Law stipulates that in certain specific cases, contracts or other civil transactions in writing must be notarized or authenticated in order to have legal validity.
Article table of contents
Notarization is the certification by a Notary Public of a professional notarial practice organization of the authenticity and legality of contracts and other civil transactions in written form, the accuracy, legality, and ethical compliance of translations of documents, texts from Vietnamese to foreign languages or vice versa that according to legal regulations must be notarized or when individuals, organizations voluntarily request notarization (Clause 1 Article 2 Law on Notarization 2014).
Certification is the act of a competent authority or organization based on the original to certify that a copy is true to the original (Clause 2 Article 2 Decree 23/2015/ND-CP dated February 16, 2015, by the Government of Vietnam).
Illustrative photo (Source: Internet)
1. Types of contracts related to housing
According to the provisions of Article 122 Law on Housing 2014, except in cases where organizations present gratitude houses, charity houses; buying, selling, rental of state-owned houses; buying, selling, rent-to-own of social housing, housing serving resettlement; contributing capital with housing where one party is an organization; leasing, lending, allowing to stay for free, authorizing housing management are not required to be notarized or certified, the following types of contracts are required to be notarized by a notary public organization or certified at the commune-level People's Committee:
- House sale contract- House gift contract- House exchange contract- Capital contribution contract with house- House mortgage contract- Contract for transferring the contract of sale of commercial housing
2. Types of contracts related to land use rights
According to the provisions of Article 167 Land Law 2013, except for contracts for leasing, subleasing land use rights, land use rights and properties attached to land, contracts for exchanging agricultural land use rights; contracts for transferring land use rights, land use rights and properties attached to land where one party or the parties involved in the transaction are real estate business organizations that are not required to be notarized or certified, the following types of contracts are required to be notarized or certified:
- Contract for transferring land use rights, land use rights and properties attached to land- Contract for gifting land use rights, land use rights and properties attached to land- Contract for mortgaging land use rights, land use rights and properties attached to land- Contract for contributing capital with land use rights, land use rights, and properties attached to land
3. Types of inheritance documents and wills
- House inheritance documents are notarized or certified according to the provisions of civil law. (Clause 3 Article 122 Law on Housing 2014).- Inheritance documents regarding land use rights, land use rights, and properties attached to land are notarized or certified according to civil law regulations (Point c Clause 3 Article 167 Land Law 2013).- Wills of persons with physical disabilities or illiterates must be written by witnesses and notarized or certified (Clause 3 Article 630 Civil Code 2015).- Oral wills recorded by witnesses: Oral wills are considered legal if the testator's last wishes are expressed in the presence of at least two witnesses, and immediately after the testator expresses their last wishes, the witnesses write down, sign, or fingerprint. Within 5 working days from the date the testator expresses their last wishes, the will must be certified by a notary public or competent authority to confirm the signatures or fingerprints of the witnesses. (Clause 5 Article 630 Civil Code 2015).
Duong Tan Thanh - People's Court of district-level town Duyen Hai, Tra Vinh Province
According to Kiem Sat Online
