1. Documents and procedures for mortgaging land use rights
a, Land Use Rights mortgage file
Pursuant to Article 27 of Decree 99/2022/ND-CP, the mortgagee submits a set of documents, including the following documents:
- Original form required according to Form No. 01a.
- Guarantee contract or notarized, certified guarantee contract in cases where the Land Law, Housing Law, or other relevant laws stipulate (1 original copy or 1 certified copy).
- Original Certificate (red book, pink book) except for the case of simultaneous submission of the recorded documents for security measures with:
+ Record of registration of changes in land, assets attached to land or dossier certifying ownership of assets attached to land.
b, Implementation procedures
Step 1: Submit documents
- Place of application: Land registration office
Step 2: Receive documents
Step 3: Resolve
- Processing time: No more than 3 working days from the date of receipt of valid documents.
2. Documents and procedures for registering for mortgage cancellation
a, recorded mortgage cancellation
According to Article 33 of Decree 99/2022/ND-CP, the dossier for registration of security measures using land use rights and assets attached to land is regulated as follows:
- Request form according to Form No. 03a.
- Certificate (original) in case the property is guaranteed to have a Certificate.
- In case the person requesting the registration cancellation is not the issuer and the Request Form does not have the signature or stamp (if any) of the issuer, the following additional documents and papers must be submitted (1 copy or 1 certified copy):
+ The text with the content shows that the reciprocal party agrees to delete the registration or confirm the guarantee contract has been terminated, has been liquidated or confirmed on the mortgage in case the requester requesting the registration is the guarantor.
+ Other contracts or documents that have come into legal effect proving the legal transfer of secured assets in cases where the person requesting the registration cancellation is the legal transferee of secured assets, except for the case specified in Point c of this Clause.
+ The contract of purchase and sale of auction property has taken legal effect or written certification of judgment execution results in case the person requesting to delete registration is a civil judgment enforcement agency, executive or request to delete registration as collaterals in handling assets in accordance with the law on civil judgment execution.
+ Documents from competent authorities include the content that the issuer is an economic institution that is not a credit institution and becomes a foreign-invested enterprise, a Vietnamese citizen becomes a foreign citizen in case of registration cancellation.
+ Confirmation document from the competent authority on the dissolution of legal entities in case of registration cancellation.
b, Procedures for mortgage cancellation
Step 1: Submit documents
- Where to register a mortgage, submit the mortgage cancellation registration dossier to that agency.
Step 2: Receive documents
Step 3: Resolve requirements
- Processing time: No more than 3 working days from the date of receipt of valid documents.
