• VIETNAM LEASING OFFICE AGENCY

What to Do When Notarizing Office Lease Contract

What to Do When Notarizing Office Lease Contract

Nowadays, the form of leasing space for office use is very popular. Before each rental transaction, both parties will agree on the terms and record them in the office lease contract. To ensure that the terms specified in the contract are certainly implemented, notarization is extremely necessary.

What is the notarization of the Office lease contract?

What is the notarization of the Office lease contract?
In daily life, we often hear about notarization a lot. So what exactly is notarization? According to the Law on Notarization issued in 2014, notarization is defined as follows:
Notarization is certifying the authenticity, legality, and non-violation of social ethics of a written contract or civil transaction. The notarization process will take place when an agency or organization voluntarily requests notarization This procedure can only be carried out by competent authorities. Usually notary office or a notary office.
Notarization of a contract confirms the legal validity of the terms. Accordingly, the commitments and agreements of the two parties will be guaranteed to be implemented by state power. Both parties to the transaction are required to comply with what the contract has stipulated. Any party in breach will be responsible for compensating the other party

Legal regulations on notarization of office lease contracts

Because notarization of office lease contracts is a matter directly related to the law. Therefore, our state has developed its own laws regulating notarization:

Law on Notarization 2014

This is the most complete legal document on the implementation of notarization procedures in Vietnam. Specifically, regarding the legal value of notarization, Article 5 of this Code provides as follows:

  • The notarized document takes effect from the date it is signed and stamped by a competent authority.
  • Notarized documents are valid for all related parties. When either party fails to comply with the contract, the other party has the right to request the Court to settle. Unless otherwise agreed by the parties to the transaction…
  • Notarized translations and copies have the same validity as original documents.

Civil Law 2015 on housing

With the procedure of notarizing office lease contracts, we also need to pay attention to the provisions of the Civil Law. Below is a summary of the provisions of Clause 2, Article 122 of this Code:

  • In case the organization donates a house, lends it, or stays with it, it is not required to notarize it.
  • The effect of the contract is agreed upon by both parties or, if not, starts from the time the contract is signed.
  • In special cases, you can also bring the contract to document or notarize.

Procedures for notarization of the office lease contract and document requirements

Procedures for notarization of the office lease contract and document requirements
Like other administrative procedures, the contract notarization also requires certain documents. Here is the basic paperwork you need to prepare:

  • The notarization request form, transaction documents are according to the available form. You can receive and telegraph this slip to the notary public.
  • Draft contracts and transaction documents. Before requesting notarization, this document must be signed by both parties.
  • Copy of identity document. At the same time, you must also prepare the original for comparison during the notarization process.
  • A copy of the certificate of ownership and use of land or a replacement document as prescribed by law.
  • Copies of other documents related to the contract or transaction required by law.

Note that the copy paper’s content must be complete and accurate as of the original and not authenticated.

Steps to notarize office lease contract

After carefully preparing documents, the next job is to conduct the notarization process. You need to understand the notarization process to avoid errors and save time. In addition, the notary should pay attention to the working time of the agencies. Notary practice establishments will be open to receive documents from Monday to Friday every week. Working time is from 7:30 a.m. to 11:30 a.m., and from 1 p.m. to 5 p.m. Here is a standard procedure you can refer to:

Step 1: Submit your application
The unit requesting notarization will complete the documents and submit them to the notary practice establishment.

Step 2: Receive and check the application
About receiving applications. In case of indirect reception through the Receiving Department, the file will be returned to the Notary Public. In case the Notary Public directly receives the documents, he/she will examine the documents for notarization.

About checking records, there will be 3 cases:

  • The notarized application dossier is complete and satisfactory. The notary will accept and record it in the Notary Book
  • In case the notarized dossier is incomplete. The notary will write instructions and additional requests. In this form, there will be specific instructions on which documents need to be added and the date of submission. At the same time, the form also contains the name of the responsible Notary for your convenience.
  • In case the notarized document does not meet the legal requirements. The notary will explain the reason and refuse to accept the application. The notarization requester has the right to request the refusal procedure in writing. At this time, the notary will consult with the Head of the Department and prepare a written refusal.

Step 3: Draft and sign documents

  • In case the notarization requester has prepared the document. The notary will examine the draft of the document. If the draft document meets the requirements, the Notary Public will sign for certification. On the contrary, if the draft document fails, the Notary will guide the correction. If the party requesting notarization does not accept the correction, the Notary Public has the right to refuse notarization.
  • In case the notary drafts a document at the request of the notary public. The notarization requester will be present to confirm the information in the document is authentic. After considering the conditions, the notary will perform the notarization of the contract.

Step 4: Sign a notarized certificate of office rental contract

  • Notarization agencies require notarization requesters to present the originals of the papers as prescribed for comparison before recording testimonies.
  • The notary public signs each page of the contract. Then, transfer the service fee to the fee collection department of the notarial practice organization.

Step 5: Return the contract notarization result

The fee-collecting department of the notary-practicing organization shall complete the collection of fees, notary remuneration, and other expenses as prescribed.
The notary agency stamps and returns the dossier to the notarization requester.

Notes when notarizing the office lease contract

Notes when notarizing the office lease contract
Contract notarization is one of the most important legal procedures. After the document is notarized, it will be the basis to consider the obligations and interests of the two parties. This becomes even more meaningful in the event of a problem, which will be the basis for problem-solving. Therefore, you cannot be subjective in every step in the notarization process. Specifically, you should:

  • Learn more about the provisions of the Notary Law.
  • The consent of both parties must be witnessed by a third party.
  • Invite a private lawyer to participate in the agreement process between the two parties. This is the solution to avoid unnecessary misunderstandings due to not understanding the provisions of the law. In addition, the lawyer will be the person to ensure the legality of the transaction contract.
  • There is time to monitor, supplement and amend the terms of the contract. Both parties can agree on timelines to reach an agreement before going on a business trip.

For Foreign companies that want to start or expand businesses and look for an office in Vietnam:

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huyho

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