Can a notarized land use transfer contract in Vietnam be canceled?

Can a notarized land use transfer contract in Vietnam be canceled?

Pursuant to Article 51 of the Law on Notarization in 2014 stipulating notarization of the modification, supplementation or cancellation of contracts or transactions as follows:

1. The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.

2. The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.

3. Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.

Therefore, according to the above regulations, a contract that has been notarized can still be canceled if there is an agreement and commitment in writing by all participants in the contract.

If you want to cancel the notarized land use transfer contract between you and Mr. M, you must have the agreement and commitment in writing of both parties. The cancellation of the land use transfer contract must be carried out at the notary office where the two of you notarized the contract.

Can a notarized land use transfer contract in Vietnam be canceled? - Source: Internet

Can a notarized document with errors in Vietnam be corrected?

Pursuant to Article 50 of the Law on Notarization in 2014 stipulating correction of technical errors in notarized documents as follows:

1. Technical errors include recording, typing or printing mistakes in notarized documents the correction of which does not affect the rights and obligations of parties to contracts or transactions.

2. Technical errors in notarized documents shall be corrected at a notarial practice organization that has conducted the notarization. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, the notarial practice organization that is keeping the notarial records shall correct technical errors.

3. A notary who corrects technical errors shall match each error against papers in the notarial records, underline the errors to be corrected, write the correct words, marks or numbers on the page margin, then sign and append the seal of the notarial practice organization. The notary shall notify the correction of technical errors to the parties to the contract or transaction.

Therefore, the law currently only stipulates that if a notarized document contains errors in the recording, typing, or printing, and the correction does not affect the rights and obligations of the parties to the contract, it can be corrected. However, if the correction affects the rights and obligations of the parties to the contract, the notarized document with errors cannot be corrected.

What is legal validity of notarized documents in Vietnam?

Pursuant to Article 5 of the Law on Notarization in 2014 stipulating the legal validity of notarized documents in Vietnam as follows:

1. A notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it.

2. A notarized contract or transaction is binding on related parties; in case an obliged party fails to perform its/his/her obligations, the other party may request a court to settle the case in accordance with law, unless otherwise agreed upon by related parties.

3. Notarized contracts and transactions may be used as evidence; details and circumstances of notarized contracts or transactions are not required to be proven, unless such contracts or transactions are declared to be invalid by courts.

4. Notarized translations are valid for use as their translated papers or documents.

Above are regulations on legal validity of notarized documents in Vietnam.

Best regards!