File for Mortgage of Land Use Rights: What Documents Are Required? What Are the Conditions for Mortgaging Land Use Rights?
What Does the Mortgage Documentation of Land Use Rights Include?
Based on Article 27 of Decree 99/2022/ND-CP, the documentation for registration regarding land use rights and assets attached to land that have been certified for ownership includes:
Documentation for registration regarding land use rights and assets attached to land that have been certified for ownership
1. Request form according to Form No. 01a in the Appendix (01 original copy).
2. Security contract or notarized and authenticated security contract in cases where the Land Law, Housing Law, and other related laws require it (01 original copy or 01 authenticated copy).
3. Land use rights certificate (original copy), except for cases specified in Clause 2, Article 35 of this Decree.
Thus, the mortgage documentation for land use rights includes:
- Registration request form (01 original copy);
- Security contract or notarized and authenticated security contract (01 original copy or 01 authenticated copy).
- Land use rights certificate.
What Does the Mortgage Documentation of Land Use Rights Include? What Are the Conditions for Mortgaging Land Use Rights?
What Are the Conditions for Mortgaging Land Use Rights?
Based on Article 188 of the Land Law 2013, the conditions for executing the rights to transfer, lease, sublease, inherit, gift, mortgage land use rights, and contribute land use rights as capital are stipulated as follows:
Conditions for executing the rights to transfer, lease, sublease, inherit, gift, mortgage land use rights, and contribute land use rights as capital
1. Land users have the right to transfer, lease, sublease, inherit, gift, mortgage land use rights, and contribute land use rights as capital when the following conditions are met:
a) Have a Land Use Rights Certificate, except for the cases specified in Clause 3, Article 186 and Clause 1, Article 168 of this Law;
b) The land is not in dispute;
c) The land use rights are not distrained to ensure the execution of judgments;
d) Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, land users must also comply with the conditions stipulated in Articles 189, 190, 191, 192, 193, and 194 of this Law when exercising the rights to transfer, lease, sublease, inherit, gift, mortgage land use rights, and contribute land use rights as capital.
3. The transfer, lease, sublease, inheritance, gift, mortgage of land use rights, and contribution of land use rights as capital must be registered at the land registration office and become effective upon entry into the cadastral register.
Thus, land users executing the mortgage of land use rights must meet the following conditions:
- Have a Land Use Rights Certificate, except for cases where the inheritors of the land use rights, house ownership rights, and other assets attached to the land are foreigners or overseas Vietnamese, and for cases specified by inheritance law.
- The land is not in dispute;
- The land use rights are not distrained to ensure the execution of judgments;
- Within the land use term.
Where to Execute the Mortgage of Land Use Rights?
Based on Article 25 of Decree 99/2022/ND-CP, it is stipulated as follows:
Cases of registration under the authority of the Land Registration Office
1. Cases required for registration:
a)** Mortgage of land use rights;***
b) Mortgage of houses, assets attached to the land in cases where the ownership of the asset has been certified on the Land Use Rights Certificate;
c) Mortgage of housing development investment projects, non-housing construction investment projects, agricultural investment projects, forest development projects, and other investment projects using land along with land use rights granted by the State through land levy, lease in the form of one-off payment for the entire lease period;
d) Registration of changes, deletion of registration for cases specified in points a, b, and c of this clause.
2. Cases registered upon request:
a) Mortgage of future houses, future assets attached to land;
b) Mortgage of currently formed assets attached to land that are not houses, and for which ownership registration is not required by law and has not been registered upon request, except for the cases specified in Clause 9 of this Article;
c) Transitioning registration of mortgage of property rights arising from housing purchase contracts or other contracts involving assets attached to land to registration of mortgage for houses, mortgage of assets attached to land;
d) Registration of notification of handling of secured assets being land use rights, assets attached to land;
e) Registration of changes, deletion of registration for cases specified in points a, b, and d of this clause.
Therefore, the registration for the mortgage of land use rights will be executed at the Land Registration Office.
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