Joint Circular No. 03/2003/TTLT/BTP-BTNMT guiding the order and procedures for registering and supplying information on, mortgage of, and guarantee with, land use right and assets attached to land

No. 9!i (18--7-2003) Ol~FIC!/\l .. GI\L.l:TJ'I~ THE MINISTRIES on mortg8ge of, or guarantee with, land use tight and assets attached to land as follows: INTE:'R-MINISTERIAL THE MINISTRY OF JUSTICE - THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT JOINT CIRCULAR No. 03/2003/TTLT/BTP BTNMT OF .!UI.Y 4, 2003 GUIDING THE ORDER AND PROCEDURES POR REGISTERING AND SUPPLYING INFORMATION ON, MORTGAGE OF, AND GUARANTEE WITH, LAND USE RIGHT AND ASSETS ATTACHED TO LAND Pursuant to the Government's Decree No. 08/20001 ND-GP of March 10, 2000 on registration of security transactions; Pursuant to the Govemment's Decree No. 17 /1999/ ND-GP of March 29, 1999 on the proceclures for exchange, transfer. lease, sublease and inheritance of the land use right as well as for mortgage of, and capital contribution with, the land use right varue; Pursuant to the Government's Decree No. 79/20011 NO-GP of November 1, 2001 amending and supplementing a number of articles of the Government's Decree No 1711999/ND-CP of March 29, 1999 on the procedures for exchange, transfer, lease, sublease and in/Jeritance of the land use right as well as for mortgage of, and capital contribution with, the land use right value; In order to ensure the uniform implementation of the legal documents on registration of mortgage of; or guarantee with, land use 1ight and assets aUached to land, a·nd to create favorable conclilions for activities of registration and infonnotion supply in this domain, tile ,Justice Ministry and the Natural Resources anci Environment Minislty /Jereb y join//y yuido the ord()r and pror;edures for registering and supplying information I. GENERAL MATTERS 1. Scope of regulation This Circular guides in detail the following matters: 1. 1. Registration of and supply of inforrnation on mortgage of, or guarantee with, land use right and assets attached to land of domestic households and individuals; and foreign organizations and individuals that, according to the provisions of law, are entitled to mortgage or provide guarantee with rand use right and . . ' assets attached to land (hereinafter referred collectively to as the registration of, and supply of information, on mortgage and/or guarantee); 1.2. Responsibilities, tasks and powers of the provincial/municipal Natural Resources and Environment Services and the People's Committees of communes, wards or district townships in the registration of, and supply of information on, mortgage and/or guarantee; 1. 3. Order and procedures for reg iste ring and supplying information on mortgage and guarantee. 2, Cases of registration of mortgage and guarantee 2.1. The following cases of mortgage and guarantee must be registered: a/ The mortgage of, or g ua ran tee with, the land use tight or with the /and use right and assets attached to land; b/ The mortgage of, or guarantee with, assets attached to land, which, as prescribed by law, are subject to the ownership n"gistration; cl The mortgage of assets allached to land other than the case prescribed at I torn h of this Point, but the parties agree to let tt1e mortgagor 01· a third party keep such assets; d/ The rnortga!-Je of ussetr; attached to land <JS sectlfity for perfonnancc of rnany obligations; Or:I'1GI/\L GA/FfTE No. !Hi (18•7··2003) el Written notices on the disposal of mortoagcd or guarnntoe assot:-,. 2.2. Cases of regi~;tration at requests: When one party m parties to contracts on guarantee with assets attrn~hcd to land, tt1at do not fall within one of the cases prescribed at Point 2.1 of this Clause, request, such guarantee shall also be registered. 2.3. Assets attached to land prescribed in this Circular are immovable assets, including: a/ Dwelling houses, other construction works attached to land; b/ Assets attached to dwelling houses or other construction works spt'.'sified in Item a of this Point in cases of mortgage or guarantee, including dwelling houses, other construction works and such assets; c/ Perennial tree gardens, forests; di Other assets attached to land. 3. Responsibilities of parties to mortgage or guarantee contracts in the registration Parties to mortgage or guarantee contracts shall have to take self-responsibility for the truthfulness of con tents declared in registration applications, registration dossiers and the legality of mortgage or guarantee contracts. If the parties inscribe in the registration applications untruthful contents or contents inconsistent with agreement in the mortgage or guarantee contracts, or commit acts of forging dossiers, they shall have to pay compensations to damage suffering parties according to the provisions of law. 4. Responsibilities of mortgage and guarantee registries The mortgage and guarantee registries defined in Clause 1, Section 11 of this Circular have the responsibility: 4 1. To register in an accurate manner valid applications strictly according to their contents already declared by the registration requesters accordin~J to the prov is ions of th ii; Ci rcul::, r. If in accu rnte registration causes damage, compensations therefor must be made accordi11~1 to the provisions of law: 4 J. To carry out the registration c1nd supply information on rnmtg age and guarantee strictly accmding to tl1t, order, procedures and time lirnits pr11scribed in this Circulm; 4.3. To refrain from requesting parties to mortgage or guarantel-, co1 itracts to submit any papers other than those prescribed in this Circular. 5. Registration requesters Mortgage or guarantee regisfration requesters mentioned in this Circular are the following persons: 5.1. Mortgagors and mortgagees: 5.2. Guarantors and guarantees; 5.3. New mortgagors, new guarantors or new mortgagees, new guarantees in case of change of one of the parties prescribed at Points 5.1 and 5.2 of this Clause; 5.4. Persons authorizationd by one of parties to mortgage or guarantee contracts or by all of them. 6. Declarers of registration applications Mortgagees, guarantees or persons authorizationd by mortgagees or guarantees shall·make declarations in registration applications. 7. Legality of the mortgage and guarantee 7.1. Mortgage or guarantee contracts already registered shall be legally valid to the third party as from the time of reqistration till the date of registration deletion. In cases where tile contract-•signing parties transfer tile land use right or purchase and/or sell assets attached to land, which are currently mortgaged or used in guarantee and have been registered, the mortgagees or gunn:mtees shall still have the right to dispose such assets to disctrnrge due obligations which the rnortuanors m guarantors fail to perform or improperly pmform. Tllis fHE1Gcriplio11 r,hall not apply to mortgaged or !JUC:ffc11ltee ossets being good~; circulated in the No. 95 ('l!l--/-2003) OFFICIJ\I (~1,ZFI lT production or business process 8ccording to tlw provisions at [Joint b, Clause ·1, Article 17 of U1e Government's Decree No. 166/1999/N 0-C P of November 19, 1 999 on ser:urity trnn sactions. Before signing contracts on transfer of land use rig ht, purchase of dwelling houses or conducting other transactions related to land use right, assets attached to \and, \he parties should request the registries in the localities where exist the land or assets attached to land, to supply information on such assets according to the provisions in Section IX of this Circular. l.2. Time of registration is the time when the registries receive valid registration dossiers For case of add\t\ohal reg-\strat\on of mortgaged or guarantee assets, the time of registration of such asset portions shall be the time when the registries receive valid additlonal registration dossiers. !n cases where the assets currently used in mortgage or guarantee are replaced with the land use right or the land use right and assets attached to land, the parties shall request the deletion of old registration and making of new registration {considered as first time registration). In these cases, the time of registration shall be the time when the registries receive new valid registration dossiers. A valid dossier must comprise all the papers required for each case prescribed in Clause 2, Section I 11; Poin I 2 .1, Clause 2, Section IV; Clause 1 , Section V; Clause 1, Section VI; Clause 1, Section VI! and Clause 1, Section IX of this Circu!ar. Valid applications for registration or information supply are those with all declaration contents being filled in as guided in the application forrn. 7. 3. Time of registering mortgage or guarantee sha II serve as basis for determining tt1e priority order of payment among mortgagees of or guarantees with the same asset. rrogi stered rnortuage or· gua(antee contents; requesters for correction of erTors in mortgage or guarantee reg iz;trati on applications sh al I 11 a vc to pay the rr-'gittrntion fpr, 8.2. Orgrn1izations and individuals requesting the supply of information on mortgage and/or guarantee shall have to pay information supply charge. 8.3. The fee mid charge rates and contents related to the registration fee and mortgage and/or guarantee information supply charge shall comply with Joint Circular No. 33/2002fTTL T /BTC-BTP of April 12, 2002 of the Finance Ministry and the Justice Min is try guiding the regime of collection, remittance, management and use of the fee for registration of. and 1he charge .for supply of inforrnation on, security transactions and financial-leasing assets. 9. Forms for registration of, and supply of information on, mortgage and/or guarantee Requesters of registration of, or supply of information on, mortgage and/or guarantee must use the application forms for registration or information supply; the registries must use books of receipt of security transact ion registration dossiers, security transaction registers and other papers made according to the forms promulgated together with this Circular (not printed herein). The Justice Ministry shall have to uniformly manage and guide the use of various prescribed forms for registration or supply of information on mortgage and/ or guarantee. II. AGENCIES REGISTERING MORTGAGE OF, ANO GUARANTEE WtTH, LANO USE RIGHT AND/OR ASSETS ATTACHED TO LAND 1. Agencies registering the mortgage of, and 8. Registration fee, cha1·ge fo"i" supply of gllarantec with, land use right and/or assets information on mortgage and guarantee attach<~d to land 8.1. MoItgage or qumantee registration requestei :;: ·1. ·1. I Ile I\Jatural Hesources and Environ mt;11t requesters for 1·egist1·alion of cl,ange in already Services of thr~ localities where exist land and assets 01-TICIJ\L. C:;AZETiE attached to land me competent to 1·egis\er rn1d supply information on mortgage and guarantee in C8.SCS wl10t\, mortgagors or guarantors a1·e ornanizations. i. 2. The People's Committees of communes, wards or district townships where exist land and assets attached to /and are competent to register and supply information on mortgage and fJUarantee in cases where mortgagors or guarantms are households or individuals. 2. Tasks and powers of provincial/municipal Natural Resources and Environment Services and the People's Committees of communes, wards or district townships in the mortgage and guarantee registration 2.1. To carry out the mortgage or guarantee registration in the cases prescribed in Clause 2, Section I of this Circular; 2.2. To carry out the registration of changes in the already registered mortgage or guarantee contents; 2.3, To issue the originals of registration applications already certified by the competent registries to the registration applicants. To issue copies of registration applications already certified by the competent registries to the parties to mortgage or guarantee contracts at their requests; 2.4. To delete mortgage and guarantee registrations; 2.. 5. To make registration of written notices on the disposal of mortgaged or guarantee assets; 2.6. To decide on the cancellation of the mortgage or guarantee registration according to the provisions in Section VIII of tl1is .Circular; 2.7. To correct errors in mortgage or guarantee ·egistration contents; 2 8. To collect the mort~F1ue 01· guarm1tee ·egistration fee; a/ They do not fall under their mortqage and ~Juarantee mgi~;tering competence; 1)/ The dossiers ot mortgage or guarantee registratio11 are incomplete; papers are invalid; c/ Mortgage m guarantee registration applications fail to fully declare contents which must be declared according to the forms promulgated together with this Circular (not printed herein); d/ Mortgage or guarantee registration requesters fail to pay the registration fee; el The law-prescribed conditions for mortgage of, or guarantee with, the land use right are not fully met 2.10. To archive and preserve the ~lready registered dossiers, documents und information. 3. Tasks and powers of the provincial/municipal Natural Resources and Environment Services and the People's Committees of communes, wards or district townships in the supply of information on mortgage and guarantee. 3.1. To supply information on the already registered mortgages and guarantees at requests of organizations and individuals; 3.2. To collect information supply charge; 3,3. To refuse to supply information in the following cases: a/ The applications for information supply fail to fully declare or improperly declare the contents which must be declared according to the form promulgated together with this Circular (not printed herei~); b/ Information supply requesters fail to pay the information supply charge. Ill. ORDER AND PROCEDURES FOR REGISTERING MORTGAGES OF, OR GUARANTEES WITH, LANO USE RIGHT AND/OR ASSETS ATTACHED TO LAND ?.9. To refuse to re~1i1,tH 1r1or1rianeR or nuarantees 1. nefore req11estinp the mqistration of mortqarw n the followiniJ ca,;f11,: of, 01 guar;,rntee with, land use ri(Jl1l and/or assut~; 01'.F!Cl/\l.. GJ.\i'.ETTI: ;.1\tachtod to land, the contr~1c\f,; 011 11101-l!:iane ur 01 guarantee with \and use righl and/or assets aHached lo land must be notarized if it is so an reed by the par ties or so prescribed by law. 2. Dossiers for mortgage or guarnntee registration shall be submitted at the mortgage and guarantee registries according to the following regulations: 2.1. For registration of mortgage of, or guarantee with, land use right or registration of mortgage of, or guarantee with, land use right and assets attached to land, each registration dossier comprises: al The application for registration of rnortgage of, or guarantee with, land use right and assets attached to land (03 copies): letter of authorization for cases where the registralion requester is an authorized person; bl The contract on mortgage of land use right or land use right and assets attached to land (02 copies), or contract on guaranteewith land use right or land use right and assets attached to land (03 copies); cl The land use right certificate or certificate of dwelling house ownership and residential land use rig ht for case of mortgage of, or guarantee with, the right to use residential land and dwelling houses in urban centers; d/ The extract of the cad astral map (for areas where cadastral maps have been made) or the cadastral measurement extract (for areas where cadastral maps have not yet beeri made) for cases where the concerned land plot is not shown in the land use right certificate or certificate of dwelling house ownership and residential land use right; el Land rent payment vouchers (for case of land leased by the Stnte). 2.2. For registration of mortgage of, m guarantee with, assets attached to land, each registration dossier comprises: al The application for mortgage or gucmJ11!0e registration (03 copies); lotter of m1thorization for cases where the rcgi:,tration requester is an authorized persoII; b/ Ce r lificatt~ uf uw11 e rnh i fJ uvc 1· as seb attached tc hmd tor cases where the law pret,cribes that such c:issets are subject to the ownersl1ip rerJistration. 3. Upon 1er.:riiving 111ongage or ~Juarantee registration dossieI·s, registration officials shall have to check whether the applications fa\\ under their agencies' competence or not, and examine tl1e completeness and validity of the registration dossiers. If the mortgage or guarantee registration is under t11eir competence and the dossiers are valid, the registration officials sh al I request the dossier submitters to pay the registration fee; record the time of dossier receipt (minute, hour, day, month, year) in the reqistration applications; make entries in the registration dossier reception books and give the registration requesters slips of appointment for the return of registration results in case of direct return thereof. When there exists one of the grounds for registration refusal defined at Point 2. 9, Clause 2, Section 11 of th is Circular, the registration off\c\als sha\\ ref use lo make registration and guide the registration requesters to strictly observe the regulations. 4. Within seven (7) working days after receiving valid dossiers, the registries sha\\ have to perform the following: 4.1. Verifying land use papers and conditions for mortgage of, or guarantee with, the land use right according to the provisions of law. If the mortgage or guarantee conditions are fully met, they shall certify the verification results in the mortgage or guarantee contracts. If the mortgage or guarantee conditions are not fully met, they shall have to notify such to the registration requesters; 4.2. Making entries in th,., security transaction registers for cases where the rnorlgage or guarantee registration conditions a re fully met. In case of mortgage of m guarantee with, land use right or land use right and assHts attached to land, tlley shall, together with making entries in the sec111"ity transaction registers, helve lo make entr"ies ill !11e lci11u administI·ation books and t11e books for rnonilorin9 k-md changes according OFF'IC!AL G/ILS:l"IE to guidance inscril)(,d therein; 4.3. Certifying tt1e mortiJage or guarantee registration in the reyislration ;,1pplications; 4.4. Keeping one (01) copy of the rnorlga9e or guarantee registration application, sendin9 one copy thereof to the Nation a I r~ eg is try of Security Transactions, and returning another directly or by mail to tile registration requester together with the contract and other papers prescribed in Clause 2 of this Section. IV. REGISTRATION OF CHANGES IN THE ALREADY REGISTERED MORTGAGE OR GUARANTEE CONTENTS 1. Cases where changes in the already registered mortgage or guarantee contents must be registered 1.1. Change of one of the signatories to a mortgage or guarantee contract, except for case of change of the mortgagor or the guarantor with land use right prescribed in Item b, Point 3.1, Clause 3 of this Section; change of names, addresses, identity card or passport serial numbers, business registration numbers, establishment or investment license serial numbers of one party or the parties to mortgage or guarantee contracts; 1.2. Partial withdrawal of mortgaged or guarantee assets being the land use right or assets attached to land; 1. 3. Re placement or addition of mortgaged or guarantee assets being assets attached to land; 1.4 Change of the payment priority order upon tl1P. disposal of mortgaged or guarantee assets; 1. 5. Completion of construction works, or new planting of perennial tree gardens or forests under th£~ ownership of rnortgHgors or guarantors {for cast: of mortgage of, or guarantee with, assets to be f orrned i 11 HKi future). 2 0 rder and procedures for reg istel"ing cha 119es i 11 the al ready registered mori{Jage or guarantee cont(~r ,ts '.--'. ·1. f-?eqtJ{-;sl<irs nf registn=1!ion of changes in \hr, already mgistercd rnortgage or guarantee contents shall m1bmit regit,trrition dossiers at the agencies where such rnort~Jage or uucJtantee has been registered. Each 1·cgis1T;.llio11 do,;;~icr comprises: a/ The application for registration of changes in the already registered mortgage or g ua ran tee contents { 03 copies); and letter· of authorization for cases where the registration requester is an authorized person; b/ Asset ownership certificate if the law prescribes that such assets are subject to the ownership registration, for the cases prescribed at Points 1, 3 and 1.5, Clause 1 of this Section. 22. The dossier reception sha!J comply with the provisions in Clause 3, Section 111 of this C ircu la r. 2.3. Within seven (7) working days after receiving valid dossiers, the registries shall have to perform the following: al Verifying asset ownership certificates, contents of applications for registration of changes in the already registered mortgage or guarantee tontel'.lts, and comparing them with the registration dossiers kept at the registries. If the conditions for registration of changes in mortgage or guarantee contents are fully met, they shall make entries in the security transaction books and give certlfications in the registration applications. If registration conditions are not fully met. they shall notify such to the registration requesters. In cases where the registration of changes in the already registered mortgage or guarantee contents leads to changes in contents inscribed in the land administration books or the books for monitoring land t;:hanges, t)1ey shall, together with making entries the security transaction registers, have to make entries in the land administration books and tho books for monitoring land changes according to guidance inscribed therein; b/ Keeping onr~ (01) copy of the application for rngistration of changes in the i.llready mortgage or uuanmtee contents, ~.ending one copy thereof to the National Reg is try of Se"urity Transactions, and rdurninn anothm di redly m by mail lo tlle r-e9istration N(). '.l!, (18••7-2003) ( J~TICII\L CAi'.Fnr I·e(1uoster together witl1 the pnpcr,; pnJc;crib(Jd in llc)rn b, I:'oint 2.1, Clause 2 o1 thls s~idirn1. 3. Cases of changes in the alref1dy registered rnu1tyd.ge or guarantee cuI1lenb sUbJecl to th, lll~W registration ::i.1. Cases subject to the new registration: a/ Replacement or addition of mortgaged or guura11tee assets being the !and use right: bl Change of land use right mortgagor~, or guarantors. 3.2. For the cases prescribed at Point 3.1. of this Clause, the old registrations must be deleted before new on~s are made. The new registration shall be made according to the order and procedures prescribed in Section Ill of this Circular. V. ORDER AND PROCEDURES FOR DELETING REGJSTRATIONS OF MORTGAGES,OF, OR GUARANTEES WITH, LAND-USE RIGHT AND/OR ASSETS ATTACHED TO LAND 1. Mortgage or guarantee registration deletion requesters must submit applications therefor (3 copies) at the agencies where the mortgage or guarantee registration has been made. In cases where the registration deletion requesters are authorized persons, letters of authorization are required. 2. The dossier reception shall comply with ·the provisions in Clause 3, Section Ill of this Circular. 3. Within three (03) working days after receiving valid dossiers, the registries shall have to delete the mortgage or guarantee registrations from the security transaction registers. In cases where security assets are land use right or land use rigt·1t and assets attached to land, tl1e registries st1all, toriether witt1 the deletion of the mortgage or guarantee regi::strations from the security transaction register·s have to delete tlie mortgage or guarantee regi~,trations from lcrnd administration bocks and books for monitming land change:,,. ·;-hey shall also cer·tify Uu• deh~tion of the iT,orlfJ::1nc (ii' 911,ir,mteo rf;gic;trations in the r1pplic:,Jtiorrn then,:lrn. 4. The mchival of dossiers and tl1e notification of the result of the mortgage or guarantee registration deletion sliall comply with the provisions at Point 4.4, Cluwm 4, Section Ill of this Circular. In cases where the registration deletion requester is tile mortgagor or guarantor, the registries shall send one copy of the application for mortgage or guarantee registration deletion to the mortgagee or guarantee. Registries having no conditions to copy the applications shall notify in writing the registration deletion to the mortgagees or guarantees. Vi; ORDER AND PROCEDURES FOR REGISTERING WRITTEN NOTICES ON DISPOSAL OF MORTGAGED OR GUARANTEE ASSETS BEING LAND USE RIGHT OR ASSETS ATTACHED TO LAND 1. In cases where the mortgaged or guarantee assets already registered at the registries must be disposed, within fifteen (15} days before disposing the mortgaged or guarantee assets, the mortgagees or guarantees shall have to submit the applications for registration of written notices on disposal of such assets (3 copies) at the mortgage- and guarantee-registering agencies. For cases where the registration requesters are authorized persons. letters of authorization are required. 2. The reception of applications for registration of written notices on disposal of mortgaged or guarantee assets shall comply with the provisions in Clause 3, Section l!I of this Circular. 3. Within three (03) working days aftm rer..:eIvIng valid dossiers, the registries shall have to perform the following: 3. ·1. Verifying the dossiers, making entries thereof in the SE)1;u1-ily tnmsaction r-egisters, giving certifications in applications for registration of written noticE'is on disposal of 1hu mort[)aged or guarantee assets; 3.2. Nolifyi11g in writin~J the disposal of the, OFFICIAi. (,.'11'.l:T JT mortgaged or guar,iI1tue ,.11;:;ds lr1 li10 co--rnortgaw,iet, or co-guai-antees in casei, wh()n, tll•? land use right or assets attaclied to land ar8 rnortuaged or used in guarantee to secure the perlorn,ance of many obi igation s. 3.3. The archival of do~;:,ie1s and the notification of the registration result shall comrly with the provisions at Point 4.4, Clause 4, Section Ill ot this Circular. 4. Upon the completion of the disposal of all mortgaged or guarantee m,sets, the requesters of registration of written notices on disposal of mortgaged or guarantee assets shall have to send applications for mortgage or guarantee registration deletion to the agencies where the written noticos on disposal of mortgaged or guarantee assets have been registered, so that the latter shall effect such registration deletion according to the provisions in Section Vof this Circular. In cases where only a part of mortgaged or guarantee assets is disposed, the applicants for registratlon of written notices on disposal of the mortgaged or guarantee assets shall, upon the completion of the disposal, have to send applications for registration of changes in already registered contents (withdrawal of part of mortgaged or guarantee assets) to the agencies where the written notices on disposal of mortgaged or guarantee assets have been registered, so that the latter shall carry out the registration of changes in such already registered contents according to the provisions in Section IV of this Circu!aL VII. CORRECTION OF ERRORS IN REGISTERED MORTGAGE OR GUARANTEE CONTENTS 1. When one party or parties to mortgage or guarantee contracts detect errors i 11 contents of various mortgage or guarantee registmtion applications, they shall submit written request::, for- error correction (03 copie·sr to ·the mortgage 01 gu,JI·a11tee-registering 2. f<e9ist1 di•1un nfficials shall wconi it I Hw w1 idc:11 request:., the ti111e (minute, hour, day, month, year) of n,ceipt thereof For the com,ction of (!rrors in declarations rm,de by registration requesters, tl1e time of 1egistrntion shall be the time wh(!n the reni~,tries receive v.:1lid errm r;on·ection written requests For the coneclio11 of errors in certifications made by the registries, tile time of registration shall be the time when the registries receive first-time re(Jistration applications 3. Within three (03) working days after the receipt of valid error correction written requests. the registries shall have to correct the errors and give certifications in the error correction written requests. 4. The archival of dossiers and the notification of the error correction r·esult shall comply witll the provisions at Point 4.4, Clause 4, Section Ill of this Circular. VIII. CANCELLATION OF MORTGAGE OR GUARANTEE REGISTRATION RESULTS In cases where the registries, after the mortgages or guarantees have been registered, detect the declared contents in the registration applications are untruthful or inconsistent with the parties' agreements but the parties do not request the error correction, they shall issue documents on cancellation of such mortgage or guarantee registrations and delete the registrations according to the provisions in Clause 3, Section Vof this Circular. The documents on cancellation of mortgage or guarantee registration must be sent to the mortgage or guarantee registration requesters and the National Registry of Security Transactions. IX. SUPPLY OF INFORMArlON ON MORTGAGE OF, OR GUARANTEE WITH, LAND USE RIGHT AND ASSETS ATTACHED TO LAND agencies. In cases wrw re the error correction 1. /\II mwmi;:c1tions and individuals th cit wish to requesters are authmized per:rnns, letters of inquire into information on mortg~ige of or guarantee ;,:iuthorization are r·equired with land use riqht ,md assets ottached to land tnic1y OF~iCIAL GAl.'.i!l I[: submit information supply requests at the followinn State cigencies: 1.1. The Natural Resources and Environment Services of localities where the land and assets attached to land exist, fN case of inquiries into information on mortgage m guarantee with mortgagors or guarantors being organizations; '1.2. The People's Committees of communes, wards or district townships where the land and assets attached to land exist, for case of inquiries into information on mortgage or guarantee with mortgagors or guarantors being households or individuals; 1. 3. The Natiqnal Registryof Security Transactions or its branches, in case of inquires into information on mortgage or guarantee of organizations, households and individuals throughout the country when the national data system of security transactions officially operates. 2. Information supply requesters shall have to pay information supply charge upon su bmilting information supply requests. 3. Upon receiving information supply requests, registration offJcials shall have to examine them, refer to information in the security transaction registers and inspect the charge collection; then supply available information on mortgage or guarantee according to the names of mortgagors or guarantors already recorded in the security transaction registers. Within three (03) working days after receiving valid information supply requests, the registries shall hand directly or send by mail information supply documents to the requesters. X. IMPLEMENTATION ORGANIZATION 1. This Circular take5 effect 15 days after its pub!icatim in \he OHicia\ (;a1.ette ?. Contracts on mortgage of, or guarant(➔e with, land use right nnd/or assets attached to land sinned before tt1e t~ffnetive rlatc of this Circ11lar arid still valid must also be re/Jistered according to the provisions of tllis Circuldr·. 3. ·1c1 promulgate togethe1· with this Ci1·cular the forms of re~Jistration or supply of information on rnortg;,ige or oumantee (not printed he!"ein) to be applied at the provincia!/111unidpal Natural Resources and Environment Services and the People's Committees of communes, wards or district townships in rep\ac~ment of the previously prescribed forms. 4. Contents of guidance on registration of mortgage of, or guarantee with, land use right and/or assets attached to !and in the following documents are hereby annulled: 4.1 Clauses 1 and 3, Section VJ of the General Land Administration's Circular No 1417 /1999/TT TC DC of September 18, 1999 guiding the implementation of the Government's Decree No. 17 / 1999/N D-C P of March 29, 1999 on the procedures for exchange, transfer, lease, sub-lease and inheritance of land use right, and mortgage of, and capital contribution with, land use right value; 4.2. Clause 3, Section ll o1 the Genera\ Land Administration's Circular No. 1883/2001 /TT-TCDC of November 12, 2001 guiding the forms of contract in realizing :tie land -user's rights; fom,s of contract on mortgage of land use right value and contract on guarantee with land use right value, promulgated together with Circular No. i883/2001/TT-TCDC of November 12, 2001. 5. Responsibilities of the People's Committees of the provinces and centrally-run cities for the State management over the registration of security transactions with the land use right and assets attached to land. Apart from the tasks and powers prescribed in Article/ of the Government's Decree No. 08/2000/ND CP of Mmch Hl. 2000 on registration of security transactions, tile People's Committees of the provinces anc L c;:t•ntrally -run cities performing the State management over the registration of security transactions with lc1nd use rigt1t and ;:issets attad1ed to l,:u1d in ttwir· re:,pective localities sl1all :Jlso have the followinn spcicific lrisks and powers: OFl'IC!f\f C,AZFllT No. 95 (18,.7 .200:1} S.1. To arrange officials to carry out tt1e rcnistr..,1in11 of mortgage of, 01· 9uarantee with, land use rtJht ,mdi or assets altached to land at Vi!gis\.ries in tt,eir respective locn!itim;; 5.2. To ensure material and technical facilities for the registries to organize tile registration and information supply according to their competence; 5.3. To coordinate witt1 the Natural Resources and Environment Ministry and the Justice Ministry in professionally fostering the officia Is engaged in tire work of registration of mortgage of, or guarantee witll, !and b. 1\11 y pro hlrnns a rising i 11 the course of im pie rno 11 tation of this Cirrnlar should be promptly reported to the ,Ju:;tice Minist1y and the Natural Resources and Hwironment Ministry for study and solution. Minister of Justice UONG CHU LUU Minister of Natural Resources and Environment MAIAlTRUC