In today’s business activities, to ensure the commitment between the parties needs a notarized contract. However, in some situations, the notarized contract will need to cancel. However, many people still wonder about this type of notarized contract when canceling, how does it affect transactions and cancellation conditions? Is the notarization contract cancellation procedure complicated? Cost of notarization contract cancellation? These issues need to understand so that when business operations not missed or other problems arise.
To answer all these questions, Lawyer X will advise in the most specific way in the article Notarized contract cancellation fee. Here, some issues related to notarization or the specific provisions of the notarization contract will detailed for you to understand better.
Notarized contract cancellation conditions
Land law allows land users to transfer (transfer) land use rights (red book) by the law.
The signing of a land use right transfer contract must notarize or authenticate, except in the case of real estate business, the notarization or authentication required by the parties.
The red book sale and purchase contract notarized or authenticated by the civil law and the notarization must perform at notarization practice organizations, the authentication done at the commune-level People’s Committee.
The notarized land sale and purchase contract take effect from the date it signed and stamped by the notary at a notary practice organization.
The validity of the contract is applicable to applies involved in the contract. In case a dispute arises, the parties have the right to initiate a lawsuit to the court and request the court to settle it by the law, unless otherwise agreed.
The contract for the transfer of land use rights is valid as evidence. The facts and events in the notarized contract do not need to be proved unless the Court declares the contract invalid.
Cancellation of a notarized contract can only perform when there is a written agreement and commitment of all parties involved in the contract.
Thus, the conditions for canceling the notarization contract must include the following provisions:
- The cancellation of the notarization contract must at the notarial practice organization that has performed the notarization and conducted by the notary.
- In case the notarial practice organization that has performed notarization terminates its operation or dissolved, the notary of the notarial practice organization that is keeping the notarization dossier shall cancel the contract.
- After the contract canceled, the parties return to each other what originally received. In case the land purchase and sale paid by the deposit amount returned to the depositor.
Notarization contract cancellation fee
According to Clause 1, Article 51 of the Law on Notary 2014 stipulates that “Notarization of amendments, supplements, and cancellations of notarized contracts or transactions can only be performed when there is a written agreement and commitment of all parties who have entered into that contract or transaction”.
Under Clauses 2 and 3, Article 51 of the Law on Notarization stipulates: “Article 51. Notarization of amendments, supplements, and cancellations of contracts and transactions
2. The notarization of the amendment, supplementation, or cancellation of the notarized contract or transaction shall be carried out at the notarial practice organization that has performed the notarization and shall be conducted by the notary. In case the notarial practice organization that has performed notarization terminates its operation, transforms, transfers, or dissolves, the notary of the notarial practice organization that is keeping the notarization dossier shall make the amendment. , add, cancel contracts, and transactions.
3. Procedures for notarization of notarized amendments, supplements, or cancellations of contracts or transactions that have already been notarized are carried out the same way as procedures for notarization of contracts or transactions specified in this Chapter.”
Notarization requesters shall pay notarization fees as prescribed by law.
Under Clause 3, Article 4 of Circular 257/2016/TT-BTC stipulates the fee level in case of notarization of contract cancellation or transaction is 25,000 VND.
Notarization of land purchase and sale contracts is a mandatory form, however, the cancellation of a notarized contract is still within the scope of the law and allows the parties to cancel the contract but must ensure the rights and interests. justifiable for the parties to the contract.
Notarized contract cancellation procedures
Profile composition
- Notarization request form (Form No. 01/PYC)
- Land use right transfer contract
- Minutes of agreement on cancellation of land purchase and sale contract
- A copy of the identity document of the notarization requester
- Copy of certificate of land use right
- Copies of other documents related to the contract that required by law.
The order and procedures for canceling the performance of a notarized contract, are the same as that of contract notarization specified in the Law on Notary 2014, specifically as follows:
Step 1: You submit a notarized contract cancellation request to the notary office that has notarized the previous contract. The notary examines the documents in the notarization request file.
Documents to be submitted include:
- A notarization request form, containing information on the full name and address of the notarization requester, contents to notarize, and a list of enclosed papers; the name of the notarial practice organization, the full name of the person receiving the notarization request dossier, time of receiving dossier;
- Drafting contracts and transactions;
- A copy of the identity document of the notarization requester;
- A copy of the certificate of ownership, right to use, or a copy of a substitute paper prescribed by law for a property for which the law requires registration of ownership, right to use in the case of a contract, transactions related to that asset;
Copies of other documents related to the contract or transaction that are required by law.
If the application for notarization is complete and by the provisions of law, it shall be accepted and recorded in the notarization book.
In case there are grounds to believe that there are unclear issues in the notarization request dossier; the conclusion of a contract shows signs of intimidation or coercion, or there is doubt about the applicant’s civil act capacity a notary or the subject matter of a contract or transaction has not specifically described, the notary shall request the notary requester to clarify or at the request of the notary requester, the notary shall conduct verification or request inspection request; In case of failure to clarify, it has the right to refuse notarization.
If there are provisions in the draft contract that violate the law, are contrary to social ethics, or the subject matter of the contract or transaction is inconsistent with the provisions of law, the notary must indicate to the petitioner. evidence for repair. In case the notarization requester fails to make corrections, the notary has the right to refuse notarization.
Step 2: The notarization requester re-reads the draft contract or transaction himself or the notary reads it to the notarization requester at the request of the notary requester
Step 3: The notarization requester agrees to all contents of the draft contract or transaction, then signs each page of the contract or transaction. The notary public requires the notarization requester to present the originals of the documents according to the dossier for comparison before recording the testimony and signing each page of the contract.
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Frequently asked questions
Cancellation of a notarized contract is the cancellation of a civil transaction or transaction contract that has been notarized by a competent authority, even though the parties have previously discussed and reached an agreement on the establishment of a contract or transaction.
The time limit for settlement is the same as the time limit for notarization specified in Article 43 of the Law on Notarization 2014.
Within 2 working days or in case there is a complicated contract, the notarization can last up to 10 days at the latest. In which, the time for verification and assessment will not be counted within 10 days.
The notarization requester gives the original copy of the document for comparison before recording testimonies and signing each page in the contract.
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