THE MINISTRIES - Faolex

Nu. g!; (qtl..7-2003) OIiFICIItL.. GALt:,'I'I'li
THE MINISTRIES
011 tnol-tgage of, ot'guatat~toe wrth, land use tight at~d
assots aik~uhed to laud as lol/ows
I. GENERAL MATTERS
THE MINIS TR Y OF JUSTICE - THE
MINISTRY OF NATURAL RESOURCES AND
ENVIRONMENT
JOINT CIRCULAR NO. 03120031TTLTIBTP-
BTgMT OF .3fr'!.Y 4, 2003 GUIDING THE
ORDER AND PROCEDURES FOR
REGISTERING AND SUPPLYING
INFORMATION ON, MORTGAGE OF, AND
GUARANTEE WITH, LAND USE RIGHT AND
ASSETS ATTACHED TO LAND
Pursuant to the Government's Decree No. O8/2000/
ND-CP of March 10, 2000 on registratiorl of security
transactions;
Pursuant to the Government's Decree No. -1 7/1999/
/VD-CP of March 29, 1999 on the proceclures for
exchange, fransfec lease, sublease and inheritance of
the land use right as well as for mortgage of, and capital
contribution wifh, the land use rigill va/ue;
Plrrsuanl to the Government's Decree No. 79/200.1/
ND-CP of November 1, 2007 amending and
supplementing a number of articles of the
Government's Decree No. 17/199Y/ND-CP of Mrch
29, 7'999 on the proccdiires for ~xchange, tratlsfe~;
lease: sublease and inheritance of the land use right
as well as for mt~rtgage of; and capital contrii~ulion with,
the Iaf?,Ild use right value;
111 order to ensure the ~~/?iforrn irr?plerner?tntiot~ of
tile kegat documents 011 /cgistr'at~ot~
of mortgage of, or
guarantee with, land use right ntld assets atfadled to
/ancl, and to create filvomble conddions for aotivilies of
registrafion and m~fortnnt/on supply in this dornwn, tile
Justice Min~st~y and H7e Notutat Hesocirccs arid
Envrronrnent Minsir y herchy joir~tly {p,rdt? the urrlo~ utld
p,'.'r;cdures for reg~s!erm?g and s~pply,flg h/ornl;lticwl
1. Scope of regulatiot~
This Circular guides in detail the followirig matters:
1 ,l. Registration of ancl supply of information on
mortgage of, or guarantee with, land use right and
assets attached to land of domestic liouseholds and
individuals; and foreign organizations and indiv~duals
that, according to the provisions of law, are entitled to
mortgage or provide guarantee with land use right and
assets attached to land (hereirlafter referred crjllectively
to as the registration of, and supply of information, on
mortgage andlor guarantee);
1.2. Responsibilities, tasks and powers of the
provincial/municipal Natural Resources and
Environment Services and the People's Committees
of communes, wards or district townships in the
registration of, and supply of information on, mortgage
andlor guarantee;
1.3. Order and procedures for registering and
supplying information on mortgage and guarantee.
2. Cases of registration of mortgage and
guarantee
2.1. The following cases of mortgage and guarantee
must be registered:
alThe mortgage of, or guarantee with, the land use
right or with the land use right and assets attached to
land;
bl The mortgage of, or guarantee with, assets
attached to land, which, as prescribed by taw, are
subject to the ownership registl-;~tioti;
cl The mortgage of assets attached to land ofhcr
than the case prescribed at Itern b of this Point, but the
parties agree to let the rnurtyagor or' a third party keep
suclr assets;
dl The nlortgagc of assoto attached lo larid as
st:c~irity for pul-for~nancc of rr~;~r'~y r~t)liyatinns;

No. 35 (7U-7-2003)
E/ Written riaticc:s on the disposal of ~nortgayod or
guarantee assc!ts.
2.2. Cascr; of rey~stration at requests:
When one party or. parties to contracts on guarantee
with assets attached to land, that do rlot fall within one
of ttw cases prescribed at Point 2.q of this Clause,
request, such guarantee shall also be registered.
2.3. Assets attached to land prescribed in this
Cjrcular are immovable assets, including:
a1 Dwelling houses, other construction works
attached to larid;
bl Assets attached to dwelling houses or other
constructim works spesified in Item a of this Point in
cases of mortgage or guarantee, irlcluding dwelling
houses, other construction works and such assets;
cl Perennial tree gardens, forests;
dl Other assets attached to land
3. Responsibilities of parties to mortgage or
guarantee contracts in the registration
Parties to mortgage or guarantee contracts shall
have to take self-responsibility for the truthfulness of
contents declared in registration applications,
registration dossiers and the legality of mortgage or
guarantee contracts. If the parties inscribe in the
registration applications untruthful contents or contents
inconsistent with agreement in the mortgage or
guarantee contracts, or commit acts of forging dossiers,
they sliail have to pay compensations to damagesuffering
parties according to the provisions of law.
4. Respor~sibilitieli of mortgage and guarantee
registries
The mortgage and guarantee registries defined in
Clause 1, Sectiorl 1 1 of this Circular have the
responsibility:
4 1. 1b register in an accurate tnanner valid
applications strictly according to their cor~tents already
declared by the rcyistmtion I-equestet-s according to
the provisions of this (Iirc~~lar: If inaccurate registration
causes damage, r;ornpens;)tio~~s therefor must be
inride accurdi~l(j to the: prov~sior~s of law;
4 2. 'To c:;.jlry out the registration and supply
ir~lcrrmation OII rntlrtgaye arid guar,arltee stricIly
;~ccor.tliny to tl~u orcier, procedul-es arld tirne lirritts
prt:scribt?d in this Circular;
4.3. To refrain from requesting part~es to mortgage
or'guarat'ltet: co~\tracts to submit any papers other than
those prescribed in this Circular.
5. Registration requeste~
Mortgage or guarantee registration requesters
mentioned in this Circular are the following persons:
5.1. Mortgagors and mortgagees:
5.2. Guara~ltors and guarantees;
5.3. New mortgagors, new guarantors or new
mortgagees, new guarantees in case of change of one
of the parties prescribed at Points 5.1 and 5.2 of this
Clause;
5.4. Persons authorizationd by one of parties to
mortgage or guarantee contracts or by all of them.
6. Declarers of registration applications
Mortgagees, guarantees or persons authorizationd
by mortgagees or guarantees shall make declarations
in registration applications.
7. Legality of the mortgage and guarantee
7.1. Mortgage or guarantee contracts already
registered shall be legally valid to the third party as
from the time of registration till the date of registration
defetior i.
In cases where the contract-signing parties transfer
ttle land trse right or purchase arldlor sell assets
att;3ctied to land, wt,ich are currently niortyaged or used
in guarantee and have beer1 registered, the mortgagees
or guarantees shall still have the right to clispuse.such
assets to disct~arge due okl~gatior~s which the
tnortyilgol-s or guarantors fall to perform or improperly
pr:rforrr~. This preacr'iptiori tihall not apply to rnortgagcd
or !j!.rar.ai~tee acisels being grmrln t;irculated in the

production or business process according to tllc
provis~uns at IJoint b, Clause '1, Article 77 of the
Government's Decree No. 105119991ND-CF-l of
Nov~mher g 9, 1999 on security trgnsactions.
Before stgt~iny contracts on transfer of land use
right, purchase of dwelling houses or conducting ather
trarisactior~s related to land use right, assets attached
to land, Ihe parties should request the registries in ti be
lvcalities where exist the land or assets attached to
land, to supply ~nformation on such assets accordirlg
to the prov~sions in Section IX of this Circular.
-7.2. 'l'iriie of registration is the time when the
registries receive valid registration dossiers
Fur case of addition&\ ~egistratioi: ol' mortgaged or
guarantee assets, the time of registration of such asset
portions shall be the time when the registries receive
valid additional registration dossiers.
In cases where the assets currently used in
mortgage or guarantee are replaced with the land use
right or the land use right and assets attached to land,
the parties shall request the deletion of old registration
and making of new registration (considered as firsttime
registration). In these cases, the time of registration
shall be the time when the registries receive new valid
registration dossiers.
A valid dossier must comprise all the papers
requir~dfor each case prescribed in Clause 2, Section
Ill; Point 2.1, Clause 2, Section /V; Clause j, Section
V; Clause 1, Section VI; Clause 1, Sectiorl Vli and
Clause 1, Section IX of this Circular.
Valid applicatior~s for registration Or illformation
supply are those with all declaration contents being
filled in as guided in the application form.
7.3. T'irne of registering mortgage or guarantee sl~ait
serve as basis for determining the priority order of
payment among rnortgayces of or guarantees with the
same asset.
8. Registration fee, charge for supply of
information on mortgage ancl guarantec
8.7. IVortgtyago clr guarantee n?gisl~-;~tion req ucstt?r s;
reqtrestcrs for registration of cl~anye in already
rt?gislc!ted ~nortgage or guar':mtec.! contents; rccjucr-;tc?rs
for' corrcct~on of errors in tnartyagc or guarantee
reyi:;trat~or~ applications shall have to pay the
rr-qi::tr;ltinr~ fnr>
8.2. Orgatiizations and individuals requesting the
supply of iriforrr~ation on mortgage andlor guarantee
shall have to pay information supply charge.
0.3. l'hc fee and charge rates and contents related
to the registration fee and mortgage andlor guarantee
information supply charge shall comply with Joint
Circular No. 3312002/TTLTIBTC-BTP of April 12,2002
of the Finance Ministry and the Justice Ministry guiding
the regime of collection, remittance, management and
use of the fee for registration of. and "Ihc chargebf
supply of information on, security transactions and
financial-leasing assets.
9. Forms for registration of, and supply of
information an, mortgage andlor guarantee
Requesters of registration of, or supply of
information on, mortgage andlor guarantee must use
the application forms for registration or information
supply; the registries must use books of receipt of
security transaction reg~stration dossiers, security
transaction registers and other papers made according
to the forms promulgated together with this Circular
(not printed herein).
She Justice Mln~sti-y shalt have to uniformly manage
and guide the use of various prescribed forms for
registratior~ or supply of information on mortgage arid/
or guarantec.
ti. AGENCIES REGISTERING MORTGAGE
OF, AND GllARAMTEE WtTH, LAND USE
RIGHT AMDIBR ASSETS ATTACHED TO
LAND
1. Aycncies registering the mortgage of, and
guarantee witli, land use right andlor asscts
attached to latid
I 'I I lit: I\latl.rral Hesources and E.-.t~virontr~ct~t
:it!rv~ct-?s ol tllr:' Ioc;ilit~es where exist land and assets

attached to land art:! competent to register at1c.l supply
informatior~ on mortgage and guaranter: in cases where
mortgagors or guarantors ar.c:l organizations.
7.2. The People's Comm~ttees of cnmlnunes, wartls
or district townships where exist land and assets
attached to land are competent to register and supply
information on mortgage and guarantee in cast:s whore
mortgagors or guarantors are Ro~isehulds or
~ndividuals.
2. Tasks and powers of provinciallmunicipaI
Natural Resources and Environment Services and
the People's Committees ~f communes, wards or
district towflships in the mortgage and guarantee
registration
2.1. To carry out the mortgage or guarantee
registration in the cases prescribed in Clause 2, Sedion
I of this Circular;
2.2. To carry out the registration of changes in the
already registered mortgage or guarantee contents;
2.3, To issue theoriginals of registration applications
already certified by the competent registries to the
registration applicants, To issue copies of registration
applications already certified by the competent
registries to the parties to mortgage or guarantee
contracts at their requests;
2.4. To delete mortgage and guarantee
registrations;
2.5. To make registration of wrilt.cn rlotices on the
disposal of mortgaged or guarantee assets;
2.6. To decide eun the car~cellatiorl of the mortgage
or guarantee registration according to the provisions
in Section Vlil of this .Circular;
2.7, To correct errors in rrlortgage or guararltee
-eyistratiou contents;
2 8. 1% collect the mortytrgt. ur guararilet:
'cg~stration fec,
3.9, -To refuse to rcgi!;t.cr rnorl!jagt:s or grrararitw!~
1'1 Il~e following ca:;cs:
:jI -l-t-lt!y do rinl fall under their nlo~tgagc a~ltf
yuaraotr?c ~,t?glslerjng competence;
l)/ l'tle dossiers ot mortgage or guarantee
r'cyislratiorl are ~nr;cimpletc; papers arc invalid,
c/ Mottyage or guarantee reg~stration applications
fail to fully dcclarc contents which must be declared
according to the fc~rtns promulgated together with this
Circular (not printed herein);
di Mortgage or guarantee registration requesters
fail to pay the I-egistration fee;
el 'The law-prescribed conditions for mortgage of,
or guarantee with, the land use right are not fully met.
2.4 0 To archive and preserve the already registered
dossiers, documents arid ~nforrnation.
3. Tasks and powers of the proviriciallmunicipal
Natural Resources and Environment Services and
the People's Committees of communes, wards or
district townships in the supply of information on
mortgage and guarantee.
3.1. To supply information on the already registered
mortgages and guarantees at requests of organizatioris
arid individuals;
3.2. 1 0 collect information supply charge;
3,3. To refuse to supply information in the following
cases:
alThe applications for information supply fail to fully
declare or improperly declare the contents which must
be declared according to the form promulgated together
with this Circular (not printed herein);
bl lnforrnation supply requesters fail to pay the
information supply charge.
Ill. ORDER AND PROCEDURES FOR
REGISTERING MORTGAGES OF:, OR
GUARANTEES WITH, LAND IJSE RIGHT
ANDlOR ASSETS ATTACHED TO LAND
1, More ~-cqi~c:stirlg the rt?cjistr;ltion ot ~nortclagr?
c-)f, or guarar~ter: with, land irse r'lljt~l ar'ldlor asst-:ts

;-l.lttached lo Innd, tllu colilre(:t:i 011 IIIUI-tyage ijf 01
guaranhe with land use riyht ar\d!w. assets atlachi?d
lo land rr~ust bc nohrized if it is so agl-ectd by the par ties
or so prescribed by law.
2. Dossiers for lnortgage or guarantee r

Itl~. 95 ('l A-7-2003)
?:l. I'~er~~~-sl; td rc:gistration of changes ir~ tt K:
alrc~~rly reyistcrcti rnoriyage or guarantee cot~ttmts
4.3. Certifying ttie rn~rtyage or gual-i~nt~c
shi.~tl :;ubnlil rr:gistration dossiers at the agencies where
rcglstration in the rt?yistration applications;
suc:h lrlortyaye or gur~r antee has been registered. Each
~'cgislration ~Ii)~;~i:r cilrnprises:
4.4. Keeping or'le (01) copy of the mortgage or
guarantee registration application, sending one copy
thereof to the National Registry of Security
'1-i'arisactions, and returning another directly or by mail
to the registration requester together with the contract
artd other papers prescribed in Clause 2 of this Section.
1V. REGISTRATION OF CHANGES IN THE
ALREADY REGISTERED MORTGAGE OR
GUARANTEE CONTENTS
1. Cases where changes in the already registered
mortgage or guarantee contents lnust be registered
7. l. Change of one of the signatories to a mortgage
or guarantee contract, except for case of change of
the mortgagor or the guarantor with land use right
prescribed in Item b, Point 3.1, Clause 3 of this Section;
change of names, addresses, identity card or passport
serial numbers, business registration numbers,
establishment or investment license serial numbers of
one party or the parties to mortgage or guarantee
contracts:
1.2. Partial withdrawal of mortgaged or guarantee
assets being the land use right or assets attached to
land;
1.3. Replacement or addition of mortgaged or
guarantee assets being assets attached to land;
1.4 Change of the payment priority order upon the
disposal of mortgaged or' guarantee assets;
1.5. Complelion of construction works, or ricw
planting ol perennial tree gardens or forests under- Iht:
owrlership of tnortgagors or guarantors (for casc of
rnortgagc of, or guarantee with, assets to be for~nc?d it)
ttlt? future).
2. Order and prot:edure!; for registering cha~ige!; i t1
ttiu all-cady registered rrlortyage or guarantee cuntc?r~ts
a/ 'I'he application for registration of chariges ~n ttic
already rey istered mortgage or guarantee contents (03
copies); and letter. of a~.rthorization for cases where the
registration requester is an authorized person;
bl Asset ownership certificate if the law prescribes
that such assets are subject to the ownership
registration, for the cases prescribed at Points 1,3 and
l ,S, Clause 1 of this Section.
2,2. The dossier reception shall comply with the
provisions in Clause 3, Sectiorl Ill of this Circular.
2.3. Within seven (7) working days after receiving
valid dossiers, the registries shall have to perform the
following:
a/ Verifying asset ownership certificates, contents
of applications for registration of changes in the already
registered mortgage or guarantee contents, and
comparing them with the registration dossiers kept at
the registries. If the conditions for registration of
changes in mortgage or guarantee contents are fully
met, they shall make entries in the securitytransaction
books and give certifications in the registration
appl~cations. If registration conditions are not fully met,
they shall notify such to the registration requesters
In cases where the registration of changes in the
already registered mortgage or guarantee contents
leads to changes in contents tnscrrbed in the land
administration books or the books for monitoring land
~hanges, tjley sha!l, togather with making entries in
the security trarisact~on registers, have to make entries
in tha laud adrn~ri~st~%tion books and thc! books for
monitoring land changes according to gilida~sce
inscribed therein;
bl Keepiricj onr? (Oq) COPY of the! appllcatlon for
rugistratrorl of ctinr~yes In the already mortgage or
gi!ar.antee contt:n ts, sending one copy thereof to tllc
Islatronal Registry of Securily 'Transactions, and
rt:hrrr~lng anottlr!r dr~c.r:lIy (A by 1r1a11 10 the registratioll

I-eciur:slcr togcthor w~til 111k! ~~japcl-:; pits;cr~tx:d it) Ilr:rn
b, l-'oir~t 2.1, Clause 2 of tlus Sc?ctit~t~. tl~creirn.
3. Cases of ~hallges in tllc already reylstcred
rrlr)rtyaye or cjuara~~tce ~~llkelli~ SLJIJJCCL lo ill(: llew
registration
3.1. Cases subject to the new 1,egistration:
a/ Replacement or addition of mortgaged or
guaratilee assets beirig the lard use right;
bl Change of land use right mortgagors or
guarantors.
3.2. For the cases prescrrbed at Point 3.1. of this
Clause, the old registrations nlust be deleted before
new ones are made The new registration shall be
made according to the order and procedui'es prescribed
in Section 111 of this C~rcular.
V. ORDER AND PROCEDURES FOR
DELETING REGISTRATIONS OF
MORTGAGES OF, OR GUARANTEES WITH,
LAND USE RIGHT ANDlOR ASSETS
ATTACHED TO LAND
1. Mortgage or guarantee registration deletion
requesters must submit applications therefor (3 cop~es)
at the agencies where the mortgage or guarantee
registration has been made. In cases where the
registration deletion requesters are authorrzed persons,
letters of authorization are required.
2. The dossier reception shall comply with-the
provisions in Clause 3, Section III of this Circular.
3. Within three (03) working days after receiving
valid dossiers, the registries shall have to delete
mortgage or guarantee registrations from the security
tr:msaction registers. in cases where sccurity assets
are land use right or land use right and assets attad~ed
to land, the registries shall, togottier with the deletio~l
of the mortgage or guarantee regislratinr~s from the
st?curity transaction registers have tn dclcte the
r-r~ortgage or guarantee registrations from land
adm~nistratian boch sand books for inonitoring land
c;hariges. 'i-iiey shall also certify thrb tlelation nf thc
,riot t{g;,~:gc rir g~~~lri~nlcc rc:yi:jtrat~ons in the ;ipplic:;.lti:,r~:;
4. I-ht! art;hiv;-ll of doss~e~s and the t~ot~frcatlon of
ttrc-! resirlt of the mortgage or guarantee registration
delct~on shall comply with the provisions at IJornt 4.4,
Clause 4, Section 111 ot th~s Ctrcular.
It1 cascs where the registration deletion reqirester
is tt~u morlgagor or y uarantor, the registries shall send
one copy t ~l the application for mortgage or guarantee
registration deletion to the mortgagee or guarantee.
Registries having no conditions to copy the applications
shall notify in writing the registration deletion to the
mortgagees or guarantees.
VI, ORDER AND PROCEDURES FOR
REGISTERING WRITTEN NOTICES ON
DiSPOSAL OF MORTGAGED OR
GUARANTEE ASSETS BEING LAND USE
RIGHT OR ASSETS ATTACHED PO LAND
1. In cases where the mortgaged or guarantee
assets already registered at the registries must be
disposed, within fifteen (15) days before disposing the
mortgaged or guarantee assets, the mortgagees or
guarantees shall have to submit the applications for
registration of written notices on disposal of such assets
(3 copies} at the mortgage- and guarantee-registering
agencies. For cases where the registration requesters
are authorized persons, letters of authorization are
required.
2. The reception of applications for registration of
written notices on disposal of mortgaged or guarantee
assets shall carnply with the provisions in Clause 3,
Scctiori 111 of th~s Circular.
3. Witt~irl three (03) working days after re~eiving
valid dossiers, the registries shall have to perforrri the
following:
3,'l. Vt!rifying the dossiers, making entries thereof
in tllc SE:~;UI.~~~ tlarlsaction registers, giving certification:;
in applications for rcyistration of written notices on
disposal of 111t? rllo~-tgaged or guarantee assr:ls;
3.2. Nt)lifyir\y irl writing the disposal of thr!

11 or tgayed or guarilr I tt:e d:,:;c.:!s Io ( i ~r! co--rr~orlga~gc:e:;
or CO-guarantees iri case:; wi,~r!~,c: 1111: land use right or
assets attached Io land ;dr.~ in01 t$yayed or used in
guarantee to secure t l l ~ perlor.marice of many
ohl~gations.
3 3. >-he archival of dot;:,rc\s and the notifrcat\on ol
the registration result shall comply w~th the prov~sions
at Point 4.4, Clause 4, Soc;tior~ I11 or thls Circular.
4. Upon the completion of the disposal of all
mortgaged or guarantee a:;sets, (he requesters of
registration of written notices on disposal of mortgaged
or guarantee assets shall have to send applicatior~s
for mortgage or guarantee registration deletion to the
agencies where the writteii notices on disposal of
mortgaged cr guarantec assets have been registered,
so that the latter shall effect such registration deletion
according to the provisions in Section V of this Circular.
in cases where only a part of mortgaged or
guarantee assets is disposed, the applicants for
registratton of written notices on disposal of the
mortgaged or guarantee assets shall, upon the
completion of the disposal, have to send applications
for registration of changes in already registered
contents (withdrawal of part of mortgaged or guarantee
assets) to the agencies where the written notices on
disposal of mortgaged or guarantee assets Rave been
registered, so that the latter sllall carry out the
registration of changes in such already registered
conter~ts according to fhe provisioos in Section IV of
this Circular,
VII. CORRECTION OF ERRORS
IN REGISTERED MORTGAGE OR
GUARANTEE CON'I'ENTS
2. ({egistl ililclt-I t.llhcials shall rct:orti ir I tht: wt iir6:rl
reqLtc;:sl:i ihc: t1111c (nlinutc, hour, day, month, year) of
r.ecejy)t 1ht:rczlf For the correctiori of t!rrc)r:i in
declarat~ons tnilrle by registratmn reqilesters, the time
c.~f fcgistratiorl shall he the time when the registries
t'ecuive vrjl~d err or correr:tton writien requests f nr tl~t:
correctiorl of errors in certifications made by the
registries, the tirnt: of reg~stration shall be the time wtlerr
the registriss receive f~rst-time registratiorl applicat~orls
3. With~n three (03) working days after the receipt
of valid error mrection written requests, the registries
shall have to correct the errors and give cert~fications
in the error correction written requests.
4. The archival of dossiers and the notifrcatiori of
the t:r'l-or correction result shall comply with the
provisions at Point 4.4, Clause 4, Section Ill of this
Circular.
VI11. CANCELLATION OF MORTGAGE OR
GUAFWNTEE REGISTRATION RESULTS
In cases where the registries, after the mortgages
or guarantees have been registered, detect the
declared contents ~n the registration applications are
untruthful or inconsistent with the parties' agreements
but the parties do not request the error correction, they
shall issue documents on cancellation of such
mortgage or guarantee registrations and delete the
reg~~trations according to the provisions ~n Clause 3,
Sectiorl V of this Circular.
The documents on cancelfatiorl of rrlortgage or
guarantec registration must be sent to the mortgage
or guarantee rcgistratjon requesters and the National
Registry of security '~'ransactions.
1. When one party or parties to mortgage or
gilarantee contracts detect errors it I contetits of various
mortgage or guarantee registration applications, they
shall submit written reqi~ests for- crrur correction (03
IX. SUPPLY OF INFORMAI^ION
ON MOH'TGAGE OFj OR GUARANlEE WITH,
LAND USE RIGHT AND ASSETS
ATTACHED TO LAND
~~~~~~~5)- to tho mor-ty agc 01 gu;~rar~tsu-registering
agencies. In cases whcrc the: c?rror correct~on
requesters are authorizeri pc::~-:

s~ibrnit infurm;ition supply rcqiresi!; at: the followir~g
State agencies:
1.2. The Natural Resources and Environment
Services of localit~es where the land and assets
attached to land exist, for case of inquiries into
information on mortgage or' guarantee with mortgagors
or guarantors being oryan~zations;
'1.2. The People's Cornrnittees of communes, wards
or district townships where the land and assets attached
to land exist, for case of inquiries into information on
mortgage or guarantee with mortgagors or guarantors
being households or individuals;
1 3 The National Registry of Security Transactions
or its branches, in case of rnryircs into information on
mortgage or guarantee of organizations, households
and individuals thr'oughout the country when the
national data system of security transactions officially
operates
2. information supply requesters shall have to pay
information supply charge upon submitting information
supply requests.
3. Upon receiving information supply requests,
regjstratjon officials shall have to examine them, refer
to information in the security transaction registers and
inspect the charge collection; then supply available
information on mortgage or guarantee according to the
names of mortgagors or guarantors already recorded
~n the security transaction registers,
Within three (03) working days after receiving valid
irlformation supply requests, the registries shall hand
directly or send by mail information sirpply documents
to the requesters.
X. IMPLEMENTATION ORGANIZA'f ION
7. 'l'his C~rcuiar takes effect 75 days after its
puklicatio~ in the OiRaal C;i~~t.,ttt!
2 I;ontracls on mortgage of, or guarantee with, larld
use right n~ldlor assets attachceri to larld s~gned before
tht: efft?ctivc dnto of this Clrc~!lar t~rltl :itill valid must
also be re{jistorc!d accvrdir\g to Iht? prov~sions of this
3. 'I'cr promulgate? toyether. with this C:ircular the
forrns of re~jtstration or supply of ~ciformation on
martgrage or g~iarn~rtee (not printed her'eln) to be applied
at the provincialln\~~~~it;ipaI Natural Resuurces and
Envirorlment Serviccs and the People's C:ocnffiittees
of communes, wards or district townships in
replacen'lent of the previously prescribed forms.
4. Contents of guidance on registration of mortgage
of, or guarantee with, land use right andlor assets
attached to land in the followirlg documents are hereby
annullsd:
4.1 Clauses 1 and 3, Section VJ ol the General
Lartd Administration's Circular No 14173? 9981TT-
TCDC of September 18, 1999 guiding the
implementation of the Government's Decree No. 171
1999IND-CP of March 29, 1999 on the procedures for
exchange, transfer, lease, sub-lease and lnheritance
of land use right, and mortgage of, and capital
contribution with, land use right value;
4.2. Clause 3, Section !I of the General Land
Administration's Circular No. 1 883120011TT-TGDC of
November 72, 2001 guiding the forms of contract in
realizing the land user's rights; fornls of contract on
mortgage of land use right value and contract on
guarantee with land use right value, pron~ulgated
together with Circular No. 188312001 /TT-TCDC of
November 1 2,2001.
5. Responsibilities of the People's Cornnittees of
fhe provinces and centraly-run cjties for the State
management over the registration of security
transact~uns with the land use right and assets attached
to land.
Apart from the tasks and powers prescribed in
Article 7 of the Government's Decree No. 08R0001ND-
CF.' of March 10, 2000 on I-c?yistration of security
transact~arlrj, the People's (:ornrnittees of Itle provinces
and ~.critrally.r~~n cities performing thc State
rr~anagcmcr~t ovc?~. thc registration of security
transactiotrs wit}) fancl c~sc right and assets attached to
land in thr:ir respci:tivc lot;nlitie!; sllall al:;o II;+v(;~ the
following spr?citir: lasks and powers.

!i. I. 'So arrany c (~fficials to carry out tht? registl-ali~.)l>
of mortgage of, ar.guat;lntee with, land usc right ;ir-~rll
or assets aitach~xl to land at ragis\ries in \heir respective!
locn!itic.s;
5.2. To ensure material and technical fac~lities for
the registries to organize the registratio~,) ar~d
information supply according to their competence;
5.3. To coordinate with the Natural Resources and
Environment Ministry and the Justice Ministry in
profess~onally fostering the officials engaged in t k work
of registration of mortgage of, or guarantee with, land
I rsr: ri:jl';t dt~(ilr)l- ;jcsets attached lo lanci
fi Ally pr~t~lr:rns arising irl the cour:;;e ul impfernnr~--
tntlon of this Circular should be promptly reported to
t1-w ,Ju:;tic:e Mirlist~y and the Nat~~raf Resotlrces anti
Iltlv~ronrnetil Ministry for study and solution.
Mirrister of Justice
UQNG CHU LUU
Minister of
Natural Resources and Environment
MA1 AI TRUC