Legal basis

• Land Law;
• Decree 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law;
• Decree 99/2015/ND-CP detailing and guiding the implementation of a number of articles of the Law on Housing;
• Law on Fees and Charges;
• Joint Circular 09/2016/TTLT-BTP-BTNMT Guiding the registration of mortgage of land use rights and land-attached assets;
• Decree 01/2017/ND-CP Amending and supplementing a number of decrees detailing the implementation of the Land Law;
• Decree 102/2017/ND-CP on registration of security interests;
• Circular 07/2019/TT-BTP Guiding some contents on registration of mortgage rights.

The procedures

Step 1: Submit the application to one of the following agencies or units Land registration office

• The People’s Committee of the commune where the land is located in case the registration requester is a household or individual who wishes to submit the application directly to the People’s Committee of the commune;
• The department receives and returns results according to the one-stop-shop mechanism for localities that have organized a one-stop-shop to receive documents and return results of administrative procedures according to the Government’s regulations.

Step 2: The recipient checks the registration dossier, if the application is invalid, the recipient refuses to register and guides the completion of the application. If the application is valid, the land registration office shall record the registration information in the cadastral book; Certificate; certify the registration content on the registration request form.

Step 3: Return registration results at the Land Registration Office or the one-stop-shop or the Commune-level People’s Committee in case the application is submitted at the Receipt and Return Section. under the OSS mechanism or the Commune People’s Committee.

Individuals and units carrying out procedures can carry out procedures in person, online or through the postal service.

Profile composition

• A notarized or authenticated written agreement between the land user and the owner of the property on land on the creation of the property on land in the case of mortgage of the property on land that the user the land user is not concurrently the owner of the property on land (01 original or 01 certified true copy or 01 uncertified copy enclosed with the original for comparison);
• In case of mortgage of future land-attached assets other than houses, the following additional documents must be submitted:

• • A construction permit as prescribed by law requires a construction permit or a decision on approval of an investment project in accordance with the law requiring an investment project to be made (01 uncertified copy), except for cases where the contract on mortgage of such property is notarized or authenticated; one of the types of Design Drawings showing the construction site of the project in case the investor mortgages the work construction project (01 uncertified copy);
  • A construction permit as prescribed by law requires a construction permit or a decision on approval of an investment project in accordance with the law requiring an investment project to be made (01 uncertified copy), except for cases where the contract on mortgage of such property is notarized or authenticated; one of the types of design drawings showing the premises of the property on land approved by a competent authority in case of mortgage of future land-attached assets, which are construction works. other (01 uncertified copy);

Implementing agency: Land Registry Office

Processing time: no more than 3 working days from the date of receiving valid dossiers.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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