1. Is it possible to make a deed of donation for land use rights?

Bailiff is known as a title that refers to the person appointed to carry out service, prepare documents to verify conditions and organize civil judgment enforcement. Individuals who are Bailiffs must fully meet the standards appointed by the state to perform these activities and fall within the provisions of Decree No. 08/2020/ND-CP and related legal documents. . Currently, making a certificate is just one of the tasks a bailiff is allowed to do. The purpose of making a certificate is to record real events and acts that actually took place directly by the bailiff. Witness and proceed at the request of individual agencies and organizations.

To be able to explain the question of whether making a deed of donation of land use rights is recognized by law or not, we must also consider the procedural order to carry out the donation of land use rights. What documents can be used to complete the procedure for donating land use rights?

– According to the provisions of the 2013 Land Law, when transferring land use rights through donation, the land must ensure basic conditions such as having a land use right certificate, except for some cases specified in Clause 3, Article 186 and cases of inheritance according to the provisions of Clause 1, Article 168 of this law; Besides, the land must also be legally guaranteed not to be in dispute with any individual or organization; Land use rights have not been distrained to ensure judgment enforcement and are still within the period of use allowed by the state.

The donation of land use rights, land use rights and assets attached to land must be made into a donation contract. This is the first stage to complete the transfer of title through the donation of land use rights. But it should be noted that contracts donating land use rights to assets attached to land must be notarized or authenticated at a notary practice organization or the commune-level People's Committee. In addition, in Clause 4.5, Article 37, Decree 08/2020/ND-CP also recorded cases in which it will not be possible to prepare a certificate, including:

+ Carry out confirmation of content and signing of transaction contracts as prescribed by law within the scope of notary and authentication activities; The bailiff arbitrarily confirms the accuracy, legality, and not contrary to social ethics of translations, papers, and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese; Confirming the copy's signature is true to the original is also not within the authority of the bailiff to establish a certificate;

+ The recording of behavioral events to transfer the right to use ownership of land and assets without documents proving the right to use ownership rights in accordance with the provisions of law.

With the above regulations, the Bailiff will be prohibited from making deeds in cases related to confirming the content of signatures in land use rights donation contracts. The act of intentionally confirming the content of the signature in this contract may result in the bailiff being held legally responsible, which is an administrative penalty.

 Thus, an individual who wishes to donate land use rights in terms of procedures must make a donation contract and must have it notarized for authentication. The individual chooses to make a deed to carry out this procedure. There will be no legal value for the name transfer on the land use rights certificate because this is not an administrative procedure that ensures property value. Individuals and organizations can choose to create a deed related to the donation of land use rights through the act of creating a deed recording the signing of a donation contract.

2. How to donate land use rights legally:

To be able to donate land use rights, an individual must not only ensure the conditions recorded in legal documents related to land, but the procedures to carry out this donation must also be followed. are followed in a certain order. The donation of land use rights in accordance with the law must be carried out in the following stages:

Notarization of the donation contract is the first step that must take place if there is a request to donate land use rights. As noted in Clause 3, Article 167 of the 2013 Land Law, contracts donating land use rights or land use rights and assets attached to land must be notarized and authenticated at a competent authority. If an individual chooses to notarize at a notary practice organization, they need to prepare documents to request, including documents such as: notarization request form; draft donation contract drafted by the parties themselves; Can't even draft it yourself so you can use the donation contract provided by the notary practice organization; Prepare additional personal documents such as valid citizen identification cards; Copy of land use right certificate and other documents related to the donation contract.

After the donation contract has been notarized and certified as legal, the individual will proceed with the procedure to transfer the certificate in the correct order. The agency to carry out the procedure to transfer the name of the certificate is the Land Use Rights Registration Office under the Department of Natural Resources and Environment. In a transaction of donating land use rights, if an individual finds it necessary to prepare a deed to prove that the transaction between individuals is legal and used as a basis for actual implementation between Parties can choose to do this to support the process of being granted land use rights certificates through donation.

3. Risks for individuals choosing to make a deed to donate or transfer land use rights:

As analyzed above, preparing a deed is just one of the activities that can support the donation of real estate. The value of a deed related to buying and selling real estate or donating real estate is only used to record related events such as confirming the status of real estate; Confirm time and location of money delivery, record deposit event; records the event that a donation contract has been signed between the parties. To complete the procedure for donating land use rights, it is required to sign a donation contract and have it notarized. Therefore, when an individual chooses to make a deed with the purpose of replacing a notarized land use rights donation contract, this activity will not have legal value. Obviously, this will lead to risks in the process of carrying out transactions.

In fact, if an individual wants to donate land use rights but changes his or her mind and does not want to donate to another individual, if a dispute arises here, the stage of preparing documents and procedures for donation must be considered. give. In this case, the individual prepares a deed, of course the value of this document will not be effective, leading to the donation of land use rights also being terminated because it is not legally guaranteed. Leads to affecting the rights of the recipient.

Expanding the issue of conducting real estate buying and selling transactions using documents, the risks faced can become much greater. Because the property owner can still proceed to establish a real estate transfer certificate while this property may be mortgaged at a credit institution or mortgaged to transfer to another individual who can in a situation where people write by hand. According to the provisions of Clause 2, Article 117, Article 122 of the 2015 Civil Code, it is noted that house buying and selling transactions using a deed will be invalid or due to non-compliance with the law regarding the form of the transaction.

Legal documents used in the article:

– Civil Code 2015;

– Land Law 2013;

– Decree No. 08/2020/ND-CP of the Government: On the organization and operation of bailiffs.