Is a land use right transfer document required to be notarized?

Attorney Nguyễn Thị Hoài Anh, YouMe Law Firm replies:

Clause 1 and Clause 3, Article 27 of the 2024 Land Law (effective from August 1, 2024) stipulates the rights of conversion, transfer, lease, sublease, inheritance, gift of right to use land; mortgage, contribution by right to use land as follows:

1. The land user is entitled to exercise the rights of conversion, transfer, lease, sublease, inheritance, gift of right to use land; mortgage, contribution by right to use land in accordance with the provisions of this Law and other relevant laws.

3. The notarization and certification of contracts, documents implementing the rights of land users are implemented as follows:

a) The transfer, gift, mortgage, contribution contracts by right to use land, right to use land and land-related assets must be notarized or certified, except for the case specified in point b of this clause;

b) The lease, sublease contracts of right to use land, right to use land and land-related assets, the contracts of conversion of agricultural land use rights; the transfer, contribution contracts by right to use land, right to use land and land-related assets, land-related assets where one party or parties involved in the transaction are real estate business organizations must be notarized or certified at the request of the parties;

c) The document about inheritance of right to use land, right to use land and land-related assets must be notarized or certified in accordance with the provisions of the Civil Code;

d) The notarization and certification are implemented in accordance with the provisions of the Law on Notarization and Certification.

Thus, from August 1, 2024, the document about inheritance of right to use land, right to use land and land-related assets must be notarized or certified in accordance with the provisions of the Civil Code.