Land and housing are two important assets with high value. Attestation for donation of land and real estate is a necessary activity, which has been regulated by law to ensure transparency. If you are in need of notarization to donate land and real estate, you can refer to the detailed procedures in the article below.
1. Regulations on housing donation contracts
According to Article 457 Civil 2015, a contract for donation of property “is an agreement between the parties whereby the donor hands over his property and transfers the ownership rights to the donor without asking for compensation. given to agree to receive”.
More specifically, according to Article 459 of the Civil Law 2015, real estate donation contracts need to comply with the following provisions:
- Donations to real estate must be made in writing, notarized, authenticated or registered, if the real estate is subject to registration of ownership according to the provisions of law.
- The real estate donation contract takes effect from the time of registration; if the real estate is not subject to registration of ownership, the donation contract shall take effect from the time of property transfer.
In the case of a house donation, Clause 1, Article 119 of the Law on Housing 2014 specifies the conditions for donation as follows:
a) Having a Certificate as prescribed by law, except for the case specified in Clause 2 of this Article;
b) Not being subject to a dispute, complaint or claim about ownership rights; are in the period of house ownership in the case of house ownership with a definite term;
c) Not being distrained for judgment enforcement or distrained to execute legally effective administrative decisions of competent state agencies;
d) Not subject to a decision on land recovery, a notice on house clearance or demolition issued by a competent authority.
Thus, in order to donate a house, the donor needs to ensure that he/she has a certificate of ownership of the house, the house being donated is not subject to a dispute, complaint, or lawsuit or is only owned for a limited time. not be distrained or have a decision on land recovery.
2. Regulations on notarization of housing donation contracts:
Housing is a high-value asset, so the contract of donation of the house must be notarized. Clause 3, Article 167 of the 2013 Land Law specifically stipulates this issue as follows:
The notarization and authentication of contracts and documents on the exercise of rights of land users shall be performed as follows:
a) Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate business specified in Clause 1 of this Article. at point b of this clause;
b) Contracts for lease or sub-lease of land use rights, land use rights and land-attached assets, contracts for conversion of agricultural land use rights; a notarized contract for the transfer of land use rights, land use rights and assets attached to land, properties attached to land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties;
c) Documents on inheritance of land use rights, land use rights and land-attached assets, notarized or authenticated according to the provisions of civil law;
d) The notarization shall be carried out at notarial practice organizations, the authentication shall be carried out at the commune-level People's Committees."
3. Notes on notarization procedures
To notarize a house donation, the donor needs to prepare the following documents:
- Request for notarization of contracts and documents (Form No. 01/PYC); Cadastral information provision form (form No. 03 PYCCC).
- Copy of ID card or Passport; copy of documents proving the authority of the representative (if the representative).
- A copy of the certificate of land use right issued in accordance with the Land Law.
- A copy of the certificate of house ownership and residential land use right.
- Contract for donation of land use rights and properties attached to land (In case the contract has been drafted in advance).
- Additional documents on a case-by-case basis at the request of the notary.
The time for notarization of a house donation can last from 1 to 5 days depending on the time of submission of the notarization dossier, the place of residence of the donor and the recipient.
Currently, Tran Hang Notary Office has consulting services and supports notarization of contracts for house donation.
If you have any questions, please contact Tran Hang Notary Office directly for specific answers.
OFFICE OF OFFICER TRAN HUNG
Address: No. 9, Van Phuc street, Lieu Giai ward, Ba Dinh district, Hanoi.
Tel: (024) 3747.8888
Hotline: 0933.668.166 or 096.296.0688
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
1. Regulations on housing donation contracts
According to Article 457 Civil 2015, a contract for donation of property “is an agreement between the parties whereby the donor hands over his property and transfers the ownership rights to the donor without asking for compensation. given to agree to receive”.
More specifically, according to Article 459 of the Civil Law 2015, real estate donation contracts need to comply with the following provisions:
- Donations to real estate must be made in writing, notarized, authenticated or registered, if the real estate is subject to registration of ownership according to the provisions of law.
- The real estate donation contract takes effect from the time of registration; if the real estate is not subject to registration of ownership, the donation contract shall take effect from the time of property transfer.
In the case of a house donation, Clause 1, Article 119 of the Law on Housing 2014 specifies the conditions for donation as follows:
a) Having a Certificate as prescribed by law, except for the case specified in Clause 2 of this Article;
b) Not being subject to a dispute, complaint or claim about ownership rights; are in the period of house ownership in the case of house ownership with a definite term;
c) Not being distrained for judgment enforcement or distrained to execute legally effective administrative decisions of competent state agencies;
d) Not subject to a decision on land recovery, a notice on house clearance or demolition issued by a competent authority.
Thus, in order to donate a house, the donor needs to ensure that he/she has a certificate of ownership of the house, the house being donated is not subject to a dispute, complaint, or lawsuit or is only owned for a limited time. not be distrained or have a decision on land recovery.
2. Regulations on notarization of housing donation contracts:
Housing is a high-value asset, so the contract of donation of the house must be notarized. Clause 3, Article 167 of the 2013 Land Law specifically stipulates this issue as follows:
The notarization and authentication of contracts and documents on the exercise of rights of land users shall be performed as follows:
a) Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate business specified in Clause 1 of this Article. at point b of this clause;
b) Contracts for lease or sub-lease of land use rights, land use rights and land-attached assets, contracts for conversion of agricultural land use rights; a notarized contract for the transfer of land use rights, land use rights and assets attached to land, properties attached to land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties;
c) Documents on inheritance of land use rights, land use rights and land-attached assets, notarized or authenticated according to the provisions of civil law;
d) The notarization shall be carried out at notarial practice organizations, the authentication shall be carried out at the commune-level People's Committees."
3. Notes on notarization procedures
To notarize a house donation, the donor needs to prepare the following documents:
- Request for notarization of contracts and documents (Form No. 01/PYC); Cadastral information provision form (form No. 03 PYCCC).
- Copy of ID card or Passport; copy of documents proving the authority of the representative (if the representative).
- A copy of the certificate of land use right issued in accordance with the Land Law.
- A copy of the certificate of house ownership and residential land use right.
- Contract for donation of land use rights and properties attached to land (In case the contract has been drafted in advance).
- Additional documents on a case-by-case basis at the request of the notary.
The time for notarization of a house donation can last from 1 to 5 days depending on the time of submission of the notarization dossier, the place of residence of the donor and the recipient.
Currently, Tran Hang Notary Office has consulting services and supports notarization of contracts for house donation.
If you have any questions, please contact Tran Hang Notary Office directly for specific answers.
TRAN HANG NOTARY OFFICE
Address: No. 9, Van Phuc street, Lieu Giai ward, Ba Dinh district, Hanoi.
Tel: (024) 3747.8888
Hotline: 0933.668.166 or 096.296.0688
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
