The time when land transactions become effective.

Land with a land use right certificate (also known as a land title certificate) that is not subject to disputes, enforcement of judgments, seizure, etc., is permitted to be transferred.

Because land is a special asset, the transfer of land use rights must comply with land law regulations and notarization procedures. This is why there is a difference between the validity of the transfer contract and the validity of the transfer of land use rights.

A contract was entered into without knowing if it has become effective.

Urgently needing a large sum of money to settle debts, Mrs. PTG and her husband (residents of Dong Tam commune, Dong Nai province) signed a transfer contract with Mr. HVB (resident of Tan Loi commune, Dong Nai province) for 4 sao (approximately 0.4 hectares) of land planted with perennial crops (with a land ownership certificate) for 800 million VND. Because Mr. HVB did not have enough money to pay immediately, he only made a deposit of 100 million VND and committed to paying the full amount one month later. Afterward, both parties went to the nearest notary office to notarize the contract.

Lawyers from the Dong Nai Provincial Bar Association provided legal advice to residents of Dong Tam commune in August 2025. Photo: Doan Phu

After a month, Mr. HVB still did not fulfill his commitment. Therefore, Mrs. PTG and her husband decided not to transfer the land to him anymore and instead entered into a notarized transfer contract with someone else. Because he was unable to purchase the land from Mrs. PTG and her husband due to someone else "snatching" it from him, Mr. HVB confronted them to demand the return of his deposit. If Mrs. PTG and her husband did not return the deposit, he threatened to hire a lawyer to sue and prevent the transaction between them and the other party.

To avoid further complications, Mrs. PTG and her husband agreed to return the 100 million VND deposit to Mr. HVB. However, they still want to know: Of the contracts for the transfer of 4 sao (approximately 1,200 square meters) of land between them and Mr. HVB, and between them and the subsequent transferee, which contract is now valid and which is not?

Because many people are unaware of when land transfer contracts become effective and the difference between the effective date of a land transfer contract and the effective date of transferring land use rights, they often face difficulties when trying to terminate the contract. For example, the case of Mr. DVR (residing in Gia Kiem commune, Dong Nai province).

Mr. DVR stated: After agreeing on the price, he drafted a contract to transfer 150 square ^{meters of} residential land with a land title certificate to Ms. NTD (residing in Bien Hoa ward, Dong Nai province). Both parties only signed the contract, which was then notarized. However, after the deadline stated in the contract, Ms. NTD still did not have enough money to pay him. Therefore, he did not proceed with the transfer of ownership to Ms. NTD.

Mr. DVR wants to know if the transfer contract between him and Ms. NTD has become effective and if he has the right to cancel the contract if Ms. NTD is absent on the day of payment and transfer of ownership procedures?

Does the contract take effect from the time of signing or notarization?

Article 401 of the 2015 Civil Code stipulates that a legally concluded contract takes effect from the time of conclusion. From the time the contract takes effect, the parties must fulfill their rights and obligations to each other as agreed.

At the same time, Articles 500 to 503 of the 2015 Civil Code stipulate that a contract on land use rights is an agreement between the parties, whereby the land user transfers the land use rights to the other party in accordance with the Land Law; the other party exercises the rights and obligations under the contract with the land user. The content of the contract on land use rights must not contradict the regulations on land use purpose, land use term, land use planning, land use plans, and other rights and obligations as prescribed by land law and other relevant laws.

Contracts concerning land use rights must be in writing in a form consistent with the provisions of the 2015 Civil Code, land law, and other relevant laws. The execution of land use rights contracts must follow the correct procedures as prescribed by land law and other relevant laws. The transfer of land use rights takes effect from the time of registration as stipulated in the Land Law.

"The land use rights transfer contract is effective at the time of notarization. The transfer of land use rights takes effect from the time of registration of changes in accordance with land law regulations."

Lawyer NGUYEN DUC, Dong Nai Provincial Bar Association.

Furthermore, Article 6 of the 2024 Notarial Law clearly stipulates that a notarized document takes effect from the time it is signed by the notary and stamped by the notarial practice organization. A notarized document is legally binding on the parties involved and serves as the basis for the parties to request the competent state agency to carry out procedures related to the notarized transaction.

Lawyer Nguyen Duc (Dong Nai Provincial Bar Association) stated: Based on the regulations mentioned above, the contract for the transfer of 4 sao (approximately 1000 square meters) of land between Mrs. PTG and her husband and Mr. HVB has not yet come into effect because it does not comply with the formal requirements (it was not notarized or authenticated). However, the contract established between the couple and a subsequent party becomes effective from the time of notarization. The issue of Mr. HVB requesting the return of the deposit, which the couple agreed to, is unrelated to whether the land transfer contract is legally valid or not.

Regarding Mr. DVR's case: The transfer contract between him and Ms. NTD is valid. However, because Ms. NTD did not fulfill her obligations as stipulated in the contract, he has the right to request its cancellation. Cancellation of a notarized contract requires the following conditions: There must be a written agreement or commitment from all parties involved in the contract. Furthermore, the notarization of the cancellation must be performed by the same notary office that previously notarized the contract and by a notary public.

If the notarized contract cannot be canceled at a notary office, Mr. DVR has the right to file a lawsuit, requesting the court to annul the contract on the grounds that Ms. NTD has seriously breached her contractual obligations and failed to fulfill the commitments stated in the contract.

Doan Phu

Source: https://baodongnai.com.vn/ban-doc/202509/thoi-diem-giao-dich-dat-dai-phat-sinh-hieu-luc-97b2cba/