What types of housing contracts are not required to be notarized or authenticated in Vietnam?
What types of housing contracts are not required to be notarized or authenticated in Vietnam? - Mr. Phong (Ha Noi)
Which agencies shall settle dispute about housing contracts in Vietnam?
Pursuant to Article 177 of the Law on Housing in 2014 stipulating solutions to dispute about housing as follows:
Solutions to dispute about housing
1. The State encourages parties in solving dispute about housing through conciliation.
2. The dispute about the homeownership, right to enjoyment of housing under ownership of organizations or individuals, the dispute about agreements on housing, management of apartment building shall be settled by the People’s Court as prescribed.
3. The dispute about management and use of state-owned houses shall be settled by People's Committees of provinces if that houses are under management of local governments, the Ministry of Construction shall settle houses under management of central governments; in case any organization or individual does not agree with the decision made by the People’s Committee of the province or the Ministry of Construction, they have rights to file a lawsuit at the People’s Court as prescribed in law on administrative procedural.
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As regulations above, the People’s Court shall settle dispute about housing contracts in Vietnam.
What types of housing contracts are not required to be notarized or authenticated in Vietnam? - Source: Internet
What are contents of housing contracts in Vietnam?
Pursuant to Article 121 of the Law on Housing in 2014 stipulating contents of housing contracts in Vietnam as follows:
A housing agreement shall be concluded by contracting parties and made in writing, including:
- Full names of individuals, names of organizations and addresses of contracting parties;
- Description of characteristics of the house and the piece of land attached to that house.
Regarding agreements on apartment sale or lease purchase, contracting parties must state following contents:
+ The common areas or common-using areas;
+ Private areas;
+ Floor area;
+ Purposes of the common areas or common-using areas in the apartment building according to approved design;
- The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations;
- Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase or transfer of agreements on housing sale;
- Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
- Rights and obligations of contracting parties;
- Commitments of contracting parties;
- Other agreements;
- Effective date of the agreement;
- Date of agreement;
- Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.
What types of housing contracts are not required to be notarized or authenticated in Vietnam?
Pursuant to Clause 2 Article 122 of the Law on Housing in 2014 stipulating notarization and authentication of agreements and effective date of housing agreements in Vietnam as follows:
Notarization and authentication of agreements and effective date of housing agreements
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.
As regulations above, following types of housing contracts are not required to be notarized or authenticated in Vietnam:
- 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.
Note:
For the housing contracts mentioned above, the effective date of the contract is agreed upon by the parties; in case the parties do not have an agreement, the effective date of the contract is the date of signing the contract.
The parties may notarize or authenticate the contract if they so wish.
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