Transfer of Land without Notarization: Who Will Be Penalized for the Violation?
According to the provisions of Clause 3, Article 167 of the Land Law 2013:
Certification and authentication of the contract, documents implementing the rights of land users are conducted as follows:
- The contract for transfer, donation, mortgage, or capital contribution by land use right, land use right, and assets attached to land must be notarized or authenticated, except for cases of real estate business as stipulated in point b of this clause;
- The contract for lease, sublease of land use right, land use right, and assets attached to the land, contract of exchange of agricultural land use right; contract for transfer of land use right, land use right and assets attached to the land, assets attached to the land where one or the parties engaged in the transaction is a real estate business organization is notarized or authenticated at the request of the parties;
- Documents on inheritance of land use right, land use right, and assets attached to land must be notarized or authenticated according to the provisions of civil law;
- Notarization is conducted at notary practice organizations, authentication is conducted at the People's Committee of the commune level.
According to the above provision, the transfer of land use rights must be notarized or authenticated at the competent authority. Otherwise, the contract will have no legal value and will be risky for the parties, potentially leading to litigation if the seller does not return the money.
However, there is no penalty for this act. Not all citizens understand the law to be able to execute it. Therefore, they will bear the risk, and there is no need for penalties.
Best regards!