In accordance with the Housing Law of 2014, tenant contract must be made into written documents, but don’t have to be notarized.
The purpose of making written contract is to protect the benefits of all parties involved.
For tenant contract sample, refer to Decree 76/2015/NĐ-CP on guidelines for law on real estate trading. The content of the tenant contract must conform to Clause 5, Article 121 of the Housing Law of 2014. The parties involved must also pay attention to the following points.
Clause 5 of Article 121 of the Housing Law stipulates that a tenant contract must include the following information:
1. Full name or title of the parties involved (individuals or organizations);
2. Description of the housing transfer;
3. The price of the housing transfer if the parties involved negotiate on the price. If the price is regulated by local authorities, then this regulation must be followed;
4. Deadline and methods of payment;
5. Deadline for housing transfer and renting duration;
6. Rights and responsibilities of the parties involved;
7. Covenants of the parties involved;
8. Other agreements;
9. Effective date;
10. Date of signing contract;
11. Signature and full names of the parties involved. If the parties are organizations, seal (if available) and position of the signer must be provided.
Note: although the law stipulates that the lease contract must contain these contents, the parties can add additional provisions on dispute resolution or provisions of governing law. Because the lease contract is signed between a foreigner, a Vietnamese organization or individuals, therefore all the parties should make provisions on governing law in order to reach an agreement if any dispute occurs.
DESCRIPTION OF THE HOUSE/APARTMENT
The content of the tenant contract must conform to Cl ause 5, Article 121 of the Housing Law of 2014. The parties involved must also pay attention to the following points when negotiating and making contracts:
This must be described in detail in the contract. In the tenant contract, the parties involved must specified the characteristics, location, quantity and condition of the house/apartment. Describing the house/apartment in full and detail will help the parties involved to protect their rights and perform their responsibilities.
For example: The tenant may require the landlord to handover the house/apartment that retains the shape, quality and condition as specified in the contract, in case the landlord fails to handover the house/apartments as specified in the agreement between both parties.