I plan to buy an apartment in the center of Ba Dinh district next month to be more convenient at work. I have found an apartment that is quite satisfactory, the seller requires notarization of the apartment sale and purchase contract, I have a question that “Cases of buying an apartment need notarization in Vietnam” Hope for assistance in solving this problem, thank you very much!
Legal grounds
- Housing Law 2014
- Circular 257/2016/TT-BTC
What is notarization?
Notarization means that a notary of a notarial practice organization certifying the authenticity and lawfulness of a written contract or other civil transaction (hereinafter referred to as contract or transaction), accuracy , legally, and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages or from foreign languages into Vietnamese (hereinafter referred to as translations) which, according to the provisions of law, must be published. notarization or individuals or organizations voluntarily request notarization.
Notarization has the following characteristics:
Notarization is an activity performed by a notary in accordance with the law.
– The notarization requester can be a Vietnamese individual or organization or a foreign individual or organization that requests the notarization of contracts, transactions or translations.
The content of the notarization is to determine the legitimacy of contracts and civil transactions. Confirm the accuracy, legality and not contrary to social ethics of translations of documents, of documents.
According to current regulations, there are two types of notarized transactions, namely transaction contracts that are required to be notarized according to the provisions of law and transaction contracts voluntarily requested by organizations and individuals. notarization request.
Definition of apartment
An apartment building is a house in which there are many separate apartments that are independent of each other but have common areas or equipment.
An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, shared ownership and a system of infrastructure works for common use by households. , individuals and organizations, including condominiums built for residential purposes and condominiums built with mixed-use purposes for residential and business purposes.
According to the provisions of Clause 3, Article 3 of the Law on Housing 2014: “Apartment house is a house with 2 floors or more, has many apartments, has a common path and stairs, has a private part and a shared part. and a system of common-use infrastructure works for households, individuals and organizations, including apartment buildings built for residential purposes and condominiums built with mixed-use purposes for residential purposes. living and doing business”.
According to the provisions of Clause 1, Article 3 of Circular No. 28/2016/TT-BXD: An apartment building is an independent block or several blocks that share a floating podium on the ground built according to regulations. project plans and documents approved by competent authorities.
According to the provisions of Clause 1, Article 3 of Circular No. 28/2016/TT-BXD: An apartment complex is a collection of 02 or more apartment buildings built according to the planning and project documents issued by a competent authority. approval authority.
Shared area and equipment in an apartment building are owned by the owner or are jointly owned by all owners of independent apartments in that apartment building. This common area is an indivisible part of the property.
Everyone has equal rights and obligations in the use of shared areas and equipment in the apartment building.
Cases of buying an apartment need notarization in Vietnam
Pursuant to the provisions of Clause 1, Article 122 of the Law on Housing 2014, if buying and selling a house or transferring a commercial house purchase and sale contract, it must be notarized or authenticated, except for the following cases where it is only necessary to notarize according to agreement: and the needs of the parties:
– Buying, selling, leasing and buying state-owned houses.
– Buying and selling social housing, housing for resettlement.
At the same time, according to Point a, Clause 1, Article 8 of Decree No. 02/2022/ND-CP, if the transferor of a house purchase and sale contract is formed in the future (apartment has not been handed over or put into use but has may already have a purchase and sale contract with the investor…) but is an enterprise engaged in real estate business, it is not required to be notarized unless the parties so request.
Accordingly, based on the above provisions, if buying and selling an apartment between an individual and an individual or between an individual and an organization (without registration as a real estate business), it must be notarized or authenticated.
On the contrary, if the transferor of the house to be formed in the future is an enterprise with real estate business, it may or may not be notarized depending on the needs of the parties.
When notarization, the parties shall go to a notarization practice organization; if it is authenticated, the parties shall go to the commune-level People’s Committee where the apartment building is located to carry out procedures as prescribed by law.
How much is the fee for notarizing the apartment purchase and sale contract in 2022?
For cases that must be notarized, the parties must prepare all documents, dossiers and documents to the Notary Office or the Notary Office to carry out the procedures for notarization of the apartment purchase and sale contract.
After completing all the procedures when notarizing the apartment purchase and sale contract, including:
– The parties have been read the draft contract by the Notary Public, explaining the issues still in doubt with the content of the contract as well as the rights and obligations of the parties after signing the apartment purchase and sale contract.
– The notary examines and compares legal documents (the originals provided by the parties about personal papers and documents on the property being an apartment building).
– The parties are instructed by the Notary in detail how to sign and point to each page of the contract.
– The notary shall record the testimony, stamp and return the contract signed by the parties, the notary and the seal of the notarial practice organization.
Upon receipt of the original contract, the parties must perform the obligation to pay notarization fees and remuneration at the following levels:
Notary fees in a sale contract
Since this is a sales contract, the notary fee in this case is determined according to the property value or the contract value. Pursuant to Point a, Clause 2, Article 4 of Circular 257/2016/TT-BTC, the notarization fee in this case is calculated on the total asset value as follows:
No. Total value Notarization fee (VND/case)
1 Under 50 million VND 50 thousand VND
2 From 50 to 100 million VND 100 thousand VND
3 From over 100 million VND – 01 billion VND 0.1% of total asset value
4 From over 01 – 03 billion VND 01 million VND + 0.06% of the total asset value exceeding 01 billion VND
5 From over 03 – 05 billion VND 2.2 million + 0.05% of the total asset value exceeding 03 billion VND
6 From over 05 – 10 billion VND 3.2 million + 0.04% of the total asset value exceeding 05 billion VND
7 From over 10 – 100 billion VND 5.2 million + 0.03% of the total asset value exceeding 10 billion VND.
8 Over 100 billion VND 32.2 million VND + 0.02% of the total asset value exceeding 100 billion VND but the maximum is only 70 million VND/case
According to the above regulations, the minimum notarization fee is 50,000 VND/case and the maximum is 70 million VND/case.
Notary remuneration
In addition to the notarization fee, when notarizing the apartment purchase and sale contract, the parties must also pay notarization remuneration. The specific remuneration level will be agreed upon by the parties and the notarial practice organization but must not exceed the ceiling level set by the provincial People’s Committee (according to Clause 2, Article 67 of the Law on Notary).
Thus, the notary remuneration of each notary practice organization in each province and city will be different. In which, notary remuneration can be mentioned at:
City. Hanoi: Drafting: 01 million VND (according to Decision No. 10/2016/QD-UBND).
City. Ho Chi Minh City ((Based on Decision 08/2016/QD-UBND)
– Drafting: From 70,000 – 300,000 VND/case.
– Typing, printing contract: 15,000 VND/page.
– Provide contract form: 2,000 VND/sample.
Signing outside the office:
+ In the city. Ho Chi Minh City: Ranges from 500,000 VND / time – 1.2 million VND / time.
+ Outside the city. Ho Chi Minh City: Ranges from 1.5 to 2.5 million VND/time.
– Other jobs:
+ Simple 400,000 VND / job.
+ Complex: 01 million VND/job.
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Frequently asked questions
Notarized documents are an effective tool to protect the legitimate rights and interests of citizens, prevent disputes, and create stability in civil and property relations.
Notarization helps the parties to limit the risks from unnotarized civil and commercial contracts and transactions.
An apartment sale and purchase contract is an agreement between a buyer and a seller in writing. Accordingly, the seller is obliged to transfer the house as well as the ownership of that house to the buyer. The buyer must pay and pay the seller according to the time limit, place and method agreed in the apartment purchase and sale contract.
Certificate of house ownership, also known as Red Book
National ID card or citizen identity card of both husband and wife
Registration book
Marriage certificate of the person named on the red book (or if single, a certificate of marital status is required).
Conclusion: So the above is Cases of buying an apartment need notarization in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
