Can I apply for registration for mortgage of land use rights and off-the-plan factories at the Departments of Natural Resources and Environment in Vietnam?

Can I apply for registration for mortgage of land use rights and off-the-plan factories at the Departments of Natural Resources and Environment in Vietnam?

Pursuant to Clause 3, Article 23 of Circular 07/2019/TT-BTP stipulates as follows:

3. With respect to areas where land registration offices have not been established, authorization for registration for mortgage of land use rights and assets attached to land shall be determined as follows:

a) Offices for land use rights registration affiliated to Departments of Natural Resources and Environment of provinces and central-affiliated cities shall proceed with registration for mortgage of land use rights and assets attached to land of domestic organizations and overseas Vietnamese participating in investment projects, foreign organizations, foreign individuals or foreign-invested enterprises;

b) Offices for land use rights registration affiliated to Natural Resources and Environment Agencies of districts, communes and cities of provinces where land or assets attached to land are located or Natural Resources and Environment Agencies of districts, communes and cities where land or assets attached to land are located in case offices for land use right registration have not been established shall proceed with registration for mortgage of land use rights and assets attached to land of domestic households and individuals, overseas Vietnamese eligible to own houses attached to land use rights in Vietnam and receive transfer of land use rights in housing development projects.

Thus, in case where you do not have a land registration office in Vietnam, you can register to mortgage your land use rights and off-the-plan assets at the land registration office affiliated to Departments of Natural Resources and Environment of provinces and central-affiliated cities where the land and assets attached to the land are located, in case the land use right registration office has not been established.

Can economic organizations that are allocated land with leased land by the State mortgage it in Vietnam? 

In Clause 2, Article 174 of the Land Law 2013, rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period, according to which:

2. Economic organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State have the following rights:

a/ To transfer land use lights and land-attached assets under their ownership;

b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State;

c/ To donate land use rights to the State and communities for construction of facilities for common public interests of the communities and donate land-attached gratitude houses in accordance with law;

d/ To mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam;

e/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations, individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law.

According to this Article, economic organizations that are allocated land with leased land by the State are not allowed to mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam.

Best Regards!