Form to request deletion of mortgage registration of land use rights and assets-Văn Phòng Luật Sư Trương Quyền

In some cases where a legal event arises that leads to the cancellation of mortgage registration, an application must be sent to the competent authority. This article guides you in drafting a request to remove mortgage registration of land use rights and assets and provides some information related to this issue.

1. What is a request to cancel registration of mortgage of land use rights and assets?

A request to cancel the registration of mortgage of land use rights and assets is a document drawn up by the applicant and sent to a competent agency or individual in order to cancel the registration of mortgage of land use rights and assets that have been granted. performed previously to restore rights and obligations before the mortgage.

The application to cancel registration of mortgage of land use rights and assets is created to serve as a basis for competent agencies and individuals to cancel the registration of mortgages of land use rights and assets that have been implemented. previously existing, thereby changing the rights and obligations between the mortgagor, the mortgagee, the mortgagee, etc. related to the implementation of security for civil transactions.

2. Form to request de-registration of mortgage of land use rights and assets:

Form requesting deletion of registration of mortgage of land use rights and assets according to form No. 04/XDK issued with Circular 07/2019/TT-BTP

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

………., day month Year ……

REGISTRATION DELETION REQUEST FORM

(Issued together with Circular No. 07 dated November 25, 2019 of the Ministry of Justice)

Dear: …………

RECORDED PART OF THE RECEIVING OFFICER

Go to the Application Receiving Book:

Book number ……. Numerical order ………

Reception officer

(Sign and write full name)

DECLARATION SECTION OF THE PERSON REQUESTING DELETION OF REGISTRATION
1. Person requesting deletion of registration:	□ Mortgagor		□ Mortgagee	□ The buyer of the property executes the judgment
	□ Representative of the mortgagor and mortgagee		□ Administrator	□ Organize civil judgment enforcement
1.1. Full name of organization or individual:(write in CAPITAL letters) …… 1.2. Address: ……… 1.3. Phone number(if any): ………..… Fax (if any): ………… E-mail address(if any): … 1.4. □ Identity card/Citizen identification card/People's army card □ Passport □ Business registration certificate/Certificate of branch and representative office operation registration/Establishment and operation certificate □ Establishment decision □ Investment certificate/Investment certificate/Investment registration certificate □ Other documents determining legal status: ……… Number: ……… Granting agencies ……………. issued date …….… month ……… year ……
2. Description of registered mortgaged assets: 2.1. Land use rights 2.1.1. Land plot number: ……………….; Map sheet no(if any): …………….; Purpose of using land: …… Term of land use: ……… 2.1.2. Land plot address: ……… 2.1.3. Mortgaged land area: …………… m2 (write in words: …………) 2.1.4. Certificate of land use rights, ownership of houses and other assets attached to land: Issue number: ………, number in the issuance book: … Issuing agency: ……., issued date …….. month ………. year ……… 2.2. Assets attached to land; Assets attached to land formed in the future are not houses 2.2.1. Certificate of land use rights, ownership of houses and other assets attached to land: Issue number: … , number in the issuance book: ……… Issuing agency: …………… , issued date ….. month ……. year ………… 2.2.2. Number of land plot where the property is located: ………….; Map sheet no(if any): …… 2.2.3. Description of assets attached to land/assets attached to land formed in the future: ………… 2.3. Housing formed in the future belongs to housing construction projects 2.3.1. Name and address of a project with housing to be formed in the future: …… 2.3.2. Type of housing: □ Apartment; □ Villa; □ Townhouses. 2.3.3. Location of apartment/villa/townhouse: ... (for apartments: Floor location: …………..; Apartment number: …………; Building ……………) 2.3.4. Usable area: ……… m2 (write in words: …………………) 2.3.5. Housing purchase and sale contract formed in the future (if any): Contract number (if any): ……, signed date ….. month …… year ……… 2.4. Housing construction project 2.4.1. Certificate of land use rights, ownership of houses and other assets attached to land (if any): Issue number: …………, number in issuance book: …… Issuing agency: …………., issued date …….. month ……. year ……….. 2.4.2. Decision on land allocation or land lease by competent authority Number: ………… Issuing agency: ……………., issued on …….. month ……. year ……….. 2.4.3. Number of land plot where the housing project is located: ………….; Map sheet no(if any): ……. 2.4.4. Name of housing construction project: …… 2.4.5. Description of housing construction project: ……… 2.5. Housing to be formed in the future is not part of a housing construction project 2.5.1. Certificate of land use rights, ownership of houses and other assets attached to land: Issue number: …………, number in issuance book: …… Issuing agency: ………., issued on …….. month ……. year …………. 2.5.2. Number of land plots where the house will be built in the future: ……; Map sheet number (if any): …. 2.5.3. Description of housing to be formed in the future: ……
3. Mortgage contract: number(if any)………………, signed on ….. month ….. year …….
4. Subject to not having to pay registration fee □
5. Attached documents:………
6. Method of receiving registration results:		□ Receive directly □ Receive by mail (specify address) …
The parties undertake that the information declared on this Request Form is truthful, complete, consistent with the parties' agreement and are fully responsible before the law for the declared information.

MORTGAGEE (OR REPRESENTATIVE OF THE MORTGAGEE)

(Sign, clearly state full name and stamp, if it is an organization)

MORTGAGEE (OR REPRESENTATIVE OF THE MORTGAGEE/JUDGEMENT/JUDGE EXECUTION PROPERTY BUYER/CIVIL JUDGMENT ENFORCEMENT AGENCY/BAILLER'S OFFICE)

(Sign, clearly state full name and stamp, if it is an organization)

CERTIFICATION SECTION OF THE REGISTRY AGENCY

Land registration office:………

Certificate of deletion of mortgage registration according to the contents declared in this Request Form at the time.... hour…. minutes, days…. month…. year …….

……, day …. May ……
HEAD OF THE REGISTRATION AUTHORITY
(Specify title, full name, sign and stamp)

3. Instructions for drafting a request to cancel registration of mortgage of land use rights and assets:

DECLARATION INSTRUCTIONS

1. General instructions

1.1. The declared content is clear and not erased.

1.2. For declarations with many different options, mark (X) in the box corresponding to the selected content.

2. In clause 1: Person requesting deletion of registration:

2.1. In which of the 6 cases listed does the person requesting de-registration of the mortgage lien?in For this clause, mark (X) in the box corresponding to that case.

2.2. At point 1.4: If the person requesting deregistration is a domestic individual, declare the identity card, citizen identification card, and proof issued according to the Law on Officers of the Vietnam People's Army and the Law on Professional Military Personnel. , defense workers and officials or documents determining other legal status as prescribed by law; Vietnamese people residing abroad and foreign individuals must declare their passports; If it is an organization, declare the Certificate of establishment registration (if any), Certificate of business registration, Certificate of branch operation registration, representative office/Establishment license (GP) and operations or Establishment Decision or Investment Certificate, Investment Certificate, Investment Registration Certificate.

3. In clause 2: Description of registered mortgage assets:

3.1. Declare information about mortgaged assets exactly as registered.

3.2. In case there is no more space in Form No. 04/XDK to record the declaration of registered mortgaged assets that need to be deleted, use Form No. 07/BSTS.

4. Signed by the mortgagor and the mortgagee:

4.1. In case the representative of the mortgagor or mortgagee is an individual, sign and clearly state the full name of the representative;

In case the representative of the mortgagor or mortgagee is a legal entity, then sign and clearly state the full name and position of the legal representative of the legal entity and affix the seal of the legal entity that is the representative.

4.2. In case the person requesting deregistration is the Asset Manager, the Asset Manager must sign, clearly state full name, title and stamp the request form in the signature and seal section of the mortgagee, and at the same time the mortgagee. and the mortgagee does not have to sign and stamp the request form.

4.3. In case the person requesting deregistration is the buyer of the property to execute the judgment; If the civil judgment enforcement agency or Bailiff's Office has distrained and processed the mortgaged property, the buyer of the judgment enforcement property and the Civil Judgment Enforcement Agency and Bailiff's Office must sign and record it. Clearly state full name, title and stamp (if any) on the request form in the signature and seal section of the mortgagee; At the same time, the mortgagor and the mortgagee do not have to sign and stamp the request form.

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Key words:land