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THE STATE BANK
OF VIETNAM – THE MINISTRY OF CONSTRUCTION – 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.01/2014/TTLT-NHNN-BXD-BTP-BTNMT
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Hanoi, April 25,
2014
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JOINT CIRCULAR
PROVIDING
INSTRUCTIONS ON PROCEDURES FOR MORTGAGING THE FUTURE-ACQUIRED HOUSES UNDER THE
REGULATIONS SPECIFIED IN THE DECREE NO.71/2010/NĐ-CP DATED JUNE 23, 2010 OF THE
GOVERNMENT ON DETAILING AND PROVIDING GUIDANCE ON THE ENACTMENT OF THE HOUSING
LAW
Pursuant to the Civil Code in 2005;
Pursuant to the Housing Law No.56/2005/QH11 and
the Law No.34/2009/QH12 on amending the Article 126 of the Law on Housing and
Article 121 of the Land Law; the Law No.38/2009/QH12 on amending several
provisions of the Laws regarding the infrastructure investment and
construction;
Pursuant to the Law on real estate business in
2006;
Pursuant to the Law on Notarization in 2006;
Pursuant to the Law on the State Bank of Vietnam
in 2010 and the Law on Credit Institutions in 2010;
Pursuant to the Land Law in 2003;
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Pursuant to the Decree No.153/2007/NĐ-CP dated
October 15, 2007 of the Government on providing instructions on the
implementation of the Law on real estate business;
Pursuant to the Decree No.71/2010/NĐ-CP dated
June 23, 2010 of the Government on providing instructions on the implementation
of the Housing Law;
Pursuant to the Decree No.83/2010/NĐ-CP dated
July 23, 2010 of the Government on the registration of secured transactions;
Pursuant to the Decree No.188/2013/NĐ-CP dated
November 20, 2013 of the Government on the development and management of social
houses;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks, powers
and organizational structure of the State bank of Vietnam;
Pursuant to the Government's Decree No.
62/2013/NĐ-CP dated June 25, 2013 defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No.
22/2013/NĐ-CP dated March 13, 2013 defining the functions, tasks, powers and
organizational structure of the Ministry of Justice;
Pursuant to the Government's Decree No.
21/2013/NĐ-CP dated March 04, 2013 on defining functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
The Governor of the State Bank of Vietnam, the
Minister of Construction, the Minister of Justice, the Minister of Natural
Resources and Environment, hereby promulgate the Joint Circular on providing
instructions on procedures for mortgaging the future-acquired houses under the
regulations specified in Clause 2 Article 61 of the Decree No.71/2010/NĐ-CP
dated June 23, 2010 of the Government on providing instructions on the
implementation of the Housing Law.
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GENERAL PROVISIONS
Article 1. Governing scope
1. This Circular provides for the procedures for
mortgaging the future-acquired houses (including the pledging process, mortgage
notarization and registration) of the organizations, individuals to apply for a
mortgage at credit institutions to purchase houses in the housing development
projects, urban zone investment and construction projects (hereinafter referred
to as residential property development project) of the real estate enterprises
under the regulations specified in the Clause 2 Article 61 of the Decree
No.71/2010/NĐ-CP dated June 23, 2010 of the Government on providing details and
instructions on the implementation of the Housing Law (hereinafter referred to
as the Decree No.71/2010/NĐ-CP).
2. This Circular is not applied to:
a) Pledging the future-acquired houses of family
households and individuals as collateral, which are developed on their
legally-owned lands to apply for a mortgage at credit institutions;
b) Pledging the property rights generated from the
contract for the purchase and sale of future-acquired houses as collateral for
a loan from credit institutions.
Article 2. Applicable entities
1. Organization or individual who purchases
future-acquired houses in the residential property development projects owned
by real estate businesses (including organization, individual as a transferee
of the contract for the purchase and sale of houses) which are then pledged as
collateral to purchase such houses or different ones in the residential
property development projects developed by real estate businesses.
2. Credit institutions founded and put into
operation as prescribed in the Law on Credit Institutions.
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4. Notary associations.
5. The registration office of land tenure
affiliated to the Department of Natural Resources and Environment throughout
centrally-affiliated cities and provinces; the registry of land tenure
affiliated to the Division of Natural Resources and Environment throughout
districts, towns and provincial cities; the Division of Natural Resources and
Environment throughout districts, towns and provincial cities if the registry
of land tenure affiliated to the Division of Natural Resources and Environment
throughout districts, towns and provincial cities has yet to be founded
(hereinafter referred to as the registry of land tenure).
6. The Center for the registration of transactions
and properties affiliated to the Ministry of Justice’s national registration
agency for secured transactions (hereinafter referred to as Center for
transaction and property registration).
7. Other organizations, individuals regarding the
use of future-acquired homes as collateral for the home mortgage as prescribed
in this Circular.
Article 3. Interpretation of
terms
In this Circular, terms are construed as follows:
1. Future-acquired house pledged as collateral
means the house that organization or individual purchases from the real estate
businesses who develop the residential property development projects at the
period when the home mortgage is brought into effect and such a house is under
construction as defined in the approved design and construction license (if
required) or such a house has been completely built as prescribed in the
construction laws but has yet to receive the Certificate of land tenure, house
and fixture ownership (hereinafter referred to as Certificate).
2. Real estate business means an enterprise or a
cooperative who is founded and runs their business in the real property sector
under the regulations of the Law on Enterprise, the Law on Investment and the
Law on Cooperatives as well as becomes the investor of residential property
development projects or the purchaser of houses that other investors have
developed to sell to customers.
3. Binding contract to pledge the future-acquired
house as collateral (hereinafter referred to as the mortgage) means the written
agreement between organization, individual stipulated in Clause 1 Article 2 of
this Circular (briefly called mortgagor) and credit institutions stipulated in
Clause 2 Article 2 of this Circular (mortgagee) which aims to determine, change
or terminate rights and obligations of contracting parties in terms of the
pledging of future-acquired house.
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5. Registration of future-acquired houses pledged
as collateral means that competent authorities who carry out the registration
of future-acquired houses used as collateral keep an account of the information
regarding future-acquired houses pledged as collateral, give their statement on
the registration of future-acquired houses in the application for the mortgage
registration, including: first registration, registration of changes,
registration of written notification of collateral settlement and cancellation
of mortgage registration.
6. Transition of the registration of the
future-acquired houses pledged as collateral, transition of the pledged
property rights derivative of the contract for the purchase and sale of
future-acquired houses means that the registry of land tenure certifies the
registered contents of pledged houses in the cadastral book and supplementary
page of the Transition Certificate and Request in the event that the mortgage
registration of future-acquired houses pledged as collateral and pledged
property rights derivative of the contract for the purchase and sale of
future-acquired houses have been completed as stipulated in this Circular and
legal regulations respectively but the mortgage registration is not removed by
the date on which the Certificate is issued.
Article 4. Rules of pledging
the future-acquired house as collateral
1. Credit institutions that accept the
future-acquired house of organization, individual as collateral to take out a
mortgage to purchase houses developed by real estate businesses must comply
with the regulations specified in this Circular as well as other relevant laws.
2. The future-acquired house is eligible to be
pledged as collateral only when it has met the pledging requirements as
stipulated in Article 6 of this Circular.
3. Value of the future-acquired house pledged as
collateral is agreed by both contracting parties on the basis of the
residential property value defined at the moment of signing contracts for the
house purchase and sale.
4. The mortgage must be notarized and proceed to
carry out the secured transaction registration as regulated in the Circular.
5. Mortgagor is only allowed to put the
future-acquired house up as collateral for the home mortgage granted by a
credit institution to purchase the house in the residential property
development projects owned by the real estate businesses.
6. If the future-acquired house has been pledged as
collateral in the form of property right generated from the contract for the
purchase and sale of the future-acquired house, it is not eligible to continue
to be pledged at credit institutions as stipulated in this Circular. If the future-acquired
house is pledged under the regulations specified in this Circular, it is not
allowed to be accepted as collateral in the form of property right generated
from the contract for the purchase and sale of that house.
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8. Before the Certificate is issued, the mortgagor
and mortgagee can reach the agreement on modifying the contractual terms and
conditions of the signed mortgage or enter into another new one.
9. Competent registry of the mortgage registration
shall carry out the mortgage registration of the future-acquired house in the
form of a record, which is based on the information that is clarified in the
application form for the registration. The applicant for the registration must
lodge their registration dossiers and assume their legal responsibility for the
validity and accuracy of the declared information as well as other attached
documents and records.
Article 5. Types of the future-acquired
houses that can be pledged as collateral
The future-acquired houses that serve as collateral
for a home mortgage, which is stipulated in this Circular, consists of
commercial and social houses according to the housing laws, specified as follows:
1. Apartments that have been developed in the
residential property development projects;
2. Detached houses (including villas and terraced
houses) that have been developed in the residential property development
projects.
Article 6. Requirements for the
future-acquired houses that can be pledged as collateral
The future-acquired houses that can be accepted as
collateral at credit institutions must be subject to the following
requirements:
1. Provide the approved technical design, finish
the foundation construction, accomplish the purchase and sale processes and
hold the contract for the purchase and sale with the real estate businesses
conforming to the housing laws or those that have been handed over to
purchasers but have yet to grant the Certificate as stipulated by laws;
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3. Be a part of a residential property development
project that has received the Certificate or the decision on granting the land
tenure and tenancy to investors from regulatory agencies according to legal
regulations, which is applied to the social housing development projects.
Article 7. Application
documents to apply for the mortgaging of future-acquired houses
Application documents that are needed to put the
future-acquired house up as collateral for a home mortgage at credit
institutions include the followings:
1. If the future-acquired house under construction
is pledged as collateral, documents comprise:
a) A contract for the house purchase and sale
signed by the mortgagor and the real estate business, which complies with the
housing laws (01 original); any receipt and invoice kept by the real
estate business (01 original if available). If the future-acquired house
purchased from the investor to resell customers by the real estate business,
the contract for house purchase and sale signed by the investor and this
enterprise (01 certified true copy) is additionally required. If the
mortgagor is the transferee of the contract for house purchase and sale, an
original proof of the disposition of this contract must abide by the housing
laws;
b) A legal mortgage;
c) An acceptance record of the completion of the
foundation construction under the legal regulations on construction (01
certified true copy);
d) A written confirmation of the transaction
performed through the real estate trading floor under legal regulations on the
real estate trading, or a written evidence of the house, if it is a commercial
house, which is subject to the housing regulations on determining the maximum
amount of distributed houses that only account for less than 20% of total
residential house product (01 original);
dd) One of required documents as stipulated in
Clause 3 Article 6 of this Circular (01 certified true copy).
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a) Documents regulated in Point a, b, d and Point
dd Clause 1 of this Article;
b) A record on the house hand-over signed by the
real estate business and mortgagor (01 original).
Article 8. Rights and
obligations of the mortgagor
1. Rights:
a) Reject any of mortgagee’s requests in breach of
contractual terms and conditions in the mortgage as well as legal regulations;
b) Take back submitted documents as stipulated in
Article 7 of this Article and the Certificate (if any) immediately after
entirely fulfilling their obligations to repay the loan to mortgagee or if the
mortgagee employs another security method or different collateral after
obtaining the consent from mortgagee;
c) Other rights stipulated by laws.
2. Obligations:
a) Comply with the contractual terms and conditions
of the mortgage;
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c) Agree with the mortgagee on getting their
mortgage notarized at notary associations as well as registering the
future-acquired house pledged as collateral at competent registries as
prescribed in Chapter II and Chapter III of this Circular; cooperate with the
mortgagee to register any change to the content that has been clarified in the
mortgage registration of the future-acquired house pledged as collateral after
that house is completely built, handed over to customers and legalized by the
issuance of the Certificate;
d) If the pledged house is damaged, destroyed or is
not likely to be completely erected on account of unexpected reasons or is
forced to stop building, the mortgagor must immediately notify the mortgagee
and provide any equivalent valuable as a replacement or employ additional or
replacement security method, except that there is no other agreement between
both parties;
dd) Indemnify the mortgagee for any loss (if any);
e) Fulfill other obligations as stipulated by civil
laws and regulations on secured transactions.
Article 9. Rights and
obligations of the mortgagee
1. Rights:
a) Request the mortgagor to provide all necessary
documents of the mortgaged house according to the regulations specified in
Article 7 of this Circular;
b) Exercise the right to supervise and examine the
building progress of the mortgaged house;
c) Have the right to re-evaluate the mortgaged
property periodically or at any time as agreed in the mortgage to serve as the
request for providing additional pledged property or other security method if
necessary;
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dd) Request the real estate business that sells
their house to the mortgagor to provide information about the mortgaged house
and cooperate with the mortgagor to follow procedures for the issuance of the
Certificate for the mortgaged house as well as provide favorable conditions for
the mortgagee to exercise the right to supervise and examine the building
progress of the mortgaged house;
e) Request the notary association to carry out the
notarization of the mortgage;
g) Request the competent registries of the secured
transaction to remove or change the registered content in case the mortgaged
property is replaced and modified; the mortgaged property is settled and
annulled; pledging the future-acquired house as collateral is terminated;
h) Other rights stipulated by laws.
2. Obligations:
a) Strictly comply with the contractual terms and
conditions of the mortgage;
b) Examine and verify the future-acquired house to
ensure that it satisfies the mortgage requirements as regulated in Article 6 of
this Circular;
c) Do not barricade or cause any difficulty
completing the construction of the mortgaged house when they exercise their
right to perform supervision and examination;
d) Return the documents that the mortgagor has been
submitted to apply for the home mortgage, the Certificate (if any) to the
mortgagee when the mortgagee has completed their loan repayment obligations as
agreed in the mortgage or in case the mortgagor employs other security methods
or pledged properties;
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dd) Indemnify the mortgagee for any loss (if any);
g) Fulfill other obligations as stipulated by legal
regulations.
Article 10. Rights and
obligations of the real estate business
1. Rights of the real estate business who sells the
future-acquired house to organization or individual to serve as collateral for
the home mortgage at credit institutions:
a) Reject the provision of information and
documents related to the dossier of the mortgaged house which do not comply
with the regulations specified in this Circular;
b) Request the mortgagor to make the payment as
agreed in the contract for the house purchase and sale;
c) Other rights stipulated by laws.
2. Obligations of the real estate business who
sells the future-acquired house to organization or individual to serve as
collateral for the home mortgage at credit institutions:
a) Provide relevant adequate and accurate documents
in order for the sellers to perform their mortgaging at credit institutions
according to the regulations specified in this Circular and laws on the secured
transactions. Deliver documents and materials regarding the pledged house,
which is generated after the signing of the home mortgage, as authorized by the
mortgagor;
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c) On receipt of the written notification from the
mortgagee about the future-acquired house that is being pledged, the real
estate business is not allowed to dispose of that house to any organization or
individual unless a written consent from the mortgagee is obtained;
d) Provide all legal documents of the mortgaged
house to request competent agencies to issue the Certificate to the mortgagor
or mortgagee if the pledged house is settled under legal regulations;
dd) Enable the mortgagee to exercise their rights
to supervise and examine the building progress of the mortgaged house;
e) Notify the mortgagee and mortgagor of the
payment progress of the pledged house as well as the building progress and
completion of the residential housing project;
g) Cooperate with the mortgagee to disburse the
loan as prescribed in legal regulations as well as request to remove the
mortgage registration and settlement;
h) Secure other obligations as stipulated by legal
regulations.
Article 11. Rights and
obligations of the real estate trading floor for the commercial house pledged
as collateral
1. Provide information and materials regarding the
future-acquired house as requested by the mortgagee or the Department of
Construction where the project is developed and assume the responsibility for
information and materials that have been submitted.
2. Reject the provision of information and
documents related to the dossier of the mortgaged house, which is in breach of
the regulations specified in this Circular.
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Chapter 2.
PROCEDURES FOR THE
NOTARIZATION OF FUTURE-ACQUIRED HOUSES PLEDGED AS COLLATERAL
Article 12. Notarization of
the mortgage that has been written in advance
1. Person who applies to get the mortgage notarized
shall submit a request for notarization, including the following documents:
a) A request form for the notarization of contract
and transaction (01 original);
b) A draft mortgage;
c) Personal documents (01 copy);
d) Documents regulated at Article 7 of this
Circular (01 copy), exclusive of the mortgage;
dd) Other documents regarding the mortgage required
by laws (01 copy); if the residential property development project has
been mortgaged by the real estate business to secure their other civil
obligations, the written confirmation on the partial withdrawal of the house
pledged as collateral that has been sold to the mortgagor, issued by the
mortgage registry, must be submitted as well.
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3. Notary public receives the applications and
examines the documents contained in the request for notarization. If the
request for notarization is adequate and complies with legal regulations, (s)he
shall proceed to handle and record the case into the notarial book.
4. If there is any evidence that the request for
notarization still consists of ambiguous contents and there may exist a sign of
coercive acts or a suspicion about the applicant’s capacity for civil acts or
that the mortgaged property does not satisfy the mortgage requirements under
the regulation specified in Article 6 of this Circular, the notary public can
request the applicant to clarify the aforementioned, or at the request of the
applicant, notary public can proceed to verify or send the request for
valuation; if the above-mentioned issues are not clarified, the notary public
has the right to refuse the notarization.
5. When the notary public examines the draft
mortgage, if (s)he detects any contractual terms and conditions in violation of
legal regulations, social ethics or the contracting entities are absolutely
improper, (s)he must provide clear instructions for the applicant to make any
possible adjustment. If the applicant, for some reasons, fails to make the
adjustment, the notary public shall have the right to reject their request for
notarization.
6. Applicant requests the notary to read the draft
mortgage to himself/herself or to read it aloud to the applicant. If the
applicant for notarization is not fluent in Vietnamese, a translator is needed.
The translator is responsible to fully and accurately render the content of
draft mortgage and the notary oath as well as affix his/her signature in each
page of that draft mortgage.
If the applicant for notarization agrees to all
contents in the draft mortgage, (s)he must sign his/her name in each mortgage
page. The notary must write his/her oath and put his/her signature in each page
of the mortgage.
Article 13. Notarization of
the mortgage that has been written by the notary as requested by the applicant
for notary
1. The applicant must submit a set of documents as
regulated in Point a, c, d and dd Clause 1 Article 12 of this Circular and
clarify the contractual contents and intents of the mortgage.
2. The notary must abide by regulations specified
in Clause 2, 3 and 4 Article 12 of this Circular.
If the contents and intents of the mortgage are
true and do not breach laws as well as social ethics, the notary must proceed
to write the mortgage.
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If the applicant for notarization agrees to all
contents in the draft mortgage, (s)he must sign his/her name in each mortgage
page. The notary must write his/her oath and sign his/her name in each mortgage
page.
Article 14. Other procedures
for the notarization of the mortgage
Other procedures for getting the mortgage notarized
must include notarial authority; notarial expiration date; notarization venue,
handwriting, signature, fingerprint, proofreading of notarial documents;
amendment, revision or cancellation of the mortgage as stipulated by the notary
laws.
Article 15. Obligations of the
notary associations and notaries
1. Notarize the mortgage as requested by the
applicant when (s)he submits full of legal documents regulated in this Circular.
2. When notarizing the mortgage, the notary must
abide by the regulations of this Circular and relevant laws as well as assume
legal responsibility for the notarial documents.
Chapter 3.
REGISTERING AND
PROVIDING THE INFORMATION ABOUT THE MORTGAGING OF FUTURE-ACQUIRED HOUSES
Article 16. The competent
authority in charge of receiving application documents, registering the
mortgaging of future-acquired houses and performing the transition of the
mortgage registration
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2. The registry of land tenure, affiliated to the
Department of Natural Resources and Environment of centrally-affiliated cities
and provinces where future-acquired houses are located, performs the
registration of the mortgaged future-acquired houses and carry out the
transition of the mortgage registration if the mortgagor is a domestic
organization and Vietnamese expatriate who develops the investment projects in
Vietnam, foreign individual or organization.
3. The registry of land tenure, affiliated to the
Division of Natural Resources and Environment of provincial districts, towns
and cities where future-acquired houses are located or the Division of Natural
Resources and Environment of provincial districts, towns and cities, where
future-acquired houses are located, if the registry of land tenure has yet to
be founded, shall perform the registration of the pledged future-acquired
houses and the transition of this registration if the mortgagor is domestic
family household or individual and Vietnamese expatriates who are eligible to
purchase residential house and land tenure in Vietnam.
Article 17. Time of the
mortgage registration and deadline for processing the application documents for
the mortgage registration
1. Time of the mortgage registration for
future-acquired houses pledged as collateral to serve the purpose of
determining the priority of payments is the time when the competent agency who
receives the application documents for the mortgage registration performs the
receipt of the valid documents.
2. The transition of the mortgage registration and
correction of errors incurred by the registries shall not change the time of
valid mortgage registration as stipulated by laws.
3. Deadline for processing the application for the
mortgage registration of future-acquired houses pledged as collateral shall
follow regulations specified in Article 18 of the Decree No.83/2010/NĐ-CP dated
July 23, 2010 on registering secured transactions (hereinafter referred to as
Decree No.83/2010/NĐ-CP).
Article 18. Fee of the
mortgage registration of the future-acquired houses pledged as collateral
Rate of mortgage registration fee, rules of
collecting, using and managing the registration fee shall abide by the
regulations specified in the Joint Circular No.69/2011/TTLT-BTC-BTP dated May
18, 2011 of the Ministry of Finance and Ministry of Justice on providing
instructions on the rules of collecting, paying, managing and using the fee of
secured transaction registration, provision of information about secured
transactions and use of regular client services.
Article 19. Application for
the first mortgage registration of future-acquired houses
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1. A request for the mortgage registration
following the Form No.01/ĐKTC-NTL enclosed with this Circular (01 original);
if the Form No.01/ĐKTC-NTL is not adequate for the declaration of registration
contents, additional declaration should be made in the Form No.04/ĐKTC-NTL
enclosed with this Circular;
2. Notarized mortgage under the regulations
specified in this Circular (01 original);
3. The contract for house purchase and sale between
organizations, individuals that purchase houses and the real estate business
according to the housing laws. If the mortgagor is the transferee of the
contract for house purchase and sale, a copy of document on the transfer of
this contract must be additionally provided under the housing laws (01 copy);
4. A written authorization, if the applicant for
the mortgage registration is the authorized person.
Article 20. Application for
the adjustment to the mortgage registration content of the future-acquired
house pledged as collateral
1. Adjustment to the registration content of the
future-acquired house pledged as collateral shall be made in the following
cases:
a) Partially withdraw, add or replace mortgagor or
mortgagee; change name of mortgagor or mortgagee;
b) Partially withdraw collateral;
c) Add additional pledge without signing new
mortgage;
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dd) Change any other content that has been
registered.
2. Application documents for changes to the
mortgage registration in terms of cases regulated in Point a, b, c and dd
Clause 1 of this Article must include:
a) A request for changes to the mortgage
registration according to the Form No.02/ĐKTC-NTL attached to this Circular (01
original); in case the Form No.02/ĐKTC-NTL are not adequate to declare the
registration contents, the Form No.04/ĐKTC-NTL attached to this Circular must
be used to declare further contents;
b) A contract for this change if contracting
parties agree on adding or withdraw collateral, or consent to withdraw, add or
replace one of contracting parties in the mortgage (01 original);
c) A document issued by competent governmental
agencies or organizations on the change to one of registered information such
as name, type of enterprise as a mortgagor or mortgagee; one of contracting
parties in the mortgage (01 certified true copy);
d) A document on the authorization in case the
applicant for registration is the authorized person.
3. Application documents for the change to the
registered contents for cases regulated in Point d Clause 1 of this Article
must include:
a) A written request for the change to the mortgage
registration contents according to the Form No. 02/ĐKTC-NTL attached to this
Circular (01 original);
b) A document on the authorization, in case the
applicant for registration is the authorized person.
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Whenever any error related to the registration
contents, incurred by the registry, has been detected, the application for
registration must submit his/her request for the correction of this error,
including:
1. A written request for the error correction by
filling in the Form No.02/ĐKTC-NTL attached to this Circular (01 original);
2. A registration application that has been
certified by the registry in which the certifying contents contain some error (01
original);
3. A document on the authorization in case the
applicant for the error correction is the authorized person (01 certified
true copy).
Article 22. Application
documents for the removal of mortgage registration
Application documents for the removal of mortgage
registration must include:
1. A request for the removal of the mortgage
registration of the future-acquired house according to the Form No.05/ĐKTC-NTL
attached to this Circular (01 original);
2. A document on the consent to removing the
mortgage registration in case the applicant for the removal of mortgage
registration is the mortgagor (01 original);
3. A written authorization if the applicant for the
removal of mortgage registration is the authorized person.
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Application for a written notification of the
settlement of the future-acquired house pledged as collateral must include:
1. A request for the registration of notification
of the collateral settlement according to the Form No.03/ĐKTC-NTL attached to
this Circular (01 original); in case the Form No.03/ĐKTC-NTL is not
adequate to declare the registration contents, the Form No.04/ĐKTC-NTL attached
to this Circular must be used to add more contents;
2. A written notification of the settlement of the
future-acquired house pledged as collateral (01 original);
3. A written authorization in case the applicant
for registration is the authorized person.
Article 24. Application for
the transition of the registration of the future-acquired house pledged as
collateral
1. A written request for the transition of the
mortgage registration, if the mortgage registration of the future-acquired
house complies with this Circular, must include:
a) A written request for the transition of the
mortgage registration of the future-acquired house pledged as collateral
according to the Form No.06/ĐKTC-NTL attached to this Circular (01 original);
if the Form No.06/ĐKTC-NTL is not adequate for the registration declaration,
the Form No.04/ĐKTC-NTL attached to this Circular shall be additionally used;
b) A document on the authorization in case the
applicant for the error correction is the authorized person.
2. A written request for the transition of the
mortgage registration, if the mortgage registration of the future-acquired
house complies with legal regulations on the property right generated from the
contract for the purchase and sale of the future-acquired house, must include:
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b) A document on the provision of information about
the mortgaging of the property right generated from the contract for the
purchase and sale of the future-acquired house issued by the Center for
Transaction and Property Registration (01 original) or the Certificate
of secured transaction registration issued by the Center for Transaction and
Property Registration (01 certified true copy); the Certificate of the
registration of changes to the registered mortgage contents (if any) (01
copy).
Article 25. Procedures for the
mortgage registration of the future-acquired house pledged as collateral and
the correction of errors incurred by the registry
1. The applicant for the mortgage registration of
the future-acquired house pledged as collateral must submit his/her application
at the competent agencies in charge of receiving applications according to the
regulations specified in this Circular.
2. The receipt of application documents at the
registry of land tenure shall follow the steps below:
a) Examine the validation of application documents;
if the application documents are not adequate, the receiver is able to refuse
to accept the application documents and guide applicants to comply with
regulations on applying for the registration;
b) Write down time of receiving documents (hour,
minute and date) in the written request for registration and Document Receipt
Note; sign and write the full name at the section intended for the receiving
officer; issue a Document Receiving Note to the applicant;
c) Record the information about the receipt of
documents into the register of the land and fixture tenure according to the
Form No.09/STN promulgated together with the Joint Circular
No.20/2011/TTLT-BTP-BTNMT dated November 18, 2011 of the Ministry of Justice
and the Ministry of Natural Resources and Environment on providing the
instructions on the mortgaging of land and fixture tenure (hereinafter referred
to as Joint Circular No.20/2011/TTLT-BTP-BTNMT).
3. The receipt of application documents at
single-window division shall follow these steps:
a) Carry out required processes as regulated in
Point a and Point b Clause 2 of this Article;
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c) Forward these documents to the registry of land
tenure. The registry of land tenure carries out the tasks as regulated in Point
c Clause 2 of this Article.
4. After receiving the application documents, the
registry of land tenure must check the attached documents; attest to the
application for the mortgage registration and make a copy of this application
for document storage; write the information about the mortgage registration
into the register according to the Form No.07/ĐKTC-NTL attached to this
Circular; forward the original of certified application for the mortgage
registration to the receiving and responding division and then send it to the
applicant.
In case of detecting proper reasons for refusing to
accept the application documents as regulated in Clause 1 Article 11 of the
Decree No.83/2010/NĐ-CP, the registry of land tenure is entitled to reject the
application in writing and forward these application documents to the receiving
and responding division to return to the applicant and guide him/her to comply
with the regulations.
5. If the registry detects any error contained in
the registered contents, the adjustment to the mortgage information provided in
the application documents for the mortgage registration, the register of the
future-acquired house pledged as collateral must be performed and a written
notification must be sent to the application to confirm the adjusted contents.
Article 26. Procedures for the
transition of the mortgage registration
1. The transition of the mortgage registration
shall be carried out before the Certificate is granted to the eligible
applicant. The application documents for the transition of the mortgage
registration must be submitted along with the request for the issuance of the
Certificate.
2. The registry of land tenure must refer to the
application documents for the mortgage registration of the future-acquired
house, the request for the transition of mortgage registration in order to
proceed to perform the transition of the mortgage registration by means of
certifying and recording the registered contents into the cadastral book and
supplementary page of the Certificate.
3. If the transition of mortgage registration is
applicable to the residential house eligible to be registered as collateral
under legal regulations on the mortgaging of the property right generated from
the contract for sale and purchase of the future-acquired house, after the
registered contents recorded in the cadastral book and supplementary page of
the Certificate have been certified, the registry of land tenure must confirm
the completion of this transition in the request for the transition of mortgage
registration, make a copy of the request for the transition of certified
mortgage registration for the purpose of document storage, send the original of
the request for the transition of the certified mortgage registration serving
as the written notification to inform the Center for Transaction and Property
Registration under the regulations specified in Article 28 of this Circular.
Article 27. Formulating,
supplementing and managing the application dossier for the mortgage
registration of the future-acquired house
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2. The mortgage registry of the future-acquired
house must assume responsibility to formulate, supplement and manage the application
dossier for the mortgage registration of the future-acquired house and the
register of the mortgaging of the future-acquired house. The management of the
logbook used to record the application documents for the mortgage registration
of the land and fixture tenure must comply with the regulations specified in
the Joint Circular No.20/2011/TTLT-BTP-BTNMT.
Article 28. Information
exchange between the registry of land tenure and the Center for Transaction and
Property Registration
1. Within a minimum period of 01 working day before
the issuance of the Certificate, the registry of land tenure send a written
notification of the transition of the mortgage registration as regulated in
Clause 3 Article 26 of this Circular to the Center for Transaction and Property
Registration, where the Certificate of secured transaction registration has
been issued, by means of courier mail, facsimile and electronic mail.
2. Immediately when receiving the written
notification of the transition of the mortgage registration sent by the
registry of land tenure or no later than the consecutive working day, the
Center for Transaction and Property Registration must remove the mortgage
registration of the property right generated from the contract for purchase and
sale of the future-acquired house under legal regulations and dispatch the
written notification of the removal of secured transaction registration via
courier mail, facsimile and electronic mail to the Registration Office of land
tenure for document storage.
Article 29. Providing
information about the future-acquired house pledged as collateral
The provision of information about the
future-acquired house pledged as collateral shall adhere to regulations
specified in Chapter III of the Decree No.83/2010/NĐ-CP and the regulations
promulgated by the Ministry of Natural Resources and Environment.
Chapter 4.
IMPLEMENTATION
PROVISIONS
Article 30. Responsibilities
held by branches of the State Bank of Vietnam in centrally-affiliated cities
and provinces
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Article 31. Responsibilities
held by the Department of Construction at centrally-affiliated cities and
provinces
1. Announce the information regarding the housing
investment and development projects on the electronic information portal of the
Department of Construction at these cities and provinces immediately after
these residential property development projects have been approved by competent
agencies and sustain the expiration date of the information announcement during
the project execution.
2. Provide information requested by the mortgagee
about the progress of the residential property development projects in these
areas as well as those that have been advertised for sale according to the
housing laws.
3. Cooperate with functional agencies to examine
and handle or advise competent agencies within their scope of competence to
handle violations against regulations on the housing investment and development
of organization, individual as well as concurrently notify credit institutions
located in these areas of these violations.
Article 32. Responsibilities
held by the Department of Justice at centrally-affiliated cities and provinces
1. Direct the notary associations located in these
areas to carry out the notarization of the mortgage of the future-acquired
house as prescribed in the regulations specified in this Circular.
2. Handle within their scope of competence or
report the Ministry of Justice to handle any difficulty during the
implementation of getting the mortgage of the future-acquired house notarized.
Article 33. Responsibilities
held by the Department of Natural Resources and Environment at
centrally-affiliated cities and provinces
1. Guide the registry of land tenure at the
province and district's level to carry out the following tasks:
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b) Provide information about the mortgage
registration of the future-acquired house as requested by organization or
individual.
2. Within their scope of competence deal with or
report the Ministry of Natural Resources and Environment to handle any
difficulty during the implementation of mortgage registration and transition of
mortgage registration of the future-acquired house.
3. In terms of local areas where the land
Registration Office, affiliated to the Department of Natural Resources and
Environment, the land Registration Office or branches of the land Registration
Office shall carry out tasks assigned by the registry of land tenure as
prescribed in this Circular within the scope of competence regulated by the
land-related laws.
Article 34. Implementation
1. This Circular shall come into effect from June
16, 2014 and supersede the Joint Circular No.05/2007/TTLT-BTP-BXD-TTNMT-NHNN
dated May 21, 2007 of the Ministry of Justice, the Ministry of Construction,
the Ministry of Natural Resources and Environment and the State Bank of Vietnam
to provide guidance on several contents regarding the mortgage registration of
residential houses.
2. Branches of the State Bank of Vietnam at
centrally-affiliated cities and provinces, the Department of Construction, the
Department of Justice, the Department of Natural Resources and Environment;
President of the Board of Directors and the Board of Members and Chief
Executive Officer (Director) of credit institutions; the real estate trading
floors, notary service associations, the registries of land tenure, relevant
organizations and individuals shall take responsibility to implement this
Circular.
3. In the furtherance of this Circular, should
there be any difficulty, organization or individual must send timely report to
the State Bank of Vietnam, the Ministry of Construction, the Ministry of
Justice, the Ministry of Natural Resources and Environment for consideration
and resolution.
PP. THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Manh Hien
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PP. THE
MINISTER OF JUSTICE
DEPUTY MINISTER
Đinh Trung Tung
PP. THE
MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Nguyen Tran Nam