Dossiers and procedures for deleting mortgage registration of red book

Dossier for deleting mortgage registration of red book

The Legal Consulting Department of Lao Dong Newspaper answers: Based on Article 33 of Decree 99/2022/ND-CP and guidance in Decision 2546/QD-BTP, the dossier for deleting registration of measures to ensure land use rights and assets attached to land includes:

Documents to prepare:

Request form to remove registration of security measures by land use rights, assets attached to land.

Original Certificate in case the collateral has a Certificate.

In case the person requesting the cancellation of registration is not the guarantee recipient and there is no signature or seal (if any) of the guarantee recipient on the Request Form, submit additional documents and materials as follows (original or certified copy):

Documents containing content showing that the secured party agrees to cancel the registration, confirms that the secured contract has ended, has been liquidated or confirms the release of the mortgage in cases where the person requesting the cancellation of registration is the secured party;

Contracts or other legally effective documents proving the legal transfer of secured assets in cases where the person requesting the cancellation of registration is the legal transferee of secured assets;

A contract to purchase and sell auctioned assets that has taken legal effect or a document confirming the judgment enforcement results in case the person requesting the cancellation of registration is a civil judgment enforcement agency;

Documents of competent authorities containing contents on the security recipient being an economic organization that is not a credit institution becoming a foreign-invested enterprise, a Vietnamese citizen becoming a foreign citizen;

Document of confirmation from a competent authority regarding the dissolution of a legal entity.

Procedures for writing off land use right certificate mortgage registration

According to the guidance in Decision 2546/QD-BTP, the procedure for deleting registration of measures to ensure land use rights is carried out as follows:

Step 1: Submit application

Submit the application to the Land Registration Office under the Department of Agriculture and Environment or the branch of the Land Registration Office.

In case the registration dossier for land use rights is submitted through the Department of Receipt and Return of Administrative Procedure Results, the Provincial Public Administrative Service Center or the Commune People's Committee, the dossier processing time is calculated from the time the Land Registration Office receives a valid registration dossier.

How to do it:

Through the online registration system;

Submit paper copies directly or send via postal service;

By email.

Step 2: Resolve the file

In case there is no basis for refusal, the Land Registration Office will receive valid dossiers, resolve them and return the results according to regulations.

Implementation time:

No more than 3 days from the date of receipt of valid dossiers; no more than 13 days for communes in mountainous areas, islands, remote areas, remote areas, areas with difficult socio-economic conditions, and areas with particularly difficult socio-economic conditions.

The above time does not include holidays according to the provisions of law; does not include the time to receive dossiers at the commune level, the time to fulfill financial obligations of land users; does not include the time to consider and handle cases of land use with legal violations and the time to request appraisal.

Display information to remove mortgage registration

Place to display information: According to Clause 21, Article 41 of Circular 10/2024/TT-BTNMT, information to remove mortgage registration is shown on the QR code of the Certificate.

The QR code is shown in the upper right corner of page 1 of the Certificate of land use rights, ownership of assets attached to land for cases where the Certificate is printed for the first time. For cases of information change after issuing the Certificate, the QR code is shown in the right corner of the column "Content changes and legal basis" at Section 6, Page 2 of the Certificate.

Content of mortgage registration deletion

Clause 24, Article 13 of Circular 10/2024/TT-BTNMT stipulates that in case of canceling the mortgage registration with land use rights, assets attached to land, it shall be recorded as follows:

Delete mortgage registration content on ... /... /... according to dossier number ... (enter registration procedure dossier code)".

Thus, the content of mortgage registration deletion is shown on the QR code of the Certificate.

Read the original here.