HỢP ĐỒNG THUÊ ĐẤT CÓ CẦN CÔNG CHỨNG CHỨNG THỰC KHÔNG? / IS IT REQUIRED TO NOTARIZE OR CERTIFY A LAND

Situation: I intend to lease a parcel of land from Mr. B at a price of 10 million VND per month. However, Mr. B proposes that notarization or authentication is not necessary. So I would like to ask whether the current laws require a land lease contract to be notarized or certified.

Answer:

Pursuant to Points a and b, Clause 3, Article 27 of the 2024 Land Law, the notarization and certification of contracts and documents on the exercise of rights of land users shall be conducted as follows:

“a) Contracts on conveyance, donation, mortgage or capital contribution with LURs or rights to use land and property thereon must be notarized or certified, except for the case prescribed at point b of this clause;

b) Contracts on lease or sublease of LURs or rights to use land and property thereon, a contracts on exchange of agricultural LURs; contracts on conveyance and capital contribution with LURs or rights to use land and property thereon and property affixed to the land in which one party or all parties involved in transactions is/are a real estate business organization(s) must be notarized or certified at the request of the parties;”

According to the above provisions, contracts on lease or sublease of LURs shall be notarized or certified at the request of the parties.

This means that the law only requires Contracts on lease or sublease of LURs to be made in writing, but does not mandate notarized or certified.

This is FDVN's legal opinion regarding your inquiry, based on the study of relevant legal provisions. We hope this opinion is helpful to you.

FDVN lawyers.