Pursuant to Clause 3, Article 2 of Decree 08/2020/ND-CP, the certificate is a document recording the real event or behavior that Thua directly witnessed and issued, made at the request of an individual, agency or organization as prescribed in this Decree.
According to the law, when buying and selling real estate or in other words, transferring land use rights and ownership of assets attached to land in cases where a Certificate has been granted, the law requires registration of property changes at competent authorities.
In Article 29 of Decree 101/2024/ND-CP to make the procedure for registration of changes quick and save time, the dossier submitted when carrying out the procedure for registration of changes in land and assets attached to land is as follows:
- Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with Decree 101/2024/ND-CP.
- issued certificate.
- Transfer contract.
- Documents on representation according to the provisions of civil law in cases of carrying out procedures for registration of land and assets attached to land through representatives.
However, according to Point a, Clause 3, Article 27 of the 2024 Land Law, the contract for transferring land use rights and ownership of assets attached to land must be notarized and certified, except in cases of transactions through real estate business.
In addition, in Clause 2, Article 36 of Decree 08/2020/ND-CP, notarized and certified documents do not replace notarized and certified documents. And Clause 5, Article 37 of Decree 08/2020/ND-CP does not allow for recording events or acts to transfer land use rights and property ownership without documents proving land use rights and ownership rights according to the provisions of law.
Therefore, the issuance of a notary to conduct a real estate sale and purchase transaction is contrary to the law, because it is not a case of not being issued a notary. At the same time, the certificate also has no legal value instead of notarization or certification according to regulations.
