Is it possible to annul a notarized contract?

FDVN’s opinion:

Thank you for trusting and sending your requirements to FDVN Law Firm (“FDVN”). After researching the legal regulations, FDVN would like to respond to your question as follows:

Clause 1, Article 51 of the Law on Notary 2014 stipulates 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.”

Thus, the above-mentioned notarized contract of land use right donation can only be annulled when the sprouses and your child have a written agreement and commitment on this annulment.

In case, the spouses and your child agree on the annulment of the notarized contract, you must carry out the annulment procedure at a notary office performing that notarization.

If the notarial performing the notarization has terminated its operation or been transformed, transferred or dissolved, a notary office of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction according to Clause 2, Article 51 of the Law on Notarization 2014.

The notarization procedure on annulling a notarized contract is the same as the contract notarization procedure. Then, the spouses and your child must prepare the documents as prescribed in Clause 1 of Article 40 of Law on Notarization 2014.

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

In case, the spouses and your child have not yet drafted an agreement and commitment on this annulment of the notarized contract of land use right donation, you may clearly state your intention to the notary office. If the intention is authentic, legal and does not violate social ethics, the notary office will draft an agreement and commitment on this annulment of the notarized contract.

Above is FDVN Law Firm’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

By Nguyen Thi Suong – FDVN Law Firm

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