How to Process the Documentation and Procedures for Deregistration of Security Interests Using Land Use Rights and Assets Attached to Land?

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Procedure for Deregistering Security Measures by Land Use Rights and Land-Attached Assets

Based on the provisions specified in Subsection 3, Part B of the administrative procedures issued together with Decision 2546/QD-BTP of 2022, the procedures for deregistering security measures by land use rights and land-attached assets are as follows:

Implementation Sequence

- Submit the dossier 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 cases where the registration dossier for land use rights, land-attached assets is submitted through the Administrative Procedure Reception and Result Delivery Section, Provincial Public Administrative Service Center, or the Commune People's Committee, the processing time of the dossier is calculated from the time the Land Registration Office receives the valid registration dossier.

- If there is no basis for refusal, the Land Registration Office accepts the valid dossier, processes it, and delivers the results.

Implementation Methods:

- Via the online registration system;

- Submit paper copies directly or send through postal services;

- Via email.

How to proceed with the dossier to deregister security measures by land use rights and land-attached assets? (Image from the Internet)

Components of the Dossier for Deregistering Security Measures by Land Use Rights and Land-Attached Assets

Based on the provisions specified in Subsection 3, Part B of the administrative procedures issued together with Decision 2546/QD-BTP of 2022, the components of the dossier for deregistering security measures by land use rights and land-attached assets include:

- Dossier to deregister land use rights, land-attached assets:

+ Request form.

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

+ If the person requesting deregistration is not the secured party and the Request form does not have the signature and seal (if any) of the secured party, in addition to the documents specified in Clause 1 and Clause 2, Article 33 of Decree 99/2022/ND-CP, the following documents must also be submitted (1 original or 1 certified copy):

++ Document expressing the secured party's consent to deregister or confirm that the security contract has ended, been liquidated, or confirm the release of the security in case the applicant is the secured party.++ Contract or other valid legal document proving the lawful transfer of the secured property in case the applicant is the lawful transferee of the secured property, except as provided in Point c, Clause 3, Article 33 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_33).++ Auction sale contract or document confirming the enforcement result in case the applicant is the civil enforcement agency, Civil Judgment Executor, or the buyer of the secured property during the enforcement of the property as prescribed by the civil enforcement law.++ Document from the competent authority stating that the secured party is an economic organization not being a credit institution, becoming a foreign-invested enterprise, or a Vietnamese citizen becoming a foreign citizen in case of deregistration as provided in Point k, Clause 1, Article 20 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_20).++ Document from the competent authority confirming the dissolution of a legal entity in case of deregistration as provided in Point l, Clause 1, Article 20 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_20).

- Depending on each case, additionally submit:

+ In case of representation, the document regarding the representation must be included in the registration dossier or the information provision dossier (1 original, 1 certified copy, or 1 copy accompanied by the original for comparison), except for the case of online registration under the account of the representative as stipulated in Clause 2, Article 24 of Decree 99/2022/ND-CP.

+ In case the branch of a legal entity, branch, or transaction office of a legal entity is entrusted by the legal entity to perform the function of the legal entity regarding the registration request, or information provision request, the document conveying the assignment by the legal entity to the branch to perform the function of the legal entity in the registration request, information provision request must be included in the registration dossier or information provision dossier (1 original or 1 certified copy or 1 copy accompanied by the original for comparison).

+ In case of exemption from the fee payment obligation, service payment, or other payment obligations, the applicant has the right to choose to provide one of the following documents in the registration dossier:

++ Security contract or credit contract or other document containing information about the fee exemption, service payment, or other payment obligations (1 original or 1 certified copy or 1 copy accompanied by the original for comparison).++ The submission of documents specified 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 during the registration of the same security measure.

+ In case the secured or secured party comprises multiple individuals, signatures and seals (if any) of all these entities are required, except for cases in which a document specifies that one or several secured or secured parties can represent the remaining parties.

+ In case of deregistration under Point m, Clause 1, Article 20 of Decree 99/2022/ND-CP at the request of the registration applicant, the effective judgment or decision of the Court must be included in the registration dossier (1 original or 1 certified copy).

+ In case of deregistration involving multiple registered security measures with the same secured party, the registration applicant submits 1 deregistration dossier accompanied by a List of documents according to Form No. 01d or Form No. 02d in the Appendix corresponding to the de-registered security measure.

Procedure for Modifying Security Measures by Land Use Rights, Land-Attached Assets

Based on the provisions specified in Subsection 2, Part B of the administrative procedures issued together with Decision 2546/QD-BTP of 2022, the procedure for modifying security measures by land use rights, land-attached assets is as follows:

- Submit the dossier 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 cases where the registration dossier for land use rights, land-attached assets is submitted through the Administrative Procedure Reception and Result Delivery Section, Provincial Public Administrative Service Center, or the Commune People's Committee, the processing time of the dossier is calculated from the time the Land Registration Office receives the valid registration dossier.

- If there is no basis for refusal, the Land Registration Office accepts the valid dossier, processes it, and delivers the results.

Implementation Methods:

- Via the online registration system;

- Submit paper copies directly or send through postal services;

- Via email.