Is it possible to cancel a notarized contract in Vietnam? Can real estate mortgage contracts be notarized in another province in Vietnam?

Is it possible to cancel a notarized contract in Vietnam?

I sold a house in the countryside worth 700 million, I received from that person 20 million and made a notarized contract in my hometown. I have completed the procedure to transfer the name to the other person. However, then this person broke the debt and could not afford to buy a house anymore, so he did not want to continue to perform the contract. Could you please let me know if the notarized contract can be canceled in this case? What is procedure?

Reply:

According to the provisions of Article 51 of the Law on Notarization 2014, 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.

Thus, when a notarized house sale and purchase contract wants to cancel, the cancellation of the contract must be notarized on the basis of the cancellation agreement between you and the buyer, you cannot unilaterally cancel the contract. In case you cannot agree with the buyer on the cancellation of the contract, you can sue in court to ask the buyer to pay.

In case the other party agrees to cancel the signed house purchase contract, the procedure is as follows:

You submit a document requesting the notary to cancel the contract to the notary organization that has notarized the contract in Vietnam, the dossier includes:

- Notarization request form;

- Written agreement on the cancellation of the house purchase and sale contract between you and the home buyer;

- Notarized house sale and purchase contract;

- Copy of your ID.

Here is our consultation.

Can real estate mortgage contracts be notarized in another province in Vietnam?

I have a plot of land in Can Tho province, with full and legal papers. Currently, I am living in Ho Chi Minh City, due to the need to use capital, I want to mortgage that real estate for the bank. I have a little question whether the notarization of mortgage contracts can be done in Ho Chi Minh City?

Reply:

According to the provisions of Article 54 of the Law on Notarization 2014 on notarization of real estate mortgage contracts as follows:

1. Real estate mortgage contracts shall be notarized at a notarial practice organization located in the province or centrally run city where the real estate is located.

2. In case a real estate has been mortgaged to secure the performance of one obligation and the mortgage contract has been notarized but such real estate is then further mortgaged to secure the performance of another obligation as permitted by law, a subsequent mortgage contract shall be notarized at the notarial practice organization that has notarized the first mortgage contract. In case the notarial practice organization that conducted the notarization has terminated operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall notarize the subsequent mortgage contract.

According to the above regulations in Vietnam, notarization of real estate mortgage contracts must be done at a notarization practice organization based in the province or centrally run city where the real estate is located.

Therefore, in this case, you mortgage the land plot in Can Tho province, you must notarize the mortgage contract in Can Tho province, not to notarize the mortgage contract in Ho Chi Minh City.

Here is our consultation.

Is it possible to unilaterally terminate the authorization contract in Vietnam? 

May I ask, does my father authorize a lawyer to act on behalf of him to resolve complaints, denunciations and compensation claims about imprisonment that have been notarized by a notary public? Can I cancel the authorization and what can I cancel the authorization? (authorization without remuneration)

Reply:

Pursuant to Article 569 of the 2015 Civil Code, the specific case of unilateral termination of the performance of an authorization contract is as follows:

1. Where an authorization involves payment of remuneration, the principal has the right, at any time, to terminate unilaterally the performance of the contract but must remunerate the attorney in proportion to the acts performed and compensate for damage. If the authorization does not involve payment of remuneration, the principal has the right, at any time, to terminate the performance of the contract, subject to giving reasonable prior notice to the attorney.

A principal must notify any third person in writing of the termination of the performance of the contract by the principal. If the principal fails to do so, any contract with any such third person shall remain in effect, unless such third person knows or should know of the termination of the performance of the contract.

2. Where an authorization does not involve payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract, subject to giving reasonable prior notice to the principal. If the authorization involves payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract and must compensate for any damage caused to the principal.

Thus, based on the provisions of the law in this case in Vietnam, because your case is an authorization without remuneration, your father has the right to terminate the performance of the contract at any time, but must notify the party in advance within a reasonable time.

On the other hand, based on the Law on Notarization 2014 according to that:

In order to carry out the procedure to cancel the authorization contract in this case, your father needs to contact the notarial practice organization that has notarized the previous authorization contract to carry out the procedure to cancel the authorization contract in accordance with the provisions of law. 

Best regards!