If land use right is transferred without notarization, will the court accept the petition in Vietnam?

If land use right is transferred without notarization, will the court accept the petition in Vietnam?

Pursuant to Article 167 of the 2013 Land Law stipulating the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital as follows:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.

2. A group of land users sharing land use rights have the following rights and obligations:

a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.

In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;

b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.

In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.

3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

Thus, the notarization of contract on transfer of land use rights is mandatory in accordance with the provisions of the law, in other words, if the contracts are not notarized or certified, they are considered invalid.The court will not have enough grounds to accept the petition and settle the dispute in Vietnam.

What is time limit within which offer to enter into contracts on transfer of land use rights remains effective in Vietnam?

Pursuant to Article 388 of the 2015 Civil Code stipulating time limit within which offer to enter into contract remains effective is as follows:

1. The time limit within which an offer to enter into a contract remains effective shall be determined as follows:

a) Where an offeror has specified such time limit;

b) Where an offeror has not specified the time limit, the offer to enter into the contract is effective as from the time the offeree receives the offer.

2. The following cases shall be deemed to be receipt of an offer to enter into a contract:

a) The offer is delivered to the place of residence if the offeree is a natural person, or the offer is delivered to the head office if the offeree is a juridical person;

b) The offer is placed into the official information system of the offeree;

c) When the offeree knows about the offer to enter into a contract by way of other means.

Thus, the time when the proposal to enter into a contract takes effect is determined by the two parties. In the case of an offeror has not specified the time limit, the offer to enter into the contract is effective as from the time the offeree receives the offer in Vietnam.

Best Regards!