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ASK

I have a question I hope you can help answer. Does the rental agreement need to be notarized? When notarizing, what benefits will you get compared to a non-notarized rental contract?

ANSWER

Answering your questions, DHP LAW will answer the following questions:

Clause 2, Article 122 of the 2014 Law on Housing provides:

“For the case of organization of donation or donation of houses of gratitude or charity; purchase, sale, lease-purchase of state-owned houses; purchase, sale, lease-purchase of social housing, housing in service of resettlement; capital contribution by housing with one side being an organization; If the parties rent , lend, let them stay, or authorize the management of the house, they are not required to notarize or authenticate the contract, unless the parties so request .

Thus, for the case of house rental contracts signed from the effective date of the Law on Housing 2014 (from July 1, 2015), it is not required to notarize or authenticate the contract, except in case the contracting parties have the need.

According to the provisions of Clauses 2 and 3, Article 5 of the Law on Notarization 2014 , a notarized contract has the following legal validity:

“2. Notarized contracts and transactions are enforceable for related parties; in case the obligor fails to perform his/her obligations, the other party has the right to request the court to settle it in accordance with law, unless otherwise agreed upon by the parties to the contract or transaction.

1. Notarized contracts and transactions have evidence value; circumstances and events in contracts or transactions that are notarized are not required to be proved, except in cases where the court declares them invalid.

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 still be valid, if such contract is complied with. in accordance with the provisions of content and form as prescribed in Article 121 of the Law on Housing 2014.

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