30/11/2022 08:21

Collection of judgments on invalid contracts on transfer of land use rights due to their forms in Vietnam

Collection of judgments on invalid contracts on transfer of land use rights due to their forms in Vietnam

I made a handwritten document to transfer the land use right to my cousin. Therefore, I would like to know more about the law regarding this matter? “Ngoc Lan - Ha Nam, Vietnam”

Lawnet would like to answer your questions as follows:

1. Forms of contracts on transfer of land use rights

According to Clause 1, Article 502 of Vietnam's Civil Code 2015, "Contracts relating to land use rights must be made in writing in the form consistent with the provisions of this Code, the law on land and other provisions of relevant laws.”.

According to Point a, Clause 3, Article 167 of the Land Law 2013, contracts on transfer of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified

Thus, the form of the land use right transfer contract is one of the valid conditions of this contract. Therefore, the transfer of land use rights must be made in writing according to regulations and certified by a notary practice organization or certified at the commune-level People's Committee.

2. Some judgments on forms of contracts on transfer of land use rights

Judgment 30/2019/DS-ST dated October 11, 2019 on a land use right transfer contract dispute

+ Level of trial: First instance

+ Judicial body: Dak Song District People's Court, Dak Nong Province

+ From the content: "Although the transfer contract's object is the land that has been issued with a certificate of land use rights, the contract for the transfer of land use rights between Mr. Huynh Phuoc H is not made in accordance with the form and is not notarized or authenticated. This violates the conditions on the form of the contract specified at Point a, Clause 3, Article 167 of the Land Law; Clause 1, Article 124; and Article 689 of the Civil Code."

Judgment 02/2018/DS-ST dated January 31, 2018 on the dispute over the land use right transfer contract

+ Level of trial: First instance

+ Judicial body: Long Thanh District People's Court, Dong Nai Province

+ Quote from the content: "The contract for the transfer of land use rights (a commitment to sell land) between Mr. Tran Van B and Ms. Nguyen Thi N was not notarized or authenticated by a competent state agency. When a dispute arose, Mr. B filed a lawsuit at the court. On September 5, 2017, the People's Court of Long Thanh District issued Decision No. 383/2017/QD-TA on forcing the parties to perform the form of the contract, but by the specified time limit, the parties did not comply with the decision. This violates Article 134 and Clause 2 of Article 689 of the Civil Code 2005."

Judgment 288/2017/DS-PT dated 23/11/2017 on the dispute over the land use right transfer contract

+ Level of trial: Appellate

+ Judicial body: People's Court of Ben Tre province

+ Quoting the content: "Points a and d Clause 3 Article 167 of the 2013 Land Law stipulates: "The contract for the transfer of land use rights and assets attached to the land must be notarized or authenticated. The notarization shall be carried out at notarial practice organizations, the authentication shall be carried out at the People's Committee of the commune." Considering that, the land use right transfer contract dated June 9, 2016 was made in writing, but the contract was not notarized or authenticated, which did not comply with the order and procedures for the transfer of land use rights."

Judgment 29/2019/DS-ST dated October 22, 2019 on the land use right transfer contract dispute

+ Level of trial: First instance

+ Judicial body: People's Court of town A, Gia Lai province

+ Quoting the content: the "Land transfer document" made on April 30, 2013 by Mr. Dang C and Mr. Pham Van T, Ms. Nguyen Thi N, they only made handwritten papers together, not notarized or authenticated, in accordance with Clause 1, Article 127 of the Land Law 2003 and Clause 2, Article 689 of the Civil Code 2005.Thus, according to the provisions of Articles 127 and 134 of the Civil Code 2005, the civil transactions of Mr. C and Mr. Pham Van T and Ms. Nguyen Thi N made on April 30, 2013 are invalid."

Best regards!

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nhu Y
26


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