How to cancel the notarized contract on land purchase?

Last December, I sold a land to my friend. After agreeing on the price, we mutually signed a contract and we get that contract notarized on December 10, 2019. Now, due to some economic problems, my friend couldn’t afford this land anymore. We decided to cancel this contract. However, I still wonder if I can cancel a notarized contract and if the cancellation affects my land?

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

It is mentioned in Clause 1, Article 51 of the Law on Notarization 2014 that: “The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction”. Accordingly, the cancellation of a notarized contract shall be conducted when there is a written agreement or commitment between the parties. In your case, if you and your friend mutually agreed on the cancellation of this contract, this notarized contract can be canceled.

Besides, according to Clause 2 and 3, Article 51 of the Law on Notarization 2014:

“2. The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.

3. Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.”

The procedure of canceling a notarized contract is mentioned in the Law on Notarization 2014. FDVN concludes it for your reference:

Step 1: You shall submit the application for the cancellation to the Notary Office notarized the contract. The notary checks the documents.

The application consists of:

- A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; the name of the notarial practice organization, the full name of the dossier recipient, and time of dossier receipt;

- The draft contract or transaction;

-  A copy of the personal identity paper of the notarization requester;

-  A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;

- Copies of other papers related to the contract or transaction as required by law.

When the dossier is complete and valid as prescribed by law, the notary shall accept it and record it in the notarial register.

When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.

 If the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.

Step 2:  The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.

Step 3: If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers for comparison before writing testimonies and signing every page of the contract or transaction.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Thanh Tra

FDVN Law Firm

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