Unilaterally cancel the notarized real estate purchase and sale contract in Vietnam

Currently, buying and selling land is not too strange for us. Some people buy land for investment, some people buy land to build houses, build companies, etc. for many different purposes. However, there are times when, for some reason, the seller doesn’t want to sell anymore. So is it possible to “Unilaterally cancel the notarized real estate sale and purchase contract”? Let’s go with Lawyer X to find out this issue!

Legal grounds

Civil Code 2015

Land Law 2013

Notarization Law 2014

How is the contract of sale of property regulated?

According to the provisions of Article 430 of the 2015 Civil Code:

A property sale and purchase contract is an agreement between parties whereby the seller transfers ownership of the property to the buyer and the buyer pays the seller.

Contracts on housing purchase and sale, house purchase and sale for other purposes shall comply with the provisions of the Civil Code 2015, Housing Law 2014, and other relevant laws.

When is the time to exercise the rights of land users?

Land users may exercise the rights to transfer, lease, sublease, donate, mortgage, or contribute land use rights as capital upon obtaining the Certificate. For the case of conversion of agricultural land use rights, the land users may exercise their rights after the decision on land allocation or land lease is issued; In the case of inheriting land use rights, land users may exercise their rights when they obtain a Certificate or meet all conditions for issuance of a Certificate of land use rights, ownership of houses and other land-attached assets.

In case the land user is allowed to delay the performance of financial obligations or is entitled to debit the financial obligations, the financial obligations must be fulfilled before exercising the rights.

– The time when the person performing the transfer of land use rights in the investment project, construction and business of housing for sale or lease; transfer the land use right and concurrently transfer the entire project, for investment projects on construction of infrastructure for transfer or lease after obtaining the Certificate and meeting the conditions specified in Article 194 of Land Law 2013.

The right to convert, transfer, lease, sublease, inherit, donate, mortgage, or contribute land use rights as capital

Land users may exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, or contribute land use rights as capital by the 2013 Land Law.

– Groups of land users who share the same land use rights have the following rights and obligations:

+ A group of land users including households and individuals shall have the same rights and obligations as those of households and individuals by this Law.

+ In case a group of land users is an economic organization, they have the same rights and obligations as the rights and obligations of economic organizations by this Law;

+ Besides, in the case of a group of land users whose land use rights can be divided into parts for each member of the group, if each member of the group wants to exercise the right to his/her share of the land use right, he/she must carry out the following procedures: split plots according to regulations, carry out procedures for issuance of certificates of land use rights, ownership of houses and other land-attached assets, and exercise the rights and obligations of land users by this Law.

In case the land use rights of a group of land users cannot be divided into parts, they shall authorize a representative to exercise the rights and perform the obligations of the group of land users.

Unilaterally cancel the notarized real estate purchase and sale contract

The notarization and authentication of contracts and documents on the exercise of rights of land users shall be performed as follows:

– Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights, and land-attached assets must be notarized or authenticated, except for the case of real estate business specified in Clause 1 of this Article. point b of this clause;

– Contracts for lease, sub-lease of land use rights, land use rights and properties attached to the land, contracts for conversion of agricultural land use rights; a notarized contract for the transfer of land use rights, land use rights, and assets attached to the land, assets attached to the land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties;

– Documents on the inheritance of land use rights, land use rights, and land-attached assets, notarized or authenticated according to the provisions of civil law;

– The notarization shall be carried out at notarial practice organizations, and the authentication shall be carried out at the commune-level People’s Committees.

Unilaterally cancel the notarized real estate purchase and sale contract

Under the provisions of Article 51 of the Law on Notarization 2014, regulations on the notarization of amendments, supplements, and cancellations of contracts and transactions

– The notarization of amendments, supplements, or cancellations of notarized contracts or transactions is only carried out when there is a written agreement and commitment of all people who have entered into such contract or transaction.

– The notarization of amendments, supplements, or cancellations of notarized contracts or transactions shall be carried out at the notarization practice organization that has performed the notarization and shall be conducted by the notary. In case the notarial practice organization that has performed notarization terminates its operation, transforms, transfers, or dissolves, the notary of the notarial practice organization that is keeping the notarization dossier shall make the amendment. , add, cancel contracts, and transactions.

– Notarization procedures for the amendment, supplementation, or cancellation of notarized contracts or transactions are carried out like the procedures for notarization of contracts and transactions specified in this Chapter.

Thus, it is not possible to unilaterally cancel the notarized real estate sale and purchase contract. Canceling the notarized real estate sale and purchase contract upon agreement of both parties.

Notarization requesters, witnesses, interpreters

– The notarization requester being an individual must have civil act capacity.

In case the notarization requester is an organization, the notarization request shall be made through the legal representative or the authorized representative of that organization.

Notarization requesters must present all necessary papers related to the notarization and take responsibility for the accuracy and legitimacy of those papers.

– In case the notarization requester cannot read, hear, sign, can only score, or in other cases prescribed by law, the notarization must be accompanied by witnesses.

A witness must be a person aged full 18 years or older, have full civil act capacity, and have no rights, interests, or obligations related to notarization.

The witness is invited by the notarization requester, if the notarization requester cannot be invited, the notary public shall appoint.

– In case the notarization requester is not fluent in Vietnamese, he or she must have an interpreter.

The interpreter must be at least 18 years old, have full civil act capacity, and be fluent in Vietnamese and the language used by the notarization requester.

Interpreters are invited by notarization requesters and must be responsible before law for their interpretation.

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