Does a contract for donation of real estate need to be notarized? What is the latest template of contract for donation of real estate in Vietnam?
What is the latest template of contract for donation of real estate in Vietnam?
Currently, the law does not stipulate the form of contract for donation of real estate. Below is the template of contract for donation of real estate (for reference only):
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Download the latest template of contract for donation of real estate in Vietnam: Here.
Does a contract for donation of real estate need to be notarized? What is the latest template of contract for donation of real estate in Vietnam? (Image from the Internet)
When does the contract for donation of real estate in Vietnam take effect?
Pursuant to Clause 2, Article 459 of the 2015 Civil Code of Vietnam as follows:
Gifts of immoveable property
1. A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.
2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.
Thus, according to the above provisions, a contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.
Does a contract for donation of real estate need to be notarized?
Pursuant to Point a, Clause 3, Article 167 of the 2013 Land Law of Vietnam, the donation of real estate is as follows:
The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.
2. A group of land users sharing land use rights have the following rights and obligations:
a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.
In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.
3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;
b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;
c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;
d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.
Thus, according to the above provisions, the contract of donation of real estate must be notarized.
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