According to Joint Circular No. 09/2016/TTLT-BTP-BTNMT issued by Ministers of the Ministry of Justice and Ministry of Natural Resources and Environment of Vietnam, when applying for registration of the mortgaging of land use rights and properties on land, in addition to submitting dossiers in person, applicants shall also submit dossiers by post or via online registration system. To be specific:
Article table of contents
Submission of applications for registration of mortgaging of land use rights and properties on land via online registration system shall apply to:
- Localities that have already put the land database system into operation;
- Localities that received written instructions from the Ministry of Justice and the Ministry of Natural Resources and Environment on online registration of secured transactions in land use rights, properties on land.
The method of sending documents by post must be secured.
Such expansion of registration methods contributes to reforming administrative procedures in the field of state security transaction registration and diversifying administrative working methods so that people can choose procedures according to their needs and practical conditions.
Besides, Joint Circular No. 09/2016/TTLT-BTP-BTNMT amends and supplements a number of legal provisions on registration of the mortgaging of land use rights and properties on land, which has partly removed obstacles and backlogs in operations in this field.
Joint Circular No. 09/2016/TTLT-BTP-BTNMT specifies cases of registration of the mortgaging of land use rights and properties on land, including: (1) Registration of mortgaging of land use rights; (2) Registration of mortgaging of properties on land; (3) Registration of mortgaging of land use right and properties on land; (4) Registration of mortgaging of future acquired properties on land; (5) Registration of mortgaging of land use rights and future acquired properties on land; (6) Registration of changes to registered mortgaging; (7) Registration of written notification of settlement of collaterals in case mortgaging has been registered; (8) Removal of mortgage registration. It should be noted that mortgage registration in cases (1), (2), (3), (4), (5) include cases of asset mortgage registration to perform civil obligations of the mortgagor or others.
Households, individuals, and organizations when registering to mortgage land use rights and assets attached to land can choose to submit documents to one of the following agencies and units such as: Land registration offices; the People’s committees of communes where the land is located or the single-window office. Concurrently, the land registration office shall be responsible for carrying out the registration and returning the results right on the date of receipt of eligible applications. If applications are received after 15 hours, the registration shall be carried out by the next day. Time limits for settlement of applications shall not last more than three working days since receipt of eligible applications even though extension is needed. For applications submitted to the People’s committees of communes, within 03 working days since receipt of applications, the People's committees of district-level towns shall transfer the applications to the land registration office. The time limits for settlement of applications for mortgage registration shall not include the time for fulfillment of procedures for registration of changes in land, properties on land, confirmations of changes in the Certificates or the time for fulfillment of procedures for confirmations of ownership of properties on land in the Certificates.
Moreover, the land registration office shall reject registration upon detecting information in the applications inconsistent with the information retained in the mortgage registration agency (herein ‘the registry’). If the information declared in the application form or in the mortgage agreement is not consistent with the information retained in the registry, the applicant shall perform both procedures for registration of mortgage and procedures for registration of changes in land, properties on land, confirmation of changes as stipulated by the Ministry of Natural Resources and Environment.
In particular, registration of mortgaging of future acquired properties on land must comply with the following principles:
- If the future acquired house has been pledged as collateral in the form of property rights derivative of the contract for purchase and sale of houses, simultaneous registration of mortgaging of houses in such form shall not be accepted. If the future acquired house has been pledged as collateral as prescribed in Joint Circular No. 09/2016/TTLT-BTP-BTNMT, simultaneous registration of mortgaging of property rights derivative of the contract for purchase and sale of houses in such form shall not be accepted.
- If the investor has mortgaged and registered mortgaging of housing construction projects or future acquired houses, before selling houses from such projects, the investor shall fulfill procedures for registration of changes in the registered mortgage content (partial withdrawal of collateral).
- Future acquired properties on land pledged as collateral should be attached to the land parcel where the asset is located.
- The land registration office shall carry out registration of future acquired properties on land on the principle of recording registration information in the application form. The applicant who declares information in the application shall be responsible for legality and accuracy of the information declared and documents, papers accompanying the application.
Contents on implementation specified in Article 40 of Joint Circular No. 09/2016/TTLT-BTP-BTNMT should be noted to apply appropriately.
Joint Circular No. 09/2016/TTLT-BTP-BTNMT takes effect from August 08, 2016, replacing Joint Circular No. 20/2011/TTLT-BTP-BTNMT and concurrently annulling Joint Circular No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT.
