Contracts Required to be Notarized and Authenticated According to Current Law

1. Types of Contracts Related to Land Use Rights (LUR)

According to the provisions of Article 167 Land Law 2013, transactions involving LUR that must be notarized or authenticated include:

- Contract for the transfer of LUR, LUR and assets attached to the land;- Contract for gifting LUR, LUR and assets attached to the land;- Contract for mortgaging LUR, LUR and assets attached to the land;- Contract for capital contribution using LUR, LUR and assets attached to the land.

As for lease, sublease contracts of LUR, LUR and assets attached to the land; contract for the conversion of agricultural LUR; contract for the transfer of LUR, LUR and assets attached to the land, assets attached to the land where one or more parties involved in the transaction are real estate business organizations, it will be notarized or authenticated upon request by the parties. If the parties do not request, this procedure is not required.

2. Types of Contracts Related to Housing

Pursuant to Article 122 of the Housing Law 2014, the cases requiring notarization or authentication for housing-related contracts include:

- Contract for the sale and purchase of houses;- Contract for gifting houses;- Contract for exchanging houses;- Contract for capital contribution using houses;- Contract for mortgaging houses;- Contract for the transfer of commercial housing sale and purchase contracts.

In addition, housing laws also stipulate that cases of organizations gifting gratitude houses, mercy houses; purchasing, lease-purchasing state-owned houses; purchasing, lease-purchasing social housing, resettlement housing; capital contribution using houses where one party is an organization; leasing, lending, allowing stay, or authorizing housing management do not require notarization or authentication of contracts, unless the parties have the demand.

3. Papers for the Sale, Gifting of Personal Vehicles

Papers for the sale, gifting of personal vehicles must be notarized or authenticated by the Commune-level People's Committee for the signatures of the seller, giver, or donor. Specifically:

- For the Paper of sale, gifting special-use vehicles, the Commune People's Committee of the seller's, giver's, or donor's place of permanent residence authenticates the signature;- For the Paper of sale, gifting personal vehicles, individuals may choose to notarize the Paper at notary public offices in accordance with the law on notarization or authenticate the signature on the Paper of sale, gifting vehicles according to the law on authentication.

This content is specifically stipulated in Article 10 of Circular 15/2014/TT-BCA and Official Dispatch 3956/BTP-HTQTCT of 2014.

4. Documents on Wills and Inheritance

According to the provisions of Article 167 of Land Law 2013, Article 122 of Housing Law 2014, and regulations of the Civil Code 2015, cases requiring notarization or authentication under civil law related to wills and inheritance include:

- Documents on inheriting LUR, LUR and assets attached to the land;- Documents on inheriting houses must be notarized or authenticated;- Wills of physically impaired persons or illiterates must be written by witnesses and notarized or authenticated;- Oral wills recorded by witnesses.

The notarization of the aforementioned contracts and documents is carried out at notary public offices, and authentication is performed at the Commune People's Committees or notary public offices according to the provisions of Article 77 of the Notarization Law 2014.

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