How To Conduct Land Transaction With Handwritten Papers

A land purchase and sale contract that is handwritten remains legally binding as long as it is notarized and fulfills the requirements set by the law. Therefore, it is essential to understand the proper procedure for drafting land purchase and sale documents manually. Discover the correct approach with NT INTERNATIONAL LAW FIRM in the following article when you need to conduct land transaction with handwritten papers.

What is a handwritten land contract? 

Handwritten land contracts, also known as handwritten land purchase and sale documents, are agreements between parties transferring land use rights from a seller to a buyer. They are written by hand instead of being typed.

Legal Basis:

• No typing requirement: Vietnamese law currently doesn’t require real estate contracts to be typed.
• Content needs to comply with law: Handwritten contracts must still adhere to the provisions of relevant laws, such as the 2013 Land Law and the 2015 Civil Code.

What is a handwritten land contract?

Does handwritten contract need to be notarized? 

Legal Basis:

• 2013 Land Law: Article 167, Clause 3, points a and b, stipulates the mandatory notarization or authentication for contracts transferring land use rights and attached assets.

Notarization Requirement:

Unless one or both parties are legal real estate business organizations, handwritten land contracts require notarization or authentication to be legally valid. This requirement applies to contracts for:

• Transfer of land use rights.
• Transfer of assets attached to land, such as buildings, trees, fences, and structures.

Rationale for Notarization:

• Ensures the authenticity and integrity of the contract.
• Protects the rights and interests of both parties involved.
• Reduces the risk of disputes and fraudulent activities.
• Facilitates legal enforcement of the contract in case of disputes.

Exemption for Real Estate Business Organizations:

The requirement for notarization does not apply if:

• One party is a legal real estate business organization.
• Both parties are legal real estate business organizations.

This exception reflects the assumption of professionalism and compliance with legal regulations expected from such organizations.

Consequences of Non-Notarization:

Handwritten land contracts without proper notarization or authentication are considered invalid and will not be legally recognized. This can lead to:

• Disputes and difficulty in enforcing the contract terms.
• Financial losses for affected parties.
• Legal complications and potential litigation.

Recommendations:

• Always involve a notary public or lawyer when drafting and signing land contracts.
• Ensure all formalities, including notarization or authentication, are properly completed.
• Seek legal advice to understand the specific requirements and implications of your land transaction.

Conclusion:

Notarization is a crucial legal requirement for handwritten land contracts, except for those involving real estate business organizations. Following proper procedures and adhering to legal regulations are essential for protecting your rights and ensuring the validity of your land transactions.

Is handwritten contract for land transaction valid? 

Legal Basis:

• 2013 Land Law: Article 167, Clause 3: Defines the requirement for notarization or authentication of land transaction contracts.
• 2015 Civil Law: Article 129: Provides for the recognition of certain informal transactions under specific conditions.

Validity of Handwritten Contracts:

• Notarization: Handwritten land contracts generally require notarization or authentication to be legally valid. This ensures their authenticity, protects parties’ rights, and facilitates enforcement.
• Exceptions: Certain handwritten contracts are exempt from notarization if:
  • One or both parties are legal real estate business organizations. (2013 Land Law, Art. 167, Clause 3, points a and b)
  • The contract was established before October 15, 1993, and fulfills specific conditions. (Resolution 02/2004/NQ-HDTP)
• Partial Performance: Even without notarization, a handwritten contract may be recognized as valid if the buyer has already fulfilled at least two-thirds of their contractual obligations (e.g., making payments). (2015 Civil Law, Art. 129)

Legal Effects:

• A valid land contract, whether handwritten or typed, has legal effect upon successful signing and fulfillment of formalities.
• This includes the transfer of land use rights and associated obligations.

Buyer’s Right to Recognition:

• If a handwritten contract lacks proper notarization but the buyer has fully paid the seller, they can request the court to recognize its validity. (2015 Civil Law, Art. 129)
• This right protects buyers who have acted in good faith and fulfilled their obligations.

Recommendations:

• Always involve a notary public or lawyer in land transactions.
• Ensure proper notarization and authentication of contracts.
• Maintain accurate records and documentation.
• Seek legal advice for complex situations or disputes.

Conclusion:

Handwritten land contracts can be valid under certain conditions, including proper notarization or partial performance of obligations. However, adherence to legal formalities through notarization is crucial for ensuring the legal effectiveness and enforceability of land transactions.

Is handwritten contract for land transaction valid? 

How To Conduct Land Transaction With Handwritten Papers

While handwritten contracts are acceptable for land transactions, they must adhere to specific criteria to be legally valid and enforceable. Here’s a breakdown of the essential information and requirements:

1. Information of Parties:

• Full name of individuals or organizations involved.
• Identification document details (ID card/CCCD or tax code).
• Address and bank account number of all parties.

2. Land Details:

• Address of the land.
• Land area and type.
• Current land condition.
• Land use purpose.
• Land use rights certificate number (if available).

3. Purchase and Sale Price:

• Agreed-upon land purchase price.
• Payment terms (single payment, installments, etc.).
• Payment schedule (specific dates for each payment).
• Payment method (cash or bank transfer).

4. Rights and Obligations:

• Clearly defined rights and obligations for each party, adhering to Land Law, Civil Law, and other relevant legal provisions.

5. Contract Effective Date:

• Clearly stated date, month, and year the contract comes into effect.

6. Additional Agreements:

• Parties can include additional terms, as long as they comply with the law. These may include:
  • Unilateral contract termination clauses.
  • Agreement on land-attached assets.
  • Contract termination clauses and conditions.
  • Dispute resolution methods and bodies.
  • Penalty clauses for contract violations (not exceeding 8% of the total contract value).
  • Clauses for amendments, supplements, and implementation terms.

Recommendations:

• While handwritten contracts are permissible, consulting a lawyer and properly notarizing the contract is highly recommended for greater legal security and enforceability.
• Maintain copies of all related documents, including the contract, payment receipts, and land use rights certificates.
• Seek legal advice for complex transactions or potential disputes.

By adhering to these requirements and recommendations, you can conduct land transactions with handwritten papers while still ensuring legal validity and protection for all parties involved.

How To Conduct Land Transaction With Handwritten Papers

Important Notes When Drafting Land Transaction Contracts

1. Seller Ownership:

• Ensure the seller is the rightful owner of the land and possesses the land use right certificate.
• Verify the authenticity of the certificate and ensure it corresponds to the land being sold.

2. Group Participation:

• If a group of land users participate, all members must sign the contract or provide written authorization as per the Civil Law provisions. This crucial step ensures the contract’s validity and is often overlooked, leading to potential legal issues.

3. Organizational Representation:

• When organizations participate in land transactions, only the legal representative is authorized to sign the contract.
• Incorrect identification of the legal representative can render the contract invalid.

Additional notes:

• Clearly specify the land’s area, boundaries, and any existing encumbrances.
• Include a detailed description of the land’s condition and any attached assets.
• Define the exact purchase price, payment schedule, and method.
• Clearly outline the rights and obligations of both parties.
• Specify the contract’s effective date and termination clauses.
• Include a dispute resolution mechanism.
• Ensure proper notarization and authentication of the contract.

Seek legal advice:

For complex transactions or if there are doubts about any aspect, consulting a lawyer is highly recommended. This helps avoid legal pitfalls and protects the interests of all parties involved.

NT International Law Firm has addressed the question of how to conduct land transaction with handwritten papers. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

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