SBLAW provides for client Form of in principle house lease contract in Vietnam as follows:
IN PRINCIPLE HOUSE LEASE CONTRACT
NO:
BETWEEN
_________________
AND
_________________
Hanoi, 2015
IN PRINCIPLE HOUSE LEASE CONTRACT(“Contract”) is made on this … day of May 2015 by and between:
| Lessor: |
|
|
| ID Card No. | Issued by _____ on_____ | |
| Date of birth | ||
| Permanent Resident Address | ||
| Current Resident Address | ||
| ID Card No. | Issued by _____ on_____ | |
| Date of birth | ||
| Permanent Resident Address | ||
| Current Resident Address | ||
| (hereinafter referred to as the “Lessor”) | ||
And
| Lessee: | ||
| Address | ||
| Tel : | ___ | Fax : ___ |
| Representative : | ||
| (hereinafter referred to as the “Lessee”) | ||
(In this Agreement, the Lessor and the Lessee is referred to separately as “Party” and jointly as “Parties”).
WHEREAS:
(A) Lessor is now entitled to the ownership of House at (address) including (hereinafter referred to as “Leased Area”);
(B) Lessee desires in leasing and has proposed to Lessor its desire in leasing the Leased Area;
(C) Lessor agrees to lease the Leased Area to Lessee;
AFTER DISCUSSION and NEGOTIATION, Parties agree to enter this Agreement with the following terms and conditions:
Article 1: SCOPE OF THE CONTRACT
1.1 Lessor leases the entire Leased Area and the equipment (to be specified in the minute of hand over signed by and between authorized representatives of the Parties) this Agreement to Lessee under this Contract for the leasing term as stated in Article 2 of this Contract.
1.2 The Leased Area shall be used for head office and the business of restaurant services of ___. The Leased Area must not be used for any purposes other than the purpose stipulated in this Contract.
Article 2: LEASING TERM
The leasing term under this Contract is (number of years) years from ___(hereinafter referred to as “Commencement Date”), unless there is an earlier termination or term extension under the terms and conditions of this Contract.
Article 3: RENTAL AND PAYMENT
3.1 The Rental will be ___ USD/month. The Rental is inclusive of applicable tax under Vietnam Law.
3.2 In case Official House Lease Contract is made by and between the Lessor and ___(Hereinafter referred to as “Official House Lease Contract”), the Parties agree that the Rental shall be exchanged into Vietnam Dong according to exchange rate declared by Vietnam Commercial Joint Stock Bank (Vietcombank) at the signing date of the Official House Lease Contract.
3.3 Lessee shall make the payment of ___ months- Rental each time in the first year. From the second year, the Lessee shall pay 6 months – Rental each time.
3.4 The Rental shall be remained unchanged within ___ years. From the 4th year, the Rental shall be revised. The revision amount shall however not be in excess of ___ of the Initial Rental.
3.5. Lessee shall place a deposit equivalen to ___ months rental after signing this In-principal House Lease Contract (Hereinafter referred to as “Deposit”). Deposit shall be treated as the Deposit of the ___under the Official House Lease Contract if the Official House Lease Contract is made and the deposit shall be remained until the expiry date of Leasing Term. The Lessor shall refund the Deposit to Lessee (no interest) upon the Lesee or the ___(as the case may be) fulfills its obligation to the Lessor.
Article 4: SIGNING THE OFFICIAL HOUSE LEASE CONTRACT AND TERMINATION OF CONTRACT BEFORE THE EXPIRY DATE
4.1 The Parties plan that the signing date of the Official House Lease Contract shall not later than Commencement Date except for that the Lessee requires for extension and pays Rental to the Lessor until completion of licensing procedures for setting up ___. This Contract shall be terminated upon the Official House Lease Contract is signed.
4.2 In case by the deadline for signing the Official House Lease Contract as stipulated at Item 4.1 above or by other time if it was extended, the Lessee fails to obtain necessary license for establishment of ___, the Lessee is entitled to unilaterally terminate the Contract before the expiry date. In this case, the Lessor shall be entitled to the Deposit.
4.3 In case the Lessor fails to sign the Official House Lease Contract as stipulated at Item 4.1 above for any reasons, the Lessor shall (i) refund Deposit as stipulated at the Item 3.5 above and (ii) pay an amount equivalent to Deposit to the Lesee.
Article 5: ASIGNMENT
If the Lessor assign or transfer its ownership against the Leased Area before signing the Official House Lease Contract, the Lessor shall warrant that its Assignee/Transferree shall continue to perform obligations of the Lessor under this Contract.
Article 6: LESSOR‘S RIGHTS AND RESPONSIBILITIES
6.1 In addition to rights and obligations as stipulated in other terms of this Contract, the Lessor shall have following right and responsibilities:
6.2 The Lessor undertakes that it will:
(a) assure all of Lessee/___‘s rights (as the case may be) to the Leased Area within the whole leasing term as specified in this Contract.
(b) at its own cost conduct the renovation and repair of the defects and damages relating to the rooves, structure, strength resistance frames of Leased Area during the leasing term under this Contract except for the case such equipment is broken due to Lessee/___‘s rights (as the case may be) carelessness, faults, unduly use or the consequences of the renovation to the Leased Area.
(c) conduct the maintenance, repair and replacement of the broken equipment at the Leased Area except for the case such equipment is broken due to Lessee/___‘s rights (as the case may be) carelessness, faults, unduly use or the consequences of the renovation to the Leased Area.
(d) comply with the Vietnamese regulations on the lease of the Leased Area under this Contract;
(e) perform financial responsibilities as required by the laws for any collection arisen by this Contract;
Article 7: LESSEE‘S RIGHTS AND RESPONSIBILITIES
7.1 The Lessee undertakes that it will:
(a) use the Leased Area for the purposes clarified in Article 2.2 of this Contract;
(b) protect and keep the Leased Area and the attached equipment in good and clean situation (except for normal depreciation);
(c) clean and return the Leased Area as it was to Lessee upon the expire of the Leasing Term, in the conditions not worse than the conditions by the time of handing the Leased Area over under this Agreement if it is required by the Lessor; and
7.2 The Lessee undertakes that it will NOT:
(a) Damage or make dirty to any parts of the Leased Areawithout writing approval of the Lessor;
(b) Use the Leased Area for purposes which are not specified in Article 2 of this Contract.
Article 8: FORCE MAJEURE
8.1. Force majeure means events that happen during the validity of this Contract affecting, preventing or causing the implementation of Contract’s obligations of the Parties in the Agreement impossible and such events are out of prior anticipation of the Parties and out of reasonable control of affected Party including but not limited to the following events:
– One of the Party goes to bankrupted as stipulated by the Bankruptcy Law of Vietnam;
– Natural calamity: earthquake, flood, severe weather;
– War, state of war (regardless war declaration or not), foreign invasion, riot, civil commotion, terrorism;
– Policies, action or decisions of relevant authorized agencies in pursuant of laws that cause cooperation’s objectives of the Parties under this contract can not be implemented or severely damage rights and obligations of the Parties;
– Epidemic diseases, environmental pollution as a result of radioactivity affection.
– Strike, lock-out, industrial dispute.
8.2 If the Parties becomes unable to perform any duty or obligation under this Contract by Force Majeure, the Contract shall be delayed as long as Force Majeure exists, however, the following conditions must be satisfied
– The event of Force Majeure was the direct cause of impediment or delay the performance of obligations under this Contract.
– The Party encountered by Force Majeure has implemented all necessary measures to overcome such event.
– The Party encountered such event of Force Majeure must immediately notify the other Party of the event and send writing document with explanation of measures and reasons for not executing the Contract within 30 days of its occurrences.
8.3 If Force Majeure still exist within 90 days since its started and the Parties are unable to execute the Contract, the Parties will discuss on the termination and liquidation of the Contract.
Article 9: MISCELLANEOUS PROVISIONS
9.1 The Parties undertake that they have legal authorization and competence in signing and performing this Contract.
9.2 All rights, benefit, functions, responsibilities and obligations of the Parties under this Contract will be legally binding their transferees, successors and sub-Lessee respectively.
9.3 The invalidity, unlawfulness or unenforceability of any articles in this Contract will not affect to the validity, lawful and enforcement of remaining articles. This Contract shall only be replaced, supplemented by lawful representatives of the Parties.
9.4 This Contract is made into four (04) Vietnamese versions. The Lessor shall keep 01 (one) copy. The Lessee shall keep 03 (three) copies.
9.5 This Contract shall come into force from the date it is signed by the authorized representatives of the Parties.
IN THE WITNESS HEREOF, this Contract has been signed on the date set forth on the first page of this Contract.
| For and on behalf of
the Lessor
|
For and on behalf of
the Lessee
|
