On January 8, 2020, the Government issued Decree 08/2020 / ND-CP on the organization and operation of the huissier (This is original name in French, full name “Huissier de Justice”).
Accordingly, the remarkable content is the regulation on banning huissiers from committing acts equal to “buying and selling real estate.” Details according to Clause 4, Article 37 of Decree 08/2020:
“Article 37. Cases that are not recognized by real behavior/event confirmation letter
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4. Confirming the contents and signing of contracts and transactions prescribed by law within the scope of notarization and authentication activities; certifying the accuracy, legality and non-social morality of the translation of papers and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese; confirm the signature and copy true to the original. ”
  Thus, real estate transactions through manual paper will not be legally valid despite being bailed out by the huissier. Because, under the provisions of the 2013 Land Law, it is imperative that a contract of transfer, gift, mortgage, or capital contribution with land use rights, land use rights and assets attached to land must be notarized or certified. , except for cases of real estate business specified at Point b, Clause 3, Article 167 of the 2013 Land Law.
It can be seen that, Decree 08/2020 prohibits huissiers from redistributing property in cases where hand-in-hand property buyers and sellers are completely consistent with reality, contributing to preventing real estate transactions. In contravention of the law, people will say no to buying real estate with hand papers to avoid damage to themselves and related legal risks.
Decree 08/2020 takes effect from February 24, 2020.