Vietnam: In what cases is it required to register security interests for land use rights under the competence of the land registration office?

Main Content

• In what cases is it required to register security interests for land use rights under the competence of the land registration office in Vietnam?
• What does the application for registering security interests for land use rights in Vietnam include?
• What does the application for registering security interests for housing construction investment projects in Vietnam include?

In what cases is it required to register security interests for land use rights under the competence of the land registration office in Vietnam?

Pursuant to Clause 1, Article 25 of Decree 99/2022/ND-CP and Clause 2, Article 25 of Decree 99/2022/ND-CP stipulating as follows:

Registration under the competence of the Land Registration Office

1. Cases in which the registration is required:

a) Mortgage of land use rights;

b) Mortgage of houses and other land-attached assets in case the assets have been certified for ownership on the certificate;

c) Mortgage of housing construction investment projects, construction investment projects on works other than housing, agricultural investment projects, forest development projects, other investment projects using land allocated with land use levy, leased in the form of a one-time payment for the whole lease period by the State;

d) Registration of changes or annulment of registration for the cases specified at Points a, b and c of this Clause.

2. Cases of registration upon request:

a) Mortgage of off-plan houses, off-plan land-attached assets;

b) Mortgage of land-attached assets that has been formed other than housing, but the law does not require to register ownership and they have not been registered ownership as required, except for the case specified in Clause 9 of this Article;

c) Forwarding of registration of mortgage of asset rights arising from the housing purchase contract or from the purchase contract of other land-attached assets to the registration of mortgage for housing or mortgage for other land-attached assets;

d) Registration of notices of disposal of collateral which are land use rights and other land-attached assets;

dd) Registration of changes or annulment of registration for the cases specified at Points a, b and d of this Clause.

According to the above provisions, when carrying out the following transactions, the parties must register security interests for land use rights at the land registration office:

- Mortgage of land use rights;

- Mortgage of houses and other land-attached assets in case the assets have been certified for ownership on the certificate;

- Mortgage of housing construction investment projects, construction investment projects on works other than housing, agricultural investment projects, forest development projects, other investment projects using land allocated with land use levy, leased in the form of a one-time payment for the whole lease period by the State;

- Registration of changes or annulment of registration for mortgage of land use rights, mortgage of houses and other land-attached assets, mortgage of housing construction investment projects, construction investment projects on works other than housing.

What does the application for registering security interests for land use rights in Vietnam include?

Pursuant to Article 27 of Decree 99/2022/ND-CP stipulating as follows:

Registration application for land use rights and land-attached assets that have been certified for ownership

1. Application form according to Form No. 01a in Appendix (01 original).

2. Security contracts or security contracts notarized or authenticated in cases prescribed by the Law on Land, the Law on Housing or other relevant laws (01 original or 01 certified copy).

3. Certificates (original), except for the case specified in Clause 2, Article 35 of this Decree.

Accordingly, when carrying out procedures for registering security interests for land use rights in Vietnam, the applicant must prepare the following documents:

- Application form of registering security interests for land use rights

- A security contract or a security contract notarized or authenticated as required by the law on land

- Land use right certificate.

What does the application for registering security interests for housing construction investment projects in Vietnam include?

Pursuant to Clause 1, Article 28 of Decree 99/2022/ND-CP stipulating as follows:

Registration application for housing construction investment projects, construction investment projects on works other than housing, agricultural investment projects, forest development projects, other projects using land

1. The application for registering security interests for housing construction investment projects or construction investment projects on works other than housing includes:

a) Documents specified in Clauses 1 and 2, Article 27 of this Decree;

b) Certificate (original) or Decision on land allocation or land lease issued by a competent authority to the investor in case the collateral is a housing construction investment project without a certificate of land use rights (01 original); Certificate (original) in case the collateral is a construction investment project on works other than housing;

c) Construction permits, except for cases exempted from construction permits in accordance with the Law on Construction (01 original or 01 certified copy);

d) The decision approving the project or the project investment decision or the investment license or the investment registration certificate or the document on the approval and permission to implement the investment project issued by a competent authority in accordance with the law on investment (01 original or 01 certified copy);

dd) One of the types of design drawings in accordance with the law on construction showing the construction site of the project approved by a competent authority (01 original or 01 certified copy).

Accordingly, the application for registering security interests for housing construction investment projects in Vietnam includes:

- Application form of registering security interests for land use rights

- A security contract or a security contract notarized or authenticated as required by the law on land

- Certificate (original) or Decision on land allocation or land lease issued by a competent authority to the investor in case the collateral is a housing construction investment project without a certificate of land use rights (01 original);

- Certificate (original) in case the collateral is a construction investment project on works other than housing

- Construction permits

- The decision approving the project or the project investment decision or the investment license or the investment registration certificate or the document on the approval and permission to implement the investment project issued by a competent authority in accordance with the law on investment

- One of the types of design drawings in accordance with the law on construction showing the construction site of the project approved by a competent authority.

Decree 99/2022/ND-CP will take effect from January 15, 2023.