1. Conditions are obtained with red book
Pursuant to Clause 1, Article 20 of Decree 99/2022/ND-CP, the mortgage is deleted with the mortgage registration if one of the following cases is:
In fact, the mortgagor is deleted when it is the following cases:
- Due to the principal repayment and fulfilled the debt repayment obligation.
When mortgaging land use rights and other properties attached to land, the parties have the right to agree with each other on the mortgage term (loan term). In fact, households and individuals mortgage land use rights will usually be 3 years.
Accordingly, at the time limit for the parties who have agreed that the mortgagor has completed their obligations (paying the principal and interest), they have the right to delete the mortgage registration as prescribed.
- Not due to the principal but the parties agreed to repay the debt in advance.
2. Dossiers of deletion of the red book registration
Pursuant to Article 33 of Decree 99/2022/ND-CP and guidance in Decision 2546/QD-BTP, dossiers of deletion of registration of security measures with land use rights and assets attached to land including:
- Voucher required to delete registration measures by land use rights and properties attached to land;
- The original certificate in case the security property has a certificate.
In case the person requesting to delete the registration is not the guaranteed receiver and on the required voucher with no signature or seal (if any) of the guaranteed recipient, submit additional papers and documents (the original or certified copy).
- The text with the content shows that the recipient agrees to delete the registration/confirmation of the guarantee contract has terminated, has been liquidated/confirmed on the mortgage in case the requesting request to delete the registration is the guarantor.
- Contracts or other documents have been effective to prove the legal transfer of security properties in case the requester requesting the registration is the recipient of the collateral transfer.
- Auctioned property purchase contract has been legally effective/written certification of judgment execution results in case the person requesting to delete registration is a civil judgment enforcement agency, executor or request to delete registration as a collateral buyer in handling assets.
- The document of the competent authority has the content of the guarantee that the economic organization is not a credit institution to become a foreign -invested enterprise, a Vietnamese citizen who becomes a foreign citizen in case of deletion of registration.
- A written certification of the competent authority on the dissolution of legal entities in case of registration of registration.
3. How to register to delete the red book?
According to Decision 2546/QD-BTP, procedures for deleting registration of measures to ensure land use rights are as follows:
* The sequence of implementation:
Step 1: Apply
- Apply to the Land Registration Office - Department of Natural Resources and Environment, Branch of the Land Registration Office;
- In case the registration dossier for land use rights is submitted through the receiving and returning section of administrative procedures, the provincial Public Administration Service Center and the People's Committee of the commune, the time limit for settling the dossier is calculated from the time the Land Registration Office has received a valid registration dossier.
Step 2: Settlement of records
In case there is no basis for refusal, the Land Registration Office receives valid dossiers, resolves the dossier and returns the results.
* How to do it:
- Through the online registration system.
- Submit the paper directly or send it via postal service.
- via email.
