What is the latest car rental agreement form in Vietnam? If rental cars are damaged through no fault of the lessee, what measures does lessee have right to request lessor to take in Vietnam?

What is the latest car rental agreement form in Vietnam?

A car rental contract can be understood as a property lease contract according to Article 472 of the 2015 Civil Code.

You can refer to the following car rental contract template:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

CAR LEASE CONTRACT

Number: …… – ……./HDTX

- Pursuant to the 2015 Civil Code;

- Pursuant to the 2005 Commercial Law;

- Based on the needs and supply capacity of the parties below.

Today, day ..month ..year ........, at ................. ................, we include:

LESSOR (hereinafter referred to as Party A)

Mr.: ................................ Born in: ...... .............

ID card/Citizen Identification card/Passport No.: ................................ by ................. ......... dated ....................

Permanent residence at: ................................................................. ................................. ............

Ms.: ................................ Born in: ...... .............

ID card/Citizen Identification card/Passport No.: ................................ by ................. ......... dated ....................

Permanent residence at: ................................................................. ................................. ............

LESSEE (Hereinafter referred to as Party B)

COMPANY ……………………………………………………………………………….

Certificate of business registration number: …………, issued by the Department of Planning and Investment ………….., registered for the first time on …………. registered for the 1st change on …………………….

Head office address: ……………………………………………………………………………………………….

Represented by Mr/Ms: ……………………. Position: ……………

ID card/Citizen Identification card/Passport No.: ................................ by ................. ......... dated ....................

The two parties have agreed and agreed to sign a car rental contract with the following specific terms:

Article 1. Characteristics and agreement of car rental

By this contract, Party A agrees to lease to Party B and Party B agrees to rent a car with the following characteristics:

Brand: ……………………… Number of types: ……………………

Range of vehicle: ………………. Color of paint: …………………

Phone number: ………………. Frame number: ……………………..

Number of seats: ……………… Vehicle registration is valid until: ……………………..

The car has license plate number ………… according to the car registration number ……… issued by …………….. dated ………… first registered on ………. named after ………….. at the address: …………

Inspection certificate No. …………… issued by Motor Vehicle Registration Center No. ……….., Vietnam Registry Department on …………………

- Party A undertakes that before signing this Contract, the car mentioned above:

+ No dispute over ownership/use rights;

+ Not bound by any Car Rental Contract in force.

- Party B undertakes: Party B is issued a driver's license of class ………….. number ………….. valid until …………………….. (if Party B is an individual)

Article 2. Car rental term

The lease term is …… (…………..) months from the date this Contract is signed

Article 3. Purpose of rental

Party B uses the above leased property for the purpose of …………

Article 4: Rent and payment method

The rental price of the above property is: ……………….VND/…………. (In words: ………….. VND per ………….) to be paid in current Vietnam Dong.

Payment method: Payment by …………………… and Party B must pay Party A the above car rental amount on …………………….

The delivery and receipt of the above amount is done by both parties and is responsible before the law.

Article 5: Method of delivery and return of leased property

At the end of the above lease term, Party B must return the above car to Party A.

Article 6: Obligations and rights of Party A

Party A has the following obligations:

a) Transfer the leased property in accordance with the agreement stated in the Contract;

b) Ensure the use value of the leased property;

c) Secure the right to use property for Party B;

Party A has the following rights:

a) Receive full rent by the agreed method;

b) Get back the leased property upon the expiration of the Contract;

c) Unilaterally suspend the performance of the Contract and demand compensation for damage if Party B commits one of the following acts:

- Do not pay rent in ……. consecutive months;

- Use the leased property for improper purposes; the purpose of the property;

- Lose or damaging the leased property;

- Repair, exchange or sublease to another person without the consent of Party A;

Article 7: Obligations and rights of the AGREEMENT

Party B has the following obligations:

a) Preserve the leased property as its own, must not change the status of the property, and may not sublease the property without the consent of Party A;

b) Use the leased property for the right use and purpose of the property;

c) Pay the property rent in full according to the agreed method;

d) Return the leased property on time and by the agreed method;

e) Bear all costs related to the vehicle during the rental process. In the process of renting a car, if Party B causes an accident or damage to the vehicle, Party B must immediately notify Party A and be responsible for repairing and restoring the vehicle to Party A's condition.

Party B has the following rights:

a) Receive the leased property as agreed;

b) Use the leased property in accordance with its uses and purposes;

c) Unilaterally suspend the performance of the property lease contract and demand compensation for damage if:

- Party A is late in delivering the property as agreed, causing damage to Party B;

- Party A delivers the leased property at the wrong price, the condition is as described in Article 1 of the Contract;

Article 8: Commitment of the parties

Party A and Party B are responsible before the law for the following commitments:

Party A undertakes:

- The information about this person, about the car mentioned above is completely true;

- Do not omit any member who has the same ownership of the car mentioned above to sign this Contract; If there is any complaint of a member who has the same ownership of the car above, Party A who signs/points in this Contract will take full responsibility before the law, including having to carry its own, common property to secure such liability;

- The car mentioned above is currently under the legal ownership and use of Party A, there is no dispute, is not bound in any way by existing transactions such as: Pledge, mortgage, guarantee, buy, sell, exchange, donate, lease, lend, contribute capital to the enterprise or any decision of a competent state agency to limit Party A's right to dispose;

- The conclusion of this Contract is completely voluntary, definitive, without deception or coercion;

- Properly and fully perform all agreements stated in this Contract;

Party B undertakes:

The legal and personal information stated in this Contract is true;

Have carefully considered, know well about the leased property;

Enter into this Agreement is completely voluntary, without deception or coercion;

Properly and fully perform all agreements stated in this Contract;

Both parties commit:

- The parties commit that all personal and property documents are genuine, issued with the correct authority, have intact legal value and have not been erased or altered. If wrong, the parties are fully responsible before the law, including taking common and separate assets to ensure the above commitment.

- If there are questions, complaints, or lawsuits that lead to the Contract being invalid (including partial invalidity), the parties are solely responsible before the law.

- At the time of signing, the parties are completely lucid, lucid, have full capacity for civil acts, and pledge to know clearly the identities and information about the people named in this Contract.

Article 9: Final provisions

If for an irreparable reason either party wants to terminate the contract ahead of time, it must notify the other party in advance ……. month.

……. (…….) month before this contract expires, the two parties must discuss the liquidation of the contract; If both parties want to continue renting a car, they will sign a new contract together or sign an addendum to extend the contract.

This contract takes effect from the time of signing by the parties. Any amendments and supplements must be in writing by both parties;

During the implementation of the Contract, if a dispute arises, the parties shall negotiate and resolve it on the principle of respecting each other's rights; In case the matter cannot be resolved, either party has the right to sue to request a competent people's court to resolve the matter according to the provisions of law.

Both parties have re-read the entire content of this Contract, understand and agree to all the content stated in the Contract, there are no problems. Party A and Party B have voluntarily signed/stamped/fingerprinted this Contract.

The contract is made into ……(……) copies with equal legal value, each party keeps …. copy as evidence.

Note: The above contract is for reference only.

If rental cars are damaged through no fault of the lessee, what measures does lessee have right to request lessor to take in Vietnam? 

Article 477 of the 2015 Civil Code stipulates obligation to assure utility value of leased property as follows:

Obligation to assure utility value of leased property

1. A lessor must assure that leased property is in the condition agreed and is suitable for the purpose of the lease contract 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.

2. 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:

a) Repair the property;

b) Reduce the rent;

c) 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 contract and demand compensation for damage.

3. 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.

Thus, if the rented car is damaged through no fault of the lessee, the lessee has right to request the lessor to take the following measures:

- Vehicle repair;

- Reduced rental rates;

- Change to another car or unilaterally terminate the car rental contract and request compensation for damages, if the rented car has defects that the lessee does not know or the rented car cannot be repaired, thus the rental purpose is not achieved.

Does the car lessee have to pay a fine for late return of car in Vietnam?

Article 482 of the 2015 Civil Code provides for return of leased property as follows:

1. A lessee must return leased property in the same condition in which it was received, normal wear and tear excepted, or in the condition agreed. If the value of the leased property has decreased in comparison with its condition at the time it was received, the lessor has the right to demand compensation for any damage, normal wear and tear excepted.

2. Where leased property is moveable property, the place for returning the leased property shall be the place of residence or head office of the lessor, unless otherwise agreed.

3. Where leased property is livestock, the lessee must return both the leased livestock and any offspring born during the term of the lease, unless otherwise agreed. The lessor must reimburse the lessee for expenses incurred in caring for the offspring.

4. Where a lessee is late in returning leased property, the lessor has the right to require the lessee to return the leased property and to pay rent for the period of delay and the lessee must compensate for damage. The lessee must pay a penalty for the late return of the leased property if so agreed.

5. The lessee must bear the risk in relation to the leased property during the period of delay.

Thus, if the parties have an agreement on a penalty for late return of the vehicle, the car lessee must have the obligation to pay the penalty for that late payment in Vietnam.

What are regulations on car rental payment term in Vietnam?

In Article 481 of the 2015 Civil Code, there are regulations on payment of rent as follows:

1. A lessee must pay rent in full and on time as agreed. If there is no agreement on the time for payment of rent, the time shall be determined in accordance with the customary practice at the place of payment. If it is not possible to determine the time of payment in accordance with such customary practice, the lessee must make payment when the lessee returns the leased property.

2. Where the parties have agreed on payment of rent in instalments, if the lessee fails to make payment for three consecutive instalments, the lessor has the right to terminate unilaterally the performance of the lease contract, unless otherwise agreed or otherwise provided by law.

Thus, the car rental payment term will be agreed upon by the parties in Vietnam.

In case there is no agreement, it will follow the customs of the place of payment in Vietnam.

In case the custom of the place of payment cannot be determined, the lessee must pay when returning the rented vehicle in Vietnam.

Best regards!