Joint Circular No. 05/2005/TTLT-BTP-BTNMT.

04:08, 29/08/2005

This Joint Circular guides the registration of the mortgage of, and guarantee with, land use rights and/or assets attached to land by economic organizations, households, individuals, overseas Vietnamese, foreign organizations or individuals that, under law, have the right to mortgage or guarantee, accept mortgages or guarantees with land use rights and/or assets attached to land.

This Joint Circular, issued by the Ministry of Justice and the Ministry of Natural Resources and Environment on June 16, guides the registration of the mortgage of, and guarantee with, land use rights and/or assets attached to land by economic organizations, households, individuals, overseas Vietnamese, foreign organizations or individuals that, under law, have the right to mortgage or guarantee, accept mortgages or guarantees with land use rights and/or assets attached to land.

 

Land use right registries under Natural Resources and Environment Services of the provinces or centrally-run cities where exists land or assets attached to land shall register mortgages or guarantees if the mortgagors or guarantors are economic organizations or overseas Vietnamese implementing investment projects in Vietnam, or foreign organizations or individuals.

 

Land use right registries of the Natural Resources and Environment Offices of rural or urban districts, provincial towns or cities where exists land or assets attached to land or the Natural Resources and Environment Offices of rural or urban districts, provincial towns or cities where exists land or assets attached to land but exist no land use right registries shall register mortgages and guarantees if the mortgagors or guarantors are Vietnamese households or individuals; or overseas Vietnamese who are entitled to buy dwelling houses associated with residential land use rights.

(Source: Vietnam Law)