DHP LAW will give you the following notes when buying and selling real estate by credit:
- According to the provisions of Clause 8, Article 25 of Decree No. 135/2013/ND-CP amending and supplementing Article 25 of Decree No. 61/2009/ND-CP on the competence and scope of making Vial of License of the Attorney General’s office playback as follows:
- The bailiff has the right to make a Vi diploma for events and acts at the request of the involved parties, except for the cases specified in Article 6 of this Decree; cases of violation of regulations on assurance of security and defense; violate the privacy of private life as prescribed in Article 38 of the Civil Code; cases falling under the notarial competence of notarization practice organizations or under the authentication competence of People’s Committees at all levels and other cases as prescribed by law.
- A bailiff may establish a vigil by events and acts occurring in the province or centrally run city where the bailiff’s office is located.
The legal value of the Vi diploma made by the bailiff is specified in Article 28 of Decree No. 61/2009/ND-CP:
- Bailiff is valid as evidence for the Court to consider when settling the case.
- Bailiiff is the basis for performing other lawful transactions as prescribed by law.
- Procedure for making bailiff:
– The establishment of bailiff must be done by the bailiff himself. The bailiff’s professional secretary can help the bailiff perform the making of bailiff, but the bailiff must be responsible for his or her own. bailiff only records events and acts that the bailiff directly witnessed; The recording must be objective and honest.
– In case of necessity, the bailiff has the right to invite witnesses to witness the making of the license.
– The license is made in 03 originals: 01 copy is handed over to the requester; 01 copy to be sent to the Department of Justice of Ho Chi Minh City for registration within 03 working days from the date of issuance of the Certificate; 01 copy is archived at the bailiff’s office in accordance with the law on archiving regime for notarized documents.
– Within no more than 02 working days from the date of receipt of the Vi-license, the Department of Justice must enter the Vi-license register. The Department of Justice has the right to refuse registration if it is found that the making of a license is not in accordance with its authority, is not within the scope of making a license, or has not been sent on time for registration as prescribed. The refusal must be immediately notified in writing to the Attorney General’s Office and the petitioner for making a Certificate, clearly stating the reason for the refusal to register.
– A license is considered valid when it is registered at the Department of Justice.
III. The cost of making a certificate shall be agreed upon by the two parties and the bailiff’s office according to the work performed or working hours. The Attorney General’s Office and the requesting party may further agree on the actual expenses incurred, including: travel expenses; service fees for information agencies, if any; tips for witnesses, participants or other expenses if any.
Thus, in cases where the land does not have a red book, so it is not possible to make a contract for the transfer of land use rights and cannot go to the ward to carry out the procedures for notarization of the contract, a certificate can be made at the bailiff’s office. to: Record the deposit delivery behavior of the parties; Record the behavior of the parties to sign the deposit contract or record the money delivery and receipt as a process in the conclusion of the real estate transfer contract…
For support and advice on Business, Investment, Intellectual Property, Real Estate,… in the best way, please contact us with the following information
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only: L4-09.OT06 Landmark 4 Building Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, Ho Chi Minh City
