Today, there are many cases where two parties enter into a contract only in handwriting. It is easy to have a dispute later if the contract has a problem. So about the matter “Can a notarized hand written contract be printed in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Law 2015
What is hand written land purchase and sale?
The current law has no definition or regulation of “Handwritten sale and purchase paper”. In fact, this is a phrase that people often mention to refer to a type of document that is made in writing by the land buyer and seller (in lowercase or typed) but not notarized or authenticated according to regulations. under the law.
Conditions for transferring land use rights
According to Article 188 of the 2013 Land Law, conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution with land use rights
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit or donate land use rights; the right to mortgage land use rights or contribute capital with land use rights must also satisfy the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange, transfer, lease, sub-lease, inheritance, donation, mortgage of land use rights, capital contribution with land use rights must be registered at the land registration agency and take effect from the time of registration in the cadastral book”
Thus, based on the above provisions, when transferring land use rights, the following conditions must be met:
• Have a Certificate;
• Undisputed land;
• Land use rights are not distrained to secure judgment enforcement;
• During the land use period.
The transfer of land use rights must be registered at the land registration office and takes effect from the time of registration in the cadastral book.
Can a notarized handwritten contract be printed in Vietnam?
In case of transfer before July 1, 2014
According to the provisions of Clause 54, Article 2 of Decree No. 01/2017/ND-CP amending and supplementing Clause 1, Article 82 of Decree No. 43/2014/ND-CP stipulating procedures for registration and issuance of Certificates in cases where Transfer of land use right but not yet carry out the procedures for transferring the right as follows:
1. In the following cases of land use that have not yet been granted a Certificate and do not fall into the cases specified in Clause 2 of this Article, the current land user shall carry out the procedures for land registration and grant of a Certificate of Rights. use land, ownership of houses and other land-attached assets for the first time according to the provisions of the Land Law and this Decree without having to carry out procedures for transferring land use rights; The application-receiving agency may not require the land use right transferee to submit the contract or document on land use right transfer as prescribed by law:
a) Use land due to transfer or donation of land use rights before January 1, 2008;
b) Using land due to the receipt of transfer or donation of land use rights from January 1, 2008 to before July 1, 2014 and have the land use right documents specified in Article 100 of the Land Law. and Article 18 of this Decree;
c) Using land due to inheritance of land use rights before July 1, 2014.”
Accordingly, if the land is currently being used due to the transfer before July 1, 2014, when carrying out the procedures for applying for a Certificate for the first time, the application-receiving agency may not require the transferee to submit a contract. , land use right transfer documents in accordance with the law (not required the transferee to submit a notarized or authenticated contract).
Thus, there are 02 cases where the land use right can be transferred by handwritten paper without notarization or authentication.
In case of transfer from 01/07/2014
According to the provisions of Point a, Clause 3, Article 167 of the Land Law, contracts on transfer, donation, mortgage, capital contribution with land use rights, land use rights and land-attached assets must be notarized or certified. real.
And according to Clause 1, Article 211 of the 2013 Land Law, the Land Law takes effect from July 1, 2014.
Thus, from July 1, 2014 up to now, when transferring, donating, mortgaging or contributing capital with land use rights, land use rights and land-attached assets, a contract must be drawn up and notarized. or authenticated, if not notarized or authenticated, the contract is void (the contract is invalid).
However, Clause 2, Article 129 of the 2015 Civil Code provides as follows:
2. A civil transaction that has been established in writing but violates the mandatory regulations on notarization and authentication where one party or the parties has performed at least two-thirds of the obligations in the transaction shall be requested by the one party or parties, the Court shall issue a decision to recognize the validity of that transaction. In this case, the parties are not required to perform the notarization or authentication.
Accordingly, a contract for the transfer of land use rights (land only), a contract for the transfer of land and housing that is not notarized or authenticated in which one party or parties has performed at least two-thirds of the obligations in the contract, according to the provisions of this Law. At the request of one party or parties, the Court shall issue a decision to recognize the validity of such contract.
What is the regulation on general rights of land users?
As for the provisions on general rights of land users, Article 166 of the Land Law 2013 specifically provides as follows:
Article 166. General rights of land users
1. To be granted a certificate of land use rights and ownership of houses and other land-attached assets.
2. Enjoy the fruits of labor and investment results on land.
3. To enjoy benefits from State works in service of the protection and improvement of agricultural land.
4. To be guided and assisted by the State in the reclamation and reclamation of agricultural land.
5. To be protected by the State when other people infringe upon their lawful rights and interests in land.
6. To be compensated when the State recovers land according to the provisions of this Law.
7. Complaints, denunciations and lawsuits about violations of their lawful land use rights and other violations of the land law.
Dossier for transfer of land use rights
Notarization request dossier: 01 set of notarization request dossier for the notary office, including:
• Request form for notarization of contracts and transactions according to the form;
• Draft contract (if any);
• Copies of identification documents;
• A copy of the certificate of land use right;
• Copies of other documents related to the contract that are required by law.
Dossier for registration of land use rights includes:
• Request form for notarization of contracts and transactions according to the form;
• Draft contract (if any);
• Copies of identification documents;
• A copy of the certificate of land use right;
• Copies of other documents related to the contract that are required by law.
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Frequently asked questions
When there is a need to authenticate documents (commonly known as notarization of documents), the requester can go to the district-level Justice Department, the commune-level People’s Committee, the notary’s office/office or a representative agency anywhere. to perform.
When detecting incorrect information in the red book, people need to submit the certificate, certificate of house ownership, certificate of ownership of construction works that have been issued with errors to the land registration office for inspection. corrections.
For the cases in which the certificate has been issued, the application for replacement shall be made by the natural resources and environment agency in accordance with the Government’s regulations.
Specifically, for localities that have not yet established land registration offices as prescribed in Clause 1, Article 5 of this Decree, the issuance of red books for the cases specified in Clause 1 of this Article shall be as follows:
The Department of Natural Resources and Environment shall re-issue/reissue red books for religious organizations and establishments; overseas Vietnamese to implement investment projects; foreign organizations and individuals; foreign-invested enterprises;
District People’s Committees grant red books to households, individuals, residential communities and overseas Vietnamese to own houses associated with residential land use rights in Vietnam.
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