2. Judgment
  3. Collection of first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam
11/11/2024 09:40

Collection of first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam

Collection of first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam

Is a handwritten land use rights transfer contract valid according to the law in Vietnam? What are first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam?

1. Is a handwritten land use rights transfer contract valid according to the law in Vietnam?

Pursuant to point a, clause 1, Article 27 of the Land Law 2024 on the notarization, authentication of contracts, documents exercising the rights of land users:

Article 27. Rights to exchange, transfer, lease, sub-lease, inherit, donate land use rights; mortgage, contribute capital with land use rights

…

3. The notarization, authentication of contracts, documents exercising the rights of land users is carried out as follows:

a) Contracts for transfer, donation, mortgage, and capital contribution of land use rights, land use rights and assets attached to land must be notarized or authenticated, except for the cases specified at point b of this clause;

…

Clause 2, Article 129 of the Civil Code 2015 stipulates that contracts that do not comply with the form regulations but are still recognized by the Court as effective. To be specific:

Article 129. Civil transactions invalid due to non-compliance with form regulations

A civil transaction that violates the condition of being effective in terms of form is invalid, except for the following cases:

…

2. A civil transaction is established in writing but violates the mandatory notarization, authentication regulation, and one or the other parties have performed at least two-thirds of the transaction's obligations. Upon the request of one or the other parties, the Court will issue a decision recognizing the effectiveness of the transaction. In this case, the parties do not have to perform notarization, authentication.

Thus, a handwritten land use right transfer contract must be notarized or authenticated to be valid, except where one or both parties engaging in the transaction are real estate business organizations.

However, in the event the contract violates the mandatory notarization, authentication regulation but one or both parties have performed at least two-thirds of the contractual obligations, the Court may still decide to recognize the effectiveness of the contract upon request.

2. What are first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam?

Below is a compilation of several first instance judgments on disputes over invalid land use rights transfer contracts in Vietnam:

No. Judgement Name Date Issued Court
1 Judgement 24/2023/DS-ST on the request to declare the land use right transfer contract invalid August 15, 2023 People's Court of Vinh Yen City, Vinh Phuc Province
2 Judgement 82/2023/DS-ST on civil dispute over a partly invalid land use right transfer contract July 14, 2023 People's Court of Chau Thanh District, Tay Ninh Province
3 Judgement 07/2023/DS-ST on the request to declare the deposit contract for land use right transfer invalid July 12, 2023 People's Court of Yen Dinh District, Thanh Hoa Province
4 Judgement 12/2023/DS-ST on the dispute requesting declaration of invalid land use right transfer contract and recovering land use rights March 31, 2023 People's Court of Soc Trang Province
5 Judgement 50/2022/DS-ST on the dispute over the loan agreement and request for invalid land use right transfer contract September 15, 2022 People's Court of Mo Cay Bac District, Ben Tre Province
6 Judgement 25/2022/DS-ST on the dispute requesting declaration of invalid land use right transfer contract September 7, 2022 People's Court of district-level town Tan Chau, An Giang Province
7 Judgement 118/2022/DS-ST on the dispute requesting declaration of invalid land use right transfer contract; dispute over loan agreement August 17, 2022 People's Court of Long Xuyen City, An Giang Province
8 Judgement 06/2022/DS-ST on the request to declare the power of attorney contract and land use right transfer contract invalid August 16, 2022 People's Court of Chau Duc District, Ba Ria - Vung Tau Province
9 Judgement 85/2022/DS-ST on the request to declare the land use right transfer contract invalid; resolving nullified contract consequences July 28, 2022 People's Court of Chau Thanh District, Tay Ninh Province
10 Judgement 04/2022/DS-ST on the request to declare the land use right transfer contract invalid July 22, 2022 People's Court of Ha Tinh City, Ha Tinh Province
11 Judgement 17/2022/DS-ST on the request to declare the land use right transfer contract invalid July 18, 2022 People's Court of Lang Son City, Lang Son Province
12 Judgement 02/2022/DS-ST on the request to declare the land use right transfer contract invalid June 9, 2022 People's Court of KS District, Khanh Hoa Province
13 Judgement 24/2022/DS-ST on the request to declare the land use right transfer contract invalid May 26, 2022 People's Court of Lam Dong Province
14 Judgement 06/2022/DS-ST on the dispute regarding the resolution of consequences of the invalid land use right transfer contract May 9, 2022 People's Court of Krong Bong District, Dak Lak Province
15 Judgement 09/2022/DS-ST on the request to declare the land use right transfer contract invalid and request to resolve consequences April 22, 2022 People's Court of Vinh Cuu District, Dong Nai Province
16 Judgement 18/2022/DS-ST on the dispute requesting declaration of invalid land use right transfer contract April 18, 2022 People's Court of Long Thanh District, Dong Nai Province
17 Judgement 162/2022/DS-ST on the dispute requesting declaration of invalid land use right transfer contract March 28, 2022 People's Court of district-level town Hoai Nhon, Binh Dinh Province
18 Judgement 10/2022/DS-ST on the dispute requesting declaration of invalid land use right transfer contract February 17, 2022 People's Court of Chau Thanh District, Tay Ninh Province
19 Judgement 04/2022/DS-ST on disputes related to the request to declare the land use right transfer contract invalid January 21, 2022 People's Court of DL District, Binh Thuan Province
20 Judgement 14/2022/DS-ST on the dispute declaring the invalid land use right transfer contract January 20, 2022 People's Court of Dong Da District, Hanoi City
21 Judgement 42/2021/DS-ST on the dispute regarding the request to declare the land use right transfer contract invalid December 23, 2021 People's Court of district-level town A, Gia Lai Province
22 Judgement 27/2021/DS-ST on the dispute requesting declaration of invalid land use right transfer contract November 23, 2021 People's Court of D District, Gia Lai Province
23 Judgement 03/2021/DS-ST on the request to declare the land use right transfer contract invalid and deal with the consequences of the invalid transaction September 1, 2021 People's Court of district-level town Ayun Pa, Gia Lai Province
24 Judgement 04/2022/DS-ST on disputes related to the request to declare the land use right transfer contract invalid January 21, 2022 People's Court of DL District, Binh Thuan Province
25 Judgement 10/2022/DS-ST on the declaration of the land use right transfer contract invalid June 15, 2021 People's Court of Minh Hoa District, Quang Binh Province
26 Judgement 32/2021/DS-ST on the dispute over the credit contract and request to declare the land use right transfer contract invalid April 26, 2021 People's Court of Buon Ma Thuot City, Dak Lak Province
27 Judgement 02/2021/DS-ST on the dispute over the loan agreement and declaration of the invalid land use right transfer contract March 12, 2021 People's Court of Song Cong City, Thai Nguyen Province
28 Judgement 11/2019/DS-ST on the dispute requesting declaration of invalid land use right transfer contract June 10, 2019 People's Court of Long Dien District, Ba Ria - Vung Tau Province
29 Judgement 01/2019/DS-ST on the request to declare the land use right transfer contract invalid May 10, 2019 People's Court of Hung Ha District, Thai Binh Province
30 Judgement 09/2018/DS-ST on the dispute over an invalid land use right transfer contract October 10, 2018 People's Court of Thach Thanh District, Thanh Hoa Province
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
  • - Articles may be compiled from a variety of sources;
  • - Applicable Terms may have expired at the time you are reading;
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