Circular 3/2015/tt-Nhnn: Guidelines, Mortgage Procedures And Accept The Property As Investment Projects To Build Houses, Houses Of Formation In The Future

Original Language Title: Thông tư 26/2015/TT-NHNN: Hướng dẫn trình tự, thủ tục thế chấp và giải chấp tài sản là dự án đầu tư xây dựng nhà ở, nhà ở hình thành trong tương lai

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THE STATE BANK OF VIETNAM
Number: 26 /2015/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 9, 2015

IT ' S SMART

The order guide, mortgage procedure and asset dissolution are the investment project.

Building housing, The house is in the future. i

______________________

The Civil Code base. Stain. 33 /2005/QH11 June 14, 2005;

House Law Base Stain. 65 /2014/QH13 November 25, 2014;

Base. Bank of the State Bank of Vietnam Stain. 46 /2010/QH12 June 16, 2010;

The Rules of Credit: Stain. 47 /2010/QH 1 2 June 16, 2010;

Base of Protocol 99 /2015/NĐ-CP October 20, 2015 by the Government regulating details and direction of th ... i The law of the House,

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief of the Legal Affairs and the Deputy Minister of Policy Okay. n bad.

The Governor of the State Bank of Vietnam issued a d-direction There. n the mortgage, the mortgage procedure and the property dispute is the housing construction investment project, the housing that formed in the imagination. n Lai.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information guides the order, the mortgage and the solution at the credit organization, the foreign bank branch to the following assets:

a) The investment project for housing construction, housing in the future of the investment holder of housing construction projects;

b) The home in the future of the organization, the individual buying houses in the future form in the housing construction project;

c) Housing in the future is built on the land in the legal, individual.

2. The mortgage of the property rights arise from the purchase contract, the lease of housing, the project transfer contract and other property rights associated with the housing in the future, the project investment project housing the mortgage on the rules of the United States. the law must follow the provisions of the Housing Law, the digital decree. 99 /2015/NĐ-CP October 20, 2015 of the Government rules the details and guidelines that implement some of the provisions of the House Law and the provisions of the relevant law.

3. The recognition of the mortgage contract, the registration of the mortgage on the regulation of the law on the evidence, the mortgage registration and the provisions of the relevant law.

What? 2. Subject applies

This information applies to the following objects:

1. Credit organizations, foreign bank branches are established and operate under the Law of Credit organizations (later known as credit organization).

2. The owner of the housing construction project (later called an investment owner).

3. Organization, individuals buy home in the future form in the investor ' s housing construction investment project.

4. Organization, the individual who builds houses in the future on the land on its legal property.

5. organizations, other individuals with regard to the mortgage, the asset dispute is the investment project building housing, housing in the future.

What? 3. The principle of implementation of the investment project building housing, housing in the future form.

1. The credit organization accepts the investment of housing construction, housing in the future must be made as prescribed in this Information, the provisions of the other laws are relevant.

2. The investor is mortgaged to the project or house in the future of construction in the project at the credit organization to borrow capital for the investment of the project or building housing there.

3. Organization, the individual who builds houses in the future of the land on its legal property is mortgaged here at the credit organization to borrow capital for building housing; organization, individuals buying homes in the future in the first project. The building of the owner's home was mortgaged here at the credit organization to buy the house there.

4. The mortgage of housing construction investment, housing in the future, is only made when those assets have sufficient regulatory conditions in Article 7 of this Smart.

5. The investment holder has mortgaged the house in the future of the housing construction investment project, when the mortgage-building investment project was only mortgaged to not include housing in this future.

6. The case has mortgaged the property rights in relation to the housing construction project, housing the future of the mortgage under the rule of law, is not allowed to accept the investment in building housing, housing in the future. That ' s the regulation of this.

What? 4. Rights and obligations of the mortgage

1. The right of the mortgage:

a) To reject the requirements of the recipient of the accepted mortgage with the agreement in the mortgage agreement and the rule of the law;

b) Be given the papers in the mortgage filing immediately after the implementation of the obligations to the recipient of the mortgage on the agreement between the parties or the case of the mortgage instead of another guarantee or replace the other secured property when being party. accept the mortgage;

c) Other rights under agreement with the recipient of the mortgage and regulation of the law.

2. The obligation of the mortgage:

a) Provide full of the accepted mortgage profile at Article 9 of this Information;

b) The correct implementation of the agreed content in the mortgage contract;

c) In case the mortgage housing is damaged, destroyed, unable to complete the construction or halt of the construction process then the mortgage must inform the recipient of the mortgage and replace it with another property of equal or complementary value, replacement with another guarantee, except for the case of other agreements;

d) Create a condition for the recipient to take over the custody of the custody, examine the process of formation of collateral;

The following agreements with the accepted and regulatory obligations of the law.

What? 5. Rights and obligations of the accepted party

1. The right of the mortgage recipient:

a) The mortgage requirement provides full of the accepted mortgage profile at Article 9 of this Information;

b) Perform the right to monitor, examine the process of formation of collateral;

c) Is entitled to revaluation the periodic mortgage asset or at any time under the writable agreement in the mortgage contract to request additional mortgages, replace collateral or other secure measures if necessary;

d) Do the processing of collateral in accordance with the rule of law in the case of a mortgage that does not implement or execute the untrue obligations under the agreement in the mortgage contract, the loan contract;

Ask the owner to have a future home in the future of the sale to the mortgage, the mortgage provides information concerning collateral and faciliteit to the recipient of the acceptance of the custody, examination of the process of collateral.

e) Other rights under agreement with the mortgage and regulation of the law.

2. The obligation of the mortgage recipient:

a) The correct implementation of the agreed content in the mortgage contract;

b) Check, verify that the housing construction investment project, housing in the future, is eligible for the mortgage in accordance with the provisions of this Article 7;

c) Monitoring the process of formation of collateral;

d) Not to interfere or make it difficult for the formation of collateral when carrying out the monitoring, inspection;

) Deliver the documents that the mortgage has submitted in the mortgage filing to the mortgage after the mortgage is taken over the obligation by the agreement or the case of the mortgage being replaced by another guarantee or replace the other secured property when it comes to the party. accept the mortgage;

e) Following the signing of the mortgage, the recipient of the mortgage must send the letter to the owner of the investment to inform the future of the housing purchase.

g) Save the mortgage filing in the loan case according to the rule of law;

h) Perform other obligations under the agreement with the mortgage and the regulation of the law.

What? 6. The rights and obligations of the investor have a home in the future sold to the organization, individual

1. Investment holder:

a) The refusal to provide information, documents related to the uncorrect mortgage profile at this message;

b) Other rights under the rule of law.

2. The owner ' s obligation:

a) The owner of the investment with records sent by the State Agency has jurisdiction to be informed of the eligible housing sold;

b) A full, honest-to-home supply of documents to the buyer's party to perform the mortgage at the prescribed credit organization at this level. Assigned to the recipient of the acceptance of the papers, documents related to the mortgage housing were born after the time of the confirmation of the mortgage's mortgage contract;

c) When the recipient ' s announcement of the mortgage on the future form of the future is being accepted, the investment holder is not made the procedure of transferring the house in that future form to any organization, individual, if there is no written consent. of the mortgage of the mortgage;

d) Create a condition for the recipient of the acceptance of the custody, examination of the process of formation of the mortgage housing;

Notice to the mortgage, the recipient of the mortgage, the advance payment of the housing money, the construction and completion of the housing construction.

e) Perform other obligations under the rule of law.

Chapter II

SEQUENCE, MORTGAGE, INVESTMENT PROJECT

BUILDING HOUSING, HOUSING IN THE FUTURE.

What? 7. The conditions of mortgage investment project construction and housing mortgage generation in the future at credit organization

1. The investment owner is partially mortgaged or the entire investment project construction project in response to the full response of the following conditions:

a) There is a project profile, which has the technical design of the approved project;

b) There is a Certificate of Identification or determination of the land, the land lease of the state agency with jurisdiction;

c) Is the investment building in regulation at this Article 8.

2. The fourth generation of housing mortgaged to the future form of the housing construction project when fully responding to the following conditions:

a) The conditions of this one Article shall be specified;

b) The house of the collateral shall be built up, and the foundation shall be built according to the ordinance of the law of the building;

c) It is not part of the project that the subject of the mortgage has been subject to regulation at this one Article;

d) No dispute, complaints, rights to property rights;

Do not be prescribed to sentence or not be prescribed in order to accept administrative decisions that have been given the law of law by the authorities of the state authority;

e) No matter has the decision to recover the land, which has the release notice, dismantling the housing agency ' s housing authority.

3. Organization, individual mortgaged housing in the future stipulated at paragraph 2 Article 147 Home Law while fully responding to the following conditions:

a) For the organization, the individual mortgage housing in the future form is built on the land of its legal land:

(i) There is a certificate of the right to use the land in legal under the rule of the land law;

(ii) There is a construction permit if the colony must have a construction permit under the regulation of the relevant law;

(iii) Regulatory conditions at point d, e, e paragraph 2 This;

b) For the organization, the individual mortgaged in the future form of the investment holder of the investment holder in the housing construction investment project:

(i) There is a contract to buy the house in signing with the investment owner;

(ii) There is a transfer of the contract to the housing sale if it is the recipient of a contract to purchase the house in accordance with the regulations;

(iii) There are proof papers that have made money for the owner of the investment by the progress of the agreement in the contract to buy the housing sale;

(iv) No matter is having a complaint, complaint, dispute over the purchase contract at or about the transfer of the purchase contract here;

(v) Regulatory conditions at the point, e paragraph 2 This.

What? 8. The type of investment project building in That ' s a loan to the credit organization.

The mortgage-building investment project to borrow capital by regulation at this Smart Capital is one of the investment housing construction projects in paragraph 2 Article 17 Housing Law, including:

1. The new construction investment project or renovation of an independent housing building or a cluster of housing buildings.

2. The investment project building housing engineering and infrastructure infrastructure in rural areas.

3. The investment project building the municipality or project uses mixed land that has a land area in the project to build housing.

4. The investment construction project has the purpose of using the mixture to stay and business.

What? 9. mortgage profile

The mortgage profile to borrow funds at the credit organization includes the following papers:

1. For the collateral is the housing construction investment project:

a) Project filings, the technical design of the approved project;

b) The certificate or decision of the land, the land lease of the state authority has jurisdiction (the original);

c) The mortgage contract is consistent with the rule of law;

d) Other papers (if any).

2. For collateral as a home in the future of the construction owner ' s investment in the housing construction investment project:

a) The papers stipulated at this one Article;

b) The proof paper completed the foundations under the rule of construction legislation.

3. For collateral as a home in the future formed by the investment owner in the housing construction investment project:

a) The contract for the purchase of the housing sale is signed between the mortgage with the holder of the appropriate investment of the law on housing (original);

b) The transfer of the contract to purchase housing in accordance with the provisions of the housing law on the case of the mortgage is the party receiving the transfer of the housing purchase contract (original);

c) The proof papers have closed the deposit of housing for the owner of the investment in accordance with the agreement in the contract purchase agreement (original);

d) The mortgage contract is consistent with the rule of law;

Other papers (if any).

4. For collateral as a home in the future of the organization, the individual builds on the land of its legal land:

a) Papers certification for the right to use the land in legal pursuits to the law of land (original);

b) Build permit if the property must have a Building License;

c) The mortgage contract is consistent with the rule of law;

d) Other papers (if any).

Chapter III

SEQUENCE, PROCEDURE FOR THE INVESTMENT PROJECT

BUILDING HOUSING, HOUSING IN THE FUTURE.

What? 10. The property dispute is a housing construction investment project. in Future formation.

1. The mortgage and mortgage party agreed to a partial settlement agreement through the withdrawal of collateral or the dissolution of the entire collateral as an investment project for housing, future housing.

2. The agreement on the dissolution of the mortgage assets must be established in writing. The testimony, process, procedure of document recognition of the acceptance of the mortgage asset according to the regulation of the law is relevant.

3. The dissolution of the collateral is the investment building project, housing the established future at paragraph 1 This is done according to the following sequence:

a) When there is a need to dissolve the collateral, the mortgage sends the text of the solution to the dispute and the documents that are related to the agreement on the dispute between the parties to the accepted party;

b) The recipient of the mortgage has the written consent of the solution and the refund to the mortgage agreement agreeing to the dispute, the records, documents related to the collateral under agreement on the dispute between the parties.

What? 11. Register for mortgage change, register for mortgage registration after the dissolution of the

The registration of the mortgage change, registration for the acceptance of the mortgage post after the implementation of the regulatory dispute at Article 10 of this Act is done by the rule of law on the mortgage change registration, registration of the mortgage registration.

Chapter IV

EXECUTION CLAUSE

What? 12. The organization performs

1. This message has been in effect since December 10, 2015.

2. Since this Private Day is in effect, the procedure, the mortgage procedure and the asset dissolution are the investment building project, housing the future form at the credit organization implemented as specified in this Information.

3. The mortgage on the property is the housing construction investment project, housing the future before the date of this Smart Day taking effect, the parties implementing the contents of the mortgage contract in accordance with the rule of law at the time of the signing. The amendment, the addition of the mortgage contract must be consistent with the regulation at this Smart.

4. Chief of Staff, Chief of the Legal Affairs, Secretary of the Monetary Policy, Head of Units of the State Bank of Vietnam, Director of the State Bank of Vietnam Branch of the provinces, the Central City of China; Chairman of the Board of Directors, Chairman. The Board of Directors and General Manager (Director) of credit organizations are responsible for implementing this Smart ./.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress