Proposal to remove notarization of housing contracts
Project News
20.09.2022
In order to simplify administrative procedures, the Ministry of Construction has proposed in writing to the Ministry of Justice to abolish the notary procedure for contracts of sale, exchange, gift, mortgage, and lease purchase. Specifically, the Ministry of Construction proposes to amend Clause 3, Article 93 in the direction that notarization and authentication are not required for 7 types of contracts, including: house purchase and sale, house exchange. , donate houses, mortgage houses, rent-purchase houses, rent houses from organizations with real estate business functions, rent houses from individuals and households with a lease term of less than 6 months. Buyers, recipients or inheritors of houses are responsible for submitting dossiers to apply for certificates of land use rights and ownership of houses and other land-attached assets. For the case that the house exchange parties are enterprises with real estate business functions, the time of house ownership transfer is counted from the date of handing over the house to the buyer or recipient as agreed in the contract. For a house lease purchase contract, the time of house ownership transfer is counted from the date the lessee is granted the house and land papers. If the legal entity donates, or inherits, the time of ownership transfer is counted from the date the donor signs the donation document. In case of buying a house with deferred payment or installment payment, the time of house ownership transfer is counted from the date the buyer fully pays the house purchase price to the seller (according to Lao Dong).
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