Home / What document needed to notarize contracts for lease of land use rights?

What document needed to notarize contracts for lease of land use rights?

03/10/2020

1.LIST OF DOCUMENTS

Order

Document name

Quantity

Note
 

Notary service request form

01

Original
 

Personal documents: Civil identity card/ National ID card/ Vietnamese People's Army Officer Identification Card/ Passport of party joining in the transaction

01

Copy
 

Land use right certificate or alternative document required by law.

01

Copy
 

Other papers relating to transaction contract that are required by law such as:

*One of the documents proving  status of common or private property (in case the lessor or sub-lessor are individuals):

  •  Division of property of during marriage/division of inheritance/ property donation agreement
  • Agreement on division common and separate property/ merger private property into the common property of married couple, agreement on identity property of married couple.
  • Agreement on private property during marriage.
  • Marriage certificate/ Confirmation of Marital Status (in case of living together without marriage registration procedures).
  • Confirmation of  the property beyond marriage period: Certification of marital status (in comparison with the time having the property beyond marriage) ...

* One of the documents on representative rights:

  • In case the transaction executed by minors;
  • Birth certificate 
  • In case the representative performs the transaction such as: A written commitment to represent for the benefit of their minor children in civil transactions relating to the minor children's property;
  • In case of representing as being authorized:
  • Authorization contract is formed legally.
  • In case of loss or having limitation in civil act capacity: 
  •  The Law court pronounces that the person is legally incapacitated one or limited capacity.
  • Written agreement of the guardian, guardian supervisor or the person who completes guardian registration;
  • A written commitment shows that guardian's transactions relating to the property is for the benefit of the incapacitated person, is agreed by guardian supervisor.

*One of the documents shows transaction authorization:

  • The person who is Vietnamese and lives in Vietnam: Family register;
  • The person who is Vietnamese and settle in other country: except for the documents proving the person is from Vietnam; Certificate of Vietnamese origin or giving up Vietnamese relationship, citizen registration, other documents for entry into Vietnam;
  • Foreign-invested organizations and enterprises (including 100% foreign-invested enterprises, joint-venture enterprises or Vietnamese enterprises in which foreign investors purchase shares, merge or acquire according to regulation of the law on investment): papers showing legal status and the authority to decide to conduct transactions in accordance with the law on enterprises, the law on investment; 
  • Business Registration Certificate/ Investment License.
  • Company seal (to seal on documents according to the business contract).
  • Meeting minutes of Board of members/ Board of Directors/ General Meeting of Shareholders/ Cooperatives Board of directors meeting/ Cooperative members meeting on the approval of transaction contract or written agreement of enterprise owner if the transaction is not authorization of the legal representative (in accordance with business contract and legal documents) ...
  • Business contract or cooperative contract.
  • Financial report (in case of proving authority of the Board of Directors, Board of Members, Cooperative Board of Directors).
  • Foreign-invested enterprise that is the lessor/ sub-lessee:
  • Person who uses land to invest in house-  for- rent project in industrial parks, industrial clusters or export processing zones: need to have approved project.
  • Producing or trading investor in industrial park, industrial cluster or export processing area which are rented accompany with the infrastructure: land lease contract for entire the lease term (in case of leasing the right to use land and property on that land), land lease contract with annual payment (if leasing the right to use land and property on that land in term of annual payment).
  • Producing or trading company in industrial park, industrial clusters or  export processing zone which are assigned, transferred the right of using land and infrastructure on that land by the State, Vietnamese settling in foreign countries invests in building infrastructure, industrial park, industrial cluster or export processing zone before the valid date of Land Law 2013( still have the right to use land during the project without renting again): certificate on land use rights issued before the valid date of Land law 2013.

* Certificate of civil capacity: mental health certificate, etc (in case there is a doubt about the act capacity of the party joining in contract transaction).

* Identity card of the witness/ interpreter (if having a witness/ interpreter)

* Other papers relating to the implementation of the land use rights.

  • Certificate of origin of assigned, leased and transferred land that the money for using, renting or transferring land isnt from state budget (In case that the assignor is a State capital group).
  • Rental payment receipt for entire lease term.

* Documents about completing financial obligations as prescribed.

  • ​​​Other papers relating to the notarial services

 request as the regulation.

* In case that the contract is prepared by notarization requester: above-mentioned documents accompany with draft contract.

01

Copy

 

2. LEGAL CITATION

- Civil Law on November 11,2015 ( take effect on January 1,2017);

- Notarization Law on June 20,2014 (take effect on January 1,2015);

- Housing Law on November 25, 2014 (take effect on July 1, 2015);

- Land Law on November 29, 2013 (take effect on July 1, 2014);

- Real estate Law on November 25, 2014 (take effect on July 1, 2015);

- Marriage and Family Law on June 19, 2014 (take effect on January 1, 2015);

- Law on Civil status on November 20, 2014 (take effect on January 1, 2016);

- Law on Residency on November 29, 2006 (take effect on July 1, 2007);

- Law amending and supplementing a number of articles of the Law on Residence on June 20, 2013 (take effect on January 1, 2014);

- Enterprise Law on November 26, 2014 (take effect on July 1, 2015);

- Law on National ID card on November 20, 2014 (take effect on January 1, 2016);

- Cooperative Law on November 20, 2012 (take effect on July 1, 2913);

- Commercial Law on June 14, 2005 (take effect on January 1, 2006);

- Law on Overseas Representative Missions of the Socialist Republic of Vietnam on June 18, 2009 (take effect on September 2, 2009);

- Decree 123/2015/NĐ- CP on November 15, 2015 of the State that prescribes some articles and enforcement measures

- Decree 76/2015/NĐ- CP on September 10, 2015 of the State that prescribes detailed implementation of Real Estate Law (take effect on November 1, 2015);

- Decree 99/2015/NĐ- CP on October 10. 2015 of the State that prescribes detailed implementation of Law on Housing (take effect on December 10, 2015);

 - Decree 96/2015/NĐ- CP on October, 2015 of the State that prescribes detailed articles of Enterprise Law (take effect on December 12, 2015);

- Decree 29/2015/NĐ- CP on March 15, 2015 of the State that prescribes detailed implementation Notarization Law (take effect on May 1, 2015);

- Decree 126/2014/NĐ- CP on December 31, 2014 of the State that prescribes detailed implementation of Law on Marriage and Family (take effect on February 15, 2015);

- Decree 46/2014/NĐ- CP May 15, 2014 of the State that prescribes land rent and water surface rent (take effect on July 1, 2014);

- Decree 45/2014/NĐ- CP May 15, 2014 of the State that regulates collection of land- use fees (take effect on July 1, 2014

- Decree 44/2014/NĐ- CP May 15, 2014 of the State that regulates land prices (take effect on July 1, 2014);

- Decree 43/2014/NĐ- CP on May 15, 2014 of the State that prescribes detailed implementation of Law on Land (take effect on July 1, 2014);

- Decree 01/2017/NĐ- CP on July 1, 2017 of the State that supplements  and amends some Decrees regulating detailed implementation of Land Law (take effect on March 3, 2017);

- Decree No.31/2014/ ND-CP dated April 18, 2014 of the Government prescribing articles and measures to implement the Law on Residence (take effect on June 15, 2014);

- Decree 106/2013/ ND-CP dated September 17, 2013 on amending and supplementing some articles of Government Decree 05/1999/ ND-CP dated February 3, 1999 on amended and supplemented identity cards by Decree 170/2007/ ND-CP dated November 19, 2007 which amends and supplements a number of articles of Decree 05/1999/ ND-CP dated February 3, 1999 of the Government (take effect on November 2, 2013);

- Decree 11/2012/ ND-CP dated February 22, 2012 on amending and supplementing several articles of Government Decree 163/2006/ ND-CP dated December 29, 2006 on secured transactions (take effect on April 10, 2012);

- Decree 111/2011/ ND-CP dated December 5, 2011 of the Government on consular certification and Consular authentication ( take effect on February 1, 2012);

- Decree 130/2008/ ND-CP dated December 19, 2008 of the Government on Vietnamese military officer ID card (take effect on January 16, 2009);

- Decree 136/2007/ ND-CP dated August 17, 2007 of the Government on the Law on exit and entry of Vietnamese citizens (take effect on September 14, 2007);

- Decree 170/2007/ ND-CP dated November 19, 2007 on amending and supplementing several articles of Government Decree 05/1999/ ND-CP dated February 3, 1999 on identity cards ( takes effect on December 1, 2007);

- Decree 163/2006/ ND-CP dated December 29, 2006 of the Government on secured transactions (take effect on January 27, 2007);

- Decree 05/1999/ ND-CP dated February 3, 1999 of the Government on identity cards (take effect on 1 May 1999);

- Circular 26/2015/ TT-NHNN dated December 9, 2015 of the State Bank of Vietnam guiding order and procedures for mortgage and mortgage cancellation of assets that belong to residential housing development project or future houses (take effect on December 10, 2015);

- Circular 15/2015/TT- BTP on November 16, 2015 of Ministry of Justice that regulates detailed implementation plan of Law on civil status (take effect on January 2, 2016);

-Circular 257/2016/ TT-BTC dated November 11, 2016 of Ministry of Finance has regulated collection, payment, management and usage of notarization fees; authentication fee; notary knowledge assessment fees; fee for verification of the Notary operating condition; fee for notarial certificate (take effect on 01/01/2017);

- Circular 06/2015/ TT-BTP dated June 15, 2015 of Ministry of Justice that prescribes detailed regulations and implementation guidance of several articles of Law on Notarization (take effect on August 1, 2015);

- Circular 23/2014/ TT-BTNMT dated May 19, 2014 of Ministry of Natural Resources and Environment that regulates certificates of land use rights, house ownership and other land-attached assets (take effect on July 5, 2014);

- Decision 60/2017/ QD-UBND dated December 5, 2017 of People's Committee of Ho Chi Minh City that regulates minimum acreage parcel of land (take effect on January 1, 2018) ;

- Decision 08/2016/ QD-UBND dated March 21, 2016 of People's Committee of Ho Chi Minh City that regulates ceiling rate for notary service in Ho Chi Minh city (take effect on 31 March year 2016);

- Decree 61/2018/ ND-CP dated April 23, 2018 of Government that regulates the implementation of OSS mechanism, inter-agency OSS mechanism in administrative procedures settlement (take effect on June 21 in 2018).

- Circular 01/2018/ TT-VPCP dated November 23, 2018 of Government Office that regulates the implementation of several provisions of Decree 61/2018/ ND-CP dated April 23, 2018 on implementing OSS mechanism, Inter-agency OSS mechanism in administrative procedures settlement (take effect on January 6, 2019).