Real estate contracts must be notarized

Như Hạ |

From August 1, 2024, many real estate contracts must be notarized or certified according to regulations or they will be invalid.

Contract on land use rights and assets attached to land

Pursuant to Point a and Point b, Clause 3, Article 27 of the 2024 Land Law, the following contracts must be notarized or certified:

- Contracts for transferring land use rights (land only), land use rights and assets attached to land (including land and houses or other assets), except for transfer contracts in which one party or parties participating in the transaction are real estate business organizations.

- Contract for donation of land use rights, land use rights and assets attached to land.

- Mortgage contract of land use rights, land use rights and assets attached to land.

- Contract for capital contribution using land use rights, land use rights and assets attached to land.

Phap luat hien hanh quy dinh mot so hop dong ve nha dat nhu mua ban, chuyen nhuong bat buoc phai cong chung. Anh: Linh Trang
Current law stipulates that some real estate contracts such as sales and transfers must be notarized. Photo: Linh Trang

Housing contract

According to Clause 1, Article 164 of the 2024 Housing Law, the following housing contracts must be notarized or certified:

- House sale and purchase contract

- Housing lease contract

- Housing donation contract

- Housing exchange contract

- Housing capital contribution contract

- Home mortgage contract

Note: In the case of organizations donating gratitude houses, charity houses, and solidarity houses; buying, selling, or leasing houses that are public assets; buying, selling, or leasing houses where one party is an organization, including: social housing, housing for the people's armed forces, and housing for resettlement; contributing capital in the form of housing where one party is an organization; renting, borrowing, staying at, or authorizing the management of housing, it is not necessary to notarize or authenticate the contract, unless the parties have a need.

Thus, the above contracts on land use rights and housing (hereinafter referred to as real estate contracts) must be notarized or certified, otherwise they will be invalid.

Như Hạ
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