Joint Circular No. 03/2006/TTLT-BTP-BTNMT dated June 13, 2006 of the Ministry of Justice and the Ministry of Natural Resources and Environment amending and supplementing a number of Provisions of Joint Circular No. 05/2005/TTLT-BTP-BTM dated June 16, 2005, of the Ministry of Justice and the Ministry of Natural Resources and Environment, which guides the registration of the mortgage of, and guaranty with, land use rights and/or assets attached to land

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Issuing body:	Ministry of Justice; Ministry of Natural Resources and Environment	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	03/2006/TTLT-BTP-BTNMT	Signer:	Uong Chu Luu; Mai Ai Truc
Type:	Joint Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	13/06/2006	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Justice , Land - Housing

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THE MINISTRY OF JUSTICE THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No: 03/2006/TTLT-BTP-BTNMT	Hanoi, June 13, 2006

JOINT CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF PROVISIONS OF 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, WHICH GUIDES THE REGISTRATION OF THE MORTGAGE OF, AND GUARANTY WITH, LAND USE RIGHTS AND/OR ASSETS ATTACHED TO LAND

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the November 26, 2003 Land Law;

Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on enforcement of the Land Law;

Pursuant to the Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and to Decree 187/2004/ND-CP on transformation of state companies into joint-stock companies;

Pursuant to the Government's Decree No. 08/2000/ND-CP of March 10, 2000, on registration of security transactions;

Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment,

In order to ensure uniform implementation of legal documents on the registration of security transactions with land use rights and/or assets attached to land, the Ministry of Justice and the Ministry of Natural Resources and Environment hereby amend and supplement a number of provisions of their Joint Circular No. 05/2005/TTLT/BTP-BTNMT of June 16, 2005, guiding the registration of the mortgage of, and guaranty with, land use rights and/or assets attached to land (referred to as Joint Circular No. 05), as follows:

1. To amend Point 1.1, Clause 1, Section I as follows:

"1.1. This Circular guides the registration of the mortgage of land use rights and/or assets attached to land by economic organizations, households, individuals, overseas Vietnamese, foreign organizations or individuals that, under the provisions of law, may mortgage or accept mortgages with land use rights and/or assets attached to land (collectively referred to as mortgage registration).

The trust-based security for the performance of loan contracts shall not be subject to registration."

2. To amend Clause 2, Section I as follows:

"2. Cases of mortgage registration at land use right registries

2.1. Mortgage of land use rights, mortgage of land use rights of a third person which, under the Land Law, is called guaranty with land use rights (collectively referred to as mortgage of land use rights);

2.2. Mortgage of dwelling houses, other architectures, planted productive forests or gardens of perennial trees; mortgage of dwelling houses, other architectures, planted productive forests or gardens of perennial trees of a third person (collectively referred to as mortgage of assets attached to land);

2.3. Mortgage of future assets attached to land; mortgage of future assets of a third person (collectively referred to as mortgage of future assets);

2.4. Mortgage of land use rights and assets attached to land;

2.5. Mortgage of land use rights and future assets;

2.6. Change, correction of errors or cancellation of registrations of mortgages stated at Points 2.1, 2.2, 2.3, 2.4 and 2.5 of this Clause;

2.7. Written notices on the disposal of mortgaged assets in cases where mortgage registration has been made."

3. To amend and supplement Point 7.1, Clause 7, Section I as follows:

"7.1. The time limit for mortgage registration for cases mentioned in Clause 2, Section I of this Circular is specified as follows:

a/ For valid registration dossiers comprising the land-use right certificate granted under the provisions of the 1987 Land Law, the 1993 Land Law or the 2003 Land Law; the dwelling-house ownership and residential-land use right certificate granted under the provisions of the Government's Decree No. 60/CP of July 5, 1994; the dwelling-house ownership and residential-land use right certificate granted under the provisions of law on dwelling houses (collectively referred to as the land-use right certificate); the dwelling-house ownership certificate granted under the provisions of law on dwelling houses; or the construction-work ownership certificate granted under the provisions of the Government's Decree No. 95/2005/ND-CP of July 15, 2005 (collectively referred to as the certificate of ownership over assets attached to land), mortgage registration shall be made on the date of receipt of the dossier; if the registration dossier is submitted after 15.00 hrs., mortgage registration shall be made on the subsequent working day at the latest.

b/ For registration dossiers comprising one of the papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law, mortgage registration shall be made within 5 working days after the land-use right registry receives the valid registration dossier."

4. To amend Point 1.1b, Clause 1, Section III as follows:

"b/ The contract on the mortgage of land use rights or assets attached to land, notarized or authenticated under the provisions of Point a, Clause 1, Article 130 of the Land Law, or certified by the Management Board of the industrial park, economic zone or hi-tech park under the provisions of Clause 10, Article 2 of the Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies, one (01) copy."

5. To amend the first paragraph, Point 1.1c, Clause 1, Section III as follows:

"c/ The land use right certificate."

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