Currently, hire-purchase will be a solution to help people and companies that do not have enough financial resources to buy houses and construction works at the same time, but buyers can still use that property after completion. its financial obligations. A certain time. to make money, find business opportunities, create good results. Lawyer X will guide you to read in detail about the Sample house rental contract for foreigners in Vietnam.
Civil Code 2015
What is a tenancy agreement?
The whole house rental agreement form is a very necessary form to protect the rights and responsibilities of the parties during the signing period. The establishment of a lease agreement also becomes the basis for the two parties to implement the commitments
Make sure there are no disputes or conflicts. It is also a type of legal document used by parties when their legal rights are violated.
After the rental and rental agreements, there will be a commitment contract between the two parties. So that the interests of both will be guaranteed when there are conflicts in the future between the two parties that do not comply with their commitments, the government will intervene and solve the problem. Before signing a lease or rental agreement, please note the following:
Read all the information in the contract again.
Read carefully the additional issues between the two sides.
Go to the legal agency of the state to notarize the rental contract of the two parties. Thus, the new contract has legal validity.
What are the contents of a rental agreement?
Pursuant to the provisions of Article 121 of the Law on Housing 2014 as follows:
“Article 121. Housing contract
A housing contract shall be agreed upon by the parties and must be made in writing, including the following contents:
Full names of individuals, names of organizations and addresses of parties;
Describe the characteristics of the transaction house and the characteristics of the residential land plot associated with that house. For the sale and purchase contract, the lease-purchase contract of the apartment, the parties must clearly state the part under common ownership and common use; use area under private ownership; floor area of apartment construction; the use purpose of the part under common ownership and common use in the apartment building in accordance with the original approved design purpose;
Value of capital contribution, house transaction price if the contract has an agreement on the price; in case of house purchase, sale, lease, or lease-purchase where the State has regulations on prices, the parties must comply with such regulations;
Time limit and method of payment if it is the case of house sale, purchase, lease, lease purchase, transfer of house purchase and sale contract;
Housing delivery time; the housing warranty period if it is a purchase or lease-purchase of a newly built house; term of lease, lease-purchase, mortgage, lending, stay-at-home, authorization for housing management; capital contribution period;
Rights and obligations of the parties;
Commitment of the parties;
Effective date of the contract;
Date, month and year of contract signing;
Signature and full names of the parties, if it is an organization, it must be stamped (if any) and clearly state the position of the signer.
How is liability associated with the delivery of the rental property?
Pursuant to the provisions of Article 476 of the 2015 Civil Code, regulations on the delivery of leased assets are as follows:
“Article 476. Delivery of leased property
The lessor must deliver the property to the lessee in the right quantity, quality, type, condition, time and place as agreed upon, and provide necessary information on the use of such property.
In case the lessor is late to deliver the property, the lessee may extend the time to deliver the property or cancel the contract and demand compensation for damage; if the leased property is not of the agreed quality, the lessee has the right to request the lessor to repair, reduce the rental price or cancel the contract and demand compensation for damage.”
Thus, the lessor of the whole house will have to ensure the quality of the house he leases.
Instructions on how to write a whole house rental agreement form
In the whole house rental agreement, you need to note the following parts:
Parts I, II record full information of the two parties, the lessee and the lessor in accordance with the subject status as prescribed. In case there is a transaction via a bank account, the account numbers of both parties and the Bank’s branch should be clearly stated. This is to facilitate the contract performance process and avoid future disputes.
Fill in the full details of the house address, the location of the leased land
The lease term will depend on the agreement of the parties
The rent deposit can be transferred to the account or received in cash directly according to the agreement
The two parties agree to rent the house according to the offered price
Specify the time of handing over the house to determine the time when the rights and obligations of both parties are established
The method of paying rent according to the agreement of the two parties
The two parties establish each other’s rights and obligations when renting a house
Commitment and dispute settlement will be agreed upon by both parties
Signing and stating full name: This is an indispensable part, thereby showing that the parties confirm the conclusion of the whole house rental contract with the terms and conditions shown above.
Rental agreement does not need notarization?
Previously, for housing lease contracts, in the Civil Code 2005 there was a provision on compulsory notarization of house lease contracts. However, when the Civil Code 2015 was born, the regulation on compulsory notarization of housing lease contracts was abolished.
Therefore, the business rental contract is not required to be notarized or authenticated. The parties can completely agree on whether to notarize or authenticate the business rental contract or not.
According to the Ministry of Finance promulgating Circular No. 257/2016/TT-BTC regulating the rates, collection, payment, management and use of notary fees; authentication fee; Standard appraisal fees are as follows:
The value of the property or the value of the apartment or house rental contract from 50 million VND, the notarization fee is 40,000 VND.
If the value of the property or the value of the apartment or house rental contract is from VND 50 million to VND 100 million, the notarization fee is VND 80,000.
The value of the property or the value of the apartment or house rental contract is from VND 100 million to VND 1 billion, the notarization fee is 0.08% of the rental contract value.
If the value of the property or the value of the apartment or house rental contract is from one billion to three billion dong, the notarization fee is 800 thousand dong + 0.06% of the property value or the value of the house lease contract. 1 billion.
The value of the property or the value of the apartment or house rental contract is from VND 3 billion to VND 5 billion, the notarization fee is VND 2 million + 0.05% of the property value or the value of the rental contract over 3 billion.
If the property value or contract value for an apartment or house is from 5 to 10 billion VND, the notarization fee is 3 million VND + 0.04% of the property value or the rental contract value over 5 Billion.
The value of the property or the value of the apartment or house rental contract from over 10 billion, the notarization fee is 5 million VND + 0.03% of the property value or the rental contract value exceeds 10 billion ( the maximum collection is 8 million VND/case)
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Please see more
- Procedures for renting houses for foreigners in Vietnam
- Regulations on the issuance of red books for apartment houses in Vietnam
- Procedures for selling apartments to foreigners in Vietnam
Frequently asked questions
The lessor has the right to require the lessee to preserve the leased property, to maintain and repair it, and to compensate if damaged. It is not allowed to modify the structure of the rental house to ensure the safety and bearing capacity of the rental house.
A deposit is not a required term in the tenancy agreement. The tenant 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.