Library

Does Tenancy Agreement Need to Be Notarized?

Housing rental contracts are made and implemented by the lessee and the lessor, including the conditions and responsibilities of the two parties to the rental housing, the terms stated in the contract is right with the prior agreement of the two sides.

Article 492 the Civil Code 2005 provides for the form of lease agreement as follows: “Housing rental contract must be made in writing, if the lease term is six months or above, it must be notarized or certified and must register, unless other cases provided by law.”

Paragraph 2 of Article 122 – Housing Act 2014 provides that, in case the organization donated the house for charity purpose; purchase and lease purchase of houses under state ownership; purchase or lease purchase of social housing, housing for resettlement; housing capital contribution in which one party is organization; case of leasing, lending, allowing for temporary and authorized to manage the house are not required for notarization and authentication of contracts, unless the parties have needs.

In part a, point 28, section III of Resolution No. 52/NQ-CP on the administrative procedures in the field of judicial support, the attached Appendix have clearly stated that the regulation about mandatory notarization of some contracts, including housing lease contracts will be eliminated.

Thus, from the above regulations, we can see that currently, Vietnam law is not compulsory that tenancy agreement have to be notarized. The notarized or not is up to the parties involving in the contract. However, in order to ensure the interests of the parties in the contract, the parties could consider notarized housing lease contracts.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang

How ANT Lawyers Could Help Your Business?

The changes of laws will be monitored by ANT Lawyers.  For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529

ANT Lawyers

Recent Posts

7 Powerful Impacts of Abolishing Tax Exemptions in Vietnam for Imports Under 1 Million VND

On February 18, 2025, Vietnam will implement a significant change in its tax policy by…

5 hours ago

The Revised Law on Asset Auctions 2024: A Significant Step Forward in Vietnam’s Asset Management and Judicial Auctions

Vietnam has made substantial progress in refining its legal framework to meet growing demands for…

1 week ago

The 2024 Amended Securities Law: A Bold Step Towards Market Integrity

The stock market is one of the most important areas for raising capital and meeting…

3 weeks ago

Vietnam Capital Law 2024: 7 Powerful Changes to Boost or Challenge Your Business in Hanoi

A New Era of Opportunity or Complexity for Foreign Businesses in Hanoi? Imagine standing in…

3 weeks ago

Electricity Law Amendment 2024: A Milestone in Vietnam’s Energy Sector

On November 30, 2024, the National Assembly officially passed the Electricity Law Amendment 2024, marking…

4 weeks ago

Vietnam Bans E-Cigarettes: 7 Powerful Reasons Why This Bold Decision Protects Public Health

The decision by Vietnam to ban e-cigarettes is a turning point in public health policy.…

1 month ago

This website uses cookies.