Are land lease contracts between two individuals required to be notarized or certified in Vietnam?

Are land lease contracts between two individuals required to be notarized or certified in Vietnam?

Pursuant to Article 167 of the 2013 Land Law stipulating the right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital as follows:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.

2. A group of land users sharing land use rights have the following rights and obligations:

a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.

In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;

b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.

In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.

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;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

Thus, a land lease contract between two individuals is not required to be notarized or certified. The parties may notarize, certificate the contract or not. If not notarized or certified, the land use right lease contract is still valid.

In case one party or parties to the transaction is a real estate business organization, the land lease contract shall be notarized or certified at the request of the parties in Vietnam.

Can individuals lease land use rights without a certificate in Vietnam?

According to Article 168 of the 2013 Land Law, time to exercise the rights of land users is as follows:

1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

2. The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.

According to this Article, individuals are not allowed to lease land use rights without having a certificate of land use right as prescribed above in Vietnam.

What are general rights of land users in Vietnam?

Article 166 of the 2013 Land Law stipulates general rights of land users as follows:

1. To be granted the certificate of land use rights, houses and other land-related assets ownership.

2. To enjoy the results of the labor and investment on land.

3. To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.

4. To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.

5. To be protected by the State against others’ infringements of their lawful rights and benefits related to land.

6. To receive compensation when land is expropriated by the State in accordance with this Law.

7. To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.

Thus, land users have the rights specified above in Vietnam.

Best Regards!