CANCELLATION LETTER OF
NOTARIZED LAND USE RIGHTS CONTRACT
Figure 1. Thinh Tri Law - Procedures for canceling the notarized land use right transfer contract.
- In fact, there are many reasons why the parties have notarized the land use right transfer contract but canceled the contract and stopped performing. So if this is the case, what should you do? Let's follow Thinh Tri Law to follow the following article.
OUTLINES
1. Is it possible to cancel the notarized land use right transfer contract?
2. Notarized order of cancellation of land use right transfer contract.
3. The transfer contract cancellation form.
- The parties can proceed to cancel the notarized land transfer agreement, if all conditions are satisfied as prescribed by law.
- Pursuant to Clause 1, Article 52 of the Law on Notary 2014 specifically stipulates: Regarding the amendment, supplement and cancellation of the notarized contract as follows:
“Article 51. Notarization of amendments, supplements and cancellations of contracts and transactions
1. The notarization of amendments, additions or cancellations of notarized contracts or transactions can only be carried out when there is a written agreement and commitment of all participants in the contract or transaction."
- Therefore, in order to cancel the notarized land transfer contract, the following conditions must be met:
- The canceled notarized land use right transfer contract can only be performed when there is a voluntary agreement and commitment of the parties to the contract.
- The cancellation of a contract on transfer of land use rights and notarization of land transfer must be carried out at a notary practice organization that has notarized such contract; and must be done by the notary himself.
- In case a notarization practice organization has notarized the transfer contract but has terminated its operation or is dissolved, the notary of the notarial practice organization keeping records must cancel the transfer contract of land use rights. After the contract has been canceled, the parties must return to each other what was originally received.
→ More articles: Cancellation of deposit contract for transfer of land use rights without compensation..
Image 2. Thinh Tri Law - Order to cancel the notarized land use right transfer contract.
- Step 1: Prepare documents to cancel the land use right transfer contract
- Dossier to cancel the land transfer contract, including the following papers:
- Notarization request form;
- Transfer contract;
- Minutes of agreement on the cancellation of the transfer contract;
- Copy of ID card/CCCD/Passport of the notarization requester;
- A copy of the certificate of land use right;
- Copies of other documents related to the contract.
- Step 2: Submit your application to a notary practice organization
- Persons wishing to cancel a notarized land transfer contract must submit a dossier to a notary practice organization that has notarized the previous transfer contract.
- The notary receives the dossier and conducts the inspection; if it is complete and in accordance with the provisions of law, it shall be accepted and recorded in the notary book.
- Step 3: Proceed to cancel the transfer contract
- After the parties listen to the notary's explanation of their rights and obligations, and the legal consequences of the cancellation of the notarized land use right transfer contract; and the parties have re-read the contract. The parties to the transfer contract will confirm and agree to the contract cancellation and sign each page of the transfer contract.
- In case of a transfer contract where the transaction parties show signs of violating the law; the notary will conduct the verification or assessment. In case that sign cannot be clarified, the notary has the right to refuse to notarize.
➤ More articles
➤ Minimum land area when carrying out procedures for land parcel separation in Dong Nai province.
➤ Principles of granting certificates of land use rights and ownership of houses and other land-attached assets.
➤ Cases in which land use right certificates are granted for the first time..
➤ Issues when applying for a certificate of “land use right"
- Hope this article Thinh Tri Law will provide useful information for customers.
- For more details on the procedure for canceling the notarized land use right transfer contract, please contact us:
THINH TRI LAW FIRM
Hotline: 1800 6365
