What is a notarized certificate? Whether to buy land with a notary is a question many people ask. LSX Lawfirm will give you an article about: “Buy land and make a certificate of notarization in Vietnam”, as follows:
Legal grounds
Housing Law 2014;
Land Law 2013;
Decree 61/2009/ND-CP.
What is a notarized certificate?
“Notarized bailiff” or “vi notarized bailiff” is a term that is being misused and misused. It must be affirmed that; vi equal is vi equal and notarized is notarized; These two types of documents have different legal validity:
So, Vidition: A document created by a bailiff to record events and acts as a basis for trial at court;
Notarization: is the activity of a notary (under the notary public or a notary’s office) certifying the authenticity and legality of a contract or other civil transaction in writing.
So; using the word “visa notarized by bailiff” is a way to change the concept to make buyers believe in legal buying and selling activities. For many gullible people; then the broker taken to a “reparator’s office” to make a “micro-certificate” instead of going to a “notary’s office” to make a sale and purchase contract. Basically, when this document prepared, there are witnesses, red marks properly; but the legal value is “one heaven and one domain”.
Should buy land with vi equal not?
So, to affirm that should or should not buy; then it will be necessary to put it in each person’s situation; Here Lawyer X wants to analyze so that you can make your choice.
So, the first; According to the law, in the transaction of buying and selling land and houses, it is necessary to make a notarized document. Making a license to buy and sell real estate is against the law; and is not valid to change the name in the future. This provision is specified at Point a, Clause 3, Article 167 of the 2013 Land Law:
“Article 167. Right to exchange, transfer, lease, sublease, inherit, donate, mortgage or contribute land use rights as capital as capital
The notarization and authentication of contracts and documents on the exercise of rights of land users performed as follows:
a) So, contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets notarized or authenticated, except for the case of real estate business specified in Clause 1 of this Article. at point b of this clause;”
Second; the nature of vi equals to record events; means that the degree will testify to the handover of money by a party; one party delivers the documents; and does not have the power to testify for a legal transaction like a notary. Therefore, the license only used as a basis for settlement (claiming land, asking for money) in court only. Because vi is not for the purpose of “notarization of sale and purchase”; so there will be cases where the land sold to many people; the owner can profit and disperse the property; inability to pay when claimed leads to the loss of money and land.
Many people understand that buying and selling land is illegal; but for the land with unclear legal status (not yet pink book)….; then making a license and a contract of sale the only thing done when it not possible to notarize such property.
Of course, when buying these lands, the owner will get a better price than the market; but it will also have to trade off with possible disputes in the future. In case that is the only option; it is advisable to find real reputable land sellers and have clear binding documents drafted by a lawyer.
What is a bailiff’s house papers?
Currently, many people still believe in buying and selling houses through a license. In fact, many cases are just scams and extremely risky. This has resulted in many cases where house papers and transfer papers are incomplete and inconsistent with regulations.
So, article 36 of Decree 08/2020/ND-CP stipulates the authority, scope of making a license; and the legal value of a license as follows:
Then a bailiff 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.”
However, the transfer, donation or mortgage of land use rights; then land use rights and land-attached assets notarized or authenticated; according to the provisions of Article 167 of the 2013 Land Law; in Article 122 of the 2014 Housing Law; The house purchase contract is effective at the time of notarization or authentication.
So, the act of making an equalization for the sale and purchase of a house; carried out in accordance with the order and procedures prescribed by the State; will confirm that there is a contract of sale between the two parties at the time of making ; and considered as evidence at the time of establishment. Court if there is a dispute. Buying and selling credits has many potential legal risks, so people need to consider carefully before putting money down.
Thus, it concluded that the house sale transaction or house documents notarized or authenticated; but cannot make to buy and sell houses.
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam or Bailiff real estate in Vietnam; Bailiff under Vietnamese law; Conditions to practice as a bailiff in Vietnam.
In what cases will the bailiff not be equal?
- Firstly, in cases related to the rights and interests of themselves and their loved ones; including: Wife, husband, natural and adopted children; biological father, biological mother, adoptive father, adoptive mother; grandfather, paternal grandmother, maternal grandfather, grandmother; uncle, aunt, uncle and brother, sister and brother of the bailiff, of his wife or husband Bailiff; The nephew that Thua Phat plays is a grandfather, grandmother, uncle, uncle, aunt, uncle.
- Secondly, Violations against regulations on assurance of security and defense include: Violation of security and defense objectives; disclosing state secrets, spreading information, documents and items belonging to state secrets; violate the regulations on entering, leaving, and traveling in prohibited areas; protected areas, safety belts of security and defense works and military zones; violate regulations on protection of secrets, protection of security and defense works and military zones.
- Then violate private life, personal secrets; family secrets as prescribed in Article 38 of the Civil Code or violate social ethics.
- Confirming the contents and signing of contracts and transactions as prescribed by law within the scope of notarization and authentication activities; certify the accuracy; lawfulness and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages or from foreign languages into Vietnamese; confirm the signature, the copy is true to the original.
Related questions
Notarization: Is the practice by a notary of a notary practice organization certifying the authenticity and legality of a contract or other civil transaction in writing, its accuracy, legality, and not contrary to social ethics. of translations of papers and documents from Vietnamese to foreign languages or vice versa that must be notarized by law or voluntarily request notarization by individuals or organizations.
Vi notarization or vi notary public notarization is a term that is being misused and abused. It must be affirmed that; vi equal is vi equal and notarized is notarized; These two types of documents have different legal validity:
Vidition: A document created by a bailiff to record events and acts as a basis for trial at court;
Notarization: is the activity of a notary (under the notary public or a notary’s office) certifying the authenticity and legality of a contract or other civil transaction in writing.
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