Vietnam: Is it mandatory to notarize the lease? How to notarize the contract?
Is it mandatory to notarize the lease in Vietnam?
Vietnam: Is it mandatory to notarize the lease? How to notarize the contract?
Pursuant to the provisions of Article 472 of the Civil Code 2015 of Vietnam on property lease contracts as follows:
Article 472. Contracts for lease of property
Contract for lease of property means an agreement between parties whereby a lessor delivers property to a lessee for use during a fixed term and the lessee is required to pay rent.
Lease contracts of houses or lease contracts of houses for other purposes shall comply with this Code, the Law on Housing and relevant laws.
Referring to the provisions of Article 122 of the Law on Housing 2014 of Vietnam providing for notarization and certification of contracts and the effective time of housing contracts:
Article 122. 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 provisions of current law, the residential lease contract must be made in writing based on the needs and agreements of the parties, but must fully meet the provisions of law. For residential lease contracts, it is only necessary to make in writing, signed by the parties. The notarization and certification of residential lease contracts is not mandatory, in case the parties need notarization and attestation, the parties can notarize and certify the residential lease contract.
What does the notarized dossier of the lease include in Vietnam?
Pursuant to Clause 1, Article 40 of the Law on Notarization 2014 of Vietnam, the notarized dossier includes the following documents;
Article 40. Notarization of ready-made contracts and transactions
1. A notarization request dossier shall be made in one set, comprising:
a/ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
b/ The draft contract or transaction;
c/ A copy of the personal identity paper of the notarization requester;
d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd/.Copies of other papers related to the contract or transaction as required by law.
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What is the procedure for notarizing a lease in Vietnam?
Pursuant to Clauses 3, 4, 5, 6, 7 and Clause 8, Article 40 of the 2014 Law on Notarization of Vietnam provides for notarization procedures such as:
- A notary shall check the papers in a notarization request dossier. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record it in the notarial register.
- Notaries shall guide notarization requesters to comply with regulations on notarization procedures and relevant regulations on performance of contracts and transactions; clearly explain to notarization requesters their rights, obligations and lawful interests as well as the significance and legal consequences of their entry into contracts or transactions.
- When having grounds to believe that a notarization request dossier contains unclear matters, the contract or transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarization requester, or the object of the contract or transaction has not yet been specifically described, a notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the matters cannot be clarified, the notary has the right to refuse to notarize.
- A notary shall check the draft contract or transaction; if the draft contains some articles and clauses contrary to law or social ethics or the object of the contract or transaction is incompliant with law, he/she shall point them out for the notarization requester to modify. If the notarization requester fails to modify, the notary has the right to refuse to notarize.
- The notarization requester shall himself/herself read again the draft contract or transaction or request the notary to read it.
- If agreeing with the whole contents of the draft contract or transaction, the notarization requester shall sign every page of the draft. The notary shall request the notarization requester to produce the originals of the papers specified in Clause 1 of this Article for comparison before writing testimonies and signing every page of the contract or transaction.
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