File, Procedure for Registering Changes to Security Measures by Land Use Rights, Assets Attached to Land: How are They Regulated?

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Procedures for registering changes to secured measures with land use rights, property attached to land

According to the provisions in Subsection 2, Section B of administrative procedures issued together with Decision 2546/QD-BTP of 2022, the procedure for registering changes in secured measures with land use rights, property attached to the land is as follows:

- Submit the application to the Land Registration Office - Department of Natural Resources and Environment, Branch of the Land Registration Office (hereinafter referred to as the Land Registration Office);

In case the application for registration concerning land use rights, property attached to the land is submitted through the Reception and Returning Result Department for administrative procedures, the Provincial Public Administrative Service Center, the People's Committee at commune-level, the processing time of the application is counted from the time the Land Registration Office receives the valid application.

- If there are no grounds for refusal, the Land Registration Office accepts the valid application, processes the application, and returns the results.

Method of implementation:

- Through the online registration system;

- Submit paper documents directly or send through postal service;

- Through email.

Registration procedure for changing secured measures with land use rights, property attached to land (Image from Internet)

Components of the application for registering changes to secured measures with land use rights, property attached to land

Pursuant to the provisions in Subsection 2, Section B of administrative procedures issued together with Decision 2546/QD-BTP of 2022, the components of the application for registering changes to secured measures with land use rights, property attached to the land include:

- Application for registration of changes concerning land use rights, property attached to the land

+ Request form

+ One of the following documents (01 original or 01 certified copy):

++ Document amending and supplementing the secured contract in case of registration change according to the agreement in this document;++ Document transferring the debt collection right, transferring the obligation in case of registration change due to transfer of debt collection right, transfer of obligation;++ Another document proving the grounds for registration change for cases not falling under points a and b of Clause 2, Article 32 of [Decree 99/2022/ND-CP](https://lawnet.vn/vb/Nghi-dinh-99-2022-ND-CP-dang-ky-bien-phap-bao-dam-84673.html#dieu_32).

+ Certificate (original) in case the secured property has a Certificate.

+ If registering changes as prescribed in point b, clause 1, Article 18 of Decree 99/2022/ND-CP, in addition to the documents stipulated in clause 1, Article 32 of Decree 99/2022/ND-CP, the application for registration also includes the Certificate of land use rights or Certificate of ownership for houses, construction works, other properties attached to the land in case these properties have been issued Certificate.

- Additional documents depending on each case:

+ If implemented through a representative, a document specifying the representation is mandatory in the application for registration, application for providing information (01 original or 01 certified copy or 01 copy with the original for comparison),

except when the registration is conducted via the online registration account of the representative as stipulated in clause 2, Article 24 of Decree 99/2022/ND-CP (clause 7, Article 8 of Decree 99/2022/ND-CP, clause 4, Article 24 of Decree 99/2022/ND-CP).

+ If a branch of the legal entity, a branch or transaction office of the organization is a credit institution (hereinafter referred to as the branch of the legal entity) is assigned by the legal entity to perform the registration request function, information supply request function, a document detailing the assignment is mandatory in the application for registration, application for providing information (01 original or 01 certified copy or 01 copy with the original for comparison).

+ If exempt from the obligation to pay fees, service charges, or other payment obligations, the applicant has the right to choose to provide one of the following documents in the application for registration:

++ Secured contract or credit contract or other document containing information about exemption from the obligation to pay registration fees or other payment obligations (01 original or 01 certified copy or 01 copy with the original for comparison).++ Submission of documents as stipulated in clause 3, Article 9 of [Decree 99/2022/ND-CP](https://lawnet.vn/vb/Nghi-dinh-99-2022-ND-CP-dang-ky-bien-phap-bao-dam-84673.html#dieu_9) is only required once for registration of the same secured measure.++ If the secured party or the secured party's recipient consists of multiple individuals, all must sign and seal (if any), except in cases where one or several secured parties or recipients have the right to represent the rest as indicated in a document.++ If the Vietnam Asset Management Company or another entity becomes the new secured party that does not require registration of the change of secured party under point a, clause 1, Article 18 of [Decree 99/2022/ND-CP](https://lawnet.vn/vb/Nghi-dinh-99-2022-ND-CP-dang-ky-bien-phap-bao-dam-84673.html#dieu_18) and is the applicant for registration, a document justifying the new secured party is mandatory in the application for registration (01 original or 01 certified copy or 01 copy with the original for comparison).++ In case of changing the secured party as prescribed in point a, clause 1 and clause 2, Article 18 of [Decree 99/2022/ND-CP](https://lawnet.vn/vb/Nghi-dinh-99-2022-ND-CP-dang-ky-bien-phap-bao-dam-84673.html#dieu_18) involving multiple secured measures already registered with the same secured party, the applicant for registration submits 01 application for registration change and 01 List of documents declared according to Form 01d or Form 02d in the Appendix corresponding to the registered secured measure change.

Processing time for registering changes to secured measures with land use rights, property attached to land

According to Subsection 2, Section B of administrative procedures issued together with Decision 2546/QD-BTP of 2022, the processing time for registering changes to secured measures with land use rights, property attached to the land is stipulated as follows:

- On the working day of receiving the valid application; if the receipt time is after 3 PM on the same day, the registration can be completed on the next working day. If the registration authority has a legitimate reason to extend the processing time, the application processing time must not exceed 03 working days from the date of receiving a valid application.

- If the application for registration concerning land use rights, property attached to land is submitted through the Reception and Returning Result Department for administrative procedures, the Provincial Public Administrative Service Center, the People's Committee at commune-level, the processing time of the application is counted from the time the Land Registration Office receives the valid registration application.

- The following times do not count towards the processing time stipulated in clause 1, Article 16 of Decree 99/2022/ND-CP:

+ Time during occurrences of natural disasters, epidemics, fires, system failures in online registration, electrical network outages, internet outages, or other force majeure events according to documents or decisions of competent authorities, causing the registration authority to be unable to perform the registration according to the procedures and timelines stipulated at Decree 99/2022/ND-CP.

+ The time taken by the registration authority to perform procedures as stipulated in clause 2, Article 35 of Decree 99/2022/ND-CP.