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Japanese Partner

New regulation on registration of mortgage of land-use rights and on-land assets

Joint Circular No. 09/2016/TTLT-BTP-BTNMT (“Joint Circular 09”) guiding the registration of the mortgage of land-use rights and on-land assets. Joint Circular 09 consists of 3 Chapters, 41 Articles and 9 Annexes (Forms of registration) with several key points as follows:

  • Providing definition of: on-land assets, on-land assets to be formed in future, registration of mortgage of on-land assets to be formed in future and transition of registration of rights on assets arising from housing sale contracts (Article 3).
  • Adding the case of Deregistration of mortgage into the list of cases of registrations of the mortgage of land-use rights and on-land assets (Article 4.1.h).
  • Providing the effective date of the registration of land-use rights and on-land assets (Article 6).
  • Providing principles of the registration of land-use rights and on-land assets (Article 11).
  • Providing regulation that the registration of mortgage of land-use rights, on-land assets covers the case of registration of mortgage of assets for the purpose of ensuring fulfillment of civil obligation of the others (Article 4.2).
  • Supplementing regulation on registration of housing construction project, houses to be formed in future (Article 23).
  • Supplementing procedures for transition of the registration of mortgage of rights on assets araising from housing sale contracts (Article 35).
  • Providing clearly the cases in which the registration of mortgage will be refused because the information provided in the application dossier is different from which is archived at registration authority (Article 9.1).
  • Allowing the application dossier to be sent via online registration system or guaranteed courier. 

Joint Circular 09 will take effect from 8 August 2016 and will replace Joint Circular No. 20/2011/TTLT-BTP-BTNMT