Friday 3 February 2017

REAL ESTATE MORTGAGE AGREEMENT UNDER VIETNAM CIVIL CODE 2015





 In order to overcome the limitation of Civil Code 2005, The Vietnam Civil Code 2015 provides details and transparent regulations on mortgage on land use right and property attached on land. In general, The Vietnam Civil Code 2015 respects freedom of agreement of the parties, however, in cases where the parties have not agreed upon or failed to discuss upon, these issues will be handled according to the law as follows:
In principle, the land owner is also the owner of property attached on land. In case the property attached on land is not legally registered under the law of Vietnam, such property shall not be considered as mortgaged property and shall be executed separately.
- if the land user is also the owner of the property attached on land; such property shall also part of the realized property;
- If the land user is not also the owner of the property attached on land, such owner may keep using such land within his/her rights and obligations during the realization of the land use rights. The rights and obligations of the mortgagor in relation with the owner of the property attached on land shall be transferred to the transferee of the land use rights.
- If the owner of the property attached on land is also the land user, such land use rights shall also part of the realized property;
- if the owner of the property attached on land is not also the land user, the transferee of property on land may keep using such property within the transferred rights and obligations from the owner of the property attached on land during the realization of the land use rights.

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