Vietnam: What is the latest form of request for removal of mortgage registration of land use rights and assets attached to land?
- What is the latest form of request for removal of mortgage registration of land use rights and assets attached to land recently in Vietnam?
- What are the records of deletion of mortgage registration of land use rights and assets attached to land in Vietnam?
- What are the principles for registering mortgages for land use rights and assets attached to land in Vietnam?
What is the latest form of request for removal of mortgage registration of land use rights and assets attached to land recently in Vietnam?
Form of request for deletion of registration of mortgage of land use rights and assets attached to land is Form No. 04/XĐK issued together with Circular 07/2019/TT-BTP. Below is an image of the Form of request for deletion of registration of mortgage of land use rights and assets attached to land:
Download the latest form of request to remove the registration of mortgages for land use rights and assets attached to land recently in Vietnam: Here.
Vietnam: What is the latest form of request for removal of mortgage registration of land use rights and assets attached to land?
What are the records of deletion of mortgage registration of land use rights and assets attached to land in Vietnam?
Pursuant to Clause 6, Article 20 of Circular 07/2019/TT-BTP stipulates that records of deletion of mortgage registration include:
- 1 master register or 1 copy of following papers: Record of liquidation of mortgage agreements or documents approving registration withdrawal or documents confirming redemption of mortgagees in case the applications bear signature of competent individuals and stamps (if any) of mortgagees or legal representatives of Circular 07/2019/TT-BTP.
- 1 master register, 1 certified true copy or 1 copy of following papers: Authorization documents in case applicants are authorized persons or documents proving representatives if persons signing application forms are representatives of mortgagors or mortgagees; document on redemption, document on contract liquidation, contract on sale or purchase of bidding assets approved by competent agencies or other documents proving disposal of mortgaged assets; evidence proving disposal or destruction of assets, valid decision on dismantling or confiscating assets of competent authorities; judgments or judicial decisions or decisions of referees that are legally effective regarding cancelling security interests, nullifying mortgage agreements in case of registration withdrawal specified in Points d, dd and e Clause 1 Article 21 of Decree No. 102/2017/ND-CP ;
- 1 copy of Application for registration withdrawal certified by land registration offices and certificates certified for withdrawal of mortgage registration.
What are the principles for registering mortgages for land use rights and assets attached to land in Vietnam?
Pursuant to Article 5 of Circular 07/2019/TT-BTP stipulating the principles of registration of mortgages of land use rights and assets attached to land as follows:
- Land registration offices shall proceed with mortgage registration specified in Article 4 of this Circular of applicants as specified in Clause 1 Article 8 of Decree No. 102/2017/ND-CP and shall only proceed with registration for mortgage of land use rights, assets attached to land in case mortgagors are persons holding land use rights or owners of assets attached to land. Parties to mortgage agreements must be responsible for details of the agreements on value of collateral, secure obligations, assurance of civil obligation satisfaction of mortgagors or other persons as specified in Clause 3 Article 4 of Circular 07/2019/TT-BTP and other relevant regulations of civil laws; details of the agreements on collateral other than land use rights, assets attached to land and other categories that both parties are permitted to enter into agreement on as per the law.
- In case a person has registered for mortgage of property rights arising from a home purchase agreement, he/she cannot register for mortgage of that off-the-plan house; or if he/she has registered for mortgage of an off-the-plan house, he/she cannot register for mortgage of property rights arising from a home purchase agreement.
- In case a project developer has mortgaged and registered for mortgage of investment projects for construction of houses or off-the-plan houses, before selling houses in the projects, he/she must apply to revise mortgaged contents to withdraw collateral unless he project developer, buyer and mortgagee agree otherwise.
In case a project developer has mortgaged and registered for mortgage of investment projects for construction of buildings other than houses, other investment projects for construction or off-the-plan construction in projects mentioned above as per the law, before selling construction in the projects, the project developer must apply to revise mortgaged contents to withdraw collateral.
- Land registration offices shall proceed with registration for mortgage of off-the-plan assets attached to land by acknowledging registration contents according to information declared in applications. Applicants must be legally responsible for the legality, truthfulness and accuracy of declared information and of documents and papers in applications.
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