What is included in the dossier for registration of security interest in land use rights and land-attached assets in Vietnam?
- What is included in the dossier for registration of security interest in land use rights and land-attached assets in Vietnam?
- What is the procedure for registration of security interest in land use rights and land-attached assets in Vietnam?
- What is the time limit for processing the registration of security interest in land use rights and land-attached assets in Vietnam?
What is included in the dossier for registration of security interest in land use rights and land-attached assets in Vietnam?
Dossier for registration of security interest in land use rights and land-attached assets
(1) Registration application for certified ownership of land use rights and property on land (Article 27 of Decree No. 99/2022/ND-CP):
- An application form, made according to Form No. 01a in the Appendix (01 original).
- The security contract or the security contract that is notarized or authenticated, in case the Law on Land, the Law on Housing and other relevant laws so stipulate (01 original or 01 certified true copy).
- Certificate (original), except for the case specified in Clause 2, Article 35 of Decree No. 99/2022/ND-CP.
(2) Registration application for residential construction projects, non-residential construction projects, agricultural investment projects, forest development projects, and other projects that use land (Article 28 of Decree No. 99/2022/ND-CP):
- A registration application for a project on residential construction or construction of non-residential works includes:
+ Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP;
+ Certificate (original) or Decision on land allocation or land lease issued by a competent authority to the investor in case the collateral is a residential construction project without a Certificate for land use rights (01 original); Certificate (original) in case the collateral is a project on construction of non-residential work;
+ A construction permit, except for the case where a construction permit is exempted under the Construction Law (01 original or 01 certified true copy);
+ The decision on approval of the project or the decision on investment in the project or the investment license or the investment registration certificate or the document on approval or permission for the execution of project issued by a competent authority in accordance with the law on investment (01 original or 01 certified true copy);
+ One of drawings as per the law on construction demonstrating construction site of project that has been approved by the competent authority (01 original or 01 certified copy);
- Registration application for agricultural investment project, forest development project, or other projects using land other than those specified in Clause 1 Article 28 of Decree No. 99/2022/ND-CP includes:
+ Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP and point d clause 1 of this Article;
+ Certificate (original).
(3) Registration application for houses, non-residential construction works and other off-the-plan property on land under projects on construction of off-the-plan houses, construction works, other property on land under investment projects on construction of works other than houses, agricultural investment projects, forest development projects, and other projects using land (Article 29 of Decree No. 99/2022/ND-CP):
- In case the grantor is the investor and also the land user, the registration application includes:
+ Documents prescribed in points and b Clause 1 Article 28 of Decree No. 99/2022/ND-CP;
+ Construction permit (01 original or 01 certified true copy) for collateral being off-the-plan house, off-the-plan construction work, except for cases where a permit is exempted as per the law on construction; one of the types of design drawings as prescribed by the law on construction showing the premises of the construction work in that project has been approved by the competent authority (01 original or 01 certified copy).
- In case the grantor is the investor and not also the land user, the registration application includes:
+ Documents prescribed in point a and point b Clause 1 and Clause 2 Article 28 of Decree No. 99/2022/ND-CP and point b clause 1 Article 29 of Decree No. 99/2022/ND-CP;
+ Notarized or authenticated written agreement between the land user and the investor on the land user's consent for the project execution (01 original or 01 certified true copy).
- In case the grantor is a lawful transferee of ownership of off-the-plan assets or is the transferee of a contract for sale of house, construction work or other property on land, a registration application includes:
+ Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP;
+ Contract or document on legal transfer of ownership of house, construction work and other property on land signed between the grantor and the investor; contract or document on transfer of contract of sale of house, construction work and other property on land in case the grantor is the transferee of the contract (01 original or 01 certified true copy).
(4) Registration application for off-the plan house, off-the-plan property not part of a non-residential construction project, non-residential construction project, agricultural investment project, forest development project, or other project that uses land (Article 30 of Decree No. 99/2022/ND-CP):
- In case the grantor is the investor and also the land user, the registration application includes:
+ Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP;
+ Certificate of land use right (original);
+ Construction permit (01 original or 01 certified true copy) for mortgage of off-the-plan house, off-the-plan construction work, except for cases exempted from permits according to regulations of the Construction Law.
- In case the grantor is the investor and not also the land user, the registration application includes:
+ Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP and point c clause 1 Article 30 of Decree No. 99/2022/ND-CP;
+ A notarized or authenticated written agreement between the land user and the owner of the property on land on the consent of the land user for the construction or establishment of house and other property on land (01 original or 01 certified true copy).
(5) Registration application for existing non-residential property on land, ownership of which is not required by law to be registered and has not been registered as required (Article 31 of Decree No. 99/2022/ND-CP):
- Documents prescribed in Clause 1 and Clause 2 Article 27 of Decree No. 99/2022/ND-CP.
- Certificate of land use right (original) or a notarized or authenticated written agreement between the land user and the owner of the property on land on the consent of the land user for the construction or establishment of property on land in case the grantor is not a land user (01 original or 01 certified true copy).
- A construction permit (01 original or 01 certified true copy) in case the collateral is a construction work, except for the case where a construction permit is exempted under the Construction Law.
(6) Depending on the case, additional payment:
- In case of registration or information request through a representative, the document containing the representative's content must be included in the registration application, the application for information provision (01 original or 01 certified true copy or 01 original copy with the original for comparison), except for the case of registration through the online registration account of the representative specified in Clause 2, Article 24 of Decree No. 99/2022/ND-CP (Clause 7 Article 8 of Decree No. 99/2022/ND-CP, Clause 4 Article 24 of Decree No. 99/2022/ND-CP).
- Where a branch of a legal entity, a branch or transaction office of a legal entity being a credit institution (hereinafter referred to as branch of juridical person) is assigned by the legal entity to apply for registration, request for information provision under the charter, operating regulations or as authorized or appointed by the legal representative of the legal entity, this branch shall put its name in the application form for registration, information request form as the registration applicant or information requester. In this case, the document containing the legal entity's assignment to the branch to perform the functions of the legal entity in the registration application or request for information provision is a document that must be included in the registration application, the application for registration and the application for information provision (01 original or 01 certified true copy or 01 copy enclosed with the original for comparison) (Clause 8, Article 8 of Decree No. 99/2022/ND-CP).
- To be exempt from the obligation to pay fees, pay service charges, and other payment obligations (specified at Point dd, Clause 1, Article 9 of Decree No. 99/2022/ND-CP), the registration applicant may choose to provide one of the following documents in the registration application in their discretion:
Security contract or credit contract or another document containing information on eligibility to be exempted from the obligation to pay registration fees, service charges and other payment obligations (01 original or 01 certified true copy or 01 copy enclosed with the original for comparison).
The submission of documents specified in Clause 3 Article 9 of Decree No. 99/2022/ND-CP is done only once in the registration of the same security interest (Clause 3 Article 9 of Decree No. 99/2022/ND-CP).
What is included in the dossier for registration of security interest in land use rights and land-attached assets in Vietnam?
What is the procedure for registration of security interest in land use rights and land-attached assets in Vietnam?
According to the guidance in Decision No. 2546/QD-BTP in 2022 on the procedure for registration of security interests in land use rights and land-attached assets as follows:
- Submit the application to the Land Registration Office - Department of Natural Resources and Environment, branch of the land registry (hereinafter referred to as the land registry);
In case the registration application of land use rights and property on land is filed through the Department of reception and result return of administrative procedures, the provincial-level public administration service center (hereinafter referred to as the single window division), People's Committee of commune, ward, township (hereinafter referred to as commune), the time limit for processing the application shall commence from the time when the land registry receives the valid application.
- If there are no grounds for refusal, the land registry shall receive the valid application, process the application and return the results.
What is the time limit for processing the registration of security interest in land use rights and land-attached assets in Vietnam?
- The registry is responsible for processing the registration application within the working day on which it receives the valid application; if the application is received after 15:00 of the same day, the registration can be done in the next working day.
If the registry has a legitimate reason to extend the processing time for the application, the time limit for processing the application shall not exceed 03 working days from the date of receipt of a valid application.
- In case the registration application of land use rights and property on land is filed through the Department of reception and result return of administrative procedures, the provincial-level public administration service center (hereinafter referred to as the single window division), People's Committee of commune, ward, township (hereinafter referred to as commune), the time limit for processing the application shall commence from the time when the land registry receives the valid application.
- Time not included in the time limit specified in Clause 1 Article 16 of Decree No. 99/2022/ND-CP includes:
+ Time of occurrence of natural disaster, epidemic, fire, online registration system failure, power grid failure, internet failure or other force majeure events as written or decided by the competent authority that prevent the registry from carrying out the registration according to the procedures and time limit specified in this Decree. In this case, the registry must immediately send a notice within the working day of the event or within the same working day that it receives the document or decision of the competent authority in the form of posting it at the head office of the registry and post it on the website of the regulatory body, the registry (if any) or another convenient form to the registration applicant and suitable to the conditions of the registry;
+ The time period for the registry to carry out the procedures specified in Clause 2, Article 35 of Decree No. 99/2022/ND-CP.
LawNet
