How to distinguish between a micro-evidence and a notarization

I have a large plot of land, then I divided it into smaller plots to build a house and sell it. However, when I did the procedure to divide the plot, it was not possible because the area was too small. Therefore, the home buyer asked both parties to go to the Notary to make a record of the sale between the two parties.

Please explain to me the difference between a notarized certificate and a certified copy. What should I do in this case?

Reader Van Dam asked Thanh Nien.

Consultant

Notary Quach Chi Duc (Tran Thanh Hai Notary Office, Ho Chi Minh City) guides how to distinguish between a notarized document and a notarized one as follows:

A certificate is a document recording real events and actions directly witnessed by a bailiff, established at the request of individuals, agencies, and organizations according to the provisions of Decree 08/2020/ND-CP.

Notarization is the act of a notary public of a notary public organization certifying in writing the authenticity and legality of a contract or other civil transaction, not contrary to social ethics, of the translation of documents or papers from Vietnamese into a foreign language, or from a foreign language into Vietnamese... (Article 2 of the Law on Notarization).

Land use rights transfer contracts must be notarized or certified.

On legal value

A notarized document does not replace a notarized document, certified document, or other administrative document. A notarized document is a source of evidence for the court to consider when resolving civil and administrative cases in accordance with the law; it is the basis for conducting transactions between agencies, organizations, and individuals in accordance with the law (Clause 3, Article 36, Decree 08/2020/ND-CP).

Notarized contracts and transactions are enforceable against the parties involved. In case the obligated party fails to perform its obligations, the other party has the right to request the court to resolve the matter in accordance with the provisions of law, unless the parties to the contract or transaction have agreed otherwise (Article 5 of the Notary Law).

Notarized contracts and transactions have evidentiary value. Details and events in notarized contracts and transactions do not need to be proven, except in cases where they are declared invalid by a court (Clause 3, Article 5 of the Notarization Law).

Thus, a notarized document is different from a notarized document and cannot replace a notarized document in legal relations. A notarized document is only a document recording legal events, the status of the damage that occurred in reality, and its value will be considered by the competent authority.

Meanwhile, notarized documents have high legal value, certifying the legality of contract transactions, and are evidence that does not need to be proven.

Real estate transactions without a notarized document

Pursuant to Article 167 of the Land Law, Land use rights transfer contracts must be notarized or certified.

Therefore, in your case, you cannot make a record. In order for the house sale to be carried out in accordance with regulations, you need to complete the procedure to adjust the house area to comply with the conditions of land division.

After the land division is completed, the two parties will carry out the procedures for selling and transferring the property according to the provisions of law.

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