Which authority has the power to authenticate the contracts for the transfer of land use rights in Vietnam? What is the purpose of authentication of contracts?
What is the purpose of authentication of the contract for the transfer of land use rights in Vietnam?
According to Article 2 of Decree 23/2015/ND-CP on authentication of contracts:
Interpretation of terms
In this Decree, the terms below are interpreted as follows:
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. “Authentication of contracts” means competent agencies as defined hereof shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
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Additionally, according to the provisions of Article 3 of Decree 23/2015/ND-CP:
Legal value of copies issued from master registers, copies certified as true from originals, authenticated signatures and contracts;
1. Copies issued from master registers have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;
2. Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law;
3. Authenticated signatures under this Decree have legal value in determining signer and his/her liabilities for the paper, document signed.
4. Authenticated contract under this Decree has legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.
The authentication of a contract in general and a contract for the transfer of land use rights, in particular, is considered evidence of the time and venue where the contract is executed.
It also serves as evidence proving the civil capacity, willingness, signatures or append fingerprints of parties involved in the contract for the transfer of land use rights.
Which authority has the power to authenticate the contracts for the transfer of land use rights in Vietnam? What is the purpose of authentication of contracts?
Which authority has the power to authenticate the contracts for the transfer of land use rights in Vietnam?
Under Article 5 of Decree 23/2015/ND-CP:
Authorities and responsibilities for authentication
1. The Justice offices of provincial-affiliated districts and cities (hereinafter referred to as the Justice Office) shall:
a) Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.
b) Authenticate signatures on papers and documents;
c) Authenticate signatures of translators with respect to papers and documents translated from foreign language to Vietnamese or vice versa;
d) Authenticate contracts concerning properties as movables;
dd) Authenticate agreements for division of heritage, written admission of heritage as movables;
Heads, deputy heads of the Justice Office shall carry out authentication for the aforesaid matters as regulated in this Clause, sign their names and affix seals.
2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:
a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;
b) Authenticate signatures on papers and documents except signatures of translators;
c) Authenticate contracts concerning properties as movables;
b) Authenticate contracts concerning land use right according to the Law on Land;
dd) Authenticate contracts concerning houses according to the Law on Housing;
e) Authenticate testaments;
g) Authenticate written refusal of heritage;
h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;
Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;
3. Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries (hereinafter referred to as the representative agency) have authorities and responsibilities for authenticating the matters as defined in Points a, b and c of this Clause. Diplomats, consuls shall carry out authentication, sign names and affix seals;
4. Notaries have authorities and responsibilities for authenticating the matters as defined in Points a, Clause 1, Point b, Clause 2 of this Article, signing names and affixing seals of the Notary Office.
5. Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, authentication of testament as defined in this Article shall not be dependent on residency of requesters for authentication.
6. Authentication of contracts concerning land use rights shall be performed at the People’s Committee of commune where the land is. Authentication of contracts concerning houses shall be performed at the People’s Committee of commune where the house is situated;
The People's Committee of the commune where the land is located shall authenticate the contracts for the transfer of land use rights in Vietnam.
What are the required documents for the authentication of the contract for the transfer of land use rights in Vietnam?
Under Article 36 of Decree 23/2015/ND-CP:
Procedures for authentication of contracts
1. Requesters must submit request documentation for authentication which consists of the following papers:
a) Draft contracts;
b) Copies of valid ID card or passport;
c) Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract except a testator’s life is under threat.
Copies of papers, documents as defined in Points b, c of this Clause must be enclosed for comparison.
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Referring to this regulation, the required documents for the authentication of the contract for the transfer of land use rights in Vietnam include:
- Draft contract for the transfer of land use rights;
- Copy of the valid ID card or passport;
- Copies of certificates of ownership or use rights or other documents with respect to properties mentioned in the contract except a testator’s life is under threat.
Note: Except for the draft contract for the transfer of land use rights, other document copies must be presented with their originals for comparison.
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