What are included in the dossier requesting notarization of ready-made land sale-purchase contracts in 2023 in Vietnam?

What are conditions for leasing and purchasing land in Vietnam?

Pursuant to Article 188 of the Law on Land in 2013 stipulating conditions for the exercise of the rights to exchange land use rights as follows:

Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

...

As regulations above, conditions for leasing and purchasing land in Vietnam are as follows:

- Having the certificate, except 2 following cases:

+ All heirs to the right to use land, ownership of houses, and other properties attached to the land are foreigners or Vietnamese citizens residing abroad who are not eligible to purchase houses attached to land use rights in Vietnam.

+ The person who receives the inheritance of the right to use land has met the conditions for granting a Certificate of Ownership of Land, Ownership of Houses and Other Properties attached to the Land (not yet required to have a book).

- The land is dispute-free;

- The land use rights are not distrained to secure judgment enforcement;

- Within the land use term.

What are included in the dossier requesting notarization of ready-made land sale-purchase contracts in 2023 in Vietnam? - Source: Internet

Is it compulsory to notarize land sale-purchase contracts in Vietnam?

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

The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital

...

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.

As regulations above, real estate purchase contracts must be notarized or authenticated according to regulations, except for cases of transfer of land use rights, land use rights and attached properties, attached properties that one or both parties to the transaction are business organizations operating in real estate. is notarized or authenticated at the request of the parties.

What are included in the dossier requesting notarization of ready-made land sale-purchase contracts in 2023 in Vietnam?

Pursuant to Clause 1 Article 40 of the Law on Notarization in 2014, a notarization request dossier shall be made in one set, comprising:

- A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;

- The draft contract or transaction;

- A copy of the personal identity paper of the notarization requester;

- A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;

- Copies of other papers related to the contract or transaction as required by law.

Best regards!