Circular No. 07/2019/TT-BTP dated November 25, 2019 of the Ministry of Justice on guiding a number of provisions on registration of mortgage of land use rights and land-attached assets

CIRCULAR

Guiding a number of provisions on registration of mortgage of land use rights and land-attached assets^[1]

Pursuant to the November 24, 2015 Civil Code;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the November 25, 2014 Housing Law;

Pursuant to the Government’s Decree No. 102/2017/ND-CP of September 1, 2017, on registration of security interests;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Director of the National Registration Agency for Secured Transactions;

The Minister of Justice promulgates the Circular guiding a number of provisions on registration of mortgage of land use rights and land-attached assets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides a number of provisions on registration, refusal of registration, and forms for registration of the mortgage of land use rights and land-attached assets.

Article 2. Subjects of application

1. Individuals and legal persons that request registration of the mortgage of land use rights and land-attached assets.

2. Households being land users that request registration of the mortgage of land use rights and land-attached assets in accordance with the Land Law and Civil Code.

3. Branches of land registration offices and land registration offices attached to provincial-level Departments of Natural Resources and Environment (below collectively referred to as land registration offices).

4. Other entities that request, or have the rights and obligations related to, registration of the mortgage of land use rights and land-attached assets in accordance with the Law on Enforcement of Civil Judgments, Bankruptcy Law or other relevant laws.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Land-attached assets include houses and construction works under house construction investment projects; detached houses prescribed in the Housing Law; other construction works defined in the laws on investment and real estate business and other relevant laws; and perennial plants and planted production forests;

2. Future land-attached assets include:

a/ Houses and construction works under construction that have not yet undergone takeover tests for being put into use, including houses, construction works under house construction investment projects, and detached houses defined in the Housing Law; and other construction works defined in the laws on investment and real estate business and other relevant laws;

b/ Planted production forests and perennial plants that have not yet been formed or have been formed but over which mortgagors establish the ownership after the time of entry into mortgage contracts;

3. Transition of registration of mortgage of property rights arising from a house purchase and sale contract means a land registration office’s certification of mortgage registration in case parties that have registered the mortgage of property rights arising from a house purchase and sale contract request transition to registration of the mortgage of future houses or houses for which the parties have not yet deregistered the mortgage of such property rights by the time of transition request;

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