources and Environment.
3. Joint Circular No.
01/2014/TTLT-NHNN-BXD-BTP-BTNMT dated April 25, 2014 issued by the State bank,
the Ministry of Construction, Ministry of Justice, Ministry of Natural
Resources and Environment shall be hereby annulled.
Diều 39.
Implementation
1. The People’s Committees of provinces shall be
responsible for directing the Service of Justice, the Service of Natural
Resources and Environment, relevant departments, sectors in localities to
execute this Circular.
2. The Service of Natural Resources and Environment
of central-affiliated provinces, cities shall be responsible for directing the
land registration office to report to the Service of Natural Resources and
Environment for publication on the website on the investor having mortgaged
housing construction projects, future acquired houses after the land
registration office has carried out registration of mortgaging of housing
construction projects, future acquired houses for the investor.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Justice,
the Ministry of Natural Resources and Environment for handling./.
PP THE MINISTER
OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Thi Phuong Hoa
PP THE MINISTER
OF JUSTICE
DEPUTY MINISTER
Nguyen Khanh Ngoc
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