Notarization or authentication is not required for all types of housing contracts

Article overview

Notarization of housing contracts is not required as one of the new regulations updated under the Law on Housing 2023. This regulation applies to a number of specific types of housing transactions, including cases of buying, selling, and leasing public housing, and transactions involving the organization. The following article will analyze in detail the types of housing contracts that do not require notarization or authentication according to current legal regulations.

Notarization or authentication is not required for housing contracts
Notarization or authentication is not required for housing contracts

All types of housing contracts must be notarized and authenticated

Article 164 of the Law on Housing 2023 clearly stipulates notary obligations in housing transactions. The law specifically identifies cases where notarization and authentication are required. Notarization ensures compliance with regulations and the rights of the parties participating in the transaction.

Contracts that require notarization include:

  • Housing purchase and sale contracts between individuals
  • Housing purchase and lease purchase contracts (except for housing on public property)
  • Contract for donating a house (except for the case of giving a house for gratitude)
  • Housing exchange contract between individuals
  • Housing capital contribution contract (unless an organization participates)
  • Residential mortgage contract.

Notarization is performed at competent notary practice organizations. The parties participating in the transaction must provide complete documents proving their ownership and legal capacity. The effective date of the contract is calculated from the date of completion of the notary work.

Residential mortgage contract
Residential mortgage contract

What types of housing contracts are there?

Pursuant to Article 162 of the Law on Housing 2023, regulations on types of housing contracts. Each type of contract has its own characteristics and legal requirements. Classification helps clearly define the rights and obligations of the parties.

Types of housing contracts include:

  • Housing purchase and sale contract
  • Housing lease purchase contract
  • Housing rental contract
  • Housing donation contract
  • Housing exchange contract
  • Residential mortgage contract
  • Housing capital contribution contract
  • Housing loan contract
  • Contract for stay and housing management authorization.

Each type of contract needs to comply with mandatory provisions according to regulations. Participating parties must clearly define rights and responsibilities. Choosing the appropriate type of contract helps protect the interests of both parties.

Summary of types of housing contracts that do not require notarization or authentication

Clause 2, Article 164 of the Law on Housing 2023 details the cases where notarization is not required. These transactions often involve public assets or involve organizations. The parties can agree on notarization if needed.

Contracts that do not require notarization include:

  • Contract to donate to a house of gratitude, a house of love, a house of great solidarity
  • Contracts for purchase, sale, and lease purchase of public housing
  • Housing purchase and lease purchase contracts in which one party is an organization, including: social housing, housing for the people’s armed forces, housing for resettlement
  • Contract to rent, borrow, or stay in housing
  • Housing management authorization contract.

The effective date of these contracts is agreed upon by the parties. If there is no specific agreement, the contract takes effect from the time of signing.

Housing contract for resettlement
Housing contract for resettlement

Consulting and support services on notarization procedures and authentication of housing contracts in Long Phan

Long Phan provides comprehensive consulting services on housing notarization procedures. Services include consulting, drafting and performing notarization procedures. Main services:

  • Consulting on choosing the appropriate contract type
  • Consulting on valid conditions of contracts related to housing
  • Consulting and guidance on checking the legality of housing before conducting transactions
  • Instructions for negotiating and signing housing contracts
  • Provide contract templates related to standard residential housing
  • Draft a housing contract with all important contents
  • Consulting and supporting standard documents and notarized documents for housing contracts
  • Instructions on procedures for notarizing housing contracts
  • Representative to carry out notarization procedures for customers
  • Answer questions related to housing.

Long Phan provides optimal solutions for all customers’ housing transaction needs. Customers need detailed advice on types of housing contracts and notarization procedures, Long Phan is ready to support 24/7. Our team of experts will analyze the specific case and propose the most suitable solution. Contact the hotline immediately 0906735386 for quick advice and support with housing procedures.