1. Records and documents for registration of mortgage of land use rights and related assets

Pursuant to Decree No. 99/2022/ND-CP (effective from January 15, 2023), registration documents related to land use rights and assets attached to land have been certified. To receive ownership, we have the following specific regulations:

• Regarding registration documents related to land use rights and assets attached to land that have been certified for ownership, we need to prepare the following documents:
• Request form according to form No. 01a specified in Appendix (01 original copy).
• Guarantee contract or notarized security contract, or authenticated in case the Land Law, Housing Law, or other relevant laws stipulate (01 original or 01 certified copy).
• Certificate (original) except for the case specified in Clause 2, Article 35 of this Decree.

We can clearly see from the above regulations that registration documents related to land use rights and assets attached to land that have been certified for ownership require careful preparation and adherence to regulations. stipulated in Decree 99/2022/ND-CP.

2. Steps to prepare mortgage registration documents for housing construction investment projects

According to the provisions of Article 29 of Decree 99/2022/ND-CP (effective from January 15, 2023), on registration documents related to houses and construction works other than houses , and other assets attached to land, especially these assets that will be formed in the future and belong to housing construction investment projects, we have detailed instructions as follows:

Registration documents related to housing, non-residential construction works, and other assets attached to land, these assets will be formed in the future and belong to housing construction investment projects; construction works, other assets attached to land formed in the future and belonging to investment projects to build non-residential works, or agricultural investment projects, forest development, and other projects Other uses of land require preparation of documents as follows:

In case the securing party is both the investor and the land user, the registration dossier includes:

a) Documents specified in Points a and b, Clause 1, Article 28 of this Decree;

b) Certification of the notarized or authenticated security contract or security contract, in cases prescribed by the Land Law, Housing Law, or other relevant laws (01 original or 01 original copy). A certified copy);

c) Construction permit (01 original or 01 certified copy) for secured assets that are houses expected to be formed in the future, and construction works expected to be formed in the future, except cases of exemption from construction permits according to the provisions of the Construction Law; as well as one of the types of design drawings according to the provisions of construction law clearly showing the area and structure of the construction work in the project approved by a competent authority (01 original or 01 copy). A certified copy).

In case the securing party is the investor but not the land user, the registration dossier includes:

a) Documents specified in Points a and d, Clause 1, Article 28 of this Decree, along with compliance with Point b, Clause 1, Article 29 of this Decree;

b) A notarized or authenticated written agreement, which clearly states the land user's agreement to implement the project (01 original or 01 certified copy).

In cases where the guarantor is an organization or individual that has legally transferred ownership of assets to be formed in the future, or is the transferee of a contract to buy and sell houses, construction works, or other assets attached to land, registration documents include:

a) Documents specified in Clauses 1 and 2 of Article 27 of this Decree;

b) Contract or document certifying the legal transfer of ownership or transfer of contracts for buying and selling houses, construction works, and other assets attached to land, signed between the guarantor and the owner invest; or contract for purchase and sale of houses, construction works, and other assets attached to land in case the securing party is the transferee of the contract (01 original or 01 certified copy).

Thus, we can clearly see that the preparation of registration dossiers in the case of houses, non-residential constructions and other assets attached to land will be formed in the future and fall under the following categories: Housing construction investment projects, non-residential construction projects, along with agricultural investment projects, forest development, and other projects using land, require meticulousness and precision. Accurate in preparing documents and papers to ensure compliance with Decree 99/2022/ND-CP. 3. When preparing mortgage registration documents for assets attached to land that are not residential, but these assets have been formed but do not yet have a Certificate of ownership, important factors should include What does it include?

According to the provisions of Article 31 of Decree No. 99/2022/ND-CP (effective from January 15, 2023), related to registration documents for assets attached to established land, does not belong to the housing category, and the law does not require registration of ownership rights and has not yet carried out ownership registration as required, we have the specific instructions below:

Registration documents for assets attached to land that have already been established, are not of the residential type and are not required by law to register ownership, and have not been registered as required. , should include the following components:

• Documents specified in Clauses 1 and 2 of Article 27 of this Decree.
• Certificate related to land use rights (original) or notarized or authenticated written agreement between the land user and the owner of assets attached to the land, to confirm the consent of the land user Use land for construction or creation of assets attached to land, in case the securing party is not also the land user (01 original or 01 certified copy).
• Construction permit (01 original or 01 certified copy), in case the collateral is a construction project, except in cases where construction permits are exempted according to the provisions of the Construction Law.

Thus, the detailed instructions specified in Article 31 of Decree 99/2022/ND-CP provide clarity and detail to carry out the registration process for assets attached to established land. but do not fall into the housing category and are not in cases where the law requires registration of ownership.