What is a handwritten land purchase and sale agreement in Vietnam? Is it legal to purchase and sell houses and land with a handwritten agreement in Vietnam?
What is a handwritten land purchase and sale agreement in Vietnam?
In the common sense, a handwritten land purchase and sale agreement refers to the transfer of land use rights or the transfer of land use rights and assets attached to the land by agreements without notarization or authentication.
People often understand that a handwritten land purchase and sale agreement is a form of real estate purchase and sale contract. After the two parties agree on the basis of voluntary purchase and sale, the two parties will sign a purchase and sale contract.
A contract written in the form of a handwritten real estate sale and purchase agreement will not be recognized by the Government of Vietnam and the law, but only by the agreement of the parties for this purchase and sale.
What is a handwritten land purchase and sale agreement? Is it legal to purchase and sell houses and land with a handwritten agreement in Vietnam?
Is it legal to purchase and sell houses and land with a handwritten agreement in Vietnam?
In Clause 54, Article 2 of Decree 01/2017/ND-CP (amending and supplementing Clause 1, Article 82 of Decree 43/2014/ND-CP) the following provisions are made:
Article 2. Amending and supplementing a number of articles of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law
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54. To amend and supplement Clause 1, Article 82 as follows:
"54. Section 1 of Article 82 is amended as follows:
“1. A user of a land parcel that has not been certified, if using such land parcel under a following circumstance but not in an event defined in Section 2 of this Article, shall apply for land registration and for initial certification of land use right with or without ownership of house and properties attached to land as per the Land Law and this Decree without undergoing the procedure for transfer of land use right. In addition, the agency taking in the application cannot request the transferee of land use right to submit the contract and documents on land use right transfer as per the laws:
a) The land parcel was acquired through transfer or donation of land use right before 01st January 2008;
b) The land parcel was acquired through transfer or donation of land use right from 01st January 2008 to a date before 01st July 2014 and the documents on land use right pursuant to Article 100 of the Land Law and Article 18 of this Decree is are available;
c) The land parcel was acquired through inheritance of land use right before 01st July 2014.”
Accordingly, from July 1, 2014 until now, a contract of transfer, donation, mortgage, capital contribution with land use rights, land use rights and properties attached to land must be notarized and authenticated. If the contract is not notarized or authenticated, the contract will become void.
If the contract on transfer of land use rights (only land) is not notarized or authenticated when performing a contract on transfer of land use rights, but the parties have performed at least 2/3 of the contract's obligations, the court shall issue a decision to recognize the effectiveness of the contract. force of that contract (Clause 2, Article 129 of the Civil Code 2015)
Accordingly, there are 2 cases of buying and selling houses and land with legally effective handwritten land purchase and sale agreements:
+ The transfer contract is only effective when it takes place before July 1, 2014.
+ The parties have performed at least 2/3 of the contract's obligations when performing the land use right transfer contract (land only).
What is the regulation on general rights of land users in Vietnam?
As for the general rights of land users, Article 166 of the Land Law 2013 specifically provides as follows:
"Article 166. General rights of land users
1. To be granted the certificate of land use rights, houses and other land-related assets ownership.
2. To enjoy the results of the labor and investment on land.
3. To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.
4. To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.
5. To be protected by the State against others’ infringements of their lawful rights and benefits related to land.
6. To receive compensation when land is expropriated by the State in accordance with this Law.
7. To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law."
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