Tiếng Việt
Table of Contents
1. Conditions for a real estate donation contract to be valid?
2. When does a real estate donation contract become effective?
1. Conditions for a real estate donation contract to be effective?
Pursuant to Article 117 of the 2015 Civil Code, the conditions for the validity of civil transactions are stipulated as follows:
“Article 117. Conditions for effective civil transactions
1. A civil transaction shall be effective when it satisfies all of the following conditions:
(a) The subjects have civil legal capacity and capacity for civil acts appropriate to the established civil transaction;
(b) The subjects participating in the transaction act entirely voluntarily;
(c) The objective and contents of the civil transaction are not contrary to the law or social morals.
2. The form of a civil transaction is a condition for its effectiveness in cases where the law so provides.”
2. When does a real estate donation contract take effect?
Pursuant to Clause 1, Article 401 of the 2015 Civil Code, “A contract legally entered into shall take effect from the time when it is entered into, unless otherwise agreed or otherwise provided by relevant law.”
Simultaneously, Article 459 of the 2015 Civil Code stipulates:
“1. A gift of immoveable property must be recorded in writing and notarized [or] certified, and the ownership right with respect to the immoveable property is required to be registered in accordance with law.
2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.”
According to the above provisions, the effective date of a property donation contract will be determined as follows:
– For real estate that must register ownership: The real estate donation contract is effective from the time of registration;
– For real estate that does not require registration of ownership: The donation contract is effective from the time of transfer of the property.
At Point a, Clause 3, Article 167 of the 2013 Land Law stipulates: “Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause”.
At Clause 1, Article 5 of the 2014 Notarization Law stipulates: “A notarized document is valid from the date a notary signs and appends the seal of his/her notarial practice organization to it.”
Thus, the law stipulates that the contract for transfer or donation of land use rights and property attached to land must be notarized or authenticated; The transfer of rights must be registered, then it will be effective from the time of registration at the Land Registration Office. After the contract of transfer or donation of land use rights and assets attached to the land is notarized and certified. The transferee submits a dossier for registration of changes in land use rights; the Land Registration Office will receive and check the dossier. If complete, it will proceed according to the procedure and the dossier will be sent to the tax authority and the Department of Natural Resources and Environment to determine financial obligations and proceed to transfer the name of the Land Use Rights Certificate.