Vietnam: How much are the secured transaction registration fees applicable from November 15, 2023 according to Circular 61/2023/TT-BTC?
- Vietnam: How much are the secured transaction registration fees applicable from November 15, 2023?
- What are the cases of registration falling under the authority of the land registry in Vietnam?
- What is the registration application for certified ownership of land use rights and property on land in Vietnam?
Vietnam: How much are the secured transaction registration fees applicable from November 15, 2023?
Pursuant to the on fees for registration of secured transactions issued together with Circular 61/2023/TT-BTC, it is stipulated as follows:
Thus, the secured transaction registration fee applicable from November 15, 2023 is determined on a case-by-case basis as follows:
- Initial registration of secured transactions for movable property (except for securities registered with Vietnam Securities Depository and Clearing Corporation (VSDC), aircrafts), sea-going ships, annual plants and temporary works: 80.000 VND/application
- Registration of changes to registered security interests: 60.000 VND/application
- Registration of notice of realization of collateral, registration of changes to notice of realization of collateral: 30.000 VND/application
- Deregistration of security interests, deregistration of notice of realization of collateral: 20.000 VND/application
- Issuance of a copy of a certificate of secured transaction registration: 25.000 VND/application
Vietnam: How much are the secured transaction registration fees applicable from November 15, 2023 according to Circular 61/2023/TT-BTC?
What are the cases of registration falling under the authority of the land registry in Vietnam?
Pursuant to the provisions of Article 25 of Decree 99/2022/ND-CP regulating cases of registration falling under the authority of the land registry as follows:
Registration falling under the authority of the land registry
1. Cases subject to registration:
a) Mortgage of land use rights;
b) Mortgage of house, property on land whose ownership has been stated in the Certificate;
c) Mortgage of the project on housing construction, construction of non-residential buildings, agricultural investment project, forest development project, or other investment project that uses land and land use rights assigned by the State with land use levy imposed or leased out in the form of lump-sum payment for the entire lease period;
d) Registration of change or deregistration for the case specified at Points a, b and c of this Clause.
2. Cases subject to registration on request:
a) Mortgage of off-the-plan houses, other off-the-plan property on land;
b) Mortgage of existing property on land other than a house that is not required to be registered by law and has not yet been registered as required, except for the case specified in Clause 9 of this Article;
c) Transfer of registration of mortgage of property rights arising from a house sale contract or from a contract for the sale of other property on land to registration of mortgage of houses or mortgage of other property on land;
d) Registering notices of realization of collateral being land use rights and property on land;
dd) Registration of change or deregistration for the case specified at Points a, b and c of this Clause.
....
Thus, the registration falling under the authority of the land registry is in the following cases:
- Mortgage of land use rights;
- Mortgage of house, property on land whose ownership has been stated in the Certificate;
- Mortgage of the project on housing construction, construction of non-residential buildings, agricultural investment project, forest development project, or other investment project that uses land and land use rights assigned by the State with land use levy imposed or leased out in the form of lump-sum payment for the entire lease period;
- Registration of change or deregistration for the above cases.
What is the registration application for certified ownership of land use rights and property on land in Vietnam?
Pursuant to the provisions of Article 27 of Decree 99/2022/ND-CP regulating registration application for certified ownership of land use rights and property on land as follows:
Registration application for certified ownership of land use rights and property on land
1. An application form, made according to Form No. 01a in the Appendix (01 original).
2. 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).
3. Certificate (original), except for the case specified in Clause 2, Article 35 of this Decree.
Thus, the registration application for certified ownership of land use rights and property on land includes:
- 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 99/2022/ND-CP.
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