Vietnam: Cases in which land registration shall reject registration for mortgage of land use rights

10:42, 28/11/2019

This is a notable content mentioned in Circular No. 07/2019/TT-BTP issued by the Ministry of Justice of Vietnam on elaborating to registration for mortgage of land use rights and assets attached to land.

According to Article 11 of Circular No. 07/2019/TT-BTP of the Ministry of Justice of Vietnam, land registration shall reject registration in case of discrepancies between information in applications and information stored at land registration offices; in case requested to stop or suspend registration for mortgage of land use rights and assets attached to land by competent agencies and individuals. To be specific:

Truong hop tu choi dang ky the chap quyen SD dat, Thong tu 07/2019/TT-BTP

First, in case of discrepancies between information in applications and information stored at land registration offices as specified in Point b Clause 1 Article 15 of Decree No. 102/2017/NĐ-CP of Vietnam’s Government, land registration shall reject registration if:

- Information about mortgagors; collateral that are land use rights and assets attached to land is inappropriate to information on the certificates;

- Information about mortgagors; collateral that is land use rights or assets attached to land listed in applications is inappropriate to information on the certificates, unless applicants have rectified inappropriate information in the applications.

Second, in case enforcement officers of civil judgment enforcement authorities, bailiff officers of bailiff offices issue documents requesting halt or suspend registration for mortgage of land use rights or assets attached to land, land registration offices shall comply with Point g Clause 1 Article 15 of Decree No. 102/2017/NĐ-CP.

In case competent agencies, individuals and other competent agencies, individuals as per the law requesting in written form to stop or suspend registration for mortgage of land use rights or assets attached to land, land registration offices may request such competent agencies and individuals to identify their authorization, cases of stop and suspension of registration shall comply with regulations on proceeding and other relevant law provisions.

View full text at Circular No. 07/2019/TT-BTP of the Ministry of Justice of Vietnam, effective from January 10, 2020.

Thu Ba

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