What is the instruction on filling out the request for deregistration of security interest in land use rights in Vietnam? - Hoang Tuan (HCMC, Vietnam)
Article table of contents
Instruction on filling out the request for deregistration of security interest in land use rights in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
1. What is registration of security interest?
According to Clause 1, Article 3 of Decree 99/2022/ND-CP, registration of security interests refers to the recording in a security interest register or entry into a database on security interests by a security interest registry of the use of assets by the grantor to secure performance of an obligation of their own or another person, or also to secure performance of an obligation of their own or another person with the secured party (hereinafter referred to as registration).
2. Sample of request for deregistration of security interest in land use rights in Vietnam
The sample of request for deregistration of security interest in land use rights according to Form No. 03a issued together with Decree 99/2022/ND-CP, is as follows:
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Form No. 3a |
3. Instruction on filling out the request for deregistration of security interest in land use rights in Vietnam
How to fill out a request for deregistration of security interest with land use rights as follows:
(1) Issued together with Decree 99/2022/ND-CP.
(2) Enter the correct name of the competent registrar. A Registration Request Form is only sent to one registrar.
(3) In case there are many people, each person must be declared according to the information shown on this registration request form. In case of securing the performance of obligations related to assets belonging to a private enterprise, the applicant for registration shall be declared as prescribed in Clause 9 Article 8 of Decree 99/2022/ND-CP.
(4) Declare more titles, practice certificate numbers, the issuing agency, and the date, month, and year of certificate issuance.
(5) Declare more titles and names of working units.
(6) (See footnote 5).
(7) In this case, check the box for the branch of the legal entity, the representative, and the box of the guarantor or the box of the Secured Party which is the legal entity that registers through the branch or of the representative.
(8) Declare according to the information shown on the identity card, citizen identification for Vietnamese citizens; Military ID card for people who are working in the army and do not have a people's identity card or citizen identity card; Passports for foreign citizens; Permanent residence card for stateless people.
(9) Declare according to the information shown on the certificate of tax registration (applicable also in the case of declaration for branches).
(10) Complete declaration of the required documents in the registration dossier in accordance with the provisions of Decree 99/2022/ND-CP.
(11) The person requesting deregistration as prescribed in Clause 3, Article 8 of Decree 99/2022/ND-CP.
4. Application for deregistration of land use rights or property on land
Application for deregistration of land use rights or property on land according to Article 33 of Decree 99/2022/ND-CP is as follows:
(1) An application form, made according to Form No. 03a in the Appendix (01 original).
(2) Certificate (original) in case the collateral has a Certificate.
(3) In case the applicant for deregistration is not the secured party and there is no signature or seal (if any) of the secured party on the application form, apart from the documents specified in Clause 1, and Clause 2 of Article 33 of Decree 99/2022/ND-CP also submit the following documents (01 original or 01 certified true copy):
+ A document showing that the secured party agrees to deregister or certify that the security contract has been terminated or liquidated, or showing confirmation of the release of the security in case the applicant for deregistration is the grantor;
+ Contract or other legally effective document evidencing the lawful transfer of collateral in case the applicant for deregistration is the legal transferee of the collateral, except for cases specified in point c of lause 3 of Article 33 of Decree 99/2022/ND-CP;
+ The auctioned asset sale contract that has been legally effective or written certification of judgment enforcement results in case the applicant for deregistration is a civil judgment enforcement agency, enforcer or;
The applicant for deregistration or the purchaser of collateral in collateral realization in accordance with the law on civil judgment enforcement;
+ A competent authority's document stating that the secured party being an economic organization other than a credit institution becomes a foreign-invested enterprise or a Vietnamese citizen becomes a foreigner in the case of deregistration specified at Point k, Clause 1, Article 20 of Decree 99/2022/ND-CP;
+ The written certification of the competent authority on the dissolution of the legal entity in the case of deregistration specified at Point l, Clause 1, Article 20 of Decree 99/2022/ND-CP.
