Is a transfer contract still valid without notarization in Vietnam? Does land lease require a notarized contract in Vietnam?

Is a transfer contract still valid without notarization in Vietnam?

I would like to ask, because the notary office in my locality is far away in the district, so can I do the authentication locally in the land transfer contract?

Reply:

Pursuant to Point a, Clause 3, Article 167 of the 2013 Land Law, regulations on the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital are as follows:

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;

Thus, according to the above regulations in Vietnam, for land use rights transfer contracts you can authenticate at the specific locality of the Commune People's Committee instead of having to go to the Notary District as you mentioned, this authentication issue does not affect its legal value.

Does land lease require a notarized contract in Vietnam?

Hello, my name is Nguyen Duc Trung. I have the following question and hope to receive a response from you. Specifically: I have a piece of land in my name on the land use rights certificate. I am planning to lease it to someone else to open a factory. Both parties have a lease contract. So please ask: Is a land lease contract required to be notarized or authenticated?

Reply:

According to the provisions of Point b, Clause 3, Article 167 of the 2013 Land Law, it is stipulated:

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

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;

Thus, the law does not require the parties to notarize or authenticate the land use rights lease contract. The parties can notarize or authenticate the contract or not. If not notarized or authenticated, the land use rights lease contract is still legally valid. But to avoid conflicts and ensure the rights of both sides, according to our personal opinion. The land lease should be made into a contract and notarized in Vietnam.

We respond to your information.

Is a transfer contract still valid without notarization in Vietnam? Does land lease require a notarized contract in Vietnam? (Image from the Internet)

Does an individual who mortgages land use rights have to have notarized contract in Vietnam?

Hello, my family lent a friend a sum of money to do business with a mortgage on land use rights. So please ask, can my family receive a mortgage of land use rights? If so, does the mortgage have to be notarized?

Reply:

Legal grounds:

The Civil Code 2015.

The 2013 Land Law.

A mortgage is a measure to ensure the performance of an obligation. One party will use its own assets to secure the performance of the obligation and will not hand over the assets to the other party.

According to regulations in Vietnam, land use rights are a property right, if they meet the conditions such as belonging to the use rights of the person entering into the secured transaction, the property is not in the process of dispute resolution, and ensures judgment enforcement or security to perform other obligations will be used to secure the performance of debt repayment obligations.

And in the 2013 Land Law, there is a regulation: Contracts for transfer, donation, mortgage, capital contribution with land use rights, land use rights and assets attached to land must be notarized or authenticated.

Thus, according to the above regulations in Vietnam, an individual has right to mortgage the land use rights of another individual. But receiving a mortgage must be done according to the provisions of law. According to this Article, the mortgage of land use rights and assets attached to land must be made into a notarized or authenticated contract. Therefore, the mortgagor and mortgagee of land use rights must go to a notary office to have the contract notarized according to regulations or to the commune-level People's Committee where the land is located to authenticate the contract.

We respond to your information.

Best regards!