What is the form of authorization contracts to transfer real estate in 2022? What are the regulations on authorization for transferring real estate in Vietnam?
What are the regulations on authorization for transferring real estate in Vietnam?
Pursuant to the provisions of Article 562 of the 2015 Civil Code, specifically as follows:
"Article 562. Authorization contracts
Authorization contract means an agreement between parties whereby an attorney has the obligation to perform an act in the name of a principal. The principal shall only be required to pay remuneration if so agreed or so provided by law."
Accordingly, land users and house owners, when they do not transfer by themselves, can authorize others to perform the transfer of land use rights or transfer houses on their own behalf.
In fact, the authorization usually occurs when the person who has a house or land is abroad, working far away, ...
What is the form of authorization contracts to transfer real estate in 2022? What are the regulations on authorization for transferring real estate in Vietnam?
What are the notes of authorization for transferring real estate in Vietnam?
* Contract name
- In case the object of the contract is land, when written on the authorization contract, it will be written as an authorization contract for the transfer of land use rights.
+ In case the object of the contract is house, it will be written as an authorization contract for the transfer of house.
In case there are other wishes, the parties may agree on other terms. However, the agreement to add other terms must meet the condition that it is not against the law or social ethics.
* Documents that the authorizing party must provide to the authorized party
When wanting to authorize, in addition to the certificate, in order to carry out the notarization procedure of the transfer contract, the authorizing party must provide the authorized party with identification papers (ID card, citizen ID card), household registration book, marriage registration certificate (if married) or certificate of marital status if not married.
* Authorization contract is not required to notarize
In the Civil Code 2015 and the Law on Notarization 2014 there is no mandatory requirement to notarize the authorization contract. However, to ensure the legitimate rights and interests of the parties and avoid disputes, the parties should notarize the authorization contract.
* Unilateral termination of authorization
Article 569 of the 2015 Civil Code provides for unilateral termination of the authorization contract as follows:
"Article 569. Unilateral termination of performance of authorization contracts
1. Where an authorization involves payment of remuneration, the principal has the right, at any time, to terminate unilaterally the performance of the contract but must remunerate the attorney in proportion to the acts performed and compensate for damage. If the authorization does not involve payment of remuneration, the principal has the right, at any time, to terminate the performance of the contract, subject to giving reasonable prior notice to the attorney.
A principal must notify any third person in writing of the termination of the performance of the contract by the principal. If the principal fails to do so, any contract with any such third person shall remain in effect, unless such third person knows or should know of the termination of the performance of the contract.
2. Where an authorization does not involve payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract, subject to giving reasonable prior notice to the principal. If the authorization involves payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract and must compensate for any damage caused to the principal."
What is the form of authorization contracts to transfer real estate in Vietnam?
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