Joint Circular No. 20/2011/TTLT-BTP-BTNMT guiding the registration of the mortgage of land use rights and land-attached assets

Issue nos ) 0-121llecemher 2011 (Cong Bao1I0S 655.fJ56/December 29. 20I/) Part I. LEGAL DOCUMENTS THE MINISTRIES THE MINISTRY OF JUSTICE - THE MINISTRY QF NATURAL RESOURCES ANDENVlRJJNMENr Joint Circular No. 20/20111TTLT­ BTP-BTNMT of November 18, 2011, guiding the registration of the mortgage of land use rights and land­ attached assets Pursuant to the June 14, 2005 Civil Code; Pursuant to the November 26, 2003 Land Law; Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment; Pursuant to the Government's Decree No. 83120JO/ND-CP of July 23, 2010, on registration ofsecurity transactions; Pursuant to the Government's Decree No. 181I2oo4/ND-CP ofOctober 29, 2004, on the implementation ofthe Land Law; Pursuant to the Government's Decree No. 88120091ND CP of October 19, 2009, 011 the grant of certificates of land use rights and ownership of houses and other land-attached assets; 7 Pursuant to the Government's Decree No. 93I2oo8/ND-CP ofAugust 22, 2008, defining the functions, tasks, powers and organizational structure ofthe Ministry of Justice; Pursuant to the Government's Decree No. 2512oo8IND-CP ofMarch 4, 2008, defining the functions, tasks, powers and organizational structure ofthe Ministry ofNatural Resources and Environment: and Decrees No. 1912010/ ND-CP of March 5, 2010, and No. 89120101 ND-CP of August 16, 2010, amending and supplementing Decree No. 25I2oo8/ND-CP; The Ministry ofJustice and the Ministry of Natural Resources and Environment uniformly guide the registration of the mortgage of land use rights and land-attached assetsas follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation l. This Circular guides in detail the competence, dossiers and procedures for registration of the mortgage of land use rights and land-attached assets. 2. The provision of informatica on the mortgage of land use rights and land-attached assets complies with the provisions of Chapter III of the Government's Decree No. 83/2010/ ND-CP of July 23, ?01O, on registration of security transactions (below referred to as Decree No. 83/2010lND-CP), the Ministry of Natural Resources and Environment's Circular 8 ,» F!~'IAi ::'1 rc T r t IssueOQSJ~H2jD~emb~r:.2Qll (Gong BaDI)GS 655-656/Deccmher 29,20//) No, 09/2007/TT-BTNMT of August 2, 2007. guiding the making, revision and management of cadastral dossiers (below referred to as Circular No. 09/2007/TI-BTNMT), Circular No, 17/2009/TT-BTNMTofOctober 21, 2009, on certificates ofland use rights and ownership of houses and other land-attached assets (below referre<tto as Circular No, 17!2009/TT­ BTNMT) and Joint Circular No. 69/2011/ TTLT-Br'C-BTP uf May 18, 2011, of the Ministry ofFinance and the Ministry of Justice, gllidln~ thi. collection. remittance. management and use 'dl the fee for registration of security transactions, charge for provision of information on security transactions and charge for regular use of c~tomer services (below referred to as Joint Circular No. 6lJ/lUll/TlU~HTC-f:rl'P). Artide 2. Subjects of application This Cjrcular applies to: 1. Demestic individuals, households and organizations, overseas Viernarnese, and foreign indivrduals and organizations registering the mortgage of land use rights and land-attached assetsin aer.ordance with law; 2. Agencies competent to register the mortgag~ of land use rights and land-attached assets; 3. Other organizations and individuals involved in the registration of land use rights and land-attached assets. Article 3. Cases of registration of mortgage of land use rights and land-attached assets with land use right registration offices 1. Registration of mortgage of land use rights. 2. Registration of mortgage of land-attached assets, including houses, other construction works. perennial tree gardens and planted production forests. 3. Registration of mortgage of land-attached assets to be fanned in future. 4. Registration of mortgage of land use rights together with land-attached assets. 5. Registration of mortgage ofland use rights together with land-attached assets to be formed in future. 6. Registration of change and deregistration of mortgage in the cases specified in Clauses 1, 2,3,4 and 5 of this Article. 7. Registration of written notification on the disposal of mortgaged assets in the case of registered mortgage. Article 4. Responsibilities of agencies, organizations and individuals in the registration of mortgage of land use rights and land-attached assets 1. Registration requesters shall fill in by themselves a registration dossier and take responsibi lity before law for the completeness, lawfulness, truthfulness and accuracy of information declared in the registration dossier. h~ucllu~10-121DC\:elllbeI'201l i)nlC~Al ,~r"".:'F r1F:' (Gong BaoI10S 655-6561December 29, 20 II ) 9 2. Land use right registration offices shall assure that the mortgage registration content be consistent with information in cadastral dossiers. 3. The registration of mortgage of land use rights and land-attached assets shall be reported as follows: aJ Land use right registration offices shall send biannual and annual reports on the registration of mortgage of land use rights and land-attached assets to provincial-level Justice Departments for summarization and reporting to the People's Committees of provinces or centrally run cities (provincial-level People's Committees). Biannual and annual reports shall be sent to provincial-level Justice Departments within 7 days from the end of the reporting period stated at Point c of this Clause; b/ Provincial-level People's Committees shall send biannual and annual reports on the registration of mortgage of land use rights and land-attached assets in their localities to the Ministry of Justice (with the National Office for Registration of Sec uri ty Transactions as the focal point) for summarization and reporting to the Government. Biannual and annual reports shall be sent to the Ministry of Justice within 25 days from the end of the reporting period stated at Point c of this Clause; c/ For biannual reports, the period of statistics is from October 1 of the previous year through March 31 of the current year. for annual reports, the period of statistics is from October 1 of the previous year through September 30 of the current year. 4. In addition to the tasks and powers defined in Clause 5, Article 46 of Decree No. 83/2010/ ND-CP, provincial-level Justice Departments shall assume the prime respousibiluy fur, and coordinate with the Departments of Natural Resources and Environment, Fin;Jl1l'~, Horne Affairs and other related departrrrents and sectors in: al Irregularly or biannually or annually examining local land use right registration offices in the registration and provision of information on mortgage of land use r+ghts and land-attached assets; bl Reviewing and submitting to proOvincial­ level People's Committees for promulgation a Regulation on coordinated state masagement of the registration of security transactions in localities; the process of registration and provision of information on mortgage of land use rights and land-attached assets atcording to the provisions of this Circular 011 dossiers and procedures and other relevant regulations; cl Guiding and directing the land. use right registration offices, notarization orgaaizations and other agencies, organizations and individuals ill strictly and fully complying with the law and regulations on registration of security transactions; d/ Advising provincial-level People's Committees on arranging sufficient staffs and funds for the Slate management of registration II) of security transactions in localities; equipping adequate physical facilities and encouraging application of information technology to the registration and provision of information on the mortgage of land use rights and land-attached assets; el Applying; measures to encourage organizations and individuals to actively search information on security transactions and share information on the legal status of security assets in localities. Article 5. Competence to regi ster mortgage of land use rights and land-attached assets 1. Land use right registration offices under prov incial-Ievc.l Departments of Natural Resources and Environment (below referred to as provincial-level land use right registration offices) of localities in which land and land­ attached assets are located shall register the mortgage of land use rights and land-attached assets for domestic organizations and overseas Vietnamese carrying out investment projects in Vietnam and foreign individuals and organizations. 2. Land use right registration offices under the Sections of Natural Resources and Environment of districts, towns or provincial cities in which land and land-attached assets are located or the Sections of Natural Resources and Environment of districts, towns or provincial cities in which land and land­ attached assets are located and no land usc right registration office has been established yet Issuenos l~l2.iDftmJbej-.20n (Gong Bao nos 655-656/Decelllber 29,20JJ) (below collectively referred to as district-level land use right registration offices) shall register the mortgage of land use rights and land­ attached assets for domestic households and individuals and overseas Vietnamese allowed to buy houses associated with land use rights in Vietnam Article6. Time limits for settling registration dossiers I. In case a valid registration dossier comprises a certificate granted by a competent state agency in different periods, being the land use right certificate granted under the 1987 Land Law, 1993 Land Law or 2003Land Law; house ownership and land use right certificate or house ownership certificate granted under the 2005 Housing Law; house ownership and land use right certificate granted under the Government's Decree No.60/CP of July 5, 1994, on ownership of houses and land use rights in urban areas: house ownership certificate or construction work ownership right certificate granted under the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of house or construction work ownership certificates; certificate of land use rights and ownership of houses and other land-attached assets granted under the 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and the Government's Decree No. 88/2009/ND­ CP of October 19, 2009, on the grant of certificates of land use rights and ownership of houses and other land-attached assets, land use Issue nos lO·l1JDecember 2011 (Gong Baa lias 655-6561Decembe,. 29, 2011) right registration offices shall settle registration dossiers immediately on the date of receipt thereof; for dossiers received after 15:00 hrs, they shall complete the registration immediately on the subsequent working day. 2. In case a valid registration dossier comprises any of the papers mentioned in Clauses 1,2 and 5, Article 50 of the 2003 Land Law, the mortgage registration shall be completed within 3 working days from the date of receipt thereof. 3. In case a registration dossier is submitted to a commune-level People's Committee or the one-stop-shop section for receipt of dossiers and return of settlement results at the People's Committee of a district, town or provincial city (below referred to as district-level People's Committee), the time limit for settlement of the registration dossier is counted from the date the land use right registration office receives the dossier forwarded from the commune-level People's Committee or the one-stop-shop section for receipt of dossiers and return of settlement results. 4. The time limit for settlement of registration dossiers mentioned in Clauses 1 and 2 of this Article does not include the time for carrying out procedures for granting certificates of land use rights and ownership of houses and other land-attached assets, or the time for certifying ownership of land­ attached assets on the certificates of land use rights and ownership of houses and other land attached assets. 11 Article 7. Written request for registration 1. A written request for registration must fully bear the signatures and seals (if any) of the institutional and individual parties to the mortgage contract or their authorized persons, excluding the following cases: aJ If the contract on mortgage of land use rights, contract on mortgage of house. contract on mortgage of other land-attached assets or contract on mortgage of Iand-attached assets to be formed in future has been lawfully notarized or certified, only the signature and seal of one party to the contract or authorized person are required; b/ The request for registration of change of the registered content on the mortgagee, correction of erroneous information on the mortgagee, the request for registration of written notification on the disposal of mortgaged assets, request for mortgage deregistratien already bears the signature and seal of the mortgagee; c/ The request for mortgage deregistration already bears the signature and seal of the mortgagor and the mortgagee's written agreement on the mortgage deregistration. 2. The written request for registration only needs the signature of the head of the asset management and liquidation team in case the head of the asset management and liquidation team of an enterprise falling into bankruptcy is the registration requester. Article 8. Fee for registrauon of mortgage of land use rights andland-attached assets 12 ',II I; It.'i ;~.L :f r: 1.sSll~~vs.lO-,"121D~e!T!~r~Qll (Gong Bao /10$ 655656/Dccemher 29,2(11) The rates and the collection. remittance, management and use of the fee for registration ofmortguge of lund use rights and land attached assets comply with Joint Circular No. 69/20 III TILT-BTC-BTP. Article 9. Registration fOnTIS Orgaft,zations and individuals, when registering the mortgage of land use rights and land-attached assets, shall use fOnTIS issued together ~th this Circular. Chapter II REGIS'rRATTON OF MORTGAGE OF LAND USE RIGHTS AND LAND­ ATTACHED ASSETS Section 1 REGISTRATION DOSSIERS Article 10. Dossiers of registration of mortgage of land use rights, mortgage of land use rights together with land-attached assets or mortgageof land use rights together with land­ attached assets to be formed in future The 'requester shall submit a set of the mortga&.~registration dossier comprising: 1. The written request for mortgage registration (1 original); 2. The lawfully notarized or certified contract on rnortguge ofland U3e rights, contract on mortgage of land use rights together with land-attached assets, contract on mortgage of land use rights together with land-attached asset to be formed in future (l original); 3. The certificate of land use rights and ownership of houses and other land-attached assets (1 original); 4. The construction license, for land-attached assets required by law to have construction ncense, or the approved investment project, in case of mortgage of land-attached assets to be formed in future, except the case such asset mortgage contract has been notarized or certified or such asset is not subject to construction licensing or making of investment project (1 certified copy); 5. The authorization document, in case the mortgage registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required for comparison. Article 11. Dossiers of registration of mortgage of I:md-;ltt;lched ;l<;<;f't<; in c;l<;~ owners of land-attached assets are concurrently land users 1. In case of mortgage of land-attached assets which have been certified in the certificate of land use rights and ownership of houses and other land-attached assets, the requester shall submit a set of the mortgage registration dossier comprising: al The wr itten request for mortgage registration (1 original); h/The contract on mortgag.e of land-attached • Issue nos lO-12lDecember 2011 (Gong Bao IJOS 655-656/DeceJ!1ber 29, 20JJ) assets or lawfully notarized or certified one (1 original); cl The certificate of land use rights and ownership of houses and other land-attached assets (l otigi nal); d/ The authorization document, in case the mortgage registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required for comparison. 2. In case of mortgage ofland-attached assets which have been formed but not yet certified in the certificate of land use rights and ownership of houses and other land-attached assets, the registration requester shall submit a set of the mortgage registration dossier comprising: al The written request for mortgage registration (1 original); bl The contract on mortgage of land-attached assets Or lawfully notarized or certified one (1 original); cl The certificate of land use rights and ownership of houses and other land-attached assets ( 1 original); d/ The authorization document, in case the mortgage registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document. only a copy is required for comparison; el The dossier of request for certification of the ownership of land-attached assets as 13 provided in the Government's Decree No. 881 2009/ND-CP of October 19,2009, on the grant ot certificates of land use rights and ownership of houses and other land-attached assets (below referred to as Decree No. 88J2009/ND-CP). Article 12. Dossiers of registration of mortgage of land-attached assets in case owners of land-attached assets are notconcurfefitly land users I. In case of mortgage of land-attached assets created on land leased by organizations, households or individuals or on land with land use fights contributed as capital withoutfonning new legal entity and the owners of which have been granted certificates of land Use rights and ownership of houses and other land-attached assets, the registration requester shall submit a set of the mortage registratiofi dossier compnsmg: al The written request for mortgage registration (1 original); b/The contract on mortgage of land-attached assets or lawfully notarized or certified one (1 original); cl The certificate of land use rights and ownership of houses and other lanQ-attached assets granted to the owner of land-attached assets (1 01 iginal), d/ The authorization document, in case the mortgage registration requester is an authorized person .(a certified copy), except when the registration requester produces the original authorization document only a copy is required 14 for companson. 2.In case of mortgage of land-attached assets created on land leased by organizations, households or individuals or already formed on land with laud UISt: 1 ights contributed as capital without forming Dewlegal entity and the owners of which have not yet heen granted certificates of land use rights and ownership of houses and other land-attached assets, the registration requester shall submit a set of the mortgage registration dossier comprising: a/ The written request for mortgage registration (1 original); bI The contract on mortgage of Iand-attached assets or lawfully notarized or certified one (l original); cl The authorization document, in case the mortgage registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required for comparison; dI The dossier of request for certification of ownership of land-attached assets as provided in Decree No. 88/2009fND-CPo Artjd~ 13. Dossiers of registration of mortgage of land-attached assets to be fanned in future 1. III case of registration of mortgage of Iand­ attached assets to be formed in future which are not houses bought by organizations and individuals from real estate trading enterprises under Article 61 of the Government's Decree l~ue noslO-12lDe<;ember lOU (Gong Beo nos655-656/December 29, 20 II) No. 71/201OIND-CP ofJune 23,2010, detailing and guiding the implementation of the Housing Law (below referred to as Decree No 71120101 ND-CP), in which land users are concurrently owners of such assets, the registration requester shall submit a set of the mortgage registration dossier comprising: al The written request for mortgage registration (l original); bl The contract on mortgage of land-attached assets to be formed in future or lawfully notarized or certified one (I original); c/ The construction license, for land-attached assets required by law to have construction license, or the approved investment project, except the case such asset mortgage contract has been notarized or certified or such asset is not subject to construction licensing or making of investment project (I certified copy); dJ The certificate of land use rights and ownership of houses and other land-attached assets (1 original): eJ The authorization document, in case the mortgage registration requester 1S an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required for comparison. 1. In case at registration of mortgage of land­ attached assets to be formed in future which are not houses bought by organizations and individuals from real estate trading enterprises under Article 61 of Decree No. 71f201OJND~ cr, in which land users are not concurrently ?1M 111811 ]I~;~ Issue nos 1O-l2IDecember2011 (GOng Baa flOS 655-6561December 29, 2011) owners of land-attached assets, the registration requester shall submit a set of the registration dossier comprising: al The written request for mortgage registration (I original); bl The contract on mortgage of land-attached assets to be formed in future or lawfully notarized or certified one (l original); cl The lawfully notarized or certified documentary evidence of the agreement between the land user and asset owner 011 the use of land for creation of land-attached assets (I original or certified copy); dl The construction license, for land­ attached assets required by law to have construction Iicense, or the approved investment project, except the case such asset mortgage contract has been notarized or certified or such asset is not subject to construction licensing or making of investment project (1 certified copy); el The authorization document, in case the mortgage registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required for comparison. Article 14. Dossiers of registration of change of registered mortgage contents 1. The registration requester shall submit a set of the dossier of request for registration of change of the registered mortgage content when having one of the following grounds: 'di Withdrawal, addition or replacement of 15 the mortgagor or mortgagee; bl Change of the name(s) or type(s) of enterprise of one party or parties to the mortgage contract; cl Withdrawal of some of mortgaged assets being land use rights or land-attached assets; dI Addition of mortgaged assets being land use rights or land-attached assets; el Formation of land-attached assets being assets to be formed in future. 2. A change registration dossier comprises: aJA written request for registration ofchange of the regi stered mortgage content (l original); hI The contract on the change. in case the parties agree to add or withdraw some of mortgaged assets, to withdraw, add~ replace one of the contractual parties (I original) or a competent state agency's document in case of change of the name or type of enterprise, change of one of the contractual parties under decision of a competent state agency (1 certified copy), except when the registration requester produces the original document, only a copy is required for comparison; cl The certificate of land use rights and ownership of houses and other Iand-attached assets (1 original); dI The authorization document, in case the registration requester is an authorized person (a certified copy), except the case the registration requester produces the original authorization document, only a copy is required for compari son. lleSLIS. 16 ,',IT ,'""::t\' .:,;, . n' lSSlle nos 10-12/Decemher2011 (Gong Bao1105655-656/DecclI/ber 29, 2Ui1) J. When the mortgagee in many contracts on mortgage of land use ri gh ts and Iand­ attached assets undergoes a change of type of enterprise, the registration requester shall submit a set of the dossier of request for registration ofchange for all of these contracts. which comprises: aJ The papers stated at Points a, c and d, Clause 2 of this Article; .-'--"; bl A competent state agency's document on the change of type of enterprise (a certified copy), exeepr when the registration requester produces the original document, only a copy is required for compari sun; cIA list of registered mortgage contracts (I original). 4. In.case of change of the name of the mortgagee not falling into the case specified in Clause 3 of this Article or change of the mortgagee in many contracts on mortgage of land use rights and land-attached assets, the registration req uester shall submit a set of the dossierof req uest for change of name or change of mortgagee for all of these contracts, which comprises: aJ The papers stated at Points a, c and d. Clause 2 of this Article; bl The contract on the change, in case the parties agree to change the mortgagee (1 original) or a competent state agency's document, in ease of change of name of the mortgagee or change of the mortgagee under decision ofa competent state agency (a certified copy), except when the registration requester produces the original document, only a copy is required for comparison; c/ A Jist of registered mortgage contracts (1 original). 5. In case of request for registration of change of name of the mortgagor, the registration requester shall submit a set of the dossier of request for registration of change as provided in Clause 2 of this Article and a set of the dossier of request for confirmation of the change of name in the certificate of land use rights and ownership of houses and other land­ attached assets as provided in Clause I, Article 29 of Circular No. 17/2009frT-BTNMT. Article 15. Dossiers of registration of written notification of the disposal of mortgaged assets in case ofregistered mortgage The requester for registration of written notification of the disposal of mortgaged assets in case of registered mortgage shall submit a dossier set comprising: 1. The written request for registration of written notification of the disposal of mortgage assets (1 original); 2. The written noti fication (If the disposal of mortgaged assets (l original); 3. The authorization document. in case the registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document. only a copy is required for comparison. Issue nos 1O-12lDecemberZOll :. j (Gong BaD nos655-656/Decembcr 29, 2(11) .. I.... ' .:~ , 17 2. A dossier of request for error correction aJ A written request tor error correction (l original); bl The certificate of land use rights and ownership of houses and other land-attached assets, if there is an error in the mortgage regi stration content on this certificate (1 original); comprises: 2. The certificate of land use rights and ownership of houses and other land-attached assets (I original); l . A written request for mortgage deregistration (l original); When falling into one of mortgage deregistration cases provided by law, the registration requester shall submit a deregistration dossier set comprising: Article 16. Dossier of mortgage errors. deregistration 3.The mortgagee's written consent tomortgage deregistration, in case the deregistration requester is the mortgagor (I original); c/ The written request bearing certification of the registration office, if there is ij,R error in the certification of the registered cootent (1 original); 4. The authorization document, in case the registration requester is an authorized person (a certified copy), except when the registration requester produces the original authorization document, only a copy is required tor comparison. dJ The authorization document, in case the error correction requester is an atifhorized person (a certified copy), except thecase the registration requester produces the .original authorization document, only a copy is required for comparison. Article 17. Dossiers of request for correction of errors in mortgage registration content due to registrants Section 2 REGISTRATION PROCEDURES 1. In cast" of eletectine jn3ccllr:lt~ or incomplete registration certification content or no certification on the written request for registration, the certificate of land use rights and ownership of houses and other land-attached assets, the registration requester shall submit a set ofa dossier of request for correction of errors to the land use right registration office which has carried out the registration, for correcting Article 18. Submission of registration dossiers 1. The registration requester being an indi vidual, a household or an overseas Vietnamese allowed to buy houses associated with land use rights shall submit a registration do ssi er to the district-level Janel lise right registration office of the locality in which exist • 18 the land and land-attached assets. 2. The registration requester being a domestic organization or an overseas Vietnamese carrying out an investment project in Vietnam, or a foreign individual or organization shall submit a registration dossier to theprovincial-level land use right registration office of the locality in which exist the land and land-attached assets. 3. In case of mortgage ofland use rights and land-attached assets in rural areas, domestic households and individuals may choose to submit the dossiers to either the district-level land use right registration office or the commune-level People's Committee of the locality in which exist the land and land­ attached assets. For dossiers submitted to commune-level People's Committees, within 3 working days, commune-level People's Committees shall forward them to district-level land use right registration offices. Article 19. Receipt of registration dossiers 1. Upon receiving a registration request do<;sier, th~ re.gistnmt sh;1I1· a/ Check the validity of the dossier. If the dossier is invalid, the dossier recei ving officer shall refuse to receive it and guide the registration requester to comply with regulations; bI Write the time of receipt of the dossier (minute, hour and date) on the dossier receipt Issue h(),~ 1O.l2/Derember 2011 (Gong BaaHOS 655-6561December 29, 20lJ j card, then Sign and wrtte his/net name In the section for dossier-receiving officer; c/ Make entry in the book of receipt of dossiers ofregistration of mortgage ofland use rights and land-attached assets; dl Issue the dossier receipt card to the registration requester 2. In case a registration request dossier is submitted to the one-stop-shop section for receipt of dossiers and return of settlement results of the district-level People's Committee. the dossier-receiving officer shall forward the dossier to the land use right registration office immediately on the working day for handling under Clause 1 of this Article. Article 20. Registration of mortgage. registration of change, registration of written notification, deregistration 1. Upon receiving a registration request dossier, the land use right registration office shall check the dossier. 2.lfhaving a ground for refusing registration under Clause 1, Article 11 of Decree No. ~U/ 20 WIND-CP, the Iand use right regi stration office shall issue a written refusal and transfer it together with the dossier to the dossier­ receiving section for returning it to and guiding the registration requester in complying with regu lations. 3. If having no ground for refusi ng registration, within the prescribed time limit stated in Article 6 of this Circular, the land use , ~ . " " .:.' . Issue nos lO-12JDecember2011 :jF~ lC),ii] : >~o.? rTn: (Gong Bao nos655-6561December 29,20JJ) 19 right registration office shall certify the registration of the mortgage, the change or the written notification or the deregistration in the written registration request, and: aJ For the case of registration of mortgage of land usc rights and land-attached assets, the land use right registration office shall write the mortgage registration content in the certificate of land use I ights and ow nersui p of houses and other land-attached assets, the cadastral book and the hook for monitoring land developments according to law; bl FOT the case of registration of change of registered mortgage content, the land use right registration office shall revise the mortgage registration content in the certificate of land use rights and ownership of houses and other land­ attached assets; the cadastral book and the book for monitoring land developments according to law; c/ For the case of registration of written notification uf the disposal of WOf [gaged assets, the land use right registration office shall write rhe registration of written noti fication of the disposal of mortgaged assets on the cadastral book and the book for monitoring land developments and notify in writing the disposal of mortgaged assets £0 the co-mortgagees already registered, in case land usc rights and land-attached assets are used to secure many obligations; dJ For the case of mortgage deregistration, the land use right registration office shall write off the registration in the certificate of land use rights and ownership of houses and other land­ attached assets, the cadastral book and the book for monitoring land developments according to law. 4. In case of registration of mortgage, registration of change, registration of written notification, deregistration of mortgage ofland­ attached assets to beformed in future the owners of which are not concurrently land users, the land use right registration office shall only write the registration content in the written request for registration, the cadastral book and thebook for monitoring land developments under Clause 3 of this Article. Article 21. Procedures for registration of mortgage of land use rights and land-attached assets in case registration dossiers contain one of the papers specified in Clauses 1, 2 and 5, Article 50 of the 2003 Land Law 1. In case households and individuals have one of the papers specified in Clauses 1,2 and 5, Article 50 of the 2003 Land Law, they shall submit a set of the mortgage registration dossier as guided in Articles 10, 11,12 and 13 of this Circular (the certificate is not required) and a set of the dossier of application for a certificate of land use rights and ownership of heuses and other land-attached assets provided in Decree No. 8812009/ND-CP to the land use right registration office for registering the mortgage and submitting the dossiers to a competent state agency for granting the certificate. 2.After reed ving a valid dossier forwarded 7].~ ':r~~, 1£ • Ii BilL HIlir ~ 20 ,I ~ ieiA' j:... 'F;T'" IssucnosJO-L2ID~cembe...r20lJ (Gong Bao II(lS 655~656!De(elHber29, 20II J from the dossier-receiving officer, the land use right registration office shall: af Certify the mortgage registration il1 the written request for mortgage registration and return the registration result under Article 27 of this Circular; hI Carry out procedures for grunting a certificate of land use rights and ownership of houses and other land-attached assets under law. 3. After a competent state agency grants a certificate of land use rights and ownership of houses and other land-attached assets, the land use rignt registration office shall write the mortgage registration content in such certificate, the cadastral book and the book for monitoring land developments, and hand ovet the certificate to the ~stration requester. 4. In case the applicant for a certificate of land use rights and ownership of houses and land-attached assets is ineligible under law, the land use' right registration office shall cancel the mortgage registration and notify in writing the registration requester thereof and is not liable to pay compensation for damage under Article 4Yat Decree No. g3/2010/ND-CP. Artide 22. Registration of mortgage of land­ attached assets already formed but not yet certified in certificates of land use rights and ownership of houses and other land-attached assets L Within the time limit specified in Article 6 of this Circular. the land use right registration office shall: af Certify the mortgage registration in the written request for mortgage registration and return the registration result under Article 27 of this Circular; hi Carry out the procedures for certifying the ownership of land-attached assets in the certificate of land lise rights and ownership of houses and other land-attached assets according to law. 2. After a competent state agency certifies the ownership of land-attached assets in the certificate ot land use rights and ownership of houses and other land-attached assets, the land use right registration office shall write the mortgage registration content in the certificate of land use rights and ownership of houses and other land-attached assets, the cadastral book and the book for monitoring land developments, and return such certificate to the registration requester. 3. In case the land use rights have been mortgaged and registered before the ownership at land-attached assets is certified in the certificate of land use rights and ownership of houses an d other la nd attach cd assets, the registration requester is not required to have the land use right mortgage dercgistered when carrying out the certification of the ownership of assets in the granted certificate of land usc rights and ownership of houses and other land­ attached assets. 4. In case the mortgage of land-attached assets bas been registered under Clause J of this Article but the requester is ineligible for Issue nos 10-12IDecember 2011 " .: r , r ic. i -J' ,~;: n (e (Cong Saonos655-656/December 29, 2()J1) 21 ownership certification, the land use right registration office shall cancel the mortgage registration result and notify in writing the registration requester thereof and is not liable to pay compensation for damage under Article 49 of Decree No. 83120 lOIND-CP. Article 23. Registration of mortgage in case of addition of the value of secured obligations 1. In case of addition of the value of the secured obligation for which the contractual parties sign a new mortgage contract which is independent from the registered mortgage contract, the registration requester shall register the new mortgage and is not required to have the old mortgage deregistered, 2. In case of addition of the value of the secured obligation for which the parties sign a new mortgage contract in replacement of the registered mortgage contract, the registration requester shall have the old mortgage deregistered and register the new mortgage. 3. In case of addition of the value of the secured obligation without supplementing a mortgaged asset and the contractual parties sign an additional or a supplementary contract and a contractual annex to add or supplement the registered mortgage contract. the parties are not required to register the change with regard to such additional or supplementary document. Article 24. RegislJ<.tlioll of change in case of change of name of mortgagor In case the registration requester submits a dossier of registration of change of the name of the mortgagor together with a dossier of request for certification of change of the name in the granted certificate, the land use right registration office shall certify the change in the certificate of land usc rights and ownership of houses and other land-attached assets and the cadastral dossier before carrying out one-stop-shop procedures for registering change of the mortgage content. Article 25. Revision of mortgage registration content in certificates of land use rights and ownership of houses and other land­ attached assets, cadastral books and books for monitoring land developments The land use right registration office shall record and revise the mortgage registration content in the certificate of land use rights and ownership of houses and other land-attached assets, the cadastral book and the book for monitoring land developments under the guidance in the Ministry of Natural Resources and Environment's Circulars No. 09/20071TT­ BTNMT,No. 17/2009nTBTNMT andNo. 201 2010ITT-BTNMT of October 22, 2010, additionally providing for certificates of land use rights and ownership of houses and other land-attached assets. Artidf' 26. Com-r-tion oferrors in mortgage registration due to registrants l , In case the registrant detects by himself/ herself in a cadastral dossier an en-or in the....' . . " ~ ~... . . ',.' .' 21 :If {j~:(A! ,;A, F lH: k<;uenoslO-12/December2011 (Cong Bao I/OS 655-656/Di'i;clliher 29,20/ /) registered content due to his/her fault, he/she shall promptly report it to the head of the land usc right registration office or the director of the di strict-Ieve] Natural Resources and Environment Section (in a locality in which no land usc right registration office has been established yet) for consideration and decision to correct information in the cadastral dossier and send a written notification of the correction to the registration requester according to the address stated in the registration request. 2. Incase the land use right registration office receives a written request for correction of an error detected by the registration requester, within t~ time limit stated in Article 6 of this Circular, the registration office shall: aJ Correct the erroneous information in the registrarioo content in the certittcate or land use rights and ownership of houses and other land­ attached assets, the cadastral book and the hook for monrtoring land developments, if there is an error in the certificate; bl Give certification in the written request for error correction; cJ Issue a document on the correction of erroneous information in the registration conteru in the written request. if there is an error in the written request 3. The correction of an error due to the fault of the registrant does not change the time of mortgage registration and the registration requester does not have to pay any fee for such correction. Article 27. Return of registration results L The registration requester shall directly receive the registration result at the land use right registration office or the one-stop-shop section for receipt of dossiers and return of settlement results of the district- level People's Committee upon producing the s lip of appointment for receiving the settlement result and the registration fee receipt. In case the registration requester and the land use right registration office reJch :\grePHw.nt on the method of returning the registration result, such agreement shall be complied with. 2.The land use right registration office shall return to the registration requester the following papers: ;lfThp written rcrplt"st for registration hearing the certification of the land use right registration office (1 original); bl The certificate of land use rights and ownership of houses and other land-attached assets bearing the content of mortgage registration, registration of change, deregisrrauon or error correction (I VI igi 11i.11)~ cIThe document on the correction of an error in the registration content (l original), in case the registrant detects by himseltlhersel f an error in the cadastral dossier due to his/her fault, or the document on the correction of an error in the registration content and the written request for registration bearing the certification of the registration office at fault (I original). in case 111e registration requester detects all error and Issue nos lO-l2IDecember lOll UFTIC IAl GAZETTF (Gong BaD !IOJ 655-656!Decembcr 2Y, 20]JJ 23 makes a written request for correction. 3. In case the land USe right mortgage registration is carried out concurrently with the grant of a certificate of land use rights and ownership of houses and other land-attached assets under the land law, the land use right registration office shall return the written request for registration bearing the certification of the mortgage registration office to the registration requester. After granting such certificate, the land use right registration office shall return the granted certificate to the registration requester. 4, In case the registration requester submits ;1 rlo<;sipr and r~ceive<; the registration result at the commune-level People's Committee, within 3 working days after completing the registration, the land use right registration office shall send the registration result to the commune-level People's Committee tor returning the result to the registration requester. Article 28. Preservation of registration dossiers 1, A preserved dossier of mortgage registration comprises: a/The written request forregistration bearing the certification of the registrauon agency (a copy); b/ TIle llIortgagt: conuacr (l original), c/ The certificate of land usc rights and ownership of houses and other land-attached assets bearing the mortgage registration certification or the document proving the agreement between the land user and asset owner on the use of land for creation of Jand­ attached assets, in case of registration of murlgagc: uf land-attached assets to be fonned in future while the asset owner is not currently land user (I copy); dJ The document of authorization, in case the mortgage registration requester is an authorized person (1 copy or certified copy), :2. A preserved dossier of change registration comprises: a/The written request for change registration bearing the certification of the registration agency (a copy); bi The contract on the change (a copy) or another document evidencing the changed content (a copy or certified copy); cl The certificate of land use rights and ownership of houses and other land-attached assets bearing the certification of the changed content, in case the changed content has been written in the certificate (a copy); dJ The document of aurhorizatten, in case the registration requester is an authorized person (l copy or certified copy) 3. A preserved dossier of mortgage dercgistrution comprises: ai The written request for deregistration bearing tIle cerrifi carion of tile 1egi stration agency (a copy): b/ The certificate of land usc rights and ownership of houses and other land-attached " V1mWALAW&L !q I'-..::Al C;,A C[ I' JssuenoslO-12/Dccembcr2011 (eong Bso 110.\ 655-656/DecfIIlher29. 20]]) a~:-,et~ bealing the certi Ilcarion of mortgage deregisirati on, ct The mortgagee's written consent (0 mortgage deregistration in case the requester is thf' morrga gor (I original); dl The document of authorization, in case the registration requester is an authorized person (1 copy or-certified copy). 4. 1\ preserved dossier of registration of written noaficatio» of the disposal of mortgaged assets c6mprises: aI T~ written request for registration of written notification b~;;)rine the certification of the registration agency (a copy); hI The written notification of the disposal of mortgaged assets (l original); cl Tile document of authorization. in case the registration requester is an authorized person (l copy OJ certified copy). 5, A preserved dossier of error correction comprises: aI The written request for error correction bearing thp certification of the registration agency (:1 copy); hi The certificate of land use rights and ownerstrtp of houses and other land-attached assets containing an error (a copy); cJ The written request for registration containing an en-or (a copy); d! The document of authorization. in Case the registration requester is an authorized person (l copy or certified COP). Chapter III IMPLEMENTATlON PROVlSIONS Article 29. Effect I. This Circular takes effect on January IS, 2012. 2. Promulgated together with this Circular are the following forms: aJForm No. OlIDKTC: Written request for registration of mortgage of land use Tights and land-attached assets: bl Form No. 02/DKTC: Written request for registration of change of registered mortgage content; c/ Form No. DJ/XDK: Written request for deregisuation of mortgage of land use rights and land attached assets; dI Form No. 04IDKVB: Written request for registration of written notification of the disposal of mortgaged assets; el Form No. 05ISCSS: Written request for error correction; fl Form No. 06IBSTS: Additional page on mortgaged asset; gl Form No. 07/BSCB: Additional page on parties to mortgage contract; hi Form No. 08/DMHDTC: List of registered mortgage contracts il Form No. 09!STN: Register of receipt of dossiers of registration of mortgage of land use rights and land-attached assets. 3 This Circular replaces the following .. Issue nos 1O-l2JDecember2011 iiF' iC. i /" ,~ (\1 f T I r· (Cong Bao 1105 655 ·656/Decerllber 2e;. 20JJ) circulars: a/ Joint Circular No. 05J:}005/TfLT~BTP­ BTNMT of June 16, 2005, of the Ministry of Justice and the Ministry of Natural Resources and Environment, guiding the registration of mortgage and guarantee with land use rights and land-attached assets; b/ Joint Circular No. 03/2006fITLT-BTP­ BTNMT of June 13, 2006, of the Ministry of Justice and the Ministry of Natural Resources and Environment, amending and supplementing a number of provisions of Joint Circular No. OS/2005rrTLT-BTP-BTNMT; c/ Joint Circular No. 06/201OnlLT-BTP­ BTNMT of March I, 20 10, amending ~nd supplementing a number of provisions of Joint Circular No. OS/200SrITLT-BTP-I3TNMTand Joint Circular No. 03/2006/TTLT-BTP, BTNMT. Article 30. Transitional provisions 1.In case a registration requester has a land use right certificate granted under the 1987 Land Law, the 1993 Land Law or the 2003 Land Law; or a house ownership certificate granted under the 2005 Housing Law; or a certificate of house ownership and land use rights granted under Decree No. 60/CP; a certificate of ownership of houses or construction works granted under Decree No. 95/2005fND-CP and has no demand for changing it into a certificate of land usc rights and ownership of houses and other land-attached assets under the 1009 Law Amending and Supplementing it Number of Articles of Laws Concerning Capital Construction Investment and Decree No. 88/ 2009/ND~CP, he/she may use such certificate instead of a certificate of land use rights and ownership of houses and other land-attached assets under this Circular. 2. In case a credit contract con~ terms on mortgage of land usc rights aftId land­ attached assets or a contract on mortgage ofland use rights and land-attached assets is signed before or at the same time with a credit contract, within 5 working days after signing tile credit contract, either party or both parries to the mortgage contract shall submit a mortgage registration dossier. In case of failing to request registration within the above time limit due to the fault of the requester, the land use right registration office shall still carry out the registration but request the registration requester to take responsibility under the law on sanctioning of administrative violations related to land. 3. In case a registration requester registered the mortgage of land use rightS and land­ attached assets before the effecti ve date of the 2009 Law Amp-nding and Supplementing a Number ofArticles of Laws Concerning Capital Construction Investment and Decree No. 88/ 2009/ND-CP, but now wish to change his/her certificate into a certificate of land use rights and ownersrup ot houses and other land­ attached assets, he/she is not required to have the mortgage deregj stered. After completing procedures for changing into a certificate of laud I •IOR . .' ,~'", '0 LAWall 26 OFFICIAL GA. T TTf Issue nos lO-12/December 2011 (Cong Rio no.\ 65S-65(;/Dl.'cemhcr 29. 2()J J) use rights and ownership of houses and other land-attached assets under law, the land usc right registrarion office "h~lll write the mortpaz-p: registration content from the old certificate into the certificate of land use rights and ownership of houses and other land-attached assets. 4. The.land uSC': righf regi strat 1(l\1 offices may further us~ the registers of receipt of mortgage registration dossiers opened before the effective date of 'this Circular till the last page of the registers-ehen they shall use the model register issued t~~ther with this Circular. Arti<oJ,e 31. Implementation responsibility 1. Provincial-Ieve) People's Committees shall otganize and direct provmciat-jevel Departmeins of Justice and Natural Resources and Envfmnnent und related local departments and sectors and People's Committees of distric tsrtowns and provincial cities in implemenung this Circular. 2 An~ problems arising in the implemen­ ration should bepromptly reported to the Ministry ofJustice '.l1d the Ministry of Natural Resources and Env mcnt for study and senlcment. For the Minister ofJustice Deputy Minister DINH TRUNG TUNG For the Minister ofNatura! Resources aiu] Ell virOIlUlC/l( Deputy Minister NGUYEN MANH BIEN