What is the latest form of land use right transfer authorization contract in Vietnam? What are the conditions for transferring land use rights?
- What is the latest form of land use right transfer authorization contract in Vietnam?
- What are the conditions for transferring land use rights in Vietnam?
- In the authorization contract for the transfer of land use rights in Vietnam, what are the responsibilities of the attorneys or the principals?
- What are the regulations on unilateral termination of performance of authorization contracts in Vietnam?
What is the latest form of land use right transfer authorization contract in Vietnam?
The current law does not stipulate the form of the contract of authorization for the transfer of land use rights. Below is a sample image of a land use right transfer contract (for reference only):
Download the latest land use right transfer authorization contract form in 2023: Click here.
What is the latest form of land use right transfer authorization contract in Vietnam? What are the conditions for transferring land use rights? (Image from the Internet)
What are the conditions for transferring land use rights in Vietnam?
Pursuant to Article 188 of the Land Law 2013 stipulates as follows:
Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:
a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.
2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.
Thus, according to the above provisions, the conditions for transferring land use rights are as follows:
- Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
- The land is dispute-free;
- The land use rights are not distrained to secure judgment enforcement;
- Within the land use term.
In the authorization contract for the transfer of land use rights in Vietnam, what are the responsibilities of the attorneys or the principals?
Pursuant to Article 565 of the 2015 Civil Code, the attorneys has the following responsibilities:
- Perform the act in accordance with the authorization and inform the principal of such performance.
- Notify any third parties involved in the performance of the authorized act of the duration and scope of the authorization and of any amendments of or additions to such scope.
- Take care of and preserve documents and facilities provided for the performance of the authorized act.
- Keep all information confidential which the attorney comes to know during the performance of the authorized act.
- Return to the principal any property received and benefits derived during the performance of the authorized act as agreed or as provided by law.
- Compensate for damage caused by a breach of any of the obligations provided in this Article.
Pursuant to Article 567 of the 2015 Civil Code, the obligation of principals are as follows:
- Provide the information, documentation and facilities necessary for the attorney to perform the authorized act.
- Be liable for undertakings given by the attorney within the scope of the authorization.
- Reimburse the attorney for reasonable expenses incurred by the attorney in the performance of the authorized act and pay any agreed remuneration to the attorney.
What are the regulations on unilateral termination of performance of authorization contracts in Vietnam?
Pursuant to Article 569 of the 2015 Civil Code, the unilateral termination of the performance of an authorization contract is as follows:
- 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.
- 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.
Accordingly, 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.
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