LSX legal firm has received a question from our customer: “I just rented a house as a place to open a business for 3 years. However, I and the landlord did not notarize this contract. So, does my rental contract violate the law? In case I have to necessary to notarize the contract, what is the need for notarization of the rental contract?”
In this article, LSX legal firm will provide you with information to answer the question: “What do you need to notarize a rental contract in Vietnam?”
- Law on Housing 2014
- Law on Notarization 2014
- Circular 257/2016/TT-BTC
Do you have to notarize the rental contract?
Clause 2, Article 122 of the Law on Housing 2014 stipulates that:
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.
Therefore, the parties must make a house lease contract in writing but do not require notarization or authentication, unless requested by the contracting parties. Although the current law stipulates that housing rental contracts are not required to be notarized or authenticated, contracting parties need to carefully consider whether it is necessary to notarize the contract, especially when entering into a high-value contract.
In case the parties entering into a house lease contract do not need notarization or authentication, whether or not to ask witnesses, the contract will have its validity, if such contract complies with the provisions of content and form as prescribed in Article 121 of the Law on Housing 2014.
What do you need to notarize a rental contract?
According to Clause 1, Article 40 of the Law on Notarization 2014, when notarizing a rental contract, the person requesting notarization needs to prepare the following documents:
- Firstly, a notarization request containing information on the full name and address of the notarization requester, contents to be notarized, and list of enclosed papers; the name of the notarial practice organization, the full name of the dossier recipient, and time of dossier receipt;
- Secondly, the draft contract or transaction;
- Thirdly, a copy of the personal identity paper of the notarization requester;
- Fourthly, 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;
- Lastly, copies of other papers related to the contract or transaction as required by law.
The main content of a rental contract
The contracting parties shall conclude the agreement of house leasing in writing, including:
- Full names of individuals, names of organizations, and addresses of contracting parties;
- 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 areas; purposes of the common areas or common-using areas in the apartment building according to approved design;
- 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;
- Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase, or transfer of agreements on housing sale;
- Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying a new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
- Rights and obligations of contracting parties;
- Commitments of contracting parties;
- Other agreements;
- The effective date of the agreement;
- Date of agreement;
- Signatures and full names of contracting parties, stamps (if any), and positions of the signatories regarding organizations.
Notarization fee of the rental contract
Fees for notarization of lease of land use right, lease of residential house, lease or sublease of property:
|No.||Value of property or value of contract/transaction (total rent)||Fee (VND/ case)|
|1||Less than VND 50 million||VND 40 thousand|
|2||From VND 50 million to VND 100 million||VND 80 thousand|
|3||From more than VND 100 million to VND 01 billion||0.08% of the value of property or the value of contract/transaction|
|4||From more than VND 01 billion to VND 03 billion||VND 800 thousand + 0.06% of the portion of the value of property or the value of contract/transaction in excess of VND 01 billion|
|5||From more than VND 03 billion to VND 05 billion||VND 02 million + 0.05% of the portion of the value of property or the value of contract/transaction in excess of VND 03 billion|
|6||From more than VND 05 billion to VND 10 billion||VND 03 million + 0.04% of the portion of the value of property or the value of contract/transaction in excess of VND 05 billion|
|7||More than VND 10 billion||VND 05 million + 0.03% of the portion of the value of property or the value of contract/transaction in excess of VND 10 billion (the maximum fee shall be VND 8 million/ case)|
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Finally, hope this article is useful for you to answer the question about “What do you need to notarize a rental contract in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: firstname.lastname@example.org
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A rental agreement does not require a deposit. The renter and the lessor have the right to agree or not to agree on the deposit in the contract. The deposit is only to ensure that the parties in the contract perform their obligations properly.
According to Article 472 of the Civil Code 2015, 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.
In this case, the renter needs to ask the lessor to show the land use certificate to determine their ownership. If the lessor’s name is not on the certificate of land use rights, own houses, and other assets attached to the land, the renter should ask them to provide a power of attorney or contract to see if the content of the authorization allows the person to sign in the agreement has the right to enter into a rental contract?