What is the latest form of contract for sublease of land use rights in Vietnam? What are the rights and obligations of the parties?
What is the current form of contract for sublease of land use rights in Vietnam?
Pursuant to form No. 7 of the Appendix issued with Decree No. 02/2022/ND-CP stipulating as follows:
Download the contract form: Click here.
What is the latest form of contract for sublease of land use rights in Vietnam? What are the rights and obligations of the parties?
What are the rights and obligations of the sublessor of land use rights in Vietnam?
Pursuant to Article 46 of the 2014 Law on Real Estate Business in Vietnam stipulating as follows:
Rights and obligations of contracting parties in the sublease agreement
Rights and obligations of sublessor and sublessee shall be complied with regulations in Article 42, 43, 44 and 45 of this Law.
According to that, the sublessor of land use rights will have the following rights under Article 42 of the 2014 Law on Real Estate Business in Vietnam as follows:
Rights of the lessor
1. Request the lessee to use the land for proper purposes, land-use planning, investment projects and agreement specified in the agreement.
2. Request the lessee to pay off the total amount by the deadline with the method under the agreement.
3. Request the lessee to terminate the improper land use, land destruction or land deterioration; if the lessee has not stopped committing violations, the lessor is entitled to unilaterally terminate the agreement performance and request the lessee return the land and pay compensation for damage.
4. Request the lessee to return the land when the lease term expires.
5. Request the lessee to pay compensation for damage caused by the lessee’s fault.
6. Exercise other rights specified in the agreement.
The obligations of the sublessor of land use rights shall comply with Article 43 of the 2014 Law on Real Estate Business in Vietnam as follows:
Obligations of the lessor
1. Provide sufficient and truthful information about the land and take responsibility for supplied information.
2. Transfer the proper area, location and condition of land as specified in the agreement to the lessee.
3. Register the land lease.
4. Check and warn the lessee about land protection and proper land use.
5. Fulfill financial obligations to the State as prescribed in regulations of law.
6. Notify the lessee of rights of a third person towards the land which is leased.
7. Pay compensation for damage caused by the lessor.
8. Fulfill other obligations specified in the agreement.
Thus, the sublessor of land use rights will have the rights and obligations as stipulated above.
What are the rights and obligations of the sublessee of land use rights in Vietnam?
Pursuant to Article 46 of the 2014 Law on Real Estate Business in Vietnam stipulating as follows:
Rights and obligations of contracting parties in the sublease agreement
Rights and obligations of sublessor and sublessee shall be complied with regulations in Article 42, 43, 44 and 45 of this Law.
According to that, the sublessee of the land use right will have the following rights under Article 44 of the 2014 Law on Real Estate Business in Vietnam as follows:
Rights of the lessee
1. Request the transferor to provide sufficient and truthful information about the land.
2. Request the lessor to transfer the proper area, location and condition of land as specified in the agreement to the lessee.
3. Use the leased land within agreed duration.
4. Use the leased land and enjoy achievements and investment results on the leased land.
5. Request the lessor to pay compensation for damage caused by the lessor’s fault.
6. Exercise other rights specified in the agreement.
Obligations of the sublessee of land use rights shall comply with Article 45 of the 2014 Law on Real Estate Business in Vietnam as follows:
Obligations of the lessee
1. Use the land for proper use, limit, and duration.
2. Do not deteriorate the land.
3. Pay rent in full by the deadline with the method under the agreement.
4. Conform to regulations on environment protection; do not infringe the lawful rights and benefits of neighbor's land users
5. Return the land on schedule with the condition specified in the agreement.
6. Pay compensation for damage caused by the lessee.
7. Fulfill other obligations specified in the agreement.
Thus, the rights and obligations of the sublessee of land use rights shall comply with the above provisions.
LawNet
