Does a whole house rental contract need to be notarized according to legal regulations?

By Hoa Nguyen

12/12/2024

This article provides information on whether a whole house lease contract needs to be notarized or authenticated according to Vietnamese law. It explains the relevant legal regulations, helping tenants and landlords understand their obligations and rights in performing the contract.

Does a whole house rental contract need to be notarized according to legal regulations?

Pursuant to Article 122 of the 2014 Housing Law, there are provisions on notarization, authentication of contracts and the effective date of housing contracts as follows:

“1. In case of sale, donation, exchange, capital contribution, mortgage of housing, transfer of commercial housing sale and purchase contract, the contract must be notarized and authenticated, except for the case specified in Clause 2 of this Article.

For transactions specified in this clause, the effective date of the contract is the date of notarization or certification of the contract.

2. In the case of organizations donating gratitude houses, charity houses; buying, selling, leasing-purchasing state-owned houses; buying, selling, leasing-purchasing social houses, houses for resettlement; contributing capital in the form of houses in which one party is an organization; renting, lending, allowing temporary stays, authorizing management of houses, it is not required to notarize or authenticate the contract, unless the parties have a need.

For transactions specified in this clause, the effective date of the contract is agreed upon by the parties; in case the parties do not have an agreement, the effective date of the contract is the date of signing the contract.

3. Housing inheritance documents are notarized or certified according to the provisions of civil law.

4. Notarization of housing contracts is performed at a notary organization; certification of housing contracts is performed at the People's Committee of the commune where the house is located.".

According to the above regulations, leasing, lending, allowing temporary accommodation, and authorizing housing management contracts are not required to be notarized or authenticated, unless the parties so request.

Therefore, a contract for renting a whole house must be made in writing but it is not required to have the contract notarized, unless the parties so request.

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