THE STATE BANK OF VIETNAM - THE MINISTRY OF CONSTRUCTION - THE MINISTRY OF JUSTICE - THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
No. 01/2014/TTLT-NHNN-BXD-BTP-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
Hanoi, April 25, 2014
 
 
JOINT CIRCULAR
Guiding procedures for mortgage of houses to be formed in
the future under the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of
the Housing Law [1]
Pursuant to the 2005 Civil Code;
Pursuant to Housing Law No. 56/2005/QH11; Law No. 34/2009/QH12 Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law; and Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of the Laws concerning capital construction investment;
Pursuant to the 2006 Law on Real Estate Business;
Pursuant to the 2006 Law on Notarization;
Pursuant to the 2010 Law on the State Bank of Vietnam and the 2010 Law on Credit Institutions;
Pursuant to the 2003 Land Law;
Pursuant to the Government’s Decree No. 163/2006/ND-CP of December 29, 2006, on secured transactions, and Decree No. 11/2012/ND-CP of February 22, 2012, amending and supplementing a number of articles of Decree No. 163/2006/ND-CP of December 29, 2006;
Pursuant to the Government’s Decree No. 153/2007/ND-CP of October 15, 2007, detailing and guiding the implementation of the Law on Real Estate Business;
Pursuant to the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of the Housing Law;
Pursuant to the Government’s Decree No. 83/2010/ND-CP of July 23, 2010, on registration of secured transactions;
Pursuant to the Government’s Decree No. 188/2013/ND-CP of November 20, 2013, on development and management of social houses;
Pursuant to the Government’s Decree No. 156/2013/ND-CP of November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s Decree No. 62/2013/ND-CP of June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to the Government’s Decree No. 21/2013/ND-CP of March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
The Governor of the State Bank of Vietnam, the Minister of Construction, the Minister of Justice and the Minister of Natural Resources and Environment promulgate the Joint Circular to guide procedures for mortgage of houses to be formed in the future (future houses) under Clause 2, Article 61 of the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of the Housing Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Joint Circular guides procedures for mortgage of future houses (including procedures for mortgage, notarization of mortgage contracts and registration of mortgage) by organizations and individuals to borrow loans from credit institutions for purchasing houses in housing development projects or investment projects on construction of urban centers (below collectively referred to as housing investment projects) of real estate trading enterprises under Clause 2, Article 61 of the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of the Housing Law (below referred to as Decree No. 71/2010/ND-CP).
2. This Circular does not regulate:
a/ The mortgage of houses to be built in the future by households and individuals on land areas under their own lawful use rights, to borrow loans from credit institutions.
b/ The mortgage of property rights arising from contracts on purchase and sale of future houses, to borrow loans from credit institutions.