Joint Circular No. 04/2006/TTLT-BTP-BTNMT dated June 13, 2006 of the Ministry of Justice and the Ministry of Natural Resources and Environment guiding the notarization and authentication of contracts and documents on exercise of land users' rights

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Issuing body:	Ministry of Justice; Ministry of Natural Resources and Environment	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	04/2006/TTLT-BTP-BTNMT	Signer:	Uong Chu Luu; Mai Ai Truc
Type:	Joint Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	13/06/2006	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administration , Justice , Land - Housing

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THE MINISTRY OF JUSTICE - THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No: 04/2006/TTLT-BTP-BTNMT	Hanoi, June 13, 2006

JOINT CIRCULAR

GUIDING THE NOTARIZATION AND AUTHENTICATION OF CONTRACTS AND DOCUMENTS ON EXERCISE OF LAND USERS' RIGHTS

Pursuant to the November 26, 2003 Land Law;

Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law;

Pursuant to the Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law, and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;

Pursuant to the Government's Decree No. 75/2000/ND-CP of December 8, 2000, on notarization and authentication;

Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Justice Ministry;

Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

The Justice Ministry and the Ministry of Natural Resources and Environment hereby jointly guide the notarization and authentication of contracts and documents on exercise of land users' rights respectively by the notary bureaus and the People's Committees of communes, wards or district townships as follows:

I. GENERAL ISSUES

1. Regulation scope

1.1. This Circular guides the notarization by the notary bureaus and the authentication by the People's Committees of communes, wards or district townships of the following contracts and documents:

a/ Contracts on exchange, assignment, donation, rent or sublease of land use rights; contracts on mortgage of land use rights, contracts on mortgage of land use rights of a third party, which are called by the Land Law as guarantee with land use rights (called contracts on mortgage of land use rights); contracts on capital contribution with land use rights; testaments on bequeathal of land use rights, documents on division of land use right inheritance, documents on receipt of inheritance of land use rights in cases where receivers are sole heirs (hereinafter referred to as contracts and documents on land use rights);

b/ Contracts on purchase, sale, rent, donation or mortgage of assets attached to land; contracts on capital contribution with assets attached to land; testaments on bequeathal of assets attached to land; documents on division of inherited assets attached to land; documents on receipt of inherited assets attached to land in cases where receivers are the sole heirs (hereinafter referred to as contracts, documents on assets attached to land);

c/ Contracts on mortgage of assets to be formed in the future, which will be attached to land;

d/ Contracts and documents on land use rights and assets attached to land;

e/ Contracts on mortgage of the land use rights and future assets which will be attached to land.

The contracts and documents mentioned at Items a, b, c, d and e of this Point 1.1 shall be hereinafter referred to as contracts and documents on immovable property.

1.2. The certification of contracts and documents on immovable property in industrial parks, economic zones or hi-tech parks shall comply with the guidance at Point 2.3, Clause 2, Point 5.2 of Clause 5, Clause 6 of Section I and Clause 4 of Section II of this Circular.

2. Notarization and authentication of contracts and documents on immovable property

2.1. Contracts and documents on immovable property, of which the owners are domestic organizations, overseas Vietnamese, foreign organizations or individuals shall be notarized at notary bureaus.

2.2. For contracts and documents on immovable property of which the owners are households or individuals, such households or individuals may select forms of notarization at notary bureaus or authentication at the People's Committees of communes, wards or district townships where exists the immovable property.

2.3. Contracts and documents on immovable property in industrial parks, economic zones or hi-tech parks shall be certified at Management Boards of such industrial parks, economic zones or hi-tech parks (hereinafter called Management Boards).

3. Contracts and documents on immovable property

3.1. The parties entering into contracts or establishing documents on immovable property may compile by themselves or request notary bureaus or People's Committees of communes, wards or district townships, or Management Boards to compile such contracts or documents.

3.2. The contents of contracts or documents on immovable property shall not violate the provisions of law, shall not be contrary to the social ethics.

3.3. The compilation of contracts or documents on immovable property may be done with reference to forms of contract and document promulgated together with this Circular.

4. Responsibilities of the parties entering into contracts or establishing documents on immovable property

Parties entering into contracts or establishing documents on immovable property shall bear responsibility for:

4.1. The legality of the papers they produce;

4.2. The compliance with the principles on entry into contracts or establishment of documents under the provisions of the civil law.

5. Responsibilities of public notaries, presidents or vice-presidents of People's Committees of communes, wards or district townships

5.1. When making notarization or authentication, public notaries or presidents or vice-presidents of People's Committees of communes, wards or district townships shall bear responsibility for:

a/ The time and place of notarization or authentication;

b/ The civil act capacity of the parties entering into contracts or establishing documents on immovable property at the time of notarization or authentication;

c/ The non-violation of legal provisions and/or non-contradiction to the social ethics by the contents agreed upon by the parties in the contracts or the contents of the documents on immovable property;

d/ The signatures of the parties entering into contracts or establishing documents on immovable property.

5.2. When making certification, heads of Management Boards shall bear the same responsibilities as public notaries, presidents or vice-presidents of People's Committees of communes, wards or district townships mentioned at Point 5.1 of this Clause.

6. Responsibilities of land use right registration offices

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