Clubs · Nov 17, 2024 · 2 min read
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Clubs · Nov 17, 2024 · 2 min read
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This article provides detailed information on how rental contracts are regulated in Vietnam, including key terms, rights and obligations of involved parties, and important considerations to ensure legal compliance.
A housing rental contract is considered a real estate business contract according to the provisions of Point b, Clause 1, Article 17 of the Law on Real Estate Business 2014.
Accordingly, the regulations for housing lease contracts are stated in Clauses 2 and 3, Article 17 and Article 18 of Real Estate Business Law 2014. as follows:
- Housing rental contracts must be made in writing. Notarization and authentication of contracts are agreed upon by the parties, except for contracts for purchase and sale, lease-purchase of houses, construction works, and contracts for transfer of land use rights in which the parties are households and individuals specified in Clause 1 of this Article. Clause 2, Article 10 of this Law must be notarized or authenticated.
- The effective date of the contract is agreed upon by the parties and stated in the contract. In case the contract is notarized or authenticated, the effective date of the contract is the time of notarization or authentication. In case the parties do not have an agreement, there is no notarization or authentication, the effective date of the contract is the time the parties sign the contract.
- Contents of the housing lease contract include the following contents:
+ Names and addresses of the parties;
+ Information about real estate;
+ Sales, rental, and lease purchase prices;
+ Payment method and deadline;
+ Time limit for delivery and receipt of real estate and accompanying documents;
+ Warranty;
+ Rights and obligations of the parties;
+ Liability due to breach of contract;
+ Penalty for breach of contract;
+ Cases of contract termination and cancellation and handling measures;
+ Dispute resolution;
+ Effective date of the contract.
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