CIRCULAR guiding the registration of mortgage of land use rights, property associated with soil _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The base of civil law on June 14, 2005;
Pursuant to the law of the land on November 26, 2003;
Pursuant to the law amending and supplementing some articles of the law concerning the basic construction investment on June 19, 2009;
Pursuant to Decree No. 83/2010/ND-CP dated 23 July 2010 the Government secured transactions registry;
Pursuant to Decree No. 185/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land;
Pursuant to Decree No. 88/2007/ND-CP on October 19, 2009 by the Government about the certification of land use rights, ownership of housing and other assets associated with the land;
Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment; Decree No. 19/2010/ND-CP of March 2010 and Decree No. 89/2010/ND-CP on August 16, 2010 by the Government about amending and supplementing Decree No. 25/2008/ND-CP;
The Ministry of Justice and Ministry of natural resources and environment unification guidelines registration of mortgage of land use rights, property tied to the land as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular detailed instructions about the authority, records, registration of mortgage of land use rights, property attached to the land.
2. Providing information on the mortgage of land use rights, property associated with the land is made under the provisions of Chapter III of Decree No. 83/2010/ND-CP dated 23 July 2010 the Government secured transactions registry (hereinafter the Decree No. 83/2010/ND-CP), circular No. 01/2007/TT-BTNMT of August 2007 of the Ministry of natural resources and environment direction lead the preparation, control, record management (hereafter referred to as the circular No. 01/2007/TT-BTNMT), circular No. 17/2009/TT-BTNMT on October 21st, 2009 by Ministry of natural resources and environment regulations on land use rights certificates, ownership of the House and other assets attached to land (hereinafter the circular No. 03/2009/TT-BTNMT) and circular No. 69/ 2011/TTLT-BTC-DOJ on May 18, 2010 of the Ministry of finance and the Ministry of Justice guidelines, submission, management and use of the registration fee, the fee guarantee transactions provide transaction information secure and use the regular customer service (hereafter referred to as circular No. 69/2011/TTLT-BTC-BTP).
Article 2. The object that applies to this circular applies to the following subjects: 1. Individuals, households, organizations in the country, Vietnam people settled abroad, foreign individuals, foreign organizations perform registration of mortgage of land use rights, property attached to the land under the provisions of the law;
2. the competent body to register the mortgage of land use rights, property associated with the land;
3. The organizations and individuals related to the registration of the mortgage of land use rights, property attached to the land.
Article 3. The mortgage register cases of land use rights, property associated with the land registration office of land use 1. Subscribe mortgage land use.
2. Registration of the mortgage assets tied to housing mortgages included land, buildings, other, perennial gardens, forest produce is cultivated forest.
3. Registration of the mortgage assets attached to land formation in the future.
4. Registering the mortgage of land use at the same time with the assets attached to land.
5. Registering the mortgage of land use at the same time with the property associated with the land form in the future.
6. registration changes, delete the registration of a mortgage in respect of the cases referred to in paragraph 1, 2, 3, 4 and 5 of this Article.
7. Register the written notice about the disposal of collateral in the case of registered mortgages.
Article 4. The responsibility of agencies, organizations, individuals active in registering the mortgage of land use rights, property associated with land 1. The self-registration required registration and declaration must be responsible before the law for the full, legal, honesty and accuracy of the information declared in the registration documents.
2. the registered office of land use to ensure mortgage registration contents match the information stored in the record.
3. Shall report on the work of registering the mortgage of land use rights, property associated with the land are as follows: a) the registered office of land use made the June report, and annually about the work of registering the mortgage of land use rights, property associated with land , send the Justice Department to the Justice Department, General People's Committee report, central cities (hereafter referred to as the provincial people's Committee).
Report 6, and every year must be sent to the Department of Justice is the latest 7 days after the end of the reporting period specified in point c of this paragraph;
b) provincial people's Committee in implementing the June report, and annually about the work of registering the mortgage of land use rights, property associated with his local land administration, Ministry of Justice (the clue is the national registration Bureau secured transactions) to sum up, the Government reports.
Report 6, and every year must be sent to the Ministry of Justice of 25 days from the end of the reporting period specified in point c of this paragraph;
c) for 6 months, reports the time taken from October of the previous year to 31 March the following year. With regard to the annual report, the time retrieved from October of the previous year to the end of September next year.
4. In addition to the duties and powers prescribed in clause 5 Article 46 of Decree 83/2010/ND-CP, the Justice Department has the responsibility to host, in cooperation with the Department of natural resources and environment, Department of finance, the Interior Department and the other departments concerned to perform the following tasks: a) sudden or recurring test 6, and every year the Office of register of land use locally about the results of the register, to provide information about the mortgage of land use rights, property associated with the land;
b) scrutinize, the provincial people's Committee issued the regulation on coordination in the governance of the secured transactions registry locally; registration process, providing information about the mortgage of land use rights, property attached to the land in accordance with the rules of procedure, the profile of this circular and the other legal texts concerned;
c) Guide, directing the Office of register of land use, organize the certified practitioners and agencies, organizations, and individuals taken seriously, in full the provisions of the law of secured transactions registry;
d) Chief of provincial people's committees to help arrange enough manpower, funding to serve state management activities on registration secured transactions locally; fully equipped facilities, encourage the application of information technology to serve the registration activities, provide information about the mortgage of land use rights, property associated with the land;
DD) apply the solution aims to encourage organizations and individuals to actively search for information on the transaction secure, promote sharing of information on the legal status of the secured property in the locality.
Article 5. Authority registering the mortgage of land use rights, property associated with land 1. The registered office of land use in the Department of natural resources and the environment, the central cities (hereafter referred to as the registered office of the provincial land use rights) where the land, the property associated with the soil made the mortgage registration of land use rights, property associated with the land of the Organization in the country; Vietnam who settled in foreign investment projects in Vietnam; foreign individuals, foreign organizations.
2. the registered office of land use and environmental resource Room in the County, district, town, city in the province where the ground, attached to the land or property in the room environment and resources, districts, towns and cities in the province where the land, the property associated with the soil in the case have not yet established the Office of register of land use (hereafter referred to as the registered office of the authority land use district level) make registration of mortgage of land use rights, property associated with the land of households and individuals in the country; Vietnam people settled abroad bought houses associated with the right to use land in Vietnam.
Article 6. The time limit for settling the registration profile 1. In the case of valid registration documents are one of the types of certificates that have been competent State agencies over the period include: the land use right certificate issued under the provisions of the law of the land in 1987, the Land Law of 1993, land Law in 2003; The certificate of house ownership and land use in, certificates of ownership of housing granted under Housing Law in 2005; The certificate of house ownership and right to use the land in the grantee under the provisions of Decree 60/CP dated 11 July 1994 from the Government about the ownership and rights to use the land in the municipality; The certificate of house ownership, the ownership certificate of construction works are issued under Decree No. 95/2005/ND-CP dated 15 July 2005 regarding the certificate of house ownership, owner of the construction works; Certificates of land-use rights, ownership of housing and other assets attached to land to be granted under the law on amendments and supplements to some articles of the law concerning the basic construction investment of 2009 and Decree No. 88/2007/ND-CP on October 19, 2009 by the Government about the certification of land use ownership of houses and other properties tied to the land registry office for the land use rights are responsible for treating documents register now in receipt of valid registration; If the receipt after 15 hours, then complete the registration within the next working day.
2. In the case of valid registration documents are in one of the documents stipulated in paragraphs 1, 2 and 5 to article 50 of the Land Law in 2003, the registration of mortgages are made within a period not exceeding 10 working days from receipt of valid registration.

3. In the case of registration documents filed in the town Committee or at reception and pay the results according to the one-gate mechanism of people's committees, districts, towns and cities in the province (hereafter referred to as the people's committees at district level), the time limit for settling the registration profile is calculated from the date of the registered office of land use receipt by the Commission town or by the Department and the results according to the OSS moved to.
4. The time limit for settling the registration records prescribed in clause 1 and clause 2 of this Thing doesn't count timing made the certification procedure of land use rights, ownership of housing and other assets attached to land or the duration of the certificate of ownership of the assets attached to land on the land use right certificate ownership of houses and other properties tied to the land.
Article 7. Petition for registration 1. Petition for registration must have the full signature, seal (if any) of the Organization, the individual is signing the mortgage contract or authorized person, except in the following cases: a) mortgage contract of land use, the housing mortgage contracts, mortgage contracts other assets attached to land or property mortgage contracts associated with the land form in the future has certified, attest or certify under the provisions of the law is just a signature, seal of a Contracting Party or authorized person;
b) require registration of registered content changes on the right mortgage, fix errors right mortgage information, request written notice about the disposal of collateral, mortgage registration request has to be signed, the seal of the mortgage;
c) requires clear sign signature mortgage, mortgage party seals and documents agreed to delete the registration of mortgage collateral.
2. The petition to register just a signature of Chief management, liquidation of assets in the case management supervisor, liquidated the assets of the business being in bankruptcy who is required to register.
Article 8. Mortgage registration fee of land use right and property associated with the land registry fees, currency lodging management, using registration fees on mortgage of land use rights, property associated with the soil is done according to circular No. 69/2011/TTLT-BTC-BTP.
Article 9. Organization registration form, individuals when making registration of mortgage of land use rights, property attached to land should use the form attached to this circular.
Chapter II REGISTRATION of MORTGAGE of LAND USE RIGHTS, property ASSOCIATED with LAND REGISTRATION section 1 article 10. Mortgage registration records of land use, land-use rights as collateral with the assets attached to land or mortgaging land use right and property associated with the formation of the future Who filed a registration request (1) the registration documents are: 1. The petition to register the mortgage (1 original);
2. Contract of land using right mortgage, mortgage contract of land use at the same time with the assets attached to land, mortgage contract of land use at the same time with the property associated with the formation of future certified, attested or certified under the provisions of the law (1 original);
3. Certificates of land-use rights, ownership of houses and other properties tied to the ground (1 original);
4. A building permit for the property associated with the land under the provisions of the law must seek permission to build or investment projects approved in the case of property associated with the land form in the future, unless the contract of mortgage assets that have certified authenticated or certified, or property that is not for construction, not set investment project (1 copies are attested);
5. the authoritative text in case the registration request is authorized (1 authenticated copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
Article 11. Mortgage registration records of assets tied to the ground in case the owner of the property associated with the Earth's land use 1. The case of the mortgage assets attached to land that the property that has been certified on the certificate of the land use rights, ownership of housing and other assets tied to the ground, then filed a registration request (1) the mortgage registration documents include: a) the petition for registration of mortgage (1 original);
b) mortgage contract of property attached to the land or property mortgage contracts associated with certified land, attest or certify under the provisions of the law (1 original);
c) certificates of land use rights, ownership of housing and other assets tied to the ground (1 original);
d) text is authoritative in case of mortgage registration requirements is authorized (certified copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
2. in case of mortgage assets attached to land that the property that was conceived, but not yet certified on the certificate of ownership, land use, ownership and other properties tied to the ground, then filed a registration request (1) the mortgage registration documents include : a) the petition for registration of mortgage (1 original);
b) mortgage contract of property attached to the land or property mortgage contracts associated with certified land, attest or certify under the provisions of the law (1 original);
c) certificates of land use rights, ownership of housing and other assets tied to the ground (1 original);
d) text is authoritative in case of mortgage registration requirements is authorized (certified copies), except where the request to present the original authoritative text then just submit 1 copy to collate;
DD) recommended records certificate of ownership of the assets associated with the land as stipulated in Decree No. 88/2007/ND-CP on October 19, 2009 by the Government about the certification of land use rights, ownership of housing and other assets attached to land (hereinafter the Decree No. 88/2007/ND-CP).
Article 12. Mortgage registration records of assets tied to the ground in case the owner of the property tied to the ground at the same time as the land use 1. The case of the mortgage assets attached to land was created on land rent, household, personal capital contribution or by land use does not form the new legal owner of the property that has been issued a certificate of land use rights, ownership of housing and other assets associated with land , then the request to file a (01) the mortgage registration documents include: a) the petition for registration of mortgage (1 original);
b) mortgage contract of property attached to the land or property mortgage contracts associated with certified land, attest or certify under the provisions of the law (1 original);
c) certificates of land use rights, ownership of housing and other assets tied to the land granted to the owner of the property associated with the land rent (1 original);
d) text is authoritative in case of mortgage registration requirements is authorized (certified copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
2. in case of mortgage assets attached to land was created on land rent, household, personal capital contribution or by land use does not form a new entity that property have been formed, but the owners of the property have yet to be granted land use right certificate ownership of houses and other properties tied to the ground, then filed a registration request (1) the mortgage registration documents include: a) the petition for registration of mortgage (1 original);
b) mortgage contract of property attached to the land or property mortgage contracts associated with certified land, attest or certify under the provisions of the law (1 original);
c) the authoritative text in case the registration request is authorized (1 authenticated copies), except where the request to produce the original power of Attorney documents then need only submit 1 copy to collate;
d) records suggest the property ownership certificate attached to the land under the provisions of Decree No. 88/2007/ND-CP. Article 13. Mortgage registration profile properties associated with the formation of the future 1. Cases registered mortgage of the property associated with the formation of the future is not the Organization's housing, individual purchase of the business functioning real estate business prescribed in article 61 of Decree 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law (hereinafter the "Decree No. 71/ 2010/ND-CP), where the land use is the owner of the property associated with the land registration request filed a (1) set of registration documents include: a) the petition to register the mortgage (1 original);
b) mortgage contract of property associated with the formation of the future contract or mortgage the property associated with the formation of future certified, attest or certify under the provisions of the law (1 original);
c) building permit for the property associated with the land under the provisions of the law must seek permission to build or investment project has been approved, unless the contract of mortgage assets that have certified, attested or certified or property that is not subject to licensing, please build , not to establish investment projects (1 copies are attested);
d) certificates of land-use rights, ownership of houses and other properties tied to the ground (1 original);
the authoritative text) in case the person requesting registration of the mortgage is a person authorized (certified copies), except where the request to present the original authoritative text then just submit 1 copy to collate.

2. where the registered mortgage of the property associated with the formation of the future is not the Organization's housing, individual purchase of the business functioning real estate business prescribed in article 61 of Decree 71/2010/ND-CP, where the land use is not the owner of the property associated with the land registration request filed a (01) the registration documents are: a) the petition for registration of mortgage (1 original);
b) mortgage contract of property associated with the formation of the future contract or mortgage the property associated with the formation of future certified, attest or certify under the provisions of the law (1 original);
c) documents proving the agreement between land users and property owners on the land was used to create the property associated with the certified land, attest or certify under the provisions of the law (7 originals or authenticated copies 01);
d) a building permit for the property associated with the land under the provisions of the law must seek permission to build or investment project has been approved, unless the contract of mortgage assets that have certified, attested or certified or property that is not subject to licensing, please build , not to establish investment projects (1 copies are attested);
the authoritative text) in case the person requesting registration of the mortgage is a person authorized (certified copies), except where the request to present the original authoritative text then just submit 1 copy to collate.
Article 14. Application to change the registered mortgage content 1. The registration request filed a (01) record registration required content changes of registered mortgage upon one of the following bases: a) Withdraw less, additional or alternative mortgage party, the party receiving the mortgage;
b) change the name or change the type of business of a party or the parties signed the mortgage;
c) Withdraw less collateral is land use, property associated with the land;
d) additional collateral is land use, property associated with the land;
DD) When the assets attached to land is property formation in the future has been formed.
2. registration changes profiles include: a) the petition to register content change of registered mortgage (1 original);
b) about changing the contract in case the parties to the Agreement supplementing, withdrawal less collateral, less the withdrawal agreement, Supplement, replace one of the Contracting Parties to the mortgage (1 original) or text of the competent State authorities in cases of change of name, change the types of business , change one of the Contracting Parties to the mortgage according to the decision of the competent State agencies (7 copies are attested), except where the request to present the original text of the competent State agencies then need only submit 1 copy to collate;
c) certificates of land use rights, ownership of housing and other assets tied to the ground (1 original);
the authoritative text) in case the person required to register as a person authorized (certified copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
3. When the receiving party in many mortgage mortgage contract of land use rights, property associated with the land change of types of business they require registration filed a (01) record registration request changes to all the contracts which, records include: a) the papers specified in point a c and d, item 2 of this Article;
b) text of the competent State agencies about changing the types of business (7 copies are attested), except where the request to present the original text that then just filed 01 copy to collate;
c) directory of registered mortgage contract (1 original).
4. When there is a change to the name of the receiving party without mortgage in the case prescribed in paragraph 3 of this article or change beneficiary mortgages in many mortgage contract of land use rights, property associated with the land registration request filed a (01) record requires registration change of name or change of beneficiary for all mortgage contracts then, records include: a) the papers specified in point a, c and d of paragraph 2 of this Article;
b) about changing the contract in case the parties to the agreement to change party receive a mortgage (1 original) or text of the competent State authorities in cases of change of name or beneficiary change the mortgage according to the decision of the competent State agencies (7 copies are certified) unless the request to present the original text that then just filed 01 copy to collate;
c) directory of registered mortgage contract (1 original).
5. in the event of a request to change the name of the party to the mortgage, the person required to file a registration (1) the request to record the change specified in clause 2 of this Thing and one (1) set of records to confirm the name change on the land use right certificate ownership of houses and other properties tied to the ground provided for in paragraph 1 to article 29 circular No. 03/2009/TT-BTNMT.
Article 15. Registration documents written notice about the disposal of collateral in the case signed The mortgage registration request written notice about the disposal of collateral in case the registered mortgagee filed a (01) record, including: 1. The petition to sign written notice about the disposal of collateral (1 original);
2. the written notice about the disposal of collateral (1 original);
3. the authoritative text in case the person required to register as a person authorized (certified copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
Article 16. Profile delete registered mortgage When in one of the cases cleared the mortgage registered under the provisions of the law, the person required to file a registration (1) the profile delete register consists of: 1. The petition to delete the registered mortgage (1 original);
2. Certificates of land-use rights, ownership of houses and other properties tied to the ground (1 original);
3. The text agree delete registration of mortgage collateral in case the request is registered mortgage (1 original);
4. the authoritative text in case the person required to register as a person authorized (certified copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
Article 17. The profile requires repair errors by the mortgage register contents of the error register 1. In case of detecting the content of registration certificate are incorrect, incomplete or no content certification on the petition to register, certificate of land use rights, ownership of housing and other assets tied to the ground, then filed a registration request (1) the records required to repair flaws to the registered office of land use where did Register now to repair errors.
2. The records required repair errors include: a) the petition to fix flaws (1 original);
b) certificates of land use rights, ownership of housing and other assets attached to land if the content recorded on the mortgage registration certificates that are erroneous (1 original);
c) petition certified registration of the registry if the certificate of registry content has errors (1 original);
d) text is authoritative in case the required error correction is authorized (1 authenticated copies), except where the request to produce the original power of Attorney documents just filed 12 copies to collate.
Section 2 REGISTRATION PROCEDURE Article 18. Filing of registration 1. The person required to register as individuals, households, the Vietnam settled in foreign countries are buying houses attached to land use in applying to register at the registration office of land use districts where land, assets attached to land.
2. The request for registration is held in the country, Vietnam who settled in foreign investment projects in Vietnam, foreign individuals, foreign organizations filing registration at the registration office of the provincial land use rights which has the land, the property attached to the land.
3. In case of mortgage of land use rights, property attached to land in the then rural area households, individuals in selected countries of the filing in the Office of register of land use districts or filing at the people's Committee of the commune where the land, the property attached to the land.
Case registration documents filed at the Township Committee within 10 working days, the people's Committee of responsible Township transferred the records to the Office of register of land use districts.
Article 19. Receiving registration documents 1. After receiving the required profile registration, the registration done made the following: a) check the validity of the registration record. Invalid profile case officers receiving records from the records of registration and instructions for the registration request made in accordance with the regulations;
b) Burn time of receipt (hour, minute, day, month, year) on receiving Votes of records; sign and specify the name, officers receiving the record;
c) On receiving registration documents to mortgage their land use, property associated with the land;
d) issued to the registered Votes required to receive the records.
2. where the requested record shall be filed in the Department and the results according to the OSS of district-level people's committees, the receiving officer responsible to transfer the profile the profile registration requirements for registered office of land use right in on work to address as specified in paragraph 1 of this article.
Article 20. Mortgage registration, registration changes, register the notification text, delete the register 1. After receiving the required profile registration, registered office land use inspection of records required to register.
2. the base case have denied registration as prescribed in clause 1 article 11, Decree No. 83/2010/ND-CP, the registered office of land use rights to refuse to register the transfer in writing and registration documents, text denied registration for profile reception to return the registration documents and guides who request to make rules.

3. No case base refused the registration within the time limit specified in article 6 of this circular, the registered office of land use right certificate of registration of the mortgage register change registration, message text or remove the sign on the petition to sign and perform the following tasks : a) for registering the mortgage of land use rights, property associated with the land registry office, land use rights burn subscription content on mortgage certificates of land-use rights, ownership and other properties associated with the land; on the main Book, land upheaval as prescribed by law;
b) for registering change of registered mortgage content, the registered office of land use control the content registered mortgage on the land use right certificates, ownership of the House and the other properties associated with the land; on the main Book, land upheaval as prescribed by law;
c) for cases registered written notice about the disposal of collateral, the registered office of land use records the registration written notice about the disposal of collateral to the main Book and track changes in the land; informed in writing about the handling of the collateral for the parties jointly registered mortgage in the case of land use rights, property associated with land use to ensure the implementation of various obligations;
d) for deletion of registration the registration office, mortgage of land use delete on the certificate of registration of land use rights, ownership of housing and other assets associated with the land; delete the registration in the main Book, land upheaval as prescribed by law.
4. in case of mortgage registration, registration changes, register the notification text, delete the registration of the mortgage assets attached to land formation in the future that no property owner's use of the land registration office of land use only content write subscribe the petition to register The main Book, and as the land fluctuations according to the instructions in paragraph 3 of this article.
Article 21. The procedure of registering the mortgage of land use rights, property associated with land registration cases in one of the documents specified in paragraphs 1, 2 and 5 Land Law Article 50 in 2003 1. In the case of households, individuals who have one of the documents specified in clause 1, 2 and 5 to article 50 of the Land Law in 2003 then filed a (01) the mortgage registration documents according to the instructions in the articles 10, 11, 12 and 13 of this circular (certificate not included) and one (1) set of records suggest the certification of land use ownership of houses and other properties tied to the land as stipulated in Decree No. 88/2007/ND-CP to subscription Office land use made the registration of the mortgage and the competent State agency certification.
2. Upon receipt of a valid profile by officers receiving the records moved to the registration office, land use made the following: a) the certificate of registration of the mortgage on the petition to register and pay the mortgage results registered under the provisions of article 27 of this circular;
b) perform the certification procedure of land use rights, ownership of housing and other assets attached to land under the provisions of the law.
3. After the competent State Agency certificates of land use rights, ownership of housing and other assets associated with the land registry office, land use rights are responsible for recording the content registered mortgage on the land use right certificates, ownership of the House and other assets associated with land , The main Book, tracking fluctuations in land Book and pay the certificate was issued to the registration requirements.
4. in the case of the proposed certificate of land use rights, ownership of houses and other properties tied to the land are not eligible to be issued a certificate under the provisions of the law, the Office of the register of land use to cancel the registration of a mortgage, notify in writing the person requesting registration and is not liable in damages According to the provisions of article 49 of Decree 83/2010/ND-CP. Article 22. Subscribe to mortgage assets attached to land that form but have not yet been certified on the certificate of the land use rights, ownership of housing and other assets tied to the ground 1. Within the time limit specified in article 6 of this circular, the registered office of land use to perform the following tasks: a) the certificate of registration of the mortgage on the petition to register and pay the mortgage results registered under the provisions of article 27 of this circular;
b) make certification of ownership of the assets attached to land on the land use right certificates, ownership of the House and other assets attached to land under the provisions of the law.
2. After the competent State Agency certificates of ownership of the assets attached to land on the land use right certificates, ownership of the House and the other properties associated with the land registry office for the land use rights are responsible for recording the content registered mortgage on the land use right certificate ownership of houses and other properties tied to the land, the main book, as fluctuating soil and charged that certificate for the registration request.
3. In the case of land use has been registered before the mortgage assets attached to land are certified on the certificate of ownership, land use, ownership and other properties tied to the ground then the registration request does not have to delete the registered mortgagee of land use while performing the certificate of ownership of the property on the certificate land use rights, ownership of housing and other assets attached to land was granted.
4. in the cases of registered mortgage assets attached to land as stipulated in paragraph 1 of this article, but is not eligible to be certified under the ownership of the Law Office shall register the land use right to cancel mortgage registration, results notifications in writing to the registration request and is not liable in damages as provided defined in article 49 of Decree 83/2010/ND-CP. Article 23. Register the mortgage in case of value complement the guaranteed obligations 1. Additional case worth the guaranteed obligations which the Contracting Party of the new mortgage, the effect is independent of the mortgage contract signed before the request to make the new mortgage registration and not delete the previous mortgage registration.
2. where the value of the additional obligation to ensure that the parties signed a new contract to replace mortgage mortgage signed the request to delete the previous mortgage registration and make new mortgage registration.
3. in case of value complement the obligation to be secured without the addition of the secured property and the parties to the contract amend or supplement annex to modify additional mortgage contract, signed by the Parties shall not make changes to the registry to modify text supplement it.
Article 24. Registration of change in case of change of name of the mortgage in case of party registration requirements apply to register the change of name of the mortgage side simultaneously with the confirmation requirement profile to change the name on the certificate has been issued, the Office of the register of land use to confirm change the name of the party to the mortgage on the land use right certificate ownership of houses and other properties tied to the land and the record before making contact information registration content changes.
Article 25. Modify the content registered mortgage on the land use right certificates, ownership of the House and other properties tied to the land, the main book and track changes in the land registry office for the land use records, modify the content registered mortgage on the land use right certificate ownership of houses and other properties tied to the land, the main Book and track changes in the land according to the instructions in circular No. 01/2007/TT-BTNMT, circular No. 17/2009/TT-BTNMT circular No. 20 and 2010/TT-BTNMT on October 22, 2010 of the Ministry of natural resources and the environment on additional regulations regarding land use right certificate ownership of houses and other properties tied to the land.
Article 26. Repair errors on registering the mortgage due to the fault of the person who made the registration 1. The case automatically detected in the erroneous record of registered content due to its fault, the person performing the registration must promptly report to the Director the Office of register of land use or resource and Environment Manager (for where not yet established the Office of register of land use) review the decision, modify the information in the record and send written notice of the correction of that information for the registration request at the address indicated on the petition to sign.
2. where the registered office of land use get requests to repair the errors due to the registration request, the detection in the time limit stipulated in article 6 of this circular, the registered office of land use to perform the following tasks: a) revised information about errors on the certificate of registration of right to use land ownership of houses and other properties tied to the land, the main Book, as fluctuations in land if there are errors on the certificate;
b) certified on the petition to fix errors;
c revised text) levels of information about the content of registration errors on the petition to register if there are errors on the petition to sign.
3. The repair of errors due to the fault of the person who made the registration does not change the time of mortgage registration and the request does not have to pay to repair the errors.
Article 27. Pay the registration results 1. The registration request directly receive the results registered in the registration office of land use right or at reception and pay the results according to the one-gate mechanism of people's Committee of the district level after the Vote date charged results and receipt collect registration fees.
In the event of agreement between the person requesting registration and registered office the land use of the method of paying the subscription results follow the agreed method.
2. the registered office of land use rights return to the person requesting registration of the following papers:

a) petition certified registration of registered office of land use (1 original);
b) certificates of land use rights, ownership of housing and other assets attached to land with the registration content write mortgages, change subscription content, delete content or registration error correction (1 original);
c) revised text of errors about the content of register (1 original) in case the person who made the registration sequence detected errors in the record of their fault or revised text errors on the content of the register and the registration petition certified by erroneous registry (1 original) in case the person requesting registration detected errors and have the petition to fix the flaws.
3. in case of registering the mortgage of land use is made with the certification procedures of land use rights, ownership of housing and other assets attached to land under the provisions of the law of the land registration office of land use rights paid to the Single registration requirements registration requirements of the registry for mortgages. After completing the certification of land use rights, ownership of housing and other assets associated with the land registry office, land use rights are responsible for paying the certificate was issued to the registration requirements.
4. where the person requesting registration filing and get results registered at the Township Committee within 10 working days from the date of completion of the registration, the registered office of land use are responsible for sending the results to register for the social people's Committee to pay for the registration request.
Article 28. Records of registration 1. Records about subscribe mortgage include: a) the petition to register certified by the registry (1 copy);
b) mortgage contract (1 original);
c) certificates of land use rights, ownership of housing and other assets attached to land or mortgage registration documents to prove the agreement between land users and property owners on the land was used to create the assets attached to land in case of registration of the mortgage assets attached to land formation in the future that no property owner's use of the land (1 copy);
d) text is authoritative in case of mortgage registration requirements is authorized (1 copies or 12 copies are attested).
2.2. Records about subscribe changes include: a) the petition to register change certified by the registry (1 copy);
b) contract of changes (1 copy) or other documents to prove the content change (1 copies or certified copies-01);
c) certificates of land use rights, ownership of housing and other assets associated with the certification of land change content in the case of content changes that have been noted on the certificate (1 copy);
the authoritative text) in case the person required to register as a person authorized (1 copies or 12 copies are attested).
3. Records about deleting the registered mortgage include: a) the petition to delete the register certified by the registry (1 copy);
b) certificates of land use rights, ownership of housing and other assets associated with the certification of land clearing register mortgage (1 copy);
c) text agreed to delete the registration of mortgage collateral in case the request is registered mortgage (1 original);
the authoritative text) in case the person required to register as a person authorized (1 copies or 12 copies are attested).
4. Records of registration written notice about the disposal of collateral including: a) the petition to register the message text contains the certificate of registry (1 copy);
b) written notice about the disposal of collateral (1 original);
c) the authoritative text in case the registration request is authorized (1 copies or 12 copies are attested).
5. Records of repair errors include: a) the petition to fix the flaws there's certification registry (1 copy);
b) certificates of land use rights, ownership of housing and other assets tied to the ground with content errors (1 copy);
c) petition to register contain errors (1 copy);
the authoritative text) in case the person required to register as a person authorized (1 copies or 12 copies are attested).
Chapter III the TERMS of the IMPLEMENTATION of Article 29. Effect 1. This circular is effective from September 15, 2012.
2. Attached to this circular the following form: a) model No. 01/ĐKTC: petition to register the mortgaged property, land use right associated with the land;
b) model No. 02/ĐKTĐ: sign the petition to change the contents of registered mortgage;
c) Model number 03/XĐK: petition to delete the registered mortgagee of land use rights, property associated with the land;
d) model No. 04/ĐKVB: Single registration request written notice about the disposal of collateral;
DD) form No. 05/SCSS: petition to fix errors;
e) model No. 06/BSTS: additional Pages of collateral;
g) Model: BSCB 07/additional Page of the Contracting Parties to the mortgage;
h) model No. 08/DMHĐTC: directory of registered mortgage contract;
I) model No. 09/STN: receiving mortgage registration records of land use rights, property attached to the land.
3. This circular replaces circulars: a) Circular No. 05/2004/TTLT-BTP-BTNMT of 16 June 2005 of the Ministry of Justice and Ministry of natural resources and the environment guide the registration of the guarantee by the mortgage, land use, property associated with the land;
b) Circular No. 03/2006/TTLT-BTP-BTNMT on June 13, 2006 by the Ministry of Justice and the Ministry of natural resources and environment modification, added some provisions of circular No. 05/2004/TTLT-BTP-BTNMT of 16 June 2005 of the Ministry of Justice and Ministry of natural resources and environment, mortgage registration Guide , the guarantee by the land use rights to property associated with the land;
c) Circular No. 06/2010/TTLT-BTP-BTNMT July 2010 amending and supplementing some provisions of the circular No. 05/2004/TTLT-BTP-BTNMT of 16 June 2005 of the Ministry of Justice and Ministry of natural resources and the environment guide the mortgage register, the guarantee by the land use right assets attached to land and joint circular No. 03/2006/TTLT-BTP-BTNMT on June 13, 2006 by the Ministry of Justice and the Ministry of natural resources and environment modification, added some provisions of circular No. 05/2004/TTLT-BTP-BTNMT of 16 June 2005 of the Ministry of Justice and Ministry of natural resources and environment, mortgage registration Guide guarantee by the land use authority, your assets attached to land.
Article 30. Transitional provisions 1. The case of the request to have the land use right certificate issued under the provisions of the law of the land in 1987, the Land Law of 1993, land Law in 2003; The certificate of house property right granted under the Housing Act, 2005; The certificate of house ownership and right to use the land in the grantee under the provisions of Decree 60/CP; The certificate of house ownership, the owner of the construction works issued under Decree No. 95/2005/ND-CP without implementation needs to grant certificates of land-use rights, ownership and other properties tied to the land as defined in the revised Law , the addition of some articles of the law concerning the basic construction investment of 2009 and Decree No. 88/2007/ND-CP is used to register the mortgage instead of the certificate of land use rights, ownership and other properties tied to the land under the provisions of this circular.
2. In the case of the contents of the contract are the terms of credit on mortgage of land use rights, property attached to the land or mortgage contract of land use rights, property associated with the land were signed before or at the same time signing the credit contract shall within a period not exceeding five (5) working days from the date of signing the credit contract, one of the parties or the parties to the contract of mortgage applicants mortgage registration.
The case does not require registration on time due to the fault of the person requesting registration of the registered office of land use still make the registration and the registration request is responsible under the provisions of the law on sanctioning administrative violations in the field of land.
3. where the request was made to register the mortgage of land use rights, property tied to the ground before the law on amendments and supplements to some articles of the law concerning the basic construction investment of 2009 and Decree No. 88/2007/ND-CP effective enforcement of but now there is urgent need to change the land use right certificates, ownership of the House and other properties tied to the ground stroke must not delete registration of mortgage. After completion of the procedure for grant of a certificate of change of land use, ownership and other properties tied to the land under the provisions of the law, the Office of the register of land use are responsible for recording the mortgage register contents from the old certificate to the land use right certificate ownership of houses and other properties tied to the land.
4. the registered office of land use continue to use the sample receiving mortgage registration documents were created before the date of this circular in force until the end of the page in the window; then required to use sample receipt were attached to this circular.
Article 31. Responsibility 1. The provincial people's Committee is responsible for organizing and directing the Department of Justice, Department of natural resources and the environment, the Department, relevant departments and local people's committees, districts, towns and cities in the implementation of this circular.
2. During the implementation process, if there are difficulties and obstacles, the individual, the Organization reflects the timeliness of the Ministry of Justice, Ministry of natural resources and the environment to research, resolve./.