What documents must I bring to notarize a land purchase contract in Vietnam? From what date does a notarized house purchase contract take effect in Vietnam?

What documents must I bring to notarize a land purchase contract in Vietnam? 

When I notarize a land purchase contract, what documents do the buyer and seller need to prepare? I have Hanoi household registration but the land I bought in Quang Ninh, where can I get it notarized?

Reply:

Firstly, about the types of documents that need to be brought when notarized:

Pursuant to the provisions of Clause 1, Article 40 of the Notary Law 2014, the notarization request dossier shall be made in one set, comprising:

a/ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;

b/ The draft contract or transaction;

c/ A copy of the personal identity paper of the notarization requester;

d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;

dd/.Copies of other papers related to the contract or transaction as required by law.

For your case, when notarizing a land purchase contract, the seller and buyer need to bring the following documents:

- The notarization request form is usually filled out according to the form of the notary practice organization.

- A copy of the certificate of land use rights, ownership of houses and other assets attached to land with the original for comparison;

- Copy of ID card or Citizen identification card or passport (of both husband and wife) with the original for comparison;

- Registration book;

- Documents proving marital status (marriage registration certificate or certificate of marital status);

- Authorization contract (in case of selling land on behalf of another person);

- Contract drafted in advance by the parties (if any);

Second, about the notary location:

According to the provisions of Article 42 of the Notary Law 2014:

Notaries of a notarial practice organization may only notarize contracts and transactions related to real estate within the province or centrally run city where the organization is located, excluding testaments or written disclaimers of real estate and letters of authorization related to the exercise of real estate-related rights.

Comparing with your case, according to the information you provided, you have permanent residence in Hanoi and the land you bought is in Quang Ninh, so both parties must have the residential land purchase contract notarized by notary practice organizations in Quang Ninh province according to the above regulations in Vietnam.

What documents must I bring to notarize a land purchase contract in Vietnam? From what date does a notarized house purchase contract take effect in Vietnam? (Image from the Internet)

From what date does a notarized house purchase contract take effect in Vietnam? 

May I ask if my parents sold the house and had a notarized house sale contract at the notary office. So what date does this notarized contract take effect?

Reply:

Clause 1, Article 122 of the 2014 Housing Law stipulates notarization and authentication of agreements and effective date of housing agreements as follows:

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.

And Clause 1, Article 5 of the Notary Law 2014 stipulates legal validity of notarized documents 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.

Thus, a notarized house purchase contract takes effect from the date it is notarized in Vietnam (the date it is signed by the notary and stamped by the notary practice organization).

What is time limit for notarizing a house purchase contract in Vietnam?

Hello, in July 2020, my husband and I bought a house in District 9, so we went to Notary Office A to notarize the house purchase contract. However, during the notarization process, we were missing the marriage certificate and scheduled to return the next day. But when, tomorrow we came and added the marriage certificate, we were given another appointment for another week. So let me ask, is it correct for the Notary Office to make an appointment with me 1 week later? How many days does it take to notarize a home purchase contract? Thank you.

Reply:

According to Article 43 of the Notary Law 2014, notarization time limit is prescribed as follows:

1. The notarization time limit shall be counted from the date of acceptance of a notarization request dossier to the time of issuance of notarization results. The time of verification and assessment of contents related to contracts or transactions and posting of information on the acceptance for notarization of written agreements on division of estate, written declarations for acceptance of estate or translations of papers and documents shall not be included in the notarization time limit.

2. The notarization time limit is two working days; for complicated contracts or transactions, this time limit may be longer but must not exceed 10 working days.

Thus, your case does not clearly state how the contract transfers land use rights and assets attached to the land. If your contract has complex content, the Notary Office can extend the period but not more than 10 working days. You can contact directly at the Notary Office for resolution in Vietnam.

Best regards!