On November 25, 2019, the Ministry of Justice issued Circular No. 07/2019 / TT-BTP guiding a number of contents on mortgage registration of land use rights and assets attached to land. The Circular has some new highlights compared to Joint Circular No. 09/2016 / TTLT-BTP-BTNMT. As follows:
Firstly, compared to the current regulations, Circular No. 07/2019 / TT-BTP adds one more case of registration of mortgage of land use rights. That is the case of mortgage registration of housing construction investment projects, investment projects on construction of construction works other than houses and other construction investment projects as prescribed by law. Accordingly, cases of registration of mortgage of land use rights and assets attached to land include:
– Registration of mortgage of land use rights;
– Registration of mortgage of properties attached to land;
– Registration of mortgage of land use rights concurrently with properties attached to land;
– Registration of mortgage of properties associated with land formed in the future;
– Registration of mortgage of land use rights concurrently with properties associated with land formed in the future;
– Mortgage registration of housing construction investment projects, construction investment projects on construction of houses other than houses and other construction investment projects according to the provisions of law;
– Registration of changing the registered mortgage content;
– Sign up for a written notice of mortgage handling in case of mortgage registration;
– Delete mortgage registration.
Secondly, according to the provisions of Article 13 of Circular No. 07/2019 / TT-BTP, in the following cases, the mortgage requester shall register changes in land and properties attached to land or confirm changes before making mortgage registration:
– Information about the land parcel number and land area is inconsistent with the information on the Certificate of land use right, ownership of houses and other land-attached assets (“Certificate”) due to accruals filling, exchanging land plots, measuring and redefining land plots and sizes;
– Information on properties associated with land such as type of house, building name, number of floors, construction area, use … has been recognized on the Certificate is no longer suitable due to measurement, redefining the area. , due to construction and repair;
Special: The land registration office may perform the above two procedures at the same time when:
– There is a change of information about the mortgagor on the Certificate;
– Changes in information on administrative units or other information related to mortgaged properties are land use rights and assets attached to land due to decisions or documents of competent agencies as prescribed by law.
Circular No. 07/2019 / TT-BTP takes effect from January 10, 2020 and replaces Joint Circular 09/2016 / TTLT-BTP-BTNMT. The effective Circular No. 07/2019 / TT-BTP will contribute to solving some practical problems regarding the registration of mortgage of land use rights, assets attached to land and the implementation of procedures. administrative related to mortgage registration.