Current legal regulations on land registration release fees

The land registration release fee is the fee payable when carrying out procedures for the de-registration of security interests over land use rights. This fee is specifically regulated by the Provincial People’s Council and varies between localities. Understanding the regulations on land registration release fees helps property owners fully prepare for costs when performing this procedure. The following article will provide detailed information on this issue.

What is a land registration settlement?

Dismissal of land registration is a procedure to remove the registration of security measures for land use rights. This procedure is carried out when the security obligation terminates or according to the agreement between the parties.

According to the law, land registration release is carried out when:

• The guaranteed obligation terminates;
• The mortgage contract is canceled;
• Security assets are replaced by other measures;
• Collateral has been processed;
• Other cases according to the provisions of the Civil Code.

The release of a mortgage has an important meaning, helping the owner restore the right to use and dispose of the property after completing the obligation. At the same time, this procedure also ensures transparency in real estate transactions.

When can land registration be released?

According to the provisions of Article 20 of Decree 99/2022/ND-CP, land registration mortgage release is carried out in the following cases:

• The parties agree to delete the mortgage registration;
• The guaranteed obligation is completely terminated;
• The warranty contract is partially or completely canceled;
• Security assets are replaced by other measures;
• The collateral no longer exists;
• The assets have been processed according to the agreement or decision of the competent authority;
• The secured party is an economic organization that becomes a foreign-invested enterprise;
• The secured party is a dissolved legal entity;
• There is a court judgment or decision requesting the deletion of a registration.

Determining the time of land registration release is important, as well as helping property owners follow the correct process and avoid legal risks. At the same time, releasing the mortgage at the right time also ensures the interests of the parties involved in the secured transaction.

Procedures for resolving land registration mortgages

Prepared documents

To carry out land registration mortgage release procedures, property owners need to prepare documents including:

• Registration deletion request form (Form No. 03a Appendix to Decree 99/2022/ND-CP): 01 original copy;
• Certificate of land use rights: original;
• Written consent to deregister from the secured party (if the requester is not the secured party);
• Security asset transfer contract (if any);
• Auction property purchase and sale contract;
• Document confirming the results of judgment execution (in case of handling collateral);
• Document from the competent authority on the change of legal status of the secured party (if any).

Preparing complete documents according to regulations helps the mortgage release process take place quickly and smoothly. Property owners should check the application components before submitting them to avoid having to make additions or adjustments.

CSPL: Article 33 of Decree 99/2022/ND-CP.

Execution order

According to the provisions of Decision 2546/QD-BTP, the land registration release process is carried out according to the following steps:

Step 1: Submit application Property owners submit applications at the Land Registration Office under the Department of Natural Resources and Environment. There are 3 ways to submit applications:

• Submit online through the registration system;
• Submit directly or by post;
• Send via email.

Step 2: Receive and process documents. The Land Registration Office checks the validity of the documents:

• If valid: Receive and resolve;
• If invalid: Refuse in writing and provide additional and complete instructions.

Document processing time:

• During working days if received before 3:00 p.m;
• Next working day if received after 3:00 p.m;
• Maximum 3 working days if there is a legitimate reason;
• No more than 13 days for mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions.

Step 3: Update information in the Register The registration authority records and updates the de-registration content in the Register or Database. The registration deletion effect is calculated from this moment.

Step 4: Return results The land registration office returns the mortgage release results to the requester. Information about deregistration is shown on the additional page of the Land Use Rights Certificate.

Complying with the correct order and procedures for disposing of land registration mortgages helps ensure the legality of the transaction and protects the rights of related parties.

Current land registration release fee

The land registration release fee is specifically regulated by the Provincial People’s Council. Below are the fees in some localities:

In Hanoi: According to Resolution No. 06/2020/NQ-HDND, the fee for deregistering secured transactions is 10,000 VND/file.

In Ho Chi Minh City: Resolution 01/2023/NQ-HDND stipulates the fees as follows:

1. Households and individuals:

• Land records: 520,000 VND
• Asset profile: 660,000 VND
• Land records and assets attached to land: 800,000 VND.

2. Organization:

• Land records: 1,350,000 VND
• Asset profile: 1,350,000 VND
• Land records and assets attached to land: 1,750,000 VND.

In Da Nang: Resolution 83/2022/NQ-HDND stipulates the fees:

1. Households and individuals:

• Delete registration of mortgage of land use rights: 90,000 VND
• Delete mortgage registration: 90,000 VND
• Delete registration of mortgage of land and assets attached to land: 150,000 VND.

2. Organization:

• Delete registration of mortgage of land use rights: 280,000 VND
• Delete mortgage registration: 280,000 VND
• Delete registration of mortgage of land and assets attached to land: 360,000 VND.

Understanding the local land registration release fee helps property owners fully prepare for costs and avoid additional procedures when performing transactions.

Consulting services and support for the land registration settlement process in Long Phan

At Long Phan, we provide comprehensive consulting and support services on land registration clearance procedures. Long Phan’s services include:

• Consulting on evaluating mortgage release conditions according to regulations;
• Support in preparing land registration mortgage release documents;
• Consulting on choosing the appropriate application submission method;
• Support in implementing mortgage release procedures at competent state agencies;
• Consulting on resolving problems arising during the mortgage settlement process;
• Support explanations and additional documents as required;
• Consulting on legal issues related to land use rights after mortgage release.

Land registration dissolution procedures require in-depth knowledge of land law and administrative processes. To ensure compliance with regulations and optimize implementation time, customers should consider using professional consulting services. Long Phan is ready to support customers throughout the land registration process. Please contact us immediately via the hotline 0906735386 for a free consultation and detailed quote.