Real estate purchase and sale contract form according to the latest 2025 law

The latest real estate purchase and sale contract form under the 2025 law has had many important changes after the Land Law 2024 took effect from August 1, 2024. This document establishes the rights and obligations between the buyer and the seller in a real estate transaction, protecting the legal rights of the parties involved. Complying with legal regulations in contract drafting helps avoid disputes and legal risks. The following article will provide detailed information about the latest real estate purchase and sale contract form.

What is a real estate purchase contract? Main content of this contract

Pursuant to the provisions of Article 500 of the Civil Code 2015, a land use rights contract is an agreement between the parties, according to which the land user converts, transfers, leases, sub-leases, donates, mortgages, contributes capital to the land use rights or exercises other rights as prescribed by the Land Law to the other party; the other party exercises rights and obligations under the contract with the land user.

Thus, it can be understood that a real estate purchase and sale contract is a legal agreement between the seller and the buyer to transfer land use rights and housing ownership. This is the basis for carrying out procedures for transferring names and registering land changes according to the provisions of the Land Law 2024.

The contract must show complete information about the parties involved, a detailed description of the land plot and assets attached to the land, transfer price, payment method, along with the rights and obligations of the parties.

The main contents of the contract include:

• Personal or legal information of the parties participating in the transaction;
• Detailed description of the land plot, housing, and assets attached to the land (area, location, land use right certificate number);
• Transfer price and specific payment method;
• Rights and obligations of the seller and buyer;
• Commitment to the legality of the property, no disputes, no distraint;
• Obligation to pay taxes and fees related to transactions;
• Provisions on resolving arising disputes.

The construction of the contract is based on current legal regulations to ensure the legality and protect the interests of the parties in the transaction. The content of the contract on land use rights must not be contrary to regulations on purpose of use, land use term, planning, land use plans and other rights and obligations according to the provisions of land law and other relevant laws.

Current real estate buying and selling conditions

Real estate sales transactions must meet strict legal conditions for the contract to be valid and avoid legal risks.

1. Subject conditions:

For sellers: Basic conditions for the real estate seller include having complete documents proving legal ownership of the property. The seller must be the legal owner or legally authorized to sell the property. The seller must have full civil capacity and not be subject to prohibited transactions according to the provisions of law.

For buyers:

• The buyer being an individual must have full civil capacity and not be subject to prohibition according to regulations.
• The buyer is an organization and must have legal status and operate legally in Vietnam.
• If the buyer is a foreigner, he or she must meet the conditions prescribed in the Law on Housing 2023 and the Land Law 2024.

In addition, sales transactions must be carried out voluntarily, without coercion, and without violating legal prohibitions.

2. Property conditions:

Pursuant to the provisions of Clause 1, Article 45 of the Land Law 2024, real estate can only be bought and sold when it meets the following conditions:

• There is a Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights, ownership of assets attached to land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating fields, exchanging plots, donating land use rights to the State, residential community and cases specified in Clause 7, Article 124 and point 1. a Clause 4, Article 127 of the Land Law 2024;
• The land is not in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration has taken legal effect;
• Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;
• During the land use term;
• Land use rights are not subject to temporary emergency measures according to the provisions of law.

3. Formal conditions:

Real estate purchase and sale contracts must be made in writing and must be notarized or authenticated at a notary organization according to the provisions of Article 27 of the Land Law 2024.

Latest real estate purchase and sale contract form

The latest real estate purchase and sale contract form is built based on the provisions of the Land Law 2024 and the Civil Code 2015. This contract is designed with all the necessary provisions to protect the rights of the parties and comply with current legal regulations. Using a standard contract form will help customers avoid unnecessary legal risks.

>>> DOWNLOAD: NEWEST FORM OF REAL ESTATE BUYING AND SELLING CONTRACT.

Is a real estate purchase and sale contract written by hand and not notarized valid?

According to current law, handwritten real estate sales contracts that are not notarized or authenticated will in principle be considered invalid. This is clearly stipulated in Clause 3, Article 27 of the Land Law 2024, according to which land use rights transfer contracts must be notarized or authenticated (except for some special cases related to real estate business organizations).

From a legal perspective, a handwritten land purchase and sale contract is considered a violation of the condition of formal validity. The Civil Code 2015 stipulates in Article 129 that contracts that violate regulations on form are void. However, the law also provides notable exceptions:

• First, if a party or parties have performed at least two-thirds of the obligations in the transaction, the Court may consider recognizing the validity of that contract at the request of one or more related parties. For example, the buyer has paid most of the land purchase price or the seller has handed over the land and the buyer has stabilized its use.
• Second, if the parties have fulfilled their obligations and the rights of third parties are protected, the Court can also recognize the validity of that contract.

However, recognizing the validity of a non-notarized handwritten contract through a court is a complicated, time-consuming and costly process, and the outcome depends on many factors and is uncertain.

In addition, in reality, handwritten contracts that are not notarized will face many difficulties when carrying out subsequent administrative procedures such as name transfer and ownership transfer at a competent state agency. These agencies often require contracts to be notarized or authenticated before receiving documents.

Therefore, to ensure legal safety and avoid risks of disputes, the parties should notarize or authenticate the land use rights transfer contract in accordance with the provisions of law. This not only protects the legal rights of the parties but also helps facilitate transactions when carrying out administrative procedures related to land use rights in the future.

Frequently asked questions

Below are some frequently asked questions about real estate sales contracts and real estate transactions, please refer to:

What are the tax obligations in real estate transactions under the Land Law 2024?

Tax obligations in real estate transactions in Vietnam usually include personal income tax for the seller (usually 2% of the transfer price), VAT where applicable, and registration fees for the buyer (0.5% of the real estate value). The Land Law 2024 maintains this basic tax structure but emphasizes stricter enforcement of accurate valuation to prevent tax evasion. Both parties should clarify in the contract who is responsible for which tax.

What is the process of transferring ownership after signing a sales contract?

After notarizing the contract, transferring ownership requires filing documents with the local Land Registry Office. Required documents include notarized contracts, land use rights certificates, tax payment receipts, and identification documents. Once approved, the new owner will receive an updated land use certificate. According to the Land Law 2024, this process must be completed within 30 days from the date of notarization of the contract.

Are there specific requirements on real estate contract execution time?

Yes, the Land Law 2024 stipulates that after notarizing the contract, the parties must complete the handover of property and register the change of ownership within 30 days. The contract should clearly stipulate the payment schedule, handover date, and deadline for completing administrative procedures. Failure to meet these deadlines may result in fines or the contract being void.

Under what conditions can a real estate purchase contract be canceled?

A real estate sale contract can be canceled if: one of the parties violates its contractual obligations; discovery of previously undisclosed disputed real estate; detect fraudulent or misleading information about legal status; or by mutual agreement of the parties. The Land Law 2024 more clearly stipulates the consequences of contract cancellation, including liability for compensation for damages.

Can foreigners buy real estate in Vietnam under the Land Law 2024?

According to the Land Law 2024, foreigners are still restricted when buying real estate in Vietnam. They are only allowed to buy housing in commercial housing developments and cannot own land. The maximum ownership term is 50 years and can be extended according to regulations. Foreigners are not allowed to buy houses in national defense and security areas and must make payments through credit institutions in Vietnam.

What is the difference between notarization and authentication of real estate sales contracts?

Notarization is performed by notaries at notary organizations, including checking the legality of the parties, documents and contract content. Authentication is usually performed by the Commune People’s Committee, which only confirms the signatures of the parties without checking the content. The Land Law 2024 requires real estate sales contracts to be notarized or authenticated, however notarization is often recommended because it provides greater legal assurance.

How to verify the legal status of real estate before signing a contract?

To verify the legal status of real estate, buyers should: check the original land use right certificate; Look up information at the Land Registration Office to confirm there are no disputes or distraints; Check land planning at the district People’s Committee; Verify there is no mortgage at the bank; and hire legal experts to assist. The Land Law 2024 has digitized many procedures, making verification more convenient through the online land information system.

Consulting services for drafting standard real estate purchase and sale contracts at Long Phan Consulting Company

Consulting services for drafting real estate purchase and sale contracts at Long Phan Consulting Company meet the need for legal safety in real estate transactions. With a team of experienced experts in the field of land and real estate, we are committed to providing comprehensive solutions, protecting the rights of our customers.

Long Phan Consulting Company’s services include:

• Consulting on real estate buying and selling conditions according to the latest regulations;
• Check the legality of records and papers related to real estate;
• Drafting real estate purchase and sale contracts in accordance with the law;
• Support notary procedures and contract authentication;
• Authorized representative in real estate buying and selling transactions;
• Consulting on tax obligations and fees in real estate transactions;
• Support procedures for registering changes and transferring ownership;
• Resolve problems and advice on how to resolve arising disputes (if any);

Our service will ensure that real estate purchase and sale contracts are established in accordance with the law. This is an important foundation for successful real estate transactions, avoiding disputes that may arise later.

Conclude

The real estate purchase and sale contract form according to the latest 2025 law is an important legal tool to ensure transparent and legal transactions. Customers need to fully comply with the conditions on the subject, form and content of the contract, and at the same time perform notarization and authentication according to regulations. To optimize your rights and avoid legal risks, please contact Long Phan Consulting Company via the hotline 0906735386 for consulting support and drafting accurate and effective real estate purchase and sale contracts.