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What document needed for notarization of House Lease Contract?

19/09/2020


1. .LIST OF DOCUMENTS

Order

Document name

Quantity

Note

 

Notary service request form

01

Original

 

Personal documents: Civil identity card/ National ID card/ Vietnamese People's Army Officer Identification Card/ Passport of party joining in the transaction

01

Copy

 

Land use right certificate or alternative document required by law.

01

Copy

 

Other papers relating to transaction contract that are required by law such as:

*One of the documents proving  status of common or private property (in case the lessor or sub-lessor are individuals):

  •  Division of property of during marriage/division of inheritance/ property donation agreement
  • Agreement on division common and separate property/ merger private property into the common property of married couple, agreement on identity property of married couple.
  • Agreement on private property during marriage.
  • Marriage certificate/ Confirmation of Marital Status (in case of living together without marriage registration procedures).
  • Confirmation of  the property beyond marriage period: Certification of marital status (in comparison with the time having the property beyond marriage) ...

* One of the documents on representative rights:

  • In case the transaction executed by minors;
  • Birth certificate 
  • In case the representative performs the transaction such as: A written commitment to represent for the benefit of their minor children in civil transactions relating to the minor children's property;
  • In case of representing as being authorized:
  • Authorization contract is formed legally.
  • In case of loss or having limitation in civil act capacity: 
  •  The Law court pronounces that the person is legally incapacitated one or limited capacity.
  • Written agreement of the guardian, guardian supervisor or the person who completes guardian registration;
  • A written commitment shows that guardian's transactions relating to the property is for the benefit of the incapacitated person, is agreed by guardian supervisor.

*One of the documents shows transaction authorization:

  • The person who is Vietnamese and lives in Vietnam: Family register;
  • The person who is Vietnamese and settle in other country: except for the documents proving the person is from Vietnam; Certificate of Vietnamese origin or giving up Vietnamese relationship, citizen registration, other documents for entry into Vietnam;
  • Foreign-invested organizations and enterprises (including 100% foreign-invested enterprises, joint-venture enterprises or Vietnamese enterprises in which foreign investors purchase shares, merge or acquire according to regulation of the law on investment): papers showing legal status and the authority to decide to conduct transactions in accordance with the law on enterprises, the law on investment; 
  • Business Registration Certificate/ Investment License.
  • Company seal (to seal on documents according to the business contract).
  • Meeting minutes of Board of members/ Board of Directors/ General Meeting of Shareholders/ Cooperatives Board of directors meeting/ Cooperative members meeting on the approval of transaction contract or written agreement of enterprise owner if the transaction is not authorization of the legal representative (in accordance with business contract and legal documents) ...
  • Business contract or cooperative contract.
  • Financial report (in case of proving authority of the Board of Directors, Board of Members, Cooperative Board of Directors).
  • Foreign-invested enterprise that is the lessor/ sub-lessee:
  • Person who uses land to invest in house-  for- rent project in industrial parks, industrial clusters or export processing zones: need to have approved project.
  • Producing or trading investor in industrial park, industrial cluster or export processing area which are rented accompany with the infrastructure: land lease contract for entire the lease term (in case of leasing the right to use land and property on that land), land lease contract with annual payment (if leasing the right to use land and property on that land in term of annual payment).
  • Producing or trading company in industrial park, industrial clusters or  export processing zone which are assigned, transferred the right of using land and infrastructure on that land by the State, Vietnamese settling in foreign countries invests in building infrastructure, industrial park, industrial cluster or export processing zone before the valid date of Land Law 2013( still have the right to use land during the project without renting again): certificate on land use rights issued before the valid date of Land law 2013.

* Certificate of civil capacity: mental health certificate, etc (in case there is a doubt about the act capacity of the party joining in contract transaction).

* Identity card of the witness/ interpreter (if having a witness/ interpreter)

* Other papers relating to the implementation of the land use rights.

  • Certificate of origin of assigned, leased and transferred land that the money for using, renting or transferring land isnt from state budget (In case that the assignor is a State capital group).
  • Rental payment receipt for entire lease term.

* Documents about completing financial obligations as prescribed.

  • ​​​Other papers relating to the notarial services

 request as the regulation.

* In case that the contract is prepared by notarization requester: above-mentioned documents accompany with draft contract.

01

Copy