In addition to contracts and documents that are required to be notarized as stipulated in legislative documents such as transfer transactions, gifts, mortgages of land use rights, sale and purchase, gifts of residential houses, etc., which must be notarized and authenticated to have legal validity, the law in Vietnam also regulates types of agreements and contracts related to houses and land that are not required to be notarized or authenticated.
Article table of contents
Types of agreements and contracts that do not require notarization or authentication in Vietnam (Internet image)
1. Housing agreements
According to Clause 2, Article 122 of the Law on Housing 2014 of Vietnam, it is not required to notarize or authenticate the agreement in the following cases:
- 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
Regarding any agreement above, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.
2. Contracts related to land use rights
Point b, Clause 3, Article 167 of the Land Law 2013 stipulates 03 cases in which contracts are not required to be notarized or certified. To be specific:
- Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets
- Contract on exchange of agricultural land use rights
- 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
In these cases, the contract is notarized or certified at the request of the parties;
3. Real estate trading agreements
Pursuant to Article 17 of the Law on Real Estate Business 2014, real estate trading agreements that do not require notarization or authentication include:
- Building sale agreement;
- Building rent agreement;
- Lease purchase agreement;
- Land transfer, lease, and sublease agreement;
- Agreement on transfer of all or a portion of real estate project.
Thus, in the above cases, the agreement notarizing or authenticating shall be agreed by contracting parties, excluding building sale or lease purchase agreements or land transfer agreements concluded by households and individuals prescribed in Clause 2 Article 10 of the Law on Real Estate Business 2014.
The effective date of the agreement shall be agreed and stated in the agreement by contracting parties. If the agreement has been notarized or authenticated, the effective date of the agreement is the notarizing or authenticating date. If the contracting parties have not agreed or the agreement has been not notarized or authenticated, the effective date is the date on which the agreement is signed.
More details can be found in the Law on Housing 2014, Land Law 2013 and Law on Real Estate Business 2014.
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