Vietnam: Does the land lease contract have to be notarized or authenticated? When can the right to lease land be exercised?
What rights do land users in Vietnam have?
Clause 1, Clause 2, Article 167 of the 2013 Land Law of Vietnam provides for the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital as follows:
Land users in Vietnam 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 the 2013 Land Law of Vietnam.
- A group of land users sharing land use rights have the following rights and obligations:
+ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with the 2013 Land Law of Vietnam.
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 the 2013 Land Law of Vietnam;
+ 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 the 2013 Land Law of Vietnam.
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.
Vietnam: Does the land lease contract have to be notarized or authenticated? When can the right to lease land be exercised? (Image from the internet)
Does the land lease contract have to be notarized or authenticated?
Pursuant to Clause 3, Article 167 of the 2013 Land Law of Vietnam and Article 64 of Decree No. 43/2014/ND-CP, the notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
- 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 Clause 3, Article 167 of the 2013 Land Law of Vietnam;
- 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;
Thus, the land lease contract will have to be made in writing. Particularly in the case of a land lease contract where one or the parties to the transaction is a real estate business organization, it will be notarized or authenticated upon request.
Note:
- The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.
- Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.
- Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.
When is the time to exercise the rights to lease land?
Pursuant to Article 168 of the 2013 Land Law of Vietnam, the time to exercise the rights of land users is as follows:
- Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate.
In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease.
In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.
A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.
- The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of the 2013 Land Law of Vietnam.
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