Types of real estate contracts that are not required to be notarized or certified

“In this article, PL & Partners Law Firm provides information about the types of contracts on housing and land that are not required to be notarized or certified…”

Normally, when performing transactions related to housing and land, the transactions must be made in writing. This document must then be notarized or certified. At this point, the new transaction is acknowledged and legally valid.

However, there are some cases where notarization and certification will not be required. In this article, let’s take a look at these cases with PL & Partners Law Firm.

Các loại hợp đồng nhà đất không cần công chứng, chứng thực

Normally, when there is a transaction on housing and land, it is necessary to notarize or certify relevant documents.

1. CASES RELATING TO CONTRACTS ON HOUSING.

Pursuant to Article 122.2 of the Law on Housing 2014, the following cases will not be required to be notarized or certified, unless the parties wish to:

Giving charity houses.
Buying, selling, renting state-owned housing.
Buying, selling, renting social housing, resettlement housing.
Contributing capital that are houses having one party being an organization.
Leasing, lending housing, letting someone stay at or authorizing someone to manage your house.

2. CASES RELATING TO CONTRACT ON LAND USE RIGHTS.

Pursuant to Article 167.3.b of the Land Law 2013, the following types of contracts are not required to be notarized or certified, but be notarized, certified at the request of the parties:

Contracts for lease, sub-lease of land use rights or land use rights and assets attached to land.
Contract for conversion of agricultural land use rights.
Contracts for the transfer of land use rights or land use rights and assets attached to land or assets attached to land having one party or parties to the transaction being real estate companies.

3. CASES RELATING TO REAL ESTATE BUSINESS CONTRACTS.

Pursuant to Article 17 of the Law on Real Estate Business 2014, the following types of contracts must be made in writing. However, its notarization, certification shall be agreed upon by the parties, not mandatory:

Contract for sale and purchase of houses and construction works.
Contracts for renting houses and construction works.
Lease option contract of housing and construction works.
Contract for transfer, lease, and sub-lease of land use rights
Contract for transfer of part of or the whole real estate project.

The above-mentioned real estate business contract must be made in writing. The notarization and certification of them shall be agreed upon by the parties.

However, please note that the contract for sale, purchase, lease option of a housing, construction work, contract of transfer of land use rights having contracting parties being households and individuals whose transfer, lease, or lease-to-own transactions are small-scale, infrequent,shall be notarized or certified.

Thus, above, PL & Partners Law Firm has informed you about the cases in which the contract is not required to be notarized when trading houses and land.

Hope the above information will be useful to you.

If you need further legal assistance, please contact us at:

PL AND PARTNERS LAW FIRM

Headquarters: 46^th Floor, Bitexco Financial Tower, No. 2 Hai Trieu, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam

Office: Lot 1.16 Viva Riverside, 1472 Vo Van Kiet, Ward 3, District 6, HCMC

Hotline: 093.1111.060

Email: info@pl-partners.vn

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We are always ready to assist you.

The article is based on the applicable law at the time of writing and may no longer be appropriate at the time you read it due to changes in laws. Therefore, the article is for reference only.