The Government has requested that notarization continue to be required for land use rights transfer transactions to ensure legal certainty, reduce the risk of disputes, and maintain consistency with the country’s notarization regulations. The direction was set out in a Government resolution issued following a specialized legal session on September 18, which also outlined several requirements for completing the draft amended Land Law and related regulations governing the real estate market.
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Under the Government’s direction, notarization will continue to apply to land use rights transfer transactions. The measure aims to ensure consistency with specialized notarization laws while helping prevent potential disputes and legal claims.
The issue has attracted particular attention during the drafting of the amended Land Law, following an earlier proposal by the drafting agency to revise notarization and certification requirements for certain real estate transactions.
Under the current Land Law, contracts involving the transfer, donation, mortgage, or capital contribution using land use rights, as well as land use rights together with assets attached to land, are generally required to be notarized or certified, except in certain cases provided by law.
During the drafting of the new legislation, the Ministry of Agriculture and Environment proposed changes to the requirements applicable to certain transactions. The proposal subsequently received various opinions during discussions at the National Assembly.
Some delegates raised concerns that removing mandatory notarization could create additional risks in transactions, particularly those involving the authenticity of contracts, fraudulent transactions, or disputes over the validity of agreements.
The Government’s direction to retain notarization for land use rights transfers indicates that legal certainty and transaction security remain key considerations in the ongoing legislative process.
For the draft amended Law on Real Estate Business, the Government has assigned the Ministry of Construction to continue reviewing regulations concerning notarization in real estate transactions.
The review is intended to ensure effective state management and protect asset ownership rights, particularly while land-related databases and other information systems have yet to achieve full connectivity and synchronized operation.
Under this approach, while land and related databases are not yet fully integrated, appropriate verification mechanisms remain necessary to reduce risks for parties participating in the real estate market.
In addition to notarization, the Government has asked the Ministry of Agriculture and Environment to further refine a number of important provisions in the draft amended Land Law.
The draft is expected to clarify the framework criteria, principles, and mechanisms for determining land prices, together with procedures for reviewing and supervising the land pricing process.
The role of the State in regulating, managing, and determining land prices is also expected to be further clarified to ensure greater consistency in policy implementation.
Issues relating to land-use fees and land rents for production and business purposes, residential development, and leasing are also subject to further review.
The draft is also required to consider financial mechanisms for addressing land value increments, solutions for abandoned or delayed-use land, and specific criteria for classifying different categories of land.
The Government has also requested mechanisms to prevent corruption, misconduct, and policy exploitation in compensation, support, and resettlement processes.
Appropriate measures are also needed to address illegal construction and long-delayed or stalled projects.
These issues have a direct impact on real estate project development. Prolonged procedures can increase investment costs, affect implementation schedules, and delay the delivery of projects to the market.
Another key direction is the continued development of the national land database and stronger connectivity among relevant information systems.
A more transparent and interconnected land database is expected to support state management while facilitating real estate transactions.
When information on land, planning, and the legal status of properties is updated, connected, and accessible, market participants will have a stronger basis for verifying information before entering into transactions.
The Ministry of Public Security, the Ministry of Agriculture and Environment, and the Ministry of Construction have been assigned to collect public feedback through the VNeID system on the draft Land Law, Housing Law, and Law on Real Estate Business.
Deputy Prime Minister Ho Quoc Dung has been assigned to direct the completion of the draft amended Land Law. The Minister of Agriculture and Environment is authorized to represent the Government in signing and submitting the draft legislation to the National Assembly at its second session of the 16th legislature.
The continued requirement for notarization in land use rights transfers, together with efforts to develop and connect land databases, highlights the importance of transaction authenticity and legal certainty in the ongoing development of Vietnam’s real estate legal framework.
Le Trieu