Does the lease agreement have to be notarized or authenticated? What are the contents of lease agreement in Vietnam?
Does the lease agreement have to be notarized or authenticated?
In Article 122 of the 2014 Law on Housing in Vietnam on notarization and authentication of agreements and effective date of housing agreements as follows:
Notarization and authentication of agreements and effective date of housing agreements
1. Regarding agreements on housing sale, giving, exchange, capital contribution, mortgage, or transfer of agreement on commercial housing sale, it is required to notarize or authenticate the agreement, except for cases prescribed in Clause 2 of this Article.
Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be the date on which the agreement is notarized or authenticated.
2. Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement.
Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.
3. The documents on housing inheritance must be notarized or authenticated as prescribed in law on civil.
4. The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.
Thus, according to the above provisions, for lease agreements, notarization or authentication is not required, unless otherwise agreed and requested by the parties.
Does the lease agreement have to be notarized or authenticated? What are the contents of lease agreement in Vietnam? (Image from the Internet)
What are the contents of lease agreement in Vietnam?
Article 121 of the 2014 Law on Housing in Vietnam provides for housing agreements as follows:
Housing agreement
A housing agreement shall be concluded by contracting parties and made in writing, including:
1. Full names of individuals, names of organizations and addresses of contracting parties;
2. Description of characteristics of the house and the piece of land attached to that house. Regarding agreements on apartment sale or lease purchase, contracting parties must state the common areas or common-using areas; private areas; floor area; purposes of the common areas or common-using areas in the apartment building according to approved design;
3. The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations;
4. Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase or transfer of agreements on housing sale;
5. Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
6. Rights and obligations of contracting parties;
7. Commitments of contracting parties;
8. Other agreements;
9. Effective date of the agreement;
10. Date of agreement;
11. Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.
Thus, the lease agreement must be made in writing and must contain the mandatory contents as prescribed above, in addition, the parties can agree on additional terms in the contract so that it is not illegal.
What are the cases of termination of lease agreement in Vietnam?
In Article 131 of the 2014 Law on Housing in Vietnam, cases of termination of lease agreement are as follows:
Terminating lease agreement
1. With respect to agreements on state-owned house lease, they shall be terminated if they are subject to one of cases prescribed in Clause 1 Article 84 of this Law.
2. With respect to agreements on non-state-owned house lease, they shall be terminated in one of the following cases:
a) The lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;
b) Both contracting parties agree to terminate the agreement;
c) The house for lease no longer exists;
d) The lessor does not live with anybody when he/she dies or is declared missing by the court;
dd) Any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes.
The lessor must notify the lessee of the termination of the lease agreement in writing 30 days in advance as prescribed in this Clause, unless otherwise agreed;
e) The agreement terminates as prescribed in Article 132 of this Law.
Thus, the termination of the lease agreement shall comply with the above provisions.
LawNet
