Vietnam: Do the Commune People's Committees have the right to authenticate the contract authorizing the transfer of land use rights?
- Do the Commune People's Committees have the right to authenticate the contract authorizing the transfer of land use rights in Vietnam?
- What does the application for authenticating contracts authorizing the transfer of land use rights at the Commune People's Committees in Vietnam include?
- What are the procedures for authenticating contracts authorizing the transfer of land use rights at the Commune People's Committees in Vietnam?
Do the Commune People's Committees have the right to authenticate the contract authorizing the transfer of land use rights in Vietnam?
In Clauses 4 and 9, Article 2 of Decree 23/2015/ND-CP on authentication of contracts as follows:
"Article 2. Interpretation of terms
...
4. “Authentication of contracts” means competent agencies as defined hereof shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties
...
9. “Authenticating person” means head or deputy head of the Justice Office of provincial-affiliated districts and cities; presidents, vice-presidents of the People’s Committees of communes, notaries, notary offices; diplomats, consuls of diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries.
..."
Accordingly, the Presidents and Vice presidents of the Commune People's Committees will be authenticating persons.
In addition, according to Clause 2, Article 5 of Decree 23/2015/ND-CP as follows:
"Article 5. Authorities and responsibilities for authentication
...
2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:
a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;
b) Authenticate signatures on papers and documents except signatures of translators;
c) Authenticate contracts concerning properties as movables;
b) Authenticate contracts concerning land use right according to the Law on Land;
dd) Authenticate contracts concerning houses according to the Law on Housing;
e) Authenticate testaments;
g) Authenticate written refusal of heritage;
h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;
Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;”
According to the above provisions, the Commune People's Committee has the authority to authenticate the contract authorizing the transfer of land use rights in Vietnam.
What does the application for authenticating contracts authorizing the transfer of land use rights at the Commune People's Committees in Vietnam include?
The application for authenticating contracts authorizing the transfer of land use rights at the Commune People's Committees in Vietnam shall be prepared according to the provisions of Clause 1 Article 36 of Decree 23/2015/ND-CP, including:
- Draft contract authorizing the transfer of land use rights.
- Copies of valid ID card or passport of the person requesting authentication (presented with the original for comparison)
- Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract (presented with the original for comparison)
What are the procedures for authenticating contracts authorizing the transfer of land use rights at the Commune People's Committees in Vietnam?
The authentication procedures are specified in Article 36 of Decree 23/2015/ND-CP as follows:
Step 1: Requesters must submit applications for authenticating contracts, including the above-mentioned documents.
Step 2: The authenticating person shall carry out examination of authentication request documents
- The attestation person checks the documents in the dossier requesting attestation, if the dossier is complete, at the time of attestation of the parties to the contract, voluntary transactions, lucidity and awareness, mastering their behavior, the attestation shall be carried out.
Step 3: The parties to the contract sign in front of the person performing the attestation.
- Upon finding that such documents are adequate and contracting members have sound mind, are conscious and able to control their behaviors, authentication shall be carried out.
- The authenticating person must check the signature on the contract against the specimen signature before authentication is done. Upon finding any suspicion, the requester shall be requested to sign his signature in front of the authenticating person.
- In case a requester is unable to perform the act of signing, his/her append fingerprint may be used as a substitute; if a requester is unable to read, hear, sign name or make any append fingerprint, at least two witnesses are required.
- Witnesses must have adequate civil capacity and have no rights, benefits or obligations relating to the contract.
Step 4: The authenticating person must write testimonies corresponding to each type of contract according to the defined form
- The authenticating person must write testimonies corresponding to each type of contract according to the defined form; sign and write full name, affix a seal of the agency that performs authentication and record it in the authentication book.
- For any contract that has at least two pages, each page must be numbered in order with a signature of the requester and authenticating person; number of pages and testimonies shall be written at the last page of the contract.
- For any contract that has at least two sheets, a stamp must be affixed on adjoining edges of the contract.
LawNet
