Office Space Lease Agreement Template in VietNam

An English house rental contract is a type of contract used in rental transactions with businesses or foreigners coming to live and work in Vietnam. Establishing a rental contract in English will be necessary to avoid unnecessary disputes later. In this article, let’s join Maison Office to learn about the most standard house and office rental contract templates in English today!

1. Mandatory contents needed in the rental contract

A house rental contract is an important legal document, designed to establish the rights and obligations of the parties during the house rental process. Accordingly, the lessor is obliged to hand over the house to the lessee for use within the agreed term. On the other hand, the lessee is obliged to pay rent according to the agreement or according to the provisions of law.

To ensure the legal rights and interests of the parties, the rental contract must have all mandatory contents according to the provisions of law. As follows:

1.1 Information of the parties

A house rental contract is an agreement between the parties, made in writing according to the provisions of law. In particular, it is necessary to clearly state the basic information of the lessee and the lessor, including: full name, address, ID card/CCCD, phone number, email,…

In case the house or office tenant is a business, it is necessary to add information related to the business as well as information on the power of attorney for the signing representative.

The rental contract needs information from the participating parties

1.2 Subject of contract

The object of the contract is the specific object that the parties aim to achieve through the contract. Thus, in a house rental contract, the object of the contract is the house, room, premises, etc. that the lessee wishes to rent and use. According to regulations, the contract must clearly state the characteristics of the housing transaction, including: address, usable area, type of housing, number of rooms, condition of the house, etc.

1.3 Rental price and payment method

The next content that needs to be included in the rental contract is the rental price and payment method. In particular, the rental price is the value of the object stated in the contract, specifically here is a house or office for rent.

For example: The two parties execute a house rental contract with an agreed rental price of 15,000,000 VND/month, electricity cost of 3,500 VND/number, water fee of 20,000 VND/m3, wifi fee of 120,000 VND/room, service fee General cleaning 30,000 VND/person,… and many other costs (if any). All will be clearly stated in the rental contract as agreed by the parties.

The contract also clearly states the payment method that the parties choose, which can be direct payment or bank transfer. In addition, it is also necessary to clearly define the contract payment term.

1.4 Rights and obligations of the parties

The rights and obligations of the parties are mandatory contents that need to be clearly established in the house rental contract. This content can be specified based on information about the contract object, rental price and payment method. Depending on the different types of contracts, the provisions on the rights and obligations of the parties will also be adjusted accordingly.

The rental contract needs to clearly state the terms of the rights and obligations of the parties

1.5 Term, location, and method of contract performance

The parties to the contract need to agree on the time limit, place and method of performing the contract. In case the parties do not have a specific agreement, these terms will be determined according to the legal regulations on each type of contract that the parties enter into according to the provisions of the Civil Code.

1.6 Terms of breach of contract

The breach of contract clause is one of the important provisions, stipulating cases of contract violation and sanctions applicable to such violations. The purpose is to protect the legitimate rights and interests of the parties in the contract, and ensure that the contract is performed correctly and completely.

Contract violation clauses can be agreed upon by the parties in the contract. In case the parties do not have a specific agreement, the legal provisions on penalties for breach of contract according to the provisions of the Civil Code shall apply.

1.7 Method of resolving disputes

Contract disputes are conflicts and contradictions between parties regarding the implementation of rights and obligations in the contract. When a contract dispute occurs, the parties can choose many different resolution methods such as negotiation, conciliation, arbitration, etc.

The contract must clearly state the method of resolution when a dispute occurs. In case the parties cannot resolve the dispute, one of the parties has the right to sue in court to request resolution of the dispute.

2. The most standard English rental contract form

Thus, we have learned the mandatory contents needed in house and office rental contracts. Understanding these contents will be the basis to ensure the legitimate rights and interests of the parties during the process of participating in the contract.

Next in this section, Maison Office will send you the most standard rental contract template in English today.

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

HOUSE LEASE CONTRACT

No.: ………………………………..

Date: ………………………………

Today is………………………., we consist of:

PARTY A: THE LESSOR

Rep.: ……………………………………. – Position: ………………………

Business license No.: …………………. Dated, issued by Ho Chi Minh Department of Planning & Investment.

Address: …………………………………………………………………………………

Tell: ……………………………………. Fax: ………………………………………….

Email: ……………………………………………………………………………………

Tax code: ………………………………………………………………………………..

As the legal possessor of the house for lease.

PARTY B: THE LESSEE

Rep.: ……………………………………. – Position: ………………………

Business license No.: …………………. Dated, issued by Ho Chi Minh Department of Planning & Investment.

Address: …………………………………………………………………………………

Tell: ……………………………………. Fax: ………………………………………….

Email: ……………………………………………………………………………………

Tax code: ………………………………………………………………………………..

Both Party A and Party B, in the presence of the real estate broker as a witness, have jointly consented to execute this house lease agreement with the following terms and condition:

ARTICLE 1: PURPOSE AND AREA FOR LEASE

Party B has leased the space as described below from Party A:

1. Place and area: 200 sqm (two hundred square meters) including three floors at the house addressed at No. … Ly Thuong Kiet, Ward 11, Tan Binh Dist., Ho Chi Minh city.
2. Purpose of use: For office use.
3. The house, electricity, water supply systems, and so on, will be transferred to Party B in a satisfactory working condition, as verified and approved by Party B.

ARTICLE 2: DURATION OF THE LEASE

1. Duration of the house lease: …years, commencing on … and ending on…
2. Extension Period: Extension Period: Following the conclusion of the lease, Party B shall be granted priority for either an extension or the execution of a new contract. However, Party B must notify Party A in writing of their intention at least two months prior to the lease termination.

ARTICLE 3: RENTAL FEE & EXTRA COSTS

1. House rental fee: …………………………

– The stated rental fee encompasses a 10% VAT and all associated taxes that may arise under this agreement, while excluding expenses for electricity, telephone, fax, in-house sanitation services, and any other services incurred during Party B’s utilization of these facilities and services.

– The specified rental fee remains constant for the duration of the lease period outlined in Article 2.1.

2. Extra costs:

– Electricity Usage Charges: Party B shall be responsible for covering the costs in accordance with the rate designated for commercial use by the Local Electricity Agency, based on the actual monthly consumption recorded by a separate electricity meter.

– Should a situation arise where fuel is utilized to power the electricity generator due to a power outage, Party B is required to settle the fuel expenses corresponding to Party B’s electricity consumption rate for one month, relative to the total electricity consumption in the same month at the specified house No……………

ARTICLE 4: PAYMENT

1. Currency for calculation: VND (Viet Nam Dong).
2. Payment time:

(a) Security Deposit Amount:

– Within 05 (five) working days following the execution of this contract, Party B must remit in advance to Party A a security deposit equal to the equivalent of 02 (two) months’ rental fee as specified in the agreement.

– The security deposit, after deducting charges for electricity, telephone usage, and other applicable expenses, will be refunded to Party B within 05 (five) working days upon the lawful termination of this contract.

(b) Rental Fee: Party B will pay Party A the rental fee for each three-month period, equivalent to…………….

– For the first duration: Within 05 (five) working days after signing this present contract, Party B must pay to Party A………………………

– For the next durations: Within the first 05 (five) working days of each duration of 03 (three) months, Party B must pay to Party A ………………

In the event that the payment is made after the specified due date, Party B will incur an additional charge of 0.1% (zero point one percent) for each day of delay. If the payment delay extends beyond 30 (thirty) days, Party A retains the right to unilaterally terminate this contract.

(c) Electricity Usage Fee: Party B is responsible for remitting the charge for using running electricity to Party A on a monthly basis, within the first 05 (five) working days of the following consecutive month.

3. Payment method: Either by cash or by cheque to the following details:

Beneficiary: ……………………………..

VND Acc. No.: …………………………

4. Charge for bank transfer will be born Party B.

ARTICLE 5: PARTY A’S RESPONSIBILITIES

1. Affirming and warranting that the aforementioned property is owned by Party A, and that Party A possesses the legal right to lease/rent it without any ongoing disputes.
2. Delivering the leased premises, along with all equipment and technical infrastructure facilities as outlined in Article 1, on the contract’s effective date to Party B.
3. Ensuring Party B the right to use legally, fully and separately the said rented area.
4. Promptly repairing any structural damage to the property resulting from aging or natural disasters and shall assume all expenses associated with these repairs.
5. Compensating Party B for any material and health-related damages caused by the delay of repair in case the collapse of the house happens.
6. Providing guidance to Party B to ensure the full and strict compliance with all legal regulations established by the Government of the Socialist Republic of Vietnam.

ARTICLE 6: PARTY B’S RESPONSIBILITIES

1. Paying timely and fully the amount of security deposit, the rental fee and other costs/fees.
2. Using the said rented area in compliance with the above registered and authorized purpose.
3. In the event that Party B deems it necessary to repair or renovate the leased area to meet its specific requirements, Party B must obtain written consent from Party A and adhere to the construction regulations in force. All expenses related to such repairs or renovations shall be the responsibility of Party B.

Upon the termination of this contract or when Party B transfers the leased area back to Party A, Party B is obligated to maintain the condition of the rented house in a manner consistent with its state at the time of delivery. Party B shall not be entitled to claim any compensation for these new repairs or renovations.

4. Compensating for any and all damages to the leased premises, losses of facilities, equipment, and furniture, as well as any adverse consequences inflicted upon others due to Party B’s use.
5. Timely informing Party A of all/any damages to the rented area caused by its longevity or by natural disasters.
6. Strictly obeying all laws and regulations promulgated by the State of S.R VIETNAM.

– Abiding all regulations and rules on environmental hygiene. public order and security, fire fighting and prevention, etc.

– Taking full responsibilities for the activities of itself to the current Vietnamese Laws.

7. Not sub-leasing or transferring partly or wholly the rented area to another person/company/entity.
8. Paying up all expenses of electricity, telephone, fax and other charges, if any, before making the contract liquidation.
9. Taking responsibilities for any/all maintenance[s] and loss[es] of facilities, furniture inside the house, his personal properties.

ARTICLE 7: PROVISIONAL HOUSE & EQUIPMENTS MAINTENANCE AND REPAIR

ll’ it is needed to do the maintenance/repair works on the house, PARTY A must inform PARTY B in writing in advance and PARTY B must create favorable conditions to enable PARTY A to carry out such works. If PARTY B unreasonably hinders such works thus endangering the safety of the house, then PARTY B must bear the reasonable costs arising from the consequences.

ARTICLE 8 : CONTRACT TERMINATION

1. This present contract evidently terminates under the following cases:
2. a) On the expiration of this present contract.
3. b) In case of Force Majeure: Act of God, flood, storm, war, fire, etc.
4. By replanning according to the Master plan of Ho Chi Minh City.
5. Party B cannot continue its business operation in Ho Chi Minh City under the command of competent authorities.

In these cases [a, b, c, d], Party A will reimburse to Party B the amount of the security amount.

4. Delay of payment stipulated in Article 4.

In this case [e], Party A will not reimburse to Party B the amount of the security amount.

2. Contract termination prior to its expiration under both party’s agreement:

This contract shall not be unilaterally terminated prior to its expiration by either party. Should either party want to terminate this contract prior to its expiration, he must inform in writing to the other party at least 02 [two] months and the duration of the lease should be at least 2/3 (equivalent to 08 months). In this case, Party A shall refund Party B the amount of security deposit and the remaining amount of the rental fee, if any.

– Should Party B terminate this present contract prior to its expiration without complying with the above stipulations, Party B will lose the amount of security deposit.

– Should Party A terminate this present contract prior to its expiration without complying with the above stipulations, Party A will refund Party B the amount of security deposit, the remaining amount of the rental fee, if any, and must pay to Party B amount equivalent to the amount of security deposit as compensation.

ARTICLE 9: GENERAL COMMITMENT

1. Both parties undertake to perform strictly and fully the articles and conditions stipulated in this present contract. Any/all amendment, cancellation or addition of one or more terms, conditions of this present contract must be agreed by both parties in writing and must be made into relevant annex.
2. On the issuance of any legislation by a competent authority concerning house leasing, this present contract will be adjusted in accordance with Vietnamese laws and regulations.
3. Any disputes arising in reaction to this present contract or the breach of this present contract shall be settled firstly by negotiation under goodwill, cooperativeness. Should the negotiation fail, the matter shall be submitted to the competent court for settlement. And the Court’s decision will be considered as final and binding on all concerning parties to execute. The Court charges and other expenses, if any, must be borne by the losing party, unless otherwise agreed.
4. This present contract has its legal validity from the signing date until ………….

This present contract is made into 02 [two] copies in English languages of equal validity. Each party will keep 01 [one] copies.

(FOR THE LESSOR/PARTY A)(Sign)

(FOR THE LESSEE/PARTY B)(Sign)

3. Is the English office lease contract legally valid?

Office Lease Agreement in English (Office Lease Agreement) is an important legal document created under an agreement between the lessor and the lessee. The contract is used in cases where one of the parties is a foreign individual or enterprise. The purpose is to help the parties clearly understand the content and meaning of the contract in order to sign it.

Office rental contract in English is legally valid

The Vietnam Civil Code 2015 and the Commercial Law 2005 do not have any specific regulations on language in office lease contracts. Therefore, the parties can use the English office rental contract to sign.

However, in the process of working with competent state agencies, English contracts need to be translated into Vietnamese for notarization. Therefore, relevant parties should pay attention to drafting a bilingual contract in English – Vietnamese or drafting an additional contract in Vietnamese to avoid future risks.

Thus, Maison Office has just compiled for you the most standard English rental contract template available today. Hopefully the above sharing has helped you understand the important contents to keep in mind when drafting a rental contract. Thereby ensuring the legal rights and interests of the participating parties in accordance with the law.