Joint Circular No. 09/2016/TTLT-BTP-BTNMT dated June 23, 2016 of the Ministry of Justice and the Ministry of Natural Resources and Environment instructions on registration of mortgaging of land use rights, properties on land

JOINT CIRCULAR

Guiding the registration of mortgage of land use rights and land-attached assets[1]

Pursuant to the June 14, 2005 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. 83/2010/ND-CP of July 23, 2010, on registration of secured transactions;

Pursuant to the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing the implementation of a number of articles of the Land Law;

Pursuant to the Government’s Decree No. 99/2015/ND-CP of October 20, 2015, detailing and guiding the implementation of a number of articles of the Housing Law;

Pursuant to the Government’s Decree No. 22/2013/ND-CP of 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/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

The Minister of Justice and the Minister of Natural Resources and Environment promulgate the Joint Circular guiding the registration of mortgage of land use rights and land-attached assets as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular provides guidance on the competence, dossiers and procedures for registration of mortgage of land use rights and land-attached assets.

Article 2. Subjects of application

This Joint Circular applies to:

1. Domestic households, individuals and organizations; overseas Vietnamese; foreign individuals and organizations, and foreign-invested enterprises that request registration of mortgage of land use rights and land-attached assets in accordance with law.

2. Agencies that have competence to register the mortgage of land use rights and land-attached assets.

3. Other organizations and individuals involved in the registration of mortgage of land use rights and land-attached assets.

Article 3. Interpretation of terms

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

1. Land-attached assets include houses, other construction works, perennial plants, and planted production forests.

2. Future land-attached assets include future houses, other future construction works which are under construction and have not been tested for acceptance before use, production forests being future planted forests, and future perennial trees, including:

a/ Future housing construction projects and future houses of housing construction project owners;

b/ Future houses of organizations and individuals that purchase future houses in housing construction projects;

c/ Future houses that are built on lawful parcels of residential land belonging to organizations and individuals;

d/ Other construction projects and construction works;

dd/ Planted production forests, perennial plants which are being formed or have been formed by the mortgagor and the ownership of which is established by the mortgagor after signing the mortgage contract.

3. Registration of mortgage of a future land-attached asset means a competent registration agency’s recording of information concerning the mortgage of a future land-attached asset in the cadastral book or the registration book of mortgage of future land-attached assets and in the written request for mortgage registration.

4. Transition of registration of mortgage of property rights arising from a house purchase and sale contract means a competent agency’s recording of information concerning the transition of registration of the mortgage in the cadastral book, certificate of land use rights and ownership of houses and land-attached assets (below referred to as certificate) and in the written request for transition of registration of mortgage for requests for transition of the registered mortgage of property rights arising from a house purchase and sale contract to registration of mortgage of future house or house in case the mortgage of such property rights has not been deregistered by the time of transition.

Article 4. Cases of registration of mortgage of land use rights and land-attached assets

1. Cases of registration of mortgage of land use rights and land-attached assets include:

a/ Registration of mortgage of land use rights;

b/ Registration of mortgage of land-attached assets;

c/ Registration of mortgage of both land use rights and land-attached assets;

d/ Registration of mortgage of future land-attached assets;

dd/ Registration of mortgage of both land use rights and future land-attached assets;

e/ Registration of change in registered mortgage contents;

g/ Registration of written notice of handling of mortgaged assets in case of registered mortgage;

h/ Deregistration of mortgage.

2. Registration of mortgage specified at Points a, b, c, d and dd, Clause 1 of this Article includes registration of mortgage of assets to secure performance of civil obligations of the mortgagor or others.

Article 5. Agencies competent to register mortgage of land use rights and land-attached assets

Agencies competent to register mortgage of land use rights and land-attached assets include land registration offices and their branches (below referred to as land registration offices).

Article 6. Effective time of registration of mortgage of land use rights and land-attached assets

1. Registration of mortgage of land use rights and land-attached assets specified at Points a, b, c, d, dd, g and h, Clause 1, Article 4 of this Joint Circular takes effect at the time the land registration office records registered contents in the cadastral book.

If the land registration office has not yet used an electronic cadastral book, the registration of mortgage of future land-attached assets, except for the case specified at Point dd, Clause 1, Article 4, takes effect at the time the land registration office records registered contents in the registration book of mortgage of future land-attached assets.

2. The effective time of the registration of mortgage specified at Point e, Clause 1, Article 4 of this Joint Circular shall be determined as follows:

a/ In case of addition of a mortgaged asset being land use rights or a land-attached asset without signing a new mortgage contract, the registration will take effect at the time the land registration office records the change in the registered contents in the cadastral book or registration book of mortgage of future land-attached assets;

b/ In case of registration of a change in registered contents other than the change specified at Point a of this Clause, request for correction of errors due to the fault of the registration officer, and transition of registration of mortgage of property rights arising from a house purchase and sale contract, the effective time of the registration is the time of initial mortgage registration.

Article 7. Modes of submission of dossiers for registration of mortgage of land use rights and land-attached assets

1. Dossiers for registration of mortgage of land use rights and land-attached assets may be submitted by one of the following modes:

a/ In person;

b/ By registered mail;

c/ Via the online registration system.

2. Submission of dossiers for registration of mortgage of land use rights and land-attached assets via the online registration system shall be effected in localities that have operated a land database system and after the Ministry of Justice and the Ministry of Natural Resources and Environment provide written guidance on online registration of transactions secured with land use rights and land-attached assets.

Article 8. Time limits for settlement of dossiers for registration of mortgage of land use rights and land-attached assets

1. The land registration office shall perform registration and notify registration results for the cases of registering mortgage of land use rights and land-attached assets specified in Clause 1, Article 4 of this Joint Circular right on the date of receipt of valid dossiers. For dossiers that are received after 15:00 hours, the registration shall be completed and registration results shall be notified on the subsequent working day.

Even when it is extended, the time limit for settlement of registration dossiers must not exceed 3 working days from the date of receipt of a valid dossier.

2. For dossiers submitted by households and individuals to the People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees), within 3 working days from the date of receipt of a dossier, the commune-level People’s Committee shall forward the dossier to the land registration office.

For dossiers submitted to the Section for receipt of dossiers and notification of results under the single-window system, the time limit for forwarding a dossier to the land registration office shall be decided by the People’s Committee of the province or centrally city (below referred to as provincial-level People’s Committee).

If dossiers are submitted to the commune-level People’s Committee or to the Section for receipt of dossiers and notification of results under the single-window system, the time limit for settlement of a dossier shall be counted from the date the land registration office receives it from the commune-level People’s Committee or the Section.

3. The time limit for settlement of dossiers for mortgage registration prescribed in Clauses 1 and 2 of this Article does not include the time for carrying out procedures for registration of changes in land or land-attached assets and certification of changes in the certificates as prescribed in Clause 2, Article 9, or the time for carrying out the procedures for certification of ownership of land-attached assets in the certificates as prescribed in Article 32 of this Joint Circular.

Article 9. Refusal of registration in case information in registration dossiers is not consistent with the information kept at the registry

1. The land registration office may refuse registration only when detecting that information in the registration dossier is inconsistent with the information kept at the registry in the following cases:

a/ Information about the mortgaged asset being land use rights or a land-attached asset declared in the written request for registration or in the mortgage contract is inconsistent with the information in the granted certificate due to errors in the requester’s declaration;

b/ Information about the mortgagor, including name, address, people’s identity card, citizen identification card or Vietnam People’s Army Officer identity card number or number of another paper proving the legal status declared in the written request or the mortgage contract is inconsistent with the information in the granted certificates due to errors in the requester’s declaration;

c/ Land use rights are not eligible for being mortgaged as prescribed in the Land Law; land-attached assets are not eligible for being mortgaged as prescribed in relevant regulations.

2. If the following information declared in the written request for registration or in the mortgage contract is inconsistent with the information kept at the registry, the requester shall concurrently carry out the procedures for registration of mortgage and procedures for registration of changes in land or land-attached assets or for certification of changes under the regulations of the Ministry of Natural Resources and Environment:

a/ Number sign and area of the land parcel, because of land consolidation and swap, measurement or re-determination of the area and size of the land parcel; name of the administrative unit where the land parcel is situated, because of change under a document issued by a competent agency;

b/ Name, address, people’s identity card, citizen identification card or Vietnam People’s Army Officer identity card number or number of another paper proving the legal status of the mortgagor, because of change under a document issued by a competent agency.

Article 10. Signatures in written requests for registration

1. A written request for registration must bear the signatures and stamps (if any) of both mortgagor and mortgagee or their authorized persons, except for the cases specified in Clauses 2, 3, 4 and 5 of this Article.

2. In case the mortgage contract has been notarized or certified, the written request for registration must bear only the signature and stamp (if any) of either mortgagor or mortgagee or his/her/its authorized person.

3. A written request for registration must bear the signature and stamp (if any) of the mortgagee or person authorized by the mortgagee in case of request for registration of changes in the registered mortgage contents concerning the mortgagee, correction of incorrect information about the mortgagee, request for registration of the written notice of handling of mortgaged assets, or deregistration of mortgage.

4. A written request for registration must bear the signature and stamp (if any) of the mortgagor or person authorized by the mortgagor in case of request for deregistration of mortgage and availability of the mortgagee’s written consent to the deregistration or written certification of mortgage release.

5. A written request must bear the signature of the asset management officer or asset management and liquidation enterprise that manages or liquidates assets of a bankrupt enterprise in case such officer or enterprise is the requester.

Article 11. Principles of registration of mortgage of land use rights and land-attached assets

1. Principles of registration of mortgage of future land-attached assets

a/ If the future house has been mortgaged in the form of property rights arising from the house purchase and sale contract, simultaneous registration of mortgage of the house in such form shall not be accepted. If the future house has been mortgaged in accordance with this Joint Circular, simultaneous registration of mortgage of property rights arising from the house purchase and sale contract shall not be accepted;

b/ If the project owner has mortgaged the housing construction project or future houses and such mortgage has been registered, before selling houses from such project, the project owner shall carry out the procedures for registration of change in the registered mortgage contents (partial withdrawal of mortgaged assets);

c/ Registration of mortgage of future land-attached assets shall be associated with the land parcels where the assets are located;

d/ The land registration office shall register mortgage of future land-attached assets on the principle of recording registered contents based on information declared in the written request for registration. The requester shall be held responsible before law for the legality and accuracy of the information declared and documents and papers included in the registration dossier.

2. For the case of mortgage registration prescribed in Clause 2, Article 4 of this Joint Circular, the land registration office shall only register mortgage of land use rights and land-attached assets for holders of land use rights or owners of land-attached assets; the parties to the mortgage contract shall take responsibility for the fulfillment of civil obligations of the mortgagor or another person in accordance with the civil law.

Article 12. Cases of transition of registration of mortgage and principles of transition of registration of mortgage of property rights arising from house purchase and sale contracts

1. Transition of registration of mortgage of property rights arising from a house purchase and sale contract shall be effected in the following cases:

a/ The requester who has registered the mortgage of property rights arising from a house purchase and sale contract requests transition to the registration of mortgage of a future house;

b/ The requester who has registered the mortgage of property rights arising from a house purchase and sale contract requests transition to the registration of house mortgage because the future house has been formed (tested and accepted for use).

2. The transition of registration of mortgage of property rights arising from a house purchase and sale contract as prescribed at Point b, Clause 1 of this Article shall be effected concurrently with the performance of the procedures for certification of house ownership prescribed in Clause 2, Article 35 of this Joint Circular.

3. If the procedures for transitioning mortgage registration have been completed as prescribed in this Joint Circular, both the mortgagor and mortgagee are not required to sign a new mortgage contract or a contract annex for addition of a mortgaged asset.

Article 13. Papers required for proving eligibility for exemption from the fee for registration of mortgage of land use rights or land-attached assets

1. For individuals and households eligible for exemption from the fee for registration of mortgage of land use rights or land-attached assets under the Government’s Decree No. 55/2015/ND-CP of June 9, 2015, on credit policies for agricultural and rural development, and whose mortgage contracts contain no provisions on borrowing loans for agricultural and rural development, the requester for registration shall submit either of the following papers:

a/ The credit contract containing provisions on the individual or household borrowing loans for an activity serving agricultural and rural development;

b/ The written certification (bearing the signature and stamp) by a credit institution that the individual or household borrows loans for an activity serving agricultural and rural development.

2. In case of registration of change in the registered mortgage content, registration of the written notice of handling of mortgaged asset, or deregistration of mortgage with one of the papers specified in Clause 1 of this Article included in the registration dossier, the requester for registration is not required to submit the above-mentioned papers.

Article 14. Registration fee and cases eligible for exemption from the registration fee and fee for error correction

1. The rates of the fee for registration of mortgage of land use rights or land-attached assets, and collection, payment, management and use of such fee must comply with the law on charges and fees.

2. For requesters for registration eligible for exemption from the registration fee, upon registration of change in the registered mortgage contents, registration of the written notice of handling of mortgaged asset, or deregistration of mortgage, the land registration office shall check the papers proving their eligibility for exemption from the registration fee against the filed mortgage registration records in order to decide on non-collection of the fee.

3. In case of correction of errors made by the registration officer as prescribed in Articles 27 and 34 of this Joint Circular, the requester for registration does not have to pay any fee for such correction.

Article 15. Originals and copies of papers in a mortgage registration dossier

1. The requester for registration shall include 1 original of each of the following papers in the mortgage registration dossier:

a/ Written request for mortgage registration, deregistration of mortgage, or transition of mortgage registration;

b/ Mortgage contract or notarized or certified one as prescribed by law; contract, contract annex or notarized or certified one as prescribed by law, or another document on the parties’ agreement to change the registered mortgage content;

c/ Certificate;

d/ Land allocation or lease decision;

dd/ Credit contract containing provisions on the individual’s or household’s borrowing loans for an activity serving agricultural and rural development or written certification (bearing the signature and stamp) by a credit institution that the individual or household borrows loans for an activity serving agricultural and rural development;

e/ Written request containing the registry’s certification if the certification of the registered content contains errors or the written request lacks the registry’s written certification;

g/ Certificate in case the mortgage registration dossier comprises such certificate and the registered mortgage content of such certificate contains errors.

2. The requester for registration shall include 1 original or 1 copy accompanied by the original for comparison of each of the following papers in the mortgage registration dossier:

a/ Notarized or certified copy of the document proving the agreement between the land user and asset owner on the use of land for creation of the land-attached asset;

b/ Construction permit in case this permit is required by law or investment project approval decision in case the formulation of an investment project is required by law;

c/ The house purchase and sale contract signed between the mortgagor and project owner;

d/ Document on the transfer of the house purchase and sale contract;

dd/ Document regarding the change in the registered mortgage content issued by a competent agency;

e/ Written notice of handling of the mortgaged asset;

g/ The mortgagee’s written consent to deregistration of mortgage in case the written request does not bear the signature of the mortgagee;

h/ Document providing information about the mortgage of property rights arising from a house purchase and sale contract or certificate of registration of secured transaction, contract, written notice of distraint of property for judgment enforcement or certificate of registration of change in the registered mortgage content issued by the Center for Registration of Transactions and Properties under the Ministry of Justice’s National Registration Agency for Secured Transactions. 

i/ Power of attorney in case the requester for mortgage registration is an authorized person.

3. The requester for registration shall include 1 copy of each of the following papers in the mortgage registration dossier:

a/ Drawing of the project’s general ground plan (on a 1:500 scale) approved by a competent agency and design drawing representing the ground plans of the project’s works approved by a competent agency in case of mortgage of future land-attached assets being housing construction investment projects, construction projects or other construction works;

b/ List of registered mortgage contracts.

Article 16. Forms of registration of mortgage of land use rights and land-attached assets

Enclosed with this Joint Circular are the forms of registration of mortgage of land use rights and land-attached assets below:

1. Form No. 01/DKTC: Written request for registration of mortgage of land use rights and land-attached assets;

2. Form No. 02/DKTD-SCSS: Written request for registration of change or error correction;

3. Form No. 03/XDK: Written request for deregistration of mortgage;

4. Form No. 04/DKVB: Written request for registration of written notice of handling of mortgaged asset;

5. Form No. 05/CTDK: Written request for transition of mortgage registration;

6. Form  No. 06/BSCB: Additional page on parties to the mortgage contract;

7. Form No. 07/BSTS: Additional page on mortgaged asset;

8. Form No. 08/DMHDTC: List of registered mortgage contracts;

9. Form No. 09/SDKTC: Registration book of mortgage of future land-attached assets.

Article 17. Responsibilities of agencies, organizations and individuals for registration of mortgage of land use rights and land-attached assets

1. The requester for registration shall declare, and take responsibility before law for the adequacy, lawfulness, truthfulness and accuracy of, the information in the registration dossier.

2. The land registration office shall ensure the registered mortgage content is consistent with the information in the filed cadastral records; may not request modification of the mortgage contract, except for errors specified in Clause 1, Article 9 of this Joint Circular.

3. The provincial-level Justice Department, in addition to its tasks and powers prescribed in Clause 5, Article 46 of the Government’s Decree No. 83/2010/ND-CP of July 23, 2010, on registration of secured transactions (below referred to as Decree No. 83/2010/ND-CP) shall assume the prime responsibility for, and coordinate with the provincial-level Departments of Natural Resources and Environment, Finance, and Home Affairs and other relevant departments and sectors in, performing the following tasks:

a/ Advising the provincial-level People’s Committee on arranging sufficient staff and funds for performing the state management of registration of secured transactions in their locality; providing adequate facilities and encouraging application of information technology to mortgage registration and provision of information about mortgage of land use rights and land-attached assets;

b/ Performing regular or irregular inspections of the land registration offices in the locality regarding their mortgage registration and provision of information about mortgage of land use rights and land-attached assets;

c/ Reviewing and submitting to the provincial-level People’s Committee for promulgation the Regulation on coordination in state management of registration of secured transactions in the locality; the processes of registering mortgage and providing information about mortgage of land use rights and land-attached assets in conformity with this Joint Circular’s provisions on dossiers and procedures and with other relevant legal documents;

d/ Instructing and directing the land registration offices, notary organizations and other agencies, organizations and individuals to strictly and fully comply with regulations on registration of secured transactions;

dd/ Taking measures to encourage organizations and individuals to proactively look up information about secured transactions and to promote sharing of information about legal status of security assets in the locality.

Article 18. Reports and statistics on registration of mortgage of land use rights and land-attached assets

1. Land registration offices shall make reports and statistics on the registration of mortgage of land use rights and land-attached assets on a biannual and annual basis and send them to provincial-level Justice Departments for summarization and reporting to provincial-level People’s Committees.

2. Provincial-level People’s Committees shall make reports and statistics on the registration of mortgage of land use rights and land-attached assets in their provinces on a biannual and annual basis and send them to the Ministry of Justice (the National Registration Agency for Secured Transactions as the  focal point) and to the Ministry of Natural Resources and Environment (the General Department of Land Administration as the focal point). The Ministry of Justice shall summarize these reports for reporting to the Government.

3. Time limits for regular and irregular submission of reports and statistics shall be set by the Ministry of Justice.

Chapter II

REGISTRATION OF MORTGAGE OF LAND USE RIGHTS AND
LAND-ATTACHED ASSETS

Section 1

REGISTRATION DOSSIER

Article 19. Registration of mortgage of land use rights, registration of mortgage of both land use rights and land-attached assets

A requester for registration shall submit one (1) set of mortgage registration dossier comprising:

1. A written request for mortgage registration, made according to Form No. 01/DKTC.

2. The mortgage contract or a notarized or certified one as required by law.

3. The certificate;

4. Papers as proof in the following cases:

a/ Power of attorney, in case the requester is an authorized person;

b/ A paper proving the requester’s eligibility for exemption from the fee for registration of mortgage of land use rights and land-attached assets as prescribed in Clause 1, Article 13 of this Joint Circular, if asking for exemption from the fee.

Article 20. Registration of mortgage of land-attached assets

1. In case of mortgage of a land-attached asset of which ownership has been certified on the certificate and the owner is also the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising the papers prescribed in Article 19 of this Joint Circular.

2. In case of mortgage of a land-attached asset of which ownership has been certified on the certificate and the owner is not the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Clauses 1, 2 and 4, Article 19 of this Joint Circular;

b/ The certificate granted to the owner of the land-attached asset.

Article 21. Registration of mortgage of land-attached assets which have been formed but the ownership thereof has not yet been certified on certificates

1. In case of mortgage of a land-attached asset which has been formed but the ownership of which has not been certified on the certificate and the owner of which is also the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Article 19 of this Joint Circular;

b/ A dossier of request for certification of ownership of land-attached asset as prescribed by the Land Law.

2. In case of mortgage of a land-attached asset which has been formed but the ownership of which has not been certified on the certificate and the owner of which is not the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Clauses 1, 2 and 4, Article 19 of this Joint Circular;

b/ A dossier of request for certification of ownership of land-attached asset as prescribed by the land law.

Article 22. Registration of mortgage of both land use rights and future land-attached assets other than houses; registration of mortgage of future land-attached assets other than houses

Dossiers for registration of mortgage of both land use rights and future land-attached assets other than houses or registration of mortgage of future land-attached assets other than houses outside the cases specified in Article 21 of this Joint Circular are prescribed as follows:

1. In case of registration of mortgage of both land use rights and future land-attached assets, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Article 19 of this Joint Circular;

b/ Construction permit in case this permit is required by law or investment project approval decision in case the formulation of an investment project is required by law, unless the mortgage contract has been notarized or certified;

c/ Drawing of the project’s general ground plan on a 1:500 scale approved by a competent agency and design drawing representing the ground plans of the project’s works approved by a competent agency in case the mortgaged future land-attached asset is a construction project; drawing of the project’s general ground plan (on a 1:500 scale) approved by a competent agency and design drawing representing the ground plans of the project’s works approved by a competent agency in case the mortgaged future land-attached asset is another construction work.

2. In case of mortgage of a future land-attached asset the owner of which is also the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Article 19 of this Joint Circular;

b/ The papers specified at Points b and c, Clause 1 of this Article.

3. In case of mortgage of a future land-attached asset the owner of which is not the land user, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Clauses 1, 2 and 4, Article 19 of this Joint Circular;

b/ The papers specified at Points b and c, Clause 1 of this Article;

c/ Notarized or certified document proving the agreement between the land user and asset owner on the use of land for creation of the land-attached asset.

Article 23. Registration of mortgage of housing construction projects or future houses

Dossiers for registration of mortgage of housing construction projects or future houses under the housing law are prescribed as follows:

1. In case of registration of mortgage of a housing construction project or future house by the project owner, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Clauses 1, 2 and 4, Article 19 of this Joint Circular;

b/ The certificate or land allocation or lease decision issued to the project owner by a competent agency;

c/ Construction permit in case this permit is required by law or investment project approval decision in case the formulation of an investment project is required by law, unless the mortgage contract has been notarized or certified;

d/ Drawing of the project’s general ground plan on a 1:500 scale approved by a competent agency and design drawing representing the ground plans of the project’s works approved by a competent agency in case the mortgaged future land-attached asset is a housing construction project; drawing of the project’s general ground plan (on a 1:500 scale) approved by a competent agency and design drawing representing the ground plan of the apartment approved by a competent agency in case the mortgaged future land-attached asset is a future house.

2. In case of registration of mortgage of a future house by an organization or individual that purchases the future house in a housing construction project, the requester for registration shall submit one (1) set of mortgage registration dossier comprising:

a/ The papers specified in Clauses 1, 2 and 4, Article 19 of this Joint Circular;

b/ The house purchase and sale contract signed by the mortgagor and project owner in accordance with the housing law.

If the mortgagor is the transferee of the house purchase and sale contract, the document on the transfer of the contract as prescribed by the housing law shall be also submitted.

3. In case of registration of mortgage of a future house built on a parcel of land belonging to an organization or individual, the requester shall submit a set of mortgage registration dossier comprising:

a/ The papers specified in Article 19 of this Joint Circular;

b/ Construction permit in case this permit is required by law, unless the mortgage contract has been notarized or certified.

Article 24. Registration of change in registered mortgage content

1. Grounds for registration of change in the registered mortgage content include:

a/ Withdrawal, addition or replacement of mortgagor or mortgagee as agreed by the mortgagor or mortgagee;

b/ Change in name or type of enterprise of the mortgagor or mortgagee under a competent agency’s document;

c/ Partial withdrawal of mortgaged asset being land use rights or land-attached asset, including also partial withdrawal of mortgaged asset being future house as prescribed at Point b, Clause 1, Article 11 of this Joint Circular;

d/ Addition of mortgaged asset being land use rights or land-attached asset in case the parties do not sign a new mortgage contract;

dd/ When the mortgaged asset being a future land-attached asset (including also future house) has been formed and the mortgagor has completed procedures for certification of ownership thereof in the certificate;

e/ Request for correction of errors in the information declared in the written request;

g/ Registration of a change other than those prescribed at Points a, b, c, d, dd and e of this Clause if so requested by the parties;

2. The requester for registration shall submit one (1) set of dossier for registration of change in the registered mortgage content comprising:

a/ A written request for registration of change or error correction, made according to Form 02/DKTD-SCSS;

b/ Contract or contract annex or another document (i.e., contract on the transfer of the right to claim, debt purchase and sale contract), for the cases specified at Points a, c and d, Clause 1 of this Article in which the parties have agreed on partial withdrawal or addition of mortgaged asset; withdrawal, addition or replacement of mortgagor or mortgagee;

c/ Document issued by a competent agency concerning change in name or type of enterprise of the mortgagor or mortgagee, for the case specified at Point b, Clause 1 of this Article;

d/ The certificate, in case the certificate is included in the registration dossier;

dd/ The paper specified at Point a, Clause 4, Article 19 of this Joint Circular.

3. In case the mortgagee wishes to register change in enterprise type in several registered contracts on mortgage of land use rights or land-attached assets, only one set of dossier for registration of the change in all the contracts shall be submitted. The dossier must comprise:

a/ A written request for registration of change or error correction, made according to Form No. 02/DKTD-SCSS;

b/ The document issued by a competent agency concerning the change in enterprise type;

c/ A list of registered mortgage contracts, made according to Form No. 08/DMHDTC;

d/ The certificate, in case the certificate is included in the mortgage registration dossier;

dd/ The papers specified at Point a, Clause 4, Article 19 of this Joint Circular.

4. In case of registration of change in name of the mortgagee outside the case specified in Clause 3 of this Article or of change of the mortgagee in several registered contracts on mortgage of land use rights or land-attached assets, only one (1) set of dossier for registration of the change in all the contracts shall be submitted. The dossier must comprise:

a/ A written request for registration of change or error correction, made according to Form No. 02/DKTD-SCSS;

b/ The contract or contract annex or another document (i.e. contract on transfer of the right to claim, contract on purchase and sale of debts) the parties to which have agreed on change of the mortgagee;

c/ The document issued by a competent agency concerning change in the name or the mortgagee;

d/ A list of registered mortgage contracts, made according to Form No. 08/DMHDTC;

dd/ The certificate, in case the certificate is included in the mortgage registration dossier;

e/ The papers specified at Point a, Clause 4, Article 19 of this Joint Circular.

5. In case of registration of change when the land user or owner of the land-attached asset that is the mortgagor is allowed by a competent state agency to change her/his/its name in the issued certificate, the requester for registration shall submit one (1) set of dossier of request for registration of change as prescribed in Clause 2 of this Article and one (1) set of dossier of request for certification of change of name in the certificate under regulations on the Ministry of Natural Resources and Environment.

The land registration office shall certify the change in the mortgagor’s name in the certificate and the cadastral records before carrying out the procedures for registration of change in mortgage content.

6. In case the land user has mortgaged several parcels of land under a single mortgage contract and has already registered the mortgage, and the involved parties wish to register partial withdrawal of mortgaged assets (i.e., withdrawal of two mortgaged parcels of land) at the same time with addition of mortgaged assets (i.e., addition of two other parcels of land), the requester for registration shall submit one (1) set of dossier of request for registration of change as prescribed at Points a, b and d, Clause 2 of this Article.

7. For registered contracts on mortgage of land use rights or land-attached assets, in case of change in residence address or people’s identity card, citizen’s identity card or Vietnam People’s Army Officer identity card number of the mortgagor compared to that recorded in the certificate or in the information about the mortgaged parcel of land due to land consolidation, swap, measurement or re-determination of the area and size of land, the involved parties are not required to carry out the procedures for registration of change as prescribed in this Joint Circular but shall carry out the procedures for renewal of the certificate as prescribed in Articles 76 and 78 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law (below referred to as Decree No. 43/2014/ND-CP) with regard to cases of renewal of certificates, or carry out the procedures for certification of change in the certificates under regulations of the Ministry of Natural Resources and Environment.

8. Registration of change in land-attached assets that are future assets which have been formed as prescribed at Point dd, Clause 1 of this Article shall be made simultaneously with carrying out the procedures for certification of ownership of land-attached assets in the certificates. The requester for registration shall submit a written request for registration of change or error correction, made according to Form 02/DKTD-SCSS, together with one (1) set of dossier of request for certification of ownership of property under regulations of the Ministry of Natural Resources and Environment for the land registration office to carry out the procedures for certification of ownership of land-attached assets in accordance with the land law.

9. For registration of change as prescribed at Point b, Clause 1, Article 11 of this Joint Circular, the written request for registration of change or error correction must provide detailed information concerning partially withdrawn assets, including addresses and area of apartments, floor numbers, name of the building belonging to the project (name of project), and address of the project. In case many apartments in a housing construction project are withdrawn, the parties shall make a list of these apartments together with the above-mentioned detailed information about the apartments.

10. In case of registration of change in registered mortgage content as prescribed in Clause 1 of this Article, the requester for registration is not required to request the deregistration of mortgage of land use rights or land-attached assets before registering the change.

Article 25. Registration of written notices of handling of mortgaged assets in case of registered mortgage

The requester for registration of the written notice of handling of mortgaged asset in case of registered mortgage shall submit one (1) set of dossier comprising:

1. A written request for registration of the written notice of handling of mortgaged asset, made according to Form No. 04/DKVB;

2. The written notice of handling of mortgaged asset;

3. The paper specified at Point a, Clause 4, Article 19 of this Joint Circular.

Article 26. Deregistration of mortgage

The requester for registration shall submit one (1) set of dossier for deregistration of mortgage comprising:

1. A written request for deregistration of mortgage, made according to Form No. 03/XDK;

2. The mortgagee’s written consent to deregistration of mortgage, in case the written request does not bear the signature of the mortgagee;

3. The certificate, in case the certificate is included in the mortgage registration dossier;

4. The paper specified at Point a, Clause 4, Article 19 of this Joint Circular.

Article 27. Correction of errors in registered mortgage contents due to the fault of registration officers

1. Upon finding that the registered mortgage content is inaccurate, inadequate or no certification is given on the written request for registration or on the certificate, the requester for registration shall submit one (1) set of dossier for error correction to the land registration office which has performed the registration.

2. A dossier of request for error correction must comprise:

a/ A written request for change or error correction, made according to Form No. 02/DKTD-SCSS;

b/ The written request for registration containing the registry’s certification if the written certification of the registered content contains errors or the written request for registration lacks the registry’s certification;

c/ The certificate, in case such certificate is included in the mortgage registration dossier and the registered mortgage content in the certificate contains errors;

d/ The paper specified at Point a, Clause 4, Article 19 of this Joint Circular.

Article 28. Dossiers for transition of registration of mortgage of property rights arising from house purchase and sale contracts

In case of transition of mortgage registration prescribed in Clause 1, Article 12 of this Joint Circular, the requester for registration shall submit one (1) set of dossier comprising:

1. A written request for transition of mortgage registration, made according to Form No. 05/CTDK.

2. Document providing information about the mortgage of property rights arising from a house purchase and sale contract or the certificate of registration of secured transaction, contract, written notice of distraint of property for judgment enforcement or certificate of registration of change in the registered mortgage content issued by the Center for Registration of Transactions and Properties under the Ministry of Justice’s National Registration Agency for Secured Transactions.

3. The paper specified at Point a, Clause 4, Article 19 of this Joint Circular.

4. A dossier of request for certification of house ownership as prescribed by the land and housing laws, in case of transition from registration of mortgage of property rights arising from the house purchase and sale contract to mortgage of future house as such house has been formed (already tested and accepted for use).

Section 2

REGISTRATION PROCEDURES

Article 29. Submission of registration dossiers

The requester for registration shall submit his/her/its mortgage registration dossier to one of the following agencies or units:

1. Land registration office;

2. People’s Committee of the commune where the land is situated, in case the requester for registration is a household or an individual wishing to submit his/her/its dossier directly to the commune-level People’s Committee;

3. The Section for dossier receipt and result notification under the single-window system in the locality where such Section has been formed under the Government’s regulations.

Article 30. Receipt of registration dossiers

1. For a mortgage registration dossier directly submitted, the dossier-receiving officer shall check the validity of the dossier, then:

a/ If the dossier is invalid, he/she shall refuse to receive it and instruct the requester to complete the dossier or issue a slip of instructions for dossier completion in accordance with law;

b/ If the dossier is valid, he/she shall issue a slip of dossier receipt and appointment for notification of results with the following information: date of dossier receipt; time limit for processing of the dossier; date of notification of the result; name and signature of the officer receiving the dossier;

c/ He/she shall record the receipt in the book of receipt of dossiers, notification of registration results and grant of certificates under regulations of the Ministry of Natural Resources and Environment (below referred to as the dossier receipt and result notification book).

2. For a mortgage registration dossier submitted by post, upon receiving the dossier, the officer shall check its validity, then:

a/ If the dossier is invalid, right on the date of receiving it, he/she shall make a slip of refusal of registration with the following information: Papers in the dossier received; reason for refusal; and instructions for dossier completion. Such slip shall be returned together with the registration dossier via registered mail;

b/ If the dossier is valid, he/she shall record its receipt in the dossier receipt and result notification book.

Article 31. Sequence of registration of mortgage, change, written notice and deregistration of mortgage

1. Upon receiving a dossier of request for registration, the land registration office shall check it.

2. If having grounds for refusal of registration as prescribed in Clause 1, Article 11 of Decree No. 83/2010/ND-CP and Clause 1, Article 9 of this Joint Circular, the land registration office shall issue a written refusal and send it together with the registration dossier to the dossier receipt section for returning them to and instructing the requester how to comply with regulations.

3. If having no ground for refusal of registration of mortgage, change or deregistration of mortgage, within the time limit prescribed in Article 8 of this Joint Circular, the land registration office shall:

a/ Write information about such registration or deregistration and the date of registration or deregistration according to the sequential order of receiving dossiers in the cadastral book and the certificate under regulations of the Ministry of Natural Resources and Environment.

In case of registering change in a future land-attached asset which has been formed and request for certification of the ownership of the asset in the certificate, the following information shall be written in the cadastral book and the certificate: “The land-attached asset has been formed with its ownership certified on the certificate and continues to be mortgaged (specify name of the asset) at (specify name of the mortgagee)”;

b/ Write the content of registration and time of registration (hour, minute, day, month, year) in the Section “Certification by the registry” on the written request for registration after they are recorded in the cadastral book and certificate.

4. In case of registering a written notice of handling of mortgaged asset, write “Registration of written notice of handling of mortgaged asset” in the cadastral book and the content of registration and time of registration (hour, minute, day, month, year) in the Section “Certification by the registry” on the written request for registration and issue a written notice of handling of mortgaged asset to all of the registered mortgagees in case the land use rights are or land-attached asset is used to secure several obligations.

Article 32. Sequence of registration of mortgage of land-attached assets which have been formed but not yet certified on the certificates

1. Upon receiving a valid dossier, if the asset is eligible for certification of ownership in accordance with the land law, the land registration office shall:

a/ Carry out the procedures for certification of ownership of the land-attached asset on the certificate in accordance with the land law or prepare a dossier for submission to the natural resources and environment agency for signing and issuance of a certificate for the case subject to issuance of the certificate;

b/ After the certification has been recorded on the certificate or the certificate has been signed and issued under Point a of this Clause, write the content and time of registration as prescribed in Clause 3, Article 31 of this Joint Circular and notify the result.

2. If the asset is ineligible for certification of ownership in accordance with the land law, the land registration office shall refuse to register the mortgage and shall issue a written notice to the requester for registration without having to pay any compensation for damage under Article 49 of Decree No. 83/2010/ND-CP.

3. In case land use rights have been mortgaged before the ownership of the land-attached asset is certified on the certificate, the requester for registration is not required to request the deregistration of mortgage of land use rights when carrying out the procedures for certification of the ownership of the asset on the issued certificate.

Article 33. Sequence of mortgage registration in case of addition of secured obligations

1. In case of addition of a secured obligation with a new mortgage contract being signed independently from the previously signed mortgage contract, the requester for registration shall carry out the procedures for registration of the new mortgage without deregistration of the previous mortgage.

2. In case of addition of a secured obligation with a new mortgage contract in replacement of the registered one, the requester for registration shall submit one (1) set of dossier for deregistration of mortgage and one (1) set of dossier for registration of new mortgage in order to concurrently carry out the procedures for deregistration of the previous mortgage and registration of the new mortgage.

3. The parties are not required to request registration of change in case of addition of a secured obligation if fully meeting the following conditions:

a/ The registered mortgage contract contains provisions on the mortgage of the asset to secure possible future obligations;

b/ A secured obligation is added without any new mortgaged asset;

c/ The parties sign only a contract or a contract annex to amend or supplement the registered mortgage contract, not a new mortgage contract.

Article 34. Sequence of correction of errors in mortgage registration due to the fault of registration officers

1. Upon detecting any error in the information recorded in the cadastral book, certificate,  written request or registration book of mortgage of future land-attached assets due to his/her fault, the registration officer shall promptly report it to the director of the land registration office for consideration and decision on correction of such error in the above-said book and papers, and send a written notice of such correction to the requester for registration to the address indicated in the written request.

2. Upon receiving a request for correction of errors from the requester, within the time limit specified in Article 8 of this Joint Circular, the land registration office shall:

a/ Correct the errors in the registration content in the certificate and the cadastral book, if the errors are found in the certificate;

b/ Give certification in the written request for registration of change or error correction;

c/ Issue a document on the correction of errors in the registration content in the written request for registration, if the errors are found in the written request.

Article 35. Sequence of and procedures for transition of registration of mortgage of property rights arising from house purchase and sale contracts

1. In case of transitioning registration of mortgage of property rights arising from a house purchase and sale contract to registration of mortgage of a future house, the land registration office shall:

a/ Write “Transition of registration of mortgage of property rights arising from the house purchase and sale contract to registration of mortgage of the future house”, and the time of registration in the cadastral book and written request for transition. The time of mortgage registration in this case is the time of the initial mortgage registration declared in Section 5 of the written request for transition of mortgage registration;

b/ Make and file a copy of the written request for transition of mortgage registration containing the information prescribed at Point a of this Clause;

c/ Send a copy of the written request for transition of mortgage registration containing the information prescribed at Point a of this Clause to the Center for Registration of Transactions and Properties for deregistration of mortgage of property rights arising from the house purchase and sale contract;

d/ Return the written request for transition of mortgage registration containing the information prescribed at Point a of this Clause to the requester.

2. In case of transitioning registration of mortgage of property rights arising from a house purchase and sale contract to registration of mortgage of a future house which has been formed (already tested and accepted for use), the land registration office shall:

a/ Carry out the procedures for certification of ownership of the house and issue a certificate to the owner of the house in accordance with the land and housing laws;

b/ Write “Transition of registration of mortgage of property rights arising from the house purchase and sale contract to registration of mortgage of the house”, and time of registration in the cadastral book, the issued certificate and written request for transition of mortgage registration. The time of mortgage registration in this case is the time of the initial mortgage registration declared in Section 5 of the written request for transition of mortgage registration;

c/ Make and file a copy of the written request for transition of mortgage registration containing the information prescribed at Point b of this Clause;

d/ Send a copy of the written request for transition of mortgage registration containing the information prescribed at Point b of this Clause to the Center for Registration of Transactions and Properties for deregistration of mortgage of property rights arising from the house purchase and sale contract;

dd/ Hand over the certificate and return the written request for transition of mortgage registration containing the information prescribed at Point b of this Clause to the requester.

Article 36. Exchange of information concerning transition of mortgage registration of property rights arising from house purchase and sale contracts between land registration offices and the Center for Registration of Transactions and Properties

1. At least one working day before handing over the certificate to the requester for registration, the land registration office shall send a copy of the certified written request for transition of mortgage registration by post, fax or email to the Center for Registration of Transactions and Properties that has granted the certificate of registration of secured transaction, contract or notice of distraint of property for judgment enforcement.

2. Right on the date of receipt of a written request for transition of mortgage registration from the land registration office as prescribed at Point c, Clause 1, and Point d, Clause 2, Article 35 of this Joint Circular or no later than the subsequent working day, the Center for Registration of Transactions and Properties shall deregister mortgage of property rights arising from the house purchase and sale contract in accordance with law and send a written notice of the deregistration by post, fax or email to the land registration office for filing.

Article 37. Notification of registration results

1. The land registration office shall return the originals of the following papers to the requester for registration:

a/ Written request for mortgage registration containing the certification of the land registration office;

b/ Written request for transition of mortgage registration containing the certification of the land registration office;

c/ Certificate containing information concerning mortgage registration, registration of change, deregistration of mortgage or correction of errors;

d/ Written notice of correction of errors in registration content in the cadastral book detected by the registration officer or written correction of such errors and the written request for registration containing errors already certified by the registry in case such errors are detected by the requester for registration.

2. The land registration office shall notify the registration result to the requester for registration directly at the land registration office or through the Section for dossier receipt and result notification under the single-window system, or at the commune-level People’s Committee or by registered mail at the request of the requester for registration.

In case the requester for registration and the land registration office reach agreement on another way of result notification, the result notification shall be made in such way.

3. If the requester for registration submits the dossier to and wishes to receive the registration result at the commune-level People’s Committee, within 3 working days from the date of completion of the registration, the land registration office shall send the registration result to the commune-level People’s Committee for handover to the requester.

Article 38. Filing of registration records

1. Mortgage registration records to be filed include:

a/ One original of each of the following papers: mortgage contract; paper proving eligibility for exemption from the fee for registration of secured transaction, if any;

b/ One original or one copy of each of the following papers: document proving the agreement between the land user and owner of the asset on the use of land for creation of land-attached asset in case of registration of a future land-attached asset the owner of which is not the land user; construction permit or investment project approval decision in case of mortgage of both land use rights and future land-attached asset or mortgage of future land-attached assets; house purchase and sale contract signed by the mortgagor and project owner; document on the transfer of the house purchase and sale contract (if any); power of attorney in case the requester for registration is an authorized person;

c/ One copy of each of the following papers: written request containing the registry’s certification; certificate containing the certification of mortgage registration; land allocation or lease decision in case the project owner mortgages a future housing construction project or future houses; drawing of the project’s general ground plan on a 1:500 scale approved by a competent agency and design drawing representing the ground plans of the project’s works approved by a competent agency in case of mortgage of future land-attached assets being housing construction projects, construction projects or other construction works.

2. Change registration records to be filed include:

a/ One original of the contract or contract annex on the change or of another document proving the change;

b/ One original or one copy of the power of attorney in case the requester for registration is an authorized person;

c/ One copy of each of the following papers: written request for registration of change or correction of errors containing the registry’s certification; certificate containing the certification of change in registration content in case the change in registration content has been recorded on the certificate; list of registered mortgage contracts.

3. Records of deregistration of mortgage to be filed include:

a/ One original or one copy of the mortgagee’s written consent to deregistration of mortgage in case the requester for deregistration of mortgage is the mortgagor; power of attorney in case the requester for registration is an authorized person;

b/ One copy of the written request for deregistration containing the registry’s certification and the certificate containing the certification of deregistration of mortgage.

4. Records of registration of written notice of handling of mortgaged asset to be filed include:

a/ One original or one copy of the written notice of handling of mortgaged asset; power of attorney in case the requester is an authorized person;

b/ One copy of the written request for registration of written notice of handling of mortgaged asset containing the registry’s certification.

5. Records of correction of errors to be filed include:

a/ One original or one copy of the power of attorney in case the requester is the authorized person;

b/ One copy of the written request for registration of change or error correction containing the registry’s certification; certificate containing errors; written request for registration containing errors; written notice of correction of errors in registration content in case the registration officer detects by himself/herself errors in the cadastral book made due to his/her fault or written correction of errors in registration content in case the requester for registration detects such errors.

6. Records of transition of registration of mortgage of property rights arising from house purchase and sale contracts to be filed include:

a/ One original of the written notice of deregistration of mortgage of property rights arising from house purchase and sale contracts sent by the Center for Registration of Transactions and Properties in case of transition of registration of mortgage of property rights arising from house purchase and sale contracts;

b/ One original or one copy of the power of attorney in case the requester for registration is an authorized person;

c/ One copy of each of the following papers: written request for transition of registration of mortgage containing the registry’s certification; document providing information on the mortgage of property rights arising from house purchase and sale contract issued by the Center for Registration of Transactions and Properties or certificate of registration of secured transaction, contract or written notice of distraint of property for judgment enforcement issued by the Center for Registration of Transactions and Properties or certificate of registration of change in registered mortgage content, if any.

Chapter III

IMPLEMENTATION PROVISIONS

Article 39. Effect

1. This Joint Circular takes effect on August 8, 2016.

2. This Joint Circular replaces Joint Circular No. 20/2011/TTLT-BTP-BTNMT of November 18, 2011, of the Ministry of Justice and the Ministry of Natural Resources and Environment, guiding the registration of mortgage of land use rights and land-attached assets.

3. Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT of April 25, 2014, of the State Bank of Vietnam, the Ministry of Construction, the Ministry of Justice and the Ministry of Natural Resources and Environment, guiding procedures for mortgage of future houses prescribed in Clause 2, 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 Joint Circular No. 01/2014/TTLT-HNNN-BXD-BTP-BTNMT) is hereby annulled.

Article 40. Transitional provisions

1. For localities where no land registration office has been established yet, the competence to register mortgage of land use rights and land-attached assets shall be determined as follows:

a/ The land use rights registration office under the provincial-level Department of Natural Resources and Environment shall register the mortgage of land use rights and land-attached assets for domestic organizations, overseas Vietnamese implementing investment projects, foreign organizations and individuals or foreign-invested enterprises;

b/ The land use rights registration office of the district-level Division of Natural Resources and Environment of the locality where land and land-attached assets are situated or such Division of the locality where no land use rights registration office has been established yet shall register the mortgage of land use rights and land-attached assets for domestic households and individuals, overseas Vietnamese eligible to own houses associated with land use rights in Vietnam and acquire residential land use rights in housing development projects.

2. In case the requester that has registered land use rights or land-attached assets and submitted a mortgage registration dossier comprising a land use rights certificate which was granted in accordance with the land law; certificate of ownership of house and residential land use rights; certificate of ownership of house, certificate of ownership of house and residential land use rights, or certificate of ownership of construction work granted in accordance with the housing law or construction law, now wishes to have such certificate converted into the certificate of land use rights and ownership of houses and other land-attached assets in accordance with the 2013 Land Law, he/she/it is not required to request deregistration of mortgage. After completing procedures for conversion into the certificate of land use rights and ownership of house and other land-attached assets in accordance with law, the land registration office shall record on the new certificate the mortgage registration content in the old certificate.

3. In case the requester that has registered the mortgage of land use rights or land-attached assets and submitted a mortgage registration dossier containing the certificate as prescribed in Clause 2 of this Article wishes to convert such certificate into the certificate in accordance with the 2013 Land Law, the parties to the mortgage contract are not required to request registration of change in the content about the certificate in the registered mortgage contract.

4. For a land registration office that has not used the electronic cadastral book, it shall use the registration book of mortgage of future land-attached assets to register the mortgage of future land-attached assets, except for registration of mortgage of both land use rights and future land-attached assets.

5. In case the requester that has registered the mortgage of a future house under Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT wishes to request registration of change in the registered mortgage content, registration of written notice of handling of mortgaged asset, deregistration of mortgage or correction of errors made due to the fault of the registry, he/she/it shall carry out procedures for registration in accordance with this Joint Circular.

In case the requester has registered the mortgage of property rights arising from a house purchase and sale contract but has not yet transitioned registration of the mortgage under Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT, he/she/it shall perform such transition in accordance with this Joint Circular.

In case the requester has registered the mortgage of a future house under Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT, but has not yet transitioned to mortgage of house, he/she/it shall request registration of change in accordance with this Joint Circular.

6. In case the project owner carries out procedures for grant of the certificate to the buyer of the asset or the buyer of the asset carries out such procedures, the land registration office shall look for information about mortgage registration, if such asset has been mortgaged in the form of future asset but the mortgagor or mortgagee files no written request for registration of change and has not yet requested deregistration of mortgage of future land-attached asset, after granting the certificate, the land registration office shall write: “The land-attached asset has been formed with its ownership certified on the certificate and continues to be mortgaged (specifying name of asset) at (specifying name of mortgagee)” in the cadastral book and the granted certificate.

7. For requesters that have registered mortgage of property rights arising from contracts on purchase and sale of land-attached assets other than houses, if they request transition to registration of mortgage of land-attached assets because these assets have been formed, tested and accepted and the ownership of which has been certified, these requesters shall carry out procedures for transition of registration like those for transition of registration or mortgage of property rights arising from house purchase and sale contracts.  

Article 41. Implementation responsibility

1. Provincial-level People’s Committees shall organize, and direct provincial-level Departments of Justice and Natural Resources and Environment and relevant departments and sectors in their localities in, the implementation of this Circular.

2. Provincial-level Departments of Natural Resources and Environment shall direct the land registration offices to send to the provincial-level Departments of Natural Resources and Environment for posting on the Departments’ websites information on the project owners having mortgaged housing construction projects or future houses after the land registration offices have registered mortgage of housing construction projects or future houses for the project owners.

3. Any difficulties and problems arising in the implementation of this Joint Circular shall be promptly reported to the Ministry of Justice and the Ministry of Natural Resources and Environment for study and settlement.-

* All forms promulgated together with this Joint Circular are not translated.