According to Point a and Point b, Clause 3, Article 27 of the 2024 Land Law, real estate contracts that must be notarized and certified include:
* Contract on land use rights and assets attached to land
- Contracts for transfer of land use rights, land use rights and assets attached to land.
- Contracts for donation of land use rights, land use rights and assets attached to land.
- Contracts for mortgaging land use rights, land use rights and assets attached to land.
- Contracts for capital contribution using land use rights, land use rights and assets attached to land.
Note: Contracts for lease, sublease of land use rights, land use rights and assets attached to land, contracts for conversion of agricultural land use rights; Contracts for transfer, capital contribution in the form of land use rights, land use rights and assets attached to land, assets attached to land in which one party or parties participating in the transaction is a real estate business organization are notarized or certified at the request of the parties.
* Housing contract
According to Clause 1, Article 164 of the 2023 Housing Law, contracts that must be notarized and certified include:
- Housing sale and purchase contract
- Housing purchase rental contract
- Housing donation contract.
- Housing exchange contract.
- Housing capital contribution contract.
- Housing mortgage contract.
For transactions specified in this clause, the effective date of the contract is the time of completing notarization or certification according to the provisions of the law on notarization and certification.
Note: In case of organizing donations to houses of gratitude, houses of love, houses of great solidarity; buying and selling, renting houses belonging to public assets; buying and selling, renting houses with one party being an organization, including: social housing, housing for the People's Armed Forces, housing for resettlement; capital contribution in the form of housing with one party being an organization; renting, borrowing, staying, authorizing housing management, it is not necessary to notarize or certify the contract, except in cases where the parties have a need.
For this transaction, the effective date of the contract is agreed upon by the parties; in case the parties do not have an agreement, the effective date of the contract is the time of signing the contract.
