Do I have to notarize a housing lease contract with term of 6 months or more ?

DMS Law office in Danang, Vietnam advises about if someone have to notarize a housing lease contract with term of 6 months or more ? 

Article 492 Civil Code No. 33/2005/QH11 dated 14 June 2005:

A contract for lease of a residential house must be made in writing, if the term of the lease is six months or more, the contract must be notarized or authenticated and must be registered, except where otherwise provided by law.

Clause 2 Article 122 Law on Housing No. 65/2014/QH13 dated 25 November 2014:

In case an organization gives charity houses, gratitude houses; sale or lease p;urchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing where one contracting party is an organization; housing lease, housing let out rent free, permission to stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to do so.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.

Therefore, according to the Law on Housing 2014, an agreement on housing lease, housing let out rent free, permission to stay in housing, authorization of housing management is not required to be notarized, authenticated, except where the contracting parties wish to do so.

Clause 28 Part III Resolution No. 52/NQ-CP dated 10 December 2010:

Group of procedures:

…Notarization of housing purchase contracts - B-BTP-133336-TT; Notarization of housing exchange contracts - B-BTP-133356-TT; Notarization of agreements on permission to stay in housing - B-BTP-133509-TT; Notarization of housing lease contracts - B-BTP-133520-TT; Notarization of housing donation agreements - B-BTP-133537-TT; Notarization of housing mortgage agreements - B-BTP-133543-TT; Notarization of housing capital contribution agreements - B-BTP-133548-TT…

Abolishing provisions for mandatory notarization of the above contracts, instead the notarization of the above mentioned contracts shall be implemented if the contracting parties wish to do so.  

Part 1 Notification No. 63/TB-VPCP dated 28 February 2012:

Continuing to implement the plan to abolish the mandatory notarization of contracts of: lending out land use rights, lending out land use rights and assets affixed to land; conversion of agricultural land use rights; permission to stay in housing, housing lease, housing management authorization according to Resolution No. 52/NQ-CP dated 10 December 2010 of the Government./.

Related topics:

Authentication of signatures on papers written in foreign language in Vietnam;

Notarization of a housing lease agreement in Vietnam ?

Foreign papers exempted from consular legalization in Vietnam;

Consular legalization of foreign documents to be recognized and used in Vietnam.

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Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son