Thông tư liên tịch 09/2016/TTLT-BTP-BTNMT

Joint Circular No. 09/2016/TTLT-BTP-BTNMT dated June 23, 2016, instructions on registration of mortgaging of land use rights, properties on land

Nội dung toàn văn Joint Circular 09/2016/TTLT-BTP-BTNMT instructions registration mortgaging land use rights properties land


MINISTRY OF JUSTICE – MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness

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No. 09/2016/TTLT-BTP-BTNMT

Hanoi, June 23, 2016

 

JOINT CIRCULAR

INSTRUCTIONS ON REGISTRATION OF MORTGAGING OF LAND USE RIGHTS, PROPERTIES ON LAND

Pursuant to Civil Code dated June 14, 2005;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Government’s Decree No. 83/2010/ND-CP dated July 23, 2010 on registration of secured transactions;

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

Pursuant to the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 providing instructions on the implementation of a number of articles of the Law on Housing;

Pursuant to the Government’s Decree No. 22/2013/ND-CP dated March 13, 2013 stipulating functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 21/2013/ND-CP dated March 04, 2013 stipulating functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Ministers of the Ministry of Justice and Ministry of Natural Resources and Environment have promulgated the Joint Circular providing instructions on registration of the mortgage of land use rights and properties on land as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular stipulates authority, applications and procedures for registration of mortgaging of land use rights and properties on land.

Article 2. Regulated entities

This Circular applies to:

1. Domestic households, individuals and organizations; Vietnamese residing overseas; foreign individuals, organizations, foreign-invested enterprises that register mortgaging of land use rights, properties on land according to laws;

2. Agencies that have authority for registration of mortgaging of land use rights, properties on land (herein ‘competent agencies’)

3. Other relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Properties on land include houses, construction works, perennial plants, production forests as planted forests.

2. Future-acquired properties on land includes construction works under construction, houses, perennial plants, production forests as planted forests that are to take form in the future including:

a) Future acquired housing construction projects, houses owned by housing construction project investors;

b) Future acquired houses owned by organizations, individuals that purchase future acquired houses in housing construction projects;

c) Future acquired houses that are constructed on a parcel of land legally owned by organizations, individuals;

d) Other construction projects;

dd) Production forests as planted forests, perennial plants which are taking form or already taken form and established by the mortgagor and the rights to ownership of the property are established by the mortgagor after the date on which the mortgage agreement is signed.

3. Registration of mortgaging of future acquired properties on land mean competent agencies record information concerning mortgaging of future acquired properties on land in the cadastral book or the register of future acquired properties on land pledged as collateral and application form for mortgage registration.

4. Transition of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses means competent agencies record information concerning the transition of registration of mortgaging in the cadastral book, certificates of land use rights, rights to ownership of houses and property attached to land (herein 'the Certificates') and the application form for transition of registration for requests to transition from registration of mortgaging of property rights derivative from the contract for purchase and sale of houses to registration of mortgaging of future acquired houses or houses by the date of transition on which the registration of mortgaging of such property is not removed.

Article 4. Cases of registration of the mortgaging of land use rights and properties on land

1. Cases of registration of the mortgaging of land use rights and properties on land:

a) Registration of mortgaging of land use rights;

b) Registration of mortgaging of properties on land;

c) Registration of mortgaging of land use right and properties on land;

d) Registration of mortgaging of future acquired properties on land;

dd) Registration of mortgaging of land use rights and future acquired properties on land;

e) Registration of changes to registered mortgaging;

g) Registration of written notification of settlement of collaterals in case mortgaging has been registered;

h) Removal of mortgage registration

2. Mortgage registration as prescribed in Points a, b, c, d and dd, Clause 1 of this Article include cases of asset mortgage registration to perform civil obligations of the mortgagor or others.

Article 5. Competent agencies

Competent agencies include land registration offices and branch offices thereof (Herein ‘land registration office’)

Article 6. Validity date of mortgage registration

1. Registration of mortgaging of land use rights, properties on land as prescribed in Points a, b, c, dd, g and h, Clause 1, Article 4 of this Circular shall take effect since the land registration office records information in the cadastral book.

If the land registration is yet to use electronic cadastral book, registration of mortgaging of future acquired properties on land, except for the case as prescribed in Point d, Clause 1, Article 4, shall take effect since the land registration office records information concerning the mortgage registration in the register of mortgaging of future acquired properties on land.

2. Validity date of mortgage registration as prescribed in Point e, Clause 1, Article 4 hereof shall be determined as follows:

a) In case of addition of collateral properties as land use rights, properties on land without a new mortgage agreement being signed by the two parties, the registration shall take effect since the land registration office records information concerning the registration in the cadastral book or the register of mortgaging of future acquired properties on land;

b) In case of registration of changes to registration contents outside the provisions as prescribed in Point a, requests for correction of errors by the registries, transition of registration of mortgaging of property rights derivative of the contract for sale and purchase of houses, validity date of the registration shall be the date of initial mortgage registration.

Article 7. Submission of applications for registration of the mortgaging of land use rights and properties on land

1. Applications for registration of the mortgaging of land use rights and properties on land shall be submitted in one of the following manners:

a) In person;

b) By post;

c) Via online registration system

2. Submission of applications for registration of mortgaging of land use rights and properties on land via online registration system shall apply to localities that have already put the land database system into operation and received written instructions from the Ministry of Justice and the Ministry of Natural Resources and Environment on online registration of secured transactions in land use rights, properties on land.

Article 8. Time limits for settlement of applications for registration of the mortgaging of land use rights and properties on land

1. The land registration office shall be responsible for carrying out the registration and returning the results for the cases of registering mortgaging of land use rights, properties on land as prescribed in Clause 1, Article 4 hereof right on the date of receipt of eligible applications. If applications are received after 15 hours, the registration shall be carried out by the next day.

Time limits for settlement of applications shall not last more than three working days since receipt of eligible applications even though extension is needed.

2. For applications submitted to the People's committees of communes, wards, townships (herein ‘the People’s committees of communes), within three working days since receipt of applications, the People's committees of district-level towns shall transfer the applications to the land registration office.

For applications submitted to the office tasked with receiving applications and returning results under the single-window system (herein ‘the single-window office’), the time limits for transfer of the applications to the land registration office shall be stipulated in the decisions given by the People’s Committees of central-affiliated cities and provinces (herein ‘the People’s committees of provinces').

If applications are submitted to the People’s Committees of communes or to the single-window office, the time limits for the settlement of the applications shall start from the date the land registration office receives the applications from the People’s committees of communes or the single-window office.

3. The time limits for settlement of applications for mortgage registration as prescribed in Clause 1 and Clause 2 of this Article shall not include the time for fulfillment of procedures for registration of changes in land, properties on land, confirmations of changes in the Certificates as prescribed in Clause 2, Article 9 or the time for fulfillment of procedures for confirmations of ownership of properties on land in the Certificates as prescribed in Article 32 hereof.

Article 9. Rejection of registration in case information in applications is not consistent with the information retained in the registration agency

1. The land registration office shall reject registration upon detecting information in the applications inconsistent with the information retained in the mortgage registration agency (herein ‘the registry’) in following cases:

a) Information about collateral as land use rights, properties on land declared in the application form or in the mortgage agreement is not consistent with the granted Certificates due to errors in the applicant's declaration;

b) Information about the mortgagor including: Name, address, ID number, citizen ID card, ID number of Vietnam People’s Army Officer or papers identifying legal personality declared in the application form or the mortgage agreement are not consistent with the information in the granted Certificates due to errors in the applicant's declaration;

c) Land use rights are not eligible for being pledged as collateral according to the Law on Land; properties on land are not eligible for being pledged as collateral according to relevant law provisions.

2. If following information declared in the application form or in the mortgage agreement is not consistent with the information retained in the registry, the applicant shall perform both procedures for registration of mortgage and procedures for registration of changes in land, properties on land, confirmation of changes as stipulated by the Ministry of Natural Resources and Environment:

a) Number sign, area of land parcel (due to re-determination of the area of land); information about the administrative unit where the land parcel is located (due to amendments to Documents issued by competent agencies);

b) Name, address, ID number, citizen ID card, ID number of Vietnam People’s Army Officer or papers identifying legal personality of the mortgagor (due to amendments to Documents issued by competent agencies)

Article 10. Signatures in application form

1. The application form shall require signatures, stamps (if any) of both mortgagor and mortgagee or authorized person unless otherwise as regulated in Clauses 2, 3, 4 and 5 hereof.

2. In case the mortgage agreement has been authenticated or certified as true copy, the application form shall require signature, stamp (if any) of either mortgagor or mortgagee or authorized person.

3. The application form shall require signature, stamp (if any) of the mortgagee only or person authorized by the mortgagee in case of registration of changes in the registered mortgage content on the mortgagee’s part, correction of information about the mortgagee, registration of written notifications of settlement of collateral, removal of mortgage registration.

4. The application form shall require signature, stamp (if any) of the mortgagor or person authorized by the mortgagor in case of application for removal of mortgage registration and a written consent of the mortgagee to the removal of mortgage registration shall be included.

5. The application form shall require signatures of the asset management officer, asset management and liquidation enterprises in case such entities that fall into bankruptcy are the applicant.

Article 11. Principles of registration of the mortgaging of land use rights and properties on land

1. Principles of registration of mortgaging of future acquired properties on land

a) If the future acquired house has been pledged as collateral in the form of property rights derivative of the contract for purchase and sale of houses, simultaneous registration of mortgaging of houses in such form shall not be accepted. If the future acquired house has been pledged as collateral as prescribed herein, simultaneous registration of mortgaging of property rights derivative of the contract for purchase and sale of houses in such form shall not be accepted.

b) If the investor has mortgaged and registered mortgaging of housing construction projects or future acquired houses, before selling houses from such projects, the investor shall fulfill procedures for registration of changes in the registered mortgage content (partial withdrawal of collateral).

c) Future acquired properties on land pledged as collateral should be attached to the land parcel where the asset is located.

d) The land registration office shall carry out registration of future acquired properties on land on the principle of recording registration information in the application form. The applicant who declares information in the application shall be responsible for legality and accuracy of the information declared and documents, papers accompanying the application.

2. For mortgage registration as prescribed in Clause 2, Article 4 herein, the land registration office shall carry out registration of mortgaging of land use rights, properties on land for owners of land use rights, owners of properties on land; the fulfillment of civil obligations shall be the responsibility of the mortgagor or others according to Civil Code.

Article 12. Cases of transitioning registration of mortgaging and principles of transitioning registration of mortgaging of property rights derivative of contract for purchase and sale of houses

1. Transition of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses shall be carried out in following cases:

a) The applicant who has already registered mortgaging property rights derivative of the contract for purchase and sale of houses wishes to transition to registration of mortgaging of future acquired houses;

b) The applicant who has already registered mortgaging property rights derivative of the contract for purchase and sale of houses wishes to transition to registration of mortgaging of houses because the future acquire house has taken form (accepted and put into practice).

2. Transition of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses as prescribed in Point b, Clause 1 of this Article shall be carried out concurrently with procedures for certification of the rights to ownership of houses as prescribed in Clause 2, Article 35 herein.

3. If the procedures for transitioning registration of mortgaging have been fulfilled as prescribed herein, both the mortgagor and mortgagee shall not have to execute a new mortgage agreement or an appendix to the contract for addition of collateral.

Article 13. Papers required for cases exempted from paying fees of registration of mortgaging of land use rights and properties on land

1. For individuals, households eligible for exemption from paying fees of registration of mortgaging of land use rights, properties on land according to the Government’s Decree No. 55/2015/ND-CP dated June 09, 2015 on credit policies for agriculture and rural development without provisions on access to loans for agriculture and rural development specified in the mortgage contract, the applicant shall submit one of the following papers:

a) The credit contract specifying provisions on individuals, households asking for loans for agriculture and rural development;

b) The written confirmations (with signature and stamp) by the credit institution regarding individuals, households asking for loans for one of the areas of agriculture and rural development.

2. In case of registration of changes in the registered mortgage content, registration of written notifications of settlement of collateral, removal of mortgage registration with one of the papers as prescribed in Clause 1 of this Article being included in the application, the applicant shall not have to submit abovementioned papers.

Article 14. Fees of registration and cases eligible for exemption from paying fees of registration, correction of errors

1. Level of fees of registration of mortgaging of land use rights, properties on land, collection, payment, management and use of such fees are stipulated in the law on fees, charges.

2. For applicants defined as eligible for exemption from paying fees of registration, upon registration of changes in the registered mortgage content, registration of written notifications of settlement of collateral, removal of mortgage registration, the land registration office shall check the papers proving eligibility for exemption from fees of registration against the retained records as foundations for not collecting the fees.

3. In case of correction of errors made by the applicant as prescribed in Article 27 and Article 34 herein, the applicant shall not have to pay fees of correction of errors.

Article 15. Originals, copies of papers in the application

1. The applicant shall include one (01) original of following papers in the application:

a) Application forms for mortgage registration, removal of mortgage registration or application forms for transition of mortgage registration;

b) The mortgage agreement, or authenticated, true-certified copy thereof if stipulated by laws; the contract, appendices to the contract or authenticated, true-certified copy thereof if stipulated by laws or other documents in case the two parties agree to change the registered mortgage content;

c) The Certificates;

d) Decision on allocation of land, lease of land;

dd) The credit contract specifying the provisions on individuals, households asking for loans for areas of agriculture and rural development or the written confirmations (with signature and stamp) by the credit institution of individuals, households asking for loans for one of the areas of agriculture and rural development;

e) The application form with the registry’s written confirmations if the written confirmations of the registered content show errors or the application form lacks the registry’s written confirmations;

g) The Certificates in case the application includes such Certificates.

2. The applicant shall include one (01) original or one (01) copy (accompanied by the original for comparison) of following papers in the application:

a) Authenticated, true-certified copy of the Document proving agreement between the land user and property owner on use of land for establishment of properties on land;

b) Construction license or Investment project approval decision if required;

c) The contractor for purchase and sale of houses between the mortgagor and the investor;

d) Document regarding the transfer of the contract for purchase and sale of houses;

dd) Document regarding changes in the registered mortgage content issued by competent agencies;

e) Written notification of settlement of collateral;

g) Written consent of the mortgagee to removal of mortgage registration in case the application form does not bear signature of the mortgagee;

h) Document regarding provision of information about mortgaging of property rights derivative of the contract for purchase and sale of houses or certificates of secured transaction registration, written notification of distraint of property for judicial enforcement or certificates of registration of changes in the registered mortgage content issued by Center for registration of transactions and properties affiliated to the Ministry of Justice’s national registration agency. 

i) Letter of authorization in case the applicant is the authorized person.

3. The applicant shall include one (01) copy of following papers in the application:

a) Drawing of general project site layout (1/500 scale) approved by competent agencies and Design drawing representing site layouts of the project’s works approved by competent agencies in case of mortgaging of future acquired properties on land as housing construction projects and other construction works;

b) Lists of signed mortgage agreements;

Article 16. Forms of registration of mortgaging of land use rights and properties on land

Enclosed herewith are the forms of registration of land use rights, properties on land:

1. Form 01/DKTC: Application form for registration of mortgaging of land use right and properties on land;

2. Form 02/DKTD-SCSS: Application form for registration of changes, correction of errors;

3. Form 03/XDK: Application form for removal of mortgage registration;

4. Form 04/DKTC: Application form for registration of written notification of settlement of collateral;

5. Form 05/DKTC: Application form for transition of mortgage registration;

6. Form 06/DKTC: Supplementary pages of the parties involved in the mortgage agreement;

7. Form 07/DKTC: Supplementary pages of collateral;

8. Form 08/DMHDTC: Lists of registered mortgage agreements;

9. Form 09/SDKTC: d) Registration of the mortgaging of future acquired assets attached to land;

Article 17. Responsibility of agencies, organizations, and individuals for registration of mortgaging of land use rights, properties on land

1. The applicant shall be responsible for legality, accuracy, authenticity and sufficiency of the information declared in the application.

2. The land registration office shall ensure the information about mortgage registration is consistent with the information retained in the cadastral system; not request revision of the mortgage agreement for cases outside Clause 1, Article 9 herein.

3. The Service of Justice, apart from duties and authority as prescribed in Clause 5, Article 46 of the Government’s Decree No. 83/2010/ND-CP dated July 23, 2010 on registration of secured transactions (herein ‘the Decree No. 83/2010/ND-CP’) shall be responsible for presiding over and cooperate with the Service of Natural Resources and Environment, the Service of Finance, the Service of Home Affairs and other relevant departments, sectors in performing following tasks:

a) Act as an advisor for the People’s Committees of provinces in arranging sufficient personnel, expenditures for activities of state administration of registration of secured transactions in localities; providing sufficient facilities and encouraging application of information technology to activities of mortgage registration, provision of information about mortgaging of land use rights, properties on land;

b) Performing regular or irregular inspection of land registration offices in localities carrying out mortgage registration, provision of information about mortgaging of land use rights, properties on land;

c) Check and submit to the People’s Committees of provinces for promulgation the Regulation on coordination in state administration of registration of secured transactions in localities; the process of registering mortgage, providing information about mortgaging of land use rights, properties on land consistent with provisions on applications and procedures as prescribed herein and other relevant legislative documents;

d) Instruct and direct land registration offices, notary organizations and other agencies, organizations, and individuals to comply strictly with regulations on registration of secured transactions;

dd) Take measures aimed at encouraging organizations, individuals to actively look up information about secured transactions, reinforce sharing of information about legality of collateral in localities;

Article 18. Statistical reports on registration of mortgaging of land use rights, properties on land

1. The land registration office shall make statistical reports on the registration of mortgaging of land use rights, properties on land on a biannual and annual basis to the Service of Justice for compilation and reporting to the People’s Committees of provinces.

2. The People’s Committees of provinces shall compile and make statistical reports on the registration of mortgaging of land use rights, properties on land on a biannual and annual basis in provinces to the Ministry of Justice, the Ministry of Natural Resources and Environment. The Ministry of Justice shall be responsible for compiling and reporting to the Government.

3. Time limits of submission of statistical reports shall be stipulated by the Ministry of Justice.

Chapter II

REGISTRATION OF MORTGAGING OF LAND USE RIGHTS, PROPERTIES ON LAND

Section 1: APPLICATIONS

Article 19. Registration of mortgaging of land use rights, land use rights and properties on land

An application includes:

1. Application form according to Form 01/DKTC;

2. Mortgage agreement or authenticated, true certified mortgage agreement if stipulated by laws;

3. The Certificates;

4. Papers as proof of following cases:

a) Letter of authorization in case the applicant is the authorized person;

b) One of papers proving the applicant is eligible for exemption from paying fees of registration of mortgaging of land use rights, properties on land as prescribed in Clause 1, Article 13 herein (if applying for exemption from paying fees).

Article 20. Registration of mortgaging of properties on land

1. In case the properties on land with the rights to ownership thereof being certified on the Certificates are pledged as collateral and the owner thereof is also the land user, the applicant shall submit an application including papers as prescribed in Article 19 herein.

2. In case the properties on land with the rights to ownership thereof being certified on the Certificates are pledged as collateral and the owner thereof is not the land user, the applicant shall submit an application including:

a) Papers as prescribed in Clauses 1, 2 and 4, Article 19 herein;

b) Certificates issued to owners of properties on land

Article 21. Registration of mortgaging of properties on land which have taken form but the rights to ownership thereof are yet to be certified on Certificates

1. In case the properties on land (already taken form) with the rights to ownership thereof not being certified on the Certificates are pledged as collateral and the owner thereof is also the land user, the applicant shall submit an application including:

a) Papers as prescribed in Article 19 herein;

b) Application for certification of rights to ownership of properties on land according to the law on land.

2. In case the properties on land (already taken form) with the rights to ownership thereof not being certified on the Certificates are pledged as collateral and the owner thereof is not the owner, the applicant shall submit an application including:

a) Papers as prescribed in Clauses 1, 2 and 4, Article 19 herein;

b) Application for certification of rights to ownership of properties on land according to the law on land.

Article 22. Registration of mortgaging of land use rights and future acquired properties on land as non-residential properties; registration of mortgaging of future acquired properties as non-residential properties

Applications for mortgaging land use rights and future acquired properties on land as non-residential properties; registration of mortgaging future acquired properties as non-residential properties outside the cases as prescribed in Article 21 herein shall be stipulated as follows:

1. In case of registration of mortgaging of land use rights and future acquired assets attached to land concurrently, the applicant shall submit an application including:

a) Papers as prescribed in Article 19 herein;

b) Construction license or Investment project approval decision if required unless an authenticated, true certified copy of the mortgage agreement is provided;

c) Drawing of general project site layout (1/500 scale) approved by competent agencies and design drawing representing site layouts of the project’s works approved by competent agencies in case future acquired properties on land pledged as collateral are construction projects; Drawing of general project site layout (1/500 scale) approved by competent agencies and design drawing representing site layouts of the project’s works approved by competent agencies in case future acquired properties on land pledged as collateral are other construction projects.

2. In case future acquired assets attached to land are pledged as collateral and the owner thereof is also the land user, the applicant shall submit an application including:

a) Papers as prescribed in Article 19 herein;

b) Papers as prescribed in Point b and Point c of this Article.

3. In case future acquired assets attached to land are pledged as collateral and the owner thereof is not the land user, the applicant shall submit an application including:

a) Papers as prescribed in Clauses 1, 2 and 4, Article 19 herein;

b) Papers as prescribed in Point b and Point c, Clause 1 of this Article;

c) Authenticated or true certified copy of the Document proving agreement between the land user and property owner on use of land for establishment of properties on land;

Article 23. Registration of mortgaging of housing construction projects, future acquired houses

Applications for mortgaging housing construction projects, future acquired houses shall be stipulated as follows:

1. In case housing construction projects, future acquired houses are pledged as collateral by the investor, the application shall include:

a) Papers as prescribed in Clauses 1, 2 and 4, Article 19 herein;

b) Certificates or Decision on allocation of land, lease of land issued to the investor by competent agencies;

b) Construction license or Investment project approval decision if required unless an authenticated, true certified copy of the mortgage agreement is provided;

c) Drawing of general project site layout (1/500 scale) approved by competent agencies and design drawing representing site layouts of the project’s works approved by competent agencies in case future acquired properties on land pledged as collateral are construction projects; Drawing of general project site layout (1/500 scale) approved by competent agencies and design drawing representing site layouts of apartments approved by competent agencies in case future acquired properties on land pledged as collateral are future acquired houses.

2. In case future acquired houses are pledged as collateral by organizations, individuals that purchase future acquired houses in housing construction projects, the application shall include:

a) Papers as prescribed in Clauses 1, 2 and 4, Article 19 herein;

b) The contract for sale and purchase of houses signed between the investor and the mortgagor in accordance with the law on housing.

If the mortgagor is the transferee of the contract for purchase and sale of houses, the document concerning the transfer of the contract shall be included according to the law on housing.

3. In case the future acquired houses built on the parcel of land belonging to organizations, individuals are pledged as collateral, the application shall include:

a) Papers as prescribed in Article 19 herein;

b) Construction license if required unless an authenticated, true certified copy of the mortgage agreement is provided;

Article 24. Registration of changes to registered mortgage content

1. Registration of changes to registered mortgage content includes:

a) Partial withdrawal, addition or replacement of mortgagor, mortgagee as agreed by the mortgagor, mortgagee;

b) Change in name or type of enterprises of the mortgagor, mortgagee according to competent agencies’ documents;

c) Partial withdrawal of collateral as land use rights, properties on land including partial withdrawal of collateral as future acquired houses as prescribed in Point b, Clause 1, Article 11 hereof;

d) Addition of collateral as land use rights, properties on land in case the parties do not sign a new mortgage agreement;

dd) When the collateral as future acquired properties (including future acquired houses) has taken form and the mortgagor has fulfilled procedures for certification of rights to ownership thereof in the Certificates;

e) Request for correction of errors in the information declared in the application form;

g) Registration of other changes if requested by the parties;

2. The application for registration of changes includes:

a) Application form according to Form 02/DKTD-SCSS;

b) Contracts or appendices to contracts or other documents (i.e. contract for purchase and sale of debts) with regard to cases as prescribed in Points a, c and d, Clause 1 of this Article in which the parties have agreed on partial withdrawal, addition of collateral; partial withdrawal, addition or replacement of mortgagor, mortgagee;

c) Documents issued by competent agencies concerning change in name, type of enterprises of the mortgagor, mortgagee for the cases as prescribed in Point b, Clause 1 of this Article;

d) Certificates in case the application includes the Certificates;

dd) Papers as prescribed in Point a, Clause 4, Article 19 herein;

3. In case the mortgagee wishes to register changes to enterprise type in several registered contracts for mortgage of land use rights, properties on land, the application for registration of changes in all the contracts shall be submitted. The application includes:

a) Application form according to Form 02/DKTD-SCSS;

b) Documents issued by competent agencies concerning change in enterprise types;

c) Lists of registered mortgage agreements according to Form 08/DMHDTC;

d) Certificates in case the application includes the Certificates;

dd) Papers as prescribed in Point a, Clause 4, Article 19 herein;

4. In case of registration of changing name of the mortgagee outside the cases as prescribed in Clause 3 of this Article or changing the mortgagee in multiple registered contracts for mortgage of land use rights, properties on land, the application for registration of changes in all the contracts shall be submitted. The application includes:

a) Application form according to Form 02/DKTD-SCSS;

b) Contracts or appendices to contracts or other documents (i.e. contracts for purchase and sale of debts) in which the parties have agreed on change of the mortgagee;

c) Documents issued by competent agencies concerning changes in name or the mortgagee;

d) Lists of registered mortgage agreements according to Form 08/DMHDTC;

dd) Certificates in case the application includes the Certificates;

e) Papers as prescribed in Point a, Clause 4, Article 19 herein;

5. In case of registration of changes when the land user, owner of properties on land as the mortgagor is allowed by competent state agencies to change her/his name in the issued Certificates, the applicant shall submit one application for registration of changes as prescribed in Clause 2 of this Article and one application for confirmation of change of name in the Certificates as stipulated by the Ministry of Natural Resources and Environment.

The land registration office shall give confirmation of change in the mortgagor’s name in the Certificates and the cadastral information system before performing procedures for registration of changes to mortgage content.

6. In case the land user has mortgaged multiple parcels of land under a single contract agreement and has already registered the mortgage, and the two parties wish to register partial withdrawal or addition of collateral, the applicant shall submit one application for registration of changes as prescribed in Point a, b and e, Clause 2 of this Article.

7. For registered contracts for mortgage of land use rights, properties on land, in case of changes in residence address or ID number, citizen ID card number, ID number of Vietnam People's Army Officer of the mortgagor (which is different from the information in the Certificates) or changes in the information about the mortgaged parcel of land due to re-determination of the area of land, the parties shall not have to perform procedures for registration of changes as prescribed herein but shall perform procedures for re-issuance of the Certificates as prescribed in Article 76 and Article 78 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Law on Land (herein 'the Decree No. 43/2014/ND-CP’) with regard to cases of re-issuance of the Certificates or fulfillment of procedures for confirmation of changes in the Certificates as stipulated by the Ministry of Natural Resources and Environment.

8. Registration of changes when the properties on land are future acquired properties which have taken form as prescribed in Point dd, Clause 1 of this Article shall be carried out simultaneously with the fulfillment of procedures for certification of the rights to ownership of the properties on land in the Certificates. The applicant shall submit the application form for registration of changes, correction of errors according to Form 02/DKTD-SCSS along with one (01) application for confirmation of the rights to ownership of properties as stipulated by the Ministry of Natural Resources and Environment for the land registration office to perform procedures for certification of the rights to ownership of the properties on land according to the Law on Land.

9. For registration of changes as prescribed in Point b, Clause 1, Article 11 herein, the information concerning partial withdrawal of collateral such as addresses, area of apartments, ordinal numbers of floors, name of the building belonging to the project (name of the project), address of the project should be declared in the application form for registration of changes, correction of errors. In case multiple apartments within a housing construction project are withdrawn, the parties shall make a list of the apartments accompanied by information about such apartments.

10. In case of registration of changes to registered mortgage content as prescribed in Clause1 of this Article, the applicant shall not have to remove registration of mortgaging of land use rights, properties on land before registration of changes is made.

Article 25. Registration of written notification of settlement of collateral in case mortgaging has been registered

The application for registration of written notification of settlement of collateral in case mortgaging has been registered includes:

1. Application form according to Form 04/DKVB;

2. Written notification of settlement of collateral;

3. Papers as prescribed in Point a, Clause 4, Article 19 herein;

Article 26. Removal of mortgage registration

The application for removal of mortgage registration includes:

1. Application form according to Form 03/XDK;

2. Written consent of the mortgagee to removal of mortgage registration in case the application form does not bear signature of the mortgagee;

3. Certificates in case the application includes the Certificates;

4. Papers as prescribed in Point a, Clause 4, Article 19 herein;

Article 27. Correction of errors in registered mortgage contents

1. Upon finding that the registered mortgage content is not accurate, insufficient or no confirmation is given on the application form, the Certificates, the applicant shall submit one application for correction of such errors to the land registration office.

2. The application includes:

a) Application form according to Form 02/DKTD-SCSS;

b) The application form with the registry’s written confirmations if the written confirmations of the registered content show errors or the application form lacks the registry’s written confirmations;

c) The Certificates in case the application includes such Certificates.

d) Papers as prescribed in Point a, Clause 4, Article 19 herein;

Article 28. Applications for transitioning registration of mortgaging of property rights derivative of contract for purchase and sale of houses

The application for transition of registration as prescribed in Clause 1, Article 12 herein includes:

1. Application form according to Form 05/DKTC;

2. Document regarding provision of information about mortgaging of property rights derivative of the contract for purchase and sale of houses or certificates of secured transaction registration, written notification of distraint of property for judicial enforcement or certificates of registration of changes in the registered mortgage content issued by Center for registration of transactions and properties affiliated to the Ministry of Justice’s national registration agency;

3. Papers as prescribed in Point a, Clause 4, Article 19 herein;

4. Applications for confirmation of the rights to ownership of houses according to the Law on Land, Housing in case of transitioning from registration of mortgaging of property rights derivative of the contract for purchase and sale of houses to mortgaging of future acquired houses (which have already taken form).

Section 2. REGISTRATION PROCEDURES

Article 29. Submission of applications

The applicant shall submit his/her application to one of the following agencies, organizations:

1. Land registration office;

2. People’s Committees of communes where the land is situated in case the applicant as household and individual who needs to submit his/her application in person to People’s Committees of communes;

3. The single-window office in localities.

Article 30. Receipt of applications

1. Applications after being received in person shall be handled as follows:

a) Applications found ineligible shall be returned to the applicant along with instructions for completion according to laws;

b) Applications found eligible shall be received along with an appointment note specifying following information: Date of receipt of the application; time limits for settlement of the application; date of returning the result; name and signature of recipient of the application;

2. Applications after being received by post shall be handled as follows:

a) Applications found ineligible shall be returned to the applicant along with following information: Papers included in the application received; reasons for rejection; instructions on fulfillment of the application. Written rejection along with the application shall be returned to the applicant by post;

b) Applications found eligible shall be accepted and noted for the date of returning the result.

Article 31. Procedures for fulfillment of registration of mortgaging, changes, written notification, removal of mortgage registration

1. Upon receipt of the application, the land registration office shall carry out inspection of the application.

2. In case of rejection as prescribed in Clause 1, Article 11 of the Decree No. 83/2010/ND-CP and Clause 1, Article 9 herein, the land registration office shall issue the written rejection along with the application to the applicant for fulfillment of the application as prescribed.

3. For cases of registration without foundations for rejection, within the time limits as prescribed in Article 8 herein, the land registration office shall perform following s:

a) Record information about mortgage registration, registration of changes, removal of mortgage registration and date of registration according to the sequential order of receiving applications in the cadastral book and the Certificates as stipulated by the Ministry of Natural Resources and Environment.

In case the mortgagor registers changes in properties on land as future acquired properties which have taken form and applies for confirmation of the rights to ownership of properties in the Certificates, following information shall be specified in the cadastral book, the Certificates: “The properties on land have taken form with the rights to ownership thereof being certified in the Certificates and continue to serve as collateral (specify name of the property) at (specify name of the mortgagee)";

b) Record information of registration and date of registration (hour, minute, day, month, year) in Section “Written confirmations by the registry" on the application form;

Article 32. Procedures for registration of mortgaging of properties on land with the rights to ownership thereof are yet to be certified on Certificates

1. Upon receipt of eligible applications, if the properties meet requirements for confirmation of the rights to ownership thereof, the land registration office shall perform followings:

a) Perform procedures for confirmation of the rights to ownership of properties on land in the Certificates according to laws or transfer applications to the natural resources and environment department for issuance of the Certificates for the cases subject to issuance of the Certificates;

b) After the Certificates are confirmed , signed and issued as prescribed in Point a of this Clause, record information of registration and date of registration as prescribed in Clause 3, Article 31 herein and return the result

2. If the properties fail to meet requirements for confirmation of the rights to ownership thereof according to laws, the land registration office shall reject mortgage registration and issue the written notice to the applicant without any compensation for damage as prescribed in Article 49 of the Decree No. 83/2010/ND-CP.

3. In case land use rights have been pledged as collateral before the rights to ownership of the properties on land are certified on the Certificates, the applicant shall not have to register removal of registration of mortgaging of land use rights when performing procedures for confirmation of the rights to ownership of properties on the issued Certificates.

Article 33. Procedures for mortgage registration in case of addition of obligations

1. In case of addition of obligations with a new mortgage agreement being signed and independent from previously signed mortgage agreement, the applicant shall perform procedures for new mortgage registration without removal of previous registration.

2. In case of addition of obligations with a new mortgage agreement as a replacement for previous one being signed, the applicant shall submit one application for removal of mortgage registration and one application for new mortgage registration to fulfill both procedures for removal of previous mortgage registration and registration of new mortgage.

3. The parties shall not have to apply for registration of changes in case of addition of obligations if meeting following requirements:

a) The registered mortgage agreement has included a Clause on the security of possible future obligations;

b) Adding obligations, not collateral;

c) The parties have signed a contract for amendments to the registered mortgage agreement or an appendix thereto, not a new mortgage agreement.

Article 34. Procedures for correction of errors in registered mortgage content

1. Upon detection of any error in the information recorded in the cadastral book, the Certificates, the application form or the register of mortgaging of future acquired properties on land, the person in charge shall make early notification to director of the land registration office and to the applicant.

2. Upon receipt of requests for correction of errors from the applicant, the land registration office shall perform followings:

a) Correct the errors in the information of registration in the Certificates and the cadastral book;

b) Give confirmations in the application form for registration of changes, correction of errors;

Diều 35. Article 35. Procedures for transitioning registration of mortgaging of property rights derivative of contract for purchase and sale of houses

1. In case of transitioning registration of mortgaging of property rights derivative of the contract for purchase and sale of houses to registration of mortgaging of future acquired houses, the land registration office shall perform followings:

a) Record “Transition registration of mortgaging of property rights derivative of the contract for purchase and sale of houses to registration of mortgaging of future acquired houses”, date of registration in the cadastral book and application form. Date of registration in this case shall be the date of previous registration as specified in Section 5 of the application form for transition of mortgage registration;

b) Retain a copy of the application form for transition of mortgage registration specifying the information as prescribed in Point a of this Clause;

c) Deliver a copy of the application form for transition of mortgage registration specifying the information as prescribed in Point a of this Clause to the Center for registration of transactions and properties for removal of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses;

d) Return the application form for transition of mortgage registration specifying the information as prescribed in Point a of this Clause to the applicant;

2. In case of transitioning registration of mortgaging of property rights derivative of the contract for purchase and sale of houses to registration of mortgaging of future acquired houses (which have taken form), the land registration office shall perform followings:

a) Perform procedures for confirmation of the rights to ownership of houses and issue the Certificates to the owners thereof according to the Law on Land, Housing;

b) Record “Transition registration of mortgaging of property rights derivative of the contract for purchase and sale of houses to registration of mortgaging of houses”, and date of registration in the cadastral book, the issued Certificates and application form for transition of mortgage registration. Date of registration in this case shall be the date of previous registration as specified in Section 5 of the application form for transition of mortgage registration;

c) Retain a copy of the application form for transition of mortgage registration specifying the information as prescribed in Point b of this Clause;

d) Deliver a copy of the application form for transition of mortgage registration specifying the information as prescribed in Point b of this Clause to the Center for registration of transactions and properties for removal of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses;

dd) Deliver the Certificates and return the application form for transition of mortgage registration specifying the information as prescribed in Point b of this Clause to the applicant;

Article 36. Exchange of information concerning transition of mortgage registration between land registration offices and Center for transactions and properties

1. At least one working day before the Certificates are delivered to the applicant, the land registration office shall deliver a copy of the confirmed application form for transition of mortgage registration to the Center for registration of transactions and properties.

2. Upon receipt of the application form as prescribed in Point c, Clause 1 and Point d, Clause 2 of Article 35 herein, the Center for registration of transactions and properties shall carry out removal of registration of mortgaging of property rights derivative of the contract for purchase and sale of houses according to laws.

Article 37. Returning fulfilled registration

1. The land registration office shall return an original of following papers to the applicant:

a) The application form for mortgage registration confirmed by the land registration office;

b) The application form for transition of mortgage registration confirmed by the land registration office;

c) Certificates recorded thereon information concerning mortgage registration, registration of changes, removal of mortgage registration or correction of errors;

d) Written notifications of correction of errors in registration information detected by the person in charge or written correction of such errors and the application form with errors confirmed by the registry in case such errors are detected by the applicant;

2. The land registration office shall return fulfilled registration to the applicant direct from the land registration office or through the single-window office, or People’s Committees of communes in case applications are submitted thereto, or by post at the request of the applicant.

3. If applications are submitted to People’s Committees of communes, within three working days since the registration is fulfilled, the land registration office shall be responsible for delivering fulfilled registration to People’s Committees of communes for returning to the applicant.

Chapter III

IMPLEMENTARY PROVISIONS

Article 39. Effect

1. This Circular takes effect since August 8, 2016.

2. This Circular supersedes the Joint Circular No. 20/2011/TTLT-BTP-BTNMT dated November 18, 2011 issued by the Ministry of Justice, the Ministry of Natural Resources and Environment.

3. Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT dated April 25, 2014 issued by the State bank, the Ministry of Construction, Ministry of Justice, Ministry of Natural Resources and Environment shall be hereby annulled.

Diều 39. Implementation

1. The People’s Committees of provinces shall be responsible for directing the Service of Justice, the Service of Natural Resources and Environment, relevant departments, sectors in localities to execute this Circular.

2. The Service of Natural Resources and Environment of central-affiliated provinces, cities shall be responsible for directing the land registration office to report to the Service of Natural Resources and Environment for publication on the website on the investor having mortgaged housing construction projects, future acquired houses after the land registration office has carried out registration of mortgaging of housing construction projects, future acquired houses for the investor.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Justice, the Ministry of Natural Resources and Environment for handling./.

 

PP THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER




Nguyen Thi Phuong Hoa

PP THE MINISTER OF JUSTICE
DEPUTY MINISTER





Nguyen Khanh Ngoc

 

 


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