Penalty for redistributing a record of real estate sale

Như hạ |

The practice of redistricting must strictly comply with legal regulations in the issuance of documents.

Pursuant to the provisions of Point d, Point e, Clause 4, Point b, Clause 8, Point b, Clause 9, Article 32 of Decree 82/2020/ND-CP, which stipulates the violation of regulations on the practice of redistribution:

- Fine from VND 10,000,000 to VND 15,000,000 for one of the following acts:

+ Make a document confirming the content and signing of the contract or transaction within the scope of notarization and certification activities; confirm the accuracy, legality, and no conflict with social ethics of the translation of documents and papers from Vietnamese to foreign languages or from foreign languages to Vietnamese; confirm the signature and copy to the original.

+ Prepare a record of events and acts to transfer land use rights and property ownership rights without documents proving the right to use and ownership rights according to the provisions of law...

- Additional penalty:

+ revoke the right to use redundant cards for 6 to 9 months for violations specified in Point b, Clause 3, Clause 4 and Point b, Clause 5 of this Article.

- Remedial measures:

+ Forced to return any illegal profits obtained from committing violations specified in Point d, Clause 3, Points b, c, d, dd, e, g, h and i, Clause 4, Clauses 5, 6 and 7 of this Article.

Thus, if there is an excess of redistribution of real estate sale and purchase documents to the parties in the sale and purchase of real estate, they may be subject to an administrative penalty of VND 10,000,000 to VND 15,000,000. An additional penalty may be the revocation of the right to use redundant cards for 6 to 9 months. Taking remedial measures is to force the return of illegal profits.

Note: Pursuant to Clause 4, Article 4 of Decree 82/2020/ND-CP, the above penalty level applies to individuals, if an organization commits the above violation, the fine will be twice as high as the individual.

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Buying and selling real estate using a certificate is being chosen by many people because the procedures are quick.

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According to the lawyer, the certificate is only valid as evidence, not a replacement for notarization in real estate trading.

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According to the lawyer, although the form of document making is used by many people in real estate transactions, the document has no value in establishing land use rights.