According to current legal regulations, real estate transfer contracts must be notarized and authenticated to be considered legal and valid. However, there are cases where the law still recognizes the validity of a real estate transfer contract that is not notarized or authenticated (” Handwritten paper “).
(photo: collection)
Accordingly, there are 2 cases where a contract made in handwritten form is still valid:
- In the first case , individuals or organizations receive the transfer of land use rights, purchase and sale of land-attached assets before January 1, 2008. Pursuant to Decree No. 01/2017/ND-CP guiding the 2013 Land Law, for housing and land transfer contracts that have not yet been granted a certificate of land use rights, houses and other assets associated with land (“ Certificate ”) and established before January 1, 2008, may apply for a Certificate. Furthermore, this Decree also stipulates that the application-receiving agency may not require the land use right transferee to submit a notarized or authenticated contract or document on land use right transfer. Thus, this regulation has indirectly recognized the validity of the real estate transfer contract which was established in handwritten paper before January 1, 2008.
- In the second case, the individual or organization receives the house and land transfer by handwritten paper after January 1, 2008 to before July 1, 2014. This is a case also specified in Decree No. 01/2017/ND-CP. Accordingly, in the case that after January 1, 2008, a new individual or organization receives a land transfer using a handwritten paper and has not yet been granted a Certificate but has one of the following land use rights papers: then you can apply for a Certificate for the first time:
- Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Vietnam. South Vietnam and the State of the Socialist Republic of Vietnam;
- A temporary land use right certificate granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
- Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
- Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as having been used before October 15, 1993;
- Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
- Papers on land use rights issued by competent agencies under the old regime to land users;
- Other papers were established before October 15, 1993 according to the Government’s regulations.
Similar to the case of a transfer contract established before January 1, 2008, when carrying out the procedures for applying for a Certificate, individuals and organizations are not required to submit a notarized contract or transfer document. authentication.
Thus, it can be seen that not all land transfer contracts by handwritten paper are invalid. If the transfer time is before January 1, 2008 or after January 1, 2008 but before July 1, 2014, it will still be recognized by law.
For more details please contact:
DHP LAW
Address: L4-09.OT06 Landmark 4 Building, Vinhomes Central Park 720A Dien Bien Phu, Ward 22, Binh Thanh District, City. Ho Chi Minh.Hotline: 0986.938.627Zalo, Viber, Line: 0986.938.627Facebook: facebook.com/DHPLAW
