THE
MINISTRY OF JUSTICE – THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
20/2011/TTLT-BTP-BTNMT
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Hanoi,
November 18, 2011
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JOINT CIRCULAR
GUIDING THE REGISTRATION OF THE MORTGAGE OF LAND USE RIGHTS
AND LAND-ATTACHED ASSETS
Pursuant to the June 14, 2005
Civil Code;
Pursuant to the November 26,
2003 Land Law;
Pursuant to the June 19, 2009
Law Amending and Supplementing a Number of Articles of Laws Concerning Capital
Construction Investment;
Pursuant to the Government's
Decree No. 83/2010/ND-CP of July 23, 2010, on registration of security
transactions;
Pursuant to the Government's
Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the
Land Law;
Pursuant to the Government's
Decree No. 88/2009/ND-CP of October 19, 2009, on the grant of certificates of
land use rights and ownership of houses and other land-attached assets;
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Pursuant to the Government's
Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Natural Resources and
Environment; and Decrees No. 19/2010/ ND-CP of March 5, 2010, and No. 89/2010/
ND-CP of August 16, 2010, amending and supplementing Decree No. 25/2008/ND-CP;
The Ministry of Justice and
the Ministry of Natural Resources and Environment uniformly guide the
registration of the mortgage of land use rights and land-attached assets as
follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
1. This Circular guides in
detail the competence, dossiers and procedures for registration of the mortgage
of land use rights and land-attached assets.
2. The provision of information
on the mortgage of land use rights and land-attached assets complies with the
provisions of Chapter III of the Government's Decree No. 83/2010/ ND-CP of July
23, 2010, on registration of security transactions (below referred to as Decree
No. 83/2010/ND-CP), the Ministry of Natural Resources and Environment's
Circular No. 09/2007/TT-BTNMT of August 2, 2007, guiding the making, revision
and management of cadastral dossiers (below referred to as Circular No.
09/2007/TT-BTNMT). Circular No. 17/2009/TT-BTNMT of October 21, 2009, on
certificates of land use rights and ownership of houses and other land-attached
assets (below referred to as Circular No. 17/2009/TT-BTNMT) and Joint Circular
No. 69/2011/TTLT-BTC-BTP of May 18, 2011, of the Ministry of Finance and the
Ministry of Justice, guiding the collection, remittance, management and use of
the fee for registration of security transactions, charge for provision of
information on security transactions and charge for regular use of customer
services (below referred to as Joint Circular No. 69/2011/TTLT-BTC-BTP).
Article 2.
Subjects of application This Circular applies to:
1. Domestic individuals,
households and organizations, overseas Vietnamese, and foreign individuals and
organizations registering the mortgage of land use rights and land-attached
assets in accordance with law;
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3. Other organizations and
individuals involved in the registration of land use rights and land-attached
assets.
Article 3.
Cases of registration of mortgage of land use rights and land-attached assets
with land use right registration offices
1. Registration of mortgage of
land use rights.
2. Registration of mortgage of
land-attached assets, including houses, other construction works, perennial
tree gardens and planted production forests.
3. Registration of mortgage of
land-attached assets to be formed in future.
4. Registration of mortgage of
land use rights together with land-attached assets.
5. Registration of mortgage of
land use rights together with land-attached assets to be formed in future.
6. Registration of change and
deregistration of mortgage in the cases specified in Clauses 1, 2, 3, 4 and 5
of this Article.
7. Registration of written
notification on the disposal of mortgaged assets in the case of registered
mortgage.
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1. Registration requesters shall
fill in by themselves a registration dossier and take responsibility before law
for the completeness, lawfulness, truthfulness and accuracy of information
declared in the registration dossier.
2. Land use right registration
offices shall assure that the mortgage registration content be consistent with
information in cadastral dossiers.
3. The registration of mortgage
of land use rights and land-attached assets shall be reported as follows:
a/ Land use right registration
offices shall send biannual and annual reports on the registration of mortgage
of land use rights and land-attached assets to provincial-level Justice
Departments for summarization and reporting to the People's Committees of
provinces or centrally run cities (provincial-level People's Committees).
Biannual and annual reports
shall be sent to provincial-level Justice Departments within 7 days from the
end of the reporting period stated at Point c of this Clause;
b/ Provincial-level People's
Committees shall send biannual and annual reports on the registration of
mortgage of land use rights and land-attached assets in their localities to the
Ministry of Justice (with the National Office for Registration of Security
Transactions as the focal point) for summarization and reporting to the
Government.
Biannual and annual reports
shall be sent to the Ministry of Justice within 25 days from the end of the
reporting period staled at Point c of this Clause;
c/ For biannual reports, the
period of statistics is from October 1 of the previous year through March 31 of
the current year. For annual reports, the period of statistics is from October
1 of the previous year through September 30 of the current year.
4. In addition to the tasks and
powers defined in Clause 5, Article 46 of Decree No. 83/2010/ ND-CP,
provincial-level Justice Departments shall assume the prime responsibility for,
and coordinate with the Departments of Natural Resources and Environment,
Finance, Home Affairs and other related departments and sectors in:
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b/ Reviewing and submitting to
provincial-level People's Committees for promulgation a Regulation on
coordinated state management of the registration of security transactions in
localities; the process of registration and provision of information on
mortgage of land use rights and land-attached assets according to the
provisions of this Circular on dossiers and procedures and other relevant
regulations;
c/ Guiding and directing the
land use right registration offices, notarization organizations and other
agencies, organizations and individuals in strictly and fully complying with
the law and regulations on registration of security transactions;
d/ Advising provincial-level
People's Committees on arranging sufficient staffs and funds for the stale
management of registration of security transactions in localities; equipping
adequate physical facilities and encouraging application of information
technology to the registration and provision of information on the mortgage of
land use rights and land-attached assets;
e/ Applying measures to
encourage organizations and individuals to actively search information on
security transactions and share information on the legal status of security
assets in localities.
Article 5.
Competence to register mortgage of land use rights and land-attached assets
1. Land use right registration
offices under provincial-level Departments of Natural Resources and Environment
(below referred to as provincial-level land use right registration offices) of
localities in which land and land-attached assets are located shall register
the mortgage of land use rights and land-attached assets for domestic
organizations and overseas Vietnamese carrying out investment projects in
Vietnam and foreign individuals and organizations.
2. Land use right registration
offices under the Sections of Natural Resources and Environment of districts,
towns or provincial cities in which land and land-attached assets are located
or the Sections of Natural Resources and Environment of districts, towns or
provincial cities in which land and land-attached assets are located and no
land use right registration office has been established yet (below collectively
referred to as district-level land use right registration offices) shall
register the mortgage of land use rights and land-attached assets for domestic
households and individuals and overseas Vietnamese allowed to buy houses
associated with land use rights in Vietnam.
Article 6.
Time limits for settling registration dossiers
1. In case a valid registration
dossier comprises a certificate granted by a competent state agency in
different periods, being the land use right certificate granted under the 1987
Land Law, 1993 Land Law or 2003 Land Law; house ownership and land use right
certificate or house ownership certificate granted under the 2005 Housing Law;
house ownership and land use right certificate granted under the Government's
Decree No. 60/CP of July 5,1994, on ownership of houses and land use rights in
urban areas; house ownership certificate or construction work ownership right
certificate granted under the Government's Decree No. 95/2005/ND-CP of July 15,
2005, on the grant of house or construction work ownership certificates; certificate
of land use rights and ownership of houses and other land-attached assets
granted under the 2009 Law Amending and Supplementing a Number of Articles of
Laws Concerning Capital Construction Investment, and the Government's Decree
No. 88/2009/ND-CP of October 19. 2009, on the grant of certificates of land use
rights and ownership of houses and other land-attached assets, land use right
registration offices shall settle registration dossiers immediately on the date
of receipt thereof; for dossiers received after 1.5:00 hrs, they shall complete
the registration immediately on the subsequent working day.
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3. In case a registration
dossier is submitted to a commune-level People's Committee or the one-stop-shop
section for receipt of dossiers and return of settlement results at the
People's Committee of a district, town or provincial city (below referred to as
district-level People's Committee), the time limit for settlement of the
registration dossier is counted from the date the land use right registration
office receives the dossier forwarded from the commune-level People's Committee
or the one-stop-shop section for receipt of dossiers and return of settlement
results.
4. The time limit for settlement
of registration dossiers mentioned in Clauses 1 and 2 of this Article does not
include the time for carrying out procedures for granting certificates of land
use rights and ownership of houses and other land-attached assets, or the time
for certifying ownership of land- attached assets on the certificates of land
use rights and ownership of houses and other land- attached assets.
Article 7.
Written request for registration
1. A written request for
registration must fully bear the signatures and seals (if any) of the
institutional and individual parties to the mortgage contract or their
authorized persons, excluding the following cases:
a/ If the contract on mortgage
of land use rights, contract on mortgage of house, contract on mortgage of
other land-attached assets or contract on mortgage of land-attached assets to
be formed in future has been lawfully notarized or certified, only the
signature and seal of one party to the contract or authorized person are
required;
b/The request for registration
of change of the registered content on the mortgagee, correction of erroneous
information on the mortgagee, the request for registration of written
notification on the disposal of mortgaged assets, request for mortgage
deregistration already bears the signature and seal of the mortgagee;
c/ The request for mortgage
deregistration already bears the signature and seal of the mortgagor and the
mortgagee's written agreement on the mortgage deregistration.
2. The written request for
registration only needs the signature of the head of the asset management and
liquidation team in case the head of the asset management and liquidation team
of an enterprise falling into bankruptcy is the registration requester.
Article 8.
Fee for registration of mortgage of land use rights and land-attached assets
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Article 9.
Registration forms
Organizations and individuals, when
registering the mortgage of land use rights and land-attached assets, shall use
forms issued together with this Circular.
Chapter II
REGISTRATION OF MORTGAGE
OF LAND USE RIGHTS AND LAND-ATTACHED ASSETS
Section 1
REGISTRATION DOSSIERS
Article 10.
Dossiers of registration of mortgage of land use rights, mortgage of land use
rights together with land-attached assets or mortgage of land use rights
together with land-attached assets to be formed in future
The requester shall submit a set
of the mortgage registration dossier comprising:
1. The written request for
mortgage registration (1 original);
2. The lawfully notarized or
certified contract on mortgage of land use rights, contract on mortgage of land
use rights together with land-attached assets, contract on mortgage of land use
rights together with land-attached asset to be formed in future (I original);
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4. The construction license, for
land-attached assets required by law to have construction license, or the
approved investment project, in case of mortgage of land-attached assets to be
formed in future, except the case such asset mortgage contract has been
notarized or certified or such asset is not subject to construction licensing
or making of investment project (1 certified copy);
5. The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison.
Article 11.
Dossiers of registration of mortgage of land-attached assets in case owners of
land-attached assets are concurrently land users
1. In case of mortgage of
land-attached assets which have been certified in the certificate of land use
rights and ownership of houses and other land-attached assets, the requester
shall submit a set of the mortgage registration dossier comprising:
a/ The written request for
mortgage registration (I original):
b/ The contract on mortgage of
land-attached assets or lawfully notarized or certified one (1 original);
c/ The certificate of land use
rights and ownership of houses and other land-attached assets (1 original);
d/ The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison.
2. In case of mortgage of
land-attached assets which have been formed but not yet certified in the
certificate of land use rights and ownership of houses and other land-attached
assets, the registration requester shall submit a set of the mortgage
registration dossier comprising:
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b/ The contract on mortgage of
land-attached assets or lawfully notarized or certified one (1 original);
c/ The certificate of land use
rights and ownership of houses and other land-attached assets (1 original):
d/ The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison;
e/ The dossier of request for
certification of the ownership of land-attached assets as provided in the
Government's Decree No. 88/ 2009/ND-CP of October 19, 2009, on the grant of
certificates of land use rights and ownership of houses and other land-attached
assets (below referred to as Decree No. 88/2009/ND-CP).
Article 12.
Dossiers of registration of mortgage of land-attached assets in case owners of
land-attached assets are not concurrently land users
1. In case of mortgage of
land-attached assets created on land leased by organizations, households or
individuals or on land with land use rights contributed as capital without
forming new legal entity and the owners of which have been granted certificates
of land use rights and ownership of houses and other land-attached assets, the
registration requester shall submit a set of the mortage registration dossier
comprising:
a/ The written request for
mortgage registration (1 original);
b/ The contract on mortgage of
land-attached assets or lawfully notarized or certified one (1 original);
c/ The certificate of land use
rights and ownership of houses and other land-attached assets granted to the
owner of land-attached assets (1 original);
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2. In case of mortgage of
land-attached assets created on land leased by organizations, households or
individuals or already formed on land with land use rights contributed as
capital without forming new legal entity and the owners of which have not yet
been granted certificates of land use rights and ownership of houses and other
land-attached assets, the registration requester shall submit a set of the
mortgage registration dossier comprising:
a/ The written request for
mortgage registration (1 original);
b/ The contract on mortgage of
land-attached assets or lawfully notarized or certified one (1 original);
c/ The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison;
d/ The dossier of request for
certification of ownership of land-attached assets as provided in Decree No.
88/2009/ND-CP.
Article 13.
Dossiers of registration of mortgage of land-attached assets to be formed in
future
1. In case of registration of
mortgage of land-attached assets to be formed in future which are not houses
bought by organizations and individuals from real estate trading enterprises
under Article 61 of the Government's Decree No. 71/2010/ND-CP of June 23, 2010,
detailing and guiding the implementation of the Housing Law (below referred to
as Decree No. 71/2010/ND-CP), in which land users are concurrently owners of
such assets, the registration requester shall submit a set of the mortgage registration
dossier comprising:
a/ The written request for
mortgage registration (1 original);
b/ The contract on mortgage of
land-attached assets to be formed in future or lawfully notarized or certified
one (1 original);
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d/ The certificate of land use
rights and ownership of houses and other land-attached assets (1 original);
e/ The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison.
2. In case of registration of
mortgage of land-attached assets to be formed in future which arc not houses
bought by organizations and individuals from real estate trading enterprises
under Article 61 of Decree No. 71/2010/ND-CP, in which land users arc not
concurrently owners of land-attached assets, the registration requester shall
submit a set of the registration dossier comprising:
a/ The written request for
mortgage registration (1 original);
b/ The contract on mortgage of
land-attached assets to be formed in future or lawfully notarized or certified
one (1 original);
c/ The lawfully notarized or
certified documentary evidence of the agreement between the land user and asset
owner on the use of land for creation of land-attached assets (1 original or
certified copy);
d/ The construction license, for
land-attached assets required by law to have construction license, or the
approved investment project, except the case such asset mortgage contract has
been notarized or certified or such asset is not subject to construction
licensing or making of investment project (1 certified copy);
e/ The authorization document,
in case the mortgage registration requester is an authorized person (a
certified copy), except when the registration requester produces the original
authorization document, only a copy is required for comparison.
Article 14.
Dossiers of registration of change of registered mortgage contents
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a/ Withdrawal, addition or
replacement of the mortgagor or mortgagee;
b/ Change of the name(s) or
type(s) of enterprise of one party or parties to the mortgage contract;
c/ Withdrawal of some of
mortgaged assets being land use rights or land-attached assets;
d/ Addition of mortgaged assets
being land use rights or land-attached assets;
e/ Formation of land-attached
assets being assets to be formed in future.
2. A change registration dossier
comprises:
a/ A written request for
registration of change of the registered mortgage content (1 original);
b/ The contract on the change,
in case the parties agree to add or withdraw some of mortgaged assets, to
withdraw, add or replace one of the contractual parties (I original) or a
competent slate agency's document in case of change of the name or type of enterprise,
change of one of the contractual parties under decision of a competent state
agency (1 certified copy), except when the registration requester produces the
original document, only a copy is required for comparison;
c/ The certificate of land use rights
and ownership of houses and other land-attached assets (1 original):
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3. When the mortgagee in many
contracts on mortgage of land use rights and land- attached assets undergoes a
change of type of enterprise, the registration requester shall submit a set of
the dossier of request for registration of change for all of these contracts,
which comprises:
a/ The papers stated at Points
a. c and d, Clause 2 of this Article:
b/ A competent state agency's
document on the change of type of enterprise (a certified copy), except when
the registration requester produces the original document, only a copy is
required for comparison;
c/ A list of registered mortgage
contracts (1 original).
4. In case of change of the name
of the mortgagee not falling into the case specified in Clause 3 of this
Article or change of the mortgagee in many contracts on mortgage of land use
rights and land-attached assets, the registration requester shall submit a set
of the dossier of request for change of name or change of mortgagee for all of
these contracts, which comprises:
a/ The papers stated at Points
a, c and d, Clause 2 of this Article;
b/ The contract on the change,
in case the parties agree to change the mortgagee (1 original) or a competent
state agency's document, in case of change of name of the mortgagee or change
of the mortgagee under decision of a competent stale agency (a certified copy),
except when the registration requester produces the original document, only a
copy is required for comparison;
c/ A list of registered mortgage
contracts (1 original).
5. In case of request for
registration of change of name of the mortgagor, the registration requester
shall submit a set of the dossier of request for registration of change as
provided in Clause 2 of this Article and a set of the dossier of request for
confirmation of the change of name in the certificate of land use rights and
ownership of houses and other land-attached assets as provided in Clause 1,
Article 29 of Circular No. 17/2009/TT-BTNMT.
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The requester for registration
of written notification of the disposal of mortgaged assets in case of
registered mortgage shall submit a dossier set comprising:
1. The written request for
registration of written notification of the disposal of mortgage assets (1
original);
2. The written notification of
the disposal of mortgaged assets (1 original):
3. The authorization document,
in case the registration requester is an authorized person (a certified copy),
except when the registration requester produces the original authorization
document, only a copy is required for comparison.
Article 16.
Dossier of mortgage deregistration
When falling into one of
mortgage deregistration cases provided by law. the registration requester shall
submit a deregistration dossier set comprising:
1. A written request for
mortgage deregistration (1 original);
2. The certificate of land use
rights and ownership of houses and other land-attached assets (1 original);
3. The mortgagee's written
consent to mortgage deregistration. in case the deregistration requester is the
mortgagor (1 original);
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Article 17.
Dossiers of request for correction of errors in mortgage registration content
due to registrants
1. In case of detecting
inaccurate or incomplete registration certification content or no certification
on the written request for registration, the certificate of land use rights and
ownership of houses and other land-attached assets, the registration requester
shall submit a set of a dossier of request for correction of errors to the land
use right registration office which has carried out the registration, for
correcting errors.
2. A dossier of request for
error correction comprises:
a/ A written request for error
correction (1 original);
b/ The certificate of land use
rights and ownership of houses and other land-attached assets, if there is an
error in the mortgage registration content on this certificate (1 original);
c/ The written request bearing
certification of the registration office, if there is an error in the
certification of the registered content (1 original);
d/ The authorization document,
in case the error correction requester is an authorized person (a certified copy),
except the case the registration requester produces the original authorization
document, only a copy is required for comparison.
Section 2
REGISTRATION PROCEDURES
Article 18.
Submission of registration dossiers
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2. The registration requester
being a domestic organization or an overseas Vietnamese carrying out an
investment project in Vietnam, or a foreign individual or organization shall
submit a registration dossier to the provincial-level land use right registration
office of the locality in which exist the land and land-attached assets.
3. In case of mortgage of land
use rights and land-attached assets in rural areas, domestic households and
individuals may choose to submit the dossiers to either the district-level land
use right registration office or the commune-level People's Committee of the
locality in which exist the land and land- attached assets.
For dossiers submitted to
commune-level People's Committees, within 3 working days, commune-level People's
Committees shall forward them to district-level land use right registration
offices.
Article 19.
Receipt of registration dossiers
1. Upon receiving a registration
request dossier, the registrant shall:
a/ Check the validity of the
dossier. If the dossier is invalid, the dossier-receiving officer shall refuse
to receive it and guide the registration requester to comply with regulations;
b/ Write the time of receipt of
the dossier (minute, hour and date) on the dossier receipt card, then sign and
write his/her name in the section for dossier-receiving officer;
c/ Make entry in the book of
receipt of dossiers of registration of mortgage of land use rights and
land-attached assets;
d/ Issue the dossier receipt
card to the registration requester.
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Article 20.
Registration of mortgage, registration of change, registration of written
notification, deregistration
1. Upon receiving a registration
request dossier, the land use right registration office shall check the
dossier.
2. If having a ground for
refusing registration under Clause 1. Article 11 of Decree No. 83/ 2010/ND-CP.
the land use right registration office shall issue a written refusal and
transfer it together with the dossier to the dossier-receiving section for
returning it to and guiding the registration requester in complying with
regulations.
3. If having no ground for
refusing registration, within the prescribed time limit stated in Article 6 of
this Circular, the land use right registration office shall certify the
registration of the mortgage, the change or the written notification or the
deregistration in the written registration request, and:
a/ For the case of registration
of mortgage of land use rights and land-attached assets, the land use right
registration office shall write the mortgage registration content in the
certificate of land use rights and ownership of houses and other land-attached
assets, the cadastral book and the book for monitoring land developments
according to law;
b/ For the case of registration
of change of registered mortgage content, the land use right registration
office shall revise the mortgage registration content in the certificate of
land use rights and ownership of houses and other land-attached assets; the
cadastral book and the book for monitoring land developments according to law;
c/ For the case of registration
of written notification of the disposal of mortgaged assets, the land use right
registration office shall write the registration of written notification of the
disposal of mortgaged assets on the cadastral book and the book for monitoring
land developments and notify in writing the disposal of mortgaged assets to the
co-mortgagees already registered, in case land use rights and land-attached
assets are used to secure many obligations;
d/ For the case of mortgage
deregistration, the land use right registration office shall write off the
registration in the certificate of land use rights and ownership of houses and
other land-attached assets, the cadastral book and the book for monitoring land
developments according to law.
4. In case of registration of
mortgage, registration of change, registration of written notification,
deregistration of mortgage of land-attached assets to be formed in future the
owners of which are not concurrently land users, the land use right
registration office shall only write the registration content in the written
request for registration, the cadastral book and the book for monitoring land
developments under Clause 3 of this Article.
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1. In case households and
individuals have one of the papers specified in Clauses 1, 2 and 5, Article 50
of the 2003 Land Law, they shall submit a set of the mortgage registration dossier
as guided in Articles 10, 11, 12 and 13 of this Circular (the certificate is
not required) and a set of the dossier of application for a certificate of land
use rights and ownership of houses and other land-attached assets provided in
Decree No. 88/2009/ND-CP to the land use right registration office for
registering the mortgage and submitting the dossiers to a competent state
agency for granting the certificate.
2. After receiving a valid
dossier forwarded from the dossier-receiving officer, the land use right
registration office shall:
a/ Certify the mortgage
registration in the written request for mortgage registration and return the
registration result under Article 27 of this Circular;
b/ Carry out procedures for
granting a certificate of land use rights and ownership of houses and other
land-attached assets under law.
3. After a competent state
agency grants a certificate of land use rights and ownership of houses and
other land-attached assets, the land use right registration office shall write
the mortgage registration content in such certificate, the cadastral book and
the book for monitoring land developments, and hand over the certificate to the
registration requester.
4. In case the applicant for a certificate
of land use rights and ownership of houses and land-attached assets is
ineligible under law, the land use right registration office shall cancel the
mortgage registration and notify in writing the registration requester thereof
and is not liable to pay compensation for damage under Article 49 of Decree No.
83/2010/ND-CP.
Article 22.
Registration of mortgage of land-attached assets already formed but not yet
certified in certificates of land use rights and ownership of houses and other
land-attached assets
1. Within the time limit
specified in Article 6 of this Circular, the land use right registration office
shall:
a/ Certify the mortgage
registration in the written request for mortgage registration and return the
registration result under Article 27 of this Circular;
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2. After a competent state
agency certifies the ownership of land-attached assets in the certificate of
land use rights and ownership of houses and other land-attached assets, the
land use right registration office shall write the mortgage registration
content in the certificate of land use rights and ownership of houses and other
land-attached assets, the cadastral book and the book for monitoring land
developments, and return such certificate to the registration requester.
3. In case the land use rights
have been mortgaged and registered before the ownership of land-attached assets
is certified in the certificate of land use rights and ownership of houses and
other land-attached assets, the registration requester is not required to have
the land use right mortgage deregistered when carrying out the certification of
the ownership of assets in the granted certificate of land use rights and
ownership of houses and other land-attached assets.
4. In case the mortgage of
land-attached assets has been registered under Clause 1 of this Article but the
requester is ineligible for ownership certification, the land use right
registration office shall cancel the mortgage registration result and notify in
writing the registration requester thereof and is not liable to pay
compensation for damage under Article 49 of Decree No. 83/2010/ND-CP.
Article 23.
Registration of mortgage in case of addition of the value of secured
obligations
1. In case of addition of the
value of the secured obligation for which the contractual parties sign a new
mortgage contract which is independent from the registered mortgage contract,
the registration requester shall register the new mortgage and is not required
to have the old mortgage deregistered.
2. In case of addition of the
value of the secured obligation for which the parties sign a new mortgage
contract in replacement of the registered mortgage contract, the registration
requester shall have the old mortgage deregistered and register the new
mortgage.
3. In case of addition of the
value of the secured obligation without supplementing a mortgaged asset and the
contractual parties sign an additional or a supplementary contract and a
contractual annex to add or supplement the registered mortgage contract, the
parties are not required to register the change with regard to such additional
or supplementary document.
Article 24.
Registration of change in case of change of name of mortgagor
In case the registration
requester submits a dossier of registration of change of the name of the
mortgagor together with a dossier of request for certification of change of the
name in the granted certificate, the land use right registration office shall
certify the change in the certificate of land use rights and ownership of
houses and other land-attached assets and the cadastral dossier before carrying
out one-stop-shop procedures for registering change of the mortgage content.
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The land use right registration
office shall record and revise the mortgage registration content in the
certificate of land use rights and ownership of houses and other land-attached
assets, the cadastral book and the book for monitoring land developments under
the guidance in the Ministry of Natural Resources and Environment's Circulars
No. 09/2007/TT-BTNMT, No. 17/2009/TT-BTNMT and No. 20/2010/TT-BTNMT of October
22, 2010, additionally providing for certificates of land use rights and
ownership of houses and other land-attached assets.
Article 26.
Correction of errors in mortgage registration due to registrants
1. In case the registrant
detects by himself/ herself in a cadastral dossier an error in the registered
content due to his/her fault, he/she shall promptly report it to the head of
the land use right registration office or the director of the district-level
Natural Resources and Environment Section (in a locality in which no land use
right registration office has been established yet) for consideration and
decision to correct information in the cadastral dossier and send a written
notification of the correction to the registration requester according to the
address stated in the registration request.
2. In case the land use right
registration office receives a written request for correction of an error
detected by the registration requester, within the time limit stated in Article
6 of this Circular, the registration office shall:
a/ Correct the erroneous
information in the registration content in the certificate of land use rights
and ownership of houses and other land-attached assets, the cadastral book and
the hook for monitoring land developments, if there is an error in the
certificate;
b/ Give certification in the written
request for error correction;
c/ Issue a document on the
correction of erroneous information in the registration content in the written
request, if there is an error in the written request.
3. The correction of an error
due to the fault of the registrant does not change the time of mortgage
registration and the registration requester does not have lo pay any fee for
such correction.
Article 27.
Return of registration results
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In case the registration
requester and the land use right registration office reach agreement on the
method of returning the registration result, such agreement shall be complied
with.
2. The land use right
registration office shall return to the registration requester the following
papers:
a/ The written request for
registration bearing the certification of the land use right registration
office (1 original);
b/ The certificate of land use
rights and ownership of houses and other land-attached assets bearing the
content of mortgage registration, registration of change, deregistration or
error correction (1 original);
c/ The document on the
correction of an error in the registration content (1 original), in case the registrant
detects by himself/herself an error in the cadastral dossier due to his/her
fault, or the document on the correction of an error in the registration
content and the written request for registration bearing the certification of
the registration office at fault (1 original), in case the registration
requester detects an error and makes a written request for correction.
3. In case the land use right
mortgage registration is carried out concurrently with the grant of a
certificate of land use rights and ownership of houses and other land-attached
assets under the land law, the land use right registration office shall return
the written request for registration bearing the certification of the mortgage
registration office to the registration requester. After granting such
certificate, the land use right registration office shall return the granted
certificate to the registration requester.
4. In case the registration
requester submits a dossier and receives the registration result at the
commune-level People's Committee, within 3 working days after completing the
registration, the land use right registration office shall send the
registration result to the commune-level People's Committee for returning the
result to the registration requester.
Article 28.
Preservation of registration dossiers
1. A preserved dossier of
mortgage registration comprises:
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b/ The mortgage contract (1
original);
c/ The certificate of land use
rights and ownership of houses and other land-attached assets bearing the
mortgage registration certification or the document proving the agreement
between the land user and asset owner on the use of land for creation of
land-attached assets, in case of registration of mortgage of land-attached
assets to be formed in future while the asset owner is not currently land user
(1 copy);
d/ The document of
authorization, in case the mortgage registration requester is an authorized
person (1 copy or certified copy).
2. A preserved dossier of change
registration comprises:
a/ The written request for
change registration bearing the certification of the registration agency (a
copy);
b/ The contract on the change (a
copy) or another document evidencing the changed content (a copy or certified
copy);
c/ The certificate of land use
rights and ownership of houses and other land-attached assets bearing the
certification of the changed content, in case the changed content has been
written in the certificate (a copy);
d/. The document of
authorization, in case the registration requester is an authorized person (1
copy or certified copy).
3. A preserved dossier of
mortgage deregistration comprises:
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b/ The certificate of land use
rights and ownership of houses and other land-attached assets bearing the
certification of mortgage deregistration.
c/ The mortgagee's written
consent to mortgage deregistration in case the requester is the mortgagor (1
original);
d/ The document of
authorization, in case the registration requester is an authorized person (1
copy or certified copy).
4. A preserved dossier of
registration of written notification of the disposal of mortgaged assets
comprises:
a/ The written request for
registration of written notification bearing the certification of the
registration agency (a copy);
b/ The written notification of
the disposal of mortgaged assets (1 original);
c/ The document of authorization,
in case the registration requester is an authorized person (1 copy or certified
copy).
5. A preserved dossier of error
correction comprises:
a/ The written request for error
correction bearing the certification of the registration agency (a copy);
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c/ The written request for
registration containing an error (a copy);
d/ The document of
authorization, in case the registration requester is an authorized person (1
copy or certified copy).
Chapter
III
IMPLEMENTATION
PROVISIONS
Article 29.
Effect
1. This Circular takes effect on
January 15, 2012.
2. Promulgated together with
this Circular are the following forms:
a/ Form No. 01/DKTC: Written
request for registration of mortgage of land use rights and land-attached
assets;
b/ Form No. 02/DKTC: Written
request for registration of change of registered mortgage content;
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d/ Form No. 04/DKVB: Written
request for registration of written notification of the disposal of mortgaged
assets;
e/ Form No. 05/SCSS: Written
request for error correction;
f/ Form No. 06/BSTS: Additional
page on mortgaged asset;
g/ Form No. 07/BSCB: Additional
page on parties to mortgage contract;
h/ Form No. 08/DMHDTC: List of
registered mortgage contracts
i/ Form No. 09/STN: Register of
receipt of dossiers of registration of mortgage of land use rights and
land-attached assets.
3. This Circular replaces the
following circulars:
a/ Joint Circular No.
05/2005/TTLT-BTP-BTNMT of June 16, 2005, of the Ministry of Justice and the
Ministry of Natural Resources and Environment, guiding the registration of
mortgage and guarantee with land use rights and land-attached assets;
b/ Joint Circular No.
03/2006/TTLT-BTP-BTNMT of June 13, 2006. of the Ministry of Justice and the
Ministry of Natural Resources and Environment, amending and supplementing a
number of provisions of Joint Circular No. 05/2005/TTLT-BTP-BTNMT;
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Article 30.
Transitional provisions
1. In case a registration
requester has a land use right certificate granted under the 1987 Land Law, the
1993 Land Law or the 2003 Land Law; or a house ownership certificate granted
under the 2005 Housing Law; or a certificate of house ownership and land use
rights granted under Decree No. 60/CP; a certificate of ownership of houses or
construction works granted under Decree No. 95/2005/ND-CP and has no demand for
changing it into a certificate of land use rights and ownership of houses and
other land-attached assets under the 2009 Law Amending and Supplementing a
Number of Articles of Laws Concerning Capital Construction Investment and
Decree No. 88/ 2009/ND-CP, he/she may use such certificate instead of a certificate
of land use rights and ownership of houses and other land-attached assets under
this Circular.
2. In case a credit contract
contains terms on mortgage of land use rights and land- attached assets or a
contract on mortgage of land use rights and land-attached assets is signed
before or at the same time with a credit contract, within 5 working days after
signing the credit contract, either party or both parties to the mortgage
contract shall submit a mortgage registration dossier.
In case of failing to request
registration within the above time limit due to the fault of the requester, the
land use right registration office shall still carry out the registration but
request the registration requester to take responsibility under the law on
sanctioning of administrative violations related to land.
3. In case a registration
requester registered the mortgage of land use rights and land- attached assets
before the effective date of the 2009 Law Amending and Supplementing a Number
of Articles of Laws Concerning Capital Construction Investment and Decree No.
88/ 2009/ND-CP, but now wish to change his/her certificate into a certificate
of land use rights and ownership of houses and other land-attached assets,
he/she is not required to have the mortgage deregistered. After completing
procedures for changing into a certificate of land use rights and ownership of
houses and other land-attached assets under law. the land use right
registration office shall write the mortgage registration content from the old
certificate into the certificate of land use rights and ownership of houses and
other land-attached assets.
4. The land use right
registration offices may further use the registers of receipt of mortgage
registration dossiers opened before the effective date of this Circular till
the last page of the registers; then they shall use the model register issued
together with this Circular.
Article 31.
Implementation responsibility
1. Provincial-level People's
Committees shall organize and direct provincial-level Departments of Justice
and Natural Resources and Environment and related local departments and sectors
and People's Committees of districts, towns and provincial cities in
implementing this Circular.
2. Any problems arising in the
implementation should be promptly reported to the Ministry of Justice and the
Ministry of Natural Resources and Environment for study and settlement.-
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FOR
THE MINISTER OF JUSTICE
DEPUTY MINISTER
Dinh Trung Tung
FOR
THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Manh Hien