Bản dịch văn bản 05/2005/TTLT-BTP-BTNMT
thong-tu-lien-tich-05-2005-ttlt-btp-btnmt
Cơ quan ban hành: Bộ Tài nguyên và Môi trường
Ngày ban hành: 2005-06-16

JOINT CIRCULAR Guiding the registration of the mortgage of, and guarantee with, the land use rights and/or assets attached to land Pursuant to the November 26, 2003 Land Law; Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Justice; Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law; Pursuant to the Government's Decree No. 08/2000/ND-CP of March 10, 2000, on the registration of security transactions; With a view to ensuring uniformity in the implementation of legal documents on the registration of the mortgage of, and guarantee with, the land use rights and/or assets attached to land, and creating favorable conditions for registration activities in this domain, the Ministry of Justice and the Ministry of Natural Resources and Environment hereby jointly guide the registration of the mortgage of, and guarantee with, the land use rights and/or assets attached to land as follows: I. GENERAL PROVISIONS 1. Scope of regulation 1.1. This Circular guides the registration of the mortgage of, and guarantee with, the land use rights and/or assets attached to land by economic organizations, households, individuals, overseas Vietnamese, foreign organizations or individuals that, under law, have the right to mortgage or guarantee, accept mortgages or guarantees with the land use rights and/or assets attached to land (hereinafter referred collectively to as mortgage and guarantee registration). 1.2. The supply of information on the mortgage of, and guarantee with, the land use rights and/or assets attached to land shall comply with the guidance in Section VII of Circular No. 29/2004/TT-BTNMT of November 1, 2004, of the Ministry of Natural Resources and Environment, guiding the formulation, adjustment and management of cadastral dossiers (hereinafter called Circular No. 29/2004/TT-BTNMT). 2. Cases of mortgage and guarantee registration at land use right registries 2.1. Mortgage of, or guarantee with, the land use rights. 2.2. Mortgage of, or guarantee with, dwelling houses, other architectures, forest trees or perennial trees (hereinafter referred collectively to as assets attached to land). 2.3. Mortgage of, or guarantee with, the land use rights and assets attached to land; with the land use rights and future assets attached to land. 2.4. Mortgage of, or guarantee with, future assets attached to land. 2.5. Change, correction or cancellation of the registration of the mortgage of, or guarantee with, the land use rights and/or assets attached to land as mentioned at Points 2.1, 2.2, 2.3 and 2.4 of this Clause. 2.6. Written notices on the disposal of mortgage or guarantee assets being the land use rights and/or assets attached to land in cases where the mortgage or guarantee has already been registered. 3. Mortgage and guarantee registration outside the land use right registries The mortgage of, or guarantee with, assets attached to land falling beyond cases of registration at the land use right registries as mentioned in Clause 2 of this Section shall be registered at the Transaction and Asset Registration Center of the National Security Transaction Registration Department under the Justice Ministry according to the Justice Ministry's Circular No. 01/2002/TT-BTP of January 9, 2002, guiding the competence, order and procedures for the registration of, and supply of information on, security transactions at the National Security Transaction Registration Department under the Justice Ministry and its branches. 4. Registration requesters Registration requesters shall be one or all of the parties to mortgage or guarantee contracts. In case of change of one of the parties to a mortgage or guarantee contract, registration requester may be the new mortgagor or guarantor or new mortgagee or guarantee. In case of mortgage or guarantee registration under the provisions of the bankruptcy law, registration requesters may be heads of asset management and liquidation teams. Registration requesters may authorize others to request registration in accordance with the provisions of civil law. 5. Responsibilities of parties to mortgage or guarantee contracts when registering mortgages or guarantees Parties to a mortgage or guarantee contract shall be responsible for the contents of the written request for registration as well as other documents and papers in the registration dossier as provided for by law. If the written request for registration has contents untrue or variant with agreements stated in the mortgage or guarantee contract or one or all of the parties to the mortgage or guarantee contract commit(s) act of forging the dossier, thereby causing damage, they shall have to pay compensations in accordance with the provisions of law. 6. Time limit for submission of mortgage and guarantee registration dossiers 6.1. In cases where a credit contract includes a term on the mortgage of, or guarantee with, the land use rights and/or assets attached to land or the contract on the mortgage of, or guarantee with, the land use rights and/or assets attached to land is concluded before or simultaneously with the conclusion of the credit contract, within five (05) working days after concluding the credit contract, one or all of the parties to the mortgage or guarantee contract shall submit the mortgage or guarantee registration dossier. 6.2. In cases where a registration request is submitted beyond the said time limit due to the fault of the registration requester, the registries shall still carry out the registration and the registration requester shall take responsibility under the provisions of Article 13 of the Government's Decree No. 182/2004/ND-CP of October 29, 2004, on the sanctioning of administrative violations in land domain. 7. Time limit for mortgage and guarantee registration by the land use right registries 7.1. The mortgage and guarantee registration mentioned in Clause 2, Section I of this Circular shall be carried out within five (05) working days; for localities in mountainous, island, deep-lying and remote areas, this registration time limit may be longer but must not exceed fifteen (15) working days for each case. The registration time limit shall be counted from the time the land use right registries receive valid registration dossiers. 7.2. The time limit for fulfillment of financial obligations towards the State, land plot separation or consolidation, renewal of already granted land use right certificates or grant of new ones under the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law (hereinafter called Decree No. 181/2004/ND-CP) shall not be counted into the time limit for mortgage or guarantee registration. 8. Legal validity of the mortgage and guarantee registration 8.1. Contracts on the mortgage of, or guarantee with, the land use rights take effect as from the registration time. The mortgage or guarantee shall be legally valid for a third person from the time of registration to the time of cancellation of registration. In cases where the mortgage or guarantee is registered, the mortgage or guarantee registration time shall be the time when the land use right registries receive valid and complete mortgage or guarantee registration dossiers. In case of registration of additional mortgage or guarantee assets, the time of registration of additional assets shall be the time when the land use right registries receive additional valid and complete registration dossiers. 8.2. Valid mortgage or guarantee registration dossiers mean dossiers comprising all papers defined in Clause 1 of Section III, Clause 2 of Section IV, Clause 2 of Section V, Clause 1 of Section VI, and Clause 2 of Section VII, of this Circular. 8.3. In case of correction of errors in the declarations of registration requesters, the registration time shall be the time the registries receive valid dossiers requesting the correction of errors; in case of correction of errors in the certification by the registries, the registration time shall be the time when the registries receive the first registration-requesting dossiers. 8.4. The order of priority for payment to mortgagees or guarantees of the same asset shall be determined according to the order of registration. 9. Registration fees and charges for the supply of information on mortgage and guarantee 9.1. Requesters of mortgage or guarantee registration; requesters of registration of changes in the registered mortgage or guarantee contents; requesters of registration of written notices on the disposal of security assets; requesters of correction of errors in the written requests for mortgage or guarantee registration must pay registration fees. 9.2. Organizations and individuals requesting the supply of information on mortgage or guarantee must pay information supply charges. 9.3. The fee levels and charge rates; the regime on collection, remittance and management of the use of fees and charges shall comply with Joint Circular No. 33/2002/TTLT/BTC-BTP of April 12, 2002, of the Finance Ministry and the Justice Ministry, guiding the regime of collection, remittance and management of the use of registration fees and charges on the supply of information on security transactions and financially leased assets. 10. Mortgage and guarantee registration forms Mortgage and guarantee registration requesters must use forms of written request for registration; registries must compile books for reception of mortgage and guarantee registration dossiers and draw up lists of registered mortgages and guarantees according to the forms promulgated together with this Circular as well as the forms and papers promulgated together with Circular No. 29/2004/TT-BTNMT. The Justice Ministry shall have to uniformly manage and guide the use of mortgage and guarantee registration forms. II. MORTGAGE AND GUARANTEE REGISTRATION BODIES 1. Competence for mortgage and guarantee registration 1.1. Land use right registries under Natural Resources and Environment Services of the provinces or centrally-run cities where exists land or assets attached to land shall register mortgages or guarantees in cases where the mortgagors or guarantors are economic organizations or overseas Vietnamese implementing investment projects in Vietnam, or foreign organizations or individuals. 1.2. Land use right registries of the Natural Resources and Environment Offices of rural or urban districts, provincial towns or cities where exists land or assets attached to land or the Natural Resources and Environment Offices of rural or urban districts, provincial towns or cities where exists land or assets attached to land in localities without land use right registries (hereinafter referred collectively to as district-level land use right registries) shall register mortgages and guarantees in cases where the mortgagors or guarantors are Vietnamese households or individuals; or overseas Vietnamese who are entitled to buy dwelling houses associated with the residential land use rights. 2. Tasks and powers of the land use right registries in mortgage and guarantee registration 2.1. To register the mortgage of, or guarantee with, the land use rights and/or assets attached to land in cases mentioned in Clause 2, Section I of this Circular. 2.2. To collect mortgage and guarantee registration fees. 2.3. To refuse to register mortgages or guarantees in the following cases where: a/ The mortgage or guarantee registration falls beyond the cases mentioned in Clause 2, Section I of this Circular; b/ The mortgage or guarantee registration falls beyond their competence as provided for in Clause 1, Section II of this Circular; c/ Registration dossiers are invalid under the provisions of Point 8.2, Clause 8, Section I of this Circular; d/ Forged papers in registration dossiers are detected; e/ Information in the written requests for mortgage or guarantee registration varies with information in the mortgage or guarantee contracts or cadastral dossiers; f/ Information on the registered mortgage or guarantee contents in the written requests for registration of changes, error correction, cancellation of registration or notification on the disposal of mortgage or guarantee assets varies with information in cadastral dossiers; g/ The mortgagors or guarantors are detected as being not entitled to the mortgage of, or guarantee with, the land use rights under the provisions of land law; h/ The registration requesters fail to pay registration fees. 3. Responsibilities of the land use right registries in mortgage and guarantee registration 3.1. To make registration strictly according to the contents of the valid written registration request. 3.2. To carry out the mortgage or guarantee registration strictly according to the order, procedures and time limit provided for in this Circular. 3.3. Not to request parties to mortgage or guarantee contracts to submit any additional papers other than those guided in this Circular. 3.4. If breaching the provisions of Points 3.1, 3.2 and 3.3 of this Clause, registrars shall be disciplined and bear material liabilities under the provisions of Point 2 of Article 175 and Article 176 of Decree No. 181/2004/ND-CP. 4. To send lists of already registered mortgages and guarantees once every month (on the last day of a month) or transfer electronic data (in cases where the registries have applied information technology to the mortgage and guarantee registration work) to the National Security Transaction Registration Department under the Justice Ministry. III. REGISTRATION OF THE MORTGAGE OF, AND GUARANTEE WITH, THE LAND USE RIGHTS AND/OR ASSETS ATTACHED TO LAND 1. Registration dossiers shall be filed with the competent land use right registries mentioned in Clause 1, Section II of this Circular. In cases where the mortgagors or guarantors are households or individuals using land or owning assets attached to land in communes or townships, their mortgage or guarantee registration dossiers shall be filed with the People's Committees of the communes or townships where exists the land or assets attached to land or with the district-level land use right registries. 1.1. Dossiers for registration of the mortgage of, or guarantee with, the land use rights or the land use rights and assets attached to land shall each comprise: a/ The written request for the mortgage or guarantee registration, two (02) originals; the written authorization (if any); b/ The contract on the mortgage of, or guarantee with, the land use rights and/or assets attached to land, which has been notarized or authenticated according to the provisions of Point a, Clause 1, Article 130 of the Land Law, one (01) original; c/ The land use right certificate, granted under the provisions of the 1987 Land Law, the 1993 Land Law or the 2003 Land Law, or the urban dwelling house ownership and residential land use right certificates, granted under the Government's Decree No. 60/CP of July 5, 1994 (hereinafter referred collectively to as land use right certificates); the certificate of dwelling house ownership or construction work ownership right and other kinds of certificate of the ownership over assets attached to land, if it is so provided for by law (hereinafter referred collectively to as certificates of the ownership over assets attached to land); In cases where the mortgagors or guarantors have no land use right certificates, they shall submit one of the land use right papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law; written certification of the State bodies currently managing land registers or cadastral books, in cases where the mortgagors or guarantors are named in such registers or books; the papers defined at Points a and c, Clause 1 of Article 135, Points a and c, Clause 1 of Article 136, Points a, c, d and e, Clause 1 of Article 137, of Decree No. 181/2004/ND-CP for the simultaneous grant of land use right certificates; d/ In cases where the mortgage or guarantee registration is carried out together with the land plot separation or consolidation (as requested), apart from the papers mentioned at Points a, b and c of this Sub-Item, an application for land plot separation or consolidation made according to Form No. 17/DK, issued together with Circular No. 29/2004/TT-BTNMT, is required. 1.2. Dossiers for registration of the mortgage of, or guarantee with, assets attached to land or future assets attached to land shall each comprise: a/ The written request for mortgage or guarantee registration, two (02) originals; the written authorization (if any); b/ The mortgage or guarantee contract, one (01) original; c/ The land use right certificate or one of the land use rights papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law; the written certification of the State body currently managing land registers or cadastral dossiers in cases where the mortgagor or guarantor is named in such registers or cadastral books. d/ The certificate of the ownership over assets attached to land (if any); e/ The construction permit or investment project already approved by the competent authority in case of the mortgage of, or guarantee with, future assets attached to land, which, under law, require construction permits or formulation of investment projects. 2. In cases where registration dossiers are filed with the commune/township People's Committees, the commune/township People's Committees shall collect registration fees; record in the dossier-receiving books the mortgage or guarantee registration dossiers and give the registration requesters the dossier receipts. Within three (03) working days after receiving valid dossiers, the commune/township People's Committees shall have to transfer the entire dossiers and collected registration fee amounts to the district-level land use right registries. 3. When receiving mortgage or guarantee registration dossiers, registrars must check whether the registration falls under competence of the registries; and examine registration dossiers under the guidance in Clause 1 of this Section. If the registration falls under their competence and the registration dossiers are valid, registrars shall request dossier submitters to pay registration fees; record time of receiving the dossiers (hour, minute, day, month, year) in the written requests for registration; record such dossiers in the books for reception of mortgage or guarantee registration dossiers and give the registration requesters appointment slips for returning the registration results. In case of having grounds to refuse the registration as mentioned at Point 2.3, Clause 2, Section II of this Circular, registrars shall refuse to make registration and guide registration requesters to abide by regulations. The refusal of registration must be recorded in writing and reasons therefor must be stated clearly. 4. In case of mortgage of, or guarantee with, the land use rights, the land use rights and assets attached to land or the land use rights and future assets attached to land and the mortgagor or the guarantor possesses the land use right certificate, within the registration time limit, the land use right registry shall carry out the following jobs: 4.1. Inscribing the contents of mortgage or guarantee registration in the land use right certificate under the provisions of the Natural Resources and Environment Ministry's Decision No. 24/2004/QD-BTNMT of November 1, 2004, promulgating the regulations on land use right certificates (hereinafter called Decision No. 24/2004/QD-BTNMT) and its Circular No. 01/2005/TT-BTNMT of April 13, 2005, guiding the implementation of a number of articles of Decree No. 181/2004/ND-CP; and record such in the cadastral book and the book for monitoring land developments under the guidance in Circular No. 29/2004/TT-BTNMT. In case of registration of the mortgage of, or guarantee with the land use rights and assets attached to land, which, however, have not yet been recognized in the land use right certificate, the column "Contents of changes and legal bases", Section VI of the land use right certificate and the column "Notes or developments and legal grounds", Section III of the cadastral book must be inscribed with "Mortgage of the land use rights, assets attached to land with the bank or another economic organization, Mr., Ms., or household ( name of the mortgagee ) under the mortgage contract or credit contract (if the mortgage is stated in the credit contract) No../dated../../..", in case of mortgage, or "Guarantee with the land use rights, assets attached to land with the bank or another economic organization, Mr., Ms., or household ( name of the guarantee ) under the guarantee contract or credit contract (if the guarantee is stated in the credit contract) No../dated../../..", in case of guarantee. In case of registration of the mortgage of, or guarantee with, the land use rights and future assets attached to land, the column "Contents of changes and legal bases", Section VI of the land use right certificate, the column "Notes or developments and legal grounds", Section III of the cadastral dossier and column "Contents of developments" of the book for monitoring land developments must be inscribed with "Mortgage of the land use rights, future assets attached to land with the bank or another economic organization, Mr., Ms., or household ( name of the mortgagee ) under the mortgage contract or credit contract (if the mortgage is stated in the credit contract) No../dated../../..", in case of mortgage; or "Guarantee with the land use rights, future assets attached to land with the bank or another economic organization, Mr., Ms., or household ( name of the guarantee ) under the guarantee contract or credit contract (if the guarantee is stated in the credit contract) No../dated../../..", in case of guarantee; 4.2. Inscribing the certification of registration in the written request for mortgage or guarantee registration; 4.3. Returning directly or by registered mail (at the request of the registration requester) one (01) original of the written request for registration and the land use right certificate, the certificate of the ownership over assets attached to land (if any) to the registration requester or the People's Committee of the commune or township where exists the land or assets attached to land in cases where the registration dossier is filed with the commune/township People's Committee; keeping other papers of the registration dossier. In cases where the land use right registry refuses to make registration, it shall return the entire dossier and collected registration fee amount to the registration requester or transfer them to the commune/township People's Committee, if the registration dossier is filed with the commune/township People's Committee. Within three (03) working days after receiving the registration results or registration dossier and registration fee amount (in case of registration refusal), the commune/township People's Committee shall have to return them to the registration requester. 5. The mortgage of, or guarantee with, assets attached to land or future assets attached to land in cases where the mortgagors or guarantors possess land use right certificates shall be carried out in the same way as guided in Clause 4 of this Section. The column "Contents of changes and legal bases", Section VI of the land use right certificate, the column "Notes or developments and legal grounds", Section III of the cadastral book and the column "Contents of developments" of the book for monitoring land developments must be inscribed with "Mortgage of assets attached to land (or future assets attached to land) with the bank or another economic organization, Mr., Ms., or household ( name of the mortgagee ) under the mortgage contract or credit contract (if the mortgage is stated in the credit contract) No../dated../../..", in case of mortgage; or "Guarantee with assets attached to land (or future assets attached to land) with the bank or another economic organization, Mr., Ms., or household ( name of the guarantee ) under the guarantee contract or credit contract (if the guarantee is stated in the credit contract) No../dated../../..", in case of guarantee. 6. In case of mortgage of, or guarantee with, the land use rights, land use rights and assets attached to land or land use rights and future assets attached to land whereby the mortgagor or the guarantor possesses one of the land use rights papers defined in Clauses 1, 2 and 5, Article 50 of the Land Law, the land use right registry shall carry out the following jobs: 6.1. Within the registration time limit, verifying the dossier; if the dossier is valid, certifying the mortgage or guarantee registration in the written registration request, returning directly or by registered mail (at the request of the registration requester) one (01) original of the written registration request and the certificate of the ownership right over assets attached to land (if any) to the registration requester or the People's Committee of the commune of township where exists the land or assets attached to land in cases where the registration dossier is filed with the commune/township People's Committee; 6.2. Carrying out procedures for the grant of a new land use right certificate according to the provisions of Articles 135, 136 and 137 of Decree No. 181/2004/ND-CP. After the competent State agency grants the new land use right certificate, inscribing the registered mortgage or guarantee contents in the land use right certificate, the cadastral book and the land development-monitoring book under the guidance at Point 4.1, Clause 4 of this Section and returning the land use right certificate under the guidance at Point 4.3, Clause 4 of this Section. 7. Mortgage and guarantee registration in case of using one asset to secure the performance of many obligations. In cases where a mortgagor or a guarantor uses the land use rights or the land use rights and assets attached to land to secure the performance of many obligations, if the mortgagee or the guarantee is keeping the land use right certificate, he/she/it must hand over such certificate to the mortgagor or the guarantor for the latter to compile mortgage or guarantee registration dossier under the guidance in Clause 1 of this Section. IV. REGISTRATION OF CHANGES IN THE REGISTERED MORTGAGE OR GUARANTEE CONTENTS 1. Cases where changes in the registered mortgage or guarantee contents must be registered: 1.1. Change of one or all of the parties to the mortgage or guarantee contract; 1.2. Change of the name of one party or names of all parties to the mortgage or guarantee contract; 1.3. Partial withdrawal of the mortgage or guarantee assets being the land use rights and/or assets attached to land; 1.4. Replacement, addition of the mortgage or guarantee assets being assets attached to land; 1.5. Alteration of the payment order of priority; 1.6. Upon the creation of assets attached to land which have been regarded future assets under the guidance in Clause 3, Section I of the Justice Ministry's Circular No. 06/2002/TT-BTP of February 28, 2002, guiding a number of provisions of the Government's Decree No. 165/1999/ND-CP of November 19, 1999, on security transactions. 2. Requesters for registration of changes in the mortgage or guarantee contents already registered in a registry shall file their dossiers for registration of changes in such contents with that registry. Such a registration dossier shall comprise: 2.1. The written request for registration of changes in the registered mortgage or guarantee contents, two (02) originals; the written authorization (if any); 2.2. The land use right certificate, in case of registration of changes in the contents already inscribed in the land use right certificate; the certificate of the ownership over assets attached to land (if any), in case of replacement or addition of assets attached to land; 2.3. The contract on changes in the mortgage or guarantee contents. The competent State agency's document on the renaming of one party or all parties to the mortgage or guarantee contract, in case of such renaming. 3. The reception of dossiers for registration of changes shall comply with the guidance in Clauses 2 and 3, Section III of this Circular. 4. Within the registration time limit, the land use right registry shall carry out the following jobs: 4.1. Modifying the registered mortgage or guarantee contents in the land use right certificate according to the provisions of Decision No. 24/2004/QD-BTNMT; in the cadastral book and land development-monitoring book under the guidance in Circular No. 29/2004/TT-BTNMT. The column "Contents of changes and legal bases", Section VI of the land use right certificate, the column "Notes or developments and legal grounds", section III of the cadastral book, and the column "Contents of developments" of the book for monitoring land developments" must be inscribed with the following: a/ In case of change of one or all of the parties to the mortgage contract: "Change of the mortgagor (or the mortgagee) into a new mortgagor (or new mortgagee) being..( name of the new party ) at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; In case of change of one or all of the parties to the guarantee contract: "Change of the guarantor (or the guarantee) into a new guarantor (or new guarantee) being..( name of the new party ) at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; b/ In case of renaming of one party or all parties to the mortgage contract: "Renaming of the mortgagor (or the mortgagee) into ..( new name ), at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; In case of renaming of one party or all parties to the guarantee contract: "Renaming of the guarantor (or the guarantee) into ..( new name ), at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; c/ In case of partial withdrawal of the mortgage or guarantee assets being the land use rights or assets attached to land: "Partial withdrawal of the mortgage (or guarantee) assets being the land use rights (or assets attached to land) with the remainder being..( to inscribe information on the remaining assets ), at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; d/ In case of replacement of the mortgage or guarantee assets being assets attached to land, to delete the registration of the replaced assets and inscribe: "Replacement of the mortgage (or guarantee) assets being…( to inscribe information on the replaced assets ) with…( to inscribe information on the replacing assets ), at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; In case of addition of the mortgage or guarantee assets being assets attached to land, to inscribe "Addition of the mortgage (or guarantee) assets being..( to inscribe information on added assets ), at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; e/ In case of change of payment order of priority, to inscribe "Change of payment order of priority upon disposal of the mortgage (or guarantee) assets for..( to inscribe the name of the mortgagee or guarantee that is given priority to be paid first ) to enjoy the first payment,..( to inscribe the name of the mortgagee or guarantee to be paid later ) to enjoy subsequent payments, at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; f/ In cases where assets attached to land are future assets, which, however, have been already formed, to inscribe "Future assets attached to land, which have already been mortgaged (or used as guarantee) to the bank, economic organization, Mr., Ms., or household ( to inscribe the name of the mortgagee or guarantee ), but have been formed, at the written request for registration of changes in the already registered mortgage or guarantee contents dated../../.."; 4.2. Certifying changes of the registered contents in the written request for the registration thereof. 4.3. Returning directly or by registered mail (at the request of the registration requester) one (01) original of the written request for registration, the land use right certificate, the certificate of the ownership over assets attached to land (if any) to the registration requester or the People's Committee of the commune or township where exists the land or assets attached to land, in cases where the registration dossier is filed with the commune/township People's Committee; keeping other papers of the registration dossier. In cases where the land use right registry refuses to make registration, it shall return the entire dossier and collected registration fee amount to the registration requester or the commune/township People's Committee, if the registration dossier is filed with the commune/township People's Committee. Within three (03) working after receiving the registration results or the registration dossier and fee amount (in case of registration refusal), the commune/township People's Committee shall have to return them to the registration requester. 5. In case of addition of the mortgage or guarantee assets being the land use rights, the additional registration shall be carried out under the guidance in Section III of this Circular. In case of replacement of the mortgage or guarantee assets being the land use rights, the cancellation of registration of the replaced assets shall comply with the guidance in Section VII of this Circular while the mortgage or guarantee registration of the replacing assets shall comply with the guidance in Section III of this Circular. V. REGISTRATION OF WRITTEN NOTICES ON THE DISPOSAL OF THE MORTGAGE OR GUARANTEE ASSETS 1. In cases where it is necessary to dispose of the land use rights or assets attached to land, the mortgage or guarantee of which has been registered, within fifteen (15) days before disposing of the mortgage or guarantee assets, the mortgagee or guarantee must register a written notice on the disposal of such assets. 2. The mortgagee or guarantee shall file the written request for registration of the written notice on the disposal of the mortgage or guarantee assets, two (02) originals, and a written authorization (if any) with the body that has registered such mortgage or guarantee. The reception of the written request for registration shall comply with the provisions of Clauses 2 and 3, Section III of this Circular. 3. Within the registration time limit, the land use right registry shall carry out the following jobs: 3.1. Inscribing the registration of the written notice on the disposal of mortgage or guarantee asset in Section III of the cadastral book and the land development-monitoring book under the guidance in Circular No. 29/2004/TT-BTNMT, where the column "Notes or developments and legal grounds" of the cadastral book and the column "Contents of developments" of the land development-monitoring book shall be inscribed with "Having already issued a written notice on the disposal of.. ( name of the assets to be disposed of ) which have been mortgaged (or used as guarantee) to the bank, other economic organization, Mr., Ms., or household ( name of the mortgagee or the guarantee ), at the written request for registration of the written notice on the disposal of the mortgage or guarantee assets dated../../.."; 3.2. Certifying the written request for registration of the written notice on the disposal of mortgage or guarantee assets; 3.3. Notifying in writing the disposal of mortgage or guarantee assets to the registered joint mortgagees or guarantees in cases where the land use rights or assets attached to land are used to secure the performance of many obligations; 3.4. Keeping one (01) original of the written request for registration; returning directly or by registered mail (at the request of the registration requester) the other original of such request to the registration requester or the People..s Committee of the commune or township where exist the land and/or assets attached to land, in cases where dossier for registration of the written notice on the disposal of the mortgage or guarantee assets is filed with the commune/township People's Committee. Within three (03) working days after receiving the registration results or the registration dossier and fee amount (in case of registration refusal), the commune/township People's Committee shall have to return them to the registration requester. VI. CORRECTION OF ERRORS IN THE MORTGAGE OR GUARANTEE REGISTRATION CONTENTS 1. When one or all of the parties to a mortgage or guarantee contract detects errors in the mortgage or guarantee registration contents, they shall submit to the land use right registry where they have registered the mortgage or guarantee two (02) originals of a written request for error correction; the land use right certificate (if the mortgage or guarantee registration contents inscribed in such certificate are erroneous); the certificate of the ownership over assets attached to land (if any), in case of correction of errors in the written request for registration of assets attached to land; the written authorization (if any). 2. The reception of the written request for correction of errors in the mortgage or guarantee registration contents shall comply with the provisions of Clauses 2 and 3, Section III of this Circular. 3. Within the registration time limit, the land use right registry shall carry out the following jobs: 3.1. Correcting errors in the land use right certificate according to the provisions of Decision No. 24/2004/QD-TNMT and the cadastral book under guidance in Circular No. 29/2004/TNMT (if the mortgage or guarantee registration contents inscribed in such certificate or cadastral book are erroneous); 3.2. Certifying the written request for correction of errors; 3.3. Returning directly or by registered mail (at the request of the registration requester) one (01) original of the written request for error correction, the land use right certificate, the certificate of the ownership over assets attached to land (if any) to the registration requester or the People's Committee of the commune or township where exist the land and/or assets attached to land, in cases where the registration dossier is filed with the commune/township People's Committee; keeping other papers of the registration dossier. Within three (03) working days after receiving the results of error correction, the commune/township People's Committee shall have to return them to the registration requester. VII. CANCELLATION OF THE MORTGAGE OR GUARANTEE REGISTRATION 1. The mortgage or guarantee registries shall cancel the mortgage or guarantee registration in the following cases: 1.1 An obligation secured by the mortgage or guarantee has been fulfilled; 1.2. A mortgage or guarantee is cancelled or replaced with other security measures; 1.3. A mortgage or guarantee contract terminates under the court judgment or decision; 1.4. A mortgage or guarantee asset has been disposed of according to the provisions of law; 1.5. According to agreement of the involved parties. 2. Dossiers for registration cancellation in cases mentioned in Clause 1 of this Section shall be filed with the land use right registries which have registered the mortgage or guarantee. Such a dossier shall comprise: 2.1. The written request for cancellation of the mortgage or guarantee, two (02) originals; the written authorization (if any); 2.2. The land use right certificate. 3. The reception of written requests for cancellation of the mortgage or guarantee shall comply with the guidance in Clauses 2 and 3, Section III of this Circular. 4. Within the registration time limit, the land use right registry shall carry out the following jobs: 4.1. Deleting the mortgage or guarantee registration in the land use right certificate according to the provisions of Decision No. 24/2004/QD-TNMT, in the cadastral book and land development-monitoring book under the guidance in Circular No. 29/2004/TT-TNMT; 4.2. Certifying the deletion of the mortgage or guarantee registration in the written request therefor; 4.3. Returning directly or by registered mail (at the request of the registration cancellation requester) one (01) original of the written request for registration deletion and the land use right certificate to the registration deletion requester or the People's Committee of the commune or township where exist the land and/or assets attached to land, in cases where the registration dossier is filed with the commune/township People's Committee; keeping other papers of the registration deletion dossier. Within three (03) working days after receiving the registration results from the district-level land use right registry, the commune/township People's Committee shall have to return them to the registration requester. 5. In case of registration deletion mentioned at Point 1.3, Clause 1 of this Section, the mortgage or guarantee registration shall be legally invalid under the provisions of Clause 8, Section I of this Circular, as from the registration time. VIII. IMPLEMENTATION ORGANIZATION 1. This Circular takes effect 15 days after its publication in "CONG BAO." To promulgate together with this Circular the following forms: a/ Form No. 01/DKTC: Written request for registration of the mortgage of the land use rights and/or assets attached to land; b/ Form No. 02/DKBL: Written request for registration of the guarantee with the land use rights and/or assets attached to land; c/ Form No. 03/DKTD: Written request for registration of changes in the already registered mortgage or guarantee contents; d/ Form No. 04/XDK: Written request for cancellation of the registration of the mortgage of, or guarantee with, the land use rights and/or assets attached to land; e/ Form No. 05/DKVB: Written request for registration of written notices on the disposal of the mortgage or guarantee assets; f/ Form No. 06/SCSS: Written request for error correction; g/ Form No. 07/BSTS: Additional page on assets; h/ Form No. 08/BSCB: Additional page on the parties to the mortgage or guarantee contract; i/ Form No. 09/DMDK: List of registered mortgages and guarantees; j/ Form No. 10/STN: Book for reception of dossiers for registration of the mortgage of, or guarantee with, the land use rights or assets attached to land. The land use right registries shall have to distribute the request forms (free of charge) and guide registration requesters to make declaration; print and compile books for reception of mortgage or guarantee registration dossiers according to Form No. 10/STN. 2. This Joint Circular replaces Joint Circular No. 03/2003/TTLT/BTP-BTNMT of July 4, 2003, of the Ministry of Justice and the Ministry of Natural Resources and Environment, guiding the order and procedures for registration of, and supply of information on, the mortgage of, and guarantee with, the land use rights and/or assets attached to land. 3. The People's Committees of the provinces or centrally-run cities shall have to organize and direct the provincial/municipal Services of Natural Resources and Environment, Justice Services and relevant services and branches in their respective localities as well as the People's Committees of rural and urban districts, provincial towns and cities to implement this Circular. 4. The provincial/municipal Services of Natural Resources and Environment shall have to direct and guide the transfer of mortgage and guarantee dossiers which have been registered before the effective date of this Circular to the land use right registries attached to them; coordinate with the provincial/municipal Justice Services in providing professional guidance on mortgage and guarantee registration for land use right registries. The commune/ward/township People's Committees shall transfer the registered mortgage and guarantee dossiers to the district-level land use right registries or Natural Resources and Environment Offices of rural or urban districts, provincial towns or cities without land use right registries. 5. Mortgage and guarantee contracts, which have been registered according to the provisions of law before the effective date of this Circular, need not be re-registered under the guidance in this Circular. 6. In the course of implementation, if any difficulty or obstacle arises, individuals and organizations should promptly report it to the Justice Ministry and the Natural Resources and Environment Ministry for study and solution. Minister of Justice UONG CHU LUU Minister of Natural Resources and Environment MAI AI TRUC