Do parents need to notarize a contract to give a house to their children in Vietnam?

Do parents need to notarize a contract to give a house to their children in Vietnam?

My wife and I own two houses. My son is getting married soon and is moving out to live on his own. My wife and I want to give him a house. Can you tell me if I need to have a notarized contract to give my son a house? Thank you!

Answer:

Pursuant to Article 122 of the Law on Housing in 2014 stipulating as follows:

1. Regarding agreements on housing sale, giving, exchange, capital contribution, mortgage, or transfer of agreement on commercial housing sale, it is required to notarize or authenticate the agreement, except for cases prescribed in Clause 2 of this Article.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be the date on which the agreement is notarized or authenticated.

2. Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.

3. The documents on housing inheritance must be notarized or authenticated as prescribed in law on civil.

4. The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.

According to the regulations above, in the case of a gift of a house, a gift contract must be established and notarized and authenticated. Even if you give a house to your child, you must also make a gift contract and have it notarized and authenticated. The effectiveness of the contract is the time of notarization and authentication of the contract. When performing the authentication of the gift contract, your child can only proceed with the procedures for changing the name on the certificate of ownership.

Do parents need to notarize a contract to give a house to their children in Vietnam? - Source: Internet

Is it necessary to give prior notice when unilaterally terminating agreements on housing management authorization in Vietnam?

I have a question: Is it necessary to give prior notice when unilaterally terminating agreements on housing management authorization in Vietnam? Thank you!

Answer:

Pursuant to Clause 1 Article 158 of the Law on Housing in 2014, the authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:

- If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement provided that he/she pays the authorized grantee the remuneration for the task performed by the grantee and the compensation;

- If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.

Therefore, only in the case of a management-free agency relationship, the authorized party must notify in advance when unilaterally terminating the contract. In the case of an agency without costs, it is not necessary to notify in advance, but it must pay the management costs and compensate for damages to the other party.

In which cases can the party who is authorized to manage the house unilaterally terminate the agreement in Vietnam?

Hello Lawnet. I would like to ask the following question: In which cases can the authorized party to manage a house unilaterally terminate the contract of agency? Is there any legal document that addresses this issue?

Answer:

Pursuant to Clause 2 Article 158 of the Law on Housing in 2014, the authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:

- If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement but he/she must pays compensation to the authorized grantee (if any);

- If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.

The above is the answer to the question of the cases in which the authorized party to manage a house can unilaterally terminate the contract of agency. You can refer to more information on this issue in the 2014 Law on Housing.

Best regards!