Procedure for Continuing Registration of Mortgage Rights Arising from Housing Sale Contracts: How to Implement?
Procedures for transitional registration of mortgage on property rights arising from house purchase contracts
Pursuant to the regulations in Sub-section 3, Part B of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the procedures for the transitional registration of mortgage on property rights arising from house purchase contracts or from other contracts of sale of assets attached to land are as follows:
- Submit the application 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 case the registration dossier for land use rights, assets attached to land is submitted through the Business Reception and Result Delivery section for administrative procedures, the Provincial Public Administrative Service Center, the People's Committee at commune, ward, or commune-level town, the processing time for the dossier shall be counted from the time the Land Registration Office receives a valid registration dossier.
- In case there are no grounds for refusal, the Land Registration Office shall accept the valid dossier, process it, and return the results.
Methods of implementation:
- Through the online registration system;- Submit a paper dossier directly or send it via postal service;- Via email.
Procedures for transitional registration of mortgage on property rights arising from house purchase contracts?
What are the documents required for transitional registration of mortgage on property rights arising from house purchase contracts?
Pursuant to the regulations in Sub-section 3, Part B of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the dossier for transitional registration of mortgage on property rights arising from house purchase contracts or from other contracts of sale of assets attached to land includes:
- In case of requests for transitional registration specified at point b, clause 1 and point b, clause 2, Article 26 of Decree 99/2022/ND-CP, the dossier for transitional registration of mortgage includes:
+ Request form according to Form No. 05a in the Appendix (01 original);+ Document certifying the registration of mortgage on property rights arising from the house purchase contract (01 original);+ Mortgage contract for property rights arising from the house purchase contract (01 original or 01 certified copy);+ Mortgage contract for future-formed house (01 original or 01 certified copy) for transition to mortgage of future-formed house, except where the mortgage contract for property rights arising from the house purchase contract already contains terms for the transition to mortgage of future-formed house.
Mortgage contract for the house (01 original or 01 certified copy) for transition to mortgage of the house which has been granted a Certificate, except as stipulated in clause 4, Article 26 Decree 99/2022/ND-CP;
+ Certificate (original) in case of transition to registration of mortgage of the house which has been granted a Certificate.
- Depending on each case, additional documents may be required:
+ In case of performing through a representative, the document containing representative information must be included in the registration dossier, information provision dossier (01 original or 01 certified copy or 01 copy with the original for comparison), except in cases of registration through the online registration account of the representative as prescribed in clause 2, Article 24 Decree 99/2022/ND-CP.
+ In case a branch of a legal entity, branch or transaction office of a legal entity is authorized to perform the function of the legal entity to request registration, request information provision, the document containing the delegation of the legal entity to the branch to perform the function of the legal entity in requesting registration, requesting information provision must be included in the registration dossier, information provision dossier (01 original or 01 certified copy or 01 copy with the original for comparison).
+ In case of exemption from the obligation to pay fees, service fees, or other payment obligations, the registration requester is entitled to choose to provide one of the following documents in the registration dossier:
++ Security contract or credit contract or other document with information on exemption from the obligation to pay registration fees, service 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 Decree 99/2022/ND-CP is only required once in registering the same security measure.
- In case the secured party or the secured party includes multiple persons, signatures and seals (if any) of all these entities are required, except where there is a document indicating that one or several secured parties or secured parties have the right to represent the others.
What is the processing time for the transitional registration of mortgage on property rights arising from house purchase contracts?
Pursuant to the regulations in Sub-section 3, Part B of the administrative procedures issued together with Decision 2546/QD-BTP in 2022, the processing time for the transitional registration of mortgage on property rights arising from house purchase contracts or from other contracts of sale of assets attached to land is as follows:
- Within the working day of receiving a valid dossier; if the dossier is received after 3 PM on the same day, registration may be completed on the next working day.
In case the registration authority has legitimate reasons to extend the processing time, the processing time shall not exceed 03 working days from the date of receiving a valid dossier.
- In case the registration dossier for land use rights, assets attached to land is submitted through the Business Reception and Result Delivery section for administrative procedures, the Provincial Public Administrative Service Center, the People's Committee at commune, ward, or commune-level town, the processing time for the dossier shall be counted from the time the Land Registration Office receives a valid registration dossier.
+ The time not counted into the processing time as specified in clause 1, Article 16 of Decree 99/2022/ND-CP includes:
++ Time during which natural disasters, epidemics, fires, online registration system failures, electrical or internet network disruptions, or other force majeure events according to documents or decisions of competent authorities occur, causing the registration authority to be unable to perform registration according to the procedures and deadlines specified in Decree 99/2022/ND-CP.
++ Time the registration authority conducts procedures stipulated in clause 2, Article 35 of Decree 99/2022/ND-CP.
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