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THE
MINISTRY OF JUSTICE -
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
04/2006/TTLT-BTP-BTNMT
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Hanoi,
June 13, 2006
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JOINT CIRCULAR
GUIDING THE NOTARIZATION AND AUTHENTICATION OF CONTRACTS AND
DOCUMENTS ON EXERCISE OF LAND USERS' RIGHTS
Pursuant to the November 26, 2003 Land Law;
Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on
the implementation of the Land Law;
Pursuant to the Government's Decree No. 17/2006/ND-CP of January 27, 2006,
amending and supplementing a number of articles of the decrees guiding the
implementation of the Land Law, and Decree No. 187/2004/ND-CP on transformation
of state companies into joint-stock companies;
Pursuant to the Government's Decree No. 75/2000/ND-CP of December 8, 2000, on
notarization and authentication;
Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining
the functions, tasks, powers and organizational structure of the Justice
Ministry;
Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002,
defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment;
The Justice Ministry and the Ministry of Natural Resources and Environment
hereby jointly guide the notarization and authentication of contracts and
documents on exercise of land users' rights respectively by the notary bureaus
and the People's Committees of communes, wards or district townships as
follows:
I. GENERAL ISSUES
1. Regulation scope
1.1. This Circular guides the notarization by
the notary bureaus and the authentication by the People's Committees of
communes, wards or district townships of the following contracts and documents:
a/ Contracts on exchange, assignment, donation,
rent or sublease of land use rights; contracts on mortgage of land use rights,
contracts on mortgage of land use rights of a third party, which are called by
the Land Law as guarantee with land use rights (called contracts on mortgage of
land use rights); contracts on capital contribution with land use rights;
testaments on bequeathal of land use rights, documents on division of land use
right inheritance, documents on receipt of inheritance of land use rights in
cases where receivers are sole heirs (hereinafter referred to as contracts and
documents on land use rights);
b/ Contracts on purchase, sale, rent, donation
or mortgage of assets attached to land; contracts on capital contribution with
assets attached to land; testaments on bequeathal of assets attached to land;
documents on division of inherited assets attached to land; documents on
receipt of inherited assets attached to land in cases where receivers are the
sole heirs (hereinafter referred to as contracts, documents on assets attached
to land);
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d/ Contracts and documents on land use rights
and assets attached to land;
e/ Contracts on mortgage of the land use rights
and future assets which will be attached to land.
The contracts and documents mentioned at Items
a, b, c, d and e of this Point 1.1 shall be hereinafter referred to as
contracts and documents on immovable property.
1.2. The certification of contracts and
documents on immovable property in industrial parks, economic zones or hi-tech
parks shall comply with the guidance at Point 2.3, Clause 2, Point 5.2 of
Clause 5, Clause 6 of Section I and Clause 4 of Section II of this Circular.
2. Notarization and
authentication of contracts and documents on immovable property
2.1. Contracts and documents on immovable
property, of which the owners are domestic organizations, overseas Vietnamese,
foreign organizations or individuals shall be notarized at notary bureaus.
2.2. For contracts and documents on immovable
property of which the owners are households or individuals, such households or
individuals may select forms of notarization at notary bureaus or
authentication at the People's Committees of communes, wards or district
townships where exists the immovable property.
2.3. Contracts and documents on immovable
property in industrial parks, economic zones or hi-tech parks shall be
certified at Management Boards of such industrial parks, economic zones or
hi-tech parks (hereinafter called Management Boards).
3. Contracts and documents on
immovable property
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3.2. The contents of contracts or documents on
immovable property shall not violate the provisions of law, shall not be
contrary to the social ethics.
3.3. The compilation of contracts or documents
on immovable property may be done with reference to forms of contract and
document promulgated together with this Circular.
4. Responsibilities of the
parties entering into contracts or establishing documents on immovable property
Parties entering into contracts or establishing
documents on immovable property shall bear responsibility for:
4.1. The legality of the papers they produce;
4.2. The compliance with the principles on entry
into contracts or establishment of documents under the provisions of the civil
law.
5. Responsibilities of public
notaries, presidents or vice-presidents of People's Committees of communes,
wards or district townships
5.1. When making notarization or authentication,
public notaries or presidents or vice-presidents of People's Committees of
communes, wards or district townships shall bear responsibility for:
a/ The time and place of notarization or
authentication;
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c/ The non-violation of legal provisions and/or
non-contradiction to the social ethics by the contents agreed upon by the
parties in the contracts or the contents of the documents on immovable
property;
d/ The signatures of the parties entering into
contracts or establishing documents on immovable property.
5.2. When making certification, heads of Management
Boards shall bear the same responsibilities as public notaries, presidents or
vice-presidents of People's Committees of communes, wards or district townships
mentioned at Point 5.1 of this Clause.
6. Responsibilities of land use
right registration offices
Land use right registration offices of
provincial/municipal Services of Natural Resources and Environment, land use
right registration offices of the district Sections of Natural Resources and
Environment, the district Sections of Natural Resources and Environment where
land use right registration offices have not yet been set up (hereinafter
called land use right registration offices) shall have to provide land-related
information services at the request of public notaries, presidents or vice-presidents
of People's Committees of communes, wards or district townships or heads of
Management Boards.
II. PROCEDURES AND ORDER OF
NOTARIZATION OR AUTHENTICATION OF CONTRACTS OR DOCUMENTS ON IMMOVABLE PROPERTY
1. Dossiers of request for
notarization or authentication of contracts or documents on immovable property
1.1. A valid dossier of request for notarization
or authentication shall comprise:
a/ A card requesting the notarization of
contract or document (Form No. 01/PYC) or a card requesting the authentication
of contract or document (Form No. 31/PYC);
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c/ The copy of the land use right certificate
granted under the 1987 Land Law, the 1993 Land Law or the 2003 Land Law; the
copy of the residential house ownership and land use right certificate granted
under the Government's Decree No. 60/CP of July 5, 1994, the copy of the
residential house ownership and land use right certificate granted under the
provisions of law on housing (hereinafter referred to as land use right
certificates);
Within the time limits provided for in Article
184 of the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on the
implementation of the Land Law, if current land users have not yet possessed
land use right certificates, they must have the copy of one of the land use
right papers specified in Clauses 1, 2 and 5 of Article 50 of the Land Law;
where the land users are named in the land registration books or cadastral
books, there must be written certifications (copies) of the People's Committees
of communes, wards or district townships where exists the land.
d/ The contract or document on immovable
property.
1.2. In addition to the papers mentioned at
Point 1.1 of this Clause, depending on each specific case, a dossier of request
for notarization or authentication shall be added with one or all of the
following papers:
a/ The copy of the household registration book,
for case of being transferred the rights to use agricultural land or being
assigned, donated the rights to use residential land or agricultural land in
strictly restricted areas, ecological regeneration areas of special-use forests
or protective forests;
b/ The written application for separation or
consolidation of land plots, for cases of exercising the land users' rights to
parts of land plots;
c/ The copy of the death certificate of the
estate leaver, the papers proving the relations between the estate leaver and
the heir, if it is the heir at law.
The copy of the testament or death certificate
of the estate leaver, if it is the testamentary heir while the testament does
not clearly determine the estate portion of each heir;
The copy of the death certificate of the estate
leaver, the papers proving the relations between the estate leaver and the heir
who is the sole heir;
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e/ The written certification of the paid land
use levies or the paid land use right transfer money, which do not originate
from the state budget, for cases where the land use right transferers are
economic organizations which have been allotted land by the State with the
collection of land use levies; economic organizations leased land by the State
with the annual rent paid for many years; economic organizations leased land by
the State before July 1, 2004, and having already paid the land rents for the
whole lease terms or paid the land rents in advance for many years while the
remaining paid land rent term is at least five years;
f/ The copy of the construction permit or the
investment project already approved by the concerned competent state body, for
case of mortgage of future assets, which, under the provisions of law, must be
granted construction permits or must have investment projects.
1.3. Notary bureaus and People's Committees of
communes, wards or district townships must not demand the notarization or
authentication requesters to submit any additional papers outside the dossiers
of request for notarization or authentication, which are mentioned at Points
1.1 and 1.2 of this Clause.
2. The order of notarization of
contracts, documents on immovable property
2.1. The notarization requesters shall each
submit a set of dossiers of request for notarization and produce the originals
thereof for comparison; the notary bureaus shall receive and check the dossiers
of request for notarization.
Where an immovable-property owner does not have
the land use right certificate but has one of the land use right papers
specified in Clauses 1, 2 and 5, Article 50 of the Land Law or the land use
right certificate of which the contents are variant with the actual land use
situation, the notary bureau must send the cards of request for supply of
cadastral information (Form No. 03/PYCCC) to the land use right registration
office to request the supply of information on the land plots. Where there are
signs showing that land use right certificates have been modified or forged, if
deeming it necessary, the notary bureaus shall send the requesting cards (Form
No. 03/PYCCC) to the land use right registration offices to request the supply
of information on the land plots. The duration of supplying the information on
the land plots by the land use right registration offices shall not be counted
into the notarization time limits mentioned at Point 2.4 of this Clause.
2.2. Where the dossiers of request for
notarization are valid, the notary bureaus shall make entries into the
contract, transaction notarization books (promulgated together with the Justice
Ministry's Circular No. 03/2001/TP-CC of March 14, 2001, guiding the
implementation of the Government's Decree No. 75/2000/ND-CP of December 8,
2000, on notarization and authentication) and make the notarization. In case of
being unable to make notarization within the day of receiving the dossiers, the
notary bureaus shall make entries into the contract, transaction notarization
books and write the appointment tickets (Form No. 02/PH) and hand them to the
notarization requesters.
If the dossiers are invalid or the immovable-property
owners are detected as failing to fully satisfy the conditions for exercise of
the law-prescribed rights of the real estate owners when the notarization
requests are processed, the notary bureaus shall return the dossiers and
clearly notify in writing the reasons therefor to the notarization requesters.
2.3. For cases of notarization of documents on
division of inheritance estates, documents on receipt of inheritance estates,
the post-up time limit shall be 30 days for the division of inheritance estates
and receipt of inheritance estates and shall not be counted into the
notarization time limits mentioned at Point 2.4 of this Clause.
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a/ Within the day of receiving the dossiers, for
contracts or documents on immovable property, if the notarization applicants
are households or individuals; if the dossiers of notarization request are submitted
after 15:00 hrs., the notarization shall be carried out within the following
working day; in cases where contracts or documents involve complicated
circumstances, such time limit shall not exceed three (3) working days after
the full receipt of valid dossiers;
b/ Within five (5) working days after the full
receipt of valid dossiers for contracts or documents on immovable property of
domestic organizations, overseas Vietnamese, foreign organizations or
individuals; in case of mortgage contracts, it shall not exceed three (3)
working days after the full receipt of valid dossiers.
3. The order of authentication
of contracts or documents on immovable property
3.1. The authentication requesters shall each
submit a set of dossiers of request for authentication and produce the
originals thereof for comparison; the judicial-civil status officials of
communes, wards or district townships shall receive and check the dossiers of
request for authentication.
Where immovable-property owners have no land use
right certificates but one of the land use right papers specified in Clauses 1,
2 and 5, Article 50 of the Land Law or have land use right certificates but the
land use situation has changed compared to the contents of such land use right
certificates, the cadastral officers of communes, wards or district townships
must certify the information on the land plots. In cases where there are signs
showing that the land use right certificates have been modified or forged, if
the verification is needed, People's Committees of communes, wards or district
townships shall send the requesting cards (Form No. 33/PYCCC) to land use right
registration offices to request the supply of information on the land plots.
The duration for supply of information on the land plots by land use right
registration offices shall not be counted into the notarization time limits
mentioned at Point 3.4 of this Clause.
3.2. Where the dossiers of request for
authentication are valid, the judicial-civil status officials of communes,
wards or district townships shall make entries into the contract, transaction
authentication books (Form No. 61/SCT) and submit them to the presidents or
vice-presidents of People's Committees of communes, wards or district townships
to sign for authentication of contracts or documents on immovable property.
Where it is unable to give authentication on the day of receiving the dossiers,
the judicial-civil status officials of communes, wards or district townships
shall make entries into the contract, transaction authentication books and
issue the appointment tickets (Form No. 32/PH) to the authentication
requesters.
If the dossiers are invalid or the
immovable-property owners are detected upon the handling of authentication
requests as having not fully satisfied the conditions for the exercise of their
rights according to the provisions of law, judicial-civil status officials of
communes, wards or district townships shall return the dossiers and notify in
writing the authentication requesters of the reasons therefor.
3.3. For cases of authenticating documents on
decision of inheritance estates, documents on receipt of inheritance estates,
the post-up time limit of 30 days for the division of inheritance estates or
receipt of inheritance estates shall not be counted into the authentication
time limit mentioned at Point 3.4 of this Clause.
3.4. The authentication of contracts, documents
on immovable property shall be carried out on the day of receiving the
dossiers; if the dossiers of request for authentication are submitted after
15:00 hrs., the authentication shall be carried out on the following working
day at the latest; where contracts or documents involve complicated
circumstances, the authentication time limit shall not exceed three (3) working
days after the full receipt of the valid dossiers.
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4. Procedures and order of
certifying contracts, documents on immovable property in industrial parks,
economic zones or hi-tech parks
The procedures and order of certifying contracts
or documents on immovable property at Management Boards shall comply with the
guidance mentioned in Clauses 1 and 2 of this Section, whereby heads of
Management Boards shall perform the job of public notaries.
III. ORGANIZATION OF
IMPLEMENTATION
1. This Circular shall take effect 15 days after
its publication in "CONG BAO."
Promulgated together with this Circular are the
following forms of cards, contracts, documents on immovable property (not
printed herein).
1.1. Forms to be used by notary bureaus:
Form No. 01/PYC Card of requesting the
notarization of contracts and documents.
Form No. 02/PH The appointment ticket
Form No. 03/PYCCC Card of requesting the supply
of cadastral information
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Form No. 05/HDCD The contract on exchange of
agricultural land use rights of households, individuals
Form No. 06/HDCN The contract on assignment of
land use rights and the assets attached to land
Form No. 07/HDCN The contract on assignment of
land use rights
Form No. 08/HDMB The contract on trading of
assets attached to land
Form No. 09/HDMB The contract on trading of
condominium apartments
Form No. 10/HDTA The contract on donation of
land use rights and assets attached to land
Form No. 11/HDTA The contract on donation of
land use rights
Form No. 12/HDTA The contract on donation of
assets attached to land
Form No. 13/HDTA The contract on donation of
condominium apartments
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Form No. 15/HDT The contract on hiring land use
rights
Form No. 16/HDT The contract on hiring assets attached
to land
Form No. 17/HDT The contract on renting
condominium apartments
Form No. 18/HDTC The contract on mortgage of
land use rights and assets attached to land
Form No. 19/HDTC The contract on mortgage of
land use rights
Form No. 20/HDTC The contract on mortgage of
assets attached to land
Form No. 21/HDTC The contract on mortgage of
condominium apartments
Form No. 22/HDGV The contract on capital
contribution with land use rights and assets attached to land
Form No. 23/HDGV The contract on capital
contribution with land use rights
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Form No. 25/HDGV The contract on capital
contribution with condominium apartments
Form No. 26/HDUQ The contract on authorization
Form No. 27/DC The testament
Form No. 28/VBPC The document on division of
inheritance estates
Form No. 29/VBN The document on receipt of
inheritance estates
Form No. 30/VBTC The document on relinquishment
of succession
1.2. Forms to be used by People's Committees of
communes, wards or district townships:
Form No. 31/PYC The card of request for
authentication of contracts and documents
Form No. 32/PH The appointment ticket
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Form No. 34/PCC The cadastral information supply
card
Form No. 35/HDCD The contract on exchange of
agricultural land use rights of households and individuals
Form No. 36/HDCD The contract on assignment of
land use rights and assets attached to land
Form No. 37/HDCN The contract on assignment of
land use rights
Form No. 38/HDMB The contract on trading of
assets attached to land
Form No. 39/HDMB The contract on trading of
condominium apartments
Form No. 40/HDTA The contract on donation of
land use rights and assets attached to land
Form No. 41/HDTA The contract on donation of
land use rights
Form No. 42/HDTA The contract on donation of
assets attached to land
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Form No. 44/HDT The contract on hiring land use rights
and assets attached to land
Form No. 45/HDT The contract on hiring land use
rights
Form No. 46/HDT The contract on hiring assets
attached to land
Form No. 47/HDT The contract on renting
condominium apartments
Form No. 48/HDTC The contract on mortgage of
land use rights and assets attached to land
Form No. 49/HDTC The contract on mortgage of
land use rights
Form No. 50/HDTC The contract on mortgage of
assets attached to land
Form No. 51/HDTC The contract on renting
condominium apartments
Form No. 52/HDGV The contract on capital
contribution with land use rights and assets attached to land
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Form No. 54/HDGV The contract on capital
contribution with assets attached to land
Form No. 55/HDGV The contract on capital
contribution with condominium apartments
Form No. 56/HDUQ The contract on authorization
Form No. 57/DC The testament
Form No. 58/VBPC The document on division of
inheritance estates
Form No. 59/VBN The document on receipt of inheritance
estates
Form No. 60/VBTC The document on relinquishment
of succession
Form No. 61/SCT The contract, transaction and
authentication book
1.3. Forms to be used by Management Boards
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Form No. 63/PH The appointment ticket
Form No. 64/PYCCC The card of requesting the
supply of cadastral information
Form No. 65/PCC The cadastral information supply
card
For forms of contract or document on immovable
property, Management Boards shall use Forms No. 05 thru No. 30 mentioned at
Point 1.1 of this Clause.
2. For island districts having no administrative
units being communes or district townships, district People's Committees shall
authenticate contracts or documents on immovable property of households and
individuals.
For island districts having no notary bureaus,
the district People's Committees shall authenticate contracts and documents on
immovable property of domestic organizations, overseas Vietnamese, foreign
organizations or individuals.
3. Contracts and documents on immovable property
which have been notarized or authenticated before this Circular comes into
force shall not have to be re-notarized or re-authenticated under the guidance
of this Circular.
4. Provincial/municipal People's Committees
shall have to organize the implementation of, and direct provincial/municipal
Services of Justice, Services of Natural Resources and Environment and
concerned services, branches as well as the People's Committees of rural
districts, urban district, provincial capitals and towns to implement this
Circular.
5. Provincial/municipal Services of Justice and
Services of Natural Resources and Environment shall have to provide
professional guidance for notary bureaus, land use right registration offices
and People's Committees of communes, wards or district townships to implement
this Circular.
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