Notarization or authentication of transactions on land using rights and houses in Vietnam.

Notarization or authentication of transactions on land using rights and houses in Vietnam includes transactions on land use right transfer, donate, mortgage or contribute capital of land using rights, land using rights and assets attached to land.

Notarization or authentication of transactions on land using rights and houses in Vietnam includes purchase, donation, exchange, investment in residential mortgages, assignment of contract of sale of commercial houses.

Notarization or authentication of transactions on land using rights and houses in Vietnam

Notarization or authentication of transactions on land using rights and houses in Vietnam has been guided by Official Letter No.4233/BTP-BTTP dated 16 November, 2015 of the Ministry of Justice on guidelines on notarization and authentication of contracts, documents carrying out the rights of land using and housing users.

Notarization or authentication of transactions on land using rights and houses in Vietnam is a compulsory form under law, specifically as follows:

- Law on Land 2013 stipulated that contract transfer, donate, mortgage or contribute capital using land use rights, land use rights and assets attached to land must be notarized or authenticated, unless the economic real estate provisions in Clause 3 of Article 167 of this Law;
- Law on House 2014 stipulated that purchase, donation, exchange, investment in residential mortgages, assignment of contract of sale of commercial housing must be notarized,  authenticated;

Pursuant to the provisions of the Law on land, Law on house mentioned above, the transactions on land using rights, houses may be certified in the notarial practice organization or authenticated by commune-level People”s Committees. The notarization is conducted according to the procedures stipulated in the Law on Notaries 2014. Authentication is conducted according to the procedures stipulated in Decree No. 23/2015/ND-CP.
Notarization and authentication are two different things. Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction or of the accuracy, lawfulness and conformity with social ethics of a paper or document which is prescribed by law or voluntarily requested by an individual or organization to be notarized. Notary must take responsibility for the content of the contract, transaction, responsible before the law and before the person requesting the certificate on your notarized documents, compensation for damage caused by them during practice notary in order to ensure legal security for the parties to the contract or transaction. Authentication means that the communal People”s Committee attests to time and place of signing contracts and transactions; civil act capacity, volition voluntarily, signature or fingerprint of the parties to the contract or transaction; the person request authentication is solely responsible for the content and legality of contracts and transactions.

The decision on the selection of a notarization or authentication of transaction on land using rights, housing, depending on the needs, conditions and circumstances of the related parties.

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