08:27, 25/05/2020
Which types of transactions need to be notarized and authenticated to have legal validity? This is a question that LawNet has received from customers and members recently. To address this issue, LawNet has compiled the types of contracts that require notarization and authentication according to Vietnam’s current regulations in the following table.
Article table of contents
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No.
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Transaction
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Contract to be notarized
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Legal basis
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1
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Transactions and contracts related to housing
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Contract on housing sale
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Article 122 of the Law on Housing 2014 of Vietnam
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Contract on housing giving
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Contract on housing exchange
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Contract for capital contribution with housing
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Contract on housing mortgage
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Contract on transfer of agreement on commercial housing sale
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2
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Transactions and contracts related to land use rights
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Contract for the transfer of land use rights, land ownership rights, and assets attached to the land
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Article 167 of the Law on Land 2013 of Vietnam
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Contract for the donation of land use rights, land ownership rights, and assets attached to the land
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Contract for the mortgage of land use rights, land ownership rights, and assets attached to the land
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Contract for capital contribution with land use rights, land ownership rights, and assets attached to the land
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|
3
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Documents on inheritance and wills
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Documents on housing inheritance must be notarized or authenticated as prescribed in law on civil
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Clause 3 Article 122 of the Law on Housing 2014
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Documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law
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Point c Clause 3 Article 167 of the Law on Land 2013
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A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified
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Clause 3 Article 630 of the Civil Code 2015 of Vietnam
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An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.
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Clause 5 Article 630 of the Civil Code 2015
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A will has been prepared in a foreign language. Where a will has been prepared in a foreign language, it must be translated into Vietnamese and notarized.
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Clause 5 Article 647 of the Civil Code 2015
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4
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Other cases
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Contract for the exchange of property. A contract for the exchange of property must be made in writing, and must be notarized, certified or registered if so provided by law.
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Clause 2 Article 455 of the Civil Code 2015
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A written agreement on selling and using a vehicle as a gift between individuals must be notarized as stipulated by the law on notarization, or certified by the People’s Committee of a hamlet, ward and town with respect to the signature of the owner who is eligible to sell and use his/her vehicle as a gift in compliance with the law on certification.
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Point g Clause 1 Article 10 of Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam
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The contract for a gift of immovable property. A gift of immovable property must be recorded in writing and notarized or certified, and must be registered if the law on immovable property requires registration of ownership.
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Clause 1 Article 459 of the Civil Code 2015
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Note:
- Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement.
- Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties.
Nguyen Trinh
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