Recently, more and more transactions of buying and selling real estate in the form of evictions have appeared. In fact, many people mistakenly believe that the mortgage issued by the bailiff is a house sale and purchase contract, leading to many consequences and the risk of losing everything in the event of a dispute. So what exactly is equals? How is the real estate license? What is their legal value? For more clarification on this issue, LSX Lawfirm will give you an article about: “Bailiff real estate in Vietnam”, as follows:
Legal grounds
– Land Law 2013;
– Decree No. 08/2020/ND-CP dated January 8, 2020 of the Government on organization and operation of bailiffs
What means of Bailiff?
So, according to Clause 3, Article 2 of Decree No. 08/2020/ND-CP dated January 8, 2020 of the Government on the organization and operation of bailiffs; a license understood as a document recording events and acts that have The truth is witnessed directly by the bailiff and made at the request of individuals, agencies and organizations in accordance with the provisions of Decree No. 08/2020/ND-CP.
Features of Bailiff
– Firstly, in terms of form, the form of the vi degree is a text. This document shall prepare by the bailiff in accordance with the order and procedures prescribed by law.
– Secondly regarding the content, by recording real events and acts directly witnessed by the bailiff.
– In terms of legal value, vi is not a substitute for notarized documents; authenticated documents and other administrative documents, but is a source of evidence for the Court to consider; when settling civil and administrative cases according to regulations; prescribed by law and is the basis for conducting transactions between agencies; organizations and individuals according to the provisions of law.
Bailiff real estate means?
The concept of Bailiff real estate
From the concept of vi, it understood that a real estate license is a document recording the acts related to real estate transactions of the subjects; witnessed directly by the bailiff; and made at the request of the parties of the real estate transaction. transaction.
Legal value of Bailiff real estate
Firstly
Like vi in general, Bailiff real estate does not replace notarized documents; authenticated documents; and other administrative documents; but is a source of evidence for the Court to consider when settling civil and administrative cases according to law provisions of law and is the basis for conducting transactions between agencies; organizations and individuals according to the provisions of law.
According to Article 37 of Decree 08/2020/ND-CP dated January 8, 2020 of the Government on the organization and operation of bailiffs; one of the cases that cannot be equalized is the case of certifying the contents; The signing of contracts and transactions as prescribed by law falls within the scope of notarization and authentication activities.
Secondly
On the other hand, according to the provisions of the Land Law 2013; the following contracts must be notarized and authenticated:
- Contracts for transfer, donation, mortgage or capital contribution with land use rights; land use rights and land-attached assets, except for real estate business;
- Contracts for lease, sub-lease of land use rights, land use rights and properties attached to land, contracts for conversion of agricultural land use rights; contract for the transfer of land use rights; land use rights and properties attached to land; properties attached to land in which one party or parties to the transaction is a real estate business organization;
- Documents on inheritance of land use rights, land use rights and properties attached to land.
Thus, for the contracts that need notarized and authenticated as mentioned above; the bailiff does not make a claim to confirm the content and signing of those contracts and transactions. At this time, the license is only made to confirm the actual transaction between the parties, but cannot determine whether the transaction has legal value or not.
Cases related to Bailiff real estate in Vietnam
A bailiff granted a license related to real estate in some of the following cases:
- Make a certificate to confirm the status of houses and land;
- Prepare a certificate to confirm that the transfer of money when transferring real estate is legal, when the transfer contract notarized or authenticated according to regulations;
- Make a deposit by recording the deposit.
Related questions
– The bailiff has the right to verify the conditions for judgment enforcement that the case falls under the enforcement competence of the civil judgment enforcement agencies in the provincial area where the bailiff’s office is located.
– When verifying the conditions for judgment enforcement, the bailiff has the right to verify outside the province-level area where the bailiff’s office is located.
– A bailiff shall be made by recording real events and acts at the request of agencies, organizations and individuals nationwide, except for the cases specified in Article 37 of this Decree.
Vi equals does not replace notarized documents, authenticated documents, other administrative documents.
The diploma is a source of evidence for the Court to consider when settling civil and administrative cases in accordance with law; is the basis for performing transactions between agencies, organizations and individuals according to the provisions of law.
– During the process of assessing and considering the value of evidence of a criminal license, if necessary, the People’s Court or People’s Procuracy may summon a bailiff, other agencies, organizations and individuals to clarify the authenticity of vi equals. The bailiff, other agencies, organizations and individuals must be present when summoned by the Court or People’s Procuracy.
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