What are the regulations on the notarization and certification of contracts on land use rights under the Law on Land 2024?
What are the regulations on the notarization and certification of contracts on land use rights in Vietnam?
To ensure legality and minimize risks for transaction participants, especially transactions on land use rights, such contracts must be notarized and certificated upon conclusion as specified.
In Clause 3, Article 27 of the Law on Land 2024, there are instructions for the notarization and certification of contracts on land use rights as follows :
Contracts and documents on land use rights must be notarized and certificated
Contracts for transfer of land use rights or LURs or rights to use land and real property thereon,
Contracts for donation of land use rights or LURs or rights to use land and real property thereon,
Contracts for mortgage of land use rights or LURs or rights to use land and real property thereon,
Contracts for capital contribution by land use rights or LURs or rights to use land and real property thereon.
Documents on inheritance of land use rights, LURs or rights to use land and real property thereon are notarized or certificated under the Civil Code;
Contracts on land use rights are not required to be notarized or certificated
Contracts on lease or sublease of LURs or rights to use land and real property thereon, contracts on exchange of agricultural LURs; contracts on transfer and capital contribution with LURs or rights to use land and real property thereon and property affixed to the land in which one party or all parties involved in transactions is/are a real estate business organization(s) must be notarized or certified at the request of the parties
The notarization and certification shall comply with the provisions of the law on notarization and certification.
In 2024, what are the procedures for notarization of contracts in Vietnam?
For ready-made contracts
Under the provisions of Article 40 of the Notarization Law 2014, the procedures for notarization of ready-made contracts are as follows:
Step 1:
A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
Step 2:
Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
- When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described:
A notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment;
If the matters cannot be clarified, the notary has the right to refuse to notarize.
Step 3:
A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is in compliance with law, he/she shall point them out for the notarization requester to modify.
If the notarization requester fails to modify, the notary has the right to refuse to notarize.
Step 4:
The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
Step 5:
If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft.
The notary shall request the notarization requester to produce the originals of the papers for comparison before writing testimonies and signing every page of the contract or transaction.
For contracts drafted by notaries at the request of notarization requesters
Under the provisions of Article 41 of the Notarization Law 2014, the procedures for notarization of contracts drafted by notaries at the request of notarization requesters are as follows:
Step 1:
A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
Step 2:
Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
- When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described:
A notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment;
If the matters cannot be clarified, the notary has the right to refuse to notarize.
When the contents of, and the intention of concluding, the contract or transaction are true, lawful and consistent with social ethics, the notary shall draft the contract or transaction.
Step 3:
The notarization requester shall himself/herself read the draft contract or transaction or the notary shall read it for him/her. If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers for comparison before writing testimonies and signing every page of the contract or transaction.
On what date does the Law on Land 2024 come into force?
Under the provisions of Article 252 of the Law on Land 2024 as follows:
Effect
1. This Law comes into force from January 01, 2025, except for the cases specified in Clauses 2 and 3 of this Article.
2. Articles 190 and 248 of this Law come into force from April 1, 2024.
3. The formulation and approval of land use plannings shall continue to comply with the provisions of Resolution No. 61/2022/QH15 dated June 16, 6 of the National Assembly on continuing to increase, enhance the effectiveness of the implementation of policies and laws on planning and a number of solutions to remove difficulties, obstacles, accelerate the progress of formulation and improve the quality of planning in the period of 2021 - 2030.
Clause 9, Article 60 of this Law comes into force from the effective date of Resolution No. 61/2022/QH15.
4. The Law on Land No. 45/2013/QH13 amended and supplemented by Law No. 35/2018/QH14 (hereinafter referred to as the Law on Land No. 45/2013/QH13) expires from the effective date of this Law.
Thus, the Law on Land 2024 will come into force from January 1, 2025. However, Articles 190 and 248 of the Law on Land 2024 come into force from April 1, 2024.
Recently, with the desire to bring the Land Law 2024 to life sooner than planned, on March 26, 2024, the Prime Minister of Vietnam issued Official Dispatch 202/TTg-NN to propose the National Assembly of Vietnam to allow the Law on Land 2024 effective from July 1, 2024.
Thư Viện Pháp Luật