People in Binh Duong who notarized land use rights transfer contracts said that the requirement to provide "real estate status confirmation papers" is a inconvenience. The reason is that the administrative procedure does not have regulations on the composition of this dossier.
According to the People's Committee of Binh Duong province, voters have recently sent their opinions on the above issue to the session of the People's Council of Binh Duong province. And the Department of Justice of Binh Duong has explained and responded to voters.
Binh Duong Department of Justice said that, based on Article 45 of the Land Law in 2024, one of the conditions for implementing land use right transactions is the land without dispute. At the same time, according to Clause 5, Article 40 of the Law on Notary 2024, the notary has the right to refuse notarization if the application has an unknown problem without being clarified.
Currently, the provincial administrative procedure has not yet regulated that notarized real estate transfer documents must have a certificate of real estate status. However, in reality, notaries can ask people to provide documents proving that the land is not in dispute, or conduct verification to clarify before notarizing.
Notarized land database not connected to land database
Theo So Tu phap, don vi da xay dung phan mem co so du lieu cong chung va tham muu ban hanh quy che khai thac su dung, quan ly du lieu cong chung tren dia ban tinh. However, the notarized database has not yet connected to the land database. The reason is that the provincial land system is in the process of completion.
In the coming time, the Department of Justice of Binh Duong will continue to implement the Notary Law 2024 (effective from July 1, 2025), coordinating with competent authorities to upgrade and integrate notary databases with national and local data systems. At the same time, strengthen management, guidance, and remind notary organizations and notaries to comply with legal regulations during the notary practice process.
