Vietnam: What is the latest form of car rental agreement in 2022? Does the lessee have an obligation to assure utility value of leased property in Vietnam?
What is the latest form of car rental agreement in Vietnam?
According to Article 472 of the Civil Code 2015, a contract for lease of property (car rental agreement) 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.
The latest form of car rental agreement in Vietnam:
Download car rental agreement form: Click here.
Vietnam: What is the latest form of car rental agreement in 2022? Does the lessee have an obligation to assure utility value of leased property in Vietnam? (Image from the internet)
What are the instructions for preparing a car rental agreement in Vietnam?
- The lessor: Can be an individual (the car can be a joint property of a husband and wife, a separate property of an individual, …), an organization (a company with a car business function, car rental). ….).
+ If it belongs to a husband and wife, it is necessary to have a full signature and personal information such as: Full name, year of birth, ID card or citizen identification or passport (with information on number, date of issue, issuing authority), household address, contact address, phone number...
+ If it belongs to an individual, it is necessary to have that individual's signature and personal information as above
+ If it belongs to an organization, it must clearly state the information of that legal person on the business registration paper (business code, issuing agency, date of first registration, date of change of registration information, address of head office, representative...) with information about the representative
- The lessee :
Same as the lessor. However, the lessee can be just an individual or a company with a vehicle business function. Therefore, we also need to provide full information about the individual or organization's identity with the legal or authorized representative.
- Features of the car
Record all the contents of a car including: chassis number, engine number, paint color, license plate, date of issue, ...
- Car rental agreement
+ Purpose of car rental: diverse and rich depending on the needs of the parties. In particular, there are some basic purposes such as: self-driving car rental, car rental for business, tourist car rental, car rental for travel purposes ....
+ Price: The price includes both numbers and words, may include fuel for moving vehicles, tolls, driver's rent.... depending on the agreement of the parties and depending on the type of lease agreement.
+ Payment method: Can be by cash or bank transfer, can be paid immediately after signing the agreement or in installments…. subject to the agreement of the parties. However, the agreement should clearly state, specifically and in detail this issue.
+ Lease term: As mentioned above, the purpose of renting a car is very diverse. Therefore, depending on different purposes to agree on different lease terms. However, the lease term should be clearly stated from day, month, year to which day, month and year. In addition, it is also advisable to specify the time of delivery and return of the vehicle (if any).
- Commitment of the parties:
This section states the rights and obligations of the parties, the assurance that the vehicle information is true, the ownership and use of the vehicle belongs to the lessor….; Agreement on dispute settlement method if there is a conflict…; Agreement on agreement extension….
In addition, the last part should state how many copies the agreement is made, specifying numbers and words. Each party should keep the same number of copies of the agreement to avoid disputes in the future, with supporting documents.
What is the obligation to assure utility value of leased property in Vietnam?
Pursuant to Article 477 of the Civil Code 2015, the obligation to guarantee the use value of the leased property is as follows:
- A lessor must assure that leased property is in the condition agreed and is suitable for the purpose of the lease agreement for the entire term of the lease. The lessor must repair any damage to or defect in the leased property, with the exception of minor damage which the lessee must repair in accordance with customary practice.
- Where the utility value of leased property decreases otherwise than due to the fault of the lessor, the lessee has the right to demand the lessor:
+ Repair the property;
+ Reduce the rent;
+ Replace the property or, if the leased property is beyond repair and the purpose of the lease is not able to be achieved as a result or if the property has defects which the lessee did not know of, the lessee may terminate unilaterally the performance of the agreement and demand compensation for damage.
- Where a lessee demands repair but the lessor fails to repair in time or at all, provided that the lessee informs the lessor, the lessee has the right to repair personally the leased property and has the right to require the lessor to reimburse the costs of repair.
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