Vietnam: What is the administrative penalty for erasing and falsifying the content of the application form for registration of security interests which is certified by the registry?
- In the application for registration of mortgage of land use rights or property on land, is an application form for registration of security interests required?
- What is the administrative penalty for erasing and falsifying the content of the application form for registration of security interests which is certified by the registry?
- What are the responsibilities of the applicants for security interests in Vietnam?
In the application for registration of mortgage of land use rights or property on land, is an application form for registration of security interests required?
According to Article 39 of Decree No. 102/2017/ND-CP, the applications for registration of mortgage of land use rights or property on land are as follows:
Applications for registration of mortgage of land use rights or property on land
An application for registration of mortgage of land use rights or registration of mortgage of land use rights and property on land or registration of mortgage of property on land shall include:
1. An application form for registration (1 original);
2. A mortgage contract or notarized or certified mortgage contract as per the law (1 original or 1 certified true copy);
3. An original of land use right certificate or one of the certificates prescribed in Clause 2 Article 97 of the Law on land (hereinafter referred to as Certificate);
4. In case of mortgage of off-the-plan property on land other than housing, apart from documents prescribed in Clauses 1, 2 and 3 of this Article, the applicant must submit the following documents:
a) A construction license as required by law or decision on approval for investment project as required by law (1 non-certified copy), unless the mortgage contract has been notarized or certified; one of drawings demonstrating construction site if the investor mortgages the construction project (1 non-certified copy);
b) A construction license as required by law or decision on approval for investment project as required by law (1 non-certified copy), unless the mortgage contract has been notarized or certified; one of drawings demonstrating construction site of property on land approved by the competent authority in case of mortgage of off-the-plan property on land being other construction work (1 non-certified copy);
5. A notarized or certified agreement between the land user and property on land’s owner in terms of formation of property on land in case of mortgage of property on land in which the land user is not the property on land’s owner (1 original or 1 certified true copy or non-certified copy enclosed with original for collation);
6. Documents justifying any of the following cases:
a) A written authorization if the applicant for registration is an authorized person (1 original or 1 certified true copy or 1 non-certified copy enclosed with original for collation);
b) One of the documents justifying that the applicant is exempt from charges for security interest registration as prescribed in Article 12 of this Decree.
Thus, in the application for registration of mortgage of land use rights or property on land, an application form for registration is required.
Vietnam: What is the administrative penalty for erasing and falsifying the content of the application form for registration of security interests which is certified by the registry? (Image from the Internet)
What is the administrative penalty for erasing and falsifying the content of the application form for registration of security interests which is certified by the registry?
According to Article 54 of Decree No. 82/2020/ND-CP, violations against regulations on registration of security interests in Vietnam are regulated as follows:
Violation against regulations on registration of security interests in Vietnam
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of certificates or other certification documents or information providing documents issued by the registry or the application form certified by the registry.
2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for forging the signature of the registration requester in the application form or the signature in the written notice of distraint or release of distraint of property for civil judgment enforcement.
3. Additional penalties:
Confiscation of material evidences being certificates or other documents certifying, documents providing information issued by the registry, application forms certified by the registry, erased, corrected or falsified for the violation specified in Clause 1 of this Article; application form, written notice of distraint or release of property distraint for civil judgment enforcement specified in Clause 2 of this Article.
4. Remedial measures:
Proposing competent agencies, organizations and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Thus, the act of erasing and falsifying the content of the security interest registration request form certified by the registration agency may be subject to an administrative penalty of up to VND 3,000,000. In addition, the person who commits the violation will have the material evidences being the registration request form certified by the registry office, erased or corrected to falsify the contents. At the same time, it is recommended that competent agencies, organizations and persons consider and handle papers and documents that have been erased or corrected to falsify their contents.
What are the responsibilities of the applicants for security interests in Vietnam?
According to Clause 2, Article 8 of Decree No. 102/2017/ND-CP stipulating applicants and their obligations and responsibilities as follows:
Applicants and their obligations and responsibilities
…
2. The applicant for registration must make a duly completed, accurate, and truthful declaration in accordance with the security interest, take responsibility for provided information, and provide compensation (if any) as per the law.
Thus, the applicant for security interests has the responsibilities as prescribed above.
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