(1) Types of contracts on land use rights
Pursuant to Clause 3, Article 27 of the 2024 Land Law, contracts in the following cases are not required to be notarized or certified:
- 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 or capital contribution in the form of land use rights, land use rights and assets attached to land and assets attached to land in which one party or parties participating in the transaction is a real estate business organization.
The above types of contracts do not require notarization/ certification but can be notarized/ certified at the request of the parties.
(2) Types of housing contracts
Pursuant to Clause 2, Article 164 of the Housing Law 2023, the following housing transactions are not required to be notarized and authenticated:
- In case of organizing gifts to houses of gratitude, houses of love, and houses of great solidarity;
- Buying and selling, renting houses belonging to public property; buying and selling, renting houses with one party as an organization, including:
+ Social housing, housing for the armed forces, housing for resettlement; capital contribution in housing with one side being an organization;
+ Renting, borrowing, staying, authorizing housing management, there is no need to notarize or authenticate the contract, except in cases where the parties have a need.
For transactions specified in Clause 2, Article 164 of the 2023 Housing Law, the effective date of the contract shall be 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.
(3) Types of real estate business contracts
Pursuant to Clause 4, Article 44 of the 2023 Law on Real Estate Business, real estate business contracts and real estate service business contracts that at least one party participating in the transaction is a real estate business enterprise must be notarized or certified at the request of the parties.
Thus, real estate business contracts can only be notarized or certified when the parties request, not required to be notarized or certified according to the provisions of law.
The effective date of the contract is the time when the last party signs the contract or by other acceptance as stated in the contract, unless the parties have another agreement.
In case the contract is notarized or certified, the effective date of the contract is the time when the notarized or certified document takes effect according to the provisions of the law on notarization and certification.
