1. How to understand the registration of mortgage or land use rights?

Registering a mortgage of land use rights is an important legal process, carried out by a competent State agency, to establish and announce the use of land use rights of the mortgagor to ensure the perform civil obligations towards the mortgagee. This process is not only a security measure but also a way to publicize the security transaction and establish legal effect in the context of possible intervention from a third person.

Decree No. 99/2022/ND-CP has set out detailed regulations on the registration of secured transactions, including specific cases where mortgages must be registered at a specialized agency. These cases include registration of mortgage of property, pledge of property, and reservation of ownership according to the provisions of the Law on Property. Civil Code 2015 along with other relevant laws.

In that context, mortgaging land use rights is not a natural process but requires management and supervision by state agencies. Registering a mortgage on land use rights helps create an official, transparent and accurate database of the rights and responsibilities of the parties involved in the transaction. This is also a way to prevent disputes that may arise later and at the same time protect the rights of both the mortgagor and the mortgagee.

More importantly, regulating and implementing mortgage registration of land use rights according to the provisions of the Decree is an important step in creating a uniform and effective legal system in the field of real estate and finance. main. It not only creates transparency in the transaction process but also helps increase the trust of market participants.

However, it should be noted that the mortgage registration process also places great responsibility on the person requesting registration. They must be responsible for the legality and accuracy of the information declared, as well as for the accuracy of all documents and papers in the registration dossier. This emphasizes the importance of honesty and accuracy in the mortgage application process, while minimizing legal risks for both the mortgagor and mortgagee.

In total, the land use mortgage registration process is not only an important step to protect rights and establish transparency in the field of secured transactions, but is also an important part of the infrastructure. The legal layer supports the stable development of real estate and financial markets.

2. Additional cases of registration of mortgage of land and assets attached to land

According toCircular 07/2019/TT-BTP, the registration of mortgage of land use rights and assets attached to land is specifically stipulated in Article 4, Clause 1 of this Circular. These registration cases are diverse and complex, to ensure that the interests of related parties are strictly protected. Below is a detailed analysis of each of the cases raised:

- Case (1): Registering mortgage of land use rights. This refers to the fact that people with land use rights can mortgage these rights to secure their obligations. This helps increase the ability to borrow capital and at the same time creates favorable conditions for the borrower.

- Case (2): Register to mortgage assets attached to land. This includes mortgaging specific assets without having to mortgage land use rights. This opens up opportunities for high-value assets such as factories, workshops, or infrastructure.

- Case (3): Register to mortgage land use rights at the same time as assets attached to land. This is a combination of (1) and (2), meaning that the mortgagor has the right to use the land and also mortgages assets attached to the land, enhancing the strength of the collateral.

- Case (4): Register mortgage assets attached to land to be formed in the future. This refers to the mortgage of assets that have not yet appeared or been formed at the time of registration. This can apply to land projects that are in the process of being developed.

- Case (5): Register to mortgage land use rights at the same time as assets attached to land to be formed in the future. This is a combination of (3) and (4), extending mortgage rights to both assets and land use rights that may appear in the future.

- Case (6): Register mortgage for housing construction investment projects, non-residential construction investment projects, and other construction investment projects according to the provisions of law. This paves the way for mortgages not only limited to land use rights and assets attached to land but also related to various construction investment projects. This demonstrates flexibility and compatibility with current legal reality, where investment projects are increasingly diverse and complex. '

- Case (7): Register to change the registered mortgage content. During the mortgage process, there may be changes in the content of the mortgage, such as modifying conditions, adding new mortgaged assets, or adjusting interests between related parties. Registering changes helps ensure transparency and accuracy in mortgage management, and provides an opportunity for both the mortgagee and the borrower to discuss and negotiate the new conditions.

- Case (8): Register a written notice of disposal of mortgaged property in case the mortgage has been registered. This is important to inform about measures to handle collateral when problems occur, such as failure to ensure payment obligations from the borrower. This notice helps create transparency and avoid unnecessary controversies during the mortgage process.

- Case (9): Delete mortgage registration. This may occur when the payment obligation has been fulfilled in full, or the borrower and mortgagor reach an agreement to cancel the mortgage. De-registering the mortgage means releasing the borrower's property rights and land use rights, creating conditions for more free transactions and use of assets.

All of these regulations are intended to ensure transparency and fairness in mortgage transactions, protecting both mortgagees and borrowers. At the same time, it also demonstrates the legal acumen in responding to fluctuations and challenges in the field of land and property.

3. Principles for registering mortgages of land use rights and assets attached to land

According to the principles of mortgage registration of land use rights and assets attached to land according to the provisions of Article 5 of Circular 07/2019/TT-BTP, this process is carried out through the land registration office. . This office is responsible for performing mortgage registration according to the provisions of Article 4 of the Circular for those who request registration according to the provisions of Decree 99/2022/ND-CP. This process only applies when the mortgagor is the person with land use rights or the owner of assets attached to the land.

During the process of implementing a mortgage contract, the participating parties must take responsibility for many aspects, including the value of the collateral, guaranteed obligations, and ensuring the performance of civil obligations. of the mortgagor or another person according to the provisions of Clause 3 of Article 4 of Circular 07/2019/TT-BTP, as well as other provisions of civil law.

An important thing is that the agreement on secured assets is not limited to land use rights and assets attached to land. The parties' agreement may also involve other assets, and this must comply with the law.

In addition, there are clear regulations on registered cases of mortgage or property rights arising from housing sale contracts. According to regulations, if you have registered a mortgage on a house from a house sale contract, you cannot simultaneously register a mortgage on a house formed in the future and vice versa. This is to ensure strictness and clarity in mortgage management and notes, avoiding unnecessary controversies and chaos during the process of carrying out transactions and handling mortgaged assets.

In the process of implementing mortgage transactions for construction investment projects, Circular 07/2019/TT-BTP sets out specific regulations to ensure transparency and fairness in management and use. asset use, especially for investors. According to the provisions of Article 5 of the Circular, if the investor has mortgaged and registered the mortgage of a housing construction investment project or future housing formation, the process of selling housing in the project requires the investor to carry out procedures to register changes in mortgage content before carrying out the house sale transaction.

In case the construction investment project is a non-residential project, or is another construction project, or is a construction project formed in the future according to the provisions of law, the investor must also implement Procedures for registering changes in mortgage content to reduce mortgage assets before selling construction works in the project.

This emphasizes the importance of updating mortgage information as the project develops and executes. Registering changes to mortgage content helps ensure accuracy and transparency in mortgage asset management, as well as create favorable conditions for house or construction sale transactions.

The land registration office plays an important role in this process. They register the mortgage of assets attached to land to be formed in the future based on the content declared in the Request Form. The person requesting registration must be responsible for the legality and accuracy of the information declared, as well as for the accuracy of all documents and papers in the registration dossier. This emphasizes the importance of honesty and accuracy in the mortgage registration process, while minimizing legal risks for both investors and transaction participants.

Overall, regulating and implementing mortgage registration according to the above principles not only helps protect the interests of participating parties but also creates a transparent and effective legal system in asset management. land and real estate. This also demonstrates sensitivity and accurate reflection on the fluctuations and challenges in this field.