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Do you need to notarize the apartment purchase contract?

07/04/2022

When buying and selling an apartment, the legal issue is always the top concern of the parties, is it mandatory to notarize the apartment purchase and sale contract?

In Article 122 of the 2014 Law on Housing, commercial housing purchase and sale including apartment buildings must be notarized or authenticated, except for the following cases:

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- Buying and selling state-owned houses.

- Buying and selling social housing, housing for resettlement. 

These exceptions are not required to be notarized or authenticated unless the parties so request.

According to Clause 1, Article 6 of Decree 02/2022/ND-CP, the apartment sale and purchase contract must be made according to form No. 01 issued in the Appendix to this Decree.

The sale, transfer, lease, lease-purchase, sub-tax of real estate and transfer of real estate projects must be made into a contract according to the form specified below:

1. Contract for sale, purchase and lease-purchase of an apartment is specified in Form No. 01 of the Appendix issued together with this Decree.

Previously, the old regulations in Article 6 of Decree 76/2015/ND-CP only provided for model contracts and were not mandatory.