Many people when buying land from acquaintances do not understand the law, so they have established the transaction in a written paper. In fact, a lot of people buy and sell houses through a contract written by hand to save their time. So, many still wonder if they can notarize the written contract or not. In this article, LSX legal firm would like to answer the question: “Can you notarize a written contract on house buying in Vietnam?”
Legal grounds
- Law on Land 2013
- Law on Notarization 2014
- Decree 01/2017/ND-CP
Conditions for transferring land use rights
Currently, the law stipulates very detailed conditions for the transfer of land use rights. Article 188 of the Law on Land 2013 stipulates the conditions for the transfer of land use rights as follows:
Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as the capital when meeting the following conditions:
a) Having the certificate, except for the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b) The land is dispute-free;
c) The land use rights are not distrained to secure judgment enforcement;
d) Within the land use term.
In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
The exchange, transfer, lease, sublease, inheritance, donation, or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
The reason for the land transfer contract written by hand
The transaction of transferring land-use rights by handwritten paper has long been not an uncommon problem, the main reasons are:
- Firstly, due to the limited understanding and knowledge of the law of the transaction parties.
- Secondly, due to the trust between the parties when entering into a contract, many people often overlook the form of a contract when entering into a contract and many other reasons.
- Thirdly, underestimating the risks that may occur when performing a handwritten transfer contract.
For the above reasons, the transfer of land use rights by handwriting paper takes place more and more, leading to an increase in land disputes.
Can you notarize a written contract on house buying?
The person named in the red book or by an authorized person as prescribed by civil law must sign contracts and transaction documents on land use rights as well as ownership of land-attached assets of households.
At the same time, Clause 5, Article 14 of Circular 02/2015/TT-BTNMT stipulates that the person named on the certificate or authorized person in accordance with the civil law specified in Clause 1, Article 64 of the Decree No. 43/2014/ND-CP only allowed to sign contracts, transaction documents on land use rights and ownership of land-attached assets when agreed in writing (notarized or attested) by members of the land-using household.
According to Article 119 of the Civil Code 2015, a civil transaction shall be expressed verbally, in writing, or through specific acts.
Also, Clause 2, Article 129 of the Civil Code 2015:
“A civil transaction violating conditions for validity pertaining to form shall be invalid, except for any of the following cases:
- If the form of a civil transaction, required to be established in writing, does not comply with regulations of law, but a party or the parties has/have fulfilled at least two third of the obligations in the transaction, a court, at his/her/their request(s), shall issue a decision on recognition of the validity of such transaction.”
So, if you can prove that you have performed at least two-thirds of the obligations in the transaction; the contract is valid and does not need to be notarized.
Cases of transferring land use rights by handwritten paper without notarization
According to Clause 3, Article 167 of the Law on Land 2013, you must notarize or certify the contracts on transfer, donation, mortgage, or contribution of land use rights as capital, or the rights to use land and land-attached assets, except for the case of real estate business prescribed at Point b of this Clause.
Thus, you have to notarize or authenticate the contract for the transfer of land use rights according to regulations, except for real estate business cases where a real estate business organization takes part as one of the parties to the transaction.
If having no notarization or authentication, the transfer will become invalid and not eligible for carrying out procedures for applying for a land use right certificate. The issuance of a land use right certificate does not consider the transfer of land use rights through a handwritten paper as a basis.
However, in some cases, buying land by handwritten paper without notarization or authentication still results in a land use right certificate.
Section 1 of Article 82 amended in Decree 01/2017/ND-CP
- A user of a land parcel that has not been certified, if using such land parcel under the following circumstance but not in an event defined in Section 2 of this Article, shall apply for land registration and for initial certification of land use right with or without ownership of house and properties attached to the land as per the Land Law and this Decree without undergoing the procedure for transfer of land use right. In addition, the agency taking in the application cannot request the transferee of land use right to submit the contract and documents on land use right transfer as per the laws:
a) The land parcel was acquired through transfer or donation of land use right before 01st January 2008;
b) The land parcel was acquired through transfer or donation of land use right from 01st January 2008 to a date before 01st July 2014 and the documents on land use rights pursuant to Article 100 of the Land Law and Article 18 of this Decree are available;
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
Households and individuals currently using land now carry out the procedures for applying for a land use right certificate for the first time according to Article 8 of Circular 24/2014/TT-BTNMT
Firstly, the parties bring all the documents to the Notary Office to request the notarization of the contract and transaction of the parties.
Secondly, the Notary examines the documents. If the documents valid; the notary will proceed to draft the Contract at the request of the parties; or according to the Model Contract brought by the parties.
Thirdly, the parties re-read and check the content of the notarized contract.
Fourthly, the parties sign, and fingerprint the Contract, and the Notary notarizes the Contract.
Lastly, the parties pay the notarization fee and receive the original Contract.
In case you can not travel, you can conduct the notarization outside the headquarters of the notarial practice organization.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can you notarize a written contract on house buying in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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