Application for Declaration of Invalidity of Notarized Land Use Rights Transfer Contract: Which Form to Apply?
Which form should be used to request a declaration of invalidity for a notarized land use rights transfer contract?
Currently, the form for requesting a declaration of invalidity for a notarized land use rights transfer contract is Form No 01-VDS issued together with Resolution 04/2018/NQ-HDTP.
The request form for declaring a notarized land use rights transfer contract invalid is as follows:
Download the form for requesting a declaration of invalidity for a notarized land use rights transfer contract here.
Which form should be used to request a declaration of invalidity for a notarized land use rights transfer contract?
How to fill out Form No 01-VDS?
According to the instructions in Form No 01-VDS issued together with Resolution 04/2018/NQ-HDTP, the following details should be filled in Form 01-VDS:
(1) State the type of civil matter that the requester is asking the court to resolve as prescribed by the Civil Procedure Code (e.g., request to declare a person missing; request to annul an unlawful marriage; request to annul a resolution of the General Meeting of Shareholders; request to declare a labor contract invalid;...).
(2) and (5) List the court with jurisdiction to resolve the civil matter; if it is a district-level people's court, specify the name of the district-level people's court, the district-level town, the city within the province or the centrally affiliated city (e.g., Thuong Tin District People's Court, Hanoi City); if it is a provincial-level people's court, specify the name of the province (city) people's court (e.g., Ha Nam Provincial People's Court).
(3) If the requester is an individual, clearly state the full name, date of birth, and the number of their national ID card/citizen ID card/passport or other identification documents; if it is an agency or organization, state the name of the agency or organization and the full name of the legal representative of the agency or organization. If it is a legal representative, state after the full name "- is the legal representative of the person with request rights” and specify the full name of the person with request rights; if it is an authorized representative, state "- is the authorized representative of the person with request rights according to the power of attorney dated ………” and specify the full name of the person with request rights. If there are multiple requesters, number them sequentially 1, 2, 3,... and provide complete information for each.
(4) If the requester is an individual, provide the full address of residence, workplace (if any) of the requester at the time of making the request (e.g., Binh An Hamlet, Phu Cuong Commune, My Duc District, Hanoi City); if it is an agency or organization, state the address of the headquarters at the time of making the request (e.g., headquartered at No. 20 Ly Thuong Kiet Street, Hoan Kiem District, Hanoi City).
(6) Specify the details that the requester is asking the court to resolve.
(7) State clearly the reasons, purposes, and grounds for requesting the court to resolve the civil matter.
(8) Provide the names, addresses of residence, workplaces (if any) of the persons that the requester believes are related to the resolution of the civil matter.
(9) Include any additional information deemed necessary for resolving the request.
(10) List the names of documents and evidence attached to the request, indicating whether they are copies or originals, in order of 1, 2, 3,... (e.g., 1. Copy of the Birth Certificate of Mr. Nguyen Van A; 2. Copy of the Marriage Certificate of Mr. Tran Van B and Mrs. Pham Thi C;....).
(11) State the location and date of making the request (e.g., Hanoi, December 08, 2018; Hung Yen, February 18, 2019).
(12) If the requester is an individual, a signature or fingerprint of the requester is required; if it is an agency or organization, the legal representative of the agency or organization must sign, state their full name and position, and stamp the agency or organization's seal. If the requester is an enterprise, the use of the seal is regulated by the Enterprise Law. If there are multiple requesters, all must sign and state their full names at the end of the request.
Who has the right to request the court to declare a notarized land use rights transfer contract invalid?
Pursuant to Article 398 of the 2015 Civil Procedure Code as follows:
Request for declaration of notarized document invalid.
1. The notary who performed the notarization, the person requesting notarization, the witness, the person with rights and obligations related, the competent state agency have the right to request the court to declare the notarized document invalid if there are grounds to believe that the notarization violated the law as prescribed by the notarization law.
2. The request to the court to declare the notarized document invalid must include the contents specified in Clause 2, Article 362 of this Code.
3. Along with the request, the requester must submit documents and evidence to substantiate the grounds and legality of the request to declare the notarized document invalid.
Thus, the notary who performed the notarization, the person requesting notarization, the witness, the person with rights and obligations related, and the competent state agency have the right to request the court to declare a notarized document invalid if there are grounds to believe that the notarization violated the law as prescribed by the notarization law.
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