Do transfers of land use rights of households in Vietnam need to be signed by children who are residing abroad?
Do transfers of land use rights of households in Vietnam need to be signed by children who are residing abroad? Is it possible to notarize real estate transfer contracts in Vietnam abroad?
Land use rights are granted to households including husband and wife and children. At the time of issuance of the land use right certificate, my children are listed in the household registration book but are under the age of majority. Currently, my children are old enough, I want to transfer the land use rights but I have a son who is residing abroad. So, when I transfer the land use right, do my son who lives abroad have to sign? Is it possible to notarize real estate transfer contracts in Vietnam abroad?
Thankyou.
Do transfers of land use rights of households in Vietnam need to be signed by children who are residing abroad?
Pursuant to Article 64 of Decree 43/2014/ND-CP on contracts and transaction documents on land use rights and ownership of land-attached assets, according to which:
1. Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.
2. Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.
According to the above regulations, when you transfer the land use rights in Vietnam under land-attached assets of household, it must be agreed by all members, including your son who is abroad.
Is it possible to notarize real estate transfer contracts in Vietnam abroad?
According to Article 78 of the Law on Notary 2014 on notarization by overseas representative missions of the Socialist Republic of Vietnam, specifically as follows:
1. Overseas diplomatic missions and consulates of the Socialist Republic of Vietnam may notarize testaments, written disclaimers of estate, letters of authorization and other contracts and transactions in accordance with this Law and consular and diplomatic regulations, excluding contracts on purchase and sale, conversion, transfer, donation, lease, mortgage or contribution of real estate as capital in Vietnam.
2. Consuls or diplomats assigned to conduct notarization must possess a bachelor of law degree or have received professional re-training in notarization.
3. Consuls or diplomats who conduct notarization according to the procedures specified in Chapter V of this Law have the rights provided at Points c, d and dd, Clause 1, and the obligations specified at Points a, c, d and dd, Clause 2, Article 17 of this Law.
As such, your child cannot go to a consulate of the Socialist Republic of Vietnam to notarize real estate transfer contracts in Vietnam.
Best Regards!
