Vietnam: Is it possible to cancel a notarized land sale contract? If so, what is the procedure?
Is it possible to cancel a notarized land sale contract in Vietnam?
The above content is referenced in Clause 1, Article 51 of the Law on Notarization 2014 of Vietnam as follows:
Article 51. Notarization of the modification, supplementation or cancellation of contracts or transactions
1. The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.
Accordingly, the cancellation of a notarized contract is only carried out when there is a written agreement and commitment of the parties to this contract.
In your case, if the two parties have discussed and decided to cancel the performance of the notarized contract, the notarized transfer contract may be canceled.
Vietnam: Is it possible to cancel a notarized land sale contract? If so, what is the procedure?
How to cancel a notarized land purchase contract in Vietnam?
Accordingly, Clause 2, Clause 3, Article 51 of the Law on Notarization 2014 of Vietnam stipulates:
Article 51. Notarization of the modification, supplementation or cancellation of contracts or transactions
…
2. The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.
3. Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.
Thus, in order to cancel the notarized land purchase and sale contract, the cancellation of the contract will be notarized with the procedure according to the law on notarization.
What are the order and procedures for canceling a notarized land purchase and sale contract in Vietnam?
Regarding the order and procedures for canceling notarized contracts, they are the same as the procedures for notarization of contracts specified in Article 40 of the Law on Notarization 2014 of Vietnam, specifically as follows:
Step 1: You submit a request to cancel the notarized contract to the notary office that notarized the contract earlier. The notary checks the documents in the notarized request file.
Documents to be submitted include:
- A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
- The draft contract or transaction;
- A copy of the personal identity paper of the notarization requester;
- A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
- Copies of other papers related to the contract or transaction as required by law.
In case there are grounds to believe that there are unknown problems in the dossier of notarization request, the conclusion of the contract shows signs of being threatened, or coerced, there is doubt about the civil act capacity of the notary requester or the subject of the contract or transaction has not been specifically described, the notary shall request the notary requester to do so. clearly or at the request of the notary requester, the notary conducts verification or requests an assessment; in case of failure to clarify, the right to refuse notarization.
In case there are provisions in the draft contract that violate the law, violate social morals, the subjects of the contract or transactions are not in accordance with the provisions of law, the notary must specify to the notary requester for repair. In case the notary requester fails to correct, the notary has the right to refuse the notarization.
Step 2: The notary requester himself reads the draft contract, transaction or notary reads it to the notary requester at the request of the notary requester
Step 3: The notary requester agrees to the entire content in the draft contract or transaction, then signs each page of the contract or transaction. The notary requires the notary requester to present the originals of the documents on file for comparison before recording the testimony, signing each page of the contract.
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