CAN THE CONTRACT FOR DONATION OF LAND USE RIGHTS BE CERTIFIED AT THE COMMUNE PEOPLE'S COMMITTEE?
Question: Dear Lawyer, can the contract for donation of land use rights be certified at the Commune People's Committee? Thank you!
Answer: Hello! For your questions, Gattaca has the following advice
According to the Provisions of the Land Law 2013, the contract for donation of land use rights must be notarized and certified.
“Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
a. 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 the same time, at Point d of this Clause, "the certification shall be carried out at the commune-level People's Committee". More specifically, the authority to certify the contract for donation of land use rights is detailed in Clause 2, Article 5 of Decree No. 23/2015/ND-CP on issuing copies from the original book, authenticating copies from the originals, authenticating signatures and certifying contracts and transactions. Accordingly, the President and Vice Chairman of the Commune-level People's Committee shall sign the certification and seal of the commune-level People's Committee to certify contracts and transactions related to the exercise of the rights of land users in accordance with the Law on Land.
Therefore, you are entitled to do the above-mentioned issue.
For detailed advice and timely support on transfer procedures and documents, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
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