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Administrative procedures

Authenticate the contract, transaction relating to personal property, housing and land use right.
Update day:12-12-2016

 

- Order of execution:

+ The applicant submits 01 set of documents for authentication.

+ The verifier inspects documents for authentication as stipulated, if such documents are in full, at the time of authentication, the parties join the contract, transaction voluntarily, are lucid and aware and control their behaviours, authentication is made.

+ The relevant parties shall sign in witness of the verifier. If the person competent to sign the contract of the credit institutions, companies registered his/her sample signature in the authentication agency, he/she can enter in the contract in advance, the verifier shall compare his/her signature in the contract to sample signature before authenticating, if it is doubled that signature in the contract is different from sample signature, the verifier will asks such person to sign in his/her witness.

+ If the applicant can not sign, he/she shall fingerprint; If such applicant can not read, hear, sign or fingerprint, 02 (two) witnesses shall be compulsory. Such witnesses shall have enough civil behaviours and not have rights, benefits or obligations relating to the contract, transaction.

+ The verifier records testimonials in respect to each type of contract, transaction in the form as stipulated; signs, records his/her full name, affixes with the seal of the authentication agency and inputs into the authentication register. For the contract, transaction whose term is 02 (two) months or more, each page shall be numbered, signed by the applicant and the verifier; a number of pages and testimonials are recorded in the last page of the transaction, contract. If the contract, transaction includes 02 (two) sheets or more, it shall be sealed.

+ If an interpreter is necessary, the interpreter is responsible for interpreting contents of the contract, transaction, testimonials of the applicant and sign each page of the contract as an interpreter in full correctly.

- Methods of implementation: Documents are submitted directly at the Division of Receiving and Returning results – People’s Committee at the commune level. Authentication of contracts, transactions relating to rights of land user is made at People’s Committee at the commune level where land is located. Authentication of contracts, transactions relating to housing is made at People’s Committee where housing is located.

 

- Composition, quantity of documents:

The applicant submits 01 (one) set of documents for authentication, including as follows:

+ Draft of contract, transaction;

+ Copy of valid ID card or Passport of the applicant (presented together with its original for comparison).

+ Copy of certificate of ownership and use right or copy of alternative as stipulated by the laws for the asset whose ownership, use right shall be registered under the laws if the contract, transaction relates to such asset (presented together with its original for comparison).

 

- Term of settlement:

Not over 02 (two) working days, after receiving all documents for authentication or can be prolonged as agreed in writing with the applicant.

- Object of implementation: Individual, organization

- Implementing agency: People’s Committee at the commune level

- Results of implementation: The contract, transaction is verified.

 

- Fee (if any): None

 

* Fee for authenticating the contract, transaction relating to real estate is determined under the value of assets of the contract, transaction value:

+ Fee for authenticating for the contracts, transactions (contract for transferring, giving land use right, contributing capital by land use right (calculate under the value of land use right); contract for transferring, giving use right of land with assets attached to land, contributing capital by use right of land with assets attached to land (calculate under total value of use right of land with assets attached to land); asset mortgage contract (calculate under value of assets; if asset mortgage contract specifies loan value which is smaller than value of collateral, calculate under loan value) as follows:

No

Value of asset or contract, transaction

 

 

Fee

 

(VND/case)

1

Below 50 million dong

50,000

2

From 50 million dong to100 million dong

100,000

3

From over  100 million dong to500 million dong

300,000

4

From over  500 million dong to1 billion dong

500,000

5

From over  1 billion dong to 2 billion dong

1,000,000

6

From over  2 billion dong to 3 billion dong

1,200,000

7

From over  3 billion dong to 4 billion dong

1,500,000

8

From over  4 billion dong to 5 billion dong

2,000,000

9

From over  5 billion dong to 10 billion dong

2,500,000

10

Over 10 billion dong

3,000,000

+ Fee for authenticating the lease contract of land use right, housing (calculate under total rental) as follows:

No

Value of contract, transaction

 

Fee

 

(VND/case)

1

Below 50 million dong

40,000

2

From 50 million dong to 100 million dong

80,000

3

From over  100 million dong to 500  million dong

200,000

4

From over  500 million dong to 1 billion dong

400,000

5

From over  1 billion dong to 2 billion dong

800,000

6

From over  2 billion dong to 3 billion dong

1,000,000

7

From over  3 billion dong to 4 billion dong

1,200,000

8

From over  4 billion dong to 5 billion dong

1,500,000

9

From over  5 billion dong to 10 billion dong

1,700,000

10

Over 10 billion dong

2,000,000

+ For contracts, transaction for use right of land, asset whose price as agreed is higher than value as stipulated by the competent state agency, value of land use right, value of asset for calculating authentication fee is determined as agreed by the parties in such contracts, transaction; if land price, asset price as agreed by the parties is smaller than price as stipulated by the competent state agency at the time of authentication, value for calculating authentication fee is calculated as follows: Value of land use right, asset value for calculating fee = land area, quantity of assets as mentioned in the contracts, transactions (x) price of land, asset as stipulated by the competent state agency.

     *Fee for authenticating the contract, transaction not calculated under the value of asset, value of contract, transaction is stipulated as follows:

No

Item

 

Fee

 

(VND/case)

1

Authentication of contract for transfer of agricultural land use right

40,000

2

Authentication of contract for real estate auction

100,000

3

Authentication of guarantee contract

100,000

4

Authentication of authorization contract

40,000

5

Authentication of power of attorney

20,000

* Fee for authenticating the contract, transaction relating to personal property is: 40,000 VND/case.

- Name of form: None

- Requirements, conditions of implementation (if any): None

 

- Legal bases:

 

+ Decree No 23/2015/ND-CP dated February 16, 2015 of the Government on issuing copy from the original, authenticating signature and authenticating the contract, transaction.

+ Joint Circular No 62/2013/ TTLT-BTC-BTP on guiding collection level, regimes of collecting, submitting, managing and using fee of authenticating the contract, transaction.

 

 

 

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