Procedure for Notarizing Housing and Land Sales Contracts
*Legal Basis:
- Article 188 of the Land Law 2013.
- Law on Notarization 2014;
- Clause 2 Article 4 of Circular 257/2016/TT-BTC;
*Conditions for Land Use Rights Transfer:
- Must have a Certificate of Land Use Rights, except for cases stipulated in Clause 3, Article 186 and cases of inheritance stipulated in Clause 1, Article 168 of the Land Law 2013;
- The land must not be in dispute;
- The land use rights must not be seized to ensure judgment enforcement;
- Must be within the land use term.
*Documents for Notarization of House and Land Purchase and Sale Contracts:
- Notarization request form (available at the notary office);
- House and land sale contract (Land Use Rights) (if any);
- Identification card or identity papers of the notarization requestor, the parties in the contract, co-owners of the Land Use Rights;
- Death certificate (if a co-owner of the Land Use Rights has passed away);
- Power of attorney (in case of notarization by proxy);
- Marriage certificate (if married) or Certificate of Single Status;
- Certificate of Land Use Rights;
- Certification of no dispute from the commune-level People’s Committee.
*Implementation Methods:
=> The notarization requestor can go directly to the notary office. If the notarization requestor is in cases of notarization outside the notary office, the notarization will be conducted outside the notary office;
*Competent Authority:
- The notary office/organization in the place where the Land Use Rights are located (at the provincial level).
*Processing Time:
The notarization period shall not exceed 2 working days; for contracts and transactions with complicated contents, the notarization period may be extended but shall not exceed 10 working days.
*Notarization Fees:
- The notarization fee for house and land sale contracts is determined based on the value of the property or the contract. The fee is determined as follows:
| No. | Value of Property or Contract, Transaction | Fee (VND/case) |
|---|---|---|
| 1 | Under VND 50 million | VND 50 thousand |
| 2 | From VND 50 million to VND 100 million | VND 100 thousand |
| 3 | Over VND 100 million to VND 1 billion | 0.1% of the property value or contract, transaction value |
| 4 | Over VND 1 billion to VND 3 billion | VND 1 million + 0.06% of the value of the property or contract, transaction exceeding VND 1 billion |
| 5 | Over VND 3 billion to VND 5 billion | VND 2.2 million + 0.05% of the value of the property or contract, transaction exceeding VND 3 billion |
| 6 | Over VND 5 billion to VND 10 billion | VND 3.2 million + 0.04% of the value of the property or contract, transaction exceeding VND 5 billion |
| 7 | Over VND 10 billion to VND 100 billion | VND 5.2 million + 0.03% of the value of the property or contract, transaction exceeding VND 10 billion |
| 8 | Over VND 100 billion | VND 32.2 million + 0.02% of the value of the property or contract, transaction exceeding VND 100 billion (maximum fee is VND 70 million/case). |
Additionally, the fee for issuing copies of notarized documents: VND 5 thousand/page, from the third (3rd) page onward, each page is charged VND 3 thousand but not exceeding VND 100 thousand/copy.
Above are the procedures for notarizing house and land sale contracts.
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