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Circular 2007/ttlt-Btp-Bxd-Btnmt-Sbv: A Guide To Some Of The Content On The Housing Mortgage Registration

Original Language Title: Thông tư liên tịch 05/2007/TTLT-BTP-BXD-BTNMT-NHNN: Hướng dẫn một số nội dung về đăng ký thế chấp nhà ở

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CIRCULAR guide some content about home mortgage registration in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The base of civil law on June 14, 2005;
Pursuant to the law on housing, November 29, 2005;
Pursuant to Decree No. 62/2003/ND-CP dated 6 June 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 36/2003/ND-CP dated 4 April 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 52/2003/ND-CP dated 19 May 2003 from the Government functions, tasks, powers and structure of the State Bank of Vietnam;
Pursuant to Decree No. 95/2005/ND-CP dated 15 July 2005 the Government issued a certificate of ownership and the certificate of ownership of the construction works;
Pursuant to Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the Housing Law;
Pursuant to Decree No. 163/2006/ND-CP on December 29, 2006 by the Government on the secured transactions;
Pursuant to Decree No. 8/2000/ND-CP dated 10 March 2000 from the Government about the transaction registered warrants.
In order to ensure consistency in the enforcement of the law on registration of transactions secured by housing, Ministry of Justice, the Ministry of construction, Ministry of natural resources and the environment and the State Bank of Vietnam guide some content about home mortgage in the register are as follows: 1. The registration of housing mortgage is made upon request of one of the parties or the Contracting Party housing mortgage contracts. In the case of the housing mortgage registered under the provisions of the law on bankruptcy, the person required to register may be the Chief management, liquidation of assets.
The registration requirements in housing mortgage can get mortgage party or parties receiving mortgage authorized under the provisions of civil law.
In the case of the housing mortgage registration along with land use in the registered office of land use simultaneous registration of mortgage housing and land use in 2. Order and procedure of registration of the mortgage for the House in the case prescribed in clause 1 of this circular is made according to 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 attached to land (hereinafter the joint circular No. 05/2004/TTLT-BTP-BTNMT), 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 the environment guide the registration of the guarantee by the mortgage, land use, property attached to land (hereinafter the joint circular No. 03/2006/TTLT-BTP-BTNMT) and follow the instructions in this circular.
 3. Upon receipt of the required profile registration valid housing mortgages, the register Office land use recorded content registered mortgage on the main book and track changes in the land.
In the case of the housing mortgage but in a certificate in home ownership records full information about the land in or not yet have information about plots of land where the House that in the record, the registered office of land use right of mortgage registration content write to registry home mortgage in the form attached to this circular.
4. the registered office of land use are not registered content write mortgages, mortgage registration control, delete the registered mortgage on the following papers and also not set up additional pages attached according to the type of the following papers: a) the certificates of ownership of housing and land use rights in accordance to Decree 60/CP dated 11 July 1994 of The Government on housing ownership and right to use the land in the municipality;
b) certificate in home ownership by Decree No. 95/2005/ND-CP dated 15 July 2005 the Government issued a certificate of ownership and the certificate of ownership of the construction works;
c) certificate in home ownership, a certificate of ownership of housing and land use in under Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the Housing Law.
 5. the registered office of land use is responsible for notification in writing about the registration of mortgage housing to housing management functions where the certificate of house property right according to the procedure prescribed in clause 12.3 point 12 of the joint circular No. 03/2006/TTLT-BTP-BTNMT.
6. organizations and individuals have the right to find out information about housing mortgages registered in the Registry Office for the land use right according to the rules in section VII circular No. 29/2004/TT-BTNMT November 2004 of the Ministry of natural resources and the environment on the Guide corrects, management record. 
7. Implementation 7.1. This circular effect after fifteen (15) days from the date The report.
7.2. The provisions of paragraph 4 of this circular replaces the regulation on registration of mortgages and mortgage registration key in the certificate of ownership of the assets associated with the land referred to in clause 4.1 points 4 section III, point 4.1 paragraph 4 section IV, point 3.1 paragraph 3 section VI and point 4.1 paragraph 4 section VII of circular No. 05/2004/TTLT-BTP-BTNMT; the 8, 9 and 10 of the joint circular No. 03/2006/TTLT-BTP-BTNMT.
7.3. The housing mortgage contract has been registered under the provisions of the law prior to the date of this circular have the effect not re-register under the guidance of this circular.
7.4. in the implementation process, if there are difficulties and obstacles, the individual, the Organization reflects the timeliness of the Ministry of Justice, the Ministry of construction, Ministry of natural resources and the environment and the State Bank of Vietnam to study the resolution.