Mortgaging assets to secure a loan is common in Vietnam, yet many parties only budget for notarization and overlook the secured-transaction registration fees. This article lists the 5 cost items involved in registering a security measure by mortgage contract, under the legal framework in force as of October 2026.
Current legal framework
- Decree 99/2022/ND-CP (effective from 15/01/2023, replacing Decree 102/2017/ND-CP): registration of security measures;
- Circular 61/2023/TT-BTC (effective from 15/11/2023, replacing Circular 202/2016/TT-BTC and Circular 113/2017/TT-BTC): registration fees at the Secured Transaction Registration Center (movables, aircraft, seagoing ships);
- Circular 85/2019/TT-BTC (amended by Circular 106/2021/TT-BTC): fees under provincial authority — mortgages of land use rights at the Land Registration Office follow each provincial resolution;
- Circular 257/2016/TT-BTC (amended by Circular 111/2017/TT-BTC): notarization fees for mortgage contracts;
- Civil Code 2015, Clause 2, Article 319: opposability against third parties arises from the time of registration.
5 cost items for mortgage registration
| Item | Basis | Fee level |
|---|---|---|
| 1. Notarization fee for the mortgage contract (usually the largest item) | Circular 257/2016/TT-BTC | Progressive scale from VND 50,000, capped at VND 70 million; calculated on the asset value (or the loan value if stated in the contract) |
| 2. Security-measure registration fee | Movables: Circular 61/2023/TT-BTC (Article 4); land use rights: provincial resolutions | Movables: initial registration VND 80,000 per dossier; land use rights: per province, check separately |
| 3. Search and information fee (if any) | Circular 61/2023/TT-BTC | VND 30,000 per dossier |
| 4. Lawyer or consultancy fees | By agreement | As agreed between the parties |
| 5. Deregistration fee upon loan settlement | Circular 61/2023/TT-BTC | VND 20,000 |
Other fees at the Secured Transaction Registration Center (Article 4, Circular 61/2023/TT-BTC): registration of changes VND 60,000; registration of notices on collateral disposal VND 30,000; certified copies of registration certificates VND 25,000.
Why register?
Under Clause 2, Article 319 of the Civil Code 2015, the opposability of a security measure against third parties arises from the time of registration. Proper registration is what gives the mortgagee priority in payment when the collateral is disposed of.
4 traps to avoid
- Circular 07/2019/TT-BTP was entirely repealed by Circular 01/2024/TT-BTP (effective from 01/02/2024) — do not cite it as current law;
- Do not mix the two fee schedules: Circular 61/2023/TT-BTC (movables, the Registration Center) versus provincial resolutions (land use rights, Land Registration Offices);
- Do not claim a “nationwide VND 80,000” fee for land-use-right mortgages — each province sets its own level;
- Registering a mortgage does not trigger personal income tax or registration levies.
Need advice on registering security measures? Contact FLAT Law Firm for assistance.
The information above is for reference only and does not constitute legal advice. Content reviewed by the AI Legal Council.