I own a large plot of land, which I then subdivided to build houses and sell. However, when I went through the procedures to subdivide the land, it was not approved because the plots were too small. Therefore, the buyer suggested that both parties go to a bailiff's office to create a notarized record of the sale between them.
Could you please explain the difference between a notarized document and a notarized document? What should I do in this situation?
Reader Van Dam sent a question to Thanh Nien newspaper.
Consultant
Notary Quách Chí Đức (Trần Thanh Hải Notary Office, Ho Chi Minh City) provides the following guidance on how to distinguish between a notarized document and a notarized document:
A bailiff's report is a document recording a real event or action witnessed directly by a bailiff, prepared at the request of an individual, agency, or organization in accordance with the provisions of Decree 08/2020/ND-CP.
Notarization is the act by which a notary public of a notarization practice organization certifies the authenticity and legality of contracts and other civil transactions in writing, ensuring that translations of documents from Vietnamese to a foreign language, or from a foreign language to Vietnamese, do not violate social ethics… (Article 2 of the Notarization Law).
Contracts for the transfer of land use rights must be notarized or authenticated.
Regarding legal validity
A written record does not replace notarized documents, certified documents, or other administrative documents. A written record serves as evidence for courts to consider when resolving civil and administrative cases in accordance with the law; it is also a basis for conducting transactions between agencies, organizations, and individuals in accordance with the law (Clause 3, Article 36 of Decree 08/2020/ND-CP).
Furthermore, notarized contracts and transactions are legally binding on the parties involved. If one party fails to fulfill their obligations, the other party has the right to request the court to resolve the matter according to the law, unless the parties to the contract or transaction have agreed otherwise (Article 5 of the Notarial Law).
Notarized contracts and transactions have evidentiary value. The facts and events contained 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 Notarial Law).
Therefore, a notarized document is different from a notarized document and cannot replace a notarized document in legal relationships. A notarized document is merely a record of legal events, the actual situation, or the damage that occurred; its value will be considered by the competent authorities.
Meanwhile, notarized documents have high legal value, certifying the legality of the contract transaction, and are evidence that does not need to be proven.
Real estate transactions cannot be recorded in writing.
Based on Article 167 of the Land Law, Contracts for the transfer of land use rights must be notarized or authenticated.
Therefore, in your case, a notarized record cannot be made. To ensure the house sale is conducted in accordance with regulations, you need to go through the procedure to adjust the house's area to meet the requirements for land subdivision.
After the land is subdivided, both parties proceed with the sale and transfer of the property in accordance with the law.
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