Thinh Tri Law Co., Ltd has been run for over 10 years with Certificate of Business Registration No.41.07.0575/TP/ĐKKHĐ issued by Ho Chi Minh city Department of Justice on the 16th of July, 2007.
Our head quarter is located at No.6 the 15th floor, LUX 6 Building, 2 Ton Duc Thang, Ben Nghe ward, District 1, Ho Chi Minh city which is in Ho Chi Minh city administration and finance center and nearby district 2, 3, 4, 5, Binh Thanh, Phu Nhuan. In addition, the company has these transaction office such as: district 3 transaction office adjacent to district 1, 10, Phu Nhuan and Tan Binh; district 7 transaction office adjacent to district 2, 4, 8, Nha Be, Binh Chanh and Dong Nai province; Cu Chi transaction office adjacent to Hoc Mon district, Trang Bang district (Tay Ninh province), Duc Hoa district (Long An province); Thinh Tri law Co., Ltd- Dong Phu branch in Binh Phuoc province is extremely convenient to the customers who need legal services.
Furthermore, to handle with any concerns of law promptly, we have extended our legal consultancy service through switchboard number 1800 6365 and via website: https//luatthinhtri.com.vn/. With the company motto "Serving from the heart", any enquiries about law will be received and clarified by senior lawyers, legal experts of Thinh Tri law.
Our lawyer team doesnt only have profound knowledge of law but also knows how to apply that knowledge into critical cases. Thus, we can help our customer to get legal benefit. Thinh Tri Law Co., ltd always attracts and motivate our personnel to have "a warm-heart", "clean hands" and "an ice head" accompany with sensitive brain as well as passion, patience and compassion. In conclusion, our service will satify you with the highest quality.
On Behalf Of. Thinh Tri Law Firm
Lawyer PHAN THI DIEM HUONG
Lawyer- Director of Thinh Tri Law Limited Company
PhD in Law, Head of Appellate court of Central Military Court
BS in Law, Deputy Head of the professional division of commercial cases - Ho Chi Minh City People's Procuracy
PhD in Law, Head of Security Department in The Supreme People's Procuracy
BA in Law, Judge of Economic Court at Ho Chi Minh city People's Tribunal
PhD in Law, Senior Advisor, Head Lecturer, Dean of Law Department at HUFLIT
Notary, Judge of District 3 People's Court
PhD in Economics, Lawyer, Head of Business Legal Support Club, Commercial Arbitrator and Mediator
Lawyer, Deputy Director of Thinh Tri Law Limited Company
On February 1st, 2017, I have purchased a land parcel of mr.A without being notarized and authenticated of the authorized organization. At that time, I paid mr.A one- third of land value. In 2020, mr.A found that land value is increased gradually so that he asked me to get that parcel back. I didn’t accept so mr.A suits me at the Law Court to announce that the hand written contract that we made is invalid in term of law. I would like to know if our handwritten contract valid or invalid? What should I do to protect my right and benefit?
In this case, our answer is:
According to Article 167, clause 3, point a of Law on Land 2013:
“3. Document and paper notarizing and authenticating that perform the rights of the land user will be as follows:
a) “Contract of transfer, donation, mortgage, investment by land use right, land use right and assets attached to land must be notarized or authenticate”.
Your provided information is not clear so we will divide into these below cases:
Case 1: If you paid two- third of the land value in 2020:
According to Article 129, clause 2 of Civil Law 2015, invalid civil transaction due to non- compliance with the required form is prescribed as follows:
“Article 129. Invalid civil transaction because of non- compliance with the required form.
2. “In case of a civil contract that has been signed but not meet requirement of notarization and authentication, if one party or both parties has completed two- third of responsibilities in transaction, the Law court will certify the validity of the contract based on the party’s request. In this case, both parties must not to notary or authenticate.”
Thus, even though your handwritten contract is not notarized or authenticated as regulation, you already paid two- third of land value for mr.A. Therefore, this transaction as well as the contract is legally valid. You don’t need to notary or authenticate the contract but complete the rest of the payment for mr.A.
Case 2: In 2020, you don’t complete at least two- third of the land value in the contract for mr.A
Your handwritten contract is not notarized or authenticated as regulation of law. Furthermore, you only paid one- third of the land value in the contract for mr.A. Therefore, the handwritten contract is legally invalid.
However, it is lawful for one of parties suits the other at an assigned time in which that party asks the Law court to certify the invalid civil transaction due to non- compliance with the required form. Specifically, in Article 132, clause 1, point đ of Civil Law 2015, the statute is 2 years from the civil transaction confirmation day, if the statute is over but no one asks for announcing the invalid civil transaction, that civil transaction will be valid. Thus, currently, the statute for asking the Law court to cancel the validity of that handwritten contract is over. In conclusion, handwritten contract between you and mr.A is valid and you need to complete the rest of payment for mr.A.