Is it possible to mortgage land without a land use right certificate in Vietnam?

Is it possible to mortgage land without a land use right certificate in Vietnam?

Pursuant to Clause 1, Article 188 of the 2013 Land Law, which stipulates the conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital, accordingly:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

Thus, because the land use rights you have been assigned have not been granted a land use right certificate, you have not been able to exercise the right to mortgage that land use right in Vietnam.

Is it possible to mortgage land without a land use right certificate in Vietnam? (Image from the Internet)

Can a house that does not have a land use right certificate be rented in Vietnam?

In Article 118 of the 2014 Housing Law, requirements applied to houses entered into transactions, specifically as follows:

1. Any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below:

a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;

b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;

c) The house is not distrained;

d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.

The requirements prescribed in Point b and c of this Clause shall not apply to transactions in off-the-plan housing sale or lease purchase.

2. The following transactions in housing are not required the Certificate:

a) Transactions in off-the-plan housing sale or mortgage;

b) Transactions in house of gratitude gifting;

c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;

d) Transactions in housing lease, lending, permission for stay, management authorization;

dd) Transactions in housing inheritance;

e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

Any documentary evidence on requirements pertaining to the house to be entered into the transaction as prescribed in this Clause shall comply with regulations of the Government.

3. Any house under lease contract shall both comply with Point b, c, and d Clause 1 of this Article and satisfy requirements pertaining to quality, safety regarding the lessee, electricity system, water supply and drainage, hygiene and environment.

According to the above regulations in Vietnam, one of the conditions for renting a house is to have a certificate of housing ownership. According to this Article, after building a house, you must carry out procedures to register housing ownership at a competent state agency and once you have been granted a Certificate of land use rights, housing and property ownership. If the property is attached to land, you can carry out procedures to rent the house to others according to the provisions of law.

Best regards!