The Department of Secured Transaction Registration and State Compensation, under the Ministry of Justice, recently issued a document to Land Registration Offices across provincial and city Departments of Agriculture and Environment. This document provides guidance on implementing new regulations concerning the registration of secured transactions involving land use rights and land-attached assets.

Accordingly, Resolution No. 254/2025/QH15 of the National Assembly, effective from 1/1/2026, stipulates that: "In cases of registering mortgages for land use rights and land-attached assets as per point p, clause 1, article 133 of the Land Law, only changes to the land database will be updated, without confirmation on the issued certificate."

To ensure consistent implementation, the Department of Secured Transaction Registration and State Compensation requests that Land Registration Offices do not confirm mortgage registrations on land certificates, but instead update all mortgage registration content into the land database.

From 1/1, registering mortgages for land use rights and land-attached assets no longer requires updating on land certificates. *Photo: Nguyen Dong*

If a land user requests a change in registration to reduce mortgaged assets or cancel a mortgage registration, and the previous mortgage information was recorded on the certificate, the Land Registration Office will simultaneously perform two actions: update the cancellation content into the land database and confirm the cancellation on the certificate.

According to clause 1, article 3 of Decree 99/2022, the registration of a secured transaction involves a competent authority recording or updating information in a register or database. This information pertains to a security provider using assets to secure their own obligations or those of another party. Article 25 of the same decree also designates the Land Registration Office as the competent authority for registering, modifying, or canceling mortgages on land use rights, housing, and other land-attached assets when ownership has been certified. It also requires them to update changes on the certificate.

Therefore, in line with the new regulations outlined in Resolution 254/2025/QH15 and the guidance from the Ministry of Justice, starting in 2026, the registration and cancellation of land use rights mortgages will be primarily managed through the land database, rather than being directly recorded on physical land certificates as was previously the practice.

The Ministry of Justice is currently leading efforts, in coordination with the Ministry of Agriculture and Environment, to amend and supplement provisions within Decree 99/2022 regarding the registration of secured transactions involving land use rights and land-attached assets. This aims to ensure consistency with Resolution 254.

While awaiting the government to issue an amending or replacement decree, the use of forms, mortgage registration dossiers, certification of mortgage registration content on request forms, and other related aspects of registering mortgages for land use rights and land-attached assets will continue to follow Decree 99/2022.

Hai Duyen